L-1 H 4094

GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

Bombay Act No. III of 1888.

The Mumbai Municipal Corporation Act

(As modified upto the 18th January 2016)


PRINTED IN INDIA BY THE MANAGER,
GOVERNMENT CENTRAL PRESS, MUMBAI
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS
MAHARASHTRA STATE, MUMBAI 400 004.

2016

[ Price : Rs. ]
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (i)

THE MUMBAI MUNICIPAL CORPORATION ACT

CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY.
1. Short title and extent.
2. Repeal of enactments.
3. Definitions of terms.
CHAPTER II
THE MUNICIPAL CONSTITUTION.
Municipal Authorities.
4. Municipal Authorities.
(A) The Municipal Corporation.
5. Composition of Corporation.
5A. Reservation of seats.
5B. Person contesting election for reserved seat to submit Caste Certificate and
Validity Certificate.
Duration of the Corporation : Term of Office of Councillors :
Casual vacancies, etc.
6. Duration of the Corporation.
6A. Term of office of Councillors.
6B. Election to constitute Corporation.
7. [Deleted.]
7A. [Deleted.]
7B. Councillor to vacate all offices if he ceases to be a Councillor.
8. Re-eligibility of persons ceasing to be a Councillor.
9. Casual vacancies how to be filled up.
10. Publication of names of Councillors in the Official Gazette.
Qualifications and disqualifications of Voter and Councillors.
11. Persons qualified to vote.
11A. [Deleted.]
12. [Deleted.]
13. [Deleted.]
14. Qualification for election as a Councillor at a ward election.
14A. [Deleted.]
15. [Deleted. ]
15A. [Deleted.]
16. Disqualifications for being a Councillor.

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(ii) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS.

17. A person becoming disqualified to cease to be a Councillor.

18. Questions as to disqualifications to be determined by Chief Judge of the Small
Cause Court.
18-1A. Liability of Councillor to removal from office.
18A. State Election Commission.
18AA. Power of State Election Commissioner to issue directions to prevent impersonation.
Municipal Election Roll.
19. Division of Brihan Mumbai into single-member wards and preparation of
municipal election roll therefor.
20. [Deleted.]
21. Right to vote.
21A. [Deleted.]
21B. [Deleted.]
21C. [Deleted.]
21D. [Deleted.]
Elections of Councillors.
22. Date of Election.
23. [Deleted.]
24. [Deleted.]
25. Notice to be given of day fixed for ward elections.
26. Candidates at ward elections must be nominated.
26A. Deposit by candidates.
27. Poll to be taken when a ward election is contested.
27A. Prohibition of canvassing in or near polling stations.
27AA. Prohibition of public meetings on the day preceding the day of poll and on the
day of poll.
27B. Penalty for disorderly conduct in or near polling stations.
27C. Penalty for misconduct at polling stations.
28. Provisions respecting contested ward elections.
28A. Maintenance of secrecy of voting.
28B. Officers, etc., at elections not to act for candidates or to influence voting.
28C. Breaches of official duty in connection with elections.
28D. Removal of ballot papers from polling stations to be an offence.
28E. Other offences and penalties therefor.
28F. What is a corrupt practice.
28G. Corrupt practices, criminal offences and procedure.
28H. Adjournment of poll in emergencies.
28I. Fresh ballot in the case of destruction, etc., of ballot boxes.
29. State Government may make rules for the conduct of elections.
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1888 : Bom. III] Mumbai Municipal Corporation Act (iii)

SECTIONS.

30. [Deleted.]
30A. [Deleted.]
31. [Deleted.]
31A. [Deleted.]
32. Declaration of results of elections.
33. Election petitions to be heard and disposed of by Chief Judge of the Small Causes
Court.
34. Procedure if election fails or is set aside.
Appointment of Councillors by State Government.
35. [Repealed.]
Proceedings of the Corporation.
36. Provisions regulating the Corporation’s Proceedings.
36A. Power to order withdrawal of member.
Mayor.
37. Mayor and Deputy Mayor.
37-IA. Leader of Opposition.
37-IA-I. Leader of the House.
37-I-B. [Deleted.]
37-I-C. [Deleted.]
37-I-D. [Deleted.]
37-I-E. [Deleted.]
Honoraria, fees and allowances.
37A. Honoraria, fees or allowances.
37B. [Deleted.]
Committees.
38. Appointment of consultative Committees for special purposes.
38A. Special Committees of the Corporation.
38B. Special Committees of the Standing Committee, the Improvements Committee or
the Education Committee.
38C. Appointment of Sub-Committees by the Improvements Committee.
39. Appointment of Primary Education Consultative Committee.
40. Committee may be appointed for other educational purposes.
41. Appointment of Hospital Committee.
42. Constitution of Standing Committee.
43. Members of the Standing Committee when to be appointed.
44. Appointment of Chairman of Standing Committee.
45. Members of Standing Committee to retire by rotation.
46. Appointment of members of Standing Committee to replace those who retire.
46A. Member of Standing Committee absenting himself for three months from
meetings to vacate seat.
47. Casual vacancies in the Standing Committee how to be filled up.

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(iv) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS.

48. Each Standing Committee to continue in office till a new Committee is appointed.
49. Provisions regulating the proceedings of the Standing Committee.
49A. Improvements Committee to be constituted for the purpose of carrying out the
improvement of the city.
49B. Constitution of the Improvements Committee.
49C. Members of Improvements Committee when to be appointed.
49D. Appointment of Chairman of Improvements Committee.
49E. Members of Improvements Committee to retire by rotation.
49F. Appointment of Members of Improvements Committee to replace those who retire.
49G. Casual vacancies in the Improvements Committee how to be filled up.
49H. Improvements Committee to continue in office till a new Committee is appointed.
49I. Provisions to regulate the proceedings of the Improvements Committee.
50. Constitution of Brihan Mumbai Electric Supply and Transport Committee and term of
office of its Members.
50A. Disqualification of members of Brihan Mumbai Electric Supply and Transport
Committee.
50B. Casual vacancies how to be filled up.
50C. Chairman of Brihan Mumbai Electric Supply and Transport Committee.
50D. Meetings of Brihan Mumbai Electric Supply and Transport Committee.
50E. Fees for attendance at meetings of Brihan Mumbai Electric Supply and Transport
Committee.
50F. Sub-Committees of the Brihan Mumbai Electric Supply and Transport Committee.
50G. Constitution of Education Committee.
50H. Members of Education Committee when to be appointed.
50I. Disqualifications of Members of Education Committee.
50J. Appointment of Chairman of Education Committee.
50K. Members of Education Committee to retire by rotation.
50L. Appointment of members of Education Committee to replace those who retire.
50M. Casual vacancies in Education Committee how to be filled up.
50N. Each Education Committee to continue in office till new Committee is appointed.
50O. Education Committee to act notwithstanding default, etc., in appointment of members.
50P. Meetings of Education Committee.
50Q. Right of Municipal Commissioner and Education Officer to be present.
50R. Appointment of Sub-Committees by Education Committee.
50S. Elections to Committees to be by proportional representation.
50T. [Deleted.]
Wards Committees.
50TT. Constitution of Wards Committees.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (v)

SECTIONS.

Provisions regarding validity of proceedings.

51. Vacancy in Corporation or in any Committee not to invalidate their proceedings.

52. Proceedings of Corporation, etc. not vitiated by disqualification, etc. of Members thereof.
53. Proceedings of meetings to be deemed to be good and valid until the contrary is proved.
53A. Exercise of powers and discharge of duties of any Committee by corporation.
53B. Removal of Chairman or Deputy Chairman of Committees.

(F) The Municipal Commissioner.

54. Appointment of the Commissioner.

The Director.

54A. Appointment of the Director.

Deputy Municipal Commissioner.

55. Appointment of a Deputy Municipal Commissioner.

56. Functions of the Director and a Deputy Commissioner.
56A. Appointment of Deputy Municipal Commissioner (Improvements).
56B. Functions of the Deputy Municipal Commissioner (Improvements).

Remuneration of Commissioner, Director and Deputy Commissioner.

57. Salary of the Commissioner.

Duties which may be undertaken by the Commissioner outside of this Act.
58. Remuneration of the Director and a Deputy Commissioner.
58A. Remuneration of the Deputy Municipal Commissioner (Improvements).

Provisions for absence of Commissioner, Director or Deputy Commissioner on leave.

59. Grant of leave of absence to the Commissioner, Director or

Deputy Commissioner.
Allowance whilst absent on leave.
Appointment and remuneration of acting Commissioner or acting Director or a Deputy
Commissioner.

Disqualifications of the Commissioner,

Director and Deputy Commissioner.

60. Commissioner, Director and Deputy Commissioner not to be interested in any contract
with the Corporation.

(G) The General Manager

60A. Appointment of General Manager.

60B. Leave of absence to General Manager.
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(vi) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS.

60C. Disqualifications of General Manager.

60D. Appointment of Chief Accounts Officer.

CHAPTER III.

DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES.

Obligatory and Discretionery Duties of the Corporation.

61. Matters to be provided for by the Corporation.

62. Corporation to provide a monthly sum to State Government for maintaining
certain Medical Institutions in Mumbai.
62A. Fees to be charged by the Corporation in public hospitals and dispensaries.
62B. Extent of benefit to Corporation by change in policy of State Government in regard to
their liability in respect of primary education.
62BB. Directions by State Government regarding subjects, etc. in schools.
62C. Primary schools and schools maintained by grants to be open to officers appointed by
State Government for inspection.
62D. Corporation to provide annual sum for the Prince of Wales Museum of Western India.
62E. Corporation to provide for maintenance of lunatics.
63. Matters which may be provided for by the Corporation at their discretion.
63A. Performance of functions by agencies.
63B. Environment Status Report.

Respective Functions of the Several Municipal Authorities.

64. Functions of the several municipal authorities.

64A. Citizens Charter.
64B. Delegation of powers.
65. Corporation may call for extracts from proceedings, etc., from committee.
66. Corporation may require the Mayor to produce documents and furnish returns,
reports, etc.
66A. Right to ask questions.
66B. Discussion on urgent public matters.
66C. Asking statement from Commissioner.
67. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure.
68. Delegation of powers of Municipal Authority of the Commissioner.
68A. [Deleted.]
68AA. Government officers may be empowered to exercise certain powers, etc. of the
Commissioner.
68B. [Deleted.]
Contracts.
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1888 : Bom. III] Mumbai Municipal Corporation Act (vii)

SECTIONS.

69. Power to the Commissioner to execute contracts on behalf of the Corporation.

70. Mode of executing contracts.
71. Contract not binding on the Corporation unless executed as prescribed in section 70.
72. Tenders to be invited for contracts involving expenditure exceeding three lakhs rupees.
72A. Power to execute contract with unemployed Engineers.
73. Security when to be taken for performance of contract.
73-1A. Saving of contracts under Chapter XVI-A.

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.

73A. Appointment of Special Engineer.

74. Appointment of City Engineer, Executive Health Officer and
Hydraulic Engineer.
75. Time within which vacancy in office of City Engineer or Executive Health Officer or
Hydraulic Engineer must be filled up.
76. Executive Health Officer to be the Consulting Officer of Health under Bombay Act VI
of 1867.

Education officer.

76A. Appointment of Education Officer.

Appointment of Medical Officers in connection with

measures of public medical relief.

76B. Corporation to appoint qualified Medical Practioners to the charge of hospitals

maintained by the Corporation.

Municipal Secretary.

77. Appointment of Municipal Secretary.

78. Appointment of clerks and servants subordinate to the Municipal Secretary.
Control, etc., of the said clerks and servants.

Municipal Chief Auditor.

78A. Appointment of Municipal Chief Auditor.

78B. Appointment, salaries, fees, allowances and duties of Assistant Auditors, Clerks and
servants subordinate to the Municipal Chief auditor.
Control, etc., of the said assistant auditors, clerks and servants.
Municipal Chief Accountant.
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(viii) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS.

78C. Appointment of Municipal Chief Accountant (Finance).

78D. Appointment of Municipal Chief Accountant (Water Supply and Sewerage).
78E. Appointment of Municipal Chief Accountant (Treasury).
78F. Power of State Government to notify posts to be filled in by deputation.

Other Officers and Servants.

79. Schedule of other officers and servants to be prepared by the Commissioner and
sanctioned by the Standing Committee or the Education Committee.
80. Restriction of employment of permanent officers and servants.
80A. Power of appointment in whom to vest.
80B. Manner of making appointment.

Leave of Absence, Acting Appointments, etc.

81. Standing Committee to frame regulations for grant of leave, etc.

Such regulations to be subject to confirmation by the Corporation, and, if made
under clause (f) by State Government.
82. [Repealed].
83. Power of suspending, reducing, removing or dismissing and imposing other penalties
in whom to vest.
84. Leave of absence by whom to be granted.
84A. Saving in respect of officers and servants appointed under Chapter XVI-A.
85. Acting appointments.
85A. Temporary appointments.

Disqualifications of Municipal Officers and Servants.

86. Municipal officer or servant not to be interested in any contract with the Corporation.
86A. Sanction for prosecution of officers and servants of Corporation.

CHAPTER IV-A
86A. Disclosure of specified information.

CHAPTER V

MUNICIPAL PROPERTY AND LIABILITIES.

Acquisition of Property.

87. Powers of Corporation as to acquisition of property.

88. Transfer to the Corporation of the property of the Municipal Corporation.
89. Conditions affecting the vesting of the Vehar water-work in the Corporation.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (ix)

SECTIONS.

89A. Lands and Buildings specified in Schedule V to vest in Government.

89B. [Deleted.]
89C. The Victoria and Albert Museum renamed as Dr. Bhau Daji Lad Museum and the site
thereof to vest in the Corporation.
89D. Central Vaccine Depot at Parel to vest in the Corporation.
89E. All buildings used for primary education and the sites thereof to vest in the Corporation.
89F. Corporation to repay to State Government the amount of grant made for purposes of
primary education in respect of certain buildings or sites if used for other purposes.
90. Acquisition of immovable property by agreement.
91. Procedure when immovable property cannot be acquired by
agreement.
91A. Transfer of property to the Corporation.
91AA. Power to grant lease of Plot No. 3, the Co-operage Plot, or part thereof.
91 AAA. Power to lease part of Plot No. 4 (b) the Marine Lines Maidan, for certain purposes.
91B. Vesting of property in Government on the termination of lease granted by the
Corporation.
91C. Power to apply certain lands vested in the Corporation to the purpose of any scheme
under this Act.
91D. Property of abolished Municipalities and Local Authorities vesting in Corporation.
91DA. Property of abolished Municipalities and Local Authorities in extended suburbs vesting
in Corporation.
91E. Decision of claims to property by or against the Corporation in the suburbs and the
extended suburbs.
91F. Requisitioning of premises, vehicles, etc. for elections.
91G. Payment of compensation.
91H. Power to obtain information.
91I. Eviction from requisitioned premises.
91J. Release of premises from requisition.
91K. Power to make rules.
91L. Penalty for contravention of any order regarding requisitioning.

Disposal of Property.

92. Provision governing the disposal of Municipal property.

92A. Obligation annexed to property binding on transferee.
Liabilities.

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SECTIONS.

93. Debts payable by the Corporation.

Vehar water-works debts.
The consolidated loan.
House rate and market loans of 1867-68.
New drainage loan of 1878.
Sanitary works’ loans of 1885, 1886 and 1888.
Tansa water-works’ loan.
Drainage and water-works’ loan of 1888.
Repayment of Moneys due to the Government.
94. Vehar water-works' debt repayable in monthly instalments.
95. Period of repayment of consolidated loan.
Mode of repayment.
96. Payments to whom to be made.
Notice of payments to be published.
97. In case of non-payment report to be made to the Chief Secretary to State Government.
98. Arrears may be recovered by detention of moneys due to the Corporation or by
attachment of the municipal fund, etc.
99. Attachment not to defeat prior charge legally made.
100. Reversion of Vehar water-works to the Government in case of default in payment of
any instalment of the debt due on their account.
101. Other rights, remedies of the Government not to be affected.
102. Method of appropriating payments on account of the Vehar water-works.
103. Method of appropriating payments on account of the consolidated loan.
Repayment of House-rate and Market Loans of 1867-68.
104. Sinking fund for house-rate and market loans to be maintained.
Publication of Annual Account of Balances due on Loans.
105. Account of balances due on loans to be published by the Commissioner yearly.

CHAPTER V-A
POWER TO EVICT PERSONS FROM CORPORATION PREMISES
105 A. Definitions.
105B. Power to evict person from Corporation premises.
105C. Power to recover rent or damages as arrears of property taxes.
105D. Rent to be recovered by deduction from salary or wages in case of Corporation employees.
105E. Commissioner to have powers of civil court.
105F. Appeals.
105G. Finality of orders.
105H. Power to make regulations.
CHAPTER VI
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (xi)

SECTIONS.

BORROWING POWERS

106. Power to borrow from Central or State Government or other persons.

106A. Restriction of utilisation of funds created by Corporation.

107. Provisions applicable to any new loan contracted with Central or State Government.

108. Mortgage of taxes or immovable property.

109. Provisions as to exercise of borrowing powers.

109A. Investment of sinking fund and surplus moneys in debentures issued by the
Corporation.

109AA. Annual examinations of sinking funds.

109B. Corporation may take advance from banks and grant mortgage.

109C. Corporation to have power to borrow from banks against Government Promissory Notes
or Securities.

110. Form of security.

110A. Issue of duplicate securities.

110AA. Renewal of debentures.

110AB. Renewal of debentures in case of dispute as to title.

110AC. Liability in respect of debenture renewed.

110AD. Discharge in certain cases.

110AE. Indemnity.

110B. Right of survivors of joint payees of securities.

110C. Power of one or two or more joint holders to grant receipts.

110D. Debentures issued under Bombay Acts IV of 1898 and XVI of 1925.

110DD. Issue of stock certificates.

110E. Provisions for loans, etc. raised by the Board of Trustees under Bombay Act IV of 1898
and Bombay Act XVI of 1925.

110F. Procedure in event of default by Corporation in payment of interest or investment of

sinking fund charges.

110G. Procedure in case of default by Commissioner.

110H. Certain sums to be a charge upon the property of the Corporation.

CHAPTER VII

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 L 1 H 4094
(xii) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS.

REVENUE AND EXPENDITURE

The Municipal Fund

111. Constitution of the municipal fund.

111A. Annual grant by State Government from proceeds of entertainments duty.
112. Commissioner to receive payments on account of the municipal fund and to lodge them
in a bank.
113. How the fund shall be drawn against.
114. Deposit of portion of the municipal fund may be made with bank or agency out of Mumbai
when convenient.
115. Only sums covered by budget-grant to be expended from the municipal fund.
Exceptions.
116. Drafts on the municipal fund to be checked by Officers of the Corporation.
117. Procedure when money not covered by a Budget-Grant is expended under clause (e),
(f), (g) or (h) of section 115.
118. Purpose for which the municipal fund is to be applied.
118A. Municipal fund where to be expended.
119. Temporary payments from the municipal fund for works urgently required for public
service.

Special funds

119A. Constitution of the Consolidated Water Supply and Sewerage Disposal Loan Fund.
119B. Constitution of the Water and Sewerage Fund.
120. Constitution of Fines Fund.
120A. Constitution of Welfare Fund.
121. Special funds may be created with the approval of the Corporation.

Disposal of Balances

122. Investments of surplus money.

Accounts

123. Accounts to be kept in forms prescribed by Standing Committee.

123A. Separate proforma accounts to be kept by the Commissioner.
123B. [Deleted.]
123BB. [Deleted.]
123C. Accounts in respect of primary education.
124. Preparation of annual administration report and statement of accounts.
Annual Budget Estimate
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (xiii)

SECTIONS.

125. Estimates of expenditure and income to be prepared by the Commissioner.

125A. Classification of budget heads.

126. Budget estimates to be prepared by the Commissioner.

126A. Estimates of expenditure and income of the Brihan Mumbai Electric Supply and
Transport Undertaking to be prepared annually by General Manager.

126B. Budget estimate to be prepared by Brihan Mumbai Electric Supply and Transport
Committee.

126C. Estimates of expenditure and receipts of primary education.

126D: Budget Estimate “ E ” to be prepared by Education Committee.

126E. Estimate of expenditure and receipts for the purposes of Chapters IX and X.

126F. Budget Estimate “ G ” to be prepared by Standing Committee.

126G. Report on services provided in a subsidised manner.

127. Consideration of Budget estimates by Corporation.

128. Fixing rates of municipal taxes and of fares and charges of Brihan Mumbai Electric
Supply and Transport Undertaking.

129. Final adoption of budget estimates.

130. Budget grant defined.

131. Corporation may increase amount of budget grants and make additional grants.

132. Rules as to unexpended budget grants.

133. Reductions and transfer.

134. Re-adjustment of income and expenditure to be made by the Corporation during course
of official year whenever necessary.

Scrutiny and Audit of Accounts.

135. Monthly scrutiny of accounts by municipal chief auditor and scrutiny of account by the
Standing Committee.

136. Duties and powers of the municipal chief auditor.

137. Report by the municipal chief auditor.

137A. Application of sections 135, 136 and 137 to accounts of the Brihan Mumbai Electric
Supply and Transport Fund.

138. A special audit may be directed by State Government.

CHAPTER VIII

MUNICIPAL TAXATION.
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(xiv) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS.

Municipal Taxes defined.

139. Taxes to be imposed under this Act.

PROPERTY TAXES.

Property taxes leviable on rateable value or capital value.

139A. Property taxes what to consist.

140. Property taxes of what to consist and at what rate leviable on rateable value or,
capital value, as the case may be, and at what rate.
140A. Property taxes to be levied on capital value and the rate thereof.
141. Water-taxes on what premises to be levied.
142. Sewerage taxes on what premises to be levied.
143. General tax on what premises to be levied.
144. Payment to be made to the Corporation in lieu of the general tax by the Central
Government or the State Government, as the case may be.
144A. Concession in payment of property tax.
144B. Temporary provision for levy of property tax at reduced rate in respect of certain
buildings.
144C. Temporary provision for levy of property tax at reduced rate in respect of buildings or
tenements constructed for economically weaker sections of society by certain
institutions.
144D. Levy of property tax at reduced rate in respect of buildings and lands of Special
Development Projects.
144E. Levy of property tax at reduced rates in respect of buildings and lands of Special
Development Projects.
145. Amendment of section 36, Bombay Act IV of 1879.

Liability for Property-taxes.

146. Primary responsibility for property-taxes on whom to rest.

147. Apportionment of responsibility for property-tax when the premises assessed,
are let or sub-let.
148. Person primarily liable for property-tax entitled to credit, if he is a rent payer.

Notice of transfer etc. of premises

assessable to property-taxes.

149. Notice to be given to the Commissioner of all transfers of title of persons primarily
liable to payment of property-tax.
150. Form of notice.
151. Liability for payment of property-taxes to continue in the absence of any notice of transfer.
152. Notice to be given to the Commissioner of the erection of a new building, etc.
152A. Levy of penalty on unlawful building.
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1888 : Bom. III] Mumbai Municipal Corporation Act (xv)

SECTIONS.

153. Notice to be given to the Commissioner of demolition or removal of a building.

Valuation of property assessable to property-taxes.

154. Rateable value or capital value how to be determined.

154A. Provisional fixation of capital value in certain cases.
155. Commissioner may call for information or returns from owner or occupier or enter and
inspect assessable premises.

Assessment-book.

156. Assessment-book what to contain.

157. The assessment-book to be made separately for each ward and in parts, if necessary.
158. Treatment of property which is let to two or more persons in separate occupancies.
[Deleted.]
159. Person primarily liable for property-taxes how to be designated, if his name cannot be
ascertained.
Occupier liable for property-taxes until he gives information.
160. Public notice to be given when valuation of property in any ward has been completed.
161. Assessment-book to be open to inspection.
162. Time for filing complaints against valuations to be publicly announced.

Special notices to be issued in certain cases.

163. Time and manner of filing complaints against valuation.

164. Notice to complainants of day fixed for investigating their complaints.
165. Hearing of complaint.
166. Authentication of ward assessment-books when all complaints have been disposed of.
167. Assessment-book may be amended by the Commissioner during the official year.
168. New assessment-book need not be prepared every official year.

Special provisions concerning the Water and

Sewerage taxes and charges.

169. Rules for water taxes and charges.

170. Rules for sewerage taxes and charges.
171. [Deleted.]
172. Rules for water charges and sewerage taxes and charges and amendment thereof.
 L 1 H 4094
(xvi) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS

173. Water-tax, water charges, sewerage tax or sewerage charges paid by any person may
be recovered by him from the occupier of the premises for which it is paid.
173A. Owner of premises entitled to recover water charges from occupiers of tenements.
173B. Water charges paid by owners but not recovered from occupiers not to operate to diminish
annual rent for purposes of section 154.
173BA. Section 173B not to have effect.
173BB. Owner of premises entitled to recover sewerage charges from occupiers of tenements.
173C. Occupier of premises entitled to recover water, taxes and charges from owner, when
he is not bound to pay but pays them to Commissioner.

Refund of property taxes for vacancies

174. Refund of the water tax and sewerage tax when and to what extent obtainable.
175. [Deleted.]
176. Refund not claimable unless notice of vacancy is given to the Commissioner.
177. Refund of water tax inadmissible unless application for stopping water supply has been
made.
178. [Deleted.]
179. Applications for refund when and how to be made.

[Sections 180 to 191 deleted by Mah. 11 of 2002.]

Tax on Dogs
191A. Tax on dogs.
191B. Licence and number ticket for dogs.
191BA. Control and other provisions as to dogs.
191BB. Exemption of dogs kept by certain Consular Officers.
191C. Protection of persons acting in good faith.
191D. Certain sections not to apply.

Theatre Tax

Tax on cinemas, theatres, circuses, carnivals and

other performances or shows.

191E. Theatre tax.

191F. Liability to pay theatre tax.
191G. Register of persons liable to pay theatre tax.
191H. Returns by persons liable to pay theatre tax.
191I. Power of inspection.
191J. Notice of demand.
191K. Rules governing theatre tax.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (xvii)

SECTIONS

Octroi

192. Octroi on what articles and at what rates leviable.

193. Table of rates of octroi to be affixed on certain places.
194. Exemption of articles belonging to the Government from Octroi.
Refund of octroi on articles which become the property of the Government after
importation.
194-1 A. Exemption of articles belonging to certain Consular Officer from octroi.
194A. Exemption of articles imported for immediate exportation.
195. Refund of octroi on export.
195- 1A. Exemption of gifts, etc., from octroi.
195-1B. General rules regarding octroi.
195A. [Deleted.]
195B. [Deleted.]
195C. Accounts to be kept; exercise by corporation of option to take over arbitration.
195D. Definition of loan.

Education Cess

195E. Levy of education cess.

195F. Payment to be made to Corporation in lieu of education cess by State Government.

Street Tax

195G. Street tax.

Supplementary Taxation

196. Any tax imposable under this Act may be increased by way of imposing supplementary
taxation.

Collection of Taxes

197. Property-taxes payable half-yearly in advance.

198. [Deleted.]
199. Octroi payable on demand.
200. Service of bills for certain taxes.
200A. Rebate in respect of advance payment of tax.
201. When one bill may be served for several claims.
202. Levy of penalty on unpaid amount of bill.
203. Distress and attachment.
204. Goods of defaulter may be distrained wherever found.
205. Inventory and notice of distress and sale.
206. Sale.
207. Fees for warrants, distraints and attachments and maintenance of animals seized.

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SECTIONS

207A. [Deleted.]
208. Fees for cost of recovery and penalty may be remitted.
208A. [Deleted.]
209. When occupiers may be held liable for payment of property taxes.
209A. When tenant-members may be held liable for payment of property taxes due from
Co-operative Housing Societies.
209B. When joint owners of property may be held liable severally for payment of property tax
due from them.
210. Summary proceedings may be taken against persons about to leave Brihan Mumbai.
211. Defaulters may be sued for arrears, if necessary.
212. Property-taxes to be a first charge on premises on which they are assessed.
213. Collection of octroi how to be effected.
214. [Deleted.]
215. [Deleted.]
216. Writing-off of irrecoverable taxes.
216A. Special provision for facility for payment of property taxes.
216A. Power of Corporation to grant rebate for payment of arrears of tax.
216B. Power to assess in case of escape from assessment.
Appeals against Valuations and Taxes.
217. Appeals when and to whom to lie.
218. Cause of complaint when to be deemed to have accrued.
218A. Arbitration.
218B. Appointment of expert valuer.
218BA. Section 218B not to have effect.
218C. Reference to High Court.
218D. Appeals.
218E. Cost of proceedings in appeal.
219. Unappealed values and taxes and decisions on appeal to be final.
219A. Assessment subject to valuation or revision by Municipal Property Tax Board.
219AB. Certain provisions to have overriding effect.

CHAPTER IX
DRAINS AND DRAINAGE WORKS
Municipal Drains
220. Municipal drains to be under the control of the Commissioner.
220A. Vesting of water-courses.
221. Drains to be constructed and kept in repair by the Commissioner.
222. Powers for making drains.
223. Buildings, etc., not to be erected without permission over drains.
224. Alteration and discontinuance of drains.
225. Cleansing drains.
226. Powers of Commissioner to dig, construct and maintain tunnels below any land and
to undertake related works for carrying sewage or storm water.
226A. Provision for payment of amount for any damage sustained by reason of powers to
construct tunnels, etc. under last preceding section.
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SECTIONS

Drains of Private Streets and Drainage of Premises

227. Power to connect drains of private streets with municipal drains.
228. Power of owners and occupiers of premises to drain into municipal drains.
229. Connections with municipal drains not to be made except in conformity with
section 227 or 228.
229A. Buildings, etc., not to be erected without permission over any drains.
230. Right of owners and occupiers of premises to carry drains through land belonging to
other persons.
230A. Owner of land to allow others to carry drains through the land.
231. Commissioner may enforce drainage of undrained premises situate within a hundred
feet of a municipal drain.
232. Commissioner may enforce drainage of undrained premises not situate within a hundred
feet of a municipal drain.
232A. Power of Commissioner to drain premises in combination.
233. Commissioner may close or limit the use of existing private drains.
233A. Vesting and maintenance of drains for sole use of properties.
234. New building not to be erected without drains.
235. Excrementitious matter not to be passed into cesspool.
236. Obligation of owners of drains to allow use thereof or joint ownership therein to others.
237. How right of use or joint ownership of a drain may be obtained by a person other than
the owner.
238. Commissioner may authorise person other than the owner of a drain to use the same or
declare him to be a joint owner thereof.
239. Sewage and rain-water drains to be distinct.
240. Drains not to pass beneath buildings.
241. Position of cesspools.
242. Right to corporation to drains, etc. constructed, etc., at charge of municipal fund on
premises not belonging to the corporation.
243. All drains and cesspools to be properly covered and ventilated.
244. Affixing of pipes for ventilation of drains, etc.
Disposal of Sewerage
245. Appointment of places for emptying to drains and disposal of sewerage.
246. Provision of means for disposal of sewerage.
Water-closets, Privies, Urinals, etc.
246A. Construction of water-closets and privies.
247. Water-closets and other accommodation in buildings newly erected or re-erected.
248. Where there is no such accommodation or the accommodation is insufficient or
objectionable.
249. Power to require privy accommodation to be provided for factories, etc.
249A. Power of Commissioner as to unhealthy privies.
250. Provisions as to privies.
251. Provisions as to water-closets.

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SECTIONS

251A. Position of privies and water-closets.

251B. Use of place for bathing or washing clothes or domestic utensils.
252. Public necessaries.
252A. Obligation of Corporation to partake common facility.

Inspection

253. Drains, etc., not belonging to the corporation to be subject to inspection and examination.
254. Power to open ground, etc., for purposes of such inspection and examination.
255. When the expenses of inspection and examination are to be paid by the Commissioner.
256. When the expenses of inspection and examination are to be paid by the owner.
257. Commissioner may require repairs, etc., to be made.
257A. Cost of inspection and execution of work in certain cases.

General Provisions

258. Prohibition of acts contravening the provisions of this Chapter or done without sanction.
259. When materials and work, may be supplied and done under this Chapter for any person
by the Commissioner.
259A. Work to be done by licensed plumber ; permission to use as drain.
260. Commissioner may execute certain works under this Chapter without allowing option
to person concerned of excuting the same.
Expenses in such cases by whom to be paid.

CHAPTER X

WATER-SUPPLY

Construction and Maintenance of Municipal Water-Works

260A. Definitions.
261. General powers for supplying the city with water.
262. Municipal water-works to be managed and kept in repair by the Commissioner.
263. Power of access to municipal water-works.
264. Inspection of municipal water-works by persons appointed by State Government.
265. Power of carrying water-mains and constructing tunnels, etc.
266. Fire-hydrants to be provided.
267. Prohibition of building and other acts which would injure sources of water-supply.
268. Buildings, etc., not to be erected over municipal water-main without permission.

Public Gratuitous Water Supply

269. Vesting of public drinking fountains, etc., in the corporation.

270. Public drinking fountains, etc., may be set a part for particular purposes.
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SECTIONS

Private Water Supply

270A. Premises not to be occupied without Commissioner’s certificate in respect of adequate
water-supply.
271. Application for private water-supply from whom to be received.
Commissioner may in certain cases require owners to obtain private water-supply.
272. Making and renewing connection with municipal water-works.
273. Commissioner may take charge of private connections.
273A. Power of Commissioner to alter position of connections.
274. Provisions as to cisterns and other fittings, etc., to be used for connections with water-
works.
274A. Provision for keeping cisterns locked.
275. Communication-pipes, etc., to be kept in efficient repair by owner or occupier of
premises.
276. Provision of meters when water is supplied by measurement.
277. Register of meter to be evidence.
Inspection
278. Commissioner, etc., may inspect premises in order to examine meter, communication-
pipes, etc.
Cutting off private water-supply.
279. Power to cut off private water-supply or to turn off water.
280. Conditions as to use of water not to be contravened.
280A. Powers of Commissioner to carry private mains through land belonging to other persons.
280B. Recovery of expenses of laying water pipes.
281. Water-pipes, etc., not to be placed where water will be polluted.
282. Prohibition of fraudulent and unauthorised use of water.
283. Prohibition of fraud in respect of meters.
General provisions.
284. Prohibition of wilful or neglectful acts relating to water-works.
285. Compensation to be payable by offenders against section 283 or 284.
286. What persons to be liable for offences under certain provisions of this Chapter.
287. When materials and works may be supplied and done under this Chapter for any person
by the Commissioner.
287A. Commissioner may execute works under this Chapter without allowing option to
persons concerned of executing the same.
287B. Works under Chapter X to be done by licensed plumber.
288. Power to suply water without Brihan Mumbai.

CHAPTER XI
REGULATION OF STREETS.
Construction, Maintenance and Improvement of Public Streets.
289. Vesting of public streets in the corporation.
Powers of Commissioner in respect of public streets.
290. Disposal of land forming site of closed streets.
291. Power to make new public streets.
292. Saving of provisions of sections 37 and 38 of Bom. Act VI of 1879.
293. [Deleted.]
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294. Minimum width of new public streets.

295. Power to construct or adopt public bridges, etc., over or under railways, etc.
296. Power to acquire premises for improvement of public street.
Preservation of Regular Line in Public Streets.
297. Prescribing the regular line of a street.
298. Setting back buildings to regular line of the street.
299. Acquisition of open land or of land occupied by platforms, etc., within the regular line
of a street.
300. Setting forward of buildings to regular line of the street.
301. Compensation to be paid in cases under the three last sections.
Provisions concerning private streets.
302. Notice to be given to Commissioner of intention to lay out lands for building and for
private street.
302A. Commissioner may call for further particulars.
302B. Commissioner may require plans to be prepared by licensed surveyor.
303. Laying out of land, private streets and buildings to be determined by Commissioner.
304. Land not to be appropriated for building and private streets not to be laid out until
expiration of notice nor otherwise than in accordance with Commissioner’s directions.
305. Levelling and draining of private streets.
306. Power to declare private streets, when sewered, etc., public streets.
307. Applicability of sections 305 and 306 when a street is in part public and in part private.
Projections and Obstructions.
308. Prohibition of projections upon streets, etc.
Power to require removal of the same.
309. Power to require removal or alteration of structures, etc., in suburbs and extended
suburbs.
310. Projections over streets may be permitted in certain cases.
311. Ground-floor doors, etc., not to open outwards on streets.
312. Prohibition of structures or fixtures which cause obstruction in streets.
313. Prohibitions of deposit, etc., of things in streets.
313A. Licence for sale in public places.
313B. Licences for use of skill in handicrafts or rendering services for purposes of gain in
public place or street.
314. Power to remove without notice anything erected, deposited or hawked in contravention
of section 312, 313 or 313A.
315. Power to require removal of any structure or fixture erected or set up before section
312 came into force.
316. Prohibition of the tethering of animals in the public streets.
Temporary Erections on Streets during Festivals.
317. Commissioner may permit booths, etc., to be erected on streets on festivals.
Povisions concerning execution of works in or near to Streets.
318. Street when broken up for any municipal purpose to be restored without delay.
319. Commissioner may close street in which work is in progress.
320. Commissioner to provide for traffic, etc., pending execution of municipal work in any
street.
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SECTIONS

321. Precautions to be taken for the public safety whilst municipal works are in progress in
any street.
322. Streets not to be opened or broken up and building materials not to be deposited thereon
without permission.
323. Precautions for public safety to be taken by persons to whom permission is granted
under section 322.
324. Persons to whom permission is granted under section 322 must reinstate streets, etc.
325. Provisions to be made by persons to whom permission is granted under section 322 for
traffic, etc., when their works interrupt streets.
326. Hoards to be set up during work on any building adjecent to a street.
326A. Provision for parking or halting places or lots and fees or charges therefor.
326B. Power of Commissioner to introduce traffic demand measures.
Naming of streets, etc.
327. Naming streets and numbering of premises.
Sky-signs and Advertisements.
328. Regulation as to sky-signs.
328A. Regulation and control of advertisements.
Dangerous places.
329. Commissioner to take proceedings for repairing or enclosing dagerous places.
Lighting of streets.
330. Public streets to be lighted.
331. Prohibition of removal, etc., of lamps.
332. Persons accidentally breaking lamp to repair the damage.
333. Manner of laying gas-pipes.
334. Situation of gas-pipes, etc., may be altered by Commissioner.
335. Buildings, etc., not to be erected without permission over municipal gas-pipes.
Watering of streets.
336. Measures for watering.

CHAPTER XII
BUILDING REGULATION
Notices regarding erection of buildings.
337. Notice to be given to Commissioner of intention to erect a building.
338. Commissioner may require plans and other documents to be furnished.
339. Commissioner may require plans, etc., submitted under last preceding section, to be
prepared by a licensed surveyor.
340. Additional information and the attendance of the person who gave the notice may be
required.
341. Effect of non-compliance with requisition under section 338 or 340.
Notices regarding execution of works not amounting
to the erection of a building.
342. Notice to be given to the Commissioner of intention to make additions, etc., to, or change
of user of, a building.
343. Plans and additional information may be called for.
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SECTIONS

Forms of notices.
344. Printed forms of notices to be supplied to the public.
Commencement of work
344A. Supervision of building and works.
345. When building or work may be proceeded with.
346. Building or work which is disapproved by the Commissioner may be proceeded with,
subject to terms.
347. When work may be commenced.
347A. Building not to be converted to other purposes without the permission of the
Commissioner.
347B. Building for human habitation not to be used as godown, etc.
347C. No alteration to be made in buildings for human habitation without written permission
of Commissioner.
Provisions as to Structure, Materials, etc.
348. Provisions as to building which are to be newly erected.
349. Roofs and external walls of buildings not to be of inflamable materials.
349A. Maximum height of buildings.
349B. Height of buildings with reference to width of streets.
Provision in case of set-back.
349C. Frame-buildings.
349D. Provision of sufficient means of egress.
349E. Special conditions with respect to erection or re-erection of buildings, maximum heights
of buildings, etc., in suburbs and extended suburbs.
Inspection.
350. Inspection of building in course of erection, alteration, etc.
351. Proceeding to be taken in respect of building or work commenced contrary to section
347.
352. Building or works commenced contrary to section 347 may be cut into and laid open for
purposes of inspection.
352A. Conferment temporarily of summary powers for demolition on the Designated Officer.
353. Enforcement of provisions concerning building and work.
353A. Completion certificates, permission to occupy or use.
353B. Structural Stability Certificate.
Dangerous structures.
354. Removal of structures, etc., which are in ruins or likely to fall.
Works unlawfully carried on.
354A. Power of Designated Officer to stop erection of building or work commenced or carried
on unlawfully.
Regulation of Certain Classes of buildings in particular localities.
354AA. Power to regulate future construction of certain classes of buildings in particular streets
or localities.
354AB. Responsibility of owner or occupier to keep and maintain exterior of building in good
condition.
354AC. Power of Commissioner to make declaration of asthetic harmony.

CHAPTER XII-A
CITY IMPROVEMEMT
354B. Transfer of right, etc., of the Board to the corporation.
Improvement Schemes.
354C. Commissioner to make a draft improvement scheme.
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SECTIONS

354CC. No improvement schemes for areas for which housing schemes sanctioned under Bom.
XXVIII of 1973.
354D. Improvement Committee to consider and approve draft scheme submitted by
Commissioner.
354E. Particulars to be provided for in an improvement scheme.
354F. Considerations which shall prevail in making the scheme.
354G. Procedure on completion of the scheme.
354H. Right of owner to demand acquisition on issue of notification when building operations
are in progress.
354I. Right of owner to demand acquisition or withdrawal by the corporation after the lapse
of two years from the date of notification.
354J. Improvements Committee after publication and service of notices to forward the scheme
to the corporation for approval.
354K. Corporation to consider the improvement scheme and to approve or disapprove.
354L. Commissioner to apply to State Government for sanction to the scheme.
354M. On receipt of sanction declaration to be published giving particulars of land to be
acquired and on publication of such declaration the Commissioner to be authorised to
execute the scheme.
354N. If the corporation fail to acquire the land, owner may call upon Corporation to acquire
it or to withdraw from the proposal.
Police Accommodation Schemes
354O. The Corporation to have power to make a police accommodation scheme.
354P. Procedure on completion of a scheme.
354Q. Vesting of land in corporation.
Clearance areas
354R. Power to declare an area to be a clearance area.
354RA. Clearance orders.
354RB. Acquisition of land surrounded by or adjoining a clearance area.
354RC. Provisions with respect to property belonging to the corporation within, surrounded
by or adjoining a clearance area.
354RD. Acquisition of land in a clearance area.
354RE. Treatment of a clearance area.
354RF. Arrangements where acquisition of land in a clearance area found to be unnecessary.
354RG. Power to acquire cleared land which owners have failed to redevelop.
354RH. Power of Court to determine lease where premises demolished.
Re-development areas
354RI. Power to declare an area to be a re-development area.
354RJ. Re-development plan.
354RK. Acquisition of land for purposes of re-development,
General provisions as to land purchased for clearance or re-development.
354RL. Extinguishment of ways, easements etc., over land acquired under sections 354RD,
354RG and 354RK.
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SECTIONS

Provision of housing accommodation for the poorer classes.

354RM. Mode of provision of accommodation.

354RN. Power of Commissioner to acquire land for housing accommodation.
354RO. Mode of acquisition of land for housing accommodation.
354RP. Power of dealing with land acquired or appropriated for provision of housing
accommodation.
354RQ. Supplementary power in connection with provision of accommodation.

Land Acquisition

354S. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than
by agreement.
354SA. Determination by a special Tribunal in certain cases.
354T. Special provisions as to compensation.
354U. Collector to take possession after making an award and transfer land to corporation

Levy of betterment charges

354UA. Condition for levying betterment charge in clearance and re-development areas.
354UB. Method of calculating charge.
354UC. Procedure for determining charge.
354V. [Deleted.]

Building Loans

354W. Power to grant loans for building purposes.

354WA. Power of Commissioner to make advances for the purposes of increasing housing
accommodation.
354WB. Power of Commissioner to promote and assist housing associations.
354WBB Power of Commissioner to grant loans to municipal officers and servants for houses.
Provisions relating to lands comprised in Schedules W, Y and Z
354WC Compensation to corporation on resumption of certain land.
354X. Payment to be made by State Government.

CHAPTER XIII

LICENSING OF SURVEYORS AND PLUMBERS

355. Grant of licences to surveyors and plumbers.

356. Regulations may be prescribed for guidance of licences to surveyors and plumbers.
357. Fees and charges of licensed plumbers to be prescribed by the Standing Committee.
358. Licensed plumber to be bound to execute work properly.
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SECTIONS

CHAPTER XIV
MUNICIPAL FIRE-BRIGADE
359. Maintenance of firemen and of necessary fire-engines, etc.
360. Power to make regulation for fire-brigade.
361. Powers of chief officer of fire-brigade at a fire.
362. Police and municipal officers and servants to aid the fire-brigade.
363. Damages done by fire-brigade to be deemed damaged by fire.
364. Reports of fires to be submitted.

CHAPTER XV
SANITARY PROVISIONS.
Scavenging and Cleansing
365. Commissioner to provide for cleansing of streets and removal of refuse.
366. Refuse, etc., to be the property of the Corporation.
367. Provision and appointment of receptacles, depots and places for refuse, etc.
368. Duty of owners and occupiers to collect and deposit dust, etc.
369. Provision may be made by Commissioner for collection, etc., of excrementitious and
polluted matter.
370. Collection and removal of excermentitious and polluted matter when to be provided
for by occupiers.
371. Halalkhor’s duties in certain cases may not be discharged by private individuals without
the Commissioner’s permission.
372. Prohibition of—
failure to remove refuse, etc., when bound to do so ;
removal of refuse, etc., contrary to orders or without proper precautions ;
failure to clear away any refuse, etc., which drops during removal;
leaving filth carts, etc., unnecessarily in the streets ;
throwing or placing refuse, etc., in any place not assigned for the purpose ;
allowing filthy matter to flow or soak from any premises and keeping anything thereupon
so as to create a nuisance.
373. Presumptions as to offender under clause (e) of section 372.
Inspection and sanitary regulation of premises
374. Power to inspect premises for sanitary purpose.
375. Cleansing and lime washing of any building may be required.
375A. Removal of building materials from any premises may be required.
376. Abandoned or unoccupied premises.
377. Neglected premises.
Neglected private streets.
377A. Nuisance arising from defective roof.
378. Buildings or rooms in buildings unfit for human habitation.
378A. Power to require repair of insanitary buildings.
378B. Power to order demolition of insanitary building.

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SECTIONS

378C. Procedure where demolition order made.

378D. Regulations to determine the fitness of a building.
378E. Power to order demolition of obstructive building.
378F. Effect of order for demolition of obstructive building.
378G. Compensation for acquiring obstructive building recoverable in certain cases as
improvement expenses.
378H. Appeal against demolition orders.
378I. Prohibition of back-to-back buildings.
379. Power of Commissioner to call for statement of accommodation.
379A. Overcrowded dwellings.
380. Insanitary huts and sheds.
381. Filling in of pools, etc., which are a nuisance.
381A. Permissions for new well, etc.
381B. Prohibition of mosquito breeding in collection of water on any land.
382. Dangerous quarrying may be stopped.
383. Removal and trimming of trees, shrubs and hedges.
Keeping and Destruction of Animals and Disposal of Carcasses.
384. Prohibition as to keeping animals.
384A. Stabling animals or storing grain in dwelling houses may be prohibited.
385. Removal of carcasses of dead animals.
Regulation of public bathing, washing etc.
386. Places for public bathing, etc., to be fixed by the Commissioner.
387. Regulation of use of public bathing places, etc.
388. Prohibition of bathing, etc., contrary to order or regulation.
389. Prohibition of corruption of water by steeping therein animal or other matter, etc.
Regulation of Factories, Trades, etc.
390. Factory, etc., not to be newly established without permission of the Commissioner.
391. Furnaces used in trade or manufacture to consume their own smoke.
392. Sanitary regulation of factories, etc.
393. Prohibition of use of steam-whistle or steam-trumpet without permission of the
Commissioner.
394. Certain articles or animals not to be kept and certain trades, processes and operations
not to be carried on, without a licence ; and things liable to be seized, destroyed, etc., to
prevent danger or nuisance.
394A. Power to prohibit the keeping of certain articles of dangerous character in certain
premises or areas.
395. Prohibition of corruption of water by chemicals, etc.
396. Power of inspection, etc., of premises where licensable articles are kept or trade, process
or operation carried on or where prohibited articles are kept.
397. Regulation of washing of clothes by washermen ;
Washing places to be provided by the Commissioner for washermen.
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SECTIONS

Maintenance and Regulation of Markets and Slaughter-houses.

398. What to be deemed municipal markets and slaughter-houses.

399. Provisions of new municipal markets and slaughter-houses.
400. Municipal markets and slaughter-houses may be closed.
401. Prohibition of sale in a municipal market without licence of Commissioner.
402. Opening of new private markets.
403. Private markets not to be kept or permitted to be kept open and no place to be used or
permitted to be used as slaughter-houses, without licence.
404. Prohibition of sale in unauthorised private markets.
405. Provision for requiring private market building and slaugter-houses to be properly
paved and drained.
406. Regulations to be framed for markets and slaughter-houses.
407. Levy of stallages, rents and fees in municipal markets and slaughter-houses.
407A. Removal of live cattle, sheep, goats or swine, from any municipal slaughter-house,
market or premises.
408. Regulations and table of stallage-rents to be posted up in markets and slaughter-houses.
409. Power to expel persons contravening by-laws or regulations.

Sale or Supply of articles of food outside of markets.

410. Prohibition of sale or supply of animals, etc., except in a market.

Licensing of butchers, etc.

411. Butchers and persons who sell or supply the flesh of animals to be licensed.
412. Prohibition of import of cattle, etc., into Brihan Mumbai without permission.
412A. Licence required for dealing in milk, etc.

Inspection of place of sales, etc.

413. Commissioner may enter and places where slaughter of animals or sale of flesh contrary
to the provisions of this Act is suspected.
414. Commissioner to provide for inspection of articles exposed for sale for human food.
415. Unwholesome articles, etc., to be seized.
416. Disposal of perishable articles seized under section 415.
417. Disposal of animals and articles of a non-perishable nature seized under section 415.
417A. [Deleted.]
417B. Penalty for possessing food which appears to be diseased, unsound or unwholesome or
unfit for human food.
417C. Application for summons to be refused if not applied for within reasonable time.
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SECTIONS

Weights and Measures.

418. [Deleted.]
419. [Deleted.]
420. [Deleted.]

Prevention of spread of dangerous diseases.

421. Information to be given of existence of dangerous disease or continuous pyrexia of

unknown origin.
422. Any place may at any time be inspected for purpose of preventing spread of dangerous
disease.
423. Prohibition of use for drinking of water likely to cause dangerous disease.
424. Commissioner may order removal of patient to hospital.
425. Disinfection of buildings, etc.
426. Destruction of huts and sheds, when necessary.
426A. Second-hand clothing and bedding not to be brought into Brihan Mumbai without
informing Commissioner and getting them inspected.
427. Place for disinfection may be provided also for washing infected articles.
Infected articles may be destroyed.
428. Persons suffering from dangerous disease not to enter a public conveyance without
notifying the same.
429. Provision of carriages for conveyance of patients.
430. Provisions as to carriage of person suffering from dangerous disease in public
conveyances.
431. Public conveyance which has carried a person suffering from dangerous disease to be
disinfected.
432. Infected articles not to be transmitted, etc., without previous disinfection.
433. Infected building not to be let without being first disinfected.

Special sanitary measures.

434. Commissioner may take special measures on outbreak of any dangerous disease.

Disposal of the dead.

435. Places for disposal of the dead to be registered.

436. Provision of new places for disposal of the dead.
437. New places for disposal of the dead not to be opened without permission of
Commissioner.
438. State Government may direct the closing of any place for the disposal of the dead.
439. State Government may sanction the re-opening of places which have been closed for
the disposal of the dead.
440. Burials within places of worship and exhumations not to be made without the permission
of the Commissioner.
441. Acts prohibited in connection with the disposal of the dead.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (xxxi)

SECTIONS

CHAPTER XV-A.

POUNDS AND PREVENTION OF CATTLE TRESPASS.

441A. Sections 90 to 94 of Bombay Police Act to cease to apply to Brihan Mumbai.

441B. Power to establish cattle pounds and appoint pound- keepers.
441C. Impounding of cattle.
441D. Delivery of cattle claimed.
441E. Sale of cattle not claimed.
441F. Rates of pound fees and expenses to be fixed.
441G. Penalty for allowing cattle to stray in street or to trespass upon private or public
property.

CHAPTER XVI.

VITAL STATISTICS.

Registration of Births and Deaths.

442. Appointment of registrars.

443. Registrars to reside in the respective districts.
444. Register-books to be supplied.
445. Registrars to inform themselves of all births and deaths.
446. Information of birth to be given within seven days.
Saving for father of illegitimate child.
447. Information respecting finding of new-born child to be given.
448. Officers to be appointed to receive information of deaths at places for disposal of
the dead.
449. Information of death to be given at the time when the corpse of the deceased is
disposed of.
450. Medical practitioner who attended a deceased person to certify the cause of his death.
451. Preparation of register-book of deaths and of mortality returns, etc.
452. Correction of errors in registers of births or deaths.
453. Registration of name of child or of alteration of name.

Taking of census.

454. Enumeration of inhabitants.

455. Commissioner to superintend the enumeration.
456. Delivery of blank schedules and returns.
457. Obligation to fill up blank schedules and returns.
458. Occupier to amend returns, if found defective.
459. Military, naval and police officers and certain others, if required, to act as enumerators.
460. Returns of houseless persons.
 L 1 H 4094
(xxxii) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS

CHAPTER XVl-A.
THE BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING
The operation of the undertaking and the construction and maintenance of works
460A. Management of Undertaking by General Manager.
460B. Power of access to works.
460C. Power of carrying, renewing and repairing works.
460D. [Deleted.]
460E. [Deleted.]
460F. Reservation of power over streets of Bombay Gas Co. Ltd.
460G. Restriction on building and other acts interfering with works of the undertaking.
Fixing Fares and Charges.
460H. Levy of fares and charges for transport services and penalty for failure to pay proper
fares and excess charges.
460I. Levy of charges for electricity.
460J. [Deleted.]
Contracts entered into for the purposes of the undertaking.
460K. Making of contracts.
460L. Mode of executing contracts.
460M. Tenders to be invited for contracts involving expenditure exceeding rupees fifty
thousand.
460N. Security to be taken for performance of contracts.
Acquisition and disposal of property.
460O. Acquisition of immovable property by agreement.
460P. Procedure when immovable property cannot be acquired by agreement.
460Q. Provisions governing disposal of municipal property.
Officers and Servants.
460R. Schedule of permanent officers and servants to be prepared by General Manager and
sanctioned by Brihan Mumbai Electric Supply and Transport Committee.
460S. Restriction on appointment of permanent officers and servants.
460T. Creation of temporary post.
460U. Power of appointment in whom to vest.
460V. Brihan Mumbai Electric Supply and Transport Committee to frame service regulations.
460W. Power of suspending, punishing and dismissing in whom to vest.
460X. Leave of absence.
460Y. Acting appointments.
REVENUE AND EXPENDITURE.
The Brihan Mumbai Electric Supply and Transport Fund.
460Z. Constitution of Brihan Mumbai Electric Supply and Transport Fund.
460AA. General Manager to receive payments on account Brihan Mumbai Electric Supply and
Transport Fund and to lodge them in bank.
460BB How Brihan Mumbai Electric Supply and Transport Fund shall be drawn against.
460CC. Deposit of portion of Brihan Mumbai Electric Supply and Transport Fund may be made
with bank or agency out of Brihan Mumbai when convenient.
460DD. Only sums covered by budget-grant to be expended from Brihan Mumbai Electric Supply
and Transport Fund.
460EE. Drafts on Brihan Mumbai Electric Supply und Transport Fund to be checked by officer
of the Brihan Mumbai Electric Supply and Transport Committee.
460FF. Procedure when money not covered by budget-grant is expended under clause (c) or (d)
of the proviso to sub-section (1) of section 460DD.
460GG. Purposes for which the Brihan Mumbai Electric Supply and Transport Fund is to be
applied.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (xxxiii)

SECTIONS

Special Funds.
460HH. Institution of Brihan Mumbai Electric Supply and Transport Staff Benefit Fund.
460II. Other special funds.
Disposal of Balances.
460JJ. Investment of surplus moneys.
Payment out of surplus balance.
460KK. Fixed annual payment to municipal fund.
460LL. Disposal of surplus balance of revenue.
Accounts.
460MM. Accounts of the Brihan Mumbai Electric Supply and Transport Undertaking.
460NN. Preparation of annual administration report and statement of accounts.
Miscellaneous.
460OO. Power of Police to regulate traffic on streets.
460PP. Right of public to use streets on which tramway is laid.

CHAPTER XVII.
BY-LAWS.
461. By-laws for purposes other than the Brihan Mumbai Electric Supply and Transport
Undertaking.
461A. By-laws for purposes of Brihan Mumbai Electric Supply and Transport Undertaking.
462. Punishment may be imposed for breach of by-laws.
463. By-laws to be confirmed by Central or State Government as the case may be.
464. Commissioner to lay draft by-laws before the corporation for their consideration.
465. Hearing by corporation of objection to proposed by-laws.
466. Proposed by-laws to be open to public inspection.
467. By-laws to be confirmed by Central or State Government to be published in the Official
Gazette.
468. Printed copies of by-laws to be kept on sale.
469. Boards for exhibiting by-laws to be open to inspection and not to be injured.
469A. Application of sections 466, 468 and 469 to by-laws under section 461A.
470. Central or State Government, as the case may be, may repeal by-laws.

CHAPTER XVIII.
PENALTIES.
471. Certain offences punishable with fine.
472. Continuing offences.
473. Offences punishable under the Penal Code.
473A. Punishment for offences of preparing false election rolls or making false entries in
ward lists.
474. Punishment for acquiring share or interest in contract, etc., with the corporation.
:
474A. Penalty for obstructing lawful exercise of powers under Chapter V-A.
H 4094—5
 L 1 H 4094
(xxxiv) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS

475. Punishment of offences against section 267.

475A. Punishment for commencing work contrary to section 347.
475B. Punishment for failure to take action under section 351 or 354A.
475C. Compounding of certain offences.
476. Punishment of offences against section 391.
476AA. Punishment for keeping certain dangerous articles without a licence on prohibited
areas.
476AB. Punishment for forfeiture of aticles for contravention of section 394(1)(a) or 394A.
476A. Punishment or using or permitting to be used without licence any place in or without
Brihan Mumbai as slaughter-house.
476B. Punishment for importing cattle, etc., in Brihan Mumbai.
477. Extent of penal responsibility of agents and trustees of owners.
478. Punishment for offence relating to octroi.
478-1A. Penalty for evasion of octroi.
478-1AA.Compounding of offence of evasion of octroi.
478-1B. Penalty for breach of octroi rules.
478A. [Deleted].
478B. [Deleted].

CHAPTER XIX.
PROCEDURE.
Licences.
479. Licences and written permission to specify condition, etc., on which they are granted.
Fees to be chargeable.
Licences and written permissions may be revoked, etc.
When licence or witten permission is revoked, etc., grantee to be deemed to be without
a licence or written permission.
Grantees to be bound to produce licence or written permission.
Public Notice and Advertisements.
480. Public notices how to be made known.
481. Advertisements how to be made.
482. Consent, etc. of Commissioner, General Manager, etc. may be proved by written
document under his signature.
Service of notices, etc.
483. Notice, etc., by whom to be served or presented.
484. Service how to be effected on owners of premises and other persons.
485. Service on owner or occupier of premises how to be effected.
485A. Power of Commissioner to call for information as to ownership to premises.
486. The four last sections inapplicable to Magistrate’s summonses.
486A. Service of bills for taxes by post.
487. Signature on notices, etc., may be stamped.
Power of entry.
488. Commissioner, etc., may enter any premises for purposes of inspection, survey or
execution of necessary work.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (xxxv)

SECTIONS

Power of eviction.
488A. Commissioner may evict persons summarily in certain cases.

Enforcement of orders to execute works, etc.

489. Works, etc., which any person is required to execute may in certain cases be executed
by the Commissioner at such person’s cost.
490. Recovery of expenses of removals by the Commissioner under sections 314, 315, 354
and 380.

Recovery of expenses by the Commissioner and the General Manager.

491. Expenses recoverable under this Act to be payable on demand ; and if not paid on
demand, may be recovered as an arrear of property tax.
492. If the defaulter is the owner of premises in respect of which expenses are payable, the
occupier to be also liable for payment thereof.
493. Commissioner or General Manager may agree to receive payment of expenses in
instalments.
494. What expenses may be declared to be improvement expenses.
495. Improvement expenses by whom payable.
496. Proportion of improvement expenses may be deducted from rent.
497. Redemption of charge for improvement expenses.
498. Recovery of instalments due under sections 493 and 495.
499. In default of owner the occupier of any premises may execute required work and recover
expenses from the owner.
500. Limitation of liability of agent or trustee of owner.

Payment of compensation.
501. Compensation for damages may be paid by the Commissioner or General Manager.
502. Compensation to be paid by offenders against this Act for any damage caused by them.

Recovery of expenses or compensation in case of disputes.

503. In cases falling under section 491, disputes to be determined by the Chief Judge of the
Small Cause Court.
504. Amount of expenses or compensation to be determined in all cases of dispute by the
Chief Judge of the Small Cause Court.
505. Expenses or compensation awarded by Chief Judge of the Small Cause Court to be
recovered, if necessary, as if they were due under a decree of the Court.
506. Persons liable for expenses or compensation may be sued for recovery thereof.

H 4094—5a
 L 1 H 4094
(xxxvi) Mumbai Municipal Corporation Act [1888 : Bom. III

SECTIONS

Proceedings before the Chief Judge of the Small Cause Court.

507. Remedy of owner of building or land against occupier who prevents his complying with
any provisions of this Act.
508. Power to summon witnesses and compel production of documents.
509. Fees in proceedings before the Chief Judge of the Small Cause Court.
510. Exemption of poor persons from fees.
511. Repayment of half fees on settlement before hearing.
512. Authority to the Chief Judge of the Small Cause Court to delegate certain powers and
to make rules.
Proceedings before Magistrates.
513. Cognizance of offences.
513A. Appointment of Presidency Magistrates.
514. Limitation of time within which complaints of offences punishable under this Act shall
be entertained.
515. Complaint concerning nuisances.
515A. Bar of jurisdiciton.
515A. Special provision regarding fines and other punishments under this Act.
Arrest of offenders.
516. Offenders against this Act may in certain cases be arrested by police officers.
516AAA. Offences under sections 313, 313A and 313B to be cognizable and bailable.
516AA. Offences under sections 394 and 394A to be cognizable and under clause (a) (i) of sub-
section (1) of section 394 and section 394A to be non- bailable.
516A. Offence under section 403 (1) (b) or (c) to be cognizable.
516B. Offences under section 475A and 475B to be cognizable and bailable.
Legal proceedings.
517. Provisions respecting institution, etc., of civil and criminal actions and obtaining legal
advice.

CHAPTER XX.
CONTROL.
518. Power to State Government to provide for performance of duties in default of any
municipal authority.
519. Power to the State Government to enforce repair, etc., of Vehar water-works.
520. Expenses of measures enforced under sections 518 and 519 how to be recovered.
Emergency Provisions for Water.
520A. Power of State Government to issue directions to Corporation in emergency arising
out of scarcity of water.
520B. Power of State Government to suspend or rescind any resolution or order, etc., of
Corporation or other authority in certain cases.
520C. Power of State Government to issue instructions or directions.

CHAPTER XXI.
SUPPLEMENTAL PROVISIONS.
521. Councillors, etc., to be deemed to be public servants.
521A. Power of State Government to accord previous sanction.
522. Co-operation of Police.
522A. Assistance for the recovery of rent on land in the suburbs or extended suburbs.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act (xxxvii)

SECTIONS

523. Computation of time.

524. Measurement of distances.
525. Informalities and errors in assessments, etc., not to be deemed to invalidate such
assessment, etc.
526. Power to State Government to call for extracts from proceedings, etc.
527. Protection of person acting under this Act against suits.
527A. Savings in respect of certain provisions of Bombay Land Revenue Code, 1879.
528. [Deleted.]
SCHEDULE A.— ENACTMENTS REPEALED.
SCHEDULE B.— [Deleted.]
SCHEDULE C.— FORM OF DEBENTURE.
SCHEDULE D.— [Deleted.]
SCHEDULE E.— FORM OF NOTICE OF TRANSFERS TO BE GIVEN WHEN THE TRANSFER HAS BEEN EFFECTED BY
INSTRUMENT.
SCHEDULE F.— FORM OF NOTICE OF TRANSFERS TO BE GIVEN WHEN THE TRANSFER HAS TAKEN PLACE OTHER
THAN BY INSTRUMENT.

SCHEDULE G.— [Deleted.]

SCHEDULE G-1— THEATRE TAX
SCHEDULE H.— ARTICLES LIABLE TO PAYMENT OF OCTROI.
SCHEDULE H-l.—ARTICLES FREE FROM PAYMENT OF OCTROI.
SCHEDULE I.— [Deleted.]
SCHEDULE J.— FORM OF WARRANT OF DISTRESS OR ATTACHMENT.
SCHEDULE K.— FORM OF INVENTORY AND NOTICE.
SCHEDULE L.— [Deleted.]
SCHEDULE M.— ARTICLES WHICH SHALL NOT BE KEPT WITHOUT A LICENCE IN OR UPON ANY PREMISES.
SCHEDULE N.— PARTICULARS TO BE SPECIFIED IN THE REGISTER OF BIRTHS.
SCHEDULE O.— PARTICULARS TO BE SPECIFIED IN THE REGISTER OF DEATHS.
SCHEDULE P.— MEDICAL CERTIFICATE OF CAUSE OF DEATH.
SCHEDULE Q.— FORM CERTIFYING NAME GIVEN IN BAPTISM.
SCHEDULE R.— [Deleted.]
SCHEDULE S.— DRAINAGE COMPLETION CERTIFICATE.
SCHEDULE T.— BUILDING COMPLETION CERTIFICATE.
SCHEDULE U.— MEDICAL INSTITUTIONS IN BOMBAY.
 L 1 H 4094
(xxxviii) Mumbai Municipal Corporation Act [1888 : Bom. III

SCHEDULE V.— LANDS AND BUILDINGS IN THE USE AND OCCUPATION OF THE BOMBAY CITY POLICE.
SCHEDULE W.—
SCHEDULE X.— DESCRIPTION OF THE PROPERTY HELD BY THE IMPROVEMENT
SCHEDULE Y.— TRUST AND TRANSFERRED TO THE CORPORATION.
SCHEDULE Z.—
SCHEDULE ZZ.—
SCHEDULE AA.— FORM OF DEBENTURE.
SCHEDULE BB.— RULES REGULATING THE FORM OF ACCOUNTS RELATING TO IMPROVEMENT
SCHEMES, ETC., AND THE MANNER IN WHICH THEY SHALL BE KEPT.
SCHEDULE BBA.— ACCOUNTS TO BE MAINTAINED UNDER SECTION 123C.
SCHEDULE CC.— PORTIONS OF THE LAND ACQUISITION ACT, 1894, REGULATING THE
ACQUISITION OF LAND UNDER CHAPTER XII-A.
SCHEDULE DD.— SCALE OF ADDITIONAL COMPENSATION FOR COMPULSORY ACQUISITION
FOR IMPROVEMENT PURPOSES.
SCHEDULE EE.— DUTIES AND POWERS OF THE MUNICIPAL CHIEF AUDITOR.
SCHEDULE FF.— SPECIAL AND TRANSITORY PROVISIONS.
SCHEDULE FFA.— SPECIAL AND TRANSITORY PROVISIONS IN RELATION TO AREAS IN THE
EXTENDED SUBURBS.
SCHEDULE GG.— VALIDITY AND DATE OF OPERATION OF CERTAIN ORDERS.
SCHEDULE HH.— COMPULSORY ACQUISITION ORDERS.
SCHEDULE II.— CONSTITUTION AND POWERS OF COMPENSATION TRIBUNAL.
SCHEDULE JJ.— (SEE SECTIONS 398, 406 AND 461).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 1

1
BOMBAY ACT No. III OF 1888
[THE MUMBAI MUNICIPAL CORPORATION ACT.]
[14th September 1888]
Repealedin part by Act 2 of 1901 ;
” ” ” by Bom.1 of 1897 ;
” ” ” ” 5 of 1925 ;
” ” ” ” 8 of 1928 ;
” ” ” ” 15 of 1932 ;
Repealedin Part and amended—
by Act 16 of 1895 ;
by Bom. 4 of 1888 ;
” ” 5 of 1905 ;
” ” 3 of 1907 ;
” ” 2 of 1911 ;
” ” 6 of 1922 ;
Amended by Bom. 1 of 1894 ;
” ” ” ” 2 of 1899 ;
” ” ” ” 2 of 1900 ;
” ” ” ” 2 of 1901 ;
” ” ” ” 5 of 1903 ;
” ” ” ” 1 of 1910 ;
” ” ” ” 6 of 1913 ;
” ” ” ” 1 of 1916 ;
” ” ” ” 6 of 1916 ;
” ” ” ” 6 of 1918 ;
” ” ” ” 8 of 1918 ;
” ” ” ” 5 of 1920 ;
” ” ” ” 15 of 1920 ;
” ” ” ” 19 of 1920 ;
” ” ” ” 20 of 1920 ;
” ” ” ” 4 of 1921 ;
” ” ” ” 7 of 1921 ;
” ” ” ” 1 of 1925 ;
” ” ” ” 12 of 1925 ;
” ” ” ” 9 of 1928 ;
” ” ” ” 10 of 1928 ;
1
For Statement of Objects and Reasons, see Bombay Government Gazette, 1887, Pt. V., p. 188, for
Report of the Select Committee, see, ibid., 1888., p. l, and for Proceedings in Council, see, ibid., 1887,
p. 222 and ibid., 1888, pp.177, 203, 228, 259, 286, 311 and 321.
Bom. 3 of 1888 has, so far as regards the jurisdiction, decisions, orders and other proceedings of
Appellate Benches of Municipal Authorities, Presidency and other Magistrates, Courts of Small
Causes and judges of such Courts, been declared to be as valid as if it had been passed by the Governor
General of India in Council—see Act 12 of 1888, s. 1.
The Bombay Municipal Servants Act is to be read with Bom. 3 of 1888— see Bom. 5 of 1890, s. 2 (2).
The City of Bombay Police Charges Act, 1907 (Bom. 3 of 1907), is to be read with Bom. 3 of 1888. Only
those amendments which it makes in the latter and which have been declared to come into force on
1st April 1907, have been here incorporated ; for the other amendments which have been declared
(see ss. 39, 40 and 62) to come into force when notified by the Governor in Council, see Bom. 3 of 1907.
 L 1 H 4094
2 Mumbai Municipal Corporation Act [1888 : Bom. III

Amended by Bom. 10 of 1930 ;

” ” ” ” 18 of 1930 ;
” ” ” ” 19 of 1930 ;
” ” ” ” 6 of l931 ;
” ” ” ” 17 of 1931 ;
” ” ” ” 21 of 1931 ;
” ” ” ” 23 of 1931 ;
” ” ” ” 8 of 1932 ;
” ” ” ” 11 of 1932 ;
” ” ” ” 13 of 1932 ;
” ” ” ” 13 of 1933 ;
” ” ” ” 2 of 1934 ;
” ” ” ” 4 of 1934 ;
” ” ” ” 10 of 1935 ;
” ” ” ” 12 of 1935 ;
” ” ” ” 28 of 1935 ;
” ” ” ” 32 of 1935 ;
” ” ” ” 10 of 1936 ;
” ” ” ” 12 of 1936 ;
” ” ” ” 13 of 1936 ;
” ” ” ” 24 of 1936 ;
Supplemented by Act 12 of 1888 ;
” ” ” ” 2 of 1889 ;
” ” ” ” 5 of 1890 ;
” ” ” ” 1 of 1898 ;
” ” ” ” 2 of 1899 ;
” ” ” ” 15 of 1920 ;
Amended by Act 38 of 1920 ;
Adapted and modified by the Adaptation of Indian Laws Order in Council ;
Amended by Bom. 2 of 1938 ;
” ” ” ” 5 of 1938 ;
” ” ” ” 13 of 1938* ;
” ” ” ” 17 of 1938 ;
” ” ” ” 7 of 1939 ;
” ” ” ” 19 of l939 ;
” ” ” ” 21 of 1939;

* Sections 32 and 33 of this Act containing saving provisions are reproduced below, Sections 26, 28 and
29 referred to in section 32 below have amended sections 37, 74 and 80-B of Bom. 3 of 1888.
Saving “ 32. Nothing contained in section 26, 28 or 29 of this Act shall apply to persons appointed to hold posts
in case of referred to in the said sections during the period for which they may have been appointed before the
present commencement of this Act.
incumbents.
Savings. 33. (1) Nothing in this Act shall affect the constitution of the Corporation, the Standing Committee,
the Schools Committee, or the Improvements Committee as constituted immediately before the first day
of April 1939 and no appointment, notification, notice, tax, order, scheme, licence, provision, rule, by-law
or form, made, issued or imposed in respect of or by the Corporation or Committee so constituted shall be
deemed to be invalid by reason only of the fact that the provisions of this Act have come into force.
(2) Notwithstanding anything contained in this Act, any casual vacancy in the office of a councillor or
a member of any of the said committee occuring before the 1st day of April 1939 shall, subject to the
provisions of the said Act, be filled as if this Act had not come into force.”.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 3

Amended by Bom. 1 of 1942 ;

” ” ” ” 8 of 1942 ;
” ” ” ” 2 of 1943* ;
” ” ” ” 9 of 1945* ;
” ” ” ” 12 of 1945* ;
” ” ” ” 1 of 1946† ;
” ” ” ” 4 of 1947 ;
” ” ” ” 12 of 1947 ;
” ” ” ” 20 of 1947 ;
” ” ” ” 21 of 1947;
Adapted by the Indian (Adaptation of Existing Indian Laws) Order, 1947;
Amended by Bom. 3 of 1948 ;
” ” ” ” 8 of 1948 ;
” ” ” ” 48 of 1948 ;
” ” ” ” 69 of 1948 ;
” ” ” ” 76 of 1948 ;
” ” ” ” 7 of 1950 ;
Adapted and modified by the Adaptation of Laws Order, 1950 ;
Amended by Bom. 48 of 1950 ;
” ” ” ” 9 of 1951 ;
” ” ” ” 30 of 1951 ;
” ” ” ” 20 of 1952 ;
” ” ” ” 64 of 1953 ;
” ” ” ” 6 of 1954 ;
” ” ” ” 8 of 1954 ;
” ” ” ” 21 of 1954 ;
” ” ” ” 34 of 1954 ;
” ” ” ” 62 of 1954 ;
” ” ” ” 5 of 1955 ;
” ” ” ” 54 of 1955‡;
” ” ” ” 22 of 1956 ;
” ” ” ” 26 of 1956 ;
Adapted and modified by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956;
Amended by Bom. 51 of 1956§ ;
” ” ” ” 58 of 1956 ;
” ” ” ” 28 of 1957 ;
” ” ” ” 13 of 1958 ;
” ” ” ” 65 of 1958 ;
” ” ” ” 6 of 1959 ;
* This Act was repealed and re-enacted by Bom. 8 of 1948.
† This Act was repealed and re-enacted with modifications, ibid.
‡ Section 13 of Bom. 54 of 1955 reads as follows :—
“ 13. The amendments made in the said Act by sections 2 to 4 (both inclusive), section 5 except
Certain
amendments
section 28-H inserted thereby, clause (2) of section 6 and sections 7 and 8 of this Act, shall apply to the
made by this
general election to be held after the 31st day of December 1955, and to all subsequent elections.”.
Act to apply to
election held
after the 31st
day of
December
§ The amendments made by this Act shall be deemed to have been made with effect from the first day 1955.
of April 1956 (see s. 2 of Bom. 51 of 1956).

H 4094—6
 L 1 H 4094
4 Mumbai Municipal Corporation Act [1888 : Bom. III

Adapted and modified by the Maharashtra Adaptation of Laws (State and

Concurrent Subjects) Order, 1960 ;
Amended by Mah. 14 of 1961 ;
” ” ” ” 39 of 1961 ;
” ” ” ” 32 of 1962 ;
” ” ” ” 40 of 1962 ;
” ” ” ” 13 of 1963 ;
” ” ” ” 1 of 1964* ;
” ” ” ” 11 of 1964 ;
” ” ” ” 17 of 1964 read with Mah. 8 of 1968 ;
” ” ” ” 32 of 1964 †;
” ” ” ” 8 of 1965‡ ;
” ” ” ” 27 of 1966 ;’
” ” ” ” 32 of 1966§ ;
” ” ” ” 33 of 1966 ;
” ” ” ” 35 of 1967 ;
” ” ” ” 5 of 1968 ;
” ” ” ” 22 of 1968 ;
” ” ” ” 3 of 1969 ;
” ” ” ” 10 of 1969 ;
” ” ” ” 18 of 1969 ;
” ” ” ” 5 of 1970 ;
” ” ” ” 6 of 1970 ;

*Section 11 of Mah. 1 of 1964 reads as under :—

Savings. “ 11. Notwithstanding the amalgamation of budget estimates D and F with budget estimate A and the amendments in the
principal Act made therefore by sections 4 to 10 (both inclusive) of this Act, budget estimates A, D and F finally adopted by
the Corporation for the official year 1963-64 and all provisions of the principal Act applicable thereto immediately before the
28th day of October 1963 shall remain in operation and continue to apply to the said estimate till the end of the year.”.
† Section 23 of Mah. 32 of 1964 reads as under :—
Savings. “ 23. Notwithstanding the abolition of town duties and the repeal of the provisions of the principal Act relating thereto,
and the substitution therefor of the provisions relating to octroi made by this Act, all the provisions relating to town duties
shall continue to have effect for the purposes of the levy, assessment, collection or refund of the duty, or for the purpose of
imposing any penalty, or the confiscation of any articles, or for any other purpose whatsoever connected with or incidental to
any of the purposes aforesaid, and any reference to any officer, authority, tribunal or court for the purpose of carrying into
effect the provisions aforesaid shall be construed as a reference to the corresponding officer, authority, tribunal or court
relating to octroi and if any question arises as to who or which such corresponding officer, authority, tribunal or court is, the
decision of the State Government thereon, shall be final.”.
‡ Sections 22 and 23 of Mah. 8 of 1965 reads as under :—
Savings. “ 22. Nothing contained in this Act shall effect the constitution of the Corporation, the Standing Committee, the Improvements
Committee or any other Committee or Sub-Committee as constituted or appointed under the principal Act immediately
before the commencement of this Act, and any casual vacancy in the office of a councillor or a member of any of the said
committees or sub-committees before the 1st April 1965 (or if the State Government extends the period under section 7,
before the 1st April 1966) shall, subject to the provisions of the principal Act, be filled as if this Act had not been passed.
Removal 23. If any difficulty arises in giving effect to the provisions of the principal Act as amended by this Act, the State Government
o f may, as occasion arises, by order do anything which appears to it necessary for the purposes of removing the difficulty :
difficulty. Provided that, no order shall be made under this section after the expiry of two years from the commencement of this
Act.”.
§Section 8 of Mah. 32 of 1966 reads as under :—
Retrospective “8. The amendments made in the principal Act by sections 2 and 5 of this Act shall be deemed to have been made on and
operation to have effect from the 1st day of April 1966.”.
of
sections
2 and 5.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 5

Amended by Mah.7 of 1971 Amended by Mah. 42 of 1977

„ „ „ 13 of 1971 „ „ „ 62 of 1977
„ „ „ 35 of 1971* „ „ „ 17 of 1978 (31-5-1978)‡
„ „ „ 37 of 1971 „ „ „ 25 of 1978 (2-10-1978)‡
„ „ „ 22 of 1972 „ „ „ 23 of 1979**(5-5-1979)‡
„ „ „ 4 of 1973 „ „ „ 27 of 1979 (31-3-1979)‡
„ „ „ 19 of 1973 „ „ „ 6 of 1980 (13-2-1980)‡
„ „ „ 34 of 1973† „ „ „ 20 of 1980§ (16-10-1980)‡
(30-4-1973)‡ „ „ „ 37 of 1981 (1-10-1981)‡
50 of 1981.
„ „ „ 53 of 1973 „ „ „ 53 of 1981 (14-9-1981)‡
(27-12-1973)‡ ,, „ „ 71 of 1981@(31-10-1981)‡
„ „ „ 18 of 1974 „ „ „ 21 of 1982 (12-5-1982)‡
(1-5-1975)‡ „ „ „ 25 of 1982 †† (7-6-1982)‡
„ „ „ 37 of 1974 „ „ „ 43 of 1983¶¶(25-10-1938)‡
(7-9-1974)‡ „ „ „ 7 of 1984§§ (30-9-1984)‡
„ „ „ 51 of 1975 „ „ „ 3 of 1985@@(l1-2-1985)‡
(11-1-1975)‡ „ „ „ 5 of 1986@@@(29-11-1986)‡
„ „ „ 63 of 1975‡‡ „ „ „ 7 of 1986£££(20-12-1985)‡
(22-9-1975)‡ „ „ „ 20 of 1987(1-11-1987)‡
„ „ „ 70 of 1975¶ „ „ „ 21 of 1989 (2-5-1989)‡
„ „ „ 42 of 1976 „ „ „ 28 of 1989*** (12-6-1989)‡
(1-10-1976)‡ „ „ „ 33 of 1989 (1-11-1989)‡
* Maharashtra Ordinance No.V of 1971 was repealed by Mah. 35 of 1971, s.3.
† Maharashtra Ordinance No.III of 1973 was repealed by Mah. 34 of 1973, s.23.
‡ This indicates the date of commencement of Act.
‡‡ Maharashtra Ordinance No. XI of 1975 was repealed by Mah. 63 of 1975, s. 11.
¶ Maharashtra Ordinance No. XVII of 1975 was repealed by Mah. 70 of 1975, s.22. The whole Act (Mah.
70 of 1975) except clause (a) of section 2, section 4 and sections 16 to 20 (both inclusive) was deemed to
have come into force on the 8th day of November 1975. Clause (a) of section 2 and section 4 came into
force on the 24th day of December 1975. Sections 16 to 20 (both inclusive) came into force on the 1st day
of April 1976 [See s.22 of Mah. 70 of 1975].
** Maharashtra Ordinance No. IV of 1979 was repealed by Mah. 23 of 1979, s. 3.
§ Maharashtra Ordinance No.XII of 1980 was repealed by Mah. 20 of 1980, s. 23.
@ Maharashtra Ordinance No.XVIII of 1981 was repealed by Mah. 71 of 1981, s. 3.
†† Maharashtra Ordinance No.V of 1982 was repealed by Mah. 25 of 1982, s. 5.
Section 4 of the Act reads as follows :—
“ 4. Nothing contained in this Act shall affect the constitution of the Corporation, the Standing Saving.
Committee, the Improvements Committee, the Bombay Electric Supply and Transport Committee, the
Education Committee or any other Committee or Sub-Committee as constituted or appointed under the
principal Act immediately before the commencement of this Act, and any casual vacancy in the office of
a Councillor, a member of any of the said Committees or Sub-Committees before the 1st April 1983 shall,
subject to the provisions of the principal Act, be filled as if this Act had not been enacted.”.
¶¶ Maharashtra Ordinance No.XVII of 1983 was repealed by Mah. 43 of 1983, s.12.
§§ Section 7 of the Act reads as under :—
“ 7. If any difficulty arises in giving effect to the provisions of any of the Acts, as amended by this Act, Removal of
during the period of one year from the date of coming into force of this Act, the State Government may, difficulty.
as occasion arises, by order do anything, not inconsistent with such provisions, which appears it to be
necessary or expedient for the purpose of removing the difficulty.”.
@@Maharashtra Ordinance No. I of 1985 was repealed by Mah. 3 of 1985, s.10.
@@@Maharashtra Ordinance No.X of 1985 was repealed by Mah. 5 of 1986, s.4.
£££Maharashtra Ordinance No.XIII of 1985 was repealed by Mah. 7 of 1986, s.7.
***Maharashtra Ordinance No.IV of 1989 was repealed by Mah. 28 of 1989, s. 8.
H 4094—6a
 L 1 H 4094
6 Mumbai Municipal Corporation Act [1888 : Bom. III

Amended by Mah. 11 of 1990* (16-3-1990)‡

„ „ „ 12 of 1990**£(12-2-1990)‡
„ „ „ 13 of 1990££(24-4-1990)‡
„ „ „ 34 of 1990***§(8-10-1990)‡
„ „ „ 36 of 1990@(14-11-1990)‡
„ „ „ 15 of 1991@@(16-2-1991)‡
„ „ „ 26 of 1991@@@(29-10-1991)‡
„ „ „ 8 of 1992 (28-4-1992)‡

* Maharashtra Ordinance No.V of 1990 was repealed by Mah. 11 of 1990, s. 11.

‡This indicates the date of Commencement of Act.

**Maharashtra Ordinance No.III of 1990 was repealed by Mah. 12 of 1990, s. l1.

£Section 13 of Mah. 12 of 1990 reads as follows :—

Sitting councillors “13. For the removal of doubt, it is hereby declared that every person elected as a councillor of the Bom LIX
to continue Municipal Corporation of Greater Bombay or any of the Municipal Corporations constituted under the of 1949.
to hold office. provisions of the Bombay Provincial Municipal Corporations Act, 1949 or the Corporation of the City of C.P. and
Berar II
Nagpur Act, 1948 or of any of the Municipal Councils established under the Maharashtra Municipalities of 1950.
Act, 1965 and holding office as such councillor and has not attained the age of twenty-one years on or Mah. XL
before the date of commencement of Maharashtra Municipal Corporations and Municipalities (Amend- of 1965.
Mah. XII
ment) Act, 1990 shall, unless he resigns, or is disqualified to hold, such office of councillor before the of 1990.
expiry of his term, continue to be such councillor till the expiry cf his term, as if the amendments made to
the relevant municipal law by the Maharashtra Municipal Corporations and Municipalities (Amendment)
Act, 1990 had never been made.”.

££ Section 9 of Mah. 13 of 1990 reads as follows : -

Sitting “9. For the removal of doubt, it is hereby declared that every woman Councillor elected to a reserved Mah. XL of
seat in any of the Municipal Councils established under the Maharashtra Municipalities Act, 1965 and 1965.
women
Mah. XIII
councillors to holding office as such Councillor on the date of commencement of the Maharashtra Municipal Corpora- of 1990.
continue to hold tions and Municipalities (Second Amendment) Act, 1990, shall, unless she resigns or is disqualified to hold Mah. XL of
office. such office of Councillor before the expiry of her term, continue to be such Councillor till the expiry of her 1965.
Mah. XIII
term, as if the amendments made to the Maharashtra Municipalities Act, 1965 by the Maharashtra of 1990.
Municipal Corporations and Municipalities (Second Amendment) Act, 1990, had never been made.”.

***Maharashtra Ordinance No.XI of 1990 was repealed by Mah. 34 of 1990, s.6.

§ Section 5 of Mah. 34 of 1990 reads as follows :—
Validation or fees “5. Notwithstanding anything contained in any judgement, decree or order of any Court, any fees or
of charges levied charges levied, demanded or collected by the Municipal Corporation of Greater Bombay under the Pay
and collected by and Park scheme introduced with effect from the 15th day of October 1988 shall be deemed to have been
Corporation under validly levied, demanded and collected in accordance with law as if the provisions of section 326A had been
Pay and Park
continuously in force at all material times. Any action taken or anything done for levying, demanding or
Scheme.
collecting such fees or charges, from any person during the period commencing on the 15th day of
October 1988 and ending on the day immediately preceding the date of commencement of this Act shall
be deemed to be, and shall be deemed always to have been, validly taken or done and shall not be called
in question in any court or before any authority merely on the ground that the power to earmark such
parking places or to levy such fees or charges for use of such parking places for parking of vehicles did
not exist or that such levy, demand or collection was not validly made under the principal Act, and
accordingly ,—
(a) no suit or proceedings shall be maintained or continued in or before any court or any authority for
the refund of any amount received or realised by way of such fees or charges ;
(b) no court or any other authority shall enforce any decree or order directing the refund of any
amount received or realised by way of such fees or charges.”.
@ Maharashtra Ordinance No. XIII of 1990 was repealed by Mah. 36 of 1990, s. 10.
@@Maharashtra Ordinance No. III of 1991 was repealed by Mah. 15 of 1991, s. 11.
@@@Maharashtra Ordinance No.XI of 1991 was repealed by Mah. 26 of 1991, s. 8.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 7

Amended by Mah. 21 of 1992 (10-8-1992)+

” ” ” 12 of 1993 $(4-1-1993)+

” ” ” 15 of 1994.

” ” ” 41 of 1994@ (31-5-1994)+

” ” ” 44 of 1994 ‡‡ (11-11-1994)+

” ” ” 5 of 1995** (31-5-1994)+

” ” ” 20 of 1995 (31-8-1995) +

” ” ” 5 of 1996*+(23-11-1995)+

” ” ” 11 of 1996 (29-01-1996) +

” ” ” 25 of 1996 (4-9-1996) +

” ” ” 12 of 1997*++ (26-11-1996) +

+ This indicates the date of commencement of the Act.

$ Section 11 of Mah. 12 of 1993 reads as under :—

Bom. III “ 11. For the removal of doubt, it is hereby declared that any octroi levied on natural gas and Validation of
of 1888. liquified petroleum gas, being petroleum products, on or after the 1st day of April 1978 shall be deemed octroi levied on
Mah. XII to have been levied under entry 22 in Schedule H to the Bombay Municipal Corporation Act, as natural gas and
of 1993. amended by section 9 of the Maharashtra Municipal Corporations (Amendment) Act, 1993, as if that liquified
petroleum gas.
entry in that form was in force on the day on which the octroi was so levied ; and accordingly,—

(a) any sum paid or payable by way of such octroi shall be deemed to have been paid or payable
in accordance with law ; and

(b) no claim shall lie in any Court against such levy or for the refund of any sum so paid or
payable merely on the ground that the expression “ petroleum products ” did not explicitly mention
natural gas and liquified petroleum gas as included therein.”.

@ Mah. Ord. 10 of 1994 was repealed by Mah. 41 of 1994, s. 163.

‡‡ Mah. Ord. 18 of 1994 was repealed by Mah. 44 of 1994, s. 11.

** Mah. Ord. 5 of 1995 was repealed by Mah. 5 of 1995, s. 13.

*+ Mah. Ord. 18 of 1995 was repealed by Mah. 5 of 1996, s. 7.

*++ Mah. Ord. 20 of 1996 was repealed by Mah. 12 of 1997, s. 6.

Sub-section (2) of section 1 of Mah. 12 of 1997 reads as under :—

“ (2) This section and section 5 shall be deemed to have come into force on the 26th November 1996 and
sections 2, 3 and 4 shall be deemed to have come into force on the 31st May 1994.”.

Section 5 of Mah. 12 of 1997 reads as under :—

“ 5. For the removal of doubt it is hereby declared that the amendments made by sections 2, 3 and Removal of
4 of this Act having been made with retrospective effect, all acts done and actions taken by the State doubt.
Election Commissioner in pursuance of the powers conferred on him by the provisions of Mumbai
Municipal Corporation Act, and the principal Act as amended by this Act, shall be deemed to be and
always be deemed to have been, validly done and no such act or action shall be called in question
merely on the ground that the seats reserved for the Backward Class of Citizens were not validly or
lawfully reserved.”.
 L 1 H 4094
8 Mumbai Municipal Corporation Act [1888 : Bom. III

” ” ” 10 of 1998 ‡ (19-04-1998) +
” ” ” 13 of 1998 (03-05-1998) +
” ” ” 27 of 1999 $ (23-04-1999)+
” ” ” 25 of 2000 $* (04-03-2000) +
” ” ” 43 of 2000 (13-09-2000) +
” ” ” 2 of 2001 $** (19-09-2000) +
” ” ” 8 of 2002 ***@ (5-1-2002) +
” ” ” 11 of 2002 #
” ” ” 5 of 2005 (4-1-2005) +
” ” ” 15 of 2005 (15-4-2005) +
+This indicates the date of commencement of the Act.
‡ Mah. Ord. 4 of 1998 was repealed by Mah. 10 of 1998, s. 256.
Sections 56,90(b), 91,97,102,104 and 113 shall be deemed to have come into force on the 2nd March
1998. The remaining provisions of the Act came into force on the 19th April 1998, vide G. N., U.D.D., No.
B.M.C./C.R. 21/96/U.D.-32, dated 18th April 1998.
Section 255 of Mah. 10 of 1998 reads as under :—
Power to “ 255. If any difficulty arises in giving effect to the provisions of the principal Act as amended by this
remove Act or by reason of anything contained therein or in giving effect to the provisions of the principal Act in
difficulty. respect of the matters contained in this Act, the State Government may, as occasion arises, by order do
anything, not inconsistent with the provisions of the principal Act, as amended by this Act, which appears
to it to be necessary or expedient for the purpose of removing the difficulty :
Provided that, no such orders shall be made after the expiry of a period of two years from the date of
commencement of this Act.”.
$ Section 209 of Mah. 27 of 1999 reads as under :—
Power to “ 209. If any difficulty arises in giving effect to the provisions of the principal Act as amended by this
remove Act or by reason of anything contained therein or in giving effect to the provisions of the principal Act in
difficulty. respect of the matters contained in this Act, the State Government may as occasion arise, by order do
anything, not inconsistent with the provisions of the principal Act, as amended by this Act, which appears
to it to be necessary or expedient for the purpose of removing the difficulty :
Provided that, no such orders shall be made after the expiry of a period of two years from the date of
commencement of this Act.".
$* Mah. Ord. 7 of 2000 was repealed by Mah. 25 of 2000, s. 5.
$** Mah. Ord. 17 of 2000 was repealed by Mah. 2 of 2001, s. 5.
*** Mah. Ord. 28 of 2001, Mah. Ord. 32 of 2001, Mah. Ord. 34 of 2001 and Mah. Ord. 37 of 2001 were
repealed by Mah. 8 of 2002.
@ Sub-section (2) of section 1, and section 23 of Mah. 8 of 2002 reads as under :—
“ (2) (i) Sections 2, 3, 5(ii), 6, 8(a), 9, 11 and 13 to 20 and 23 (i) of this Act shall be deemed to have come
into force on the 7th September 2001,
(ii) Section 4 shall be deemed to have come into force on the 20th October 2001,
(iii) Sections 5(i), 7, 8(b), 10, 21 and 23(ii) shall be deemed to have come into force on the 7th
November 2001, and
(iv) Sections 12 and 22 shall be deemed to have come into force on the 16th October 2001.”.
Power to “ 23. If any difficulty arises in giving effect to the provisions of,—
remove (i) any of the relevant Municipal Law or the Municipal Councils Act as amended by this Act, the
difficulty. State Government or, as the case may be, the State Election Commission, may, by order published in
the Official Gazette, give such directions, not inconsistent with the provisions of the relevant Municipal
Law or the Municipal Councils Act, as amended by this Act, as may appear to it to be necessary or
expedient for the purposes of removing the difficulty ;
(ii) any of the relevent Municipal Law or rules contained therein or made thereunder, as they
stand amended by this Act, or, as also to any other provision in any of the relevant municipal law or the
rules contained therein or made thereunder or by reason of anything contained therein, the State
Election Commission may, as occasion arises, by order, take such action as appears to it to be necessary
for the purpose of removing such difficulty :
Provided that, no order shall be made under this section after the expiry of two years from the
commencement of this Act.”.
# Section 1 and sections 10 to 22 and 30 of Mah. XI of 2002 shall be deemed to have come into force
on 1st April 1999 (vide s. 1(2)(a)); and
sections 5, 6 40, 45 46, 47 and 50 of Mah. XI of 2002 were came into force on the 1st April 2002 and
the remaining sections of the said Act came into force on the 14th February 2002 (vide G. N., U.D.D.
No. MMC-1199/218/CR-29/2002/UD-32, dated the 14th February 2002, published in the M.G.G.,
Extraordinary Part IA-Central Sub-section, dated the 14th February 2002, on pages 14-15).
Section 32 of Mah. XI of 2002 reads as under :—
Savings. “ 32. (1) Notwithstanding the abolition of the tax on vehicles and the deletion of the provisions,
relating to such tax, of the Mumbai Corporation Act, by the Maharashtra Municipal Corporations
and Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2000, all Mah. XI of
the rules and regulations framed and orders, notifications or notices issued thereunder and in force 2002.
immediately before the coming into force of the said Amendment Act shall continue. to have effect
for the levy, assessment, collection, refund of such tax or the imposition of any penalty, if such levy,
assessment, collection, and refund or penalty relates to vehicles registered before the
commencement of the said Amendment Act, or for any other purpose whatsoever connected with
or incidental to any of the purposes aforesaid, and the pending proceedings in respect thereof shall
be continued and disposed of by the Court or authorities, as if the said Amendment Act had not
been enacted.
(2) The officers or authorities appointed or notified or delegated with the powers of carrying out
the purposes of the provisions amended by the said Amendment Act shall continue to be the officers
or authorities competent for the purposes of sub-section (1).”.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 9

Amd. by Mah. 44 of 2005 (25-8-2005) +

” ” ” 19 of 2006 @ (21-6-2006) +
” ” ” 24 of 2006 (18-7-2006) +
” ” ” 27 of 2006 @@ (20-6-2006) +
” ” ” 35 of 2006 (19-8-2006) +
” ” ” 49 of 2006 @@@ (27-10-2006) +
” ” ” 11 of 2007 * (27-2-2007) +
” ” ” 15 of 2007 (27-10-2006) +
” ” ” 33 of 2007 ** (1-3-2008) +
” ” ” 3 of 2008 (4-1-2008) +
” ” ” 12 of 2008 (2-5-2008) +
” ” ” 13 of 2008 *** (12-5-2008) +
” ” ” 14 of 2008 (2-5-2008) +
” ” ” 18 of 2008 (8-5-2008) +
” ” ” 6 of 2009 (14-1-2009) +
” ” ” 7 of 2009 £ (6-2-2009) +
” ” ” 11 of 2009 ££ (1-4-2010) +
” ” ” 21 of 2009 $
” ” ” 27 of 2010 £££ (2-8-2010) +
” ” ” 9 of 2011 $$

+ This indicates the date of commencement of the Act.

@ Vide G.N., U.D. No. BNM. 5005/218/C.R. 43/2005/UD-32, dated 21st June 2006.
@@ Mah. Ord. 7 of 2006 was repealed by Mah. 27 of 2006, s. 3.
@@@ Mah. Ord. 12 of 2006 was repealed by Mah. 49 of 2006, s. 6.
* Mah. Ord. 2 of 2007 was repealed by Mah. 11 of 2007, s. 13.
* * Vide G.N., U.D. No. BNM. 5006/351/C.R. 79/UD-32, dated 28th February 2008.
*** Vide G.N., U.D. No. BNM. 5007/434/C.R. 119/UD-32, dated 12th May 2008.
£ Vide G.N., U.D. No. MMC. 2008/291/C.R. 103/UD-32, dated 6th February 2009.
££ Vide G.N., U.D. No. BMC. 1005/185/C.R. 24/2005/UD-32, dated 1st April 2010.
$ Mah. 21 of 2009 has not been brought into force uptill the date of reprinting of this reprint.
£££ Sections 1 and 12 came into force on this date, sections 2 to 9, 11 and 13 to 19 came into force on 26th
August 2010. Mah. Ord. Nos. 9 and 10 of 2010 were repealed by section 20 of this Act.
$$ Section 3 of this Act came into force on 1st May 2009 vide G.N., U.D.D., No. BMC. 5007/267/C. R. 71/
UD-32, dated 27th April 2011. Provision of section 2 of this Act in so far as it relates to section 354AC
came into force on 1st November 2011 vide G.N., U.D.D., No. BMC. 5007/267/C. R. 71/UD-32, dated
1st November 2011.
 L 1 H 4094
10 Mumbai Municipal Corporation Act [1888 : Bom. III

Amd. by Mah. 11 of 2011§ (10-3-2011) +

” ” ” 12 of 2011§§ (10-3-2011) +
” ” ” 14 of 2011§§§ (10-3-2011) +
” ” ” 20 of 2011 (21-4-2011) +
” ” ” 29 of 2011£ (12-9-2011) +
” ” ” 32 of 2011££ (21-5-2011) +
” ” ” 40 of 2011#
” ” ” 2 of 2012$ (22-3-2012) +
” ” ” 6 of 2012$$ (12-3-2012) +
” ” ” 17 of 2012 (4-8-2012) +
” ” ” 20 of 2012** (14-8-2012) +
” ” ” 28 of 2012 (20-12-2012) +
” ” ” 34 of 2014 (26-8-2014) +
” ” ” 13 of 2015 (7-4-2015) +
” ” ” 34 of 2015@@ (15-6-2015) +
” ” ” 43 of 2015@@@ (5-10-2015) +
+
This indicates the date of commencement of Act.
§
Mah. Ord. 10 of 2011 was repealed by Mah. 11 of 2011, s. 17.
§§
Mah. Ord. 9 of 2011 was repealed by Mah. 12 of 2011, s. 8.
§§§
Mah. Ord. 11 of 2011 was repealed by Mah. 14 of 2011, s. 13.
£
Vide G.N., U.D., No. MMC. 2010/5/C.R. 6/UD-32, dated 9th September 2011.
££
Mah. Ord. 12 of 2011 was repealed by Mah. 32 of 2011, s. 49.
#
This Act has not come into force on the date of revision of this reprint.
$
Vide G. N., U. D., No. MMC. 2009 /72/C.R. 48/2009/UD-32, dated 22nd March 2012.
$$
Mah. Ord. 4 of 2012 was repealed by Mah. 6 of 2012, s. 12 (1).
**
Section 3 of Mah. 20 of 2012 reads as under :—
Validation. “ 3. Notwithstanding anything contained in the principal Act, or in any rules, bye -laws or regulations
made thereunder or in any judgment, decree or order of any court, tribunal or any other authority, any
levy, demand and collection of premium on account of unearned income and transfer fees or charges or
penalty by the corporation during the period commencing on the 22nd June 1993 and ending on the date
of commencement of the Mumbai Municipal Corporation (Amendment and Validation) Act, 2011, on Mah. XX
further assignment or transfer of leasehold rights by the lessee or transferor of such leasehold rights in of 2012.
respect of the properties of the corporation given on lease, with or without the prior permission of the
Commissioner, and any action taken by the corporation therefor, shall be deemed to have been validly
levied, demanded, collected or taken and shall be deemed always to have been validly levied, deemanded,
collected or taken under the prinicipal Act, as amended by the Mumbai Municipal Corporation (Amendment
and Validation) Act, 2011; and accordingly no suit, prosecution or other legal procedings shall lie in any Mah. XX
court or before any tribunal or other authority on the ground that, the provisions of the prinicipal Act, of 2012.
prior to such commencement, did not provide for levy, demand and collection of such premium and
transfer fees or charges or penalty or action by the corporation. No suit, prosecution or other legal
proceedings shall lie or be maintained or continued, in any court or before any tribunal or other authority,
for the refund of any such premium and transfer fees or charges or penalty so levied, demanded, collected
or for any action taken with effect from the 22nd June 1993.”.
@@
Mah. Ord. 13 of 2015 was repealed by Mah. 34 of 2015, s. 3(1).
@@@
Mah. Ord. 19 of 2015 was repealed by Mah. 43 of 2015, s. 6.
Section 5 of the mah. 43 of 2015 reads as under :—
Power to “ 5. (1) If any difficulty arises in giving effect to the provision of the Mumbai Municipal Corporation
remove Act, the Maharashtra Municipal Corporations Act or, as the case may be, the Maharashtra Municipal III of
difficulty. Councils, Nagar Panchayaats and Industrial Townships Act, 1965, as amended by this Act, the State 1888.
Government may, as occasion arises, by an order published in the Official Gazatte, give such directions LIX of
not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the 1949.
purpose of removing the difficulty : Mah. XL
of 1965.
Provided that, no such order shall be made after expity of the period of two years form the date of
commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before
each House of the State Legislature.”.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 11

An Act to consolidate and amend the law relating to the Municipal

Government of 1[Brihan Mumbai].

WHEREAS it is expedient to consolidate and amend the law relating to the Preamble.
Municipal Government of 2[Brihan Mumbai] ; it is enacted as follows :—

CHAPTER I

PRELIMINARY

1. This Act may be cited as 3[the 4[Mumbai Municipal Corporation] Act.] Short title and
extent.
5
[It] extends only to 6[Brihan Mumbai].
2. The enactments mentioned in Schedule A are repealed to the extent Repeal of
enactments.
specified in the third column of the said Schedule :
Provided that—
(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 come 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, institute or which
might but for passing of the 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

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Sch.
2
These words were substituted for the words “ Greater Bombay ”, ibid.
3
These words were substituted for the words and figures “ the City of Bombay Municipal Act, 1888 ” by
Bom.7 of l950, s. 4(a).
4
These words were substituted for the words “ Bombay Municipal Corporation ” by Mah. 25 of 1996, s.
2, Sch.
5
This word was substituted for the words “ Except as is herein otherwise expressly provided, it ” by
Mah. 41 of 1994, s. 2.
6
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Sch.
 L 1 H 4094
12 Mumbai Municipal Corporation Act [1888 : Bom. III
1
(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 or to the
corresponding portion thereof.
Definitions of 3. In this Act, unless there be something repugnant in the subject or
terms. context,—
2
[(a) “ the city” means the area specified in Part I of Schedule A to the Bom.
Greater Bombay Laws and the Bombay High Court (Declaration of Limits) XVII of
1945.
Act, 1945 ; Bom.
3
[(aa) “ extended suburbs ” means the area specified in Part IV of Schedule XVII of
A to the Greater Bombay Laws and the Bombay High Court (Declaration of 1945.
Limits) Act, 1945] ; Bom.
XVII of
(a1) “4[Brihan Mumbai]” means the area specified in Parts I, II and III of 1945.
Schedule A to the Greater Bombay Laws and the Bombay High Court Bom.
(Declaration of Limits) Act, 1945 5[and on and from the date of commencement XVIII of
of the Bombay Municipal [Further Extension of Limits and Schedule BBA ( 1956.
Amendment)] Act, 1956, includes the extended suburbs i. e., the area specified
in Part IV of this Schedule];
(a2) “ the suburbs ” means the area specified in Part II and III of Schedule Bom.
A to the Greater Bombay Laws and the Bombay High Court (Declaration of XVII of
1945.
Limits) Act, 1945];
6
[(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 7[ 8[Brihan
Mumbai] constituted or deemed to have been constituted under this Act;]
9
[(c) “ Councillor ” means a person duly elected as a member of the
Corporation ; and includes a nominated Councillor who shall not have the
right,—
(i) to vote at any meeting of the Corporation and Committee of the
Corporation ; and
(ii) to get elected as a Mayor of the Corporation or a Chairperson of any
of the Committees of the corporation ;]
10
[(cc) “ Commission ” means the Public Service Commission constituted
for the State of Bombay under the Constitution of India ;] 11
(d) “ the Commissioner ” means the Municipal Commissioner for [Brihan
Mumbai] appointed under section 54, and includes 12[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 13[and the Deputy Municipal Commissioner
(Improvements) appointed under section 56A] and includes an acting Deputy
Commissioner appointed under sub-section (3) of section 59, 14[an Additional
Deputy Municipal Commissioner appointed under sub-section (1A) of section
55];
1
The words “ Governor of Bombay ” shall stand unmodified vide the Maharashtra Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
2
These clauses were substituted for clause (a) by Bom. 7 of 1950, s. 5(i).
3
This clause was inserted by Bom. 58 of 1956, s. 3(1).
4
These words were substituted for the words “ Greater Bombay “ by Mah. 25 of 1996, s. 2.
5
This portion was inserted by Bom. 58 of 1956, s. 3(3).
6
This clause was inserted by Mah. 41 of 1994, s. 3(b),
7
These words were substituted for the words “ Greater Bombay ” by Mah. 41 of 1994, s. 3(c).
8
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2.
9
This clause was substituted by Mah. 41 of 1994, s. 3(d).
10
Clause (cc) was inserted by Bom. 48 of 1950, s. 2(2).
11
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2.
12
These words, brackets and figures were inserted by Mah. 43 of 1983, s. 2.
13
These words, figures, brackets and letter were inserted by Bom. 13 of 1933, s. 3 (a).
14
These words, figures, letter and brackets were added by Bom. 7 of 1950, s. 5 (iii).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 13

1
[(ea) “Director” means the Director (Engineering Services and Projects)
appointed under section 54A ;]
2
[(eb) “Designated Officer” means an officer designated under sub-section
(1) of section 351 ;]
(f) “ the Police Commissioner” means the Commissioner of Police 3[for
4
[Brihan Mumbai] ];
5
[(g) “ Education Officer ” means the Municipal Education Officer appointed
under section 76A and includes an acting Municipal Education Officer
appointed under section 85] ;
6
[(h) “ election ” means an election to fill a seat or seats of a councillor or
councillors under this Act] ;
7
[(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 8[Brihan Mumbai];
Mah. 43 (j) “ Assembly roll ” means the electoral roll prepared for any Assembly
of 1950. Constituency in accordance with the provisions of the Representation of the
Peoples 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;
9
[(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 Cause Court” means the Court of Small Causes of Bombay ;
10
[(la) “ State Election Commission ” means the State Election Commission
consisting of the State Election Commissioner appointed in accordance with
the provisions of clause (1) 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, sequestrator, 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 ;

1
Clause (ea) was inserted by Mah. 53 of 1981, s. 2.
2
Clause (eb) was inserted by Mah. 2 of 2012, s. 2.
3
These words were substituted for the words “ of Bombay ”, by Bom. 7 of 1950, s. 5 (iv).
4
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2.
5
Clause (g) was inserted by Bom. 48 of 1950, s. 2 (3)
6
Clause (h) was inserted by Bom. 54 of 1955, s. 2.
7
Clauses (i) and (j) were inserted by Mah. 8 of 1965, s. 2.
8
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2.
9
Clauses (ka) and (kb) were inserted by Mah. 41 of 1994, s. 3(e).
10
Clause (la) was inserted by Mah. 41 of 1994, s. 3 (f).
 L 1 H 4094
14 Mumbai Municipal Corporation Act [1888 : Bom. III

(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;
and a person is deemed to cease “ to reside ” in any such dwelling merely
because he is absent from it, or has elsewhere another dwelling in which he
resides, if there is the liberty of returning to it at any time and no abandonment
of the intention of returning thereto;
(o) the term “ public securities ” means securities of the 1[Central
Government] and any securities guaranteed by 2[the Central or any 3[State]
Government], securities of the Bombay Port Trust, securities issued under
this Act and any Bombay Municipal debentures or other securities heretofore
issued 4[and any debentures or other securities issued under the City of Bom. IV
Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust of 1898.
Transfer Act, 1925] ; Bom.
XVI of
(p) “ tax ” includes any impost leviable under this Act; 1925.
5
[(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 land which is 6 [being built upon or is built] upon or
covered with water, 7[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, out-house, stable, shed, hut, 8[tank (except
tank for storage of drinking water in a building or part of a building)] and
every other such structure, whether of masonary, bricks, wood, mud, metal
or any other material whatever;
9
[(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) “ water-work ” includes a lake, stream, spring, well, pump, reservoir,
cistern, tank, 10[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 ;
ll
[(u) “drain” includes a swear, pipe, ditch, channel, 12[tunnel,] and any other
device for carrying of 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;]

1
The words “ Central Government” were substituted for the words u Government of India n by the
Adaptation of Indian Laws Order in Council.
2
The words u the Central or any Provincial Government” were substituted for the words “Government ”
ibid.
3
The word “ State n was substituted for the words “ Provincial” by the Adaptation of Laws Order, 1950.
4
These words were inserted by Bom. 13 of 1933, s. 3 (b).
5
This clause was inserted by Mah. 32 of 1964, s. 2.
6
These words were substituted for the words “ built” by Bom. 8 of 1918, s. 2.
7
These words were inserted by Bom. 13 of 1933, s. 3 (c).
8
These words and brackets were inserted by Mah. 21 of 1989, s. 2.
9
Clauses (sa) and (sb) were inserted by Bom. 28 of 1957, s. 2.
10
This word was inserted by Mah. 37 of 1981, s. 2 (a).
11
Clause (u) was substituted for the original clause by Bom. 5 of 1905, s. 2.
12
This word was inserted by Mah. 37 of 1981, s. 2 (b).

H 4094—7a
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 15

(v) “ house-gully ” means a passage or strip of land constructed, set apart

or utilized for the purpose of serving as a drain or 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, viaduct, 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 had 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; 1[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,
2

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
5
by an order of 3[the 4[ 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
6

confectionery, from the baking or selling of which a profit is derived ;

(ff) “eating-house” means any premises to which the public are admitted
and where any kind of food is prepared or supplied for consumption on the
premises for the profit or gain of any person owning or having an interest in
or managing such premises ;
(gg) “ premises ” includes messuages, buildings and lands of any tenure ;
whether open or enclosed, whether built on or not and whether public or
private ;]

1
These words were added by Bom. 7 of 1950, s. 5 (v),
2
This new clause (yy) was added by Bom. 1 of 1925, s. 2 (b).
3
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word “Provincial ” by the Adaptation of Laws Order, 1950.
5
The words “Official Gazette” were substituted for the words u Bombay Government Gazette” by the
Adaptation of Indian Laws Order in Council.
6
Clauses (ee), (ff) and (gg) were inserted by Bom. 1 of 1916, s. 2.
 L 1 H 4094
16 Mumbai Municipal Corporation Act [1888 : Bom. III
1
[(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,
for whomsoever intended, and by whatsoever name the same may be known,
and whether the same be for consumption on or outside the premises ;]
2
* * * * * * *
3
[(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 ;]
4
[(mm) “the 5[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 tramways, 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 6[Brihan
Mumbai Electric Supply and Transport Undertaking] appointed under section
60A and includes an acting General Manager appointed under section 60B;]
7
[(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
8

Councillors from amongst themselves under section 37IB ;

9
* * * * * * *
(tt) “ prescribed ” means prescribed by rules made under this Act.]

CHAPTER II
THE MUNICIPAL CONSTITUTION
Municipal Authorities
Municipal 10
[4. The Municipal Authorities charged with carrying out the provisions
Authorities. of this Act are—
(a) a Corporation;
(b) a Standing Committee ;
(c) an Improvements Committee ;

1
Clause (hh) was inserted by Bom. 5 of 1920, s. 2.
2
Clauses (ii), (jj) and (kk) were deleted by Bom. 48 of 1950, s. 2(5).
3
Clause (ll) was added by Bom. 5 of 1938, s. 2.
4
Clauses (mm) and (nn) were added by Bom. 48 of 1948, s. 2.
5
These words were substituted for the words “ Bombay Electric Supply and Transport
Undertaking “ by Mah. 25 of 1996, s. 2.
6
These words were substituted for the words “ Bombay Electric Supply and Transport
Undertaking”, ibid., s. 2.
7
Clauses (oo) and (pp) were inserted by Mah. 41 of 1994, s. 3 (g).
8
Clauses (qq), (rr), (ss) and (tt) were added by Mah. 10 of 1998, s. 2.
9
Clauses (rr) and (ss) as inserted by Mah. 10 of 1998, s. 2, have been deleted by
Mah. 27 of 1999, s. 2.
10
Section 4 was substituted by Mah. 27 of 1999, s. 3.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 17

(d) a Brihan Mumbai Electric Supply and Transport Committee ;

(e) an Education Committee ;
(f) a Wards Committee ;
(g) a Mayor ;
(h) a Municipal Commissioner ;
(i) a General Manager of the Brihan Mumbai Electric Supply and Transport
Undertaking.]
(A) The Municipal Corporation.
1
[5. (1) The Corporation shall consist of,— Composition of
Corporation.
(a) 2[two hundred and twenty-seven] councillors directly elected at ward
elections ; and
(b) five nominated councillors having special knowledge or experience
in Municipal Administration to be nominated by the Corporation in the
prescribed manner :

Provided that, nothing in this sub-section shall have effect until the expiry
of the existing term of the Corporation.
(2) The Corporation shall by the name of “ The Municipal Corporation of
3
[Brihan Mumbai] ” be a body corporate and have perpetual succession and a
common seal and by such name may sue and be sued.]
[5A. (1) Notwithstanding anything contained in clause ( a) of
4 Reservation of
seats.
sub-section (1) of section 5 or in section 19, for the purpose of any general
Mah. XLI election held after the commencement of the Maharashtra Municipal
of 1994.
Corporations and Municipal Councils (Amendment) Act, 1994, such number
of seats out of the total number of seats to be filled in by direct election, shall
be reserved for the members belonging to the Scheduled Castes, Scheduled
Tribes, women and the Backward Class of citizens, as provided in sub-sections
(2) to (5) both inclusive.
(2) (a) The number of seats to be reserved for the members belonging to
the Scheduled Castes shall bear, as nearly as may be, the same proportion to
the total number of seats to be filled in by direct election in the Corporation as
the population of the Scheduled Castes in 5[Brihan Mumbai]. bears to the total
population of 5[Brihan Mumbai].

1
Section 5 was substituted by Mah. 41 of 1994, s. 5.
2
These words were substituted for the words “two hundred and twenty-one” by Mah. 8 of 2002, s. 2,
with effect from 7th September 2001.
3
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2.
4
Section 5A was inserted by Mah. 41 of 1994, s. 6.
5
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s.2.
 L 1 H 4094
18 Mumbai Municipal Corporation Act [1888 : Bom. III

(b) 1[one-half] of the total number of seats reserved under clause (a) shall
be reserved for women belonging to the Scheduled Castes :

Provided that, where only one seat is reserved for the Scheduled Castes,
then no seat shall be reserved for women belonging to the Scheduled Castes
*.
2
* * * * * * * *

(3) (a) The number of seats to be reserved for the members belonging to
the Scheduled Tribes shall bear, as nearly as may be, the same proportion to
the total number of seats to be filled in by direct election in the Corporation
as the population of the Scheduled Tribes in 3[Brihan Mumbai] ;

(b) 4[one-half] of the total number of seats reserved under clause (a) shall
be reserved for women belonging to the Scheduled Tribes :

Provided that, where only one seat is reserved for Scheduled Tribes, then
no seat shall be reserved for women belonging to the Scheduled
Tribes, 5* * * * * * * * *.

(4) (a) 6[Twenty-seven per cent.] seats out of the total number of seats to
be filled in by direct election shall be reserved for the members belonging to
the Backward Class of citizens;

(b) 7[one-half] of the total number of seats reserved under clause (a) shall
be reserved for women belonging to the Backward Class of citizens.

(5) 8[one-half] (including the number of seats reserved for women belonging
to the Scheduled Castes, Scheduled Tribes and the Backward Class of citizens)
of the total number of seats to be filled in by direct election shall be reserved
for women.

(6) The seats reserved under sub-sections (2), (3), (4) and (5) shall be
allotted by the State Election Commissioner by rotation to different wards.

(7) The reservation of seats under sub-sections (2) and (3) for the Scheduled
Castes and the Scheduled Tribes other than the reservation for women in
sub-section (5), shall cease to have effect after the period specified in Article
334 of the Constitution of India.]

1
These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 2 (1) (a).
2
The words “and where only two seats are reserved for the Scheduled Castes, one of the two seats
shall be reserved for women belonging to the Scheduled Castes” were deleted by Mah. 20 of 2011, s.
2 (1) (b).
3
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2.
4
These words were substituted for the words “One-third” by Mah. 20 of 2011, s. 2 (2) (a).
5
The words “and where only two seats are reserved for the Scheduled Tribes, one of the two seats
shall be reserved for women belonging to the Scheduled Tribes” were deleted by Mah. 20 of 2011, s.
2 (2) (b).
6
These words were substituted for the words “As nearly as may be twenty-seven per cent. ” by Mah.
12 of 1997, s. 2.
7
These words were substituted for the words “ one-third ” by Mah. 20 of 2011,
s. 2(3).
8
These words were substituted for the words “ One-third ”, by Mah. 20 of 2011, s. 2(4).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 19

Person
1
[5B. Every person desirous of contesting election to a seat reserved for contesting
the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward election for
reserved seat
Class of Citizens, shall be required to submit, alongwith the nomination paper, to submit Caste
Certificate and
Caste Certificate issued by the Competent Authority and the Validity Validity
Certificate.
Mah. Certificate issued by the Scrutiny Committee in accordance with the
XXIII of
2001. provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
and Special Backward Category (Regulation of Issuance and Verification of)
Caste Certificate Act, 2000 :
2
[Provided that, for the General or bye-elections for which the last date of
filing of nomination falls on or before the 31st December 2017, in accordance
with the election programme declared by the State Election Commission, a
person who has applied to the Scrutiny Committee for the verification of his
Caste Certificate before the date of filing the nomination papers but who has
not received the validity certificate on the date of filing of the nomination
papers shall submit, alongwith the nomination papers,-

(i) a true copy of the application preferred by him to the Scritiny Committy
for issuance of the validity certificate or any other proof of having made such
application to the Scritiny Committee; and

(ii) an undertaking that he shall submit, within a period of six months

from the date of his election, the validity certificate issued by the Scrutiny
Committee :

Provided further that, if the person fails to produce the validity certificate
within a period of six months from the date of his election, his election shall
be deemed to have been terminated retrospectively and he shall be
disqualified for being Coundillor].
2
* * * * * *
3
[Duration of the Corporation : Term of Office of

Councillors : Casual Vacancies, etc.]

4
[6. The Corporation shall continue for a period of five years from the Duration of
Corporation.
date appointed for its first meeting and no longer.

1
Section 5B was inserted by 35 of 2006, s. 2.
2
The provisos were added by Mah. 13 of 2015, s. 2.
Section 6 of Mah. 13 of 2008 reads as under :—
Removal “ 6. For the removal of doubt, it is hereby declared that, the election to a reserved seat to the Bom. III of
of doubt. municipal Corporations or Municipal Councils, before the date of coming into force of this Act, shall 1888.
be regulated by the relevant provisions of the Mumbai Municipal Corporation Act, the Bombay Bom. LIX of
Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948, or, as the 1949.
case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships C.P. and Berar
II of 1950.
Act, 1965, as they existed before such date of commencement.”. Mah. XL of
3
This heading was substituted by Mah. 41 of 1994, s. 7. 1965.
4
Sections 6, 6A and 6B were substituted by Mah. 41 of 1994, s. 8.
 L 1 H 4094
20 Mumbai Municipal Corporation Act [1888 : Bom. III

Term of office 6A. The term of office of the councillors shall be co-terminus with the
of Councillors.
duration of the Corporation.

Election to 6B. An election to constitute the Corporation shall be completed before

constitute
Corporation.
the expiry of its duration specified in section 6.]

7. [Day for retirement of councillors] Deleted by Mah. 41 of 1994, s. 9.

7A. [Provision for appointment of Administrator after normal term of

office of Councillors expires.] Deleted by Mah. 41 of 1994, s. 10.

Councillor to 1
[7B. 2
[Notwithstanding anything contained in sections 47, 49G, 50B or
vacate all
offices if he
ceases to be a
50M or any other provisions of this Act, a person] who ceases to be a Councillor
councillors.
shall, ipso facto, vacate any office held by him on any Committee of the
Corporation by virtue of his being a Councillor.]

Re-eligibility of 8. Any person who ceases to be a councillor shall, unless disqualified, be

persons
ceasing to be re-eligible.
councillors.

Casual 9. In the event of non-acceptance of office by a person elected 3**** to be

vacancies how
to be filled up. a councillor or of the death, resignation or disqualification of a councillor, of
his becoming incapable of acting 4[during the term of his office] there shall be
deemed to be a casual vacancy in the office and such vacancy shall be filled
up, as soon as it conveniently may be, by the election 1* * * of a person
thereto who shall hold office so long only as the councillor in whose place he
is elected would have been entitled to hold it if the vacancy had not occurred.

1
Section 7B was substituted for the original by Mah. 10 of 1998, s. 4,
2
These words were substituted for the words “ A person ” by Mah. 27 of 1999, s. 4.
3
The words “ or appointed ” and “ or appointment, as the case may be ” were deleted by Bombay 13 of
1938, ss. 6 and 7.
4
These words were substituted for the words “ previous to the day of retirement ” by Mah. 41 of 1994,
s. 12(a).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 21

[The casual vacancy in the office of an elected councillor shall be filled up

1

in the manner provided in section 34] :

[Provided that no election shall be held to fill up such vacancy 3[if it occurs
2

within six months preceding the date on which the term of office of the
Councillor expires under section 6A.]]

4
* * * *

10. The names of all persons elected 5** to be councillors shall be published Publication of
names of
by 6[the State Election Commissioner] in the 7[Official Gazette]. councillors in
the Official
Gazette.

Qualifications and Disqualifications of Voters and Councillors.

11. (1) A person shall not be entitled to vote at a ward election unless he [Persons
10

qualified to
is enrolled in the municipal election roll as a voter of the ward for which vote].
such election is held.

8
* * * * * * * *

11 A. [Qualifications of voters at election of delegates.] Repealed by Bom.

48 of 1950, s. 6.

12. and 13. [Repealed by Bom. VI of 1922.]

14. 9** A person shall not be qualified to be elected at a ward election to Qualification
for election as
be a councillor 12[unless he is enrolled in the municipal election roll as a a councillor at
a ward
voter of some ward]. election.

10
* * * * * * * *
11
* * * * * * * *

1
These words were added by Bom. 28 of 1935, s, 2.
2
This proviso was added by Bom. 12 of 1936, s. 2.
3
These words were substituted for the words “ occuring within four months prior to the day for
retirement ” by Mah. 41 of 1994, s.12(b).
4
The proviso was deleted by Mah. 41 of 1994, s. 12(c).
5
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 13.
6
The words “ Official Gazette ” were substituted for the words “ Bombay Government Gazette ” by
the Adaptation of Indian Laws Order in Council.
7
Sub-sections (2), (3), (4), (5) and (6) were deleted by Mah. 8 of 1965, s. 5(a).
8
This marginal note was substituted by Mah. 8 of 1965, s. 5(b).
9
The brackets and figure “ (1) ” were deleted by Mah. 6 of 1980, s. 2(a).
10
These words were substituted for the words and figures “ unless his name is included in Part-I of the
final roll of some ward ” by Mah. 20 of 1980, s. 2.
11
Words repealed by Bom. 6 of 1922, s. 6, are omitted.
12
Sub-section (2) was deleted by Bom. 13 of 1938, s. 9(1).

H 4094—8
 L 1 H 4094
22 Mumbai Municipal Corporation Act [1888 : Bom. III

14A. [Qualifications for elections as a councillor by delegates.] Repealed

by Bom. 48 of 1950.
15. [Qualification for election by Chamber, etc.] Repealed by Bom. 17 of
1950.
Disqualifica- 15A. [Qualification for Co-option]. Repealed by s. 3 of Bom. 48 of 1931.
tions for being a
councillor. 16. (1) A person shall be disqualified for being elected l* 2
* and for
being councillor if such person—
3
[(a-1) has been so disqualified by or under any law,—
(i) for the time being in force for the purpose of elections to the
Legislature of the State :
Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of twenty-one
years ;
(ii) made by the Legislature of the State of Maharashtra; or]
4
[(a) has, at any time after the commencement of section 2 of the Mah.
Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted XIII of
of an offence punishable under section 153A, or sub-section (2) or (3) of section 1971.
505 of the Indian Penal Code : XLV of
1860.
Provided that, such disqualifications shall be for a period of six years from
the date of such conviction ; or]
5
[(aa) has been removed from the office under section 18-1A and five years
have not elapsed from the date of such removal; or]
6
[(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]
7
[(ba) has more than two children :
Provided that, a person having more than two children on the date of
commencement of the Maharashtra Municipal Corporations and Municipal Mah.
Councils, Nagar Panchayats and Industrial Townships (Second Amendment) XLIII of
Act, 1995 (hereinafter in this clause referred to as “ the date of 2000.
commencement ”), shall not be disqualified under this clause so long as the
number of children he had on the date of such commencement does not
increase :
Provided further that, a child or more than one child born in a single
delivery within the period of one year from the date of such commencement
shall not be taken into consideration for the purpose of disqualification
mentioned in this clause ;
Explanation.— For the purposes of this clause,—
(i) where a couple has only one child on or after the date of such
commencement, any number of children born out of a single subsequent
delivery shall be deemed to be one entity;
(ii) “ child ” does not include an adopted child or children,]
if and while such person-
8
[(c) having been adjudged or re-adjudged an insolvent, is under any III of
disqualification imposed by section 103A of the Presidency-towns Insolvency 1909.
V of
Act, 1909 ; or section 73 of the Provincial Insolvency Act, 1920 ; or] 1920.

1
The words “ or appointed ” were deleted by Bom. 13 of 1938, s. 10.
2
The words “ co-opted ” which were added by Bom. 6 of 1922, s. 8 and which were deleted by Bom. 17
of 1931, s. 4, are omitted.
3
Clause (a-l) was inserted by Mah. 41 of 1994, s. 14(a).
4
Clause (a) was inserted by Mah. 13 of 1971, s. 2.
5
This Clause was inserted by Mah. 3 of 2008, s. 2.
6
Clause (b) was substituted for the original by Mah. 41 of 1994, s. 14(b).
7
Clause (ba) was inserted by Mah. 43 of 2000, s. 2.
8
Clause (c) was substituted for the original clause by Bom. 1 of 1948, s. 3(a) read with Bom. 8 of 1948,
s. 4.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 23

(d) is the Commissioner, 1[the Director]or a Deputy Commissioner or a

Municipal Officer or servant, or a licensed surveyor or plumber 2[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
3

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 ; 4[or]
[(fa) having been elected as Councillor, during his term of office as a
5

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
6

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:
Provided that his disqualification shall not apply to a councillor who renders
free service for securing the enforcement of civic rights or removal of
legitimate public grievances ;]
7
[(g) is a Member of the State Legislature or Parliament:
Provided that, nothing in this clause shall effect the membership of a sitting
councillor till the expiry of his current term of office as such Councillor :
Provided further that, any action taken by such Councillor during the period
Mah. from the 7th October 2001, till the 20th October 2001, being the date of
Ord. publication of the Maharashtra Municipal Corporations and Municipal
XXXI of
2001. Councils (Amendment) (Amendment) Ordinance, 2001, shall be deemed to
have been validly taken and shall not be challenged in any court of law only
on the ground that during the said period he had incurred disqualification
under this clause;]
8
[Explanation 9[I].— For the purpose of clause (f)—
(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.

1
These words were inserted by Mah. 53 of 1981, s. 3.
2
These words were inserted by Bom. 1 of 1946, s. 3(a) read with Bom. 8 of 1948, s. 3(b).
3
Clause (ee) was inserted by Bom. 11 of 1932, s. 2.
4
The word “or” was inserted by Bom. 1 of 1946, s. 3(e) read with Bom. 8 of 1948, s. 4.
5
Clause (fa) was deemed to have been inserted with effect from 1st April 1968 by Mah. 4 of 1973,
s. 2(a).
6
Clause (ff) was inserted by Bom. 1 of 1946, s. 3(d).
7
Clause (g) was added by Mah. 8 of 2002, s. 3, w.e.f. 7th September 2001.
8
This Explanation was substituted by Mah. 35 of 1967, s. 2.
9
The existing Explanation was renumbered as Explanation I and Explanation II was added by
Mah. 51 of 1975, s. 2.

H 4094—8a
 L 1 H 4094
24 Mumbai Municipal Corporation Act [1888 : Bom. III

1
[Explanation II.—For the purpose of clause (fa)—

(i) a Councillor shall not be deemed to have any share or interest in any
lease including any leave or licence, sale or purchase of land or any agreement
for the same, by or on behalf of, the Corporation, if such share or interest is
not acquired by him directly or indirectly by use of his position or office as a
Councillor ;

(ii) the expression “leave” or “licence” means a licence as defined in section V of

1882.
52 of the Indian Easement Act, 1882]].
2
[(1-1A) If, a Councillor or a person is found to be guilty of misconduct in
the discharge of his official duties, or of any disgraceful conduct while holding
or while he was holding the office of the Mayor or, as the case may be, the
Deputy Mayor, the State Government may, after giving such Councillor or
person a reasonable opportunity of being heard,—

(a) disqualify such Councillor to continue as a Councillor for the

remainder of his term of office as Councillor ; and also for being elected as
a Councillor for a period of six years from the date of order of such
disqualification ;

(b) disqualify such person for being elected as a Councillor for a period
of six years from the date of order of such disqualification].
3
[(1A) A person who at any time during the term of his office is disqualified
under the Maharashtra Local Authority Members’ Disqualification Act, 1986 Mah. XX
of 1987.
for being a councillor shall cease to hold office as such councillor.]
4
* * * *
5
[(1D) A Councillor shall be disqualified for being a Councillor, if such
Councillor has constructed or constructs by himself, his spouse or his
dependent, any illegal or unauthorised structure violating the provisions of
this Act or the Maharashtra Regional and Town Planning Act, 1966 or the Mah.
XXXVII
rules or bye-laws framed under the said Acts ; or has directly or indirectly of 1966.
been responsible for, or helped in his capacity as such Councillor in carrying
out such illegal or unauthorised construction or has by written communication
or physically, obstructed or tried to obstruct any Competent Authority from
discharging its official duty in demolishing any illegal or unauthorised
structure. Such disqualification shall be for the remainder of his term as a
Councillor from the date of the declaration of such structure to be illegal or
unauthorised by the concerned authority under the provisions of the said
Acts or, as the case may be, from the date of commission of the act of interference
or obstruction by the Councillor against the Competent Authority.]

1
The existing Explanation was renumbered as Explanation I and Explanation II was added by
Mah. 51 of 1975, s. 2.
2
Sub-section (1-1A) was inserted by Mah. 32 of 2011, s. 2 (1)(a).
3
Sub-section (1A) was inserted by Mah. 20 of 1987, Schedule.
4
Sub-sections (1B) and (1C) were deleted by Mah. 35 of 2006, s.3.
5
Section (1D) was inserted by Mah. 11 of 2002, s. 2
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 25

1
[(1E) If the State Election Commission is satisfied that a person,—
(a) has failed to lodge an account of election expenses within the time and
in the manner required by the State Election Commission, and
(b) has no good reason or justification for such failure,
the State Election Commission may, by an order published in the Official
Gazette, declare him to be disqualified and such person shall be disqualified
for being a Councillor or for contesting an election for being a Councillor for
a period of three years from the date of the order.
(1F) The State Election Commission may, for reasons to be recorded,
remove any disqualification under sub-section (1E) or reduce the period of
any such disqualification.]
(2) But a person shall not be so disqualified or be deemed to have any
share or interest in such a contract or employment by reason only of 2[his
receiving fee for attendance at meetings of the 3[ Brihan Mumbai Electric
Supply and Transport Committee] or of] his having any share or interest
in—
[(g) subject to the provisions of clause (fa) of sub-section (1), any lease
4

including any leave or licence, sale or purchase of land or any agreement for
the same, by or on behalf of the Corporation ; or]
(h) any agreement for the loan of money or any security for the payment of
money only ; or
(i) any newspaper in which any advertisement relating to the affairs of
the corporation is inserted ; or
(j) any joint stock company which shall contract with or be employed by
the Commissioner on behalf of the corporation ; or
(k) the occasional sale to the Commissioner on behalf of the corporation to
a value not exceeding in any official year two thousand rupees, of any article
in which he regularly trades.
5
* * * * * * * * *

17. Any councillor who,— A person

becoming
disqualified
(a) becomes disqualified for being a councillor for any reason mentioned to cease to
be a
in the last preceding section, or councillor.
(b) absents himself during three successive months from the meetings of
the corporation, except from temporary illness or other cause to be approved
by the corporation,

1
Sub-sections (1E) and (1F) were inserted by Mah. 12 of 2008, s.2.
2
These words were inserted by Bom. 48 of 1948, s.4.
3
These words were substituted for the words “Bombay Electric Supply and Transport Committee”
by Mah. 25 of 1996, s. 2.
4
Clause (g) was inserted with effect from 2nd October 1975 by Mah. 25 of 1978,
s. 2.
5
Sub-section (3) was deleted by Bom. 48 of 1950, s. 9.
 L 1 H 4094
26 Mumbai Municipal Corporation Act [1888 : Bom. III
2
† 1
* * * * * * * * [or]

(d) absents himself from or is unable to attend the meetings of the

corporation during twelve successive months from any cause whatever,
whether approved by the corporation or not, 3* ]
4
* * * ** * * * *

shall cease to be a councillor and his office shall thereupon be vacant.

Questions as to 18. Whenever it is alleged that any councillor has become disqualified
disqualifications for office for any reason aforesaid, and such councillor does not admit the
to be
determined by allegation, or whenever any councillor is himself in doubt whether or not he
Chief Judge of has become disqualified for office, such councillor or any other councillor
the Small
Cause Court. may, and the Commissioner, at the request of the corporation, shall apply to
the Chief Judge of the Small Cause Court; and the said Chief Judge, after
making such inquiry as he deems necessary, shall determine whether or not
such councillor has become disqualified for being a councillor, and his decision
shall be a conclusive.

Liability of 5
[18-1A. (1) The State Government may, on its own motion or on the
Councillor to
removal from
recommendation of the Corporation, remove any Councillor from office, if
office. such Councillor has been guilty of any misconduct in discharge of his duties
or of any disgraceful conduct, during his current term of office or immediately
preceding term of office as a Councillor.

(2) No resolution recommending the removal of any Councillor for the

purpose of sub-section (1) shall be passsed by the Corporation and no order
of removal shall be made by the State Government, unless the Councillor to
whom it relates has been given a reasonable opportunity of showing cause
why such recommendation or order, as the case may be, should not be made :

Provided that, no order of removal of Councillor shall be made by the State

Government on its own motion, unless the Corporation is given one month’s
time for taking necessary action in the matter.

(3) In every case in which the State Government makes an order under
sub- section (1), Councillor shall be disqualified for being a Councillor, or
from becoming a Councillor, or a Councillor or a member of any other local
authority, for a period of five years from the date of such order, unless the
State Government relieves him of the disqualification by an order which it is
hereby empowered to make.]

† Section 79 of Bom. 48 of 1950 reads as follows :—

Saving “ 79. Nothing in sections 2(1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation,
the Standing Committee, the Improvements Committee or any other Committee or sub-committee
as constituted or appointed under the said Act immediately before the coming into operations of this
Act and any casual vacancy, in the office of a councillor or a member of any of the said committees
or sub-committees before the 1st day of April 1952 shall subject to the provisions of the said Act, be
filled as if this Act had not been passed. ”.
1
Clause (c) was deleted by Bom. 48 of 1950, s. 10 (1).
2
The word “ or ” and clause (d) were inserted by Bom. 5 of 1938, s. 4.
3
The word “ or ” was deleted by Mah. 48 of 1950, s. 10 (2).
4
Clause (e) was deleted, ibid., s. 10(3).
5
Section 18-1A was inserted by Mah. 3 of 2008, s.3.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 27

Municipal Election Roll

1
[18A. (1) The superintendence, direction and control of the preparation State Election
of the electoral rolls for, and the conduct of, all elections to the Corporation Commission.

shall vest in the State Election Commission.

(2) The State Election Commissioner may, by order, delegate any of his
powers and functions to any officer of the State Election Commission or any
officer of the State Government not below the rank of Deputy Collector or
any officer of the Corporation not below the rank of the Ward Officer.
(3) All the officers and members of the staff appointed or deployed for
preparation of electoral rolls and conduct of election of the Corporation un-
der this Act or the rules shall function under the superintendence, direction
and control of the State Election Commissioner.
(4) Notwithstanding anything contained in this Act and the rules, the State
Election Commissioner may issue such special or general orders or direc-
tions which may not be inconsistent with the provisions of this Act for fair
and free elections.]
2
[18AA. The State Election Commissioner may, with a view to prevent Power of State
impersonation of electors at the time of election, issue such directions, as he Election
Commissioner
thinks fit, to the presiding officers and such directions may include instructing to issue
43 of the electors to produce, at the time of polling, the photo identity cards issued directions to
1951. prevent
to them under the provisions of the Representation of the Peoples Act, 1951]. impersonation.
3
[19. (1) For the purposes of elections to the Corporation,—
4
[(a) The 5[State Election Commissioner] shall, from time to time, by noti- Division of
Mumbai into
fication in the Official Gazette, divide the area of 6[Brihan Mumbai] into single member
wards and specify the boundaries thereof, so that, as far as practicable, all wards and
10
[preparation
wards shall be compact areas and the number of persons in each ward ac- of] municipal
election roll
cording to the latest census figures shall approximately be the same. Each of therefor.
the wards shall elect only one councillor :]
Provided that, before such notification is published, a draft thereof shall
be published in the Official Gazette and in such other manner as in the opin-
ion of the 5[State Election Commissioner] is best calculated to bring the in-
formation to the notice , of all persons likely to be affected thereby, together
with a notice specifying the date on or before which any objections or sugges-
tions will be received, and the date after which the draft will be taken into
consideration.
7
* * * * * * * * *
8
[(b) The Assembly roll for the time being in force on such date as the State
Election Commissioner may, by general or special order notify, shall be di-
vided by the State Election Commissioner into different sections correspond-
ing to the different wards in 9[Brihan Mumbai]; and a printed copy of each
section of the roll so divided and authenticated by the State Election Commis-
sioner or an officer authorised by him, shall be the ward roll for each ward.]
1
Section 18A was inserted by Mah. 41 of 1994, s. 15.
2
Section 18AA was inserted by Mah. 44 of 1994, s. 2.
3
Section 19 was substituted by Mah. 8 of 1965, s. 6.
4
This portion was substituted for the portion beginning with the brackets, letters and words “(1) the
area of Greater Bombay” and ending with the wrods “by the State Government in the Official
Gazette” by Mah. 15 of 1991, s. 3(a).
5
The words were substituted for the words “State Government” by Mah. 41 of 1994, s. 16 (a)(1).
6
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2.
7
The Explanation was deleted by Mah. 15 of 1991, s. 3(b)
8
Clause (b) was substituted for the original by Mah. 11 of 1996, s. 2.
9
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2.
10
These words were substituted for the words “adoption of relevant Assembly roll as” by Mah. 53 of
1973, s. 2(c).
 L 1 H 4094
28 Mumbai Municipal Corporation Act [1888 : Bom. III

1
* * * * * *
(2) Only one councillor shall be elected at each ward election.
(3) 2* * * * * * *
(4) 3* * * * * * *
4
[20 1
* * * * * *
Right to vote.
5
[21. Subject to the provisions of this Act, every person whose name is 6[in
the municipal roll shall be deemed to be entitled to vote at a ward election]
and every person whose name is not in the said roll be deemed to be not
entitled so to vote.]
*21A. [Procedure regarding election of delegates and councillors.] Repealed
by Bom. 48 of 1950, s. 11.
21B. [Preparation and revision of list for supplementary election rolls.]
Deleted by Mah. 8 of 1965, s.9.
21C. [Completion of supplementary election rolls.] Deleted by Mah. 8 of
1968, s. 9.
21D. [Consolidation of supplementary election roll.] Deleted by Mah. 8 of
1965, s. 9.
Election of Councillors
Date of 7
[22. The dates of general ward election of councillors and election to fill
election.
casual vacancies shall be fixed by the State Election Commissioner].
8
[23. * * * * * * *
24. [Division of the city into wards for purposes of elections.] Deleted by
Mah. 8 of 1965, s. 11.]
Notice to be 25. 9[(1)] 10[Seven days] atleast before the day fixed for a ward election 11*
given of day
fixed for ward
* * notice of such election shall be given by 12[the State Election Commis-
elections. sioner]. Such notice shall be given by advertisement in the[Official Gazette]
and in the local newspapers, and 11* * by posting placards in conspicu-
ous places in the ward for which election is to take place.

1
Sub-section (1A) was deleted by Mah. 11 of 1996, s. 2(a).
2
Sub-section (3) was deleted, ibid., s. 2(b).
3
Sub-section (4) was deleted by Mah. 53 of 1973, s. 2(b).
4
Section 20 was deleted by Mah. 11 of 1996, s. 3.
5
Section 21 was substituted by Mah. 53 of 1973, s. 4.
6
These words were substituted for the words and figures “in Part I or Part II of any final ward roll for any ward shall be
deemed to be entitled to vote at an election in that ward” by Mah. 20 of 1980, s. 4.
* Section 79 of Bom. 48 of 1950 reads as follows :—
Saving. “79. Nothing in sections 2 (1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation, the Standing
Committee, the Improvements Committee or any other committee or sub-committee as constituted or appointed under
the said Act immediately before the coming into operation of this Act and any casual vacancy in the office of a councillor
or a member of any of the said committees or sub-committee, before the 1st day of April 1952, shall, subject to the
provisions of the said Act, be filled as if this Act had not been passed.”.
7
Section 22 was substituted by Mah. 41 of 1994, s. 17.
8
Section 23 was deleted by Mah. 10 of 1998, s. 5.
9
This section was renumbered as sub-section (1) of section 25 by Mah. 43 of 1983, s. 4(1).
10
These words were substituted for the words “Fifteen days”, ibid., s. 4(1).
11
The words deleted by Bom. 6 of 1922, s. 13 are not printed.
12
These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 18.
13
The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian
Laws Order in Council.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 29

l
[(2) The notice referred to in sub-section (1) shall, in addition to the day
fixed for election, specify the day on which the poll shall, if necessary, be
taken, which shall be a day not earlier than the twenty-first day after the day
fixed for the election.].
26. (1) Candidates for election at a ward election 2 * * * must be duly Candidates at
ward elections
nominated in writing in accordance with the provisions hereinafter contained. must be
(2) With respect to such nominations, the following provisions shall have nominated.
effect, namely :— Provisions
regarding
(a) 3[the State Election Commissioner] shall provide printed forms of nomination.
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
4
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-paper 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 5[and must bear the signature of
the person nominated in token of his willingness to be so nominated;]
(c) every nomination-paper subscribed 6[and signed] as aforesaid must
be delivered at the 7[office of the State Election Commissioner] before five
o’clock in the afternoon of the day fixed for the election ;
8
[(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;]
9
[(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 enrolled in the municipal election roll as voter of a ward 10* *
* * or * * * *
11
[(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,
12
[the State Election Commissioner] shall declare such person’s nomination
invalid ;
(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 ;
13
* * * * * * *
14
[(h) if there is only one valid nomination, the person nominated be deemed
to be elected ;]

1
Sub-section (2) was inserted by Mah. 43 of 1983, s. 4(2).
2
The words repealed by Bom. 6 of 1922, s. 14(a), are omitted.
3
These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(a).
4
These words were inserted by Bom. 1 of 1925, s. 7(a).
5
These words were inserted by Bom. 1 of 1946, s. 9(a) read with Bom. 8 of 1948, s. 4.
6
The words “and signed ” were inserted by Bom. 1 of 1946, s. 9(b).
7
These words were substituted for the words “the Commissioner’s office” by Mah. 41 of 1994, s. 19(b).
8
This clause was substituted by Mah. 8 of 1965, s. 12(a).
9
Clause (dd) was substituted by by Mah. 8 of 1965, s. 12(b).
10
The portion repealed by Bom. 6 of 1922, s. 14(b), is omitteed.
11
New clause (ii) was inserted by Bom. 19 of 1930, s. 3.
12
These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(c).
13
Clause (g) was deleted by Mah. 8 of 1965, s. 12(c).
14
Clause (h) was substituted by Mah. 8 of 1965, s. 12(d).

H 4094—9
 L-1 H 4094
30 Mumbai Municipal Corporation Act [1888 : Bom. III

[ ( j ) if the number of valid nominations exceeds one, the election of

l

councillor shall be made from among the persons nominated, and such election
shall be termed “ a contested election ” :

Provided that, if any candidate validly nominated dies or signifies in writing

to 2[the State Election Commissioner] not later than 3[three days] after the
date of election his intention not to contest the election, then, if there remains
only one valid nomination, the remaining candidate validly nominated shall
be deemed to be elected :

Provided further that, a candidate who has withdrawn his candidature

shall not be allowed to cancel the withdrawal or to be re-nominated as a
candidate for the same election ; ]

(k) if, when two or more ward elections are held simultaneously for
different wards, any person is deemed, under [ 4
* * ] 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 5[the State Election
Commissioner], choose, by writing signed by him and delivered to 5[ the State
Election Commissioner], or, in his default, 5[the State Election Commissioner]
shall, when the time for choice has expired, declare for which one of those
wards he shall serve. The choice or declarations made shall be conclusive,
and such persons’ 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 6* * clause (h), to be elected a councillor for any one or more
wards, has also been duly nominated for any one or more wards for which
the number of nominations exceeds that of the vacancies, he shall within
twenty-four hours after receipt of written notice thereof from 7[the State
Election Commissioner] choose, by writing signed by him and delivered to
7
[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 his
default, the Commissioner shall, when, the time for choice has expired,
declare that he shall serve for the ward or for some one of the wards for
which he is elected, and his nomination for any other wards shall be deemed
to be null and void. If such 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.

1
Clause ( j ) was substituted by Mah. 8 of 1965, s. 12(e).
2
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 19(d).
3
These words were substituted for the words “ seven days ” by Mah. 33 of 1989, s. 3.
4
The words, brackets and letter “ clause (g) or ” were deleted by Mah. 8 of 1965,
s. 12(f).
5
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 19(e).
6
The words, brackets and letter “ clause (g) or ” were deleted by Mah. 33 of 1989,
s. 12(g).
7
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 19( f ).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 31

[26A. 2[(1) On or before the date appointed for the nomination of

1 Deposit by
candidates.
candidates for a ward election, each candidate shall deposit or cause to be
deposited with Returning Officer in cash a sum of five thousand rupees ;
and no candidate shall be deemed to be duly nominated unless such deposit
has been made :
Provided that, where the candidate is a member of a Scheduled Castes,
Scheduled Tribes, Backward Class of Citizens or a woman, the amount of deposit
shall be two thousand and five hundred rupees :
Provided further that, where the candidate has filed more than one
nomination paper, it shall not be necessary to deposit a separate amount for
each nomination paper. ]
(2) The deposit shall be returned if—
(a) the candidate is declared or is deemed to be duly elected, or
[(b) the candidate signifies in writing to 4 [the State Election
3

Commissioner] not later than 5[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, 6* * * * after the scrutiny of nomination-
papers and before the commencement of the poll 7* 8
* * * * * ; or
(e) the candidate fails to be elected but secures 9* * *
* * valid votes in excess of the number specified in sub-section (4).
(3) The deposit shall be returned to the person by whom it was made. If a
candidate dies 10* * * * * before the day fixed for the poll, 10* * * the
deposit, if made by him, shall be returned to his legal representatives, or, if
not made by the candidate shall be returned to the persons by whom it was
made.
(4) If a candidate is not elected and 11* * * , if the number of valid vote
polled by him does not exceed one-eighth of the total number of valid votes
polled 12* * * * * * *, the deposit shall be forfeited to the
corporation.

1
New section 26A was inserted by Bom. 19 of 1930, s. 4.
2
Sub-section (1) was substituted by Mah. 18 of 2008, s. 2.
3
Clause (b) was substituted by Bom. 1 of l946, s. 10, read with Bom. 8 of 1948, s. 4.
4
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 20(a).
5
These words were substituted for the words “ seven days ” by Mah. 23 of 1989, s.4.
6
The words “ in the case of a ward election ” were omitted by Bom. 32 of 1935, s. 3 (b)(i).
7
The word “ and ” was deleted by Bom. 24 of 1936, s. 2, Sch.
8
The words “ in the case of an election by co-option, before the day fixed for the election by co-option ”
were omitted by Bom. 32 of 1935, s. 3 (b)(i).
9
The words “ a first vote in the case of an election by co-option, and in the case of a ward election ” were
omitted, ibid., s. 3 (b)(ii).
10
The words “ in the case of a ward election ” and “ or, in the case of an election by
co-option, before the day fixed for the election ”, respectively, were omitted, ibid., s. 3(e).
11
The words “ if, in the case of an election by co-option, he fails to secure any first vote, or in the case of
a ward election ” were omitted by Bom. 32 of 1935, s. 3(d).
12
The words “ divided by the number of councillors to be elected in the ward for which the candidate is
nominated ” were deleted by Mah. 8 of 1965, s. 13.
H 4094—9a
 L-1 H 4094
32 Mumbai Municipal Corporation Act [1888 : Bom. III

(5) The deposit shall, if it is not forfeited, be returned as soon as may be

after the declaration of the result of the election under section 32 :
Provided that, if a candidate is duly nominated at a general election in
more than one ward, not more than one of the deposits made by him or on his
behalf shall be returned and the remainder shall be forfeited to the
Corporation.]

Poll to be taken 27. (1) When a ward election 1* * * is contested, 2[a poll shall be
when a ward
election is taken on any day, being a day not earlier than the twenty-first day, after the
contested.
day fixed for the election]. At such poll, the municipal election roll, which
was in operation on the day fixed for the election, shall be deemed to be the
roll to which reference must be made for the purposes of the election.
Names of (2) At least 3[three] days before the day of the poll, 4[the State Election
candidates
validly Commissioner] shall cause the names of all the persons validly nominated,
nominated to
be published. with their respective abodes and descriptions, 5* * * to be published in
the 6[Official Gazette ] and 7[by displaying the names of persons so nominated
wardwise, on the notice-board of each respective ward-office].

Prohibition of 8
[27A. (1) No person shall, on the date or dates on which a poll is taken
canvassing in
or near polling at any polling station, commit any of the following acts within the polling
stations.
station or in any public or private place within a distance of one hundred
yards of the polling station, namely :—
(a) canvassing for votes ; or
(b) soliciting the vote of any voter; or
(c) persuading any voter not to vote for any particular candidate ; or
(d) persuading any voter not to vote at the election ; or
(e) exhibiting any notice or sign (other than an official notice) relating
to the election.

1
The words repealed by Bom. 6 of 1922, s. 15, are omitted.
2
This portion was substituted by Mah. 43 of 1983, s. 5.
3
The word “ three ” was substituted for the word “ four ” by Bom. 10 of 1928, s. 3(a)
4
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 21.
5
Words repealed by Bom. 10 of 1928, s. 3(b), are omitted.
6
The words “ Official Gazette ” were substituted for words “ Bombay Government Gazette ” by the
Adaptation of Indian Laws Order in Council.
7
These words were substituted for the words “ in the local news-papers ” by Mah. 33 of 1989, s. 5.
8
Sections 27A to 27C were inserted by Bom. 51 of 1955, s. 3.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 33

(2) Any person who contravenes the provisions of sub-section (1) shall, on
conviction, be punished with fine which may extend to two hundred and fifty
rupees.
(3) Any offence punishable under this section shall be congnizable.

[27AA. (1) No person shall convene, hold or attend any public meeting
1 Prohibition of
public
in any polling area during the period of forty-eight hours ending with the meetings on
the day
hour fixed for the conclusion of the poll for any election in that polling area. preceding the
day of poll and
(2) Any person who contravenes the provision of sub-section (1) shall, on on the day of
poll.
conviction, be punished with fine which may extend to two hundred and fifty
rupees].

27B. (1) No person shall, on the date or dates on which a poll is taken at Penalty for
disorderly
any polling station ,— conduct in or
near polling
(a) use or operate within or at the entrance of the polling station, or in stations.

any public or private place in the neighbourhood thereof, any apparatus

for amplifying or reproducing the human voice, such as, a 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,
so as to cause annoyance to any person visiting the polling station for the
poll, or so as to interfere with the work of the officers and other persons on
duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention
of, the provisions of sub-section (1) shall, on conviction, be punished with
fine which may extend to two hundred and fifty rupees.
(3) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under this
section, he may direct any police officer to arrest such person, and thereupon
the police officer shall arrest him.

(4) Any police officer may take such steps and use such force as may be
reasonably necessary for preventing any contravention of the provisions of
sub-section (1) and may seize any apparatus used for such contravention.

1
This section was inserted by Mah. 43 of 1983, s. 6.
 L-1 H 4094
34 Mumbai Municipal Corporation Act [1888 : Bom. III
Penalty for 27C. (1) Any person who during the hours fixed for the poll at any polling
misconduct at
polling station misconducts himself or fails to obey the lawful directions of the
stations. presiding officer may be removed from the polling station by the presiding
officer or by any police officer on duty or by any person authorised in this
behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to
prevent any voter who is otherwise entitled to vote at a polling station from
having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station
re-enters the polling station without the permission of the presiding officer,
he shall on convition, be punished with fine which may extend to two hun-
dred and fifty rupees.
(4) An offence punishable under sub-section (3) shall be cognizable.]
Provisions
respecting [28. With respect to the contested ward elections, the following
1

contested provisions shall have effect, namely :—

ward
elections. (a) 2[votes shall be given by ballot in such manner as may be prescribed by
the rules made under section 29] 3[or by electronic voting machine.] No votes
shall be received by proxy;
(b) no votes shall be received for any candidate whose name has not been
published by 4[the State Election Commissioner] under sub-section (2) of
section 27 as having been validly nominated;
5
[(c) no person shall vote at a general election in more than one ward and
if a person votes in more than one ward his votes in all such wards shall be
void;
(ca) no person shall at any election vote in the same ward more than once
notwithstanding that his name may appear in the municipal election roll for
that ward more than once 6* * * * * * *
* * *, and if a person votes in the same ward more than once all his
votes in that ward shall be void;]
7
[(d) * * * * * *
(f) * * * * * *]
8
[(g) the person who has the greatest number of valid votes shall be deemed
to be elected;]
(h) where an equality of votes is found to exist between any candidates
and the addition of a vote would entitle any of those candidates to be declared
elected the determination of the person or persons to whom such additional
vote shall be deemed to have been given shall be made by the lot to be drawn
in the presence of 9[the State Election Commissioner] in such manner as he
shall determine;
(i) if a candidate is elected councillor for more than one ward, he shall,
within three days after receipt of written notice thereof from 9[the State
Election Commissioner] choose, by writing signed by him and delivered to
9
[the State Election Commissioner] or in his default 9[the State Election
1
Section 28 was substituted for the original section by Bom. 1 of 1925, s. 8.
2
These words and figures were substituted for words “votes shall be given by ballot and in person,” by
Mah. 43 of 1983, s. 7.
3
These words were inserted by Mah. 5 of 2005, s. 2.
4
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 22.
5
These clauses were substituted for clause (c) by Bom. 54 of 1955, s. 4.
6
The portion beginning with the words “ on the ground ” and ending with the words “ section 11 ” was
deleted by Mah. 8 of 1965, s. 14(a).
7
Clauses (d) and (f) were deleted by Mah. 8 of 1965, s. 14(b).
8
Clause (g) was substituted by Mah. 8 of 1965, s. 14(c).
9
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 22.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 35

Commissioner] shall, when the time for choice has expired, declare for which
of the wards he shall serve and the choice or declaration shall be conclusive;
(j) when any such choice or declaration has been made, the votes recorded
for the candidate aforesaid in any ward for which he is not to serve shall be
deemed not to have been given and the candidate, if any, who but for the said
votes would have been declared to have been elected for such ward shall be
deemed to have been elected for the same ;
1
(k) [the State Election Commissioner] shall, as soon as may be, declare
the result of the poll specifying the total number of valid votes given for each
candidate 2 * * * and shall cause lists to be prepared for each ward,
specifying the name of all candidates, and the number of valid
3
* * * * votes given to each candidate. In accordance with such rules
as l[the State Election Commissioner] may frame for the purpose and on
payment of such fees as may be prescribed by him, a copy of such list shall be
supplied to any candidate of the ward and shall be available for inspection to
any voter of the ward.
[28A. (1) Every officer, clerk, agent or other person who performs any
4
Maintenance of
secrecy of
duty in connection with the recording or counting of votes at an election voting.
shall maintain and aid in maintaining the secrecy of the voting and shall not
(except for some purpose authorised by or under any law) communicate to
any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall, on
conviction, be punished with imprisonment for a term which may extend to
three months or with fine or with both.
5
28B. [(1) No person who is a presiding or polling officer at an election Officers,
or an officer or an employee appointed, designated or empowered by the etc., at
elections not
State Election Commissioner or such presiding officer to perform any duty to act for
in connection with an election shall, in the conduct or management of the candidates
or to
election do any act, other than the giving of vote, for the further-ance of the influence
prospects of the election of a candidate]. voting.

(2) No such person as aforesaid and no member of a police force shall

endeavour—
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-
section (2) shall, on conviction, be punished with imprisonment for a term
which may extend to six months or with fine or with both.
28C. (1) If any person to whom this section applies is without reasonable Breaches of
official duty in
cause guilty of any act or omission in breach of his official duty, he shall, on connection
conviction, be punished with fine which may extend to five hundred rupees. with elections.

(2) No suit or other legal proceedings shall lie against any such person for
damages in respect of any such act or omission as aforesaid.

1
These words were substituted for the words “Commissioner” by Mah. 41 of 1994, s. 22.
2
The words and figures “and he shall, as soon as may be, hear and decide all objections, if any, to or
regarding the poll, made to him in writing not later than 5 o’clock of the afternoon of the day after the
poll” were deleted by Bom. 1 of 1946, s. 12, read with Bom. 8 of 1948, s. 4.
3
The words “and the number of rejected” were deleted by Mah. 8 of 1948.
4
Sections 28A to 28I were inserted by Bom. 54 of 1956, s. 5.
5
Sub-section (1) was substituted by Mah. 41 of 1994, s. 23.
 L-1 H 4094
36 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) The persons to whom this section applies

2
are 1* * * presiding
officers, polling officers and any other [person or officer appointed,
designated or empowered] to perform any duty in connection with the
preparation of a municipal election roll, the receipt of nominations or
withdrawal of candidatures or the recording or counting of votes at an election
; and the expression “official duty” shall for the purposes of this section be
construed accordingly, but shall not include duties imposed otherwise than
by or under this Act.
Removal of 28D. (1) Any person, who at any election fraudulently takes, or attempts
ballot papers to take, a ballot paper out of a polling station, or wilfully aids or abets the
from polling
stations to be doing of any such act, shall, on conviction, be punished with imprisonment
an offence. for a term which may extend to one year or with fine which may extend to
five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under sub-
section (1), such officer may, before such person leaves the polling station,
arrest or direct a police officer to arrest such person and may search such
person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the
search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be
made over for safe custody to a police officer by the presiding officer, or
when the search is made by a police officer, shall be kept by such officer in
safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
Other 28E. (1) A person shall be guilty of an offence if at any election he—
offences
and (a) fraudulently defaces or fraudulently destroys any nomination paper;
penalties or
therefor.
(b) fraudulently defaces, destroys or removes any list, notice or other
document affixed by or under the authority of 3[the State Election
Commissioner]; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or
the officials mark on any ballot paper; or
(d) without due authority supplies any ballot paper to any person; or
(e) fraudulently puts into any ballot box anything other than the ballot
paper which he is authorised by law to put in ; or
(f) without due authority destroys, takes, opens or otherwise interferes
with any ballot box or ballot papers then in use for the purposes of the
election ; or
(g) fraudulently or without due authority, as the case may be, attempts
to do any of the foregoing acts or wilfully aids or abets the doing of any
such acts.
(2) Any person guilty of an offence under this section shall—
(a) if he is 4 * * a presiding officer at a polling station or any other
officer or clerk employed on official duty in connection with the election,
on conviction, be punished with imprisonment for a term which may extend
to two years or with fine or with both;
(b) if he is any other person, on conviction, be punished with imprison-
ment for a term which may extend to six months or with fine or with both.

1
The words “ the Commissioner ” were deleted by Mah. 41 of 1994, s. 24(a).
2
These words were substituted for the words “persons appointed” by Mah. 41 of 1994, s. 24(b).
3
These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 25(a).
4
The words “the Commissioner” were deleted by Mah. 41 of 1994, s. 25(b).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 37

(3) For the purposes of this section, a person shall be deemed to be on

official duty if his duty is to take part in the conduct of an election or part of
such election including the counting of votes or to be responsible after such
election for the used ballot papers and other documents in connection with
such election; but the expression “ official duty ” shall not include any duty
imposed otherwise than by or under this Act.
(4) An offence punishable under clause (b) of sub-section (2) shall be
cognizable.
28F. A person shall be deemed to have committed a corrupt practice What is a
corrupt
within the meaning of section 33,— practice.
(i) who, with a view to including any voter to give or to refrain from
giving a vote in favour of any candidate, offers or gives any money or valu-
able consideration, or holds out any promise of individual profit or holds
out any threat of injury, to any person ; or
(ii) who gives, procures or abets the giving of a vote in the name of a
voter who is not the person giving such vote ; or
(iii) who hires or procures, whether on payment or otherwise, any vehicle
or vessel for the conveyance of any voter to, or from, any polling station :
Provided that—
(a) the hiring of a vehicle or vessel by a candidate for himself or his family
or an election agent shall not be deemed to be a corrupt practice under this
section ;
(b) the hiring of a vehicle by a voter or by several voters at their joint cost
for the purpose of conveying him or them, to, or from, any such polling station
shall not be deemed to be corrupt practice under this section, if the vehicle
or vessel so hired is a vehicle or vessel not propelled by mechanical power ;
(c) the use of any public transport vehicle or vessel or any tram-car or
railway carriage by any voter at his own cost for the purpose of going to, or
coming from, any such polling station shall not be deemed to be a corrupt
practice under this section.
And a corrupt practice shall be deemed to have been committed by a
candidate, if it has been committed with his knowledge and consent with
reference to the election.
Explanation.—The expression “ a promise of individual profit ”—
(i) does not include a promise to vote for or against any particular
measure which may come before the corporation for consideration, but
(ii) subject thereto, includes a promise for the benefit of the person
himself or any person in whom he is interested.
28G. (1) (a) Whoever in any election directly or indirectly, by himself, or Corrupt
practices,
by any other person on his behalf, shall, with a view to inducing any voter to criminal
give or to refrain from giving a vote in favour of any candidate, offer or give offences and
procedure.
any money or valuable consideration or hold out any promise of individual
profit or hold out any threat of injury to any person, or
(b) whoever shall give, procure or abet the giving of a vote in the name of
a voter, who is not the person giving such vote, or
(c) whoever hires or procures any vehicle or vessel for the conveyance of
any voter to, or from, a polling station in the circumstance described in clause
(iii) of section 28F,
shall be liable to a fine not exceeding two hundred rupees for every such
offence.

H 4094—10
 L-1 H 4094
38 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) Whoever, being qualified to vote any election claiming to be so qualified

accepts or obtains or agrees to accept or attempts to obtain for himself or for
any other person any money or valuable consideration or any individual profit
as a motive or reward for giving or for bearing to give his vote in any such
election shall be liable to a fine not exceeding one hundred rupees for every
such offence.
Explanation.—In sub-sections (1) and (2) “individual profit” includes a
benefit accruing to the person himself or to anyone in whom he is interested.
It does not include a promise to vote for or against any measure which may
come before the corporation for consideration.
l
[(2A) Whoever in connection with any election, directly or indirectly, by
himself or by any other person on his behalf, promotes or attempts to promote
feelings of enmity or hatred, between different classes of the citizens of India
on grounds of religion, race, caste, community or language, shall be punishable
with imprisonment for a term which may extend to three years, or with fine,
or with both.]
(3) Every person convicted under sub-section (1) or sub-section (2) 2[or
sub-section (2A)] shall, for such period not exceeding seven years from the
date of the conviction as the Court may direct, be disqualified from voting at
any election.
(4) No court shall take cognizance of any offence under this section except
on the complaint of the Judge who has held an enquiry under section 33 or
before whom such enquiry is pending.
(5) No prosecution for an offence under this section shall be instituted
except within six months next after the date of the declaration of the result
of the election.
(6) An appeal shall lie to the High Court against any sentence order passed
by a Magistrate under sub-section (1), sub-section (2) 3[, sub-section (2A)] or
sub-section (3).

Adjournment 28H. (1) If at an election the proceedings at any polling station are
of poll in interrupted or obstructed by any riot or open violence, or if at an election it
emergencies.
is not possible to take the poll at any polling station on account of any natural
calamity, or any other sufficient cause, 4[the State Election Commissioner,
or subject to such directions as the State Election Commissioner may issue
in this behalf, the presiding officer for such polling station, as the case may
be, shall announce an adjournment of the poll to a date to be notified later,
and where the poll is so adjourned by the presiding officer, he shall forthwith
inform the State Election Commissioner].
(2) Whenever a poll is adjourned under sub-section (1), 5[the State Election
Commissioner] shall, as soon as may be, appoint the day on which the poll
shall recommence and fix the polling station, at which, and the hours during
which, the poll will be taken and shall not count the votes cast at such election
until such adjourned poll shall have been completed.
(3) The notice of the polling station and the date and hours fixed under sub-
section (2) shall be published by 6[the State Election Commissioner] in the
Official Gazette and in the local newspapers atleast three days before the
date of the fresh poll.
1
Sub-section (2A) was inserted by Mah. 21 of 1989, s. 3(a).
2
The words, brackets, figure and letter were inserted by Mah. 21 of 1989, s. 3 (b).
3
These words, brackets, figure and letter were inserted by Mah. 21 of 1989, s. 3 (c).
4
This portion was substituted for the portion beginning - with the words “ the presiding officer for ” and
ending with the words “ inform the Commissioner ” by Mah. 41 of 1994, s. 26(a).
5
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 26 (b).
6
These wocds were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 26 (c).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 39

28I. (1) If at any election any ballot box or boxes is or are unlawfully Fresh ballot in
1 the case of
taken out of the custody of [the State Election Commissioner] or any destruction,
presiding officer or is or are in any way tampered with, or is or either etc., of ballot
boxes.
accidentally or intentionally destroyed or lost, the election to which such
ballot box or boxes relate shall be void, but only in respect of the polling at
the polling station or stations at which such ballot box or boxes was or were
used and no further.
(2) Whenever the polling at any polling station or stations shall become
1
void under sub-section (1), [the State Election Commissioner] shall, as soon
as practicable after the act or event causing such voidance has come to his
knowledge, appoint a day for the taking for fresh poll in such or every such
polling station and fix the hours during which the poll will be taken and
shall not count the votes cast at such election until such fresh poll shall have
been completed.
(3) The notice of the polling station and the date and hours fixed under
1
sub-section (2) shall be published by [the State Election Commis-sioner] in
the Official Gazette and in all local newspapers atleast three days before the
date of the fresh poll.]
[29. 3[Subject to the provisions of this Act 4[the State Government may,
2 9
[State
Government]
in consultation with the State Election Commissioner], make rules for the may make
conduct of elections, and in particular providing— rules for the
5 conduct of
[(aa) * * * * * * * elections.
(a) for the appointment of polling stations for each ward ;
(b) for the appointment of 6 [presiding officers and polling officers]
and other persons to assist at the poll and for the remuneration of
such 6[presiding officers and polling officers] and other persons for their
services ;
(c) for the hours during which polling stations shall be open for the re-
cording of votes ;
(d) for the printing and for the issue of voting papers ;
(e) for the checking of voters by reference to the 7[municipal election]
roll;
8
[(ee) with a view to preventing personation, for the making with
indelible ink of the left fore-finger or any other finger of every voter
applying for a ballot paper including the provision for the withdrawal of
the issue of a ballot paper to any voter who refuses to allow indelible ink
mark to be put on his left fore-finger or any other finger or who has been
found to have such indeliable ink mark on his left fore-finger or any other
finger;]
(f) for the manner in which votes are to be given and in particular for
the case of illiterate voters or of voters under physical or other disability ;

1
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 27.
2
This new section 29 was inserted by Bom. 1 of 1925, s. 9. The original section 29 was repealed by Bom.
6 of 1922.
3
Section 29(1) was renumbered as section 29 by Bom. 24 of 1936, s. 2. Sch.
4
These words were substituted for the words “the Corporation shall, with the sanction of the State
Government” by Mah. 41 of 1994, s. 28(a).
5
Clause (aa) was deleted by Mah. 20 of 1980, s. 5.
6
These words were substituted for the words “Polling Officers” by Bom. 54 of 1955, s. 6(1).
7
The words “municipal election” were substituted for the word “electoral” by Bom. 1 of 1946, s. 13, read
with Bom. 8 of 1948, s. 4.
8
This clause was inserted by Bom. 54 of 1955, s. 6(2).
9
These words were substituted for the words “ The Corporation” by Mah. 41 of 1994, s. 28(c).
H 4094—10a
 L-1 H 4094
40 Mumbai Municipal Corporation Act [1888 : Bom. III

(g) for the procedure to be followed in respect of challenged votes, or

tender of votes by persons representing themselves to be electors, after
other persons have voted as such electors ;
(h) for the security of votes ;
(i) for the safe custody of ballot papers and other election papers, for
the period for which such papers shall be preserved and for the inspection
and production of such papers ;
and may make such other rules regarding the conduct of the elections as it
thinks fit.]
1
[Provided that, any such rules may provide for charging of fees for any of
the purposes of the election.]
30. [Proceedings at Fellows’ elections.] Repealed by Bom. 48 of 1950, s. 14.
30A. [Proceedings at elections of co-opted councillors.] Repealed by Bom.
1 of 1925.
*31. [Proceedings at elections by the Chamber or Association.] Repealed
by Bom. 48 of 1950, s. 15.
31A. Repealed by Bom. 17 of 1931, s. 3.
Declaration 32. (1) The result of every election shall be declared 2 [in such
of results of
elections.
manner as the State Election Commissioner may think fit,] certifying the
names of the persons, if any, elected and in the case of a contested election,
the number of votes recorded for each candidate.
3
* * * * * * *
Election 33. (1) If the qualification of any person declared to be elected for being a
petitions to
be heard councillor is disputed, or if the validity of any election is questioned, whether by
and disposed reason of the improper rejection 4[by the State Election Commissioner] of a
of by Chief
Judge of the nomination or of the improper reception or refusal of a vote, or for any other
Small Cause cause 5[or if the validity of the election of a person is questioned on the ground
Court.
that he has committed a corrupt practice within the meaning of section 28F],
any person enrolled in the municipal election roll may, at any time, within 6[ten
days] 7[from the date on which the list prescribed under clause (k) of section 28
was available for sale or inspection 8* * *apply to the Chief Judge of
the Small Cause Court. 9[If the application is for a declaration that any particular
candidate shall be deemed to have been elected, the applicant shall make parties
to his application all candidates who, although not declared elected, have,
according to the results declared 4[by the State Election Commissioner] under
section 32, a greater number of votes than the said candidate, and proceed against
them in the same manner as against the said candidate.]
1
This proviso was added by Mah. 41 of 1994, s. 28(b).
2
These words were substituted, for the words “by fixing, as soon as may be after the election, in some
conspicuous place in the Chief Municipal Office, a notice signed by the Commissioner”, by Mah. 41 of
1994, s. 29.
3
Sub-section (2) was deleted by Bom. 48 of 1950, s. 16(2).
*Section 79 of Bom. 48 of 1950 reads as follows :—
Savings “ 79. Nothing in sections 2(1), (4) and (5), and 4 to 16 shall affect the constitution of the
Corporation, the Standing Committee, the Improvements Committee or any other Committee or
sub-committee as constituted or appointed under the said Act immediately before the comming into
operation of this Act and any casual vacancy in the office of a councillor or a member of any of the
said committees or sub-committees before the 1st day of April 1952 shall, subject to the provisions
of the said Act, be filled as if this Act had not been passed.”.
4
These words were substituted for the words “ by the Commissioner” by Mah. 41 of 1994, s. 30(a).
5
This portion was inserted by Bom. 54 of 1955, s. 7(1).
6
The words “ten days” were substituted for the words “fifteen days” by Mah. 10 of 1998, s. 6.
7
These words were substituted for the original words “after the result of the election has been declared”
by Bom. 1 of 1925, s 12.
8
The words “ in the Commissioner Office ” were deleted by Mah. 41 of 1994, s. 30(b).
9
These words were added by Bom. 5 of 1905, s. 5(i) (b).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 41

[(1A) The applicant shall, whenever so required by the Chief Judge, deposit
1

in the Court a sum of Rs. 500 in cash or Government securities of equivalent

value at the market rate of the day as security for any costs which the applicant
may be ordered to pay to other parties to the said application.]
(2) If the said Chief Judge, after making such inquiry as he deems
necessary, finds that the election was a valid election and that the person
whose election is objected to is not disqualified, he shall confirm the declared
result of the election. 2[If he finds that the person whose election is objected
to is disqualified for being a councillor, he shall declare such person’s election
null and void. If he finds that the election is not a valid election, he shall set
it aside. In either case he shall direct that the candidate, if any, in whose
favour the next highest number of valid votes is recorded after the said person
3
* * * * * * * * * *, and against
whose election no cause of objection is found, shall be deemed to have been
elected.]
4
[(2A) When an election of a person is questioned on the ground that he
has committed a corrupt practice within the meaning of section 28F, the
Chief Judge shall, if he is satisfied that a candidate has committed such
corrupt practice, declare a candidate disqualified both for the purposes of
that election and of such fresh election as may be held during the current
term of office of the councillors elected at the general election and shall set
aside the election of such candidate if he has been elected.]
(3) The said Chief Judge’s order shall be conclusive.
5
* * * * * * * *
(5) Every election not called in question in accordance with the foregoing
provisions shall be deemed to have been to all intents a good and valid
election.
[34. 7[(1) If at any general election or an election held to fill a casual
6 9
[Procedure if
election fails or
vacancy no councillor is elected, or the election of any councillor is set aside is set aside.
under sub-section (2) of section 33 and there is no other candidate who can
be deemed to be elected in his place under the said sub-section, 8[the State
Election Commissioner] shall appoint another day for holding a fresh election
and a fresh election shall be held accordingly.]
(2) A councillor elected under this section shall be deemed to have been
elected to fill a casual vacancy under section 9.]

Appointment of Councillor’s by 9
[State] Government.

35. [Appointments by 10[State] Government of councillors when to be

made.] Repealed by Bom. 13 of 1938, s. 14.

1
Sub-section (1A) was inserted by Bom. 1 of 1946, s. 14, read wilh Bom. 8 of 1948, s. 4.
2
These words were substituted for the original words by Bom. 5 of 1905, s. 5(2)
3
The words “ or after all the persons who were returned as elected at the said election ” were deleted by
Mah. 8 of 1965, s. 15.
4
This sub-section was inserted by Bom. 54 of 1955, s. 7(2).
5
Sub-section (4) was omitted by Bom. 28 of 1935, s. 3.
6
Section 34 was substituted for the original section by Bom. 28 of 1935, s. 3.
7
This sub-section was substituted by Mah. 8 of 1965, s. l6.
8
These words were substituted for the words “ the Commissioner ” by Mah. 41 of 1994, s. 31.
9
These words were substituted for the original words by Bom. 5 of 1905, s. 5(2)
10
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
 L-1 H 4094
42 Mumbai Municipal Corporation Act [1888 : Bom. III

Proceedings of the Corporation

Provisions 36. 1[(1)] The corporation shall meet for the despatch of business and
regulating the
corporation’s shall from time to time make such regulations with respect to the summoning-
proceedings. notice, place, management and adjournment of such meetings, and generally
with respect to the mode of transacting and managing the business of the
corporation 2[including the submission, asking and answering of questions
under section 66A] as they think fit, subject to the following conditions :—
3
[(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;
(b) the first meeting in the month of April, after general elections, shall
be held as early as conveniently may be in the said month on a day and at
a time and place to be fixed by the Commissioner, and if not held on that
day shall be held on some subsequent day to be fixed by the Commissioner;
(c) the day, time and place of meeting shall in every other case be fixed
by the Mayor, or in the event of the office of Mayor being vacant, or the
death or resignation of the Mayor or on his ceasing to be a councillor, or of
his being incapable of acting, by the Deputy Mayor or in the event of absence
of both by the Chairman of the Standing Committee;
(d) the Mayor or in any such event as aforesaid, the Chairman of the
Standing Committee may, whenever he thinks fit, and shall, upon a written
requisition signed by not less than one-sixth of the whole number of
Councillors call a special meeting ; ]
(e) every meeting shall be open to the public, unless a majority of the
councillors present thereat decide by a resolution, which shall be put by
the presiding authority, of his own motion or at the request of any councillor
present without previous discussion, that any inquiry or deliberation
pending before the corporation is such as should be held in private, and
provided that the presiding authority may at any time cause any person to
be removed who interrupts the proceedings ;
(f) if at any time during a meeting it shall be brought to the notice of the
presiding authority that the number of councillors present 4[inclusive of
the presiding authority, falls short of one-fifth of the whole number of
councillors], 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, 5[whenever there
is a quorum present] thereat or not ;
6
[(g) every meeting shall be presided over by the Mayor if he is present
at the times 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 ; ]

1
Section 36 was re-numbered as sub-section (1) of that section by Mah. 32 of 2011, s. 3.
2
These words, figures and letter were inserted by Bom. 23 of 1930, s. 2(b).
3
Clauses (a) to (d) were substituted by Mah. 27 of 1999, s. 5(a).
4
These words were substituted for the words “ fall short of twenty-five exclusive of the presiding
authority ” by Mah. 7 of 1950, s. 8 (ii).
5
These words were substituted for the words “ whether there be a quorum of
twenty-five members present ”, ibid.
6
Clause (g) was substituted by Mah. 27 of 1999, s. 5(b).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 43

(h) at least seven clear days’ notice shall ordinarily be given of every
meeting, other than an adjourned meeting, but in cases 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 1[by not less
than four members of the standing committee] upon a notice of not less
than three 2[clear days and of adjourned meetings] 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 3[other than questions under section 66A] and shall be given
by the Municipal Secretary by advertisement in the local newspapers
4
* * * * *;
(k) any councillor who desires at any meeting to bring forward any busi-
ness 5[other than any questions under section 66A] or to make any sub-
stantive 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 supple-
mentary 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;
6
[(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 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
Commis-sioner, as the case may be, with reference to any urgent business
brought by any of those authorities, respectively, before the meeting:
Provided that, no such urgent business as aforesaid shall be brought
before any meeting unless at least three-fourths of the councillors present
at such meeting, such three-fourths being not less than one-sixth of the
whole number of Councillors assent to its being brought forward thereat;

l
These words were substituted for the words “by the Mayor” by Mah. 27 of 1999, s. 5(c)(i).
2
These words were substituted for the words “clear days of adjourned meeting” by Mah. 27 of 1999,
s. 5(c)(ii).
3
These words, figures and letter were inserted by Bom. 23 of 1950, s. 2(ii).
4
The words “ and except in the case of adjourned meetings or of meetings called upon a requisition of
urgency, in the Official Gazette” were deleted by Mah. 51 of 1975, s. 3.
5
These words, figures and letter were inserted by Bom. 23 of 1950, s 2(iii).
6
Clause (l) was inserted by Mah. 27 of 1999, s. 5(d).
 L-1 H 4094
44 Mumbai Municipal Corporation Act [1888 : Bom. III

(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 1[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 condition mentioned in
the proviso to clause (n) has been fulfilled;
[(ma) notwithstanding anything contained in clauses (l) and (m), the
2

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 :
Provided that, at any adjourned meeting at which a budget-estimate is
under consideration a proposition involving any change such as is described
in clause (m), may be made and discussed, notwithstanding that such
proposition is not one remaining undisposed of at the meeting from which
the adjournment took place, if each of the following conditions has been
fulfilled, namely:—
(i) that written notice of such proposition has been given at the
meeting from which the adjournment took place;

1
These words were substituted for the words “ proposed to be imposed” by Mah. 10 of 1999, s. 5(e).
2
Clause (ma) was inserted by Mah. 27 of 1999, s. 5(f).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 45

(ii) that the adjournment has been for not less than 1[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, 2[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; 3[or any meeting held soon
thereafter, after confirmation by the Corporation of 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 4[a fee of fifty naye 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 5[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 (l), both
inclusive, of section 16, or in which he is professionally interested on behalf
of a client, principal or other person;
6
[(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 :
Provided that, the Councillors referred to in clause (b) of sub-section (1)
of section 5 shall not have the right to vote in any meeting of the
Corporation ;]
(r) a declaration by the presiding authority that a proposition has been
carried and an entry to that effect in the minute book shall, unless a poll
be demanded at the time of such declaration by not less than four councillors,
be conclusive evidence of the fact, without proof of the number of votes
given for or against the proposition ;
(s) when a poll is taken, the vote of each councillor present and voting
upon the proposition shall be taken by tellers appointed by the presiding
authority and the names of the councillors voting respectively for or against
the propositions shall be recorded in the minute-book ;
7
[(t) the Commissioner or where the Commissioner is unable to attend
owing to absence or illness or for any other reasonable cause, an officer

1
This word was substituted for the word “ three ” by Bom. 76 of 1948, s. 2.
2
These words were substituted for the words “ be drawn up and fairly entered ” by Mah. 1 of 1964,
s.2(a).
3
These words were inserted by Mah. 1 of 1964, s. 2(b).
4
These words were substituted for the words “ a fee of eight annas”, by Mah. 1 of 1964, s. 2(c).
5
These words, figures and letter were inserted by Bom. 23 of 1930, s. 2(v).
6
Clause (q) was inserted by Mah. 27 of 1999, s. 5(j).
7
Clauses (t) was substituted for the original by Mah. 32 of 2011, s. 3(a).
H 4094—11
 L-1 H 4094
46 Mumbai Municipal Corporation Act [1888 : Bom. III

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
1

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.]
[(2) Where, any proposal of the Commissioner requires sanction or
2

approval of the corporation, the corporation shall consider and dispose of

any such proposal within ninety days reckoned from the date of the meeting
of the corporation held immediately after the proposal is received by the
Municipal Secretary, whether the item pertaining to such proposal is taken
on the agenda of such meeting or not, failing which the sanction or approval
to such proposal shall be deemed to have been given by the corporation,
and a report to that effect shall be made by the Commissioner to the
Government and he shall take further action as per the directives of the
Government :
Provided that, any such deemed sanction or approval shall be restricted
to the extent the proposal conforms to the provisions of this Act or any
other law for the time being in force.]

[36A. (1) The 4[presiding authority] shall preserve order and may direct
3

any councillor whose conduct is in his opinion grossly disorderly to withdraw

immediately from the meeting of the corporation. Any councillor so ordered
to withdraw shall do so forthwith and shall absent himself during the
remainder of the day’s meeting. If any councillor is ordered to withdraw a
second time within 15 days, the 4[presiding authority] may suspend the
councillor from attending the meetings of the corporation for any period not
exceeding 15 days and the councillor so directed shall absent himself
accordingly :

1
Clause (u) was added by Mah. 27 of 1999, s. 5(h).
2
Sub-section (2) was added by Mah. 32 of 2011, s.3(b).
3
New section 36A was inserted by Bom. 10 of 1928, s. 6.
4
The words “ presiding authority ” were substituted for the word “ President ” by Bom. 21 of 1931, s.
2(ii).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 47

Provided that the 1[presiding authority] may remit the period of suspension
on apology being made to his satisfaction by the councillor under suspension :
Provided also that such suspension from the service of the corporation
shall not prevent any councillor from serving on any committee.
(2) The l[presiding authority] may, in the case of grave disorder arising in
the meeting, suspend the meeting for a period not exceeding three days.]
[37. 3[(1) The Corporation shall, subject to the provisions of sub-section
2
Mayor and
(2), at its first meeting after the general elections, elect from amongst the Deputy Mayor.

Councillors one of its number to be the Mayor and another to be Deputy

Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a
half years :
Provided that, the term of the Mayor and the Deputy Mayor in office on
Mah. the date of coming into force of the Maharashtra Municipal Corporations
XXV of
2000. (Amendment) Act, 2000 shall be extended to, and be co-terminus with, the
term of the office of the elected Councillors :
Provided further that, the roster relating to the reservation of the office of
the Mayor shall be deemed to have been amended to provide for the extended
tenure of the Mayor.]
(2) There shall be reservation for the office of the Mayor in the Corporation,
by rotation, for the Scheduled Castes, the Scheduled Tribes, Women and the
Backward Class of citizens, in the prescribed manner.
4
[(2A) Every person desirous of contesting election to the ofice of the Mayor
reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be,
Backward Class of Citizens, shall be required to submit, alongwith the
nomination paper, Caste Certificate issued by the Competent Authority and
the Validity Certificate issued by the Scrutiny Committee in accordance with
Mah. provisions of the Maharashtra Scheduled Castes, Scheduled Tribes,
XXIII De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
of 2001.
and Special Backward Category (Regulation of Issuance and Verification of)
Caste Certificate Act, 2000] :
5
[Provided that, for the election for the office of the Mayor for which the
last date of filing of nomination falls on or before the 31st December 2017, a
person who has applied to the Scrutiny Committee for the verification of his
Caste Certificate before the date of filing the nomination papers but who has
not received the validity certificate on the date of filing of the nomination
papers shall submit, alongwith the nomination papers,-
(i) a true copy of the application preferred by him to the Scrutiny
Committee for issuance of the validity certificate or any other proof of having
made such application to the Scrutiny Committee; and
(ii) an undertaking that he shall submit, within a period of six months
from the date of his election, the validity certificate issued by the Scrutiny
Committee:
Provided further that, if the person fails to produce the validity certificate
within a period of six months from the date of his election, his election shall
be deemed to have been terminated retrospectively and he shall be
disqualified for being the Mayor.]
1
The words “ presiding authority ” were substituted for the word “ President ” by Bom. 21 of 1931, s.
2(ii).
2
Section 37 was substituted by Mah. 27 of 1999, s. 6.
3
Sub-section (1) was substituted by Mah. 25 of 2000, s. 2.
4
Sub-section (2A) was inserted by Mah. 7 of 2009, s. 2.
5
These provisos were added by Mah. 13 of 2015, s. 3.
H 4094—11a
 L-1 H 4094
48 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) The Mayor and the Deputy Mayor shall hold office until a new Mayor
and a new Deputy Mayor have been elected under sub-section (1) and, in a
year in which general elections have been held, shall do so notwithstanding
that they have not been returned as Councillors on the results of the elections.
(4) Notwithstanding anything contained in sub-section (1), on the date of
commencement of the Mumbai Municipal Corporation (Amendment) Act, Mah.
XXVII of
1999, the term of office of the Mayor, who is in office on the said date, shall be 1999.
deemed to have come to an end and he shall have vacated his office on the
said date. The Mayor in office having so vacated his office, the first meeting
for the purpose of election of the new Mayor, after the said date, shall be
held by the Commissioner, within a period of seven days from the said date
and all other provisions of this Act relating to such election shall, mutatis
mutandis, apply :
Provided that, the Mayor in office immediately before the said date shall
continue till the new Mayor enter the office.
(5) A retiring Mayor or Deputy Mayor shall be eligible for re-election to
either office.
(6) The Deputy Mayor may resign his office at any time by notice in writing
to the Mayor and the Mayor may resign his office at anytime by notice in
writing to the Corporation.
(7) If any casual vacancy occurs in the office of the Mayor or the Deputy
Mayor, the Corporation shall as soon as conveninently after the occurrence
of the vacancy, choose one of its number to fill the vacancy and every Mayor
or Deputy Mayor so elected shall hold office so long only as the person in
whose place he is appointed would have been entitled to hold it if the vacancy
had not occurred].
[(8) The Mayor or the Deputy Mayor may be removed from the office by
1

the State Government, if he fails to convene two consecutive meetings of the

corporation as specified by or under this Act, and the Mayor or Deputy Mayor
so removed shall not be eligble for re-election or re-appointment as Mayor
or, as the case may be, Deputy Mayor during the remainder term of his office :
Provided that, no such Mayor or Deputy Mayor shall be removed from
office, unless he has been given a reasonable opportunity to furnish an
explanation :
Provided further that, removal of the Mayor or Deputy Mayor from the
office under this sub-section shall not affect his continuance as a Councillor
for the remainder term of his office.]

Leader of [37IA. (1) An elected Councillor who is, for the time being, the leader of
2
Opposition.
the party in opposition, having great numerical strength and recognised as
such by the Mayor, shall be the Leader of the Opposition.

1
Sub-section (8) was added by Mah. 32 of 2011, s. 4.
2
Section 37IA was substituted for sections 37IA to 37IE by Mah. 27 of 1999, s. 7.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 49

Explanation.—Where there are two or more parties in the opposition,

having the same numerical strength, the Mayor shall, having regard to the
status of the party, recognise any one of the leaders of such parties as a
Leader of the Opposition for the purposes of this Act and such recognition
shall be final and conclusive.
(2) There shall be paid to the Leader of the Opposition such honoraria
and allowances and other facilities as may be provided by regulations made
in this behalf by the Corporation.]
[37IA-I. (1) An elected Councillor who is, for the time being, the Leader
1 Leader of the
House.
of the party having the greatest numerical strength and recognised as such
by the Mayor shall be the Leader of the House.
Explanation.—When there are two parties in ruling, having the same
numerical strength, the Mayor shall, having regard to the status of the party,
recognise the Leader of any one of such parties to be the Leader of the House.
(2) There shall be paid to the Leader of the House such honoraria and
allowances and other facilities as may be provided by regulations made in
this behalf by the Corporation.]
2
[Honoraria, Fees and Allowances
37A. (1) With the previous sanction of the State Government, the Honoraria,
fees or
Corporation may pay 3[Mayor and Deputy Mayor], each councillor such allowances.
honoraria, fees or other allowances as may be prescribed by rules made by
the Corporation under this section :
[Provided that the non-councillor members of the Education Commi-ttee
4

shall be paid a fee of rupees one hundred per diem in lieu of honorarium and
sitting allowance and the maximum of such fees shall not exceed rupees four
hundred per month.]
5
[(2) The Corporation shall place at the disposal of the Mayor 6* * *
annually, such amount as sumptuary allowance, as the State Government
may, from time to time, by an order dertermine.]
(3) Notwithstanding anything contained in section 16, the receipt by a
councillor of any honorarium, fee or allowance as aforesaid shall not disqualify
any person for being elected or being a councillor.
7
* * * * *

1
This section was inserted by Mah. 11 of 2002, s. 3.
2
This heading and section 37A were inserted by Bom. 13 of 1958, s. 2.
3
These words were substituted for the words “the Chairperson of the Corporation, the Deputy Chair-
person, the Mayor, the Deputy Mayor, the members of the Mayor-in-Council” by Mah. 27 of 1999,
s. 8 (a) (i).
4
This proviso was inserted, by Mah. 27 of 1999, s. 8 (a) (ii).
5
Sub-section (2) was subsituted by Mah. 21 of 1989, s. 4.
6
The words “ the Chairperson of the Corporation and the Deputy Chairperson” were deleted by Mah.
27 of 1999, s. 8 (b).
7
Section 37B was deleted by Mah. 27 of 1999, s. 9.
 L-1 H 4094
50 Mumbai Municipal Corporation Act [1888 : Bom. III

Committees
Appointment *38. The corporation may from time to time appoint 1[as laid down by
of
consultative
the regulations made in this behalf] out of their own body such and so many
committees committees consisting of such number of persons, and may refer to such
for special
purposes. committees for inquiry and report or for opinion, such special subjects relating
to the purposes of this Act as they shall think fit.
Special 2
[38A. (1) The Corporation may, from time to time, appoint, out of their
committees of
the own body, special committees including the Women and Child Welfare
Corporation. Committee and may by specific resolution carried by a vote of at least two-
thirds of the members of the Corporation present at the meeting delegate
any of their powers and duties to such committees, and may also by a like
resolution define the sphere of business of each special committee so
appointed, and direct that all matters and questions included in any such
sphere shall, in the first instance, be placed before the appropriate committee
and shall be submitted to the Corporation with such committee’s
recommendation.
(1A) On the Women and Child Welfare Committee not less than seventy-
five per cent. of the members shall be from amongst women Councillors.
Explanation.— For the purpose of computing the number of members at
seventy-five per cent., fraction, if any, shall be rounded off to one.
(2) Every special committee shall conform to any instructions that may,
from time to time, be given to them by the corporation.
(3) The Corporation may, at any time, dissolve or subject to any rules made
by them in this behalf alter the constitution of any special committee.
(4) Every special committee shall appoint two of their members to be their
Chairperson and Deputy Chairperperson :

1
These words were inserted by Mah. 10 of 1998, s. 13.
2
Sections 38A to 50S were substituted for section 38A by Mah. 27 of 1999, s. 10.
*Section 26 of Mah. 21 of 1992 reads as under :—
Reconstitution “ 26. Where, by virtue of the amendments made to the relevant municipal law whereby the number
of of members on various committees of the Municipal Corporation or, as the case may be, the Municipal
Committees.
Council has been increased, arrangements shall, as soon as may be practicable, be made to reconstitute
the committees with the increased number of its members, and notwithstanding anything contained in
the relevant municipal law,—
(a) the term of office of the members who come to hold office as such members against the increased
number of members on the committee shall expire with the expiry of term of office of the members
holding-office as such member on the committee on the date of its reconstitution as aforesaid ;
(b) no act or proceeding of any committee shall be deemed to be invalid at any time merely on the
ground that no members against the increased seats were available to take office during the
period from the date of commencement of this Act and ending on the date of reconstitution of the
committee ; and
(c) the validity of such act or proceeding shall not be questioned in any court or before any authority
or officer merely on the ground aforesaid.
Explanation.—The expression “ relevant municipal law ”,—
(a) in relation to the Municipal Corporation of Greater Bombay means, the Bombay Municipal Bom. III
Corporation Act ; of 1888.

(b) in relation to the Corporation of the City of Nagpur means, the City of Nagpur Corporation Act, C. P.
1948 ; and
Berar
II of
1950.
(c) in relation to the Municipal Corporation of any other City means, the Bombay Provincial Municipal Bom. LIX
Corporations Act, 1949 ; of 1949.

(d) in relation to a Municipal Council means, the Maharashtra Municipalities Act, 1965.”. Mah. XL
of 1965.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 51

Provided that, no member shall, at the same time, be the Chairman of

more than one special committee :
Provided further that, the Chairperson and the Deputy Chairperson on
the Women and Child Welfare Committee shall be from amongst the Women
Councillor members thereof.
(5) In the absence of the Chairperson or Deputy Chairperson, the members
of the special committee present, shall choose one of their members to preside
over their meeting.
(6) All the proceedings of every special committee shall be subject to
confirmation by the corporation :
Provided that, any special committee may by a resolution supported by at
least one-half of the whole number of members of the committee direct that
action be taken in accordance with the decision of such committee without
waiting for confirmation of their proceedings by the Corporation, if the
committee considers that serious inconvenience would result from delay in
taking such action; but if the Corporation do not confirm the proceedings of
the special committee, such steps shall be taken to carry out any orders passed
by the Corporation as may still be practicable :
Provided further that, if, in delegating any of their powers or duties to a
special committee under sub-section (1), the Corporation direct that the
decision of the special committee shall be final, then so much of the
proceedings of the special committee as relate to such powers or duties shall
not be subject to confirmation by the Corporation if such decision is supported
by at least one-half of the whole number of members of the committee.
(7) The Corporation may make rules for regulating the constitution of
special committees and the conduct of business at meetings of such
committees, and for the keeping of minutes and the submission of reports.

38B. The Standing Committee, the Improvements Committee or the Special

committees of
Education Committee may, from time to time, by a resolution, carried by a the Standing
vote of at least two-thirds of their members present at the meeting, delegate Committee, the
improvements
to any special committee appointed under section 38A any of their powers Committees or
and duties in respect of any matter with which such special committee are the Education
Committee.
competent to deal, or refer to any such committee any such matter for disposal
or report, and every such special committee shall conform to any instructions
that may, from time to time, be given to them by the Standing Committee,
the Improvements Committee, or the Education Committee, as the case may
be, in this behalf :
Provided that every such resolution shall be reported by the Standing
Committee, the Improvements Committee or the Education Committee, as
the case may be to the Corporation as soon as possible, and the Corporation
may at any time cancel such resolution.

38C. The Improvements Committee may, from time to time, appoint out Appointment of
sub-
of their own body sub-committees consisting of such number of persons as committees by
the Improvements Committee may think fit and may refer to such sub- the
Improvements
committees for inquiry and report or for opinion any matter with which the Committee.
Improvements Committee is competent to deal under the provisions of this
Act.
 L-1 H 4094
52 Mumbai Municipal Corporation Act [1888 : Bom. III
Appointment of 39. (1) The Corporation may appoint a Primary Education Consultative
primary
Education Committee.
Consultative
Committee. (2) Such committee may be appointed by the Corporation either by itself
or in consultation with the State Government.
(3) The constitution of such Committee shall be as provided by by-laws
made under section 461.
(4) The Corporation may by any agreement with the State Government in
this behalf refer to such Committee for inquiry and report or for opinion any
question relating to the purposes of clause (a) of section 61.

A Committee 40. The Corporation may, for the purpose of giving effect to measures
may be
appointed for
and, arrangements in furtherance of secondary education or any branch of
other technical or other instructions, appoint or join in appointing a committee as
educational
purposes. may be determined by any by-law made under section 461, and such committee
shall have in relation to the branch of education and the institutions for which
it is appointed, the like powers and duties as are herein assigned to the
Education Committee, save as the same may be varied by any by-law made
under the said section.
Appointment 41. The Corporation, either singly or in concurrence with the State
of Hospital
Committee. Government, may appoint a Hospital Committee with such constitution,
powers and duties with respect to hospitals and institutions for the benefit
of the aged, sick and infirm, vesting wholly or partly in the corporation and
supported or aided out of its funds as may be defined and provided by by-
laws made under section 461 or by any agreement made with the State
Government in this behalf.
Constitution 42. The Standing Committee shall consist of twenty seven councillors.
of Standing
Committee.

Members of 43. (1) The Corporation shall at their first meeting in the month of April,
the Standing
Committee after general elections, appoint twenty six persons out of their own body to
when to be
appointed. be members of the Standing Committee.
(2) The Chairman of the Education Committee shall also be a member of
the Standing Committee.
Appointment 44. (1) The Standing Committee shall at their first meeting in each official
of Chairman
of Standing year appoint one of their own number to be their Chairman until the first
Committee.
meeting of the said Committee in the next following official year.
(2) A member of the Standing Committee who ceases to be Chairman shall
be re-eligible.
(3) If any casual vacancy occurs in the office of Chairman, the Standing
Committee shall, as soon as they conveniently can after the occurrence of
such vacancy, choose one of their number to fill such vacancy and every
Chairman so chosen shall continue in office so long only as the person in
whose place he is appointed would have been entitled to continue if such
vacancy had not occurred.
Members of 45. (a) One-half of the members of the Standing Committee shall retire at
the Standing
Committee noon on the first day of April every year.
to retire by
rotation. (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.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 53

(c) During the succeeding years, the members who shall retire under this
section shall be the members who were longest in office :
Provided that, in the case of a member who has been 1[re-appointed] the
term of his office for the purposes of this clause shall be computed from the
date of his 2[re-appointment].
(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.
46. (1) The Corporation shall at their ordinary meeting in the month of Appointment
of members
March appoint fresh members of the Standing Committee to fill the offices of of Standing
Committee
those previously appointed by them who retire from time to time as aforesaid. to replace
(2) Any councillor who ceases to be a member of the Standing Committee those who
retire.
shall be re-eligible.
46A. Any member of the Standing Committee who absents himself during Members of
the Standing
three successive months from the meetings of the Committee, except on Committee
account of temporary illness or other cause to be approved by the Committee absenting
himself for
or absents himself from or is unable to attend the meeting of the Committee three
months from
during eight successive months, from any cause whatever, whether approved mettings to
vacate seat.
by the Committee or not, shall cease to be a member of the Standing
Committee and his seat shall thereupon be vacant.
47. In the event of non-acceptance of office by a councillor appointed to Casual
vacancies in
be a member of the Standing Committee or of the death, resignation or the Standing
disqualification of a member of the said Committee or of his becoming Committee
how to be
incapable of acting previous to the expiry of his term of office or of his seat filled up.

becoming vacant under section 46A the vacancy shall be filled up as soon as
it conveniently may be, by the appointment of a person thereto, who shall
hold office so long only as the member in whose place he is appointed would
have been entitled to hold it, if the vacancy had not occurred.
48. The Standing Committee in existence on the day for the retirement Each Standing
Committee to
of councillors shall continue to hold office until such time as a new Standing continue in
office till a new
Committee is appointed under section 43, notwith-standing that the members Committee is
of the said Committee or some of them may no longer be Councillors. appointed.

49. The Standing Committee shall meet for the despatch of business in Provisions
regulating
the chief municipal office and may, from time to time, make such regulations the
proceedings
with respect to such meetings and with respect to the scrutiny of the municipal of the
accounts as they think fit, subject to the following conditions :— Standing
Committee.
(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 ;

1
The words “ re-appointed ” were substituted for the words “ re-elected ” by Mah. 11 of 2007, s. 2 (i).
2
The words “ re-appointment ” were substituted for the words “ re-election ”, by Mah. 11 of 2007, s. 2 (ii).

H 4094—12
 L-1 H 4094
54 Mumbai Municipal Corporation Act [1888 : Bom. III

(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 by-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 be 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 (l) both
inclusive, of section 16 or in which he is professionally interested on behalf
of a client, principal or other person ;
(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
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 55

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.
49A. The Corporation shall appoint a Committee to be called the Improvements
Committee to
Improvements Committee for the purpose of the improvement of the city, be constituted
in accordance with the provisions of this Act, and subject to such conditions for the purpose
of carrying out
and limitations as are in this Act contained. the
improvement
of the city.

49B. The Improvements Committee shall consist of twenty-six Constitution

of the
councillors. Improvements
Committee.

49C. The Corporation shall, at their first meeting in the month of April Members of
Improvements
after each general election, appoint twenty-six persons out of their own Committee
body to be members of the Improvements Committee. when to be
appointed.

49D. (1) The Improvements Committee shall at their first meeting Appointment
of Chairman
appoint one of their member to be their Chairman until the first meeting of
of the said Committee in the following official year, and thereafter, the Improvements
Committee.
said Committee shall at their first meeting in each official year appoint a
member of their body to be their Chairman until the first meeting of the
said Committee in the next following official year.
(2) A member of the Improvements Committee who ceases to be the
Chairman shall be re-eligible.
(3) If any casual vacancy occurs in the office of Chairman, the
Improvements Committee shall, as soon as they conveniently can after the
occurrence of such vacancy, choose one of their member to fill such vacancy
and every Chairman so chosen shall continue in office so long only, as the
person in whose place he is appointed would have been entitled to continue
if such vacancy had not occurred.
49E. (a) One-half of the members of the Improvements Committee Members of
Improvements
shall retire at noon on the first day of April every year. Committee to
retire by
(b) The members who shall retire one year after the Improvements rotation.
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 :
Provided that, in the case of a member who has been re-elected the terms
of his office for the purposes of this clause shall be computed from the date
of his re-election.

H 4094—12a
 L-1 H 4094
56 Mumbai Municipal Corporation Act [1888 : Bom. III

Appointment of 49F. (1) The Corporation shall at their ordinary meeting in the month of
members of
Improvements March appoint fresh members of the Improvements Committee to fill the
Committee to
replace those offices of those previously appointed by them who retire, from time to time,
who retire.
as aforesaid.
(2) Any Councillor who ceases to be a member of the Improvements
Committee shall be re-eligible.
Casual 49G. In the event of non-acceptance of office by a Councillor appointed
vacancies in
the to be a member of the Improvements Committee or of the death, resignation
Improvements
Committee or disqualification of a member of the said committee or of his becoming
how to be filled
up. incapable of acting previous to the expiry of his term of office or of his office
becoming vacant under clause (i) of section 491, the vacancy shall be filled-
up, as soon as conveniently may be, by the appointment of a person thereto,
who shall hold office so long only as the member in whose place he is appointed
would have been entitled to hold it, if the vacancy had not occured.
Improvements 49H. The Improvements Committee in existence on the day for the
Committee to
continue in retirement of Councillors shall continue to hold office until such time as a
office till a new
Committee is new Improvements Committee is appointed under section 49C,
appointed.
notwithstanding that the members of the said committee or some of them
may no logger be Councillors.
Provisions to 49I. The Improvements Committee shall meet for the despatch of business
regulate the
proceedings of in the Chief Municipal Office and the Committee may, from time to time,
the
Improvements make such regulations with respect to such meetings as they think fit, subject
Committee.
to the following conditions :—
(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 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 ;
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 57

(g) a minute shall be kept by the municipal secretary of the names of

the member present and of the proceedings at 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 on interest such as is described in clauses (g)
to (l) 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 later, 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 there-at 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.

50. (1) The Corporation shall appoint a Committee to be called the Brihan Constitution of
Brihan
Mumbai Electric Supply and Transport Committee for the purpose of Mumbai
Electric Supply
conducting the Brihan Mumbai Electric Supply and Transport Undertaking and Transport
Committee and
in accordance with the provisions of this Act, and subject to such conditions term of office
and limitations as are in this Act contained. of its members.

(2) The Committee shall consist of seventeen members.

(3) The Chairman of the Standing Committee shall be an ex-officio member
of the committee and the other members shall be appointed by the
Corporation from among persons, who, in the opinion of the Corporation,
have had experience of, and have shown capacity in, administration, transport,
or electric supply, or in engineering, industrial, commercial, financial or
labour matters and of whom one atleast shall be a councillor and remaining
may or may not be Councillors.
(4) (a) One half of the members of the Brihan Mumbai Electric Supply and
Transport Committee shall retire at noon on the first day of April every
year.
(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.
 L-1 H 4094
58 Mumbai Municipal Corporation Act [1888 : Bom. III

(c) During the succeeding years, the members who shall retire under this
section shall be the members who were longest in office :
Provided that, in the case of a member who has been 1[re-appointed] the
term of his office for the purposes of this clause shall be computed from the
date of his 2[re-appointment].
(5) A person shall be disqualified for being appointed as, and for being a
member of the Committee if, under the provisions of section 16, he is
disqualified for being elected as, and for being, a Councillor.
Disqualification 50A. (1) Any person who, having been appointed as a Member of the
of members
of Brihan Brihan Mumbai Electric Supply and Transport Committee,—
Mumbai
Electric (a) becomes disqualified for being a member of the committee under
Supply and
Transport
Committee.
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.
(2) If any question or dispute arises whether a vacancy has occurred under
sub-section (1), the Commissioner shall, at the request of the Corporation,
apply to the Chief Judge of the Small Cause Court, and the said Chief Judge,
after making such inquiry as he deems necessary shall determine whether a
vacancy has occurred, and his decision shall be final.
Casual 50B. In the event of non-acceptance of office by any person appointed to
vacancies
how to be be a member of the Brihan Mumbai Electric Supply and Transport Committee
filled up.
or of the death, resignation or disqualification of a member of the committee,
or of his becoming incapable of acting, or of his office becoming vacant under
the provisions of section 50A, the vacancy shall be filled up, as soon as
conveniently may be, by the appointment by the Corporation of a duly qualified
person thereto, and such person shall hold office so long only as the person
in whose place he is appointed would have held it if the vacancy had not
occurred.
Chairman of 50C. (1) The Brihan Mumbai Electric Supply and Transport Committee shall,
Brihan
Mumbai after their appointment, at their first meeting in each official year appoint one of
Electric their members, who is a councillor, to be the Chairman until the first meeting of
Supply and
Transport the committee in the next official year.
Committee.
(2) The committee shall thereafter at their first meeting in each official
year appoint one of their members, being a councillor, as Chairman until the
first meeting of the committee in the next following year.

1
The words “ re-appointed ” were substituted for the words “ re-elected ” by Mah. 11 of 2007, s. 3 (i).
2
The words “ re-appointment ” were substituted for the words “ re-election ” by Mah. 11 of 2007, s. 3 (ii).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 59

(3) The retiring Chairman shall be eligible for reappointment as Chairman.

(4) Notwithstanding the provisions of sub-sections (1) and (2), the

Chairman shall vacate office as soon as he ceases to be a member of the
committee.

(5) In the event of the office of Chairman falling vacant previous to the
expiry of his term the committee shall, as soon as conveniently may be after
the occurrence of the vacancy, appoint one of their member being a councillor,
to fill such vacancy and the Chairman so appointed shall hold office so long
only as the person in whose place he is appointed would have held it if such
vacancy had not occurred.

50D. (1) Brihan Mumbai Electric Supply and Transport Committee shall Meetings of
Brihan
meet for the despatch of business at such place as the Committee may from Mumbai
Electric
time to time decide and until a decision has been taken to meet elsewhere, Supply and
Transport
shall meet in the Chief municipal office. Committee.

(2) The Committee may, from time to time, make such regulations with
regard to the meetings of the Committee and sub-committees as the
Committee think fit subject to the following conditions :—

(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 the 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;
 L-1 H 4094
60 Mumbai Municipal Corporation Act [1888 : Bom. III

(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 his partner,
any share or interest such as is described in clauses (g) to (l), 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.

(3) The Commissioner and in his absence, the Director or a Deputy

Commissioner authorised by the Commissioner in this behalf and the General
Manager and in his absence any officer authorised by the General Manager
in this behalf, shall have the same right of being present at a meeting of the
Committee and of taking part in the discussion thereat as a member of the
Committee, but shall not be at liberty to vote upon or make any proposition
at such meeting.

Fees for 50E. The Chairman and members of the Brihan Mumbai Electricity Sup-
attendance
at
ply and Transport Committee shall be paid such fees for attending meetings
meetings of the Committee as may be prescribed by rules framed by the Corporation
of Brihan
Mumbai under this section with the sanction of the State Government.
Electric
Supply
and
Transport
Committee.

Sub- 50F. (1) The Brihan Mumbai Electric Supply and Transport Committee
Committees
of the may, from time to time, appoint one of their own body as Sub-Committee
Brihan
Mumbai consisting of such number of persons as the Committee may think fit.
Electric
Supply (2) The Committee may by specific resolution carried by the vote of at
and
Transport least two-third of their number present at the meeting delegate any of their
Committee.
powers and duties to a Sub-Committee and may also by a like resolution
define the sphere of business of such Sub-Committee.

(3) The Committee may refer to a Sub-Committee appointed under sub-

section (1) for inquiry and report or for opinion any matter with which the
Committee is competent to deal.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 61

50G. (1) The Corporation shall appoint a Committee to be called the Constitution of
Education
Education Committee for the purpose of giving effect to the provisions as to Committee.
primary education in this Act or in other law for the time being in force.
(2) The Education committee shall consist of twenty six members of whom
twenty-two shall be Councillors and four shall be persons who are not
councillors.
(3) The non-councillors to be so appointed shall be persons,—
(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 instructions ; and
(d) who possess such other qualifications as the Corporation may
determine in this behalf.

50H. The Corporation shall, as soon as may be, after the commence-ment Members of
Education
Mah. of the Mumbai Municipal Corporation (Amendment) Act, 1999, and thereafter Committee
XXVII of
1999. at their first meeting in the month of April, after every general election, when to be
appointed.
appoint sixteen duly qualified persons to be members of the Education
Committee.

50I. (1) A person shall not be eligible for appointment as a member of Disqualifications
of members
the Education Committee,— of Education
(a) if he is directly or indirectly interested in any immovable property Committee.

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 as a councillor under section 16.
Explanation.— A person shall be deemed to be interested within the
meaning of clause (a) of this sub-section, if he derives or has been promised
directly or indirectly, any pecuniary gain from or in respect of such
property, institution or school whether by way of a price or rent or premium
or other thing of value whether of the like nature or not.
(2) If any person having been appointed a member of the Education
Committee,—
(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.

50J. (1) The Education Committee shall, at their first meeting in each Appointment
of Chairman
official year, appoint one of their own member, being a councillor, to be of Education
their Chairman until the first meeting of the Committee in the next official Committee.
year.
H 4094—13
 L-1 H 4094
62 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) The retiring Chairman shall be eligible for re-election.

(3) If any casual vacancy occurs in the office of the Chairman, the Education
Committee shall, as soon as they conveniently can, after the occurrence of
such vacancy, appoint one of their members being a councillor to fill such
vacancy and every Chairman so appointed shall continue in office only so
long as the person in whose place he is appointed would have been entitled
to continue if such vacancy had not occurred.
Members of 50K. (1) One-half of the councillor members and one half of the other
Education
Committee to members of the Education Committee shall retire at noon on the first day of
retire by April every year.
rotation.
(2) The member who shall retire on the first day of April next after the
Education Committee is constituted under section 50G shall be selected by
lot at such time previous to the first day of March immediately preceding
and in such manner as the Chairman shall determine.
(3) During succeeding years the members who shall retire under
sub-section (1) shall be the members who have been longest in office :
Provided that, in the case of a member who has been re-appointed, the
term of office for the purposes of this sub-section shall be computed from the
date of his re-appointment.

Appointment of 50L. (1) The Corporation shall, subject to the provisions of section 50H,
members of
Education at their ordinary meeting in the month of March, appoint fresh members of
Committee to the Education Committee to fill the offices of those who retire from time to
replace those
who retire. time as aforesaid.
(2) Any retiring member of the Education Committee shall be eligible for
[re-appointment].
1

Casual vacancy 50M. (1) In the event non-acceptance of office by a person appointed to
in Education
Committee be a member of the Education Committee or of the death, resignation or
how to be filed disqualification of a member of the Committee or of his becoming incapable
up. of acting previous to the expiry of his term of office or of his seat becoming
vacant under sub-section (2) of section 50I, the vacancy shall be filled up as
soon as it conveniently may be by the appointment by the Corporation of a
person thereto who shall hold office so long only as the person in whose
place he is appointed would have been entitled to hold it, if the vacancy had
not occurred.
(2) If any question or dispute arises whether a vacancy has occurred under
this section it shall be referred to the Corporation whose decision shall be
final.
Each 50N. The Education Committee in existence on the day for the
Education
Committee to retirement of Councillors shall continue to hold office until such time as a
continue in
office till new new Education Committee is appointed under section 50H notwithstanding
Committee is
appointed.
that the members of the said Committee or some of them may no longer be
Councillors.
Education 50O. The members duly appointed may perform all the functions legally
Committee to
act not- pertaining to the Education Committee, notwithstanding any default, delay
withstanding or defect in the appointment of any member.
default
etc. in
appointment of
members.
1
The word “ re-appointed ” was substituted for the word “ re-election ” by Mah. 11 of 2007, s. 4.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 63

5OP. The Education Committee shall meet for the despatch of business Meetings of
Education
in the Chief Municipal Office and may from time to time, make such Committee.
regulations with respect to such meetings and to the management of schools
under their control as they think fit, subject to the following conditions :—
(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 shall 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 (l) 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.

50Q. The Commissioner and the Education Officer and, in the absence of Right of
Municipal
the Commissioner, any other officer authorised by the Commissioner in this Commissioner
behalf shall have the same right of being present at a meeting of the Education and
Committee and of taking part in the discussions thereat as a member of the Education
Officer to be
said Committee, but none of them shall vote upon, or move any proposition present.
at such meeting.

50R. The Education Committee may, from time to time appoint, out of Appointment of
sub-
their own body, sub-committees, consisting of such number of persons as the committees by
Education Committee may think fit, and may refer to such sub-committees Education
for inquiry and report or for opinion in any matter with which the Education Committee.

Committee is empowered by or under this Act to deal.

H 4094—13a
 L-1 H 4094
64 Mumbai Municipal Corporation Act [1888 : Bom. III
Elections to 5OS. 1[(1) Notwithstanding anything contained in this Act or
Committees to
be by the bye-laws made thereunder in the case of the following Committee, except
proportional where it is provided by this Act that the appointment of a Councillor to any
representa-
tion.
Committee shall be by virtue of his holding any office, the appointment of
Councillors to these Committees, whether in regular or casual vacancies,
1
[shall be made by the Corporation by nominating Councillors in accordance
with the provisions of sub-section (2)] :—
(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.]
[(2) In nominating the Councillors on the Committee, the Corporation
2

shall take into account the relative strength of the recognised parties or
registered parties or groups and nominate members, as nearly as may be, in
proportion to the strength of such parties or groups in the Corporation, after
consulting the Leader of the House, the Leader of Opposition and the leader
of each such party or group :
[Provided that, that the relative strength of the recognized parties or
3

registered parties or groups or aghadi or front shall be calculated by first

dividing the total number of Councillors by the total sterength of members of
the Committee. The number of Councillors of the recognized parties or
registered parties or groups or aghadi or front shall be fruther divided by
the quotient of this division. The figures so arrieved at shall be the relative
strength of the respective recognized parties or registered parties or groups
or aghadi or front. The seats shall be allotted to the recognized parties or
registered parties or group or aghadi or front by first considering the whole
number of their relative strength so ascertained. After allotting the seats in
this manner, if one or more seats remain to be allotted, the same shall be
allotted one each to the recognized parties or registered parties or groups or
aghadi or front in the descending order of the fraction number in the
respective relative strength starting from the highest fraction number in the
relative strength, till all the seats are allotted :]
Provided further that, for the purpose of deciding the relative strength of
the recognised parties or registered parties or groups under this Act, the
recognised parties or registered parties or groups, or elected Councillors
not belonging to any party or group may, notwithstanding anything contained
in the Maharashtra Local Authority Members’ Disqualification Act, 1986, Mah. XX
of 1987.
within a period of one month from the date of notification of election results,
form aghadi or front and, on its registration, the provisions of the said Act,
shall apply to the members of such aghadi or front, as if it is a registered pre-
poll aghadi or front.
(3) If any question arises as regards the number of Councillors to be
nominted on behalf of such party or group, the decision of the Corporation
shall be final.]

1
Section 50S was re-numbered as sub-section (1) thereof and the portion begining with the words
“ shall be made ” and ending with the words “ holding such elections ”was substituted by Mah. 11 of
2007, s. 5. (a).
2
Sub-sections (2) and (3) were added by Mah. 11 of 2007, s. 5 (b).
3
This proviso was substituted by Mah. 17 of 2012, s. 2.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 65

l
* * * * * * *
2
[Wards Committees

50TT. (1) The Corporation shall constitute not more than twenty-five Constitution of
Wards
Wards Committees each comprising such contiguous wards as may be decided Committee.
by the Corporation.
(2) Each Wards Committee shall consist of,—
(a) the Councillors representing the electoral wards within the
territorial area of the Wards Committee ;
3
* * * * * * *
(b) the Ward Officer incharge of the territorial area of the Wards
Committee ;
(c) such number of other members, not exceeding three,
nominated by the Councillors referred to in clause (a), from amongst the
members of recognised non-Government Organisations and community
based organisations engaged in social welfare activities working within
area of the Wards Committee :
Provided that, such persons are registered as electors in the Wards within
the jurisdiction of the Wards Committee :
Provided further that, the norms for recognition of the non-Government
Organisations, the requisite qualification for nomination as members and
the manner in which they are to be nominated shall be such as the State
Government may, prescribe.
(3) The duration of the Wards Committee shall be co-terminus with the
duration of the Corporation.
(4) The elected Councillors referred to in clause (a) of sub-section (2) shall
at the first meeting of the Wards Committee in each official year, elect from
among themselves the Chairperson who shall hold office until the first
meeting in the next following official year.
(5) The Chairperson of the Wards Committee shall be deemed to have
vacated the office as soon as he ceases to be a Councillor.
(6) In the event of the office of the Chairperson falling vacant before the
expiry of its term, the Wards Committee shall elect a new Chairperson :
Provided that, the Chairperson so selected shall hold office so long only as
the Chairperson in whose place he is elected would have held office if such
vacancy had not occurred.

1
Section 50T was deleted by Mah. 10 of 1998 s. 17.
2
This sub-heading and section 50TT was inserted by Mah. 41 of 1994, s. 34.
3
The proviso was deleted by Mah. 27 of 1999, s. 11(a).
 L-1 H 4094
66 Mumbai Municipal Corporation Act [1888 : Bom. III

(7) The functions of the Wards Committee shall, subject to the general
supervision and control of the Corporation, be,—
(a) speedy redressal of common grievances of citizens, connected with
local and essential municipal services like water supply, drainage,
sanitation and storm water disposal;
(b) to consider and make recommendations on the proposals regarding
estimates of expenditure pertaining to the wards under different heads of
account of the budget before being forwarded to 1[the Commissioner ] ;
(c) to grant administrative approval and financial sanction to the plans
for municipal works to be carried out within the territorial area of the
Wards Committee costing upto rupees five lakhs provided that specific
provision exists therefor in the budget sanctioned by the Corporation.
(8) Notwithstanding anything contained in sub-section (7), the Corporation
may by a resolution, delegate to a Wards Committee such other powers,
authority and functions as it may deem fit and expedient.
(9) The Wards Committee shall meet at least once in a month at the Ward
Office.]

Provisions regarding validity of proceedings

Vacancy in 2
[51. No Act or proceedings of the corporation or of any committee
Corporation
or in any
appointed under this Act shall be questioned on account of any vacancy in
Committees the Corporation or in any such Committee, as the case may be.]
not to
invalidate its
proceedings.

Proceedings of 52. No disqualification of, or defect in, the election or appointment 3* *

corporation, of any person acting as a councillor or as the 4[Mayor] or presiding authority
etc. not vitiated
by disqualifica-
of the corporation or as the 5[Chairman] or 6[of the Standing Committee or of
tion, etc. of any Committee or sub-Committee appointed under this Act shall be deemed
members
to vitiate any act or proceeding of the corporation or Standing Committee or
thereof.
of any such Committee or sub-Committee] as the case may be, in which such
person has taken part, whenever the majority of persons, parties to such act
or proceeding, were entitled to act.

1
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 11(b).
2
Section 51 was substituted by Mah. 13 of 1998. s. 9.
3
The words " or co-option " which were added by Bom. 6 of 1922, s. 21-A, and which were deleted by
Bom. 17 of 1931, s. 7, are omitted.
4
The word “ Mayor ” was substituted for the original word by Bom. 21 of 1931, s. 2 (i).
5
This word was substituted for the words “ Chairperson of the Corporation ” by Mah. 27 of 1999,
s. 12 (a).
6
This portion was substituted for the portion begining with the words “ as a Member of any Committees ”
and ending with the words “ any such Committee ” by Mah. 27 of 1999, s. 12 (b).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 67

53. Until the contrary is proved, every meeting of the corporation or Proceedings
of meetings
1
* * of a 2[Committees or sub-Committee] in respect of the proceedings to be
whereof a minute has been made and signed in accordance with this Act deemed to be
good and
shall be deemed to have been duly convened and held, and all the members valid until the
of the meeting shall be deemed to have been duly qualified ; and where the contrary
is proved.
proceedings are proceedings of a 2[Committees or sub-Committee] such
2
[Committees or sub-Committee] shall be deemed to have been duly constituted
and to have had power to deal with the matters referred to in the minute.
[53A. If, any committee or special committee under this Act is not
3 Exercise of
powers and
constituted at any point of time, or for any reason not in a position to exercise discharge of
its powers or discharge its duties under this Act, its powers shall be exercised duties of any
committee by
and its duties shall be discharged by the corporation untill such committee corporation.
is constituted or in a position to exercise its powers and discharge its duties.
53B. The Chairman or the Deputy Chairman, if any, of any committee Removal of
Chairman or
constituted under this Act may be removed from the office by the State Deputy
Government, if he fails to convene two consecutive meetings of the committee Chairman of
committees.
as specified by or under this Act, and the Chairman or Deputy Chairman so
removed shall not be eligible for re-election or re-appointment as Chairman
or, as the case may be, Deputy Chairman or such committee during the
remainder term of his office :
Provided that, no such Chairman or Deputy Chairman shall be removed
from office, unless he has been given a reasonable opportunity to furnish an
explanation :
Provided further that, removal of the Chairman or Deputy Chairman under
this section shall not affect his continuance as a Councillor for the remainder
term of his office.]
4
[(F) The Municipal Commissioner.]
54. (1) The Municipal Commissioner for 5[Brihan Mumbai] shall be from Appointment
of the
time to time appointed by the 6[7[State] Government]. 8[He may hold office Commissioner.
for such period not exceeding three years as the State Government may fix
and his appointment may be renewed by the State Government for a further
period not exceeding three years :
Provided that, when the Commissioner holds a lien on the service of the
State Government, he may be recalled to such service at any time by the
State Government.]

1
The words “ or Standing Committee ” were deleted by Mah. 10 of 1998, s. 18.
2
These words were substituted for the word " Committee " by Mah. 27 of 1999, s. 13.
3
Sections 53A and 53B were inserted by Mah. 32 of 2011, s. 5.
4
This heading was substituted for the heading " (C) The Municipal Commissioner" by Bom. 48 of 1950,
s. 26.
5
These words were substituted for the words “ Greater Bombay " by Mah. 25 of 1996, s. 2.
The words “Provincial Government” were substituted for the words "Governor-in-Council" by the
6

Adaptation of Laws Order in Council.

7
This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.
This portion was substituted for the words “ for a renewable period of three years. ” by Mah. 22 of
8

1968, s. 2(a).
 L-1 H 4094
68 Mumbai Municipal Corporation Act [1888 : Bom. III
1
* * * *
(2) [Notwithstanding the provisions of sub-section (1), the Commissioner
2

shall] be forthwith removed by 3[the 4[5[State] Government] ] from the office

if at a meeting of the corporation not less than 6[five-eighth of the whole
number of councillors] shall vote in favour of a proposition in this behalf; and
he may be removed by the 4[5[State] Government] at any time if it shall appear
to the 4[5[State] Government] that he is incapable of performing the duties of
his office or has been guilty of any misconduct or neglect which renders his
removal expedient:
7
[Provided that when the Commissioner holds a lien on the service of 3[the
[ [State] Government]], he shall not during the period of his appointment as
4 5

Commissioner be removed from office without the approval of the

corporation.]
8
[(3) The State Government may appoint one or more persons to be called
Additional Municipal Commissioners who shall, subject to the control of the
Commissioner, exercise all or any of the powers and perform all or any of the
duties and functions, of the Commissioner.
(4) The terms and conditions of service of a person appointed as Additional
Municipal Commissioner shall be such as may from time to time be determined
by the State Government by general or special order.
(5) Subject to the provisions of sub-section (4), every person so appointed
shall be subject to the same liabilities, restrictions and conditions to which
the Commissioner is subject.]
9
[The Director.
Appointment of 54A. (1) Subject to confirmation by the State Government, the corporation
the Director.
may at any time, and from time to time, appoint a person to be the Director
(Engineering Services and Projects), if it shall appear to it expedient to do
so.
(2) Every person so appointed shall be subject to the same liabilities,
restrictions and conditions to which the Commissioner is subject.]
Deputy Municipal Commissioner
Appointment of 55. (1) Subject to confirmation by the 4[ 5[State] Government], the
a Deputy
Municipal corporation may at any time, and from time to time, appoint a person to be a
Commissioner. Deputy Municipal Commissioner, if it shall appear to it expedient so to do.
10
[(1A) With the previous approval of the State Government, the
corporation may at any time, and from time to time, create one or more posts
of additional Deputy Municipal Commissioners which it considers necessary
and may, subject to confirmation by the State Government, appoint a fit person
or persons to hold such post or posts.]
(2) Every person so appointed shall be subject to the same liabilities,
restrictions and conditions to which the Commissioner is subject.

1
The words “ after consultation with the corporation ” shall be deemed to have been deleted with effect
from 1st November 1991 by Mah. 8 of 1992, s. 3.
2
These words were substituted for the words “ But he shall ”, by Mah. 8 of 1992, s.2(b).
3
The words “ the Provincial Government” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
4
The words “ Provincial Government ” were substituted for the words “ Governor-in-Council” by the
Adaptation of Indian Laws Order in Council.
5
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6
These words were substituted for the words “sixty-four councillors” by Bom. 7 of 1950, s. 9.
7
This proviso was added by Bom. 1 of 1925, s. 14.
8
Sub-sections (3), (4) and (5) were added by Mah. 43 of 1983. s. 8.
9
This heading and section 54A were inserted by Mah. 53 of 1981, s. 8.
10
Sub-section (1A) was inserted by Bom. 7 of 1950, s. 10.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 69
1
56. (1) [The Director or a Deputy Commissioner] 2[or an Additional Functions of
8
[the Director
Deputy Commissioner] so appointed shall be subordinate to the Commissioner and Deputy
and, subject to his orders, shall exercise such of the powers and perform Commissioner.]
such of the duties of the Commissioner as the Commissioner shall from time
to time depute to him :
(2) Provided that,—
3
* * * * * * * *
(b) The Commissioner shall inform the corporation of the powers and
duties which he from time to time deputes to 4[the Director or a Deputy
Commissioner.]
[(2A) Provided further that when an additional Deputy Commissioner or
5

more than one additional Deputy Commissioner have been appointed, the
Commissioner shall prescribe the respective spheres of duties of each of such
additional Deputy Commissioners, and in so doing may allot to the Deputy
Commissioner or the additional Deputy Commissioner designated by him
responsibility, subject to the control of the Commis-sioner, for the Municipal
Government of the suburbs in so far as such responsibility is consistent with
the powers and duties deputed to him under sub-section (1)].
(3) All acts and things performed and done by 6[the Director or a Deputy
Commissioner] 7[and an Additional Deputy Commissioner], during his tenure
of the said office and in virtue thereof, shall for all purposes be deemed to
have been performed and done by the Commissioner.
[56A. (1) Subject to the previous approval of 10[the 11[State] Government]
9 Appointment
of Deputy
the Corporation shall, as soon as conveniently may be after the commencement Municipal
Bom. of the City of Bombay Municipal (Amendment) Act, 1933, appoint a Deputy Commissioner
XIII of (Improvements).
1933.
Municipal Commissioner to be styled the Deputy Municipal Commissioner
(Improvements). Such appointment shall be in addition to any appointment
of a Deputy Municipal Commissioner made under sub-section ( 1) of
section 55.
(2) Every person so appointed shall be subject to all the liabilities,
restrictions and conditions to which the Commissioner is subjected to under
this Act.
(3) A person appointed as a Deputy Municipal Commissioner (Improve-
ments) shall be appointed in the first instance for a period of five years,
which may be renewed thereafter from time to time for a like or lesser period :
[Provided that if such person is a municipal officer and due to retire
12

under regulations made and applicable to him under section 81 on a date

earlier than the expiry of the period of five years from the date of appointment
or reappointment, he may be appointed or reappointed for a period of five
years or a lesser period.].

1
These words were substituted for the words “ a Deputy Commissioner ” by Mah. 53 of 1981, s. 9(a).
2
These words were inserted by Bom. 7 of 1950, s. 11(a).
3
Clause (a) was deleted by Bom. 1 of 1897.
4
These words were substituted for the words “ a Deputy Commissioner “ by Mah. 53 of 1981, s. 9(b).
5
Sub-section (2A) was inserted by Bom. 7 of 1950, s. 11(b).
6
These words were substituted for the words “a Deputy Commissioner” by Mah. 53 of 1981, s. 9(c).
7
These words were inserted by Bom. 7 of 1950, s. 11(c).
8 These words were substituted for the words “ a Deputy Commissioner ”, by Mah. 53 of 1981, s. 9(d).
9
This section was inserted by Bom. 13 of 1933, s. 7.
10
The words “ the Provincial Government” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
11
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
12
This proviso was added by Bom. 76 of 1948, s. 3.
H 4094—14
 L-1 H 4094
70 Mumbai Municipal Corporation Act [1888 : Bom. III

(4) The person appointed to be the Chief Officer, under section 26 of the Bom.
XVI of
City of Bombay Improvement Trust Transfer Act, 1925, and holding that office 1925.
at the commencement of the City of Bombay Municipal (Amendment) Act,
1933, shall be the Deputy Municipal Commissioner (Improvements) under
this Act until the Corporation shall have appointed a Deputy Municipal Bom.
XVI of
Commissioner (Improvements) under the provisions of sub-section (1) and 1933.
until such Deputy Municipal Commissioner shall have entered on the
discharge of the duties of his office.]
Functions of [56B. (1) The Deputy Municipal Commissioner (Improvements) shall be
l
the Deputy
Commissioner subordinate to the Commissioner and, subject to his orders, shall exercise
(Improvements). such of the powers and perform such of the duties of the Commissioner in
connection with the improvement of the city and such other duties of a Deputy
Municipal Commissioner as the Commissioner may from time to time direct :
Provided that the Commissioner shall inform the Corporation of the powers
and duties which he from time to time deputes to the Deputy Municipal
Commissioner (Improvements).
(2) All acts and things performed and done by the Deputy Municipal
Commissioner (Improvements), during his tennure of the said office and in
virtue thereof shall for all purposes be deemed to have been performed and
done by the Commissioner.]
2
Remuneration of Commissioner [, Director] and Deputy Commissioner
Salary of the 57. (1) The Commissioner shall receive 3[such monthly salary 4[as the
Commissioner.
State Government may, from time to time, determine]] in return wherever
he shall, except as hereinafter provided, devote his whole time and attention
to the duties of his office as prescribed in this Act or in any other enactment
for the time being in force :
Duties which (2) Provided that he may at any time—
may be
undertaken by (a) hold the office of a trustee of the port of Bombay;
the
Commissioner
outside of this (b) with the sanction of the corporation, serve on any committee
Act. constituted for the purposes of any local inquiry or for the furtherance of
any object of local importance or interest.
5
* * * * * * * *
Remuneration 58. 6 [The Director and a Deputy Commissioner] shall receive such
of 9[the
Director and monthly salary 7[as the Corporation shall, from time to time, with the approval
Deputy of the State Government, determine :
Commissioner.]
Provided that, the salary of 8[the Director or a Deputy Commissioner] shall
not be altered to his disadvantage during his period of office.]

1
This section was inserted by Bom. 13 of 1933, s. 7.
2
The word “ Director ” was inserted by Mah. 53 of 1981, s. 10.
3
These words were substituted for the original words by Bom. 13 of 1938, s. 26(1).
4
These words were substituted for the words “not exceeding three thousand rupees and not less than two
thousand rupees as the State Government may determine” by Mah. 8 of 1992, s. 4.
5
Sub-section (3) was deleted by Bom. 13 of 1938, s. 26(2).
6
These words were substituted for the words “ a Deputy Municipal Commissioner ” by Mah. 53 of 1981,
s. 11(a).
7
This portion was substituted for the portion beginning with the words “not exceeding” and ending with
the words “ time to time, determine ” by Mah. 5 of 1970, s. 2, with effect from 1st April 1966.
8
These words were substituted for the words “ a Deputy Municipal Commissioner ” by Mah. 53 of 1981,
s. 11(b).
9
These words were substituted for the words “a Deputy Municipal Commissioner” by Mah. 53 of 1981,
s. 11(c).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 71
1
[58A. The Deputy Municipal Commissioner (Improvements) shall receive Remuneration
of the Deputy
such monthly salary 2[as the Corporation shall, from time to time, with the
Municipal
approval of the State Government, determine] : Commissioner
(Improvements).
Bom. Provided that the person holding office of the Chief Officer under section
XVI of
1925. 26 of the City of Bombay Improvement Trust Transfer Act, 1925 at the
Bom.
XIII of commencement of the City of Bombay Municipal (Amendment) Act, 1933,
1933. shall, so long as he, continues to be the Deputy Municipal Commissioner
(Improvements) under the provisions of sub-section (4) of section 56A, receive
a monthly salary of rupees two thousand and five hundred :
Bom. Provided further that if the said person be appointed as Deputy Municipal
XIII of
1933. Commissioner (Improvements) under sub-section (1) of section 56A, he shall
receive from the commencement of the City of Bombay Municipal
3
(Amendment) Act, 1933 such monthly salary * * * as the
Corporation shall from time to time determine :
[Provided also that, the salary of the Deputy Municipal Commissioner
4

(Improvements) shall not be altered to his disadvantage during his period of

office.]
5
Provisions for absence of Commissioner, [Director] or
Deputy Commissioner on leave.
59. (1) Leave of absence may be granted, from time to time— Grant of
leave of
(a) to the Commissioner, by the 6[7[State] Government], with the assent absence to
of 8[Standing Committee]. the
Commissioner,
10
(b) to 9[the Director or a Deputy Commissioner] by [the Commissioner]. 11
[Director] or
Deputy
Commissioner.

(2) The allowance to be paid to the Commissioner or 12[to the Director or a Allowance

Deputy Commissioner] whilst so absent on leave shall be of such amount not whilst absent
on leave.
exceeding respectively the amount of the salary of the Commissioner 13[or
6 7
the Director or Deputy Commissioner] as shall be fixed by the [ [State]
Government] or the corporation, respectively :
Provided that if the Commissioner 13[or the Director or Deputy Commissioner]

1
New section 58A was inserted by Bom. 13 of 1933, s. 8.
2
This was substituted for the portion beginning with the words “ not exceeding ” and ending with the
words “ time to time, determine ” by Mah. 5 of 1970, s. 3(a), with effect from 1st April 1966.
3
The words “not exceeding rupees two thousand” were deleted by Mah. 10 of 1998, s. 19.
4
This proviso was added, ibid., s. 3(b), with effect from 1st April 1966.
5
The word “ Director ” was inserted by Mah. 53 of 1981, s. 12(a).
6
The words “ Provincial Government ” were substituted for the words “ Governor-in-Council ” by the
Adaptation of Indian Laws Order in Council.
7
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
8
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999. s. 14.
9
These words were substituted for the words “ a Deputy Commissioner ” by Mah. 53 of 1981. s. 12(b)(i).
10
These words were substituted for the words “ the Corporation ” by Mah. 10 of 1998, s. 20.
11
These words were substituted for the words “ to a Deputy Commissioner ” by Mah. 53 of 1981, s.
12(c)(i).
12
These words were substituted for the words “ Deputy Commissioner ”, by Mah. 53 of 1981, s. 12(c)(i).
13
These words were inserted, ibid. s. 12(c)(ii).
H 4094—14a
 L-1 H 4094
72 Mumbai Municipal Corporation Act [1888 : Bom. III

is a 1[Government Officer], the amount of such allowance shall be regulated

by the rules at the time in force relating to the leave allowances of officers of
his class.
Appointment (3) During any absence of the Commissioner or of 2[the Director or a Deputy
and Commissioner] the 3[4[State] Government] or the corporation may appoint a
remuneration
of acting person to act as Commissioner or 5[as the Director or a Deputy Commis-
Commissioner sioner,] as the case may be. Every person so appointed shall exercise the
or acting
16
[Director or powers and perform the duties conferred and imposed by this Act or by any
a Deputy other enactment at time in force on the person for whom he is appointed to
Commissioner].
act, and shall be subject to the same liabilities, restrictions and conditions to
which the said person is liable, and shall receive such monthly salary, within
the limits prescribed in sections 57, 6[58 and 58A], for 7[the Commissioner,
8
Director and a Deputy Commissioner] as [the 4[State] Government] or the
corporation, respectively, shall determine.
Disqualifications of the Commissioner, 9[Director] and
Deputy Commissioner.
[Commissioner,
17
60. (1) No person shall be qualified to be appointed or to be Commissioner
Director and
Deputy
[or Director] or a Deputy Commissioner who has, directly or indirectly, by
10

Commissioner] himself or his partner, any share or interest in any contract with, by or on
not to be behalf of the corporation. 11* * * *
interested
18
in
any [contract]
with the
(2) Any Commissioner 12[, Director] or Deputy Commissioner who shall
corporation. acquire directly or indirectly, by himself or his partner, any share or interest
in any such contract 13* * * as aforesaid shall cease to be Commissioner,
14
[Director or a Deputy Commissioner] as the case may be, and his office
shall become vacant.
(3) Nothing in this section shall apply to any such share or interest in any
contract 15* * * with, by or on behalf of the corporation as, under clauses (h)
and (k) of section 16, it is permissible for a councillor to have without his
being thereby disqualified for being a councillor.

1
The words “ Government Officer” were substituted for the words “ Servant of the Crown ” by the
Adaptation of Laws Order, 1950.
2
These words were substituted for the words “ a Deputy Commissioner ” by Mah. 53 of 1981, s. 12(d)(i).
3
The words “ Provincial Government” were substituted for the words “ Governor-in-Council” by the
Adaptation of Indian Laws Order in Council.
4
This word was substituted the word “ Provincial ” by the Adaptation of Laws Order, 1950.
5
These words were substituted for the words “ as Deputy Commissioner” by Mah. 53 of 1981. s. 12
(d) (ii).
6
The words, figures and letter “ 58 and 58A ” were inserted by Bom. 13 of 1933, s. 9.
7
These words were substituted for the words “ a Commissioner and a Deputy Commissioner’’, by Mah.
53 of 1981, s. 12(d)(iii).
8
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
9
This word was inserted by Mah. 53 of 1981, s. 13(a).
10
These words were inserted, ibid., s. 13(b).
11
The words “ or in any employment with, by or on behalf of the corporation other than as Commissioner
or Deputy Commissioner, as the case may be ” were deleted by Mah. 42 of 1977, s. 2(a).
12
This word was inserted by Mah. 53 of 1981, s. 13(c)(i).
13
The words “ or employment” were deleted by Mah. 42 of 1977, s. 2(b).
14
These words were substituted for the words “ Commissioner, or a Deputy Commissioner ” by Mah. 53
of 1981, s. 13(c)(ii).
15
The words “or employment” were deleted by Mah. 42 of 1977, s. 2(a).
16
These words were substituted for the words “ acting Deputy Commissioner ” by Mah. 53 of 1981, s.
12(e).
17
These words were substituted for the words “Commissioner and Deputy Commissioner” by Mah. 53 of
1981, s. 13(d).
18
This word was substituted for the words “contract, etc.,” by Mah. 42 of 1977, s. 2(b).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 73

1
[(G) The General Manager.]
[60A. (1) The Corporation shall, subject to the approval of the 3[State]
2 Appointment
of General
Government, appoint a fit person to be the General Manager of the 4[Brihan Manager.
Mumbai Electric Supply and Transport Undertaking] who shall—
(a) devote his whole time and attention to the duties of his office :
Provided that the General Manager may be permitted by the corporation
to accept any appointment, whether honorary or otherwise, which in the
opinion of the corporation would not interfere with his duties as General
Manager ;
(b) receive such monthly salary as the corporation shall from time to
time, with the approval of the 3[State] Government determine
5
[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.
(2) The General Manager shall be appointed for a period not exceeding
five years in the first instance and his appointment may be renewed from
time to time with the approval of the 3[State] Government for a period not
exceeding five years at a time.
6
* * * * * * *
60B. (1) Leave of absence may be granted from time to time to the General Leave of
absence to
Manager 7[by the Brihan Mumbai Electric Supply and Transport Committee General
with the assent of the Corporation]. Manager.

(2) The allowance to be paid to the General Manager whilst so absent on

leave shall be of such amount, not exceeding the amount of his salary as shall
be fixed by the corporation.
(3) During the absence of the General Manager on leave the 8[Committee
with the assent of the Corporation] may appoint a person to act as General
Manager. Every person so appointed shall exercise the powers and perform
the duties conferred and imposed on the General Manager and shall be subject
to the same liabilities, restrictions and conditions to which the General

1
This heading was substituted for the original heading “ (D) The General Manager ” by Bom. 48 of 1950,
s. 29.
2
Sections 60A to 60C were inserted by Bom. 48 of 1948, s. 7.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2, Sch.
5
These words were inserted by Mah. 5 of 1970, s. 4.
6
Sub-section (3) was deleted by Mah. 32 of 2011, s. 6.
7
These words were substituted for the words “ by the Member in-charge of the Brihan Mumbai Electric
Supply Transport Undertaking with the assent of the Mayor ” by Mah. 27 of 1999, s. 15(a).
8
These words were substituted for the word “ Mayor ”, by Mah. 27 of 1999, s. 15(b).
 L-1 H 4094
74 Mumbai Municipal Corporation Act [1888 : Bom. III

Manager is liable and shall receive such monthly salary, not exceeding the
salary of the General Manager, as the corporation shall determine.
Disqualifica- 60C. (1) No person shall be qualified to be appointed or to be General
tions of
General Manager who has, directly or indirectly, by himself or his partner, any share
Manager.
or interest in any contract with, by or on behalf of, the corporation. 1* *
* * * * *

(2) Any General Manager who shall acquire, directly or indirectly, by

himself or by his partner, any share or interest in any such contract
2
* * * * * as aforesaid shall cease to be General Manager.

(3) Nothing in this section shall apply to any such share or interest in any
contract 3* * * with by, or on behalf of, the corporation as under clauses (h)
and (k) of sub-section (2) of section 16, it is permissible for a councillor to
have without his being thereby disqualified for being a councillor, or to any
share or other interest in the Bombay Electric Supply and Tramways
Company, Limited.]
Appointment of 4
[60D. (1) 5[The Brihan Mumbai Electric Supply and Transport Committee]
Chief Accounts
Officer. shall appoint a fit person to be the Chief Accounts Officer of the 6[Brihan
Mumbai Electric Supply and Transport Undertaking]. He shall—

(a) keep the accounts of the 6[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 7[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 7[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 ;

1
The words “or in employment with by or on behalf of the corporation other than the General
Manager ” were deleted by Mah. 42 of 1977, s. 3 (a).
2
The words “ or employment ” were deleted, by Mah. 42 of 977, s. 3(b).
3
The words “ or employment ” were deleted, by Mah. 42 of 977, s. 3(c).
4
This section was inserted by Mah. 42 of 1976, s. 4.
5
These words were substituted for the words " the Mayor-in-Council ” by Mah. 27 of 1999, s. 16(a).
6
These words were substituted for the words " Bombay Electric Supply and Transport
Undertaking ” by Mah. 25 of 1996, s. 2. Sch.
7
These words were substituted for the words " by the Member in-charge of
the Brihan Mumbai Electric Supply Transport Undertaking ” by Mah. 27 of
1999, s. 16 (b).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 75

(d) be removable at any time from office for misconduct, or for neglect of or
incapacity for the duties of his office, by the 1[Brihan Mumbai Electric Supply and
Transport Committee].]

2
* * * * * *

CHAPTER III

DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES.

Obligatory and Discretionary Duties of the Corporation.

61. It shall be incumbent on the corporation to make adequate provision, by any Matters to be
provided for by
means or measures which it is lawfully competent to them to use or to take, for each of the
the following matters, namely :— corporation.

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

3
[(aa) planning for economic and social development ;

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

(b) the construction and maintenance of work 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 unhealth 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 purposes ;

(f) the registration of births and deaths ;

[(ff) public vaccination in accordance with the provisions of the Bombay Vaccination
4

l of 1877. Act, 1877 ;]

(g) measures for preventing and checking the spread of dangerous diseases ;
4
[(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 ;

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 16(d).
2
Sub-section (2) was deleted by Mah. 32 of 2011, s. 7.
3
These clauses were inserted by Mah. 41 of 1994, s. 35.
4
Clauses (ff) and (gg) were inserted by Bom. 3 of 1907, s. 9(1).
 L-1 H 4094
76 Mumbai Municipal Corporation Act [1888 : Bom. III

(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 buildings and places ;

(m) the construction, maintenance, alteration and improvement of public

streets, bridges, culverts, causeways and the like 1[and also other measures
for ensuing the safe and orderly passage of vehicular and pedestries 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 2[subject always to the grant of building grants by 3[the 4[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

5 Bom.
XIII of
(Amendment) Act, 1933, upon the corporation arising out of the transfer to 1933.
the corporation of the powers, duties, assets and liabilities of the Board of Bom.
XVI of
Trustees for the Improvement of the City of Bombay constituted under 1925.
the City of Bombay Improvement Trust Transfer Act, 1925;
6
(t) the improvement of [Brihan Mumbai].
Corporation to 7
provide a
[62. (1) The corporation shall also provide and pay to 8[the 9[State]
monthly sum Government] on the first day of every month a sum of thirty-four thousand
to 9[State]
Government five hundred and forty-one rupees ten annas and eight pies, and in
for maintaining consideration of such monthly payments 8[the 9[State] Government] shall
certain medical
institutions in continue to control and maintain the institutions specified in Schedule U.
10
[Mumbai].
(2) Notwithstanding anything contained in clause (gg) of section 61, the
corporation shall by such monthly payments be deemed to have made adequate
provision for the maintenance of the said institutions and shall not be liable
for any further expenditure in connection therewith.

1
This portion was added by Mah. 11 of 2002, s. 4.
2
These words were added by Bom. 3 of 1907, s. 9(2).
3
The words “ the Provincial Government” were substituted for the word “ Govern-ment” by the
Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
5
New clauses (s) and (t) were inserted by Bom. 13 of 1933, s. 10.
6
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
7
Sections 62 to 62D were substituted for s. 62 by Bom. 3 of 1907, s. 10.
8
The words “ the Provincial Government” were substituted for the word “ Government” by the
Adaptation of Indian Laws Order in Council.
9
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
10
This word was substituted for the word “ Bombay ” by Mah. 25 of 1996, s. 4(2).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 77

[62A. In public hospitals and dispensaries established and maintained,

1 Fees to be
charged by the
and in connection with other measures carried out, under clause (gg) of section coporation in
public hospitals
61 such fees, if any may be charged as may be prescribed by the corporation. and
dispensaries.
[62B. If there should be at any time a change in the general policy of
2 Extent of
benefit to
3
[the 4[State] Government] in regard to their liability in respect of primary corporation by
education, the corporation shall be entitled to benefit by such change in policy change in
policy of
to the same extent as a city municipality.]
4
[State]
Government in
regard to their
liability, in
respect of
primary
education.

[62BB. The State Government shall have power to give to the corporation
5 Directions by
State
all such directions as it considers necessary in respect of subjects, curricula, Government
text books and standards of teaching in primary schools vesting wholly or regarding
subjects etc., in
partly in the corporation and in schools wholly or partly maintained by grants schools.
payable, from municipal fund and the corporation shall comply with such
directions.]

[62C. (1) All primary schools vesting wholly or partly in the corporation
1
Primary
schools and
and all schools wholly or partly maintained by grants payable from the schools
municipal fund shall at all times be open to all officers appointed by 3[the maintained by
grants to be
4
[State] Government] for the inspection of schools, and all resonable facilities open to officers
shall be given to any such officer for visiting any such school for the purpose appointed by
4
[State]
of inspection or examination. Government
for inspection.
(2) Every recommendation made regarding any such school by any such
officer shall be duly considered by the 6[corporation] and the 6[corporation]
may there upon take such action as may in their opinion be required and
shall, if so requested by the 7[Director of Education], in any particular case,
inform him of their decision and the action, if any taken.

1
Sections 62A and 62C came into force on the 1st March 1909, see B.G.G., 1909,
pt. I, p. 229.
2
This section was substitued for the original section 62B by Bom. 15 of 1920, s. 20.
3
The words “ the Provincial Government” were substituted for the word “ Government” by the
Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5
Section 62BB was inserted by Bom. 48 of 1950, s. 30.
6
This word was substituted for the words “ school-committee ” , by Bom. 48 of 1950, s. 31.
7
These words were substituted for the words “ Director of Public Instruction for the Presidency of
Bombay ” by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

H 4094—15
 L-1 H 4094
78 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) In all matters connected with grants for the aid of primary schools other than
municipal schools the 1[corporation] shall administer aid to schools complying with the
necessary conditions in accordance with the provisions of the Government Garnt-in-aid
Code, subject to such modifications, if any, as may, from time to time be made in the
2 3
said Code by the Corporation with the previous sanction of [the [State] Government].

Corporation to 4
[62D. The Corporation shall provide and pay the Trustees of the Prince of Wales
provide annual
sum for the Museum of Western India at the commencement of each official year a sum of fifty
Prince of Wales
Museum of thousand rupees, for the purposes of the said Museum.]
Western India.

2
Corporation to 5
[62E. 6[(1) The corporation shall make payments at such rates per head as [the 3
provide for
maintenance of [State] Government] from time to time by general or special order, prescribed, for the
lunatics.
maintenance and treatment either in the city or at any asylum, hospital or house,
2
whether within or without the city which [the 3[State] Government] declares by
notification to be suitable for such purpose, of pauper lunatics not being persons for
whose confinement an order under Chapter XXXIV of the *Code of Criminal Procedure, Vof 1898.
1898, is in force, resident within or under any enactment for the time being in force
removed from, the city :

Provided that the corporation shall not be liable under this section for the maintenance
and treatment of any lunatic in any such asylum, hospital or house as aforesaid, unless
such lunatic, previous to his admission thereto, has been resident in the city for at least
one year :

7
[Provided also that where an application is made to the High Court under the provisions
of section 88 of the Indian Lunacy Act, 1912, no order for the payment of the cost of IV of
1912.
maintenance of the lunatic by the corporation shall be made without an opportunity
being given to the corporation to show that the lunatic is not pauper and has an estate
applicable to his maintenance or that there is a person legally bound, and having the
means to maintain him] :

1
This word was substituted for the words “ school committee ” , by Bom. 48 of 1950. s. 31.
2
The words “ the Provincial Government ” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
This section was substituted for the original by Bom. 48 of 1950, s. 32.
5
The new section 62E was inserted by Bom. 1 of 1905, s. 16.
6
This section was renumbered as sub-section (1) of that section by Bom. 76 of 1948, s. 4(1).
7
This proviso was inserted, by Bom. 76 of 1948.
*
See now the Code of Criminal Procedure, 1973 (2 of 1974).
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 79

Provided further that the rates prescribed by 1[the 2[State] Government]

under this section shall not exceed half the total cost of maintenance and
treatment incurred per head on account of the lunatics for whose maintenace
and treatment the corporation shall be liable under this section.

[(2) The officer-in-charge of an asylum, hospital or house to which lunatics

3

for whose maintenance and treatment the corporation are liable under this
section are admitted shall maintain a clear account of the cost of maintenance
and treatment incurred on account of such persons detained in asylum,
hospital or, house and shall furnish a copy thereof to the corporation.]

63. The corporation may, in their descretion, provide from time to time, Matters which
may be
either wholly or partly, for all or any of the following matters, namely :— provided for by
the corporation
[(a) slum improvement and upgradation ;
4 at their
discretion.

(aa) urban poverty alleviation ;]

[(b) the furtherance of educational objects other than those mentioned

5

in clause (q) of section 61 ;

(c) the establishment, aiding or maintaining libraries, museums, art-

galleries, botanical or zoological collections ;

(d) the laying out or the maintenance of public parks, gardens or

recreation grounds ;

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

(f) surveys of building or lands ;

(g) registration of marriages ;

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

6

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

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

7

(jja) the construction, purchase, organisation, maintenance, extension

and management of tramways, trackless trams, or mechanically propelled
transport facilities for the conveyance of the public ;

(jjb) the purchase, maintenance, management and conduct of any

undertaking for the supply of electric energy or gas to the public or the
subsiding of any such undertaking;

1
The words “ the Provincial Government ” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial “ by the Adaptation of Laws Order, 1950.
3
This sub-section was inserted by Bom. 76 of 1948, s. 4(2).
4
Clauses (a) and (aa) were inserted by Mah. 41 of 1994, s. 36.
5
Clauses (b) to (e) were substituted for the original clauses by Bom. 12 of 1947, s. 2(i).
6
Clause (h) was substituted for the original clause by Bom. 12 of 1947, s. 2(ii).
7
Clauses (jj), (jja), (jjb) and (jjc) were substituted for clause (jj), by Bom. 12 of 1947, s. 2(iii).

H 4094—15a
 L-1 H 4094
80 Mumbai Municipal Corporation Act [1888 : Bom. III

(jjc) the acquistion of immovable or movable property for any of the

purposes beforementioned, including payment of the cost of investigations,
surveys or examinations in relation thereto, or the construction or
adaptation of buildings necessary for such purposes] ;
1
[(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 a 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;]
2
[(jje) welfare measures for the Scheduled Castes, Scheduled Tribes,
Vimukata 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 at 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;
3
[(l) making any contribution towards any public reception, ceremony or
entertainment:

Provided that, the total expenditure on account of such contributions

during any official year shall not exceed one lakh of rupees or such higher
amount as the State Government may, from time to time, by notification
published in the Official Gazette, specify in this behalf;]
4
[(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 Trusts Act, 1950 for establishing or running a hospital Bom.
XXIX of
to provide medical facilities to the employees of the 5[Brihan Mumbai 1950.
Electric Supply and Transport Undertaking] and the members of the
families.]
Performance of 6
[63A. Where any duty has been imposed on, or any function has been
functions by
agencies. assigned to the Corporation under this Act or any other law for the time
being in force, or the Corporation has been entrusted with the
implementation of a scheme, the Corporation may—

(a) either discharge such duties or perform such functions or implement

such scheme by itself; or

1
Clause (jjd) was inserted by Mah. 42 of 1976, s. 5.
2
Clause (jje) was inserted by Mah. 21 of 1989, s. 11(a).
3
This portion was substituted for the portion beginning with the words “And with the previous sanction
” and ending with the words “ Greater Bombay ” by Mah. 42 of 1977, s. 4.
4
Clause (m) was added by Mah. 21 of 1979, s. 11(b).
5
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by
Mah. 25 of 1996, s.2.
6
Sections 63A and section 63B were inserted by Mah. 41 of 1994, s. 37.
* Now the Maharashtra Public Tmpts Act.
 L-1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 81

(b) subject to such directions as may be issued and the terms and
conditions as may be determined by the State Government, cause them to
be discharged, performed or implemented by any agency :

Provided that the Corporation may also specify terms and conditions,
not inconsistent with the terms and conditions determined by the State
Government, for such agency arrangements.

63B. The 1[Commissioner] shall, before the 31st day of July every year, Environment
Status Report.
place before the Corporation a report on the status of environment within
Greater Bombay in respect of the last preceding financial year, covering such
matters and in such manner as may be specified by the State Government,
from time to time.]

Respective Functions of the several Municipal Authorities

[64. (1) The respective functions of the several municipal authorities and
2 Functions of
the several
of any Committee appointed under sections 39, 40, 41, 49A or 50 shall be such municipal
as are specifically prescribed in or under this Act. authorities.

(2) Except as in this Act otherwise expressly provided, the municipal

Government of Brihan Mumbai vests in the Corporation.

(2A) On the occurrence of any accident or unforseen event, or on the

threatened occurrence of any disaster, involving or likely to involve extensive
damage to any property of the Corporation or danger to human or animal
life, the Mayor and the Commissioner with the approval of the Mayor shall
take such immediate action, as the emergency shall appear to them to justify
and require, reporting forthwith to the Standing Committee or the
Corporation, when they have done so, the action they have taken and their
reasons for taking the same and the cost, if any, incurred or likely to be
incurred in consequence of such action which is not covered by a current
budget grant:

Provided that, in the absence of either the Mayor or the Commissioner,

any one who is present shall take such immediate decision and action.

(3) Subject, whenever it is in this Act expressly so directed, to the approval

or sanction of the Corporation or the Standing Committee or the
Improvements Committee, or the Education Committee and subject also to
all other restrictions, limitations and conditions imposed by this Act, the
entire executive power for the purpose of carrying out the
provisions of this Act vests in the Commissioner, who shall also—-

(a) perform all the duties and exercise all the powers specifically imposed
are conferred upon him by this Act;

(b) prescribe the duties of, and exercise supervision and control over,
the acts and proceedings of all municipal officers and servants, other than
the municipal secretary and the municipal officers and servants
immediately subordinate to him and subject to regulations at the time being
in force under section 81 dispose of all questions relating to the service of
the said officers and servants and their pay, privileges and allowances;
1
This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 17.
2
Section 64 was substituted by Mah. 27 of 1999, s. 18.
 L 1 H 4094
82 Mumbai Municipal Corporation Act [1888 : Bom. III

(c) perform the duties and exercise the powers imposed or conferred
upon the General Manager by this Act in his absence or on failure by him
to perform or exercise the same ;
(d) give such directives to the General Manager, in the performance of
his duties and exercise of his powers, as the Commissioner may, from time
to time, consider necessary. Where any such directives are given, the
General Manager shall be bound to carry them out within the period
specified on such directives or within such extended period as the
Commissioner may, suo motu at the request of the General Manager, permit,
so, however, that, the extended period shall not exceed three months in
the aggregate. Where the General Manager fails to carry out the directives
even within the extended period, the Commissioner shall be entitled to
act under clause (c) above, as if there has been a failure by the General
Manager to perform his duties or exercise his powers :
Provided that, the Brihan Mumbai Electric Supply and Transport
Committee may, by a resolution passed by a majority of not less than three-
fourths of the total number of its members restrain the General Manager
from carrying out any such directive or directives received by him from
the Commissioner ; and in case of such a restraint, the General Manager
shall not be deemed to have failed in carrying out any such directive ;
(e) be responsible for implementing the decision of the Corporation, the
Standing Committee, the Improvements Committee, the Brihan Mumbai
Electric Supply and Transport Committee and the Education Committee :
Provided that, the Corporation, the Standing Committee or any other
Committee, as the case may be, shall obtain and take into consideration
the remarks of the Commissioner, before making any resolution :
Provided further that, if the Commissioner is of the opinion that the
resolution passed or decision taken by the Corporation or any of the
Committee is against the provisions of any law, for the time being in force
or may lead to wastage of municipal fund or seeks to divert the funds
allocated for any of the obligatory duties of the Corporation to some other
purpose or is against the policy of the State Government, he may, before
implementing the decision, seek the direction from the State Government
shall, within forty-five days from the date of receipt of such reference made
by the Commissioner, issue direction to the Commissioner whether such
decision should be implemented or not and the direction issued by the
State Government shall be binding on the Corporation, or the concerned
Committee, as the case may be.
[(3A) Where, any proposal of the Commissioner requires sanction or
1

approval of any committee under the provisions of this Act, the committee

1
Sub-section (3A) was inserted by Mah. 32 of 2011, s.8.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 83

shall consider and dispose of any such proposal within forty-five days
reckoned from the date of the meeting of the committee held immediately
after the proposal is received by the Municipal Secretary, whether the
item pertaining to such proposal is taken on the agenda of such meeting or
not, failing which the sanction or approval to such proposal shall be deemed
to have been given by such committee and a report to that effect shall be
made by the Commissioner to the corporation :
Provided that, any such deemed sanction or approval shall be restricted
to the extent the proposal conforms to the provisions of this Act or any
other law for the time being in force.]
(4) Subject whenever expressly so directed in this Act to the approval
of the Corporation or the Brihan Mumbai Electric Supply and Transport
Committee and subject also to all other restrictions, limitations and conditions
imposed by this Act, the entire executive power for the purpose of carrying
out the provisions of Chapter XVIA of this Act, vests in the General Manager
who shall also,—
(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. ]

1
[ Prevention of delay in discharge of official duties

64A. (1) The Commissioner shall prepare and publish Citizens’ Charter, Citizens’
Charter.
a list of facilities or services rendered by the Office or Department of the
Corporation, together with the time limit for providing such facilities or

1
This heading and sections 64A, 64B, 64C and 64D were inserted by Mah. 29 of 2011, s.2.
 L 1 H 4094
84 Mumbai Municipal Corporation Act [1888 : Bom. III

services to the general public, within a period of six months from the date of
commencement of the Maharashtra Municipal Corporations and Municipal Mah.
Councils (Second Amendment) Act, 2010. XXIX
of 2011.
(2) If no final decision is taken within the period specified in the Citizens’
Charter by the concerned authorities, the responsibility for inaction shall be
fixed on them and an action mentioned in the relevant Act, rules or regulations
shall be taken against them.

Delegation of 64B. (1) The Commissioner shall publish the list of powers
powers.
delegated to the subordinate officers working under him, for taking final
decision.
(2) The Commissioner shall determine, as far as possible, four or less
number of levels of submission for any matter to reach the concerned Statutory
Committee or the Authority competent to take final decision in the matter,
in any Office or Department in the Corporation.
(3) Lists or powers delegated to the subordinate officers and the levels of
submission shall be prepared and published within one year from the date of
commencemet of the Maharashtra Municipal Corporations and Municipal Mah.
XXIX
Councils (Second Amendment) Act, 2010 and shall be updated on the 1st of 2011.
April of every succeeding year.

Disciplinary 64C. (1) Every Municipal Officer and servant shall be bound to discharge
action.
his official duties and the official work assigned or pertaining to him most
diligently and as expeditiously as feasible :
Provided that, normally no file shall remain pending with any Municipal
Officer or servant in any Department or office under the Corporation for
more than seven working days :
Provided further that, immediate and urgant files shall be disposed of
by any Municipal Officer or servant as per the urgency of the matter, as
expeditiously as possible, and preferably the immediate file in one day or
the next day morning and the urgent file in four days :
Provided also that, in respect of the files not required to be referred to
any other Department within the Corporation and not required to be
submitted to any Statutory Committee, the concerned Department of the
Corporation shall take the decision and necessary action in the matter
within forty-five days and in respect of the file required to be referred to
any other Department but not to any Statutory Committee, decision and
necessary action shall be taken within three months.
(2) Any willful or intentional delay or negligence in discharge of the official
duties or in carrying out the official work assigned or pertaining to such
Municipal Officer and servant shall amount to dereliction of official duties
and shall make such Municipal Officer or servant liable for approriate
disciplinary action under the relevant disciplinary rules applicable to such
employees.
(3) The concerned competent authority, on noticing or on being brought
to its notice any such dereliction of duties on the part of any Municipal Officer
or servant, after satisfying itself about such dereliction on the part of such
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 85

Municipal Officer or servant shall, take appropriate disciplinary action

against such defaulting Municipal Officer or servant under the relevant
disciplinary rules including taking entry relating to such dereliction of duty
in the Annual Confidential Report of such Municipal Officer or servant.

64D. Nothing in section 64C shall apply to,— Non-application

of provisions of
(i) sub-judice matters ; section 64C in
certain
(ii) cases referred to Lokayukta or Upa-Lokayukta and other circumstances.
Constitutional institutions, Commissions, etc. ;
(iii) quasi-judicial matters ;
(iv) cases related to the Central or other State Governments ;
(v) cases related to Legislation; and
(vi) cases involving major policy decisions.]

[65. The Corporation may at any time call for extracts from any
1
Corporation
proceedings of any Committee constituted under this Act, and for any return, may call for
extracts from
statement, account or report concerning or connected with any matter with proceedings
which any such Committee is empowered by or under this Act to deal; and etc. from
committees.
every such requisition shall be complied with by the Committee without
unreasonable delay.]

66. (1) The corporation may at any time require the 2[Commissioner]— Corporation
may require
(a) to produce any record, correspondence, plan or other document which the
is in his possession or under his control as 2[Commissioner], or which is 2
[Commissioner]
to produce
recorded or filed in his office or in the office of any municipal officer or documents and
servant subordinate to him ; furnish
returns,
(b) to furnish any return, plan, estimate, statement, account or statistics reports, etc.
concerning or connected with any matter appertaining to the administration
of this Act or the municipal government of 3[Brihan Mumbai] 4[except
in regard to 5[the Brihan Mumbai Electric Supply and Transport
Undertaking] ; ]
(c) to furnish a report by himself or to obtain from any head of a
department subordinate to him and furnish, with his own remarks thereon,
a report, upon any subject concerning or connected with the administration
of this Act or the Municipal Government of 3[Brihan Mumbai] 4[except
in regard to the 5[Brihan Mumbai Electric Supply and Transport
Undertaking] ].
(2) 6[Except as is hereinafter provided, every] such requisition shall be
complied with by the 2[Commissioner] without unreasonable delay; and it

1
Section 65 was substituted for the original by Mah. 10 of 1998, s. 25.
2
This word was substituted for the word " Mayor " by Mah. 27 of 1999, s. 19 (a).
3
This word was substituted for the word " Greater Bombay " by Mah. 25 of 1996,
s. 2, Schedule.
4
These words were added by Bom. 48 of 1948, s. 9.
5
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking " by
Mah. 25 of 1996, s. 2, Schedule.
6
These words were substituted for the word “ Every ” by Mah. 27 of 1999, s. 19 (b).

H 4094—16
 L 1 H 4094
86 Mumbai Municipal Corporation Act [1888 : Bom. III

shall be incumbent on every municipal officer and servant to obey any order
made by the Commissioner in pursuance of any such requisition.
(3) Provided that if, on such requisition as aforesaid being made, the
1
[Commissioner] shall declare that immediate compliance therewith would
be prejudicial to the interests of the corporation or of the public, it shall
be lawful for him to defer such compliance until a time not later than the
second ordinary meeting of the corporation after he shall have declared
as aforesaid. If at such meeting or any meeting subsequent thereto,
the corporation shall repeat the requisition, and it shall then still appear to
the 1[Commissioner] inexpedient to comply therewith, he shall make a
declaration to that effect, whereon it shall be lawful for the corporation
2
[to elect one councillor, who with the Mayor and the Chairman of the
Standing Committee (or, if the Mayor is also Chairman of the Standing
Committee, with the Mayor and one member of their own body elected by
the Standing Committee) shall form a Committee] who shall engage to keep
secret save as thereinafter provided, the existence and purport of such
documents and matter as may be disclosed to them ; and to the said committee
the l[Commissioner] shall be bound to make known and to disclose all writings
and matters within his knowledge, under his control, or available to him,
and embraced within the requisition ; and the said committee having taken
cognizance of the information, writings and matters so laid before them shall
determine, by a majority in case of difference, whether or not the whole or
any part, and which part, if any of such matters ought to be disclosed to the
Corporation or kept secret for a defined time, which decision shall be
conclusive and shall be reported to the Corporation at the next ordinary
meeting thereof, where also the 1[Commissioner] shall be prepared to produce
documents and to make any report or statement requisite to give effect to
the decision of the Committee when called on to do so by the Corporation.

1
This word was substituted for the word " Mayor " by Mah. 27 of 1999, s. 19 (a).
2
This portion was substituted for the portion begining with the words “to form a Committee” and ending
with the words “one Councillor chosen by the Corporation” by Mah. 27 of 1999, s. 19 (c).
3
This word was substituted for the word “ Mayor “ by Mah. 27 of 1999, s. 19.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 87

1
[(4) The heads of departments subordinate to the 2[Commissioner] are the
City Engineer, the Hydraulic Engineer, the Executive Health Officer, the
Assessor and Collector, the Chief Accountant and the Education Officer.]
3
[(5) In their application to matters relating to the 4[Brihan Mumbai
Electric Supply and Transport Undertaking] the provisions of sub-sections
(1), (2) and (3) shall have effect as if for the word 4 [Commissioner] the words
“ General Manager ” and for the words “ Standing Committee ” the words “
5
[Brihan Mumbai Electric Supply and Transport Committee] ” had been
substituted.]
6
[66A. (1) Subject to any regulations made in this behalf under section 36, Right to ask
a councillor may question the 7 [Commissioner] who shall answer any question questions.

concerning or connected with the administration of this Act or the Municipal

Government of 7[Brihan Mumbai] :
Provided that—
(a) not less than seven clear days’ notice in writing specifying the
question 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 propositions ; or
(ii) which concerns or is connected with, either directly or indirectly,
any pending suit or proceedings, in any court of law or before any tribunal
in any part of 8[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 charge 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.
(2) The 8[Mayor] shall disallow any question which is, in his opinion, in
contravention to the provisions of sub-section (1).

1
This sub-section was substituted for the original by Bom. 48 of 1950, s. 34.
2
This sub-section was added by Bom. 48 of 1948, s. 9.
3
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s. 2. Schedule.
4
These words were substituted for the words “ Bombay Electric Supply and Transport Committee”
ibid.
5
Section 66A was inserted by Bom. 23 of 1930, s. 3.
6
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996. s. 2, Schedule.
7
These words were substituted for the words “ His Majesty’s possession ” by the Adaptation of Laws
Order, 1950.
8
This word was substituted for the words “ Mayor or any member of the Mayor-in-Council ” by Mah.
27 of 1999, s. 20(a).

H 4094—16a
 L 1 H 4094
88 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) If any doubt arises whether any question is or is not within the
restrictions imposed by sub-section (1), the 1[Mayor] shall decide the point
and his decision shall be final.
(4) The 2[Mayor] shall not be bound to answer a question if in his opinion
it cannot be answered without detriment to the interests of the Corporation
or if, it asks for information which has been communicated to him in
confidence.]
3
[(5) The General Manager shall without unreasonable delay furnish the
4
[Commissioner] with such information relating to the 5[Brihan Mumbai
Electric Supply and Transport Undertaking] as he may require for the purpose
of answering any question under this section.]
Discussion on [66B. (1) Any Councillor may give notice of raising discussion on a matter
6
urgent public
matters.
of urgent public importance to the Municipal Secretary specifying the matter
to be raised.
(2) Such notice supported by the signatures of at least two other elected
Councillors shall reach the Secretary at least seventy-two hours before the
date on which such discussion is sought and the Secretary shall place before
the 7[Mayor in his absence, the Deputy Mayor] authorised by him and circulate
the same among the Councillors in such manner, as he may think fit.
(3)    There shall be no formal resolution or voting.
Asking for 66C. (1) Any Councillor may ask for statement to be made by the
statement
from
8
[Commissioner] on an urgent matter relating to the administration of the
8
[Commissioner] Corporation by giving a notice to 9[the Commissioner] at least one hour before
the commencement of the sitting on any day.
(2)    The Mayor 10* * may either make a brief statement on the same day
or fix a date for the same.
(3)   Not more than two such matters shall be raised at the same sitting
and in the event of more than two matters being raised, priority shall be
given to the matters which are, in the opinion of the 11 [Mayor] more urgent
and important.
(4)  There shall be no debate on such statement at the time it is made.]
Exercise of 67. The exercise by any municipal authority of any power conferred or the
power to be
subject to
performance of any duty imposed by or under this Act, which will involve
sanction by expenditure shall, except in any case specified in sub-section (2) of section
Corporation of 115 12[or of section 460DD] be subject to the following provisos, namely :—
the necessary
expenditure. (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 13* *
1
This word was substituted for the words “ Chairperson of the Corporation ” by Mah. 27 of 1999,
s. 20(c).
2
This word was substituted for the word “ Mayor or any member of the Mayor-in-Counciil”, by Mah. 27
of 1999, s. 20(d). .
3
Sub-section (5) was added by Bom. 48 of 1948, s. 10.
4
This word was substituted for the words “ Member of the Mayor-in-Council” by Mah. 27 of 1999,
s. 20(e).
5
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2. Schedule.
6
Sections 66B and 66C were inserted by Mah. 10 of 1998, s. 28.
7
These words were substituted for the words “ Chairperson of the Corporation, or in his absence, the
Deputy Chairperson ” by Mah. 27 of 1999, s. 21.
8
This word was substituted for the word “ Mayor ” by Mah. 27 of 1999,s. 22 (a).
9
This words was substituted for the words “ Chairperson of the Corporation or, in his absence, the
Deputy Chairperson ”, by Mah. 27 of 1999, s. 22(b).
10
The words “ or the Member-in-charge” were deleted, by Mah. 27 of 1999, s. 22 (c).
11
This word was substituted for the words “ Chairperson of the Corporation or, the Deputy Chairperson”
by Mah. 27 of 1999, s. 22(d).
12
These words were inserted by Bom. 48 of 1948, s. 10.
13
The word “and ” was deleted by Mah. 42 of 1976, s. 6(a).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 89

(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 ;
1
[(c) that, where the sanction to 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.]

[68. Any of the powers, duties and functions conferred upon, assigned
2
Delegation of
powers of
to or vested in the Corporation, the 3[Mayor,] Commissioner or the General Municipal
Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or Authorities.

under this Act, may be exercised, performed or discharged by any municipal

officer to whom such power, duties or functions are delegated by the
concerned authority by general or special order made, from time to time, in
this behalf.]

68A4 * * * * * * * *

[68AA. (1) Notwithstanding anything contained in section 68 or any

5
Government
officers may be
other provisions of this Act, the State Government may, after consultation empowered to
with the Commissioner, by order published in the Official Gazette, empower exercise certain
powers, etc.,
any Government officer, who is holding or has held an office, which in its of the
Commissioner.
opinion is not lower in rank than that of Additional Collector, either by name
or by virtue of office, also to exercise, perform and discharge the powers,
duties and functions conferred or imposed upon and vested in the
Commissioner by sections 314, 351 and 352A.
(2) The Government officer empowered under sub-section (1) may by order
in writing direct that the powers, duties and functions conferred or imposed
upon and vested in him by the State Government may also be exercised,
performed and discharged, by such officer or officers subordinate to him,
who are holding or have held an office which is not lower in rank than that of
Deputy Collector, as may be authorised by him either by name or by virtue of
office.

1
Clause (c) was added by Mah. 42 of 1976, s. 6(b).
2
Section 68 was substituted by Mah. 10 of 1998, s. 29.
3
This word was substituted for the words “Mayor-in-Council, the Mayor, Member-in-charge” by Mah.
27 of 1999, s. 23.
4
Sections 68A and 68B were deleted by Mah. 10 of 1998, s. 30 and 31.
5
Section 68AA was inserted by Mah. 71 of 1981, s. 2.
 L 1 H 4094
90 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) When any Government officer is empowered under sub-section (1) or is

authorised under sub-section (2), in each of sections 314, 351 and 352A, the
word “ Commissioner ” shall be deemed to include any such officer.]

68B. 1
* * * * * * * *

Contracts

Power to the 69. With respect to the making of contracts under or for any purpose of
Commissioner
to execute this Act, the following provisions shall have effect, namely :—
contracts on
behalf of the (a) every such contract shall be made on behalf of the Corporation by
corporation.
the Commissioner ;

(b) no 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 ;
2
[(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 3[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
expenditure in 4[excess of seventy-five lakh rupees], approval of the
Standing Committee shall be necessary :

[Provided that, every contract made by the Commissioner involving an

5

expenditure exceeding five lakh rupees and not exceedingseventy-five

lakh rupees shall be reported by him within fifteendays after the same has
been made to the Standing Committee :]

[Provided further that], the total amount of all sanctions granted by the
6

Mayor shall not exceed 7[seven crore fifty lakh rupees] during a year :

1
Sections 68A and 68B were deleted by Mah. 10 of 1998, s. 30 and 31.
2
Clause (c) was substituted by Mah. 11 of 2002, s.5.
3
These words were substituted for the words “ten lakhs but not exceeding
rupees fifteen lakhs” by Mah. 32 of 2011, s. 9 (a).
4
These words were substituted for the words “excess of fifteen lakh rupees ” by Mah. 32 of 2011, s. 9 (b).
5
This proviso was inserted by Mah. 32 of 2011, s. 9 (c).
6
These words were substituted for the words “ provided that ” by Mah. 32 of 2011,
s. 9 (d)(i).
7
These words were substituted for the words “ one crore rupees ” by Mah. 32 of 2011, s. 9(d)(ii).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 91

[Provided also that, notwithstanding anything contained in section 64,]

1

the Standing Committee shall consider and dispose of the proposals made
by the Commissioner within thirty days from the receipt thereof failing
which the previous approval to such contract shall be deemed to have been
given by the Standing Committee and a report thereof shall be made by
the Commissioner to the Corporation.]
[Explanation.—For the purposes of this clause, the period of “ thirty
2

days from the receipt ” shall be reckoned from the date of the meeting of
the Standing Committee held immediately after the proposal is received
in the office of the Municipal Secretary whether the item pertaining to
such proposal is taken on the agenda or not.]
3
[****************************]
(e) the foregoing provisions of this section 4[shall, as far as may be,] apply
to every contract which the Commissioner shall have occassion to make in
the execution of this Act ; and the same provisions of this section which
apply to an original contact shall be deemed to apply also to any variation
or discharge of such contract.

70. (1) Every contract entered into by the Commissioner on behalf of Mode of
excecuting
the corporation shall be entered into in such manner and in form as would contracts.
bind the Commissioner if such contracts were on his own behalf, and may
in the like manner and form be varied or discharged :
Provided that—
(a) where any such contract, if entered into by the Commissioner, would
require to be under seal, the same shall be sealed with the common seal of
the corporation ; and
(b) every contract for the execution of any work or the supply of any
materials or goods which will involve an expenditure exceeding
5
[fifty thousand rupees] shall be in writing and shall be sealed with the
common seal of the corporation 6[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.
[(1A) Notwithstanding anything contained in the proviso ( b) to
7

sub-section (1) it shall be lawful for the Commissioner in case of contracts

relating to the execution of any work or the supply of any materials or
goods to dispense, by an order in writing, with the execution of a written

1
These words and figures were substituted for the words “ Provided further that ”
by Mah. 32 of 2011, s. 9 (e)(i).
2
This Explanation was added, by Mah. 32 of 2011, s. 9 (e) (ii).
3
Clasue (d) was deleted by Mah. 37 of 1981, s. 4(b).
4
These words were substituted by Bom. 13 of 1933, s. 12 (b).
5
These words were substituted for the words “ ten thousand rupees ” by Mah. 10 of 1998, s. 33(a).
6
These words, figure and brackets were inserted by Bom. 10 of 1935, s. 2(1).
7
Sub-section (1A) was inserted by Bom. 12 of`1936, s. 4.
 L 1 H 4094
92 Mumbai Municipal Corporation Act [1888 : Bom. III

instrument if such work has already been performed or the materials or

goods have already been supplied to his satisfaction.]
[(2) The common seal of the corporation which shall remain in the
1

custody of the Municipal Secretary, shall be affixed in the presence of 2[any

two persons from amongst any two members of the Standing Committee,
Municipal Secretary and any officer, not below the rank of Deputy Municipal
Commissioner, as may be authorised by the Commissioner] to every contract
or other instrument 3[other than contract relating to the acquisition of
immovable property or interest therein or a right thereto, require to be
under seal] and such contract or instrument shall be signed by 4[the said
two persons] in token that the same was sealed in 5[their] presence. 6[The
signature of 7[the said two persons] shall be distinct from the signatures of
any witnesses to the execution of any such contract or insturment :]
[Provided that, in the case of any contract entered into for the purposes
8

of clause (q) of section 61, the seal shall be so affixed in the presence of,
and the contract shall be signed by, two members of the Education
Committee 9 *************.]

Contract not 71. No contract 10[of the nature specified in sub-section (2), of the last
binding on
the preceding section] not executed as in the 11[said] section provided shall be
corporation binding on the corporation.
unless
executed as
prescribed in
section 70.

Tenders to be 72. (1) Except as is hereinafter otherwise provided, the Commissioner shall,
invited for
contracts at least seven days before entering into any contract for the execution of any
involving work or the supply of any materials or goods which will involve an expenditure
expenditure
exceeding exceeding 12[three lakhs rupees] give notice by advertisement in the local
14
[three lakhs newspapers, inviting tenders for such contract.
rupees].
[Provided that, the notice of any tender for contract not exceeding the
13

amount of three lakh rupees shall be uploaded on the official website of the
corporation.]

1
Sub-section (2) was substituted for the original sub-section by Bom. 13 of 1933, s. 13.
2
These words were substituted for the words “ two members of the standing committee ” by Mah.
32 of 2011, s. 10(a).
3
These words were substituted for the words “ other than a contract relating to the acquisition of
immovable property or interest therein or right thereto ” by Bom. 10 of 1935, s. 2(2).
4
These word were substituted for the words “ the said two members ” by Mah. 32 of 2011, s. 10(b).
5
This words was substituted for the word “ his ” by Mah. 27 of 1999, s. 25(b).
6
These words were substituted for the words “ Members-in-charge ” by Mah. 27 of 1999, s. 25(c).
7
These words were substituted for the words “ the said two members ” by Mah. 32 of 2011, s. 10(c).
8
This proviso was inserted by Mah. 27 of 1999, s. 25(d).
9
The words “in lieu of two members of the standing committee” were deleted by Mah. 32 of 2011,
s. 10(d).
10
These words were inserted by Bom. 13 of 1933, s. 14(i).
11
The word “ said ” was substituted for the words “ last preceding ”, by Bom. 13 of 1933, s. 14(ii).
12
These words were substituted for the words “ fifty thosand rupees ” by Mah. 32 of 2011, s. 11(1)(a).
13
This proviso was added, by Bom. 13 of 1933, s. 11(1)(b).
14
These words were substituted for the letters and figures “ Rs. 50,000 ” by Mah. 32 of 2011, s. 11(2).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 93

(2) The Commissioner shall not be bound to accept any tender which may
be made in pursuance of such notice, but may accept, subject to the provisions
of clause (c) of section 69, any of the tenders so made which appears to him,
upon a view of all the circumstances, to be the most advantageous.
[(3) Provided that the standing committee or in the case of a contract to be
1

entered into for the purposes of clause (q) of section 61, the Education
Committee may authorize the Commissioner, for reasons which shall be
recorded in their proceeding, to enter into a contract without inviting tenders
as herein provided or without accepting any tender which he may receive
after having invited them.]

[72A. Notwithstanding anything contained in this Act but subject to the

2
Power to
execute
terms and conditions, as may be determined by the State Government, by contracts with
general or special orders, the Commissioner may enter into any contract for unemployed
Engineers.
the execution of work, which involves expenditure not exceeding rupees five
lakhs, with unemployed Engineers :
Provided that, the terms and conditions so determined by the State
Government shall also include the conditions as to the qualification,
experience and the provisions for registration of the unemployed
Engineers :
Provided further that, the Corporation may also specify the terms and
conditions, not inconsistent with the terms and conditions determined by
the State Government for the execution of such contract.]

73. The Commissioner shall require sufficient security for the due Security
when to be
performance of every contract in which he enters under the last preceding taken for
performance
section, and may, in his discretion, require security for the due performance of contract.
of any other contract into which he enters under this Act.

[731A. Nothing in sections 69 to 73, both inclusive, shall apply to contract

3
Saving of
contracts
made under Chapter XVI-A of this Act.] under
Chapter
XVI-A.

1
This sub-section was substituted by Mah. 27 of 1999, s. 26.
2
Section 72A was inserted by Mah. 11 of 2002, s.6.
3
This section was inserted by Bom. 48 of 1948, s. 13.

H 4094—17
 L 1 H 4094
94 Mumbai Municipal Corporation Act [1888 : Bom. III

CHAPTER IV

MUNICIPAL OFFICERS AND SERVANTS

1
[Special Engineer, City Engineer, Hydraulic Engineer, Executive
Health Officer, Education Officer, Municipal Secretary,
Municipal Chief Auditor and other Officers.]
Appointment 2
[73A. (1) The Corporation may as soon as conveniently may be after the
of Special
Engineer.
coming into operation of the City of Bombay Municipal (Amendment) Act, Bom.
1947 appoint a Special Engineer to execute powers and perform duties in IV of
1947.
connection with all schemes for postwar reconstruction and general
development of the City including schemes for water supply and slum
clearance. A person appointed as Special Engineer shall hold the post for
3
[such period not exceeding seven years as the Corporation may determine].
The Special Engineer shall also exercise and perform such powers, duties
and functions under this Act as the Commissioner may from time to time
direct.
(2) The Special Engineer shall receive such monthly salary and allowances
as the corporation shall from time to time determine.
(3) The Special Engineer shall devote his whole time and attention to the
duties of his office.
(4) The provisions of section 80B shall not apply to the appointment of the
Special Engineer.
(5) The appointment of the Special Engineer shall be subject to
4
confirmation by the [State] Government.
(6) During the continuance of the appointment of the Special Engineer---
(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 ".]
Appointment 74. (1) The corporation shall appoint fit persons to be municipal 5[city
of 5[city
enginner,] engineer], 6*municipal executive health officer, 7[and municipal hydraulic
executive engineer].
health
officer and (2) Each of the said officers shall–
hydraulic (a) be appointed for a renewable term of five years :
engineer. 8
[Provided that if any of such officers is a municipal officer and due to
retire under the regulations made and applicable to him under section 81 on
a date earlier than the expiry of the period of five years from the date of his
appointment or re-appointment, he may be appointed or re-appointed for a
period of five years or a lesser period;

1
This heading was substituted for the heading " Special Engineer, City Engineer, Executive Health
Officer and Hydraulic Engineer " by Bom. 48 of 1950, s. 39.
2
Section 73A was inserted by Bom. 4 of 1947. s. 3.
3
These words were substituted for the words " a period of five years " by Bom. 20 of 1952, s. 3.
The amendment shall be deemed to have been made on and to have effect from the 21st day of March
1952 [vide s. 21(1) of Bom. 20 of 1952].
4
This word was substituted for the word “ provincial ” by the Adaption of Laws Order, 1950.
5
The words “ city engineer ” were substituted for the original words “ Executive Engineer ” by Bom.
19 of 1930, s. 6.
6
The word “ and ” was omitted by Bom. 2 of 1911, s. 2 (a).
7
These words were added, by Bom. 2 of 1911, s.2 (b).
8
This proviso was added by Bom. 76 of 1948, s. 6.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 95

(b) devote his whole time and attention to the duties of his office ;
1
[ (c) receive such monthly salary as the corporation 2[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 ;]
3
* * * * * * *
(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 :
(3) Provided that—
(e) no person shall be appointed to be executive health officer who is not
a legally qualified medical practitioner;
4
[ (ee) the executive health officer may accept for such period
as may be sanctioned by the corporation any appointment, whether
honorary or otherwise, which has for its object the promotion of public
health, whether by means of education or otherwise, and which in the
opinion of the corporation would not interfere with his duties as executive
health officer; ]
(f) the corporation may, in their discretion, appoint a person
probationary, for a limited period only, to 5[any] of the said offices, previ-
ous to appointing him for the full term of five years ;
(g) every appointment made under this section shall be subject to con-
firmation by 6[the 7[State] Government].
8
[(4) Any person appointed as City Engineer and Hydraulic Engineer shall
be subordinate to the Director and shall perform their duties and exercise
their powers, subject to the control and supervision of the Director.]

75. (1) On the occurance of a vacancy in the office of 9[city engineer] or of Time within
executive health officer 10[or of hydraulic engineer] an appointment shall be which
vacancy in
made thereto by the corporation within four months from the date on which office of
the vacancy occurred, or in the event of any appointment so made by them 9
[city
engineer] or
not being confirmed by 6[the 7[State] Government] within thirty days from executive
the date of the receipt by the corporation of the order of 6[the 7[State] Gov- health
ernment]. officer or
hydraulic
(2) In default of an appointment being made by the corporation as afore- engineer
said 6[the 7[State] Government] may appoint a person to fill the vacancy, and must be
filled up.
such appointment shall for all purposes be deemed to have been made by the
corporation.

1
This clause was substituted for the original by Bom. 13 of 1938, s. 28,
2
This was substituted for the portion beginning with the words “ shall subject to the following ” and
ending with the words, letters and figures “ less than Rs. 1,200 ” by Mah. 5 of 1970, s. 5, with effect from
1st April 1966.
3
Bom. 6 of 1943 by which the proviso was added to clause (c) of sub-section (2) of section 74 lapsed. The
proviso, therefore, ceased to be in force with effect from 3rd April 1948 and has been deleted.
4
This clause was inserted by Bom. 6 of 1916, s. 3(3).
5
The word “ any ” was substituted for the word “ either ” by Bom. 2 of 1911, s.2(c).
6
The words “ Provincial Government ” were substituted for the words “ Governor-in-Council ” by the
Adaptation of Indian Laws Order in Council.
7
This word was substituted for the words “ Provincial ” by the Adaptation of Laws Order, 1950.
8
Sub-section (4) was added by Mah. 53 of 1981, s. 14.
9
The words “ city engineer ” were substituted for the words “ executive engineer ” by Bom. 19 of 1930,
s.6.
10
These words were inserted by Bom. 2 of 1911, s. 3.

H 4094—17a
 L 1 H 4094
96 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) Pending the settlement of an appointment under sub-section (1) or (2)

the corporation may appoint a person to fill the vacancy temporarily and
may direct that the person so appointed shall receive such monthly salary
not exceeding 1[the maximum permissible under clause (c) of sub-section (2)
of section 74, in respect of the officer in whose place such person is appointed]
as it shall think fit. A person so appointed to be temporary executive health
officer need not be a legally qualified medical practitioner.
Executive 76. The executive health officer appointed under this Act shall be the
health officer to
be the consult- consulting officer of health for the purposes of Bombay Act VI of 1867 (an Act
ing officer of for the better sanitary regulation of the City of Bombay).
health under
Bombay Act VI
of 1867.
2
[Education Officer.
Appointment 76A. The corporation shall from time to time appoint a fit person to be
of Education the Municipal Education Officer, who shall—
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 3[and secondary] education,
as the Commissioner may from time to time assign to him;
(b) receive such monthly salary 4[as the Corporation shall, from time to
time, with the approval of the State Government, determine ; but the sal-
ary of such officer shall not be altered to his disadvantage during his pe-
riod of office] ;
(c) be removable at any time from office by the Corporation for miscon-
duct or for neglect of or incapacity for duties of the office.]
5
[Appointment of medical officers in connection with measures of
public medical relief.
Corporation to 76B. The corporation shall from time to time appoint such legally quali-
appoint qualified
medical fied medical practitioners as may be necessary to the charge of any hospital
practitioners to maintained by the corporation in connection with measures of public medi-
the charge of
hospitals cal relief carried out under clause (gg) of section 61 and determine their
maintained by salaries.]
the corporation.

Municipal Secretary.
Appointment of
municipal
77. (1) The6[corporation] shall from time to time appoint a fit person to be
secretary. municipal secretary.
(2) The municipal secretary shall be secretary of the corporation and also
of 7[the Standing Committee and the Improvements Committee] and shall—
(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 8[the Standing Com-
mittee and the Improvements Committee] as shall be required by him by
those bodies respectively ;

1
These words were substituted for the original words by Bom. 2 of 1900, s. 1.
2
This heading and section 76A were substituted for the original by Bom. 48 of 1950, s. 41.
3
These words were inserted by Mah. 21 of 1989, s. 14.
4
This was substituted for the portion beginning with the words “ not exceeding ” and ending with the
words “ time to time determine ” by Mah. 5 of 1970, s. 6, with effect from 1st April 1966.
5
This heading and section 76B were inserted by Bom. 3 of 1907, s. 13(1).
6
The word “ corporation ” was substituted for the original words “ standing committee ” by Bom.
6 of 1922, s. 24(a).
7
These words were substituted for the words “ the Municipal Accounts Committee ” by Mah. 27 of 1999,
s. 27(a).
8
These words were substituted, by Mah. 27 of 1999, s. 27(b).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 97

(b) have the custody of all papers and documents connected with the
proceedings of–
(i) the corporation and any committee appointed by the corporation
1 2
[under section 38 [or 38A] ;]
3
[(ii) the Standing Committee and any sub-Committee thereof;]
(iii) the Improvements Committee and any sub-Committee thereof;
(iv) the Education Committee and any sub-Committee thereof;
4
[(v) the Wards Committees ;]
(c) devote his whole time and attention to the duties of his office ;
5 6
[(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 7* * * corporation.
8
78. (1) [The Standing Committee in consultation with the Mayor and
the Commissioner,] may from time to time ––
(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 Appointment
of clerks and
prescribing the duties of the said clerks and servants. servants
subordinate to
the municipal
secretary.
9
(2) The municipal secretary, subject to the orders [of the Standing Control, etc. of
Committee] shall exercise supervision and control over the acts and the said clerk
10 and servant.
proceedings of the said clerks and servants, [and the Standing Committee,]
subject to the regulations at the time being in force under section 81, shall
dispose of all questions relating to the service of the said clerks and servants
and their pay, privileges and allowances.
11
[Municipal Chief Auditor
12
Mah. XII 78A. (1) [On and from the 10th March 2011 being the date of Appoint-
of 2011. ment of
commencement of section 2 of the Maharashtra Municipal Corporation Municipal
(Amendment) Act, 2011, the State Government, shall appoint, on deputation Chief Auditor.
a suitable officer, not below the rank of the Joint Director from the
Maharashtra Finance and Account Services to be the Municipal Chief Auditor,
on such terms and conditions as may be prescribed], who shall —
1
These words and figures were added by Bom. 48 of 1948, s. 14.
2
The word, figures and letter were inserted by Mah. 27 of 1999, s.27(c)(i).
3
These clauses were inserted, by Mah. 27 of 1999, s. 27 (c)(ii).
4
Sub-clause (v) was inserted by Mah. 41 of 1994, s. 38.
5
Clause (d) was substituted by Bom. 48 of 1950, s.42(i).
6
This portion was substituted for the portion begining with the words “not exceeding” and ending
with the words “time to time determine” by Mah. 5 of 1970, s. 7, with effect from the 1st April
1966.
7
The words were deleted by Bom. 6 of 1922, s. 24 (b).
8
This portion was substituted for the words “The Municipal Secretary in consultation with the
Chairperson of the Corporation and the Mayer” by Mah. 27 of 1999, s. 28(a).
9
These words were substituted for the words “of the Corporation”, by Mah. 27 of 1999, s. 28 (b)(i).
10
These words were substituted for the words “and the Chairperson of the Corporation” by Mah.
27 of 1999, s. 28 (b)(ii).
11
This heading and these sections were inserted by Bom. 2 of 1938, s. 3.
12
This portion was substituted for the words “ The Corporation shall from time to time appoint a
fit person to be Municipal Chief Auditor” by Mah. 12 of 2011, s. 2 (a).
 L 1 H 4094
98 Mumbai Municipal Corporation Act [1888 : Bom. III
1
[(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 2[ the Water and Sewage Fund and the Consolidated Water Supply
and Sewage Disposal Loan Fund as shall be required of him by the
3
corporation or by the [Standing Committee] and with regard to the audit
4
of the accounts of the [Brihan Mumbai Electric Supply and Transport Fund]
5
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 6[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 :
7
[Provided that, nothing in this section shall affect the appointment and
terms and conditions of services of the Municipal Chief Auditor holding
Mah. XII of office as such on the 10th March 2011 being the date of commencement of
2011.
section 2 of the Maharashtra Municipal Corporation (Amendment) Act,
2011].
(2) The municipal chief auditor shall not be eligible for further office
under the corporation after he has ceased to hold his office.
Appointment, 78B. (1) The 8[Standing Committee] may from time to time—
salaries, fees,
allowances and (a) appoint such assistant auditors, clerks and servants to be
duties of
assistant immediately subordinate to the municipal chief auditor as they think fit;
auditors, clerks
and servants (b) determine the nature and amount of the salaries, fees and allowances
subordinate to to be paid to the said assistant auditors, clerks and servants respectively ;
the municipal
chief auditor. (c) prescribe or delegate to the municipal chief auditor the powers of
prescribing the duties of the said assistant auditors, clerks and servants.

Control, etc. of (2) Subject to the orders of the 8[Standing Committee], the municipal chief
the said auditor shall exercise supervision and control over the acts and proceedings
assistant,
auditors, clerks of the said assistant auditors, clerks and servants, and the 8[Standing
and servants. Committee], subject to the regulations at the time being in force under section
81, shall dispose of all questions relating to the service of the said assistant
auditors, clerks and servants and their pay, privileges and allowances.]

1
Clause (a) was substituted for the original by Bom. 48 of 1948, s. 15.
2
These words were inserted by Mah. 34 of 1973, s. 3.
3
These words were substituted for the words “Municipal Accounts Committee” by Mah. 27 of 1999, s. 29(a).
4
These words were substituted for the words “ Bombay Electric Supply and Transport Fund” by Mah.
25 of 1996, s. 2. Sch.
5
These words were substituted for the words “Municipal Accounts Committee” by Mah. 27 of 1999,
s. 29 (b).
6
This was substituted for the portion begining with the words “not exceeding” and ending with the
words “from time to time determine” by Mah. 5 of 1970, s. 8., with effect from 1st April 1966.
7
This proviso was added by Mah. 12 of 2011, s. 2 (b).
8
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 30.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 99

1
[Municipal Chief Accountant

78C. (1) The Corporation shall from time to time appoint a fit person to Appointment of
Municipal
be the Municipal Chief Accountant 2[(Finance)]. He shall— Chief
Accountant
[(a) be the Principal Municipal Finance Officer to advice the
3 2
[(Finance)].

Commissioner on financial matters and perform such duties with regard

to the municipal finance as shall be required of him by the Corporation,
4
[Standing Committee] or the Commissioner;]

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

(c) receive such monthly salary 5[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.
6
* * * * * * *
7
[78D. The Corporation shall, from time to time, appoint a fit person to be Appointment
of
the 8[Municipal Chief Accountant (Water Supply and Sewerage).] He shall— 8
[Municipal
Chief
Accountant
(a) keep the accounts of the Water and Sewerage Fund and the
(Water
Consolidated Water Supply and Sewerage Disposal Loan Fund and perform Supply and
Sewerage)].
such duties with regard to the said accounts as shall be required of him by
the Corporation or 9[ 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.]

1
This heading and section 78C were inserted by Bom. 48 of 1950,s. 44.
2
These brackets and word were added by Mah. 11 of 2002, s. 7.
3
Clause (a) was substituted for the original by Mah. 70 of 1975, s. 5(a).
4
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of
1999, s. 31.
5
This was substituted for the portion begining with the words “ not exceeding ”
and ending with the words “ from time to time determine ” by Mah. 5 of
1990, s.8, with effect from 1st April 1966.
6
Sub-section (2) was deleted by Mah. 70 of 1975, s.5(b).
7
Section 78D was inserted by Man. 34 of 1973, s. 4.
8
These words were substituted for the words “Additional Municipal Chief Accountant” by Mah.
11 of 2002, s. 8.
9
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s. 32.
 L 1 H 4094
100 Mumbai Municipal Corporation Act [1888 : Bom. III

Appointment of [78E. The Corporation shall, from time to time, appoint a fit person to be
1
2
[Municipal
Chief the 2 [Municipal Chief Accountant (Treasury)]. He shall—
Accountant
(Treasury).] (a) be the Principal Municipal Trasury 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, the 3[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

Schedule of 79. (1) The Commissioner shall,4* * from time to time, prepare and bring
other officers
and servants to before the 5[Standing Committee] a schedule setting forth the designations
be prepared by
the commis-
and grades of the other officers and servants 6 [other than the officers and
sioner and servants to be appointed for the purposes of clause (q) of section 61]; who
sanctioned by
the Standing should, in his opinion, be maintained, and the amount and nature of the
Committee
10
[or the salaries, fees and allowances which, he proposes, should be paid to each.
Education
Committee]. [(1A) The Commissioner shall, from time to time, prepare and bring before
7

the 8[Education Committee] a schedule setting forth the designations and

grade of the officers and servants to be appointed for the purposes of clause
(q) of section 61, who should in his opinion be maintained, and the amount
and nature of the salaries, fees and allowances which, he proposes, should be
paid to each].

(2) 9[The Standing Committee or the Education Committee, as the case

may be,] shall sanction such schedule either as it stands or subject to such
modifications, as they deem expedient:

1
Section 78E was inserted by Mah. 70 of 1975, s. 6.
2
These words were substituted for the words “ Joint Municipal Chief Accountant ” by Mah.
11 of 2002, s. 9.
3
These words were substituted for the words “ Mayor-in-Council “ by Mah. 27 of 1999, s. 33.
4
Words was deleted by Act 16 of 1895.
5
These words were substituted for the words “ Mayor-in-Council “ by Mah. 27 of 1999, s. 34 (a).
6
This portion was inserted by Bom. 48 of 1950, s. 45(1).
7
Sub-section (1A) was inserted by Bom. 48 of 1950, s. 45(2).
8
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 34 (b).
9
These words were substituted for the words “ Mayor-m-Gouncil ” by Mah. 27 of 1999, s. 34(c).
10
These words were inserted by Bom. 48 of 1950, s. 45(4).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 101

Provided that no new office of which the aggregate emoluments exceed

1
[rupees five hundred] per month shall be created without the sanction of
the Corporation :

[Provided further that the 2[Education Committee shall before sanctioning

lA

the schedule] obtain thereto the previous approval of the State Government
and make such modifications therein as the State Government may direct:]

[Provided also that, any sanction accorded under this sub-section shall
3

take effect from the date of such sanction, or such other date (which may be
retrospective) as may be specified therein; but no such sanction shall take
effect from a retrospective date without the previous approval of the State
Government, or so as to vary the conditions of service of any officer or servant
to his disadvantage with retrospective effect.]

[(3) Nothing in this section shall be construed as affecting the right of the
4

corporation or of the Commissioner to make any temporary appointment

which they or he are empowered to make under section 80A.]

80. No permanent officer or servant shall be entertained in any Restriction of

employment of
department of the municipal administration unless he has been appointed permanent
under sections 5* * 6[60A], 7[73A], 74, 8[76A and 76B], 77, 9[78, 78A], officers and
servants.
10
[78B or 78C] or his office and emoluments are included in the schedule
at the time in force prepared and sanctioned under the last preceding
section :
11
* * * * * * * * *

1
These words were substituted for the words “ rupees two hundred “ by Mah. 39 of 1961, s. 6.
1A
This proviso was added by Bom.48. of 1950, s. 45(3).
2
These words were substituted for the words “ Mayor-in-Council shall before sanctioning the
schedule, for the purposes of clause (q) of section 61” by Mah. 27 of 1999, s. 34 (c)(ii).
3
This proviso was added by Mah. 7 of 1971, s. 2.
4
This sub-section was added by Bom. 76 of 1948, s. 7.
5
The figure “39” was deleted by Bom. 48 of 1950, s. 46(1).
6
The figure and letter “ 60A “ were inserted by Bom. 48 of 1948, s. 16.
7
The figure and letter “ 73A “ were inserted by Bom. 4 of 1947, s. 5.
8
These figures, word and letters were inserted by Bom. 3 of 1907, s. 13(1).
9
These figures, word and letters were substituted for “ or 78 “ by Bom. 2 of 1938, s. 4.
10
The word, figures and letters were substituted for the word, figures and letters “ or 78B ” by Bom.
48 of 1950, s. 46(2).
11
The proviso was deleted by Mah. 10 of 1998, s. 43.

H 4094—18
 L 1 H 4094
102 Mumbai Municipal Corporation Act [1888 : Bom. III

Power of †1[80A. (1) The power of appointing municipal officers, whether temporary
appointment
in whom to or permanent 2[to the posts which rank equivalent to or higher than, the post
vest. of Executive Engineer set forth in a schedule for the time being in force
prepared and sanctioned under section 79], shall vest in the Corporation :
3
[Provided that, temporary appointments to such posts for loan works
may be made for a period of not more than six months by the Commissioner
with the previous sanction of the Standing Committee ; or in the case of
works undertaken for the purpose of clause (q) of section 61, of the Education
Committee; the Commissioner shall forthwith report every such appointment
when made to the Corporation. No such appointment shall be renewed on
the expiry of the said period of six months without the previous sanction of
the Corporation.]
(2) Save as otherwise provided in this Act, the power of appointing
municipal officers and servants 4[whether temporary or permanent, shall]
vest in the Commissioner :]
5
[Provided that such power in respect of permanent appointments shall
be subject to the schedule for the time being in force prepared and sanctioned
under section 79 :
Provided further that no temporary appointment shall be made by the
Commissioner for any period exceeding six months and no such appointment
[ [to a post which ranks higher than the post of a Registration Assistant set
6 7

forth in a schedule for the time being in force prepared and sanctioned under
section 79] shall be renewed by the Commissioner on the expiry of the said
period of six months without the previous sanction of the 8[Standing
Committee or of the Education Committee, as the case may be].]

1
Section 80A was added by Bom. 6 of 1922, s. 20.
2
This portion was substituted for the words “ to the posts with a minimum monthly salary,
exclusive of allowances of rupees one thousand two hundred or more ” by Mah. 33 of 1989, s. 6(a )(i).

3
This proviso was inserted by Mah. 27 of 1999, s. 35(a).
4
These words were substituted for the original by Bom. 76 of 1948, s. 8.
5
These provisos were added, ibid.
6
This portion was substituted by Mah. 43 of 1983, s. 10(2).
7
This portion was substituted for the words " carrying a monthly salary of more than six hundred
rupees exclusive of allowance " by Mah. 33 of 1989, s. 6(b).
8
These words were substituted for the words " Mayor-in-Council ” by Mah. 27 of 1999, s. 35.
Validation of † Section 6 of Bom. 4 of 1947 reads as follows :—
act of Special “ 6. All the powers, duties and functions of the City Engineer exercised and performed by the
Engineer Special Engineer appointed under section 80A of the said Act during the period from 26th September
appointed 1946 to the date on which the City of Bombay Municipal (Amendment) Act, 1947 comes into operation Bom.
under section
shall be deemed to be and always be deemed to have been validly excercised and performed; and no IV of
60A.
acts done by the said Special Engineer shall after the coming into operation of this Act be deemed to be 1947.
invalid or called in question on the ground only that the said powers and duties in the purported
exercise of which the said acts were done were not at the time when, the said acts were done lawfully
vested in him, and the said Special Engineer is now hereby indemnified and discharged from liability
in respect of such acts.”.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 103

[Explanation.—For the purposes of this section, sub-section (1) of section

1

80B and section 460U, a post shall be deemed to rank equivalent to, or higher
than, the post if the minimum of the pay-scale of the former is equivalent to,
or higher than, the minimum of the pay-scale of the later.]
2
[80B. 3
[(1) No person shall be appointed to a post— Manner of
making
appointment.
[(a) the power of appointment to which vest in the corporation or the
4

5
[Standing Committee] and which is equivalent to, or higher than, the post of
Executive Engineer set forth in the schedule for the time being in force
prepared and sanctioned under section 79 ; or]

[(b) the power of appointment to which vest in the Brihan Mumbai Electric
6

Supply and Transport Committee and which is equivalent to, or higher than,
the post of Secretary set forth in the schedule sanctioned by the Brihan
Mumbai Electric Supply and Transport Committee and the Corporation under
section 460R ;]

except after consultation with the Commission in accordance with the rule
made under this section :] ]

[Provided that, it shall not be necessary for the Commission to be consulted

7

in the case of posts in the Water Supply and Sewerage Department falling
under clause (a) and connected with the Water Supply and Sewerage Projects
financed partly with assistance from the International Development
Association, being posts specified by the Commissioner in this behalf
8
[and which ranks lower than the post of Executive Engineer set forth in
the schedule for the time being in force prepared and sanctioned under
section 79.]

(2) Nothing in sub-section (1) shall apply to any acting or temporary

appointment for a period not exceeding six months 9[or to appointments to
such ministerial post as may, from time to time, be specified by the State
Government in consultation with the Commission when such posts are to be
filled by promotion].

1
This Explanation was added by Mah. 33 of 1989, s. 6(c).
2
This section was substituted by Bom. 48 of 1950, s. 47 (2).
3
Sub-section (1) was substituted by Mah. 11 of 1964, s. 5(a).
4
Clause (a) was substituted by Mah. 33 of 1989, s. 7 (a).
5
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 36 (a)(i).
6
Clause (b) was inserted, by Mah. 27 of 1999, s. 36 (a) (ii).
7
This proviso was added by Mah. 34 of 1973, s. 5.
8
This portion was substituted for the portion begining with words “ and the minimum ” and ending
with the words “ per annum ” by Mah. 33 of 1989, s. 7(c).
9
These words were inserted by Bom. 64 of 1953, s. 3.

H 4094—18a
 L 1 H 4094
104 Mumbai Municipal Corporation Act [1888 : Bom. III

[(2A) The provisions of sub-section (1) shall not apply also to appointment
l

of any officer,—
2
* * * * * * * *
(b) who is a member of the Indian Administrative Service, 3[the Indian
Police Service or the Indian Audit and Accounts Service, to any such post
on foreign service conditions.]
(3) The State Government shall after consultation with the Corporation
and Commission make rules for prescribing,—
(a) the procedure to be followed by the Commission in advertising the
post, calling for applications, scrutinising the same and selecting the
candidates for interview ;
[(b) the procedure to be followed by the Commission for selecting
4

candidates and by the Corporation or the Brihan Mumbai Electric Supply

and Transport Committee, as the case may be, for consultation with the
Commission ;]
(c) the procedure for enabling the Municipal 5[or the 6[Brihan Mumbai
Electric Supply and Transport Undertaking]] Officer or Officers to attend
the interview to advise the Commission ;
(d) the procedure to be followed in case there is a difference of opinion
between the Commission and the appointing authority ;
(e) the fees and other costs to be paid to the Commission by the Corporation
5
[or the 6[Brihan Mumbai Electric Supply and Transport Undertaking, as the
case may be,]] for consultation and other incidental matters ;
(f) any other matter which is necessary or incidental for the purpose of
consultation with the Commission.
[(4) (a) in the case of posts referred to in clause (a) of sub-section (1)—the
7

Corporation, and
(b) in the case of posts referred to in clause (b) of that sub-section—the
Brihan Mumbai Electric Supply and Transport Committee,
shall with the previous sanction of the State Government, make rules
prescribing the qualifications to be possessed by candidates eligible for
appointment to such posts :

1
This sub-section was inserted by Bom. 62 of 1954, s. 2(1). This amendment shall be deemed to have
been made on and to have effect from the 14th May 1954 [See s. 2(2) of Bom. 62 of 1954].
2
Clause (a) was deleted by Mah. 10 of 1998, s. 45(b).
3
These words were substituted for the words “ Indian Police Service ” by Mah. 1 of 1964, s. 3.
4
Clause (b) was substituted by Mah. 27 of 1999, s. 36(b).
5
These words were inserted by Mah. 11 of 1964, s. 5(b).
6
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s. 2. Sch.
7
Sub-section (4) was substituted by Mah. 27 of 1999, s. 36(c).
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 105

Provided that, any such rule to be made by the Brihan Mumbai Electric
Supply and Transport Committee, before submission to the State
Government, shall be confirmed by the Corporation.]
(5) The rules made under this section shall be published in the Official
Gazette.
(6) l[(a)] Any rules made prescribing qualifications for appointment to any
such post which were in force immediately before the Bombay Municipal
Bom. Corporation and City of Bombay Primary Education (Amendment) Act, 1950,
XLV-
III of comes into force, shall continue in force and be deemed to have been made
1950. under this section unless and until they are superseded or amended by rules
made under this section.
l
[(b) Any rules made prescribing qualifications for appointment to posts
referred to in clause (b) of sub-section (1) which were in force immediately
Mah. before the Bombay Municipal Corporation (Amendment) Act, 1964, comes
XI of
1964. into force shall continue in force and be deemed to have been made under
this section unless and until they are superseded or amended by rules made
under this section.]
(7) All fees paid to the Commission under this section shall be credited to
the State Government.
(8) All communications made by the Commission in regard to any matter
relating to the appointment to any post for which it was consulted shall be
deemed to be confidential and no discussion shall be permitted thereon in
the Corporation in the 2[Standing Committee or the Brihan Mumbai Electric
Supply and Transport Committee,] or any Committee of the Corporation or
no disclosure relating thereto shall be made in the public.]

Leave of Absence, Acting Appointments, etc.

81. (1) The 3[Standing Committee] shall from time to time frame regulation 3
[Standing
Committee]
in consonance with any resolution that may be passed by the corporation— to frame
(a) fixing the amount and the nature of the security to be furnished by regulations
for grant of
any municipal officer or servant from whom it may be deemed expedient leave, etc.
to require security ;
(b) regulating the grant of leave to municipal officers and servants;
(c) authorizing the payment of allowances to the said officers and ser-
vants, or to certain of them, whilst absent on leave ;
(d) determining the remuneration to be paid to the persons appointed
to act for any of the said officers or servants during their absence on
leave ;

1
Sub-section (6) was re-numbered as clause (a) and clause (b) was inserted by Mah. 11 of 1964, s. 5(d).
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 36(d).
3
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s.37.
 L 1 H 4094
106 Mumbai Municipal Corporation Act [1888 : Bom. III

1
[(dd) authorizing the payment of travelling or conveyance allowance to
the said officers and servants;]

(e) regulating the period of service of all the said officers and servants;

(f) determining the conditions under which the said officers and servants,
or any of them, shall on retirement or discharge receive pensions, gratuities
or compassionate allowances and under which 2[the surviving spouse or
children and in the absence of the surviving spouse or children the parents,
brothers and sisters, if any,] dependent on any of the said officers and servants,
shall, after their death, receive compassionate allowances and the amounts
of such pensions, gratuities or compassionate allowances ;

(g) authorizing the payment of contributions, at certain prescribed rates

and subject to certain prescribed conditions, to any pension of provident fund
which may, with the approval of the 3[Standing Committee], be established
by the said officers and servants 4[or to such provident fund, if any, as may be
established by the corporation for the benefit of the said officers and servants];
5
[(h) in general, prescribing any other conditions of service of the said
officers and servants.]
Such (2) No regulation made by the Standing Committee under this section shall
regulations
to be subject
have force or validity, unless and until it has been confirmed by the
to confirma- corporation, nor, if it is made under clause (f), unless and until it has been
tion by the
corporation,
confirmed by 6[the 7[State] Government].
and, if made
under
clause (f) by
7
[State]
Govern-
ment.

82. 8
[Power of appointment in whom to vest.] repealed by Bom. VI of
1922.

1
Clause (dd) was inserted by Bom. 12 of 1936, s. 5(1).
2
These words were substituted for the original by Bom. 76 of 1948, s. 9.
3
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 37.
4
These words were added by Bom. 6 of 1922, s. 27(1), and the addition shall be deemed to have been
made and to have had effect from such date as may be fixed by the corporation.
5
Clause (h) was inserted by Bom. 12 of 1936, s. 5(2).
6
The words “ the Provincial Government ” were substituted for the words “ Government ” by the
Adaptation of Indian Laws Order in Council.
7
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
8
Section 82 repealed by Bom. VI of 1922, s. 28, is omitted and the repeal shall be deemed to have been
made and to have effect from such date as may be fixed by the corporation.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 107

83. (1) Every municipal officer and servant may be 1 [reduced, removed] or [Power of
10

dismissed for any breach of departmental rules or discipline of for suspending,

reducing,
carelessness, unfitness, neglect of duty or other misconduct, by the authority removing or
by whom such officer or servant is appointed : dismissing
and
imposing
other
penalties in
whom to
vest].

(2) Provided that—

(a) No officer 2[appointed to a post], 3[to which the provisions of 4[sub-
section (1) of section 80A] apply shall be dismissed by the Commissioner,
without the 5[previous] approval of the 6[Standing Committee or in the
case of an officer appointed for the purposes of clause (q) of section 61, of
the Education Committee ];
7
[(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 ;]
8
[(c) any officer appointed by the Corporation otherwise than under sections
54A, 55, 56A, 74, 75, 76A, 76B, 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 9[the Standing Committee, or in the 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 ;]

1
These words were substituted for the words “ fined, reduced, suspended ” by Mah. 8 of 1992, s. 5(a).
2
These words were substituted for the words “ whose monthly emoluments exceed rupees four
hundred " by Mah. 5 of 1986, s. 2.
3
These words, figures and letter were substituted for the words “ the monthly minimum salary
exclusive of allowances of which is rupees one thousand two hundred or more ” by Mah. 33 of 1989,
s. 8.
4
These words, brackets, figures and letter were substituted for the words, figures and letter “ section
80A ” by Mah. 12 of 1990, s. 4.
5
The word “ previous ” was inserted by Bom. 19 of 1930, s. 9.
6
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 38(a).
7
Clause (b) was substituted by Mah. 8 of 1992, s. 5(b)(ii).
8
Clause (c) was substituted, ibid, s. 5 (b)(ii).
9
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 38(b).
10
This marginal note was substituted by Mah. 8 of 1992, s. 5 (d).
 L 1 H 4094
108 Mumbai Municipal Corporation Act [1888 : Bom. III
1
[(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 2[Standing Committee] may
deem fit to prescribe, and subject to a right of appeal to the 2[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.]
3
[(3) The Municipal Commissioner may, for good and sufficient
reasons, impose following penalties on any municipal officer or servant,
namely :—
(i) censure ;
(ii) recovery from salary, of the whole or part of any pecuniary
loss caused by him to the Corporation by negligence, misconduct,
breach of orders or rules ;
(iii) fine ;
(iv) withholding of an increment or increments, for a specified
period or with a permanent effect;
(v) withholding of promotion including stoppage at an efficiency
bar.]

Leave of 84. (1) Leave of absence may be granted by the Commissioner,

absence by
whom to be
subject to the regulations at the time being in force under section 81,
granted. to any municipal officer or servant, the power of appointing whom is
vested in him ; and for a period not exceeding one month to any other
municipal officer, other than an officer immediately subordinate to
the municipal secretary 4[or the municipal chief auditor].
5
* * * * * * * * *
(2) Leave of absence may be granted, 6[subject to the regulations
made in that behalf—
(a) to any clerk or servant appointed under section 78; 7[or to any
assistant auditor, clerk or servant appointed under section 78B] :
8
[Provided that leave of absence for a period not exceeding three
months, may be granted to a clerk or servant whose salary, exclusive
of allowances, does not exceed rupees two hundred per month—
(i) by the municipal secretary where such clerk or servant has
been appointed under section 78 ; or
(ii) by the municipal chief auditor where such clerk or servant
has been appointed under section 78B] ;

1
Clause (d) was added by Bom. 76 of 1948, s. 10.
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 38(c).
3
Sub-section (3) was added by Mah. 8 of 1992, s. 5(c).
4
These words were inserted by Bom. 2 of 1938, s. 6(1).
5
The words “ other than an officer or servant the powers of appointing whom is vested in the Schools
Committee ” were deleted by Bom. 48 of 1950, s. 50.
6
These words were substituted for the words “ subject as aforesaid by the Standing Committee ” by
Mah. 10 of 1998, s.48(a)(i).
7
These words, figures and letter were inserted by Bom. 2 of 1938, s. 6(2).
8
This proviso was added by Bom. 76 of 1948, s. 11.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 109

(b) for a period exceeding one month, to any other municipal officer, the
power of appointing whom is not vested in the Commissioner 1[or who is not
employed for the purposes of clause (q) of section 61.]
[(3) Leave of absence may be granted, subject as aforsaid, by the Education
2

Committee for a period exceeding one month to any municipal officer

employed for the purpose of clause (q) of section 61, the power of appointing
whom is not vested in the Commissioner.]

[84A. Nothing in sections 79, 80, 80A, 4*81, 83 and 84 shall apply to officers
3
Saving in
respect of
and servants appointed under the provisions of Chapter XVI-A of this Act.] officers and
servants
appointed
under
Chapter
XVI-A.

85. (1) The appointment of a person to act in the place of an officer absent Acting
appointment.
on leave may be made, when necessary, and subject to the regulations
aforesaid, by the same authority who grants the leave of absence.
(2) Provided that—
(a) When the 5[city engineer] or the executive health officer 6[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 person to act 5[city engineer] or as executive health
officer 7[or as hydraulic engineer] may be disallowed by the 8[9[State]
Government], and from the time 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.
(3) A person appointed under this section to act for any officer or servant
shall, while so acting, perform the same duties and exercise the same powers
and be subject to the same liabilities, restrictions and conditions which the
permanent incumbent of the office or place is bound to perform or may
exercise or to which said incumbent is liable.

1
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 39(a).
2
Sub-section (3) was added by Mah. 27 of 1999, s. 39(b).
3
Sub-section 84A was inserted by Bom. 48 of 1948, s. 17.
4
The figures and letter “80-B” were deleted by Mah. 11 of 1964, s. 5.
5
The words “city engineer” were substituted for the words “Executive Engineer ” by Bom. 19 of 1930,
s. 6.
6
These words were inserted by Bom. 2 of 1911, s.4(a).
7
These words were inserted, by Bom. 2 of 1911, s.4(b).
8
The words “Provincial Government” were substituted for the words “Governor-in- Council,” by
Adapatation of Indian Laws Order in Council.
9
This word was substituted for the word " Provincial " by Adapatation of Laws Order, 1950.
H 4094—19
 L 1 H 4094
110 Mumbai Municipal Corporation Act [1888 : Bom. III
Temporary 1
[85A. Notwithstanding anything contained in the foregoing provisions,
appointment.
when a vacancy occurs in any of the posts referred to in sub-section (1) of
section 80B the corporation 2[or 3[the Brihan Mumbai Electric supply and
Transport Committee,] as the case may be] may, pending the appointment of
a person in accordance with the provision 4 * * of the said section, appoint
any person to be fill such vacancy on a monthly salary not exceeding the
maximum salary of the post:
Provided that no appointment under this section shall extend beyond, or
be made after a lapse of, six months from the date on which the vacancy
occurs.]

Disqualifications of Municipal Officers and Servants.

Municipal 86. (1) Any person who has, directly or indirectly, by himself or his partner
officer or
servant not
any share or interest in any contract with, by, or on behalf of the corporation,
to be 5
* * * * * shall be disqualified for being a municipal officer or servant.
interested
in any (2) Any municipal officer or servant who shall acquire, directly or
6
[contract]
with the indirectly, by himself or his partner, any share or interest in any such contract
corporation. 7
* * * * as aforesaid shall cease to be a municipal officer or servant and his
office shall become vacant.
(3) Nothing in this section shall apply to any such share or interest in any
contract 8* * * * with, by or on behalf of the corporation as under clauses (h)
and (k) of section 16, it is permissible for a councillor to have, without his
being thereby disqualified for being a councillor.

Sanction for 9
[86A. Notwithstanding anything contained in this Act, the Commissioner
prosecution
of officers shall be competent to sanction prosecution of any officer or servant of
and the Corporation which has been sought by the Police or any other
servants of
Corporation. Government agency. The Commissioner shall inform about grant of any such
sanction to the Municipal Corporation in the next ensuing meeting of the
Corporation.]

1
Section 85A was inserted by Bom. 18 of 1939, s. 3.
2
These words were inserted by Mah. 11 of 1939, s. 7.
3
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 40.
4
The words, brackets and figure “of sub-section (2)” were deleted by Bom. 48 of 1950, s. 51.
5
The words “ or any employment with by, or on behalf of the corporation, other than as a municipal
officer or servant” were deleted by Mah. 42 of 1977, s. 5(a).
6
This word was substituted for the words “contract, etc.,”, by Mah. 42 of 1977, s. 5(d).
7
The words “ or employment ” were deleted, by Mah. 42 of 1977, s.5(b).
8
The words “ or employment ” were deleted, by Mah. 42 of 1977, s. 5(c).
9
Section 86A was inserted by Mah. 29 of 2011, s.3.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 111

1
[CHAPTER IV-A
DISCLOSURE OF SPECIFIED INFORMATION
86A. (1) The Corporation shall maintain and publish all its record duly
catalogued and indexed in a manner, and form which enables the Corporation
to disclose the information, specified in sub-section (3).
(2) The manner of disclosure of information shall include the publication
Disclosure
of the information,— of specified
information.
(i) in News papers ;
(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 :
Provided that, the information shall be disclosed in the language in which
it is available with the Corporation.
(3) The Corporation shall be required to disclose the following information,
namely :—
(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 ;

1
This Chapter and section 86A was inserted by Mah. 33 of 2007, s. 2.

H 4094—19a
 L 1 H 4094
112 Mumbai Municipal Corporation Act [1888 : Bom. III

(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 licenses and permissions ;
(b) taxes, duties, cess and surcharge, rent from the properties, fees
from licenses 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,
the nature and extent of utilization ;
(e) money raised through donation or contribution from public or non-
governmental 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.

Powers of 87. The corporation shall, for the purpose of this Act, have power to
Corporation
as to acquire and hold movable and immovable property, whether within or without
acquisition the limits of 1[Brihan Mumbai].
of property.

Transfer to 88. All such immovable and other property as is held by, or in trust for,
the or has been granted by 2[the 3[Government]] to the Corporation under, or in
Corporation
of the pursuance or for the purposes of any Act hereby repealed, shall, upon and
property of
the
after the date when this Act comes into force, vest in the Corporation in
Municipal trust for the purposes of this Act, but subject to all charges and liabilities
Corporation.
affecting the same.

1
These words were substituted for the words “ Greater Bombay” by Mah. 25 of 1996, s. 2, Sch.
2
The words “ the Crown” were substituted for the word “ Government” by the Adaptation of Indian
Laws Order in Council.
3
This word was substituted for the word “ Crown ” by the Adaptation of Laws Order, 1950.
 L 1 H 4094
1888 : Bom. III] Mumbai Municipal Corporation Act 113

89. (1) On the expiry of the term of ninety-nine years, commencing on Conditions
affecting
the first day of July, 1863, for which in accordance with section 64 of the the vesting
Bombay Municipal Acts of 1[1872] and 1[1878] the Vehar Lake and the property of the
Vehar
appurtenant thereto, hereinafter referred to as " the Vehar water works," water
were vested in the Corporation, the 2[3[State] Government] may direct that works in
the
the said Vehar water-works shall vest and the same shall in such case vest, Corporation.
in the Corporation, on the conditions hereinafter provided and for the
purposes of this Act, for such further period not exceeding ninety-nine years
as shall seem expedient.
(2) Provided that on the expiry of the said first term of ninety-nine years
or of any further term for which the 2[3[State] Government] may have directed
that the said Vehar water-works shall vest in the corporation, all rights and
every power conveyed to the corporation shall forthwith cease and determine
and the said Vehar water-works shall revert to and become vested in 4[the
State Government].
[(3) Notwithstanding anything contained in sub-sections (1) and (2), the
5

State Government may at any time, by notification in the Official Gazette,

direct that the Vehar water-works shall, with effect from the date specified
therein, vest in the Corporation permanently, subject to the conditions that
the Corporation shall supply and continue to supply water to the Aarey Milk
Colony from the Powai lake and to the National Park at Borivali from such
source as the State Government may from time to time specify. In both cases,
the supply of water shall be in such quantities and at such rates and subject
to such other conditions as the corporation may, from time to time, with the
approval of the State Government, determine. With effect from the date
aforesaid, all rights and liabilities enforceable by or against the State
Government in relation to the Vehar water-works, under any law for the
time being in force or under any contract shall be enforceable by or against
the Corporation.]

Bom. III [89A. On and from the commencement of the City of Bombay Police
6 Lands and
of 1907. buildings
Charges Act, 1907, all the estate, right, title and interest of the corporation specified in
in and to the lands and buildings specified in Schedule V free from all Schedule V
to vest in
liabilities and charges affecting the same and created by the Corporation 7
[Government].
shall vest in7 [Government] :

1
Bom. 3 of 1872 and Bom. 4 of 1878 are repealed by s.2 of this Act.
2
The words “ the Provincial Government ” were substituted for the words
“ Governor-in-Council ” by the Adaptation of Indian Laws Order in Council.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
The words “ the State Government ” were substituted for the words “ His Majesty for the purposes
of the Provinces ” by the Adaptation of Laws Order, 1950.
5
Sub-section (3) was inserted by Mah. 51 of 1975, s. 6.
6
Sections 89A to 89F were inserted by Bom. 3 of 1907, s. 14.
7
This word was substituted for the words “ His Majestry ” by the Adaptation of Laws Order, 1950.
 L 1 H 4094
114 Mumbai Municipal Corporation Act [1888 : Bom. III

Provided that nothing in this section shall affect any of the lands specified
in the items in the said Schedule numbered 28 to 139 (both inclusive) on
which any movable wooden chowki is situated at the commencement of the
said Act.

89B. [The Statue of Her Majesty Queen Victoria and the site thereof in
the Explanade road to vest in the Corporation subject to certain conditions.]
Deleted by Mah. 5 of 1968, s. 2(1).

The Victoria 89C. 1[(1)] On and from the commencement of the City of Bombay Police Bom. III
and Albert of 1907.
Museum Charges Act, 1907, all the estate, right, title and interest of 2 [Government]
7
[renamed
as Dr. Bhau
in and to the Victoria and Albert Museum and the site thereof shall vest in
Daji Lad the Corporation free from all liabilities and charges affecting the same and
Museum]
and the site
3
[created by the 4 [Government] ] and Corporation may apply the said museum
thereof to
vest in the and the said site to any public purpose on and from such date as the Prince
Corporation. of Wales Museum of Western India may be declared open by 5[ 6[State]
Government].

[(2) On and from the commencement of the Bombay Municipal Corporation

8 Mah.
LI of
and Bombay Rents, Hotel and Lodging House Rates Control (Amendment) 1975.
Act, 1975, the Victoria and Albert Museum aforesaid shall be deemed to
have been renamed as “ Dr. Bhau Daji Lad Museum ”, and any reference to
the Victoria and Albert Museum in any law for the time being in force or in
any contract, instrument or other document shall be construed as, and shall
be deemed to be, a reference to Dr. Bhau Daji Lad Museum.]

Central 89D. On and from the commencement of the City of Bombay Police Bom.
Vaccine III of
Depot at Charges Act, 1907, all the estate, right, title and interest of 9[Government] 1907.
parel to vest
in the in and to the Central Vaccine Depot at Parel, shall vest in the Corporation
Corporation.
free from all liabilities and charges affecting the same and 10[created by the
9
[Government] ].

1
Section 89C was re-numbered as sub-section (1) and sub-section (2) was inserted by Mah. 51 of
1975, s. 7 (1).
2
This word was substituted for the words “ His Majesty ” by the Adaptation of Laws Order, 1950.
3
The words “ created by the Crown ” were substituted for the words “ created by Government ”
by the Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word “ Crown ” by the Adaptation of Laws Order, 1950.
5
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
6
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
7
These words and letters were inserted by Mah. 51 of 1975, s. 7(2).
8
Sub-section (2) was inserted by Mah. 51 of 1975, s. 7.
9
This words was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950.
10
The words “created by the Crown” were substituted for the words “created by the Government”
by the Adaptation of Indian Laws Order in Council.
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 115

Bom. III 89E. On and from the commencement of the City of Bombay Police Charges All buildings
of 1907. used for
Act, 1907, all the buildings used for primary education and the sites thereof primary
education and
within the city thereto for vesting in 1[Government] shall vest in the the sites
Corporation free from all liabilities and charges affecting the same and thereof to vest
in the
2
[created by the 3[Government] ]. Corporation.

89F. Notwithstanding anything contained in section 89E, if any buildings Corporation to

repay to
or sites in respect of which, before or after the commencement of the City of 5
[State]
Bom. III Bombay Police Charges Act, 1907, any grant has been made by the 4[the Government
the amount of
of 1907. 5
[State] Government] for the purposes of primary education shall, without grant made for
purpose of
the sanction of 4[the 5[State] Government] be used for any other purpose, the primary
education in
Corporation shall thereupon repay to 4[the 5[State] Government] the amount respect of cer-
of such grant. tain buildings
or sites if used
for other
purposes.

90. (1) Wherever it is provided by this Act that the Commissioner may Acquisition of
immovable
acquire or whenever it is necessary or expedient for any purpose of this Act property by
agreement.
that the Commissioner shall acquire, any immovable property, such property
may be acquired by the Commissioner on behalf of the corporation by agreement
6
[subject to the provisions of sub-section (3)].

(2) And wherever, under any provision of this Act, Commissioner is

authorised to agree to pay the whole or any portion of the expenses of
acquiring any immovable property, he shall do so on such terms and at such
rates or, prices or at rates or prices not exceeding such maximum as shall be
approved by the 7[the Improvements Committee] as aforesaid.

[(2A) Subject to the provisions of this Act, it shall be lawful for the
8

Commissioner on behalf of the corporation to agree with the owner of any

land or of any interest in land needed by the corporation for the purposes of
any scheme under Chapter XII-A or with the owner of any right which may
have been created by legislative enactment over any street forming part of
the land so needed, for the purchase of such land or of any interest in such
land or for compensating the owner of any such right in respect of any
deprivation thereof or interference therewith.]

1
This words was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950.
2
The words “created by the Crown” were substituted for the words “ created by the Government” by the
Adaptation of Indian Laws Order in Council.
3
This word was substituted for the word “ Crown” by the Adaptation of Laws Order, 1950.
4
The words “ the Provincial Government” were substituted for the word “Government” by the
Adaptation of Indian Laws Order in Council.
5
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
6 These words, brackets and figure were substituted for the portion beginning with the words “on such
terms” and ending with the words “any particular case” by Mah. 34 of 1933, s. 6(a).
7
These words were substituted for the words “ Mayor-in Council” by Mah. 27 of 1999, s. 4(a).
8
Sub-section (2A) was inserted by Bom. 13 of 1933, s. 17(c).
 H 4094 (115-132) L-1
116 Mumbai Municipal Corporation Act [1888 : Bom. III

[(3) No contract for the acquisition of any immovable property or of any

1

interest therein or any right thereto or the payment of any compensation

under sub-section (1) or (2) or (2A) shall be valid, if the price of compensation
to be paid for such property or right exceeds five lakhs rupees unless such
contract has been approved by the Improvements Committee and by the
Corporation if the price or compensation exceeds two crores rupees.]

[(4) Every contract or other instrument relating to the acquisition of

2

immovable property or any interest therein or any right thereto shall be

executed by the Commissioner, shall have the common seal of the corporation
affixed thereto in the presence of 3[two members of the Improvements
Committee and shall also have the signatures of the said members], in the
manner prescribed in section 70.

(5) No contract for the acquisition of immovable property or any interest

therein or any right thereto not executed as in sub-section (4) provided shall
be binding on the corporation.

(6) The foregoing provisions of this section which apply to an original

contract relating to the acquisition of immovable property, or any interest
therein, or any right thereto, shall be deemed to apply also to any variation
or discharge of such contract.]

Procedure 91. (1) Whenever the Commissioner is unable to acquire any immovable
when
immovable property under the last preceding section by agreement 4[the 5[State]
property
cannot be
Government] may, in their discretion, upon the application of the
acquired by Commissioner, made with the approval of 6[the Improvements Committee]
agreement. 7
[and subject to the other provisions of this Act] order proceedings to be
taken for acquiring the same on behalf of the corporation, as if such property
were a land needed for a public purpose within the meaning of the Land
Acquisition Act, 1870.*

(2) The amount of compensation awarded and all other charges incurred
in the acquisition of any such property shall, subject to all other provisions
of this Act, be forthwith paid by the Commissioner and thereupon the said
property shall vest in the corporation.

1
Sub-section (3) was substituted by Mah. 27 of 1999, s. 41(b).
2
New sub-sections (4), (5) and (6) were inserted by Bom. 13 of 1933, s. 17(e).
3
These words were substituted for the words “ the Member-in-charge and shall also have the signature
of the said Member-in-charge” by Mah. 27 of 1999, s. 41(c).
4
The words “ Provincial Government” were substituted for the word “Government” by the Adaptation of
Indian Laws Order in Council.
5
This word was substituted for the word “ Provincial “ by the Adaptation of Laws Order, 1950.
6
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999 s. 42.
7
These words were inserted by Bom. 13 of 1933, s. 18(b).
* See now the Land Acquisition Act, 1894 (1 of 1894).
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 117
1
Bom. [91A. (1) From the date on which the City of Bombay Municipal Transfer of
XIII of property to the
1933. (Amendment) Act, 1933, comes into operation there shall vest or re-vest in corporation.
the corporation, as the case may be, subject to all the charges and liabilities
affecting the same, to be held by the corporation for the purposes of this Act,
Bom. subject to any restrictions and conditions contained in the City of Bombay
XIII of
1933. Municipal (Amendment) Act, 1933, all the immovable and other property
Bom. and all other interests and rights of the Boards of Trustees for the
XVl of
1925. Improvement of the City of Bombay constituted under the City of Bombay
Improvement Trust Transfer Act, 1925, including all the estate, right, title
and interest of the said Board in and to the lands specified in Schedule W
and Schedule X and in the reclaimed lands specified in Schedule Y and shown
on the doposited plans.
(2) (a) In respect of the lands referred to as the Flats, specified in Schedule W
as plots 1(b), 1(c) and 1(d), the corporation may, subject to the power of resumption
reserved by sub-section (8) at any time, lay out the whole or any part or parts of
these plots as recreation grounds or parks for the free use of the public, or
appropriate the whole or any part of the said plots to building purposes.
(b) The lands specified in Schedule W as plot (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
2
[the 3[State] Government] and on such conditions as may be approved by
2
[the 3[State] Government] for a term not exceeding 30 years, for the purpose
of a racecourse or for any purpose of public recreation 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.
(3) The lands respectively referred to in Schedule ZZ as plot l(d-l) part
1(b) Cadastral Survey No. 3/383 the Body Guard Lines Plot No. 3 the
Cooperage Plot and Plot No. 4(b)] the Marine Lines Maidan shall vest
absolutely in 4[Government] provided that Plot No. 3 the Cooperage Plot
and plot No. 4(b)] the Marine Lines Maidan shall be maintained in perpetuity
as open spaces, provided further that the aforesaid plot Nos. 3 and 4(b) or
any part thereof may at any time be occupied by or with the previous
permission of 2[the 3[State] Government] for any temporary purpose.
(4) All the estate, right, title and interest of the said Board to and in any
land specified in Schedule W vested or re-vested in the corporation under
this section, with the exception of the lands specified in clause (c) of sub-
section (2) and in sub-section (3) shall, subject to the provisions of this section,
remain so vested or re-vested until such time as the whole of the lands so
specified except those appropriated, as open spaces, shall have been let on a
building lease either by the said Board or by the corporation or as to any
part thereof until such time as such part shall have been so let, and thereafter,
as to the whole except as aforesaid, or any such part for a further period,
which shall not as regards the whole or any such part exceed ninety-nine
years from the date on which the whole or any such part shall have been
first let.
1
New sections 91A to 91C were inserted by Bom. 13 of 1933, s. 19.
2
The words “Provincial Government” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
3
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
4
This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950.
H 4094—20
 H 4094 (115-132) L-1
118 Mumbai Municipal Corporation Act [1888 : Bom. III

(5) All lands specified in Schedule X shall, subject to the provisions of sub-
section (1), vest in the corporation.
(6) It shall be lawful for the corporation from time to time, in the case of
land specified in Schedule W, with the sanction of 1[the 2[State] Government],
to take out of said Schedule W any land or to take any land out of Schedule X
in exchange for any freehold land, the property of the corporation, which
they wish to bring on to the Schedules. An exchange made under this sub-
section shall operate to transfer the land taken out of the Schedules to the
corporation free from all conditions of resumption and re-vesting created by
this Act and free from all encumbrances and to vest the land brought on to
the Schedules in the corporation as if it were part of the property originally
entered in Schedule W or X, as the case may be.
(7) Without prejudice, and in addition to the powers conferred on the
corporation by section 87, it shall be lawful for the corporation to take over
and hold any other lands within the city of which they may be put in possession
by the 3[Central or 2[State] Government], to the intent that such lands shall
vest in the corporation in the same manner and subject to same conditions
as if such lands, if taken over from the 3[Central or 2[State] Government],
were included in Schedule W, and such vesting shall in every such case take
effect upon delivery to the corporation of possession of the land.
(8) Any land other than land specified in clause (c) of sub-section (2) and
other than land leased or agreed to be leased by the said Board or by the
corporation specified in Schedule W, which shall be required by 4[the Central
or the 2[State] Government] for a public purpose may at any time, after giving
six months notice to the corporation, be resumed by 5[that Government].
(9) 6[The 2[State] Government] may, by notification in the 7[Official
Gazette] from time to time add to or amend the entries in Schedule W and,
with the concurrence of the corporation, the entries in Schedule X so far as
may be necessary in consequence of any exchange, resumption, acquisition
or other transfer of land, and, with the like concurrence in the case of lands
specified in Schedule X, correct mistakes in the said schedules or in the
deposited plants, and upon such notification the said schedules or plans
shall be read subject to such addition, amendment or correction. Such
notification shall in the case of any alteration of Schedule W or Schedule X
include a notification of the whole schedule or schedules as so altered.]
Power to grant [91AA. 9[(1) Notwithstanding anything contained in sub-section (3) of
8
lease of plot
No. 3 the section 91A, it shall be lawful and shall be deemed to have been lawful for
Cooperage the State Government to lease Plot No. 3, the Cooperage Plot, or any part
Plot, or part thereof for a term not exceeding sixty years commencing from the 1st day of
thereof.
March nineteen hundred and forty-three for the construction of a club house
for ratings of the Indian Navy or for any other similar purpose and the
provisions of the first proviso in sub-section (3) of the said section 91A shall
1
The words “the Provincial Government” were substituted for the word “ Government” by the Adaptation
of Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
3
The words “ Central or Provincial Government” were substituted for the words “Secretary of State for
India in Council” by the Adaptation of Indian Laws Order in Council.
4
The words “ the Central or the Provincial Government” were substituted for the word “ Government”, by the
Adoption of Indian Laws Order in Council.
5
The words “ that Government” were substituted for the word “Government”, ibid.
6
The words “ the Provincial Government” were substituted for the word “Government”, by the Adoption
of Indian Laws Order in Council.
7
The words “Official Gazette “ were substituted for the word “ Bombay Government Gazette”, by the
Adoption of Indian Laws Order in Council.
8
Section 91AA was inserted by Bom. 20 of 1952, s. 5.
9
Section 91AA was renumbered as sub-section (1) and sub-section (2) was added by Mah. 62 of 1977, s. 2.
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 119

not apply to the said plot or any part thereof, as the case may be, so long as
such lease remains in force and has not determined or has not been
surrendered or otherwise terminated in accordance with law.
(2) Notwithstanding anything contained in sub-section (3) of section 91A
Mah. or sub-section (1) of this section or in the Maharashtra Regional and Town
XXX-VII Planning Act, 1966, or the provisions of any Development Plan thereunder,
of 1966.
it shall also be lawful and shall be deemed to have been lawful for the State
Government to lease a part of the Cooperage Plot, for a term ending on and
inclusive of the 31st December 2003 or such later date as the State
Government may specify for the construction of a foot-ball stadium, with
ancilliary structures for gymnasium, indoor games, residential quarters, club-
house, dormitory, canteen, library, conference rooms, show rooms and similar
purposes and the provisions of the first proviso in sub-section (3) of the said
section 91A shall not apply to the part of said plot leased for the above
purposes, so long as such lease remains in force and has not determined or
has not been surrendered or otherwise terminated in accordance with law.]
1
[91 AAA. Notwithstanding anything contained in sub-section (3) of Power to lease
part of plot No.
section 91A, it shall be lawful for the State Government to lease a part of 4(b) the Marine
Plot No. 4(b) the Marine Lines Maidan, not exceeding 7,200 sq. meteres in Lines Maidan,
area, and for a term not exceeding 99 years, for construction of a hospital or for certain
purposes.
for any similar purpose, and the provisions of the first proviso in that sub-
section shall not apply to the said part of the plot, so long as such lease
remains in force and has not been determined or has not been surrendered
or otherwise terminated in accordance with law.]
91B. 2[(1)] Upon the determination of the further period mentioned in Vesting of
sub-section (4) of section 91A the property vested or revested in the property in
3
[Government]
corporation, under the said section in any part of the land specified in on the
Schedule W except those appropriated as open spaces, and the plots 1(a) termination
of leases
and 1(e) to 1(i) both inclusive and 1(k) of the Flats shall be forthwith divested granted by
and such part of such lands shall vest or revest absolutely in 3[the State the
Government]. corporation.
2
[(2) Notwithstanding anything contained in sub-section (1) or sub-section
(4) of section 91A, it shall be lawful for the State Government to lease afresh,
to the Mumbai Municipal Corporation for the purposes specified in section
91C, any land specified in Schedule W, for a term not exceeding thirty years
and thereupon the land shall revest in the Corporation. On such revesting
of the land, the provisions of sub-section (1) shall not apply to the said land
so long as such lease remains in force and is not determined or is not
surrendered or otherwise terminated in accordance with law.
(3) On such re-vesting of the land in the Corporation, as provided in sub-
section (2), the Corporation shall pay to the State Government, an amount
equal to half of the lease rent that may be received by it.
(4) The Corporation may revise the rates of the lease rent after every ten
years :
Provided that, while revising such rates the Corporation shall be bound
by the policy of the Revenue and Forests Department of the State
Government, for granting lease of the Government land.
(5) After the expiry of the lease period as provided in sub-section (2), the
land shall again vest or revest absolutely, free from all encumbrances in the
State Government.]
1
Section 91 AAA was inserted by Mah. 10 of 1969, s. 2.
2
Section 91B was re-numbered as sub-section (1) thereof and sub-sections (2) to (5) were added by
Mah. 8 of 2002, s. 4, with effect from 20th October 2001.
3
This word was substituted for the words “ His Majesty ” by the Adaptation of Laws Order, 1950.
H 4094—20a
 H 4094 (115-132) L-1
120 Mumbai Municipal Corporation Act [1888 : Bom. III

Power to apply
certain lands
91C. The corporation shall have power, subject to the provisions of
vested in the section 91A, to apply any of the lands specified in Schedules W, X and Y for
corporation to the 1
purpose of any
[any of the purposes for which land acquired under Chapter XII-A may be
scheme under this applied including the purposes of any of the schemes referred to in sub-
Act.
section (2) of section 354B.]
Property of [91D. All immovable and other property, which on the date immediately
2
abolished
municipalities and preceding the appointed date was held by or vested in—
local authorities
vesting in (a) any municipality or other local authority which has been abolished Bom. Vll
of 1950.
corporation. by or under the Bombay Municipal (Extension of Limits) Act, 1950, in
consequence of the inclusion in 3[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 :
Provided that the immovable property held by or vested in the District
Local Board of the Bombay Suburban District and the District School Board
of the Bombay Suburban District shall vest in the corporation to the extent
it is situated in the area included in 3 [Brihan Mumbai] and that any other
property so held by or vested in the said Boards shall vest in the corporation
to such extent as may be determined by the State Government.
Explanation.—For the purposes of this section, the immovable property
and other property shall include primary schools with their lands, buildings,
roads and equipment belonging to or vesting in any municipality or local
authority under the provisions of any law for the time being in force.]
Property of 4
[91DA. All immovable and other property, which on the day immediately
abolished
municipalities and preceding the date of the commencement of the Bombay Municipal [Further Bom.
local authority in LVIll of
extended suburbs Extension of Limits and Schedule BBA (Amendment)] Act, 1956, was held by 1956.
vesting in
corporation.
or vested in—
(a) any municipality or other local authority which has been abolished
by or under that Act in consequence of the inclusion in 3[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 :
Provided that the immovable property held by or vested in any District
Local Board or District School Board in that area shall vest in the Corporation
to the extent it is situated in the area included in 3 [Brihan Mumbai] and
that any other property so held by or vested in the said Board shall vest in
the Corporation to such extent as may be determined by the State
Government.
Explanation.—-For the purposes of this section, the immovable property
and other property shall include primary schools with their lands, buildings,
roads and equipment belonging to or vesting in any municipality or local
authority under the provisions of any law for the time being in force.]
1
These words were substituted for the original words by Bom. 34 of 1954, s. 2.
2
Sections 91D to 91E were inserted by Bom. 7 of 1950, s. 12.
3
These words were substituted for the words “ Greater Bombay “ by Mah. 25 of 1996, s. 2 Sch.
4
Section 91DA was inserted by Bom. 58 of 1966, s. 5.
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 121
1
91E. (1) Where any immovable property situated in the suburbs, [or the Decision of
claims to
extended suburbs] or any right in or over such property, is claimed by or on property by or
behalf of the corporation or by any person as against the corporation, it shall against the
corporation in
be lawful for the Collector, Bombay Suburban District, after formal enquiry, the suburbs
of which due notice has been given, to pass an order deciding the claim. 2
[and the
extended
(2) The corporation or any person aggrieved by an order passed by the suburbs].
Collector under sub-section (1) may, notwithstanding anything contained in
any law for the time being in force, within one year from the date on which
the corporation or such person had due notice of such order, institute a suit
in any competent civil court to set aside such order or to claim a relief
inconsistent therewith.
If any suit is instituted after the expiration of one year from the date on
which the notice of such order has been given, such suit shall be dismissed
although limitation has not been set up as a defence.
(3) The Collector may, by general or special order, delegate the powers
conferred on him under this section to an Assistant or Deputy Collector or a
Bom. V Survey Officer as defined in the Bombay Land Revenue Code, 1879.*
of 1879.
(4) The formal inquiry referred to in this section shall be conducted in
accordance with the provisions of the aforesaid Code.
(5) A person shall be deemed to have had due notice of an inquiry under
the section if notice thereof has been given in accordance with rules made in
this behalf by the State Government.]
3
[91F. 4[(1) If in connection with any election a request is made by the Requisitioning
of premises,
State Election Commission, the State Government or an officer authorised vehicles, etc.,
by the State Government (hereinafter referred to as “ the Requisitioning for elections.
Authority”) may, by order in writing requisition—
(a) any premises which are required or are likely to be required for the
purpose of being used as a polling station or storage of ballot boxes after
the poll has been taken;
(b) any vehicle, vessel or animal likely to be needed for the purpose of
transport of ballot boxes to, or from any polling station or transport of
members of the police force for maintaining order during the conduct of
such election or transport of any officer or other person for the performance
of any duties in connection with such election ;
and may also make such further orders as may appear to it to be necessary
or expedient in connection with such requisition :
Provided that, no vehicle, vessel or animal which is being lawfully used by
a candidate or his agent for any purpose connected with the election of such
candidate shall be requisitioned under this sub-section until the completion
of the poll at such station.]
(2) The requisition shall be effected by an order in writing addressed to
the person deemed by the requisitioning authority to be the owner or person
in possession of the property and such order shall be served in the manner
prescribed by rules made by the State Government under section 91K on the
person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the
period of such requisition shall not extend beyond the period for which such
property is required for any of the purposes mentioned in that sub-section.

1
These words were inserted by Bom. 58 of 1956, s. 6(1).
2
These words were inserted, by Bom. 58 of 1958, s. 6(2)
3
Sections 91F to 91L were inserted by Bom. 54 of 1955, s. 8.
4
Sub-section (1) was substituted by Mah. 10 of 1998, s. 52.
*
Now, see the Maharashtra Land Revenue Code, 1966.
 H 4094 (115-132) L-1
122 Mumbai Municipal Corporation Act [1888 : Bom. III

Explanation.—For the purpose of this section, “ premises ” means any

land, building or part of a building and includes a hut, shed or other structure
or any part thereof.

Payment of
compensation.
91G. (1) Whenever in pursuance of section 91F, the requisitioning authority
requisitions any premises the corporation shall pay to the persons interested
compensation the amount of which shall be determined by taking into
consideration the following, namely :—
(i) the rent payable in respect of the premises or if no rent is so payable,
the rent payable for similar premises in the locality ;
(ii) if in consequence of the requisition of the premises the person
interested is compelled to change his residence or place of business, the
reasonable expenses (if any) incidental to such change :
Provided that where any person interested being aggrieved by the amount
of compensation so determined makes an application to the requisitioning
authority within the time prescribed by rules made by the State Government
under section 91K for referring the matter to an arbitrator the amount of
compensation to be paid shall be such as the arbitrator appointed in this
behalf by the requisitioning authority may determine :
Provided further that where there is any dispute as to the title to receive
the compensation or as to the apportionment of the amount of compensation,
it shall be referred by the requisitioning authority to an arbitrator appointed
in this behalf by the State Government or the requisitioning authority for
determination, and shall be determined in accordance with the decision of
such arbitrator.
Explanation.—For the purpose of this sub-section, the expression “ person
interested ” means the person who was in actual possession of the premises
requisitioned under section 91F immediately before the requisition, or where
no person was in actual possession the owner of such premises.
(2) Whenever in pursuance of section 91F, the requisitioning authority
requisitions any vehicle, vessel or animal, the corporation shall pay to the
owner thereof compensation the amount of which shall be determined by
the requisitioning authority on the basis of the fares or rates prevailing in
the locality for the hire of such vehicle, vessel or animal :
Provided that where the owner of such vehicle, vessel or animal being
aggrieved by the amount of compensation so determined makes an application
to the requsitioning authority within the time prescribed by rules made by
the State Government for referring the matter to an arbitrator, the amount
of compensation to be paid shall be such as the arbitrator appointed in this
behalf by the requisitioning authority may determine :
Provided further that where immediately before the date of the
requisitioning, the vehicle or vessel was by virtue of a hire-purchase
agreement in the possession of the person other than the owner, the amount
determined under this sub-section as the total compensation payable in
respect of the requisition shall be apportioned between that person and the
owner in such manner as they may agree upon and in default of agreement,
in such manner as an arbitrator appointed by the requisitioning authority in
this behalf may decide.
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 123

91H. The requisitioning authority may, with a view to requisitioning any Power to
obtain
property under section 91F or determining the compensation payable under information.
section 91G by order, require any person to furnish to such authority as may
be specified in the order such information in his possession relating to such
property as may be so specified.

91I. (1) Any person remaining in possession of any requisitioned premises Eviction from
requisitioned
in contravention of any order made under section 91F may be summarily premises.
evicted from the premises by any officer empowered by the requisitioning
authority in this behalf.
(2) Any officer so empowered may, after giving to any woman not
appearing in public reasonable warning and facility to withdraw, remove or
open any lock or volt or break open any door of any building or do any other
act necessary for effecting such eviction.

91J. (1) When any premises requisitioned under section 91F are to be Release of
premises
released from requisition, the possession thereof shall be delivered to the from
person from whom possession was taken at the time when the premises requisition.

were requisitioned, or if there were no such persons, to the person deemed

by the requisitioning authority to be the owner of such premises and such
delivery of possession shall be a full discharge of the requisitioning authority
from all liabilities in respect of such delivery, but shall not prejudice any
rights in respect of the premises which any other person may be entitled by
due process of law to enforce against the person to whom possession of the
premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned
under section 91F is to be given under sub-section (1) cannot be found or is
not readily ascertainable or has no agent or any other person empowered to
accept delivery on his behalf, the requisitioning authority shall cause a notice
declaring that such premises are released from requisition to be affixed on
some conspicuous part of such premises and publish the notice in the Official
Gazette.
(3) When a notice referred to in sub-section (2) is published in the Official
Gazette, the premises specified in such notice shall cease to be subject to
requisition on and from the date of such publication and be deemed to have
been delivered to the person entitled to possession thereof and the
requisitioning authority or the corporation shall not be liable for any
compensation or other claim in respect of such premises for any period after
the said date.

91K. The State Government shall make rules for prescribing— Power to make
rules.
(1) the manner in which an order of requisition shall be served under
sub-section (2) of section 91F, and
(2) the time within which an application for determining the amount of
compensation by an Arbitrator shall be made under section 91G.

91L. If any person contravences any order made under section 91F he Penalty for
contravention
shall, on conviction, be punished with imprisonment for a term which may of any order
extend to one year or with fine or with both.] regarding
requisitioning.
 H 4094 (115-132) L-1
124 Mumbai Municipal Corporation Act [1888 : Bom. III

Provisions 92. With respect to the disposal of property belonging to the corporation
governing the
disposal of
1
[other than property vesting in the corporation for the purposes of the
Municipal 2
[Brihan Mumbai Electric Supply and Transport Undertaking], the following
property.
provisions shall have effect, namely :—
(a) the Commissioner may, 3[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, 4[five lakh
rupees], of 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 :
5
[Provided that every lease of immoveable property granted by the
Commissioner (other than a contract for a monthly tenancy) the annual
rent where of at a rack rent exceeds 6 [fifty thousand rupees] shall be
reported by him, within fifteen days after the same has been granted, to
the 7 [Improvements Committee] ; ]
8
[(b) the Commissioner may,—
(i) with the sanction of the concerned Committee, dispose off, by sale
of otherwise any movable property held by the Corporation, the value
of which exceeds rupees five lakhs ;
(ii) with the sanction of the 9[Standing Committee], dispose off any
moveable property held by the Corporation, the value of which exceeds
rupees two crores ;
(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 10[any immovable property] belonging to the
corporation ;
11
[(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 market value of such premium, rent or other
consideration ;]
13
l2
[(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 ;]
1
These words were inserted by Bom. 48 of 1948, s.18.
2
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s.2 Schedule.
3
These words were substituted for the words “ in his discretion ” by Mah. 10 of 1998, s.53(a)(i).
4
These words were substituted for the words “ one lakh rupees ”, by Mah. 10 of 1998, s.53(a)(ii).
5
This proviso was substituted for the original by Bom. 13 of 1933, s.20(a).
6
These words were substituted for the words “ fifteen thousand rupees ” by Mah. 10 of 1998,
s.53(a)(ii)(A).
7
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s.43(a).
8
Clause (b) was substituted by Mah. 13 of 1998, s.16.
9
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s.43(b).
10
These words were substituted for the words “any property, movable or immovable” by Mah. 21 of
1989, s.15.
11
New sub-clause (cc) was inserted by Bom. 13 of 1933, s. 20(c).
12
Clause (d) was substituted by Mah. 10 of 1998, s.53(c).
13
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s.43(c).
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 125

[(dd) notwithstanding anything contained in this section, the

1

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 Co-operative 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 Trust Act, 1950 2[or to a society registered under the
Societies Registration Act, 1860 or the Maharashtra Co-operative Societies
Act, 1960, a public trust registered under the Bombay Public Trust Act,
Bom. 1950, or a company registered under the Companies Act, 1956 3[or any
XXIX of
1950. person] for the purposes of provision of public latrines, urinals and similar
XXI of conveniences or construction of a plant for processing excrementitious
1860.
Mah. and other filthy matters of garbages] or to a person who is dishoused as a
XXIV of result of the implementation of any Development Scheme of the
1961.
Bom. Corporation or to a Co-operative Housing Society formed exclusively by
XXIX of
1950. the persons who are dishoused as a result of the implementation of any
I of 1956. Development Scheme of the Corporation, 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
4

Commissioner may, with the sanction of the Corporation, and with the
approval of the State Government, grant a lease for a period 5[not exceeding
60 years], of municipal land which is declared as a slum area under the
Mah. provisions of the Maharashtra Slum Areas (Improvement, Clearance and
XXVIII
of 1971. 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.
The approval of the State Government under this clause may be given
either generally for any class of cases of such lands or specifically in any
particular case of such land :
Provided that, the Commissioner may in like manner renew, from time
to time ; the lease for such period and subject to such conditions as the
Corporation may determine and impose ; ]
6
[(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 :—
(i) Leasehold rights in respect of the properties belonging to the
corporation and given on lease may be further assigned or transferred
only with the prior permission of the Commissioner, on payment of such
premium on account of unearned income and transfer fees or charges at
such rates as may be specified by the corporation, from time to time.

1
Clause (dd) was inserted by Mah. 50 of 1981, s. 2.
2
This portion was inserted by Mah. 13 of 1990, s. 3.
3
These words were inserted by Mah. 12 of 1993, s. 2.
4
Clause (ddd) was inserted by Mah. 5 of 1986, s. 3.
5
These words and figures were substituted for the words and figures “ not exceeding 30 years” by
Mah. 8 of 1992, s. 6.
6
This clause was added by Mah. 20 of 2012, s. 2, with effect from 22nd June 1993.
H 4094—21
 H 4094 (115-132) L-1
126 Mumbai Municipal Corporation Act [1888 : Bom. III

(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 ;
1
[Provided that nothing in this section shall apply 2 * * * * * * * * to
3 4
[Dr. Bhau Daji Lad Museum] [or to the site thereof referred to in section
5 6
89C] except with the previous sanction of [the [State] Government]. ]
Obligation 7
annexed to [92A. Where—
property
binding on (1) the Commissioner has transferred by way of sale or exchange any
transferee. immovable property belonging to the Corporation and the terms of such
transfer direct that the property shall be applied or enjoyed in a particular
manner or the use or enjoyment thereof shall be restricted in a particular
manner, or
(2) the owner of any immovable property has entered into an agreement
with the Corporation concerning the application, enjoyment or use of the
property in a particular manner,
such term, condition or obligation shall be held to be annexed to the property
which is the subject-matter of the transfer or agreement and shall be enforced
against the transferee or owner and all persons deriving title or interest
under or through him,
notwithstanding—
(a) any law for the time being in force, and
(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.
Debts payable 93. So much of the following moneys as are still repayable on the day
by the
Corporation. when this Act comes into force shall be repaid, together with the interest
due thereupon, by the Corporation, namely :—
8
(a) to the [Government]—
Vehar water- (i) the balance of the debt due on account of the Vehar water-works Bom. III
works debt. 9 10
[referred to] in section 140 of the Bombay Municipal Act of 1872 and of 1872.
10 Bom. IV
1878 , with simple interest thereon at the rate of four per centum per
of 1878.
annum ; Bom. II
The (ii) the balance of the consolidated loan, as the same was defined in of 1880.
consolidated
loan. section 3, clause (3) of the Bombay Municipality’s Consolidated Loan
10
Act, 1880 , due on various accounts, with interest thereon at the rate of
four-and-a-half per centum per annum ;

1
This proviso was added to section 92 by Bom. 3 of 1907, s. 15.
2
The words “ to the Statue of Her Majesty Queen Victoria or ” were deleted by Mah. 5 of 1968, s. 2(1).
3
These words and letters were substituted for the words “ the Victoria and Albert Museum ” by Mah.
51 of 1975, s. 8.
4
These words were substituted for the words “ or to the sites thereof referred to in sections 89B and
89C ” by Mah. 5 of 1968, s. 2(1).
5
The words “ the Provincial Government ” were substituted for the word “Government ” by the
Adaptation of Indian Laws Order in Council.
6
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
7
Section 92A was inserted by Bom. 34 of 1954, s. 3.
8
This word was substituted for the word “Crown ” by the Adaptation of Laws Order, 1950.
9
The words “ referred to ” were substituted with effect from the 31st December 1892 for the original
word by Bom. 2 of 1894, s. 2.
10
Bom. 3 of 1872, 4 of 1878 and 2 of 1880 are repealed by s. 2 of this Act.
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 127

(b) to municipal security-holders— House rate and

market loans
Bom. II (iii) the house rate loan and the two market loans raised in 1876 and of 1867-1868.
of 1865. 1
1868 under the provisions of the Bombay Municipal Act, 1865 with
XXVI of
1871. interest thereon at the rate of six per centum per annum ;
(iv) the drainage loan of 1878 raised under the provisions of the Public New drainage
2 loan of 1878.
Works’ Loan Act, 1871 , with interest thereon at the rate of five per
centum per annum ;
(v) the sanitary works’ loan of 1885, 1886 and 1888 contracted under Sanitary
3 works’ loans of
XI of the provisions of the Local Authorities Loans Act, 1879 , with interest 1885, 1886 and
1879.
thereon at the rate of five per centum per annum ; 1888.

(vi) the portion of the Tansa water-works’ loan contracted under the Tansa water-
works’ loan.
Act last aforesaid previous to the coming into force of this Act ;
(vii) the portion of the drainage and water-works’ loan of 1888 Drainage and
water works’
contracted under the said Act previous to the coming into force of this loan of 1888.
Act.
4
Repayment of Moneys to the [Government ]

94. In order to secure the repayment of the Vehar water-works’ debt, Vehar water-
works’ debt
the Commissioner shall, on the first day of every month, until the whole of repayable in-
the said debt, together with the interest due thereon shall be liquidated, monthly
installments.
pay to 5[the 4 [Government]], a sum of rupees 6 [nine thousand four hundred
and ninety eight.]

95. (1) The whole of the consolidated loan, together with the interest Period of
repayment of
due thereon, shall be repaid within thirty years from the first day of January, consolidated
1881. loan.

(2) For better securing the repayment of the said loan, the Commissioner Mode of
repayment.
shall pay half-yearly to 5[the 4 [Government]], on every first day of January
and every first day of July, until the whole of the said loan, together with
the interest due thereon, shall be liquidated, a sum of one lakh seventy-
eight thousand three hundred and twenty-six rupees, two annas and five
paise.

96. (1) Every payment to be made by the Commissioner under either of Payments to
whom to be
the two last preceding sections shall be made 7[to the officer for the time made.
being appointed to receive 5[the 4[State] Government] dues or into the Bank
of Bombay].

1
Bom. 2 of 1865 was repealed by Bom. 3 of 1872.
2
Act 24 of 1871 was repealed by Act 11 of 1879, which in its turn was repealed by Act 9 of 1914.
3
See now the Local Authorities Loans Act, 1914 (9 of 1914).
4
This word was substituted for the word “ Crown ” by the Adaptation of Laws Order, 1950.
5
The words “ the Crown ” were substituted by the word “ Government” by the Adoption of Laws Order,
1950.
6
These words were substituted with effect from 31st December 1892 of the original words by Bom. I of
1894, s. 3.
7
These words were substituted for the original words by Bom. I of 1894, s. 4(1). The reference to the
Bank of Bombay should be read as referring to the Reserve Bank of India, Bombay.
H 4094—21a
 H 4094 (115-132) L-1
128 Mumbai Municipal Corporation Act [1888 : Bom. III

Notice of (2) Notice of every such payment having been made shall be forthwith,
payments to be
1
published. published by the Commissioner in the [Official Gazette].

In case of non- 97. If the Commissioner fails to make any of the said payments at the
payment report
to be made to prescribed time the Accountant General shall, within seven days after the
the Chief
Secretary to day on which such payment ought to have been made, report the fact to the
3
[State]
Government. 2 3
Chief Secretary to [the [State] Government] or other officer acting in that
capacity.

Arrears may be 98. (1) It shall be lawful for the said Chief Secretary, or other officer acting
recovered by
detention of in that capacity, when any of the said payments is in arrear, to direct any
moneys due to
the corporation
or by [Government Officer], not being a municipal authority or officer, to detain,
4

attachment of
the municipal to the extent of any payment or payments then in arrear, any moneys due or
fund, etc.
that may become due to the corporation, which he may then or thereafter
have in his custody or control.

(2) Such officer shall detain the moneys which he is so directed to detain
and pay the same, as they become due to the corporation, 5[to the officer for
the time being appointed to receive 2[the 3[State] Government] dues, or into
the Bank of Bombay].

(3) The moneys so paid shall be applied in or towards satisfaction of the

amount for the time being due in respect of the Vehar water-works’ debt or
of the consolidated loan, in preference to and with priority over all other
encumbrances on and claims to such moneys.

Attachment
not to defeat 99. (1) If the amount in arrear cannot be recovered in the manner
prior charge
legally made. provided in the last preceding section, the 6[3[State] Government] may attach
the municipal fund, or any tax leviable by the corporation.

(2) After such attachment no person, except an officer appointed by the

[ [State] Government], shall in any way deal with the attached fund or tax ;
6 3

but such officer may do all acts in respect thereof which the corporation or
any municipal authority might have done, if such attachment had not taken
place and may apply the proceeds in satisfaction of the amount in arrear and
of all expenses involved by the attachment and subsequent proceedings.

1
The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the
Adaptation of Indian Laws Order in Council.
2
The words “ the Provincial Government” were substituted for the word
“Government” by the Adaptation of Indian Laws Order in Council.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
These words were substituted for the words “ servant of the Crown ” ibid.
5
These words were substituted for the original word by Bom. I of 1894, s. 4(1), the reference to the
Bank of Bombay should be read as referring to the Reserve Bank of India, Bombay.
6
The words “ Provincial Government” were substituted for the words “ Governor-in Council” by the
Adaptation of Indian Laws Order in Council.
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 129

(3) Provided that no such attachment shall defeat or prejudice any debt
for which the fund or tax attached was previously pledged in accordance
with law ; but all such prior charges shall be paid out of the proceeds of the
fund or tax attached before any part of the proceeds is applied to the
satisfaction of a liability for the Vehar water-works’ debt or the consolidated
loan.
100. If the Commissioner fails to make any monthly payment, in Revision of
Vehar water-
accordance with section 94, on account of the Vehar water-works’ debt and works to the
after notice in writing signed by one of the Secretaries to 1[the 2[State] 6
[Government]
in case of
Government] requiring payment of the same has been served upon him and default in
forwarded 3[to the Mayor] and published for a period of not less than two payment of
4 any
months in the [Official Gazette] shall still fail to make such payment, the installment of
said Vehar water-works shall, notwithstanding anything contained in section the debt due
on their
88 cease to vest in the corporation and shall forthwith become vested in account.
5
[Government] in trust for the purposes for which the same were previously
vested in the corporation.
101. Nothing in the four last preceding sections shall affect the rights or Other rights,
remedies of
remedies which the 6[Government] has or shall have independently of this the
Act for the recovery of the moneys aforesaid.
6
[Government]
not to be
affected.

102. The annual sum of the monthly installments paid by the Method of
appropriating
Commissioner under section 94 and all recoveries made under any of the payments on
foregoing sections on account of the Vehar water-works’ debt shall be account of
the Vehar
appropriated as follows, namely :— water-works.
firstly to the payment of the interest accrued on account of the principal
sum of rupees thirty-seven lakhs thirty thousand and fifty-three due on
account of the said debt on the first day of July 1863 ;
6
secondly, to the payment of interest on all sums advanced by [the
7
[Government] in connection with the said works since the first day of
July 1863 ;
thirdly, to the payment of all sums subsequently advanced as aforesaid ;
and
lastly, to the liquidation of the said principal sum of rupees thirty-seven
lakhs thirty thousand and fifty-three.
103. Every payment made by the Commissioner under section 95 and all Method of
appropriating
recoveries made under any of the foregoing sections on account of the payments on
consolidated loan shall be appropriated first to the payment of the interest account of
the
due at the time of such payment or recovery and secondly to the reduction of consolidated
loan.
the principal.

1
The words “ the Provincial Government ” were substituted for the word
“Government” by the Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
3
These words were substituted for the words “ to the President of the Corporation” by Mah. 10 of 1998,
s. 54.
4
The words “ Official Gazette ” were substituted for the words “ Bombay Government Gazette ” by the
Adaptation of Laws Order, 1950.
5
This word, was substituted for the words “ Her Majesty ” by the Adaptation of Laws Order 1950.
6
This word was substituted for the word “Crown”, ibid.
7
This word was substituted for the words “the Crown” by the Adaptation of Indian Laws Order in
Council.
 H 4094 (115-132) L-1
130 Mumbai Municipal Corporation Act [1888 : Bom. III

Sinking fund 104. (1) Until such times as the corporation repay the house-rate loan and
for house-rate
and market the two market loans raised in 1867 and 1868 under the provisions of sections
loans to be 1
maintained. 253 to 258 of the Bombay Municipal Act, 1865, it shall be incumbent on the Bom. II
pf 1865.
corporation to maintain out of the taxes, on the security of which the said
loans were raised, the sinking fund prescribed by section 257 of the said Act.
(2) Provided that in the event of the corporation’s discharging any portion
of the said loans at any time previous to the time at which they are repayable
in full, it shall be competent to the corporation to reduce pro tanto the amount
of the said sinking fund.
Publication of Annual Account of Balance due on Loans.
Account of 105. (1) The Commissioner shall, in the month of 2[April in each year,
balances due 3
on loans to be publish in the [Official Gazette] an account showing the balances due by the
published by
the corporation on the last preceding thirty-first day of 2[March] to the
Commissioner 4
[Government] and to municipal security holders, 5[and holders of securities
yearly.
issued by the Board of Trustees for the Improvement of the City of Bombay
under and in accordance with the City of Bombay Improvement Act, 1898, Bom. IV
of 1898.
and the City of Bombay Improvement Trust Transfer Act, 1925] respectively, Bom.
on account of each debt or loan, if any, at the time still repayable by the XVI of
1925.
corporation.
(2) The Commissioner shall also cause the said account to be printed and
a printed copy thereof to be forwarded to the usual or last known local place
of abode of each councillor.

6
[CHAPTER V-A.
POWER TO EVICT PERSONS FROM CORPORATION PREMISES
Definitions. 105A. In this Chapter—
(a) “ Commissioner ” in relation to premises of the corporation which
vest in it for the purposes of the 7[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.

1
Bom. 2 of 1865 was repealed by Bom. 3 of 1872.
2
The words “ April ” and “ March ” were respectively substituted for the original words “ January ” and “
December ” by Bom. 10 of 1928.
3
The words “ Official Gazette ” were substituted for the words “ Bombay Government Gazeette ’ by the
Adaptation of Laws Order in Council.
4
This word was substituted for the word “ Crown ” by the Adaptation of Laws Order, 1950.
5
These words and figures were inserted by Bom. 13 of 1933, s. 21.
6
Chapter V-A was inserted by Mah. 14 of 1961, s. 4
7
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2 Schedule.
 H 4094 (115-132) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 131

105B. (1) Where the Commissioner is satisfied— Power to evict

person from
(a) that the person authorised to occupy any corporation premises has, Corporation
premises.
Mah. whether before or after the commencement of the Bombay Municipal
XIV of Corporation (Amendment) Act, 1960—
1961. 1
(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
2
(ii) sub-let, * * * 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,
the Commissioner may notwithstanding anything contained in any law for
the time being in force, by notice (served by post, or by affixing a copy of it on
the outer door or some other conspicuous part of such premises or in such
other manner as may be provided for by regulations), order that person, as
well as any other person who may be in occupation of the whole or any part
of the premises shall vacate them within one month of the date of the service
of the notice.
(2) Before an order under sub-section (1) is made against any person, the
Commissioner shall issue, in the manner hereinafter provided, a notice in
writing calling upon all persons concerned to show cause why an order of
eviction should not be made.
The notice shall,—
(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.
If such person makes an application to the Commissioner for the extension
of the period specified in the notice, the Commissioner may grant the same
on such terms as to payment and recovery of the amount claimed in the
notice, as he deems fit.
Any written statement put in by any person and documents produced, in
pursuance of the notice, shall be filed with the record of the case, and such
person shall be entitled to appear before the Commissioner by advocate,
attorney or pleader.
The notice to be served under this sub-section shall be served in the manner
provided for the service of a notice under sub-section (1) ; and thereupon,
the notice shall be deemed to have been duly given to all persons concerned.

1
These words were substituted for the words “ the rent or taxes ” by Mah. 21 of 1989, s. 16(i).
2
The words “ contrary to the terms or conditions of his occupation ” were deleted by Mah. 21 of 1989,
s. 16(ii).
 H 4094 (115-132) L-1
132 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) If any person refuses or fails to comply with an order made under sub
section (1), the Commissioner may evict that person and any other person
who obstructs him and take possession of the premises, and may for that
purpose use such force as may be necessary.
(4) The Commissioner may, after giving fourteen clear days notice to the
person from whom possession of the corporation premises has been taken
under sub-section (3) and after publishing such notice in the Official Gazette
and in at least one newspaper circulating in the locality, remove or cause to
be removed, or dispose of by public auction any property remaining on such
premises. Such notice shall be served in the manner provided for the service
of a notice under sub-section (1).
(5) Where the property sold under sub-section (4), the sale-proceeds shall,
after deducting the expenses of sale, be paid to such person or persons as
may appear to the Commissioner to be entitled to the same :
Provided that, where the Commissioner is unable to decide as to the person
or persons to whom the balance of the amount is payable or as to the
apportionment of the same, he shall refer such dispute to a civil court of
competent jurisdiction, and the decision of the court thereon shall be final.
(6) If a person, who has been ordered to vacate any premises under sub-
clause (i) or (iv) of clause (a) of sub-section (1), within one month of the date
of service of the notice, or such longer time as the Commissioner may allow,
pays to the Commissioner the rent and taxes in arrears, or as the case may
be, carries out or otherwise complies with the terms contravened by him to
the satisfaction of the Commissioner, the Commissioner shall on such terms,
if any (including the payment of any sum by way of damages or compensation
for the contravention aforesaid), in lieu of evicting such person under sub-
section (2), cancel his order made under sub-section (1); and thereupon such
person shall continue to hold the premises on the same terms on which he
held them immediately before such notice was served on him.

Power to 105C. (1) Subject to any regulations made by the Commissioner in this
recover rent or
damages as behalf, but without prejudice to the provisions of section 105B, where any
arrears of
property taxes. person is in arrears of rent payable in respect of any corporation premises,
the Commissioner may, by notice served in the manner provided for service
of notice under sub-section (1) of section 105B, order that person to pay the
same within such time not less than ten days as may be specified in the
notice.
(2) Where any person is in unauthorised occupation of any corporation
premises, the Commissioner may, in the manner and having regard to the
principles of assessment of damages, provided for by regulations, assess such
damages on account of the use and occupation of the premises as he may
deem fit, and may, by notice served in the manner referred to in sub-section
(1), order that person to pay the damages within such time as may be specified
in the notice.
(3) If any person refuses or fails to pay within the time specified in the
notice, the arrears of rent under sub-section (1) or damages under sub-section
(2), the Commissioner may recover the amount of rent, or as the case may be,
of damages in the same manner as the general or property tax due from such
person.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 133

(4) No order shall be made under sub-section (2) until after the issue of a
notice in writing to the person calling upon him to show cause, within a
reasonable period to be specified in such notice, why such order should not
be made, and until his objections, if any, and any evidence he may produce in
support of the same, have been considered by the Commissioner.

105D. Without prejudice to the provisions of section 105B, in the case of Rent to be
recovered by
any person who is an employee of the corporation and who has been allotted deduction from
any corporation premises, the amount of rent due by him in respect of such salary or
wages in case
premises shall, on a requisition in writing made in this behalf by the of corporation
Commissioner to the Head of the Corporation Department or Officer under employees.
whom such person is employed, be liable to be deducted from the salary or
wages payable to such person. On receipt of such requisition, the Head of
such Department or Officer as the case may be, shall deduct from the salary
or wages payable to such person the amount specified in the requisition and
pay the amount so deducted to the Commissioner in satisfaction of the rent
due by him.

105E. The Commissioner shall, for the purpose of holding any inquiry Commissioner
to have powers
under this Act, have the same powers as are vested in a civil court under the of Civil Court.
V of Code of Civil Procedure, 1908, when trying a suit, in respect of the following
1908.
matters, namely :—
(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.

105F. (1) An appeal shall lie from every order of the Commissioner, made Appeals.
in respect of any corporation premises, under section 105B or section 105C,
to an appellate officer who shall be the principal Judge of the City Civil
Court of Bombay or, such other judicial officer in 1[Brihan Mumbai] of not
less than ten years' standing, as the principal Judge may designate in this
behalf.
(2) An appeal under sub-section (1) shall be preferred,—
(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 :
Provided that, appellate officer may entertain the appeal after the expiry
of the said period of thirty days, if he is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(3) Where an appeal is preferred from an order of the Commissioner, the
appellate officer may stay the enforcement of that order for such period, and
on such conditions as he deems fit.
(4) Every appeal under this section shall be disposed of by the appellate
officer as expeditiously as possible.

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
H 4094—22
 ( L-1) H 4094 (133-180)
134 Mumbai Municipal Corporation Act [1888 : Bom. III
Finality of 105G. Save as otherwise expressly provided in this Chapter, every order
orders.
made by the Commissioner or the appellate officer under this Chapter shall
be final, and shall not be called in question in any original suit, application or
execution proceeding.
Power to make 105H. 1[The Commissioner, with the approval of the Standing Committee
regulations.
and the General Manager with the approval of the Brihan Mumbai Electric
Supply and Transport Committee], may make regulations for all or any of
the following matters, namely :—
(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 principle which may be taken into account in assessing such
damages ;
(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
Power to [106. The corporation may from time to time borrow or re-borrow and
2
borrow from
Central or take up at interest from 3[the Central or the 4[State] Government] or with
4
[State] the sanction of the 4[5[State] Government], from any other person, any sum
Government or
other persons. necessary for the purpose of—
(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.
6
* * * * *
Restrictions on [106A. Notwithstanding anything contained in section 106, except with the
7
utilisation of
funds created prior approval of the State Government, neither any internal loan shall be taken
by corporation.
by the corporation from any of the funds created by the corporation nor shall
any utilisation of such funds for any purposes other than purposes for which the
funds are created be made by the corporation.]

1
These words were substituted for the words " Mayor-in-Council " by Mah. 27 of 1999,s. 44.
2
New section 106 was substituted by Bom. 13 of 1933, s. 22, for the original as
amended by Act 38 of 1920, s. 2, and Sch. I, Part IV, and Bom. I of 1925, s. 17.
3
The words "the Central or the Provincial Government" were substituted for the
words “the Secretary of State for India in Council " by the Adaptation of Indian Laws Orders in Council.
4
This words was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.
5
The words " Provincial Government" were substituted for the words " Governor-in-Council" by the
Adaptation of Indian Laws Order in Council.
6
The proviso was omitted by the Adaptation of Indian Laws Order in Council.
7
This section was inserted by Mah. 32 of 2011, s. 12.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 135

107. If any new loan shall be contracted by the corporation under this Act Provisions
applicable to
with l[the Central or the 2[State] Government], the same shall be subject as any new loan
regards repayment and security and in every other respect, to the same contracted with
Central or
provisions as are hereinbefore contained in respect of the consolidated loan 2
[State]
save only that the rate of interest, the period of repayment and the number Government.
and amount of the instalments shall, in the case of any such new loan, be fixed,
3
[by the Central Government, or, as the case may be, the 2[State]
Government] ].
4
* * * * * *
108. (1) The corporation may borrow or re-borrow any such sum as Mortgage of
aforesaid from any person other than 1[the Central or the 2[State] taxes or
immovable
Government], on the security of any immovable property belonging to them property.
or proposed to be acquired by them under this Act or of all the taxes or of any
tax which they are authorised to levy for the purposes of this Act 5[or of the
Bombay Electric Supply and Transport Undertaking] or of all or any of those
securities.
(2) And for the purpose of securing the repayment of any sum so borrowed,
with interest thereon, they may mortgage to the person by or on behalf of
whom such sum is advanced any such immovable property or tax 6[or the said
undertaking].

109. The exercise of the powers of borrowing conferred by this Act shall Provisions as to
exercise of
be subject to the following provisions, namely :— borrowing
powers.
(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 7[the 2[State] Government], to be spread over a
term of years ;
[(b) the sum borrowed for any purpose other than for discharging any of
8

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
Bom.
XVI of
Transfer Act, 1925, 9[or other than for discharging any obligation arising out
1925. of the acquisition, extension, administration, operation or maintenance of the
10
[Brihan Mumbai Electric Supply and Transport Undertaking]] 11[or other
than for discharging any obligations arising out of any of the provisions
contained in Chapters IX and X,] including the balances of all the outstanding
loans and debts borrowed for any of the said purpose shall not exceed in the
whole 12[three time] the rateable value of the premises in 13[Brihan Mumbai]
assessable, as hereinafter provided, to property taxes ; and
1
The words “the Central or the Provincial Government” were substituted for the words “the Secretary
of State for India in Council”, by the Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
3
The words “ by the Central Government or, as the case may be, the Provincial Government” were
substituted for the words “ under the orders of the Governor General in Council, by the Governor in
Council ” by the Adaptation of Indian Laws Orders in Council.
4
The proviso was omitted by the Adaptation of Indian Laws Order in Council.
5
These words were inserted by Bom. 48 of 1948, s. 19.
6
These words were added, by Bom. 48 of 1948, s. 19.
7
The words “the Provincial Government” were substituted for the words
“ Government” by the Adaptation of Indian Laws Order in Council.
8
Clauses (b), (c) and (d) were substituted for the original clause (b) by Bom. 13 of 1933, s. 23(a).
9
These words were inserted by Bom. 48 of 1948, s. 20.
10
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” bv
Mah. 25 of 1996, s. 2 Sch.
11
These words and figures were inserted by Mah. 34 of 1973, s. 7(a).
12
These words were substituted for the words “double” by Mah. 21 of 1989, s. 17(a).
13
These words were substituted for the words “ Greater Bombay ” by Mah. 25 ot 1996, s. 2 Sch.
H 4094—22a
 ( L-1) H 4094 (133-180)
136 Mumbai Municipal Corporation Act [1888 : Bom. III

(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 the 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 Bom.
obligations, shall not at any time exceed in whole double the rateable value of XVI of
1925.
the premises in l[Brihan Mumbai] assessable, as hereinafter provided, to Bom. IV
property taxes ; and of 1898.
Bom.
(d) the sum borrowed under clause (c) for the purpose of making good any XVI of
1925.
deficit in budget estimate B framed under section 126 shall not in any year
exceed twenty lakhs of rupees ;] 2[and
(dd) the sum borrowed for the purpose of discharging any obligation arising
out of the acquisition, extension, adminstration, operation, or maintenance
of the 3[Brihan Mumbai Electric Supply and Transport Undertaking]
including the balances of the all outstanding loans and debts borrowed for
the said purpose, shall not at any time exceed in the whole 4[three times] the
rateable value of the premises in l[Brihan Mumbai] assessable, as hereinafter
provided, property taxes ; and]
[(ddd) the sums borrowed for the purposes of discharging any obligations
5

arising out of any of the provisions of Chapters 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 6[on the whole thrice] the rateable value of the
premises in l[Brihan Mumbai] assessable, as hereinafter provided, to property
taxes ; and]
[(e) the money may be borrowed for such time, not exceeding sixty years
7

as the corporation, with the sanction of the 8[ 9 [State] Government], determine

in each case ;
[(f) the corporation shall either pay off the money so borrowed, within the
10

period sanctioned, by equal annual instalments of principal or of principal

and interest, or in such other manner as may be approved by 8[the 9[State]
Government], or they shall in every year set a part 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 8[the 9[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:

1
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch.
2
This portion was inserted by Bom. 48 of 1948, s. 20.
3
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by
Mah. 25 of 1996, s. 2 Sch.
4
These words were substituted for the word “double” by Mah. 21 of 1989, s. 17(b).
5
Clause (ddd) was inserted by Mah. 34 of 1973, s. 7(b).
6
These words were substituted for the words “in the whole double” by Mah. 10 of 1998, s. 50.
7
Original clauses (c) to (g) of section 109 were re-lettered as (e) to (i) by Bom. 13 of 1933, s. 23(b).
8
The words “Provincial Government” were substituted for the words “Governor-in-Council” by the
Adaptation of Indian Laws Order in Council.
9
This word was substituted for the word “ Provincial ” by the Adaptation of Indian Laws Order, 1950.
10
New clause (f) was substituted for the original by Bom. 13 of 1933, s. 23(c).
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 137

Provided that they pay into the fund each time that interest would have
been received by the corporation in respect of the sinking fund or the part of
the sinking fund so applied, and accumulate, until the whole of the moneys
borrowed are discharged, a sum equivalent to the interest which would have
been so received ;
(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 re-investment 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 l[(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 authorised
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 :
2
[Provided that during the year in which the loan for repayment of which a
sinking fund has been established is due for repayment, the sum to be set
apart as portion of the principal of such sinking fund and the sum received on
account of interest on moneys forming part of such sinking fund may be retained
by the corporation in such form as they think fit ;]
(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 3[the 4[Statel 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] :
5
[Provided that, nothing contained in this clause shall apply to any sum
borrowed for the purposes of any capital works in relation to Chapters IX
and X].
6
[109A. (1) In respect of any sinking funds which by this Act the Investment of
sinking fund
corporation are directed or empowered to invest in public securities and in and surplus
respect of any surplus moneys which by this Act the Commissioner on behalf moneys in
debentures
of the corporation is empowered to invest in like securities, it shall be lawful issued by the
Corporation.
for the corporation to reserve and set apart for the purpose of any such
investment any debentures issued or to be issued on account of any loan for
which the sanction of the 7[ 4 [State] Government, 8* * * shall have been duly
obtained under section 106 or issued by the Board of Trustees for the
improvement of the City of Bombay under section 52 of the City of Bombay
Bom. IV Improvement Act, 1898 or section 68 of the City of Bombay Improvement
of 1898. Trust Transfer Act, 1925 : provided that the intention so to reserve and set
Bom.
XVI of apart such debentures shall have been notified as a condition of the issue of
1925. the loan.
1
The brackets and letter “ (g)” were substituted for the brackets and letter “(c)” by Bom. 76 of 1948, s.
12.
2
This proviso was inserted by Bom. 13 of 1933, s. 23(d).
3
The words “the Provincial Government” were substituted for the words “the Government” by the
Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5
This proviso was added by Mah. 34 of 1973, s. 7(c).
6
New sections 109A, 109B and 109C were inserted by Bom. 13 of 1933, s. 24.
7
The words “ Provincial Government” were substituted for the words “ Local Government” by the
Adaptation of Indian Laws Order in Council.
8
The words “ or of the Governor-General in Council ” were omitted, ibid.
 ( L-1) H 4094 (133-180)
138 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) The issue of any such debentures direct to and in the name of “ The
1
Municipal Commissioner for [Brihan Mumbai]” on behalf of the Corporation,
shall not operate to extinguish or cancel such debentures, but every debenture
so issued shall be valid in all respects as if issued to and name of any other person.
(3) The purchase by, or the transfer, assignment or endorsement to, the
corporation or to the Municipal Commissioner on behalf of the corporation of
any debenture issued by the Corporation or by the Board of Trustees for the
Improvement of the City of Bombay shall not operate to extinguish or cancel
any such debenture, but the same shall be valid and negotiable in the same
manner and to the same extent as if held by, or transferred, assigned or
endorsed to any other person.]
2
Annual [109AA. (1) All sinking funds established under this Act shall be subject
examination of 3
sinking funds. to annual examination by [the Chief Auditor, Local Fund Accounts,] who shall
ascertain whether the cash and the value of the securities belonging thereto
are actually equal to the amount which should be at the credit of such funds had
investments been regularly made and had the rate of interest as originally
estimated been obtained therefrom.
(2) The amount which should be at the credit of a sinking funds shall be
calculated on the basis of the present value of all future payments required to
be made to such funds under the provisions of this Act, on the assumption that
all investments are regularly made and the rate of interest as originally
estimated as obtained therefrom.
(3) The securities belonging to a sinking fund shall be valued for the purposes
of this section at their current market value, except in the case of debentures
issued under this Act or under any previous Act relating to the municipal
government of the city or under the City of Bombay Improvement Act, 1898, or Bom. IV
under the City of Bombay Improvement Trust Transfer Act, 1925, which shall of 1898.
Bom.
always be valued at par provided that the corporation shall make good XVI of
1925.
immediately any loss which may accrue on the actual sale of such debentures
at the time of the repayment of the loan.
(4) The corporation shall forthwith pay into any sinking fund any amount
which3 [the Chief Auditor, Local Fund Accounts,] may certify to be deficient,
4 5
unless the [ [State] Government] specially sanctions a gradual readjustment.
(5) If the cash and the value of the securities at the credit of any sinking fund
are in excess of the amount which should be at its credit, 3[the Chief Auditor,
Local Fund Accounts,] shall certify the amount of such excess sum and the
corporation may thereupon transfer the excess sum to the municipal fund.
3
(6) If any dispute arise as to the accuracy of any certificate made by [the Chief
Auditor, Local Fund Accounts,] under sub-section (4) or (5), the corporation
may, after making the payment or transfer, as the case may be, refer the matter
to the 4[5[State] Government] whose decision shall be final.

1
These words were substituted for the words “ Greater Bombay” by Mah. 25 of 1996, s. 2 Sch.
2
This section was inserted by Bom. 76 of 1948, s. 13.
3
These words were substituted for the words “ the Accountant General Bombay,” by Mah. 42 of 1976.
s. 7.
4
The words “ Provincial Government” were substituted for the words “ Local Government” by the Ad-
aptation of Indian Laws Order in Council.
5
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 139
1 Corporation
[109B. (1) Notwithstanding anything contained in sections 106, 108 and may take
2 3
109, the corporation may, with the previous sanction of the [ [State] advance from
banks and
Government] and for the purpose of discharging any liability arising out of grant mort-
gage.
the transfer to the corporation of the powers, duties, assets and liabilities of
the Board of Trustees constituted under the City of Bombay Improvement
Trust Transfer Act, 1925, take from any bank or banks credit on a cash account
to be opened and kept with such bank or banks in the name of the Corporation,
for a sum not exceeding in the aggregate fifteen lakhs of rupees on the security
Bom. of all or any of the taxes which the corporation are authorised to levy for the
XVI of purposes of this Act.
1925.
2 3
(2) The corporation may also, with the previous sanction of [the [State]
Government] and subject to the provisions of this Act, mortgage any lands of,
property vesting or re-vesting or belonging to the corporation in security of
the payment of the amount of such credit or of the sums advanced from time
to time on such cash account with interest thereon

109C. Notwithstanding anything contained in sections 106 and 109, the

corporation may also borrow, for the purpose of this Act, from any bank or
banks in which under section 122 the surplus moneys at the credit of the Corporation to
municipal fund may be deposited, against any Government promissory notes have power to
borrow from
or other securities in which for the time being the cash balance of the banks against
corporation may be invested.] Government
promissory
notes or
110. (1) Every mortgage authorized to be made under this securities.
4
Chapter [other than a mortgage made under section 109B] shall be by Form of
debenture in the form, contained in Schedule C or in such other form as the Security.
Corporation, with the consent of 5[the Provincial Government], shall from
time to time determine.

(2) Every debenture issued under this Act 6[other than a debenture issued
under section 11OD] shall be transferable by endorsement 7* *

* * * * * * *

(3) The right to payment of the moneys secured by any of such debentures
and to sue in respect thereof shall vest in the holder thereof for the time
being, without any preference by reason of some of such debentures being
prior in date to others.

1
New sections 109A, 109B and 109C were inserted by Bom. 13 of 1933, s. 24.
2
The words “ Provincial Government” were substituted for the words “ Local Government” by the
Adaptation of Indian Laws Order in Council.
3
This word was substituted for the word “Provincial” by the Adaptation of Laws Orders, 1950.
4
These words and figure were inserted by Bom. 13 of 1933, s. 25(a).
5
The words “Provincial Government” were substituted for the words “Government” by the Adaptation
of Indian Laws Order in Council.
6
These words were inserted by Bom. 13 of 1933, s. 25(b).
7
The words and letter “ and such transfers may be in the form of Schedule D, or to the like effect” were
deleted and have been deemed always to have been deleted by Bom. 76 of 1948, s. 14.
 ( L-1) H 4094 (133-180)
140 Mumbai Municipal Corporation Act [1888 : Bom. III
1
Issue of [110A. (1) When a debenture issued under this Act or any previous Act
duplicate 2
securities.
relating to the municipal government of the city [or under the City of Bombay Bom. IV
Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer of 1898.
3 Bom.
Act, 1925], is alleged to have been [lost, stolen or destroyed either wholly or in XIV of
4
part] and a person claims to be the person to whom but for the loss, [theft] or 1925.
destruction it would be payable, he may, on application to the Municipal
4
Commissioner, and on producing proof to his satisfaction of the loss, [theft] or
destruction and of the justice of the claim, obtain from him an order for,—
5
[(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
refered to in sub-section (2),—
(i) for the payment of interest in respect of the debenture pending the
issue of a duplicate debenture, and
(ii) for the issue of a duplicate debenture payable to the applicant, or
(b) if the debenture alleged to have been lost, stolen or destroyed is payable
not more than six years after the date of publication of the notification referred
to in sub-section (2),—
(i) for the payment of interest in respect of the debenture without the issue
of a duplicate debenture, and
(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.]
(2) An order shall not be passed under sub-section (1) until after the issue of
such notification of the loss 6[theft] or destruction of the debenture as may be
prescribed by the corporation, and after the expiration of such period as may be
prescribed by the corporation, nor until the applicant has given such indemnity
as may be required by the corporation against the claims of all persons deriving
7
title under the debenture lost, [stolen] or destroyed.
8
[(3) A list of the debentures in respect of which an order is passed under sub-
section (1) shall be published in the Official Gazette.]
9
[(4) If at any time before the corporation becomes discharged under the
provisions of section 110AD from liability in respect of any debenture the whole
of which is alleged to have been lost, stolen or destroyed, such debenture is
found, any order passed in respect thereof under this section shall be cancelled.]
10
Renewal of [110AA. Subject to the provisions of section 110AB, a person claiming to be
debentures. entitled to a debenture issued under this Act or any previous Act relating to the
municipal government of the city or under the City of Bombay Improvement Act,
1898, or the City of Bombay Improvement Trust Transfer Act, 1925, may on Bom. IV
applying to the Commissioner and on satisfying him of the justice of his claim of 1898.
Bom.
and delivering the debenture receipted in such manner and paying such fee as XVI of
may be prescribed by the Commissioner obtain a renewed debenture payable to 1925.
the person applying.

1
Sections 110A to 110C were inserted by Bom. 1 of 1910, s. 2, Serial No. 16.
2
These words and figures were inserted by Bom. 13 of 1933, s. 26.
3
These words were substituted for the word “wholly or partly lost or destroyed ” by Bom. 5 of 1938, s.
12(a)(i).
4
This word was inserted by Bom. 5 of 1938, s. 12(a)(ii).
5
These clauses were substituted for the original by Bom. 5 of 1938, s. 12 (a) (iii).
6
This word was inserted by Bom. 5 of 1938, s. 12(b)(i).
7
This word was inserted by Bom. 5 of 1938, s. 12(b)(ii).
8
This sub-section was substituted for the original by Bom. 5 of 1938, s. 12(c).
9
This sub-section was added by Bom. 5 of 1938, s. 12(d).
10
Sections 110AA to 110AE were inserted by Bom. 5 of 1938, s. 13.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 141

110AB. (1) Where there is a dispute as to the title to a debenture issued Renewal of
under this Act or any previous Act relating to the municipal government of debentures
in case of
the city or under the City of Bombay Improvement Act, 1898, or the City of dispute as to
title.
Bom. IV Bombay Improvement Trust Transfer Act, 1925, in respect of which an
of 1898.
Bom. application for renewal has been made, the Commissioner may—
XVI of
1925. (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, renewed debenture in favour of such party, or
(b) refuse to renew the debenture 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.
Explanation.—For the purposes of this sub-section the expression “ final
decision” means a decision which is not appealable or a decision which
is appealable but against which no appeal has been filed within the period of
limitation allowed by law.
(2) For the purposes of the inquiry referred to in sub-section ( 1) the
Commissioner may himself record, or may request the District Magistrate to
record or to have recorded, the whole or any part of such evidence as the
parties may produce. The District Magistrate to whom such request has been
made may himself record the evidence or may direct any Magistrate
subordinate to him to record the evidence and shall forward the record of
such evidence to the Commissioner.
(3) The Commissioner or any Magistrate acting under this section may, if
he thinks fit, record evidence on oath.
110AC. (1) When a renewed debenture has been issued under section Liability in
110AA in favour of any person, the debenture so issued shall be deemed respect of
debenture
constitute a new contract between the corporation and such person and all renewed.
persons deriving title thereafter through him.
(2) No such renewal shall affect the rights as against the corporation of
any other person to the debenture so renewed.
110AD. When a duplicate debenture has been issued under section 110A, Discharge in
certain cases.
or when a renewed debenture has been issued under section 110AA or section
110AB or when the principal sum due on a debenture in respect of which an
order has been made under section 110A for the payment of the principal
sum without the issue of a duplicate debenture has been paid on or after the
date on which such payment became due, the corporation shall be discharged
from all liability in respect of the debenture in place of which a duplicate or
renewed debenture has been so issued, or in respect of which such payment
has been made, as the case may be—
(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
H 4094—23
 ( L-1) H 4094 (133-180)
142 Mumbai Municipal Corporation Act [1888 : Bom. III

(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.
Indemnity. 110AE. Notwithstanding anything in section 110AA or 110AB, the
Commissioner may in any case arising under either of those sections–
(1) issue a renewed debenture upon receiving such indemnity in favour of
the corporation and the Commissioner as he shall think fit against the claims
of all persons claiming under the original debenture, or
(2) refuse to issue a renewed debenture unless such indemnity is given.]
Right of 110B. (1) Notwithstanding anything in section 45 of the Indian Contract IX of
survivors of 1872.
joint payees of
Act, 1872, when any debenture issued under this Act or any previous Act Bom. IV
l
securities. relating to the municipal government of the city [or under the City of Bombay of 1898.
Bom.
Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer XVI of
Act, 1925], is payable to two or more persons jointly and either or any of 1925.
them dies, the debenture shall be payable to the survivor or survivors of
those persons.
(2) Nothing herein contained shall affect any claim which the representative
of the deceased person may have against the survivor or survivors in respect
of the debenture jointly payable to him or them and the deceased.
(3) This section shall apply whether the death of the person to whom the
debenture or security was jointly payable occured or occurs before or after
this section comes into force.
Power of one 110C. Notwithstanding anything in section 45 of the Indian Contract Act, IX of
or two or more 1872.
joint holders to 1872, when two or more persons are joint holders of any debenture issued
grant receipts. under this Act, or any previous Act relating to the municipal government of
the city, 2[or under the City of Bombay Improvement Act, 1898, or the City of Bom. IV
of 1898.
Bombay Improvement Trust Transfer Act, 1925] any one of those persons Bom.
may be given an effectual receipt for any interest or dividend payable in XVI of
1925.
respect of such debenture unless notice to the contrary has been given to the
Commissioner by any other of the holders.]
3
Debentures [110D. (1) The holder of any debenture issued by the Board of Trustees Bom. IV
issued under of 1898.
Bombay Act IV
for the Improvement of the City of Bombay under the City of Bombay
Bom.
of 1898, and Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer XVI of
XVI of 1925. 1925.
Act, 1925, may obtain in exchange therefor, upon such terms as the corporation
shall from time to time determine, a debenture in any other form which the
corporation may, with the previous consent of 4[the 5[State] Government],
prescribe.
(2) Every debenture issued under the City of Bombay Improvement Act, Bom. IV
1898, or the City of Bombay Improvement Trust Transfer Act, 1925, or by the of 1898.
Bom.
corporation under sub-section (1) shall be transferable— XVI of
1925.
(a) if it is in the form of Schedule AA by endorsement, and

1
These words and figures were inserted by Bom. 13 of 1933, s. 26.
2
These words and figures were inserted, by Bom. 13 of 1933.
3
Sections 11OD to 110H were inserted by Bom. 13 of 1933, s. 27.
4
The words “the Provincial Government” were substituted for the words “Government” by Adaptation
of Indian Laws Order in Council.
5
These words were substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 143

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

(3) The rights to sue in respect of the moneys secured by debentures issued
Bom. IV under this section or the City of Bombay Improvement Act, 1898, or the City
of 1898. of Bombay Improvement Trust Transfer Act, 1925, shall vest, in the respective
Bom.
XVI of holders thereof for the time being without any preference by reason of some
1925. of such debentures being prior in date to others.
110DD. (1) The 1[Standing Committee] at its discretion may, at the time Issue of stock
certificates.
of issue or at any time during the currency of any debentures or securities
issued under the provisions of this Act or any previous Act relating to the
Bom. IV municipal government of the city or under the City of Bombay Improvement
of 1898. Act, 1898, or the City of Bombay Improvement of Trust Transfer Act, 1925,
Bom.
XVI of upon the application of the subscriber for, or holder of any such debentures
1925. or securities, issue to him, in lieu of the debentures or securities deliverable
to or held by him, a certificate in the name of a stock, certificate in respect of
the loan to which such debentutes or securities relate, which shall be in such
2
form as the corporation with the previous consent of [the Provincial
Government], shall from time to time determine and all the provisions as to
interest or dividend on such debentures or securities shall, so far as may be,
apply to the interest on the stock certificate.
3
[(1A) The repayment of the principal sum mentioned in a stock certificate
issued under sub-section (1) in lieu of a debenture or any other security, not
being a debenture issued under the City of Bombay Improvement Act, 1898,
Bom. IV or the City of Bombay Improvement Trust Transfer Act, 1925, or a debenture
of 1898. issued under the Act in renewal of such a debenture, and the interest payable
Bom.
XVI of thereon shall be deemed to be secured by a mortgage of a proportion of all
1925. the taxes which may be levied under this Act in the same manner and to the
same extent as if a debenture for the same sum has been issued in the form
contained in Schedule C to this Act.]
(2) The 1 [Standing Committee] shall upon the application of the holder of
a stock certificate convert the same into debentures or securities of the loan
to which it relates.
4
[(3) The corporation may from time to time make, alter or rescind rules
prescribing—
(a) the amounts for which stock certificates may be issued ;
(b) the fees to be levied in respect of the issue of stock certificates ;
(c) the form of keeping a register of the holders of stock ;
(d) the mode in which payment of interest to holders of stock is to made,
recorded and acknowledged;
(e) the form of transfer to be used, the formalities to be observed and the
fees to be levied on a transfer of stock;
(f) the circumstances and manner in which duplicate stock certificates
may be issued and the fees to be levied or the indemnity to be required on
any such issue ;
(g) generally the measures to be adopted for carrying out the objects of
this section.

1
These words were substituted for the words “ Mayor-in-Council” by Bom. 27 of 1999, s. 45.
2
The words “ the Provincial Government” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
3
Sub-section (1A) was inserted by Bom. 32 of 1935, s. 6.
4
These sub-sections were added by Bom. 5 of 1938, s. 14.
H 4094—23a
 ( L-1) H 4094 (133-180)
144 Mumbai Municipal Corporation Act [1888 : Bom. III

(4) No rule, or alteration or rescission of a rule, shall have effect until the
same shall have been approved by the Government, and such approval shall
have been published in the Official Gazette; and no rule, or alteration or
rescission of a rule, shall be approved by Government until the same shall
have been published for three weeks successively in the said Gazette.]

Provisions for 110E. In the case of all loans raised, sinking funds established, debentures
loans, etc.
raised by the or other securities issued and debts incurred by the Board of Trustees for
Board of
Trustees under the Improvement of the City of Bombay under and in accordance with the
Bombay Act IV
of 1898 and City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Bom. IV
of 1898.
Bombay Act
XVI of 1925.
Trust Transfer Act, 1925, before the City of Bombay Municipal (Amendment) Bom. XVI
of 1925.
Act, 1933, comes into operation the following provisions shall apply :— Bom. XIII
of 1933.
(i) if when such loans were raised the loans were made repayable from
sinking funds, the corporation shall establish sinking funds for the
repayment of such loans and shall pay into such funds such sums, on such
dates as may have been fixed when the loans were raised ;
(ii) if when any such loans were raised the loans were made repayable
by equal payments of principal and interest or by equal payments of
principal the corporation shall make such payments on such dates and in
such manner as may have been fixed when the loans were raised;
(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)
1
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 Bom. IV
of 1898.
Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Bom.
Act, 1925,” were substituted ; XVI of
1925.
(v) the provisions of clause (h) of section 109 (except the proviso) shall,
as far as may be, apply and the said clause shall be construed as if after the
words “ 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 Bom. IV
of 1898.
Trust Transfer Act, 1925 ”, were substituted ; Bom.
XVI of
1925.

1
The words “ the Provincial Government” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 145

Bom. (ix) all securities and cash held by the Board of Trustees for the
XIII of
1933. 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
Bom. IV the City of Bombay Improvement Act, 1898, and the City of Bombay
of 1898.
Bom. Improvement Trust Transfer Act, 1925, shall continue to be subject as
XVI of regards repayment, rate of interest, period, guarantee for fulfilment of
1925.
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
Bom. the City of Bombay Municipal (Amendment) Act, 1933, comes into force,
XIII of
1933. 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
term 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 :
Provided that nothing contained in clauses (a) and (b) above shall affect
Bom. any express provision of the City of Bombay Municipal (Amendment) Act,
XIII of
1933. 1933, relating to such loans, funds and debts.
110F. (1) If the corporation fail—
(a) to pay any interest due in respect of any loan taken by the Board of Procedure in
event of
Bom. IV Trustees for the Improvement of the City of Bombay under the City of default by
of 1898. corporation in
Bom. Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust payment of
XVI of
1925. Transfer Act, 1925, for the repayment of which the corporation have become interest or
investment of
liable under section 110E ; sinking fund
charges.
(b) to pay or to set aside and invest any sum required by section 110E or
which the said Board were required to pay or set aside and invest under
the provisions of the said Acts,
the Accountant General of Bombay shall make such payment or shall set
aside and invest such sum as ought to have been set aside and invested under
the said provision of Acts ; and the Commissioner shall forthwith pay from
the municipal fund to the said Accountant General a sum equivalent to the
sum so paid or invested by him ; and if the amount is not so paid 1[the Provincial
Government] may attach the rents and other income of the corporation
1
The words “ the Provincial Government” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
 ( L-1) H 4094 (133-180)
146 Mumbai Municipal Corporation Act [1888 : Bom. III

sufficient to pay the said sum and thereupon the provisions of sub-sections
(2) and (3) of section 99 shall with all necessary modifications be deemed to
apply.
(2) The corporation may, with the previous sanction of 1[the 2[State]
Government] levy any such special tax as may be sufficient to repay to the
municipal fund the amount paid by the Commissioner as aforesaid. Such
special tax shall be in addition to any of the taxes from time to time leviable
under this Act :
3
[Provided that nothing in this sub-section shall authorize the levying of
any tax which could not be imposed in the 2[State] by the 2[State] Legislature
4
under the [Constitution].
Procedure in 110G. If the Commissioner to make the payment as required by section
case of default
by 110F 1[the 2[State] Government] may attach the municipal fund or any tax
Commissioner.
leviable by the corporation or any special tax leviable under sub-section (2) of
section 110F sufficient so far as can be estimated to cover such payment and
thereupon the provisions of sub-sections (2) and (3) of section 99 shall with all
modification be deemed to apply :
Provided that before 1[the 2[State] Government] attaches a special tax
leviable under sub-section (2) of section 110F, 1[the 2[State] Government] may
require the corporation to levy the said tax.
Certain sums 110H. All money payable under sub-section (1) of section 110F and levied
to be a charge
upon the under section 110G shall constitute a charge upon the property of the
property of the
Corporation. corporation.

CHAPTER VII.
REVENUE AND EXPENDITURE
The Municipal Fund
Constitution of 111. [Subject to the provisions of sections 6[119A, 119B], 120, 120A and
5

the municipal
fund. 460Z] all moneys received by or on behalf of the Corporation under the
provisions of this Act or any other enactment at the time in force, or under
any contract :—
all proceeds or the disposal of property by, or on behalf of, the
corporation,
all rents accuring from any property of the corporation,
all moneys raised by any tax, levied for the purposes of this Act,
all fees and fines payable and levied under this Act or under any rule,
regulation or by-law in force thereunder 7[other than fines imposed by a court],

1
The words “ the Provincial Government” were substituted for the word, “Government” by the Adaptation
of Indian Laws Order in Council.
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order 1950.
3
This proviso was substituted for the original proviso by the Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word and figures “ Government of India Act, 1935” by the Adaptation
of Laws Order, 1950.
5
This portion was inserted by Bom, 48 of 1948, s. 21.
6
These figures and letters were inserted by Mah. 34 of 1973, s. 8.
7
These words were inserted by the Adaptation of Indian Laws Order in Council.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 147
1
[the balance, after all necessary contingent expenses have been defrayed,
of all fees] for licences for public conveyances granted by the Police
2
Bom. VII Commissioner under [the Bombay Police Conveyances Act, 1920],
of 1920.
3
[the balance, after all necessary contingent expenses have been defrayed,
Bom. IV of all fees for licences for the playing of music in streets and public places
of 1902. granted under paragraph (ii) of clause (f) of section 22 of the City of Bombay
Police Act, 1902],
4
* * * * * *
5
all moneys received by or on behalf of the corporation [from any Government]
or private individuals by way of grant or gift or deposit, and
all interest and profits arising from any investment of, or from any
transaction in connection with any money, belonging to the corporation,
6
[including loans advanced under section 354W, 7[354WA or 354 WB] ],
shall be credited to a fund, which shall be called “ the municipal fund ” and
which shall be held by the corporation in trust for the purposes of this Act,
subject to the provisions herein contained.
8
* * * * * *
9
[111A. The State Government may, under appropriation duly made in Annual grant
this behalf, make a grant to the Corporation every year of such amount as it by State
Government
may, from time to time, determine, having regard to the proceeds of the from proceeds
10
Bom. I of entertainments duty levied and collected by it in [Brihan Mumbai] under of
1923. the Bombay Entertainments Duty Act, 1923. The grant shall be made in such entertainments
duty.
manner and shall be subject to such terms and conditions, as the State
Government may, from time to time, determine. All moneys received by the
Corporation by way of such grant shall be credited to the municipal fund :]
11
[Provided that it shall be competent for the State Government to deduct—
(a) from the grants made by the State Government, or
(b) from any sum representing the grant-in-aid or the share of the
Corporation in the net proceeds of the taxes, duties, tolls and fees levied
by the State Government on the recommendations of the Finance
Commission,
any amount which is due to the State Government, or to any Government,
Corporation, Government Company or any other statutory authority
constituted by the Government of Maharashtra :
Provided further that, before making such deductions, the Corporation’s
say in the matter shall be considered by the Government].

1
These words were substituted for the words “ all fees ” by Bom. 3 of 1907, s. 16(a).
2
These words and figures were substituted for the original by Bom. 76 of 1948, s. 15.
3
This clause was inserted by Bom. 3 of 1907, s. 16(b).
4
The words, figures, letter and brackets,“ the balance, after all expenses referred to in sub-section (3)
of section 513A have been defrayed of all fines levied by any magistrate in respect of any offence
against the provisions of this Act, or of any regulation or by-law made under this Act ” were omitted
by the Adaptation of Indian Laws Order in Council.
5
The words “from any Government” were substituted for the words “ from Government”, ibid.
6
These words, figures and letters were inserted by Bom. 13 of 1933, s. 28.
7
These figures, letters and word were inserted by Bom. 34 of 1954, s. 4.
8
The proviso was deleted by Bom. 48 of 1948, s. 21.
9
Section 111A was inserted by Mah. 63 of 1975, s. 3.
10
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Sch.
11
These provisos were added by Mah. 41 of 1994, s. 39.
 ( L-1) H 4094 (133-180)
148 Mumbai Municipal Corporation Act [1888 : Bom. III
Commissioner 112. All moneys payable to the credit of the municipal fund shall be
to receive
payments on received by the Commissioner and shall be forthwith paid 1[into the] 2[the
accounts of the State Bank of India, constituted under the State Bank of India Act, 1955 or XXCIII
municipal fund of 1955.
and to lodge any corresponding new Bank specified in the First Schedule to the Banking 5 of
them in a bank. 1970.
Companies (Acquisition and Transfer of Undertakings) Act, 1970 or in the First 40 of
Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) 1980.
Act, 1980] to the credit of an account, which shall be styled the account of the
municipal fund of 3[Brihan Mumbai].
4
[ * * * * * *]
5
How the fund
shall be drawn
[113. (1) Subject to the provisions of section 520, no payment shall be
against. made by the Bank aforesaid out of the municipal fund except on a cheque
signed by two persons in the manner specified below, namely :—
6
[(a) by the Commissioner, Additional Commissioner, the Director or a
Deputy Commissioner 7[or, in the absence of all of them, by a municipal
8
officer who is authorised by [Standing Committee], and
(b) by the Municipal Chief Accountant, Additional Municipal Chief
Accountant, Joint Municipal Chief Accountant or Deputy Accountant:]
9
Provided that, any cheque for an amount not exceeding [one lakh rupees],
if signed by the Chief Accountant or Deputy Accountant shall be sufficient
authority for the payment of the amount thereof out of the fund by the said
Bank.
(2) Payment of any sum due by the Corporation in excess of one hundred
rupees (or such higher amouat as 8[Standing Committee] from time to time may
fix generally or for any specified class of payments) shall be made by means of
a cheque signed as aforesaid and not in any other way.
(3) Payment not covered by sub-section (2) may be made by the
Commissioner in cash or cheques for a sum not exceeding five thousand rupees
each (or such higher amount as 8[Standing Committee] may from time to time
fix) signed as aforesaid, being drawn from time to time to cover such payments.
Deposit of 114. Notwithstanding anything contained in the last two preceding
portion of the
municipal fund
sections, the Commissioner may, with the 10[previous] approval of 8[Standing
may be made Committee] from time to time, remit any portion of the municipal fund to a
with bank or bank or other agency at any place beyond the city at which it may be desirable
agency out of
11
[Mumbai]
for the corporation to have funds in deposit, and any money payable to the
when credit of the municipal fund or chargeable there against, which can, in the
convenient. opinion of the Commissioner be most conveniently paid into or out of the
account of the Corporation at any such bank or agency, may be so paid.

1
These words were substituted for the original by Bom. I of 1894, s. 4 (2).
2
This portion was substituted for the words “the Bank of Bombay” by Mah. 21 of 1989, s. 18(a).
3
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, Schedule.
4
The proviso was deleted by Mah. 21 of 1989, s. 18(b).
5
Section 113 was substituted by Mah. 39 of 1961, s. 9.
6
Clauses (a) and (b) were substituted for the original by Mah. 21 of 1989, s. 19(a).
7
These words were inserted by Mah. 12 of 1993, s. 3 (a).
8
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 46.
9
These words were substituted for the words “ ten thousand rupees ” by Mah. 12 of 1993, s. 3(b).
10
The word “ previous ” was inserted by Bom. 19 of 1930, s. 9.
11
These words were substituted for the word “Bombay” by Mah. 25 of 1996, Schedule.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 149

115. (1) Except as hereinafter provided, on payment of any sum shall be Only sums
covered by
made by the Commissioner out of the municipal fund, unless the expenditure budget-grant to
be expended
of the same is covered by a current budget-grant and sufficient balance of from the
such budget-grant is still available, notwithstanding any reduction or transfer municipal fund.

thereof which may have been made under section 133 or section 134 :
(2) Provided that the following items shall be excepted from this Exceptions.
prohibition, namely :—
1
(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 exercise of the
power conferred upon him by section 434 ;
2
(h) costs incurred by the Commissioner under [clause (c) or (d) of sub-
section (3)] of section 64 :
3
[Provided further that, in the case of an emergent necessity for funds, and
4
upon a representation by the [Brihan Mumbai Electric Supply and Transport
Committee] to the Corporation, the Corporation may, with the previous
sanction of the State Government (which sanction may be given subject to
such terms and conditions as to repayment and other matters as that
Government thinks fit), authorise the Commissioner to pay from the
municipal fund into the 5[Brihan Mumbai Electric Supply and Transport Fund]
such sums as may be specified, as a temporary advance for meeting such
emergency.]
(3) In sub-section (1), “ budget-grant ” means a budget-grant within the
meaning of that term as defined in section 130 and includes any sum by which
6
such budget-grant may at any time be increased by a transfer under [sub-
section (1) ] of section 133.
116. The [Officers of the Corporation] 8 *
7
* * * shall not Drafts on the
municipal fund
sign any cheque under section 113 without first satisfying themselves that to be checked
by 7[officer of
the sum for which such cheque is drawn is either covered by a budget-grant the
as aforesaid or is an item of one of the excepted descriptions specified in sub- Corporation].
section (2) of the last preceding section.
1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 48(c).
2
This portion was substituted for the original by Bom, 48 of 1948, s. 22.
3
This proviso was added by Mah. 32 of 1966, s. 2.
4
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 48 (b).
5
These words were substituted for the words “ Bombay Electric Supply and Transport Fund ” by Mah. 25 of 1996,
Schedule.
6
This was substituted for “clause (b)” by Bom. 5 of 1935, s. 15.
7
These words were substituted for the words “Members of the Standing Committee” by Mah. 10 of 1998, s. 61.
8
The words “ and the municipal secretary ” were omitted by Bom. 32 of 1935, s. 8.

H 4094—24
 ( L-1) H 4094 (133-180)
150 Mumbai Municipal Corporation Act [1888 : Bom. III
Procedure
when money
117. Whenever any sum is expended by the Commissioner under clause
l
not covered by (e), (f), (g) or (h) of [sub-section (2) of] section 115, he shall forthwith
2
budget grant is communicate the circumstances to the [Standing Committee] who shall take
expended 1
under clause
action under [sub-section (2) of] section 133 or recommend the corporation
1
(e), (f), (g) or to take, under section 131 [or under sub-section (1) of ] section 133 such
(h) of section actions as shall, in the circumstances, appear possible and expedient for
115.
covering the amount of the additional expenditure.
Purpose for 118. The moneys from time to time credited to the municipal fund shall
which the
municipal fund
be applied in payment of all sums, charges and costs necessary for the
is to be applied. purposes, specified in sections 61,62,3[62D], 4[62E] and 63, or for otherwise
carrying this Act into effect, or of which the payment shall be duly directed
or sanctioned under any of the provisions of this Act, inclusive of—
(a) the expenses of every ward-election 5* * * held under this Act;
6 7
[(b) sum payable to the [Brihan 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 8[Brihan Mumbai Electric Supply
and Transport Undertakings] 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 7[Brihan Mumbai Electric Supply
and Transport Fund];
(c) the salaries 9 [joining time allowances] and other allowances of the
10
Commissioner, [of the Director] and of any Deputy Commissioner appointed
11
under this Act [and of any officer whose services may, at the request of the
12 13
corporation, be placed by [the [State] Government] at their disposal] ;
(d) the salaries and other allowances of all municipal officers and servants
and all 14[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 l5[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] ;
16
[(dd) the fees and costs payable to the Commissioner 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 ;
1
This portion was inserted by Bom. 5 of 1938, s. 16.
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 49.
3
The figures and letter “ 62D ” were inserted by Bom. 3. of 1907, s. 17.
4
The figures and letter “ 62E ” were inserted by Bom. 12. of 1925, s. 3.
5
The words “ and of every justices election ” were omitted by Bom. 32 of 1935, s. 9.
6
Clause (b) was inserted by Bom. 48 of 1948, s. 23.
7
These words were substituted for the words “Bombay Electric Supply and Transport Fund ” by
Mah. 26 of 1996, Schedule.
8
These words were substituted for the words “ Bombay Electric Supply and Transport
Undertaking”, by Mah. 26 of 1996, Schedule
9
These words were inserted by Bom. 5 of 1905, s. 8(a).
10
These words were inserted by Mah. 53 of 1981, s. 16(a).
11
These words were added by Bom. 5 of. 1905, s. 8(b).
12
The words “ the Provincial Government ” were substituted for the words “ Government ” by the
Adaptation of Indian Laws Order in Council.
13
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
14
These words were added by Bom. 6 of 1922, s. 30.
15
These words were added by Mah. 27 of 1979, s. 2.
16
Clause (dd) was inserted by Bom. 48 of 1950, s. 53.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 151
l
[(ee) the loans advanced in accordance with the provisions of section 354-
2
W, [354WA, 354 WB or 354WBB ;]
(f) every sum payable—
3 4
(i) under [sub-section (1) of section 110F], [section 513-A, and]
5 6
sub-section (1) of section 520 to [the [State] Government] ;
(ii) under a decree or order of a civil or criminal court passed against
7
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.
8
[118A. Expenditure by the corporation out of the municipal fund shall, Municipal fund
9 where to be
save as otherwise provided by this Act, be made within [Brihan Mumbai] expended.
10
only, but may by a resolution of the corporation supported by at least [half
the total number of ] councillors, be made outside the city for any of the
purposes of this Act.]
119. (1) On the written requisition of a Secretary to 5[the 6[State] Temporary
payments from
Government], the Commissioner may at any time undertake the execution of the municipal
any work certified by such Secretary to be urgently required in the public fund for works
service, and for this purpose may temporarily make payments from the urgently
required for
municipal fund, so far as the same can be made without unduly interfering public service.
with the regular working of the municipal administration. The cost of all
work so executed and of the establishment engaged in executing the same
5 6
shall be paid by the [the [State] Government] and credited to the municipal
fund.
(2) On receipt of any requisition under sub-section (1) the Commissioner
shall forthwith forward a copy thereof to the corporation, together with a
report of the steps taken by him in pursuance of the same.
11
* * * * * * *
12
* * * * * * *
Special funds.
13
[119A. (1) The Corporation shall establish and set apart for the purposes Constitutions
of ‘ G’ budget a separate fund to be called “ the Consolidated Water Supply of the
consolidated
and Sewage Disposal Loan Fund ” for the purposes of carrying into effect the Water Supply
provisions of Chapters IX and X. and Sewage
Disposal Loan
(2) The following moneys shall be credited to the said Loan Fund, namely:— Fund.
(a) any sums borrowed in exercise of the powers conferred by or under
this Act for the purposes of Chapters IX and X;
(b) such portion of the Sinking Fund referred to in clause (f) of section
106 as the Corporation may, from time to time, determine.

1
The new clause (ee) was inserted by Bom. 13 of 1933, s. 29(i).
2
These figures, letters and words were inserted by Bom. 34 of 1954, s. 5.
3
These words, figures, letter and brackets were inserted by Bom. 13 of 1933, s. 20(ii).
4
These words, figures and letters were inserted by Bom. 10 of 1930, s. 3.
5
The words “the Provincial Government” were substituted for the words “Government” by the Adaptation
of Indian Laws Order in Council.
6
This word was substituted for the word “Provincial’ by the Adaptation of Laws Order, 1950.
7
These words were inserted by Mah. 53 of 1981, s. 16(b).
8
New section 118A was inserted by Bom. 10 of 1928, s. 11.
9
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996,
s. 2 Schedule.
10
These words were substituted for the words” fifty-four” by Bom. 7 of 1950.
11
The heading “School-fund and section 120” were repealed by Bom. 3 of 1907, s. 18.
12
Portion repealed by Bom. 3 of 1907, s. 19 are omitted.
13
Sections 119A and 119B were inserted by Mah. 34 of 1973, s. 9.
H 4094—24a
 ( L-1) H 4094 (133-180)
152 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) The Fund so established shall be applied for,—

(a) the expenditure on capital works for the purposes of Chapters IX and
X;
(b) the repayment of the previous loans raised for such capital works.
(4) Any moneys of the said Fund, not used or not immediately to be used in
accordance with the last preceding sub-section, shall be invested by the
1
Commissioner, on behalf of the Corporation with the sanction of the [Standing
Committee], in such manner as he deems fit and proper.
Constitution of 119B. (1) The Corporation shall establish and set apart separate fund to
the Water and
Sewage Fund.
be called the Water and Sewage Fund.
(2) All moneys received by or on behalf of the Corporation under clause (a)
or (b) of section 140 or under section 169 to 172 (both inclusive) or any other
moneys received for the purposes of Chapters IX and X shall be credited to
the Water and Sewage Fund.
(3) All moneys payable to the credit of the said Fund shall be received by
the Commissioner and forthwith paid by him into the Bank or Banks approved
by the 2[Standing Committee] from time to time, in this behalf to the credit of
account which shall be style the Account of the Water and Sewage Fund :
Provided that, the Commissioner may, subject to any general or special
2
directions issued by the [Standing Committee], retain such balance in cash
as may be necessary for the purposes of Chapters IX and X.
(4) The moneys from time to time credited to the said Fund shall be applied
only in payment of all sums, charges and costs necessary for the purposes of
carrying into effect the provisions of Chapters IX and X.
(5) Surplus money at the credit of the said Fund, which cannot immediately
or at an early date be applied as provided in the last preceding sub-section
may, from time to time, be deposited by the Commissioner at interest in the
Bank or Banks approved by the 2[Standing Committee] or be invested in public
securities.
(6) All such deposit and investments shall be made by the Commissioner
on behalf of the Corporation with the sanction of the 2[Standing Committee],
and with the like sanction, the Commissioner may at any time withdraw any
deposits so made or dispose of any securities and redeposit or reinvest the
moneys so withdrawn or the proceeds of the disposal of the securities ; but
no order for making any such deposits or investment or withdrawal or disposal
shall have any validity, unless the same be in writing signed by two persons
in the manner specified in sub-section (1) of section 113 for signing cheques.
(7) The loss, if any, arising from any such deposits or investment shall be
debited to ‘the Water and Sewage Fund’].
3 4
Constitution of [120. Fines collected under [section 83] shall be credited to a separate
Fine Fund.
fund to be called “the Fine Fund” the proceeds of which shall be expended in
promoting the well-being of municipal officers and servants other than those
appointed under the provisions of Chapter XVIA of this Act, and for the
payment of compassionate allowances to the widows of such officers and
servants who die while in municipal service and to such other relation of the
officers and servants as the corporation may from time to time determine.

1
These words were substituted for the words “Mayor-inCouncil” by Mah. 27 of 1999, s. 50.
2
These words were substituted for the words “Mayor-inCouncil” by Mah. 27 of 1999, s. 51.
3
Sections 120 and 120A were added by Bom. 48 of 1948, s. 24.
4
This word and figures were substituted for the word and figures “section 82”
by Mah. 10 of 1998, s. 65.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 153

120A. Amounts transferred to the municipal fund under the provisions of Constitution of
Welfare Fund.
clause (c) of sub-section (1) of section 460LL shall be credited to a special
fund to be called " the Welfare Fund " and shall be expended in providing
such benefits and amenities to municipal officers and servants, including
those appointed under the provisions of Chapter XVI-A of this Act and to
such members of their families and their dependants as the corporation may
from time to time determine.]

121. With the 1[previous] approval of the corporation, any 2* * * portion of Special funds
may be
the municipal fund may, 2*** from time to time, be credited to a separate heading created with
in the municipal accounts, provided that there shall be credited and debited the approval
of the
to such special heading such sums only as shall expressly relate to the objects Corporation.
for which a special fund is so created.

Disposal of Balances.

[122. (1) Surplus moneys at the credit of the municipal fund which cannot
3
Investment of
surplus money.
immediately or at an early date be applied to the purposes of this Act or of
any loan raised thereunder may be, from time to time, deposited at interest
in 4[a Nationalised Bank] 5[or deposited with the State Government or with
any statutory corporation approved by the State Government] or be invested
in public securities 6[or in bonds or debentures of the Central Government,
State Government, Government undertakings, Government Financial
Institutions or Unit Trust of India].

(2) All such surplus moneys which it is necessary to keep readily available
for application to such purposes and all such surplus moneys which cannot
in the opinion of the Municipal Commissioner, concurred in by the 7[Standing
Committee], be favourably deposited or invested as aforesaid, may be
deposited at interest at any bank or banks in the city of Bombay which the
7
[Standing Committee] may, subject to the control of the corporation, from
time to time, select for the purpose.

(3) All such deposits and investments shall be made by the Commissioner
on behalf of the corporation, with the sanction of the 7[Standing Committee],
and, with the like sanction, the Commissioner may at any time withdraw any
deposit so made or dispose of any securities and re-deposit, or re-invest the
money so withdrawn, or the proceeds of the disposal of such securities; but
no order for making any deposit or investment, withdrawal or disposal under
this section shall have any validity unless the same be in writing, signed 8[by
two persons] in the manner specified in sub-section (1) of section 113, for
signing of cheques.

1
The word “ previous ” was inserted by Bom. 19 of 1936, s. 9.
2
Portion repealed by Bom. 3 of 1907, s. 19.
3
This section was substituted for the original section 122 by Bom. I of 1894, s. 5.
4
These words were substituted for the words “ the Bank of Bombay ” by Mah. 10 of 1998, s. 66(a).
5
These words were inserted by Mah. 7 of 1986, s. 2.
6
These words were added by Mah. 32 of 2011, s. 13.
7
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 52.
8
These words were substituted for the words “ by three persons ” by Mah. 10 of 1998, s. 66(c)(ii).
 ( L-1) H 4094 (133-180)
154 Mumbai Municipal Corporation Act [1888 : Bom. III

(4) The loss, if any, arising from any such deposit or investment shall be
debited to the municipal fund.]

Accounts.
Accounts to be 123. [Subject to the provisions of Chapter XVI-A of this Act] accounts
1

kept in forms
prescribed by
of the receipts and expenditure of the corporation shall be kept in such
2
[Standing manner and in such forms as the 2[Standing Committee] shall from time to
Committee].
time prescribe :
[Provided that, the accounts of the Water and Sewage Fund and the
3

Consolidated Water Supply and Sewage Disposal Loan Fund shall be

maintained on the accrual basis, unless otherwise prescribed by the 2[Standing
Committee].
Separate pro- [123A. (1) There shall be kept by the Commissioner under a separate
4
forma accounts
to be kept by heading in the municipal accounts, accounts of all the property vested or
the vesting in the corporation and of all receipts and expenditure of the
Commissioner.
corporation on accounts of the transfer to them of the powers, duties, assets
and liabilities of the Board of Trustees constituted under the City of Bombay
Improvement Trust Transfer Act, 1925, 5[and of all property acquired by, and Bom. XVI
of 1925.
of all receipts and expenditure of, the Corporation for any of the purposes of
Chapter XII-A].
(2) Such accounts shall be maintained so far as may be, in such manner
and in such forms as the 6[Standing Committee] shall from time to time
prescribe in accordance with the rules contained in Schedule BB.
(3) The Commissioner shall publish such accounts in the 7[Offlcial Gazette]
every 8*year.]
123B. [Separate pro-forma accounts in respect of the suburbs to be kept.]
Deleted by Mah. 1 of 1964, s. 4.
123BB. [Provisions of section 231-B to apply mutatis mutandis in respect
of extended suburbs.] Deleted by Mah. 1 of'1964, s. 4.
Accounts in [123C. (1) There shall be kept by the Commissioner under a separate
9
respect of
primary heading in the municipal accounts, accounts of all receipts and expenditure
education. of the corporation for, or in connection with, the purposes of clause (q) of
section 61.
(2) Such accounts shall be maintained so far as may be, in such manner and
in such forms as the 10[Education Committee] shall from time to time
prescribe in accordance with the rules contained in Schedule BBA].

1
This portion was inserted by Bom. 48 of 1948, s. 25.
2
These words were substituted for the words “ Mayor-in-Council “ by Mah. 27 of 1999, s. 53.
3
This proviso was added by Mah. 34 of 1973, s. 10.
4
New section 123A was inserted by Bom. 13 of 1933, s. 30.
5
These words were added by Bom. 34 of 1954, s. 6.
6
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 54.
7
The words “ Official Gazette ” were substituted for the words “ Bombay Government Gazette “, by
the Adaptation of Indian Laws Order in Council.
8
The word “ half ” was omitted by Bom. 5 of 1938, s. 17.
9
Section 123C was inserted by Bom. 48 of 1950, s. 54.
10
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 55.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 155

124. (1) [ [The Commissioner] shall, as soon as may be, after each first day
1 2
Preparation of
3 annual
of April but not later than [thirty-first day of July]]have prepared a detailed administration
report of the municipal administration of 4[Brihan Mumbai] 5[other than the report and
6
administration of the [Brihan Mumbai Electric Supply and Transport statement of
accounts.
Undertaking]] during the previous official year, together with a statement
showing the amounts of the receipts and disbursement respectively credited
and debited to the municipal fund during the said year and the balance at the
credit of the fund at the close of the said year.
7
[(2) The Commissioner shall incorporate with his said report and statement-
(a) a report for the same period from each head of a department
subordinate to him;
(b) the account of balance due on loans then last published under section
105 ;
and shall cause the same to be printed.
(3) After examination and review of the said printed report and statement
by the Standing Committee, there shall be added to the compilation printed
copies of such of the appendices attached to the reports of the several heads of
departments, if any, as the Standing Committee direct and a printed copy of
the Standing Committee’s review ; and a copy of the complete compilation shall
be forwarded to the usual or last known local place of abode of each Councillor
at least eight days previous to the ordinary meeting of the Corporation in the
next following month of January and copies thereof shall be delivered to any
person requiring the same, on payment of such reasonable fee for each copy as
the Commissioner, with the previous approval of the Standing Committee, shall
determine.]
Annual Budget Estimate
8 9 10
[125. [The Commissioner] shall on or before each [fifth day of February,] Estimate of
11 expenditure
have prepared and lay before [the Standing Committee, in such form as the and income to
said Committee] shall from time to time approve,— be prepared
annually by
(1) (a) an estimate of the expenditure which must or should, in his opinion be the
incurred by the corporation in the next ensuing Official Year, other than— 14
[Commissioner]
12
* * * * * *
(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
Bom. of Bombay constituted under the City of Bombay Improvement Trust Transfer
XVI of Act, 1925 13[or for any of the purposes of Chapter XII-A]; and
1925.

1
These words were substituted for the words “ The Commissioner shall, as soon as may be, after
each first day of April ” by Mah. 10 of 1998, s. 70(a).
2
These words were substituted for the words “ The Member-in-charge ” by Mah. 27 of 1999, s. 56(a).
3
These words were substituted for the words “ thirtieth day of November ” by Mah. 14 of 2008, s. 2.
4
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2
Schedule.
5
These words were inserted by Bom. 48 of 1948, s. 26.
6
These words were substituted for the “ Bombay Electric Supply and Transport Undertaking ” by Mah. 25
of 1996, Schedule.
7
Sub-sections (2) and (3) were substituted by Mah. 27 of 1999, s. 56(b).
8
Section 125 was substituted for the original by Bom. 13 of 1933, s. 31.
9
These words were substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 57(a).
10
These words were substituted for the words “ first day of March” by Mah. 21 of 1939, s. 21.
11
These words were substituted for the words “ the Mayor-in-Council, in such form as the said Council” by
Mah. 27 of 1999, s. 57(b).
12
Paragraph (i) was deleted by Mah. 1 of 1964, s. 5 (a) (i).
13
These words were inserted by Bom. 34 of 1954, s. 7(1).
14
This word were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 57(c).
 ( L-1) H 4094 (133-180)
156 Mumbai Municipal Corporation Act [1888 : Bom. III
1
(iii) expenditure to be incurred on account of the [Brihan Mumbai Electric
Supply and Transport Undertaking];
2
[(iv) expenditure to be incurred for the purposes of clause (q) of section 61;]
3
[(v) expenditure to be incurred for the purposes of Chapters IX and X;]
(b) an estimate of the balances, if any (other than balances) shown in the
4 5 6
[accounts maintained under sections [123A * * and 123C] ] 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 other than from taxation 7[and from the 8[Brihan Mumbai Electric
9
Supply and Transport Undertaking] and other than that referred to * * *
10 11
in clause (c) of sub-section (2) [and in clause (d) of section 126C] [and in section
126E];
12
[(cc) an estimate of the amount 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 ;
13
* * * * * *
(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
14
Improvement Trust Transfer Act, 1925 [or for any of the purposes of Chapter Bom. XVI
of 1925.
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
15
Municipal (Amendment) Act, 1933 [or acquired by the Corporation for any Bom. XIII
of 1933.
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;

1
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking ” by Mah. 25 of
1996, s. 2 Schedule.
2
Sub-clause (iv) was inserted by Bom. 48 of 1950, s. 55(1).
3
Sub-clause (v) was inserted by Mah. 34 of 1973, s. 11(a).
4
This portion was substituted for the portion “account maintained under section 123A”
by Bom. 7 of 1950, s. 15 (1) (b).
5
These figures, word and letters were substituted for the figures, word and letters “123A and 123B” by Bom. 48 of
1950, s. 55 (2).
6
The figures and letters “123-B, 123-BB” were deleted by Mah. 1 of 1964, s. 5 (a)(ii).
7
These words were inserted by Bom. 48 of 1948, s. 27.
8
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of
1996,s. 2 Schedule.
9
The portion “ in clause (c) of sub-section (1A) and ” was deleted by Mah. 1 of 1964, s. 5 (a)(iii).
10
This portion was inserted by Bom. 48 of 1950, s. 55(5).
11
This portion was inserted by Mah. 34 of 1973, s. 11 (b).
12
This clause was inserted by Bom. 48 of 1948, s. 27.
13
Clause (1A) was deleted by Mah. 1 of 1964, s. 5 (b).
14
These words, figures and letter were inserted by Bom. 34 of 1954, s. 7 (2)(a).
15
These words, figures and letter were inserted, by Bom. 34 of 1954, s. 7 (2)(b).
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 157

(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;
1
* * * * * *
2
[Provided further that, with effect from the financial year 1974-75, this sub-
clause shall have effect as if for the words “ three-times ” the word
“twice” was substituted ;]
3
[(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 powers
and duties conferred or imposed upon the Corporation by Chapter XII-A
including grants from the the State Government.]
4
[125A. The expenditure side of a budget estimate shall be classified under Classification
of budget
major heads, minor heads, subordinate heads and primary units— heads.
(a) “ Major head ” means the principal head of accounts corresponding to
the different services under which expenditure is classified in the budget
estimate and may be divided into two or more minor heads ;
(b) “ Minor head ” means the head of accounts immediately subordinate to
a major head under which each major head is classified, and may be further
sub-divided into two or more subordinate heads ;
(c) “ Subordinate head ” means the head of accounts immediately
subordinate to a minor head under which each minor head is classified and
may be further sub-divided into two or more primary units ;
(d) “ Primary unit” means the ultimate group or groups into which
individual items of expenditure in the budget estimates are arranged.]
5 6
[126. (1) The [Standing Committee] shall, on or as soon as may be after Budget
7
each] [fifth day of February] consider the estimates and proposal of estimates to be
prepared by
the8[Commissioner] and after having obtained from the 8[Commissioner] such the 15[Standing
further detailed information, if any as they shall think fit to require, and having Committee].
regard to all the requirements of this Act, shall frame therefrom subject to such
9
modifications and additions therein or thereto as they shall think fit, [two
budget estimates] as follows :—
10
[(a) Budget Estimate “ A”—-of the income and expenditure other than—
11
* * * * * *
(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
Bom. XVI Board of Trustees for the Improvement of the City of Bombay constituted under
of 1925.
the City of Bombay Improvement Trust Transfer Act, 1925 12[or for any of the
13
other purposes of Chapter XX-A]; * *
14
(iii) income and expenditure in respect of the [Brihan Mumbai Electric
Supply and Transport Undertaking ;]
1
This proviso was deleted by Mah. 10 of 1998, s. 71 (c).
2
This proviso was deemed always to have been added with effect from 1st day of April 1974 by Mah. 70 of
1975, s. 7(b).
3
Sub-clause (e) was substituted for the original by Bom. 34 of 1953, s. 7 (2) (c).
4
This section was inserted by Bom. 5 of 1938., s. 18.
5
Section 126 was substituted for the original section by Bom. 13 of 1933, s. 32.
6
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s. 58 (a).
7
These words were substituted for the words “ first day of March ” by Mah. 21 of 1989, s. 22 (a).
8
This word was substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 58 (b).
9
These words were substituted for the words “ for budget estimates ” by Mah. 1 of 1964, s. 6(a)(i).
10
Clause (a) was substituted for the original by Bom. 7 of 1950, s, 16(1) (b).
11
Sub-clause (i) was deleted by Mah. 1 of 1964, s. 6(a) (ii).
12
These words were inserted by Bom. 34 of 1954, s. 8(1).
13
The word “and” was deleted by Bom. 48 of 1950, s. 56(1).
14
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2 Schedule.
15
These words were substituted for the words “Member-in-charge ” by Mah. 27 of 1999, s. 58 (b).
H 4094—25
 ( L-1) H 4094 (133-180)
158 Mumbai Municipal Corporation Act [1888 : Bom. III
l
[(iv) income and expenditure for, or in connection with, the purposes of
clause (q) of section 61;]
2
[(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
3
to the corporation of the said powers, duties, assets and liabilities [or for
any of the other purposes of Chapter XII-A] ;
4
* * * * * *
5
(2) In budget estimate “ A” the [Standing Committee] shall—
(a) propose with reference to the provisions of Chapter VIII, the levy of
6
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 Bom.
XIII of
(Amendment) Act, 1933, would not have been liable and (ii) for which the 1933.
corporation may be liable, in carrying out the duties imposed upon them
by clause (i) of section 61 7[and (iii) for which the corporation may be liable
by reason of the acquisition, extension, administration, operation and
maintenance of the 8[Brihan Mumbai Electric Supply and Transport
Undertaking ] ; ]
9
* * * * * *
10
[(v) for which the corporation may be liable by reason of the construction of
school buildings ;]
(c) allow for an appropriation to budget estimates “ B ” of the sum estimated,
revised as they shall think proper, under clause ( d) of
sub-section (2) of section 125 ;
11
* * * * * * *
12
[(c-2) allow for appropriation to budget estimate “ E ” of the sum estimated
13
revised as they shall think proper, under clause (c) of section 126C [and
such additional sum estimated under clause (c-1) 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.
5
(3) In budget estimate “B” the [Standing Committee] shall, if necessary,
make proposals to meet any deficit in such budget estimate by borrowing :
5
Provided that the [Standing Committee] shall not make any proposal to
borrow for that purpose a sum of more than twenty lakhs of rupees.
14
* * * * * * *
1
Paragraph (iv) was inserted by Bom. 48 of 1950, s. 56 (1).
2
Paragraph (v) was inserted by Mah. 34 of 1973, s. 12.
3
These words were inserted by Bom. 34 of 1954, s. 8 (2).
4
Clauses (b1) and (b2) were deleted by Mah. 1 of 1964, s. 6 (a) (iii).
5
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 58(a).
6
This word was substituted for the words “town duties” by Mah. 32 of 1964, s. 3.
7
This portion was added by Bom. 4 of 1948, s. 28.
8
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by
Mah. 25 of 1996, s. 2 Schedule.
9
Sub-clause (iv) was deleted by Mah. 1 of 1964, s. 6 (b) (i).
10
This portion was added by Bom. 48 of 1950, s. 56 (2).
11
Clause (c-1) was deleted by Mah. 1 of 1964, s. 6 (b)(ii).
12
Clause (c-2) was inserted by Bom. 48 of 1950, s. 56 (2).
13
This portion was added by Bom. 13 of 1958, s. 3.
14
Sub-sections (3A) and (3B) were deleted by Mah. 1 of 1964, s. 6 (c).
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 159

(4) The l[Commissioner] shall cause the budget estimates, finally approved
2 3
by the [Standing Committee], [to be printed or corrected, and shall not later
4
than the [first day of March], forward a printed or corrected copy] thereof to
the usual or last known local place of abode of each councillor.
5 6
[126A. [The General Manager shall, on or before each tenth day of Estimates of
expenditure
October have prepared and lay before the Brihan Mumbai Electric Supply and income of
the 7[Brihan
and Transport Committee, in such form as the Committee shall from time to Mumbai
Electric Supply
time, approve]— and Transport
Undertaking]
(a) an estimate, classified in accordance with section 125A, of the to be prepared
expenditure which must or should, in his opinion, be incurred by the annually by
8
[General
7
corporation in the next ensuing official year on account of the [Brihan Manager].
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 460LL ; and
(c) an estimate of the corporation’s receipts and income from the
7
[Brihan Mumbai Electric Supply and Transport Undertaking] for the next
ensuing official year.
126B. (1) 9[The Brihan Mumbai Electric Supply and Transport Committee] Budget
estimate to be
shall, on or as soon as may be after each tenth day of October, consider the prepared
10
9
[Brihan
estimates of [the General Manager and, after having obtained from the Mumbai
Electric Supply
General Manager] such further detailed information, if any, as it shall think and Trasport
fit to require, and having regard to all the requirements of this Act, shall frame Committee].

therefrom, subject to such modifications and additions therein or thereto as it

shall think fit, a budget estimate, to be called budget estimate “ C ”, of the income
and expenditure for the next official year to be received and incurred in respect
7
of the [Brihan Mumbai Electric Supply and Transport Undertaking].
(2) In budget estimate “ C ”, 11[the Committee] shall—
12
IV of [(i-a) propose, subject to the provisions of the Motor Vehicles Act, 1939,
1939.
LIV of the Electricity (Supply) Act, 1948, and any other enactment for the time being
1948.
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

1
This word was substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58.
2
These words were substituted for the words “Mayor-in-Council”, by Mah. 27 of 1999.
3
This portion was substituted for the portion beginning with “ to be printed ” and ending with “ a printed copy ” by
Mah. 70 of 1975, s. 8(b).
4
These words were substituted for the words “ fifteenth day of March ” by Mah. 21 of 1989, s. 22 (b).
5
Sections 126A and 126B were inserted by Bom. 48 of 1948, s. 29.
6
These words were substituted for the portion beginning with the words “The Member-in-charge shall ” and ending with
the words “ time to time approve ” by Mah. 27 of 1999, s. 59 (a).
7
These words wore substituted for the words “ Bombay Electric Supply and Transport Undertaking” by Mah. 25 of
1996, s. 2 Schedule.
8
These words were substituted for the words “ Member-in-Charge” by Mah. 27 of 1999,
s. 59 (b).
9
These words were substituted for tho words “Member-in-charge” by Mah. 27 of 1999, s. 60 (a) (i).
10
These words were substituted for the words “Member-in-charge” of the Brihan Mumbai Electric Supply and Trans-
port Undertaking and after having obtained from the said Member-in-charge” by Mah. 27 of 1999, s. 60 (a)(ii).
11
These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 60(b).
12
Clause (i-a) was inserted by Mah. 32 of 1966, s. 3.
*
Now see the Motor Vehicles Act, 1988 (59 of 1988).

H 4094—25a
 ( L-1) H 4094 (133-180)
160 Mumbai Municipal Corporation Act [1888 : Bom. III
1
energy, by the [Brihan Mumbai Electric Supply and Transport Undertaking]
2
at such rates as would in the opinion of [the Member-in-charge] bring in
adequate 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
installments 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 1[Brihan Mumbai 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 not less than one
lakh of rupees.
3
[(3) The General Manager shall lay budget estimate ‘ C ’ as framed by the
Brihan Mumbai Electric Supply and Transport Committee before the Standing
Committee on or before each first day of December and the Standing Committee
shall prepare a report to the Corporation thereon, incorporating the remarks
and recommendations, if any, of the Standing Committee.
(4) The Municipal Secretary shall cause budget estimate ‘ C ’ and the report
of the Standing Committee thereon to be printed and shall, not later than the
31st day of December, forward a printed copy thereof to the usual or last known
local place of abode of each councillor.]
4
Estimates of
expenditure
[126C. 5[The Commissioner] shall on or before each 6[fifth day of February]
7
and receipts of have prepared and lay before [the Education Committee in such form as the
primary
education. Committee] shall from time to time approve,—
(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 time 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 current financial year ;
8
[(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 9[clauses
(c) and (c-1)].
1
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by
Mah. 25 of 1996, s. 2 Schedule.
2
These words were substituted for the words “the Committee” by Mah. 10 of 1998, s. 74(b).
3
Sub-sections (3) and (4) were inserted by Mah. 27 of 1999, s. 60 (c).
4
Sections 126C and 126D were inserted by Bom. 48 of 1950, s. 57.
5
These words were substituted for the words “ the Member-in-charge ” by Mah. 27 of 1999,
s. 61(a).
6
These words were substituted for the words “first day of March” by Mah. 21 of 1989, s. 23.
7
These words were substituted for the words “ the Mayor-in-Council in such form as the Council” by Mah.
27 of 1999, s. 61(b).
8
This clause was inserted by Bom. 13 of 1958, s. 4(1).
9
These words, brackets, letters and figure were substituted for the words “ the preceding clause” by Bom.
13 of 1958, s. 4(2).
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 161

126D. (1) The l[Education Committee] shall on or as soon as may be after Budget
2 3 estimate “E” to
each [fifth day of February] consider the estimates of [the Commissioner] and be prepared by
after having obtained 4[from the Commissioner] such further information, if any, [Educational
1

Committee].
as they shall think fit to require and having regard to all the requirements of
this Act, shall frame therefrom, subject to such modifications and additions
therein or thereto as they think fit, a budget estimate to be called budget estimate
“ E ” of the income and expenditure to be received and incurred for purposes of
clause (q) of section 61.
(2) In budget estimate “ E ”, 5[the Education Committee], shall—
(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.
6
[(3) The Education Committee shall forward the budget estimate ‘ E ‘ as
framed by them to the Standing Committee on or before each first day of March
and the Standing Committee shall prepare a report to the Corporation thereon
incorporating the remarks and recommendations, if any, of the Standing
Committee.]
(4) 7[The Municipal Secretary shall forward a printed or corrected copy of
budget estimate ‘ E ’ together with the report of the Standing Committee
thereon] to the usual or last known local place of abode of each Councillor in
time for the meeting of the Corporation mentioned in section 127].
8
[126E. 9[The Commissioner] shall on or before l0[fifth day of February] have Estimate
expenditure
prepared and lay before 11[the Standing Committee in such form as the and receipts
Committee] shall from time to time approve,-— for the
purposes of
(a) an estimate, classified in accordance with section 125A, of the expenditure Chapters IX
which must or should, in his opinion, be incurred by the Corporation in the next and X.
official year for the purposes of Chapters IX and X;
(b) an estimate of all balance, 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.
126F. (1) The 12[Standing Committee] shall on or as soon as may be after Budget
Estimate “G”
the 13[fifth day of February,] consider the said estimates of 14[the Commissioner]. to be prepared
After having obtained from 14[the Commissioner] such further information if by 12[Standing
Committee].
any as it shall think fit to seek, and having regard to all the requirements of
this Act, 12[Standing Committee] shall frame therefrom, subject to such
modification and additions therein or theretoas it thinks fit a budget estimate
to be called budget estimate “ G ” of the income and expenditure for the next
year to be received and incurred for the purposes of Chapters IX and X.
1
These words wore substituted for the wards “ the Mayor-in-Council” by Mah. 27 of 1999, s. 62 (a)(i).
2
These words were substituted for the words “ first day of March ” by Mah. 21 of 1989, 24(a).
3
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, 62(a)(ii).
4
These words were substituted for the words “from him”, by Mah. 27 of 1999, s. 62 (a)(iii).
5
These words were substituted for the words “The Mayor-in-Council” by Mah. 27 of 1999, s. 62(b).
6
Sub-section (3) was inserted by Mah. 27 of 1990, s. 62(c).
7
These words were substituted for the words “The Member-in-charge shall forward in printed or corrected
copy of budget estimate “ E ” ” by Mah. 27 of 1999, s. 62(d).
8
Sections 126E and 126F were inserted by Mah. 34 of 1973, s. 13.
9
These words were substituted for the words “The Member-in-charge” by Mah. 27 of 1999, s. 63(a).
10
These words substituted for the words “ first day of March ” by Mah. 21 of 1989, s, 25.
11
These words were substituted for the words “the Mayor-in-Council in such form as the Council” by
Mah. 27 of 1999, s. 63(b).
12
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s. 64 (a) (i).
13
These words were substituted for the words “ first day of March” by Mah. 21 of 1989, s. 26(a).
14
These words were substituted for the words “ Member-in-Charge” by Mah. 27 of 1999, s. 64 (a) (ii).
 ( L-1) H 4094 (133-180)
162 Mumbai Municipal Corporation Act [1888 : Bom. III
l
(2) In budget estimate “G” [the Committee] shall propose the levy of water
tax, water benefit tax, sewerage tax and sewerage benefit tax (in place of former
1
water and haalkhor taxes) at such rates, as would in the opinion of [the
Committee] bring in a adequate revenue for meeting the expenditure and all
other obligation or which the Corporation may be liable for the purposes of
Chapters IX and X.
2
(3) The [Municipal Secretary] shall cause the budget estimate “G” as finally
3 4
approved by [the Standing Committee] [to be printed or corrected and shall,
5
not later than the [first day of March] forward a printed or corrected copy]
thereof to the usual or last known local place of abode of each Councillor.]
Report on 6
[126G. (1) Notwithstanding anything contained in this Chapter 7[the
services
provided in a Commissioner or as the case may be, the General Manager shall while
subsidised
manner. submitting the budget estimates to the Standing Committee or the Brihan
Mumbai Electric Supply and Transport Committee] append thereto a report
indicating whether the following services are being provided in a subsidised
manner and, if so, the extent of subsidy, the source from which the subsidy was
met and the sections or categories of the local population who were the
beneficiaries of such supply, namely :—
(a) water supply and disposal of sewerage,
(b) scavenging, transporting and disposal of wastes,
(c) municipal transport, and
(d) street lighting.
Explanation.—A service shall be construed as being provided in a subsidised
manner if its total cost, comprising the expenditure on operations and
maintenance and adequate provision for-depreciation of assets and for debt
servicing, exceeds the income relatable to the rendering of that service.
8
[(2) The Standing Committee or, as the case may be the Brihan Mumbai
Electric Supply and Transport Committee, shall examine the report and place
it before the Corporation, with its recommendations, if any] ].
Consideration 127. [(1) At a meeting of the Corporation which shall be called for some
9
of budget 10 11 12
estimates by day [ in March], [not later than the tenth] [Budget Estimates ‘ A ’,
Corporation.
‘ B ’ and ‘ C ’ prepared by the Standing Committee as also the Budget Estimates
‘ E ’ prepared by the Education Committee with the report of the Standing
Committee thereon] shall be laid before the Corporation and they shall proceed
to consider the same.
9
[(2) At meeting of the Corporation which shall be called for some day in
13
January not later than the tenth the budget estimate ‘ C ’ prepared by the [the
Brihan Mumbai Electric Supply and Transport Committee with the report of
the Standing Committee thereon] shall be laid before the Corporation and they
shall proceed to consider the same.] ]

1
These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 64.(b).
2
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 64 (c) (i).
3
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 64 (c) (ii).
4
This portion was substituted for the portion begining with “to be printed ” and ending with “printed copy” by Mah. 70 of 1975,
s.12(b).
5
These words were substituted for the words “ fifteen day of March ” by Mah. 21 of 1989, s. 26(b).
6
This section was inserted by Mah. 41 of 1994, s. 40.
7
These words were substituted for the words “ the Member-in-charge shall, while submitting the budget estimate to the Mayor-
in-Council” by Mah. 27 of 1999, s. 65 (a).
8
Sub-section (2) was substituted, ibid., 65 (b).
9
Section 127 was renumbered as sub-section (1) and sub-section (2) was inserted by Mah. 70 of 1975, s. 13 (1).
10
These words were substituted for the words “ in January, not later than the tenth”, by Mah. 70 of 1975,s.13(2).
11
These words were substituted for the words “ first later than the twentieth ” by Mah. 21 1989, s. 29.
12
These words were substituted by Mah. 27 of 1999, s. 66 (a).
13
These words were substituted, by Mah. 27 of 1999, s. 66 (b).
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 163
Fixing rates
[128. (1) The Corporation shall, on or before the 2[twentieth day of March]
1
of municipal
after considering the 3[Standing Committee’s] proposals in this behalf,— taxes and of
fares and
charges of
(a) determine, subject to the limitations and conditions prescribed in 6
[Brihan
Mumbai
Chapter VIII, the rates at which municipal taxes shall be levied, and the Electric
articles on which octroi shall be levied, in the next ensuing 4[official year :] Supply and
Transport
Undertaking].
[Provided that, the Corporation may determine different rates of
5

property taxes for different categories of users of a building or land or

part thereof ; and]

(b) approve, subject to the limitations and conditions which may have
been prescribed by or under any of the enactments or any licence referred
to in clause (i-a) of sub-section (2) of section 126B, the rates at which the
fares and charges in respect of the 6[Brihan Mumbai Electric Supply and
Transport Undertaking] shall be levied.

(2) Except under sections 134,196, 460H and 460I, the rates so fixed and
the articles so appointed shall not be subsequently altered for the year for
which they have been fixed.]
7
[(3) Notwithstanding anything contained in sub-sections (1) and (2), the
Corporation may, 8[at any time during the official years 2010-2011, 2011-2012
and 2012-2013] determine, separately for each of the said 9[three years], the
rates of property taxes for different categories of users of a building or land
or part thereof. The rates of property taxes so determined shall be effective
and shall be deemed to have been effective from the 1st of April of those
9
[three years] and the taxes for the said 9[three years] shall be leviable and
payable at the rates so determined.]

[129. Subject to the requirements of sub-section (1) of section 128, the

10 Final adoption
of Budget
Corporation may refer 11[Budget Estimate ‘ A’ or Budget Estimate ‘B’ or estimates.
Budget Estimate ‘E’ or all or any of those estimates back to the Standing
Committee and Budget Estimate ‘C’ back to the Brihan Mumbai Electric
Supply and Transport Committee and Budget Estimate ‘E’ back to the
Education Committee] for further consideration, or adopt the budget
estimate, or any revised budget estimates submitted to them as they stand
or subject to such alteration as they deem expedient :

1
Section 128 was substituted for the original by Mah. 32 of 1966, s. 4.
2
These words were substituted for the words “twenty fifth day of March” by Mah. 21 of 1989, s. 21.
3
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 67.
4
These words were substituted for the words “ official year ; and ” by Mah. 27 of 2010, s. 2(1)(a).
5
This proviso was added, by Mah. 17 of 2010, s. 2 (1)(b).
6
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s. 2 Schedule.
7
Sub-section (3) was substituted by Mah. 11 of 2011, s. 2.
8
These words and figures were substituted for the words and figures “ at any time during the financial
years 2010-2011, 2011-2012 and 2012-2013 ” by Mah. 6 of 2012, s. 2(i).
9
These words and figures were substituted for the words “ two years ”by Mah. 6 of 2012, s. 2(ii).
10
This section was subtituted for the original by Bom. 48 of 1948, s.31.
11
This portion was subtituted by Mah. 27 of 1999, s. 68.
 ( L-1) H 4094 (133-180)
164 Mumbai Municipal Corporation Act [1888 : Bom. III

Provided that the budget estimates finally adopted by the corporation shall
fully provide for each of the matters specified in clauses (b), (c) and (d) of sub-
section (2) 1[of section 126] and for each of the matters specified in sub-section
(3) of section 126B 2[ and clauses (a) and (b) of sub-section (2) of section 126D]
3
[and sub-section (2) of section 126F], as the case may be.]
Estimates of [129A. Notwithstanding anything contained in this Act, if for any reason
4
expenditure
and income the corporation has not finally adopted the budget estimates before the
deemed to be
budget
commencement of the official year to which they relate, the statement of
estimates. expenditure and income prepared by the Commissioner under section 125
5
[and estimate prepared by the General Manager under section 126A] shall
be deemed to be the budget estimates for the year until the corporation duly
adopts the budget estimates as per the provisions of this Act.]
Budget grant [130. The total sum entered under a major head on the expenditure side,
6
defined.
which has been adopted by the Corporation, shall be termed as
“ budget grant”.]
Corporation 131. 7[(1) On the recommendation of the 8[Standing Committee in case of
may increase
amount of expenditure from the municipal fund for purposes other than clause (q) of
budget grants section 61 and the Brihan Mumbai Electric Supply and Transport Committee
and make
additional in case of expenditure from the 9[Brihan Mumbai Electric Supply and
grants. Transport Fund] the Corporation may] from time to time during an official
year increase the amount of any budget grant, or make an additional budget
grant for the purpose of meeting any special or unforeseen requirement
arising during the said year, but not so that the estimated cash balance at
the close of the year shall be reduced below one lakh of rupees in the case of
either the municipal fund or the 9[Brihan Mumbai Electric Supply and
Transport Fund :]
10
* * * * *
[ [Provided that], in the case of expenditure from municipal fund for
11 12

purposes of clause (q) of section 61, the estimated cash balance at the close of
the year in the budget estimate ‘E’ shall not be reduced below twenty thousand
rupees.]
(2) Such increased or additional budget grants shall be deemed to be
included in the 13[budget estimates] adopted by the Corporation for the year
in which they are made.

1
These words and figures were substituted for the portion begining with “ and clauses (a) and (b) of
sub-section (3A)” and ending with “said section 126 ” by Mah. 1 of 1964, s. 8 (b).
2
This portion was inserted by Bom. 48 of 1950, s. 59 (2).
3
This portion was inserted by Mah. 34 of 1973, s. 15 (b).
4
This section was added by Mah. 32 of 2011, s. 14.
5
These words, figures and letter were inserted by Mah. 6 of 2012, s. 3.
6
This section was substituted for the original by Bom. 5 of 1938, s. 19.
7
This sub-section was substituted for the original by Bom. 48 of 1948, s. 32.
8
This portion was substituted by Mah. 27 of 1999, s. 69.
9
These words were substituted for the words “Bombay Electric Supply and Transport Fund ” by Mah.
25 of 1996, s. 2 Schedule.
10
The first proviso was deleted by Mah. 1 of 1964, s. 9 (a).
11
This proviso was added by Bom. 48 of 1950, s. 60 (2).
12
These words were substituted for the words “ Provided further that ” by Mah. 21 of 1964, s. 9 (b).
13
The words “ budget estimates ” were substituted by Bom. 13 of 1933, s. 33.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 165

132. 1[If the whole budget grant or any portion thereof] remains unexpended Rules as to
unexpended
at the close of the year in the 2[budget estimates] for which such grant was budget grants.
included and if the amount thereof has not been taken into account in the
opening balance of the municipal fund 3[or the 4[Brihan Mumbai Electric
Supply and Transport Fund, as the case may be], entered in the 2[budget
estimates] of 5
[any of the next two following years],
6
[the Standing Committee or the Education Committee or the Brihan Mumbai
Electric Supply and Transport Committee, as the case may be] may sanction
the 7[expenditure of such budget grant or such unexpended portion thereof,
as the case may be, during the next two following years], for the completion,
according to the original intention or sanction, of the purpose or object for
which the budget grant was made, but not upon any other purpose or object.

[133. Reductions in, and transfers from a budget grant shall be made as
8
Reduction and
transfer.
under :—

(a) Subject to the provisions of sub-section (1) of section 131, on the

recommendations of 9[the Standing Committee] the Corporation may, from
time to time, during an official year, sanction the transfer of any amount
exceeding 10[twenty lakh] rupees from one budget grant to another budget
grant.

(b) The 9[Standing Committee] may at any time 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;
11
* * * * *

[(c) The Commissioner may, at any time during an official year sanction
12

the transfer of any amount not exceeding five thousand rupees within a
budget grant if such transfer does not involve a recurring liability:

Provided that, every transfer of an amount exceeding one thousand

rupees made under this clause shall be reported forthwith by the
Commissioner to the Standing Committee and the Committee may pass
with regard thereto such order as they may think fit, and it shall be
incumbent on the Commissioner to give effect to such order.]

1
These words were substituted for the original by Bom. 76 of 1948, s.17.
2
The words “Budget estimates” were substituted for the original by Bom. 13 of 1933, s.33.
3
These words were inserted by Bom. 43 of 1948, s.33.
4
These words were substituted for the words “Bombay Electric Supply and Transport Fund ” by Mah.
25 of 1996, s. 2 Schedule.
5
These words were substituted for the original by Bom. 76 of 1948, s.17.
6
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s.70.
7
These words were inserted by Bom. 48 of 1950, s.61.
8
Section 133 was substituted by Mah. 39 of 1961, s.10.
9
These words were substituted for the words “Mayor-in-Council ” by Mah. 27 of 1999, s. 71 (a).
10
These words were substituted for the words “ fifteen thousand ” by Mah. 10 of 1998, s. 85 (b).
11
This clause was deleted, ibid, s.85 (c).
12
This clause was substituted by Mah. 27 of 1999, s.71(b).

H 4094—26
 ( L-1) H 4094 (133-180)
166 Mumbai Municipal Corporation Act [1888 : Bom. III

(d) When making any transfer under clauses (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 (i) of clause (b) is

1
of an amount exceeding [five lakh rupees], the Corporation may pass with
regard thereto such order as they think fit ; and it shall be incumbent on
2
[the Standing Committee] and the Commissioner to give effect to such
order.
3
[(f) in case of expenditure for the purposes of clause (q) of section 61 the
u
provisions of this section shall apply as if for the words Standing
Commiittee ” the words “Education Committee” had been
substituted.]
4
[(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.]
5
Re-adjustment [134. (1) If it shall at any time during any official year appear to the
of income and 6
expenditure to Corporation, upon the representation of [the Standing Committee or the
be made by the
corporation Brihan Mumbai Electric Supply and Transport Committee, that
during course
of official year notwithstanding any reduction of budget grants that may have been made
whenever by the appropriate committee] under section 133, the income of the municipal
necessary.
fund or the 7[Brihan Mumbai Electric Supply and Transport Fund], as the
case may be, during the said year will not suffice to meet the expenditure
sanctioned in the budget estimates of the said year as so reduced and to
leave at the close of the year a cash balance of not less than one lakh of
7
rupees in the case of either the municipal fund or the [Brihan Mumbai
Electric Supply and Transport Fund], it shall be incumbent on the Corporation
to sanction forthwith any measure which shall be necessary for proportioning
the year income to the expenditure.
8
* * * * * *

(2) For this purpose the Corporation may diminish the sanctioned
expenditure of the year, so far as it may be possible so to do with due regard
to the provision of this Act or to the obligation pertaining to the
9
[Brihan Mumbai Electric Supply and Transport Undertaking, or have

1
These words were substituted for the words “five hundred rupees” by Mah. 10 of 1998, s. 85(e).
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 71(a).
3
Clause (f) was inserted by Mah. 27 of 1999, s. 71(c).
4
Clause (g) was substituted by Mah. 27 of 1999, s. 71(d).
5
This section was substituted for the original by Bom. 48 of 1948, s. 35.
6
This portion was substituted by Mah. 27 of 1999, s. 72.
7
These words were substituted for the words “ the Bombay Electric Supply and Transport Fund ” by Mah.
25 of 1996, s. 2, Schedule.
8
The proviso was deleted by Mah. 1 of 1994, s. 10.
9
These words wre substituted for the words “the Bombay Electric Supply and Transport Undertaking” by
Mah. 25 of 1996, s. 2, Schedule.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 167

recourse to supplementary taxation or a revision of fares and charges levied

in respect of the Bombay Electric Supply and Transport Undertaking], as
1
the case may be [or, with the previous sanction of the State Government and
subject to such terms and conditions (if any) as the Corporation may deem fit
to impose, transfer the whole or any portion of surplus cash balance from
any budget-estimate to any other budget-estimate as an additional grant to
make good any deficit which has arisen or is likely to arise in the latter
budget estimate, whether covered by a budget grant or not].

Scrutiny and Audit of Accounts

135. [(1) The Municipal Chief Auditor shall conduct the monthly
2
Monthly
scrutiny of
examination and audit of the municipal accounts and shall report thereon to accounts by
municipal chief
the Standing Committee who shall publish monthly an abstract of the receipts auditor and
scrutiny of
and expenditure of the month last preceding, signed by not less than two account by the
3
[Standing
members of the said Committee and by the Municipal Chief Auditor. The Committee.]
Standing Committee may also from time to time and for such period as they
think fit conduct independently an examination and audit of the Municipal
Accounts.]

(2) For these purposes 4[the Standing Committee] and the municipal chief
auditor shall have access to all the municipal accounts and to all records and
correspondence relating thereto, and the 5[Commissioner] shall forthwith
furnish to 4[the Standing Committee] or the municipal chief auditor any
explanation concerning receipts and disbursements which they may call for.

6
[136. The municipal chief auditor in addition to any other duties or powers Duties and
powers of the
imposed or conferred upon him under this Act shall perform the duties and municipal chief
auditor.
may exercise the powers specified in Schedule EE.

137. (1) The municipal chief auditor shall—

7
(a) report to [the Standing Committee] any material impropriety Report by the
municipal chief
or irregularity which he may at any time observe in the expenditure or in the auditor.
recovery of moneys due to the corporation or in the municipal accounts ;

1
These words were added by Mah. 32 of 1966, s. 5.
2
Sub-section (1) was substituted by Mah. 27 of 1999, s. 73 (a).
3
These words were substituted for the words “Municipal Account Committee” by Mah. 27 of 1999, s. 73 (c).
4
These words were substituted for the words “ Municipal Accounts Committee ” by Mah. 27 of 1999, s. 73(b) (i).
5
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s.73(b) (ii).
6
Sections 136 and 137 were substituted for the original by Bom. 2 of 1938, s. 7.
7
These words were substituted for the words “the Mayor-in-Council and the Municipal Accounts
Committee” by Mah. 27 of 1999, s. 74(a) (i) and (c).

H 4094—26a
 ( L-1) H 4094 (133-180)
168 Mumbai Municipal Corporation Act [1888 : Bom. III
1
(b) furnish to [the Standing Committee] such information as the said
committee shall from time to time require concerning the progress of the
audit.

(2) The 1[Standing Committee] shall cause to be laid before the corporation
every report made by the municipal chief auditor to the
1
[ Standing Committee] and every statement of the views of the
municipal chief auditor on any matter affecting the pursuance and exercise
of the duties and powers assigned to him under this Act which the municipal
1
chief auditor may require the [Standing Committee] to place before the
corporation, together with a report stating what orders have been passed by
the 1[Standing Committee] upon such report or statement, and the corporation
may take such action in regard to the matters aforesaid as the corporation
may deem necessary.

(3) As soon as may be after the commencement of each official year the
2
municipal chief auditor shall deliver to the [Standing Committee] a report
upon the whole of the municipal accounts for the previous official year.

(4) The 3[Commissioner] shall cause the said report to be printed and
forward a printed copy thereof alongwith the printed copy of the
Administration Report and Statement of Accounts which he is required by
sub-section (3) of section 124 to forward to each councillor.]

4
Application of [137A. Sections 135, 136 and 137 shall apply to the accounts of the
sections 135, 5
136 and 137 to [Brihan Mumbai Electric Supply and Transport Fund] as if—
accounts of the
5
[Brihan 6
Mumbai
[(i) for the words “ Standing Committee”, wherever they occur, the words
Electric Supply “Brihan Mumbai Electric Supply and Transport Committee” and for the word
and Transport
Fund.] “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 460NN ” had been substituted.]

1
These words were substituted for the words “the Municipal Accounts Committee” by Mah. 27 of 1999,
s. 74 (a) (ii) and (b).
2
These words were substituted for the words “the Mayor-in-Council and the Municipal Accounts
Committee” s. 74 by Mah. 27 of 1999, (c).
3
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 74(d).
4
This section was inserted by Bom. 4 of 1948, s. 36.
5
These words were substituted for the words “the Bombay Electric Supply and Transport Fund” by
Mah. 25 of 1996, s. 2 Schedule.
6
This clause was inserted by Mah. 27 of 1999, s. 75.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 169

138. 1[(1) The 2[State] Government may at any time appoint an auditor for A special audit
the purpose of making a special audit of the municipal accounts, including be directed by
2
[State]
the accounts of the 3[Brihan Mumbai Electric Supply and Transport Government.
Undertaking], and of reporting thereon to the 2[State] Government and the
costs of any such audit as determined by the 2[State] Government shall be
chargeable to the municipal fund or to the 3[Brihan Mumbai Electric Supply
and Transport Fund], as the case may be.]

(2) An auditor so appointed may exercise any power which 4[the municipal
chief auditor] may exercise.

CHAPTER VIII

MUNICIPAL TAXATION

Municipal Taxes defined

139. For the purpose of this Act, taxations shall be imposed as follows, Taxes to be
namely :— imposed under
this Act.

(1) property taxes ;

(2) a tax on 5[dogs];
[(3) a theatre tax ;]
6

[*
7
* *]; and
[(4) octroi:]
8

5
* * * * *

PROPERTY TAXES
9
[Property taxes leviable on rateable value or capital value]

[139A. (1) Property taxes leviable on buildings and lands in Brihan

10 Property Taxes
Mumbai under this Act shall include water tax, water benefit tax, sewerage what
to consist.
tax, sewerage benefit tax, general tax, education cess, street tax and
betterment charges.

(2) For the purposes of levy of property taxes, the expression “Building”
includes a flat, a gala, a unit or any portion of the Building.

(3) All or any of the property taxes may be imposed on a graduated scale.

(4) Save as otherwise provided in this Act, it shall be lawful for the
Corporation to levy all property taxes on the rateable value of buildings and
lands until the Corporation adopts levy of any or all the property taxes on
such buildings and lands on the capital value thereof under section 140A.]
1
This sub-section was substituted for the original by Bom. 48 of 1948, s. 37.
2
This word was substituted for the word “ Provincial ” by Adaption of Laws
Order, 1950.
3
These words were substituted for the words “ the Bombay Electric Supply and Transport Fund ” by
Mah. 25 of 1996, s. 2 Schedule.
4
These words were substituted for the words “ and auditor appointed by the Corporation ” by Bom. 2 of
1938, s. 8.
5
This word was substituted for the words “ Vehicles and Animals ” and proviso was deleted by Mah. 11
of 2002, s. 10.
6
This entry was inserted by Bom. 44 of 1950, s. 63.
7
The figure and words repealed by Bom. 7 of 1921, s. 4, are omitted and the repeal shall have effect from
1st April 1920.
8
This entry was substituted by Mah. 32 of 1964, s. 6.
9
This sub-title was substituted for the sub-title “ Property Taxes Leviable ” by Mah. 11 of 2009, s. 2.
10
Section 139A was inserted by Mah. 11 of 2009,, s. 3.
 ( L-1) H 4094 (133-180)
170 Mumbai Municipal Corporation Act [1888 : Bom. III
8
[Property 140. 1[(1) 2[The following property taxes shall be levied on building and
taxes leviable
on rateable lands in Brihan Mumbai, namely]:-
value, or
capital value,
as the case
[(a) (i) the water tax of so many per centum of their rateable value, 3[or
1

may be, and at their capital value, as the case may be,] as the 4[Standing Committee] may
what rate.]
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, 5[or their capital value, as
the case may be,] as the 4[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, 6
[or their capital value, as the case may be,] as the 4[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, 7 [or their capital value,
as the case may be,] as the 4[Standing Committee] may consider necessary
for meeting the whole or a part of the expenditure incurred or likely to be
incurred on capital work for making and improving facilities for the
collection, removal and disposal of human waste and other wastes and for
maintaining and operating such works ;]

General tax. (c) a general tax of not less than eight and not more than 9[fifty] per
centum of their rateable value, 10[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-eight and 10[not more than five per centum] of their rateable
value 11[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;

1
Section 140 was re-numbered as sub-section (1) and clauses (a) and (b) were substituted by Mah. 34 of
1973, s. 16(1).
2
These words were substituted for the portion beginning with the words “The
following” and ending with the word “ namely ” by Mah. 11 of 2009, s. 4(2)(a).
3
These words were inserted by Mah. 11 of 2009, s. 4 (2)(b).
4
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 76.
5
These words were inserted by Mah. 11 of 2009, s. 4 (2)(b).
6
These words were inserted by Mah. 11 of 2009, s. 4(2)(b).
7
These words were inserted by Mah. 11 of 2009, s. 4(2)(b).
8
This marginal note was substituted for the original, by Mah. 11 of 2009, s. 4 (1).
9
This word was substituted for the words “twenty-six” by Mah. 20 of 1995, s.2(a).
10
These words were inserted by Mah. 11 of 2009, s. 4(2)(c)(i).
11
These words were inserted, by Mah. 11 of 2009, s. 4(2)(c)(ii).
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 171
1
[(ca) the education cess leviable under section 195E ;] Education
cess.
2
[(cb) the street tax leviable under section 195G ;]
3
[(d) betterment charges leviable under Chapter XII-A.]
4
. * * * *

Mah. 5
[(2) Any reference in this Act or in any instrument to a water tax or a
Ord. III
of 1973.
halalkhor tax shall after the commencement of the Bombay Municipal
Corporation (Amendment) Ordinance, 1973, be construed as a reference to
the water tax or the water benefit tax or both or the sewerage tax or the
sewerage benefit tax, or both as the context may require;]
6
. * * * *
7
[140A. 8[(1)] Notwithstanding anything contained in section 140 or any Property taxes
other provision of this Act, the Corporation may pass a resolution to adopt to be levied on
capital value
levy of property tax on buildings and lands in Brihan Mumbai on the basis of and the rate
capital value of the buildings and lands on and from such date, and at such thereof.
rates, as the Corporation may determine in accordance with the provisions
of section 128 :

Provided that, for the period of five years from the date on and from which
such property tax is levied on capital value, the tax shall not exceed,—

(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,

the amount of the property tax leviable in respect thereof in the year
immediately preceding such date :
9
[Provided further that, where the property taxes levied in respect of any
residential or non-residential building or portion thereof were on the basis
of annual letting value arrived at considering the leave and licence charges,
by whatever name called, then for the purposes of the first proviso it shall be
lawful for the Commissioner to ascertain such tax leviable during such
immediately preceding year, as if such building or portion thereof were self-
occupied and had been so entered in the assessment book :]

Provided 10[also] that, the property tax levied on the basis of capital value
of any building or land on revision made under sub-section (1C) of section
154 shall not in any case exceed 40 per centum of the amount of the property
tax payable in the year immediately preceding the year of such revision :

1
This clause was inserted by Bom. 13 of 1958, s. 5.
2
Clause (cb) was inserted by Mah. 33 of 1989, s. 9.
3
This clause was added by Bom. 34 of 1954, s. 9.
4
The Explanation was deleted by Mah. 11 of 2009, s. 4(2)(d).
5
Sub-section (2) was added by Mah. 34 of 1973, s. 16(2)
6
The proviso was deleted by Mah. 11 of 2009, s. 4(2)(e).
7
Section 140A was inserted by Mah. 11 of 2009, s. 5.
8
Section 140A was re-numbered as sub-section (1) thereof and sub-sections (2) and (3) were added by
Mah. 27 of 2010, s. 3.
9
This proviso was inserted by Mah. 11 of 2011, s. 3(1)(a).
10
This word was substituted for the word “further”, by Mah. 11 of 2011, s. 3(1)(b).
 ( L-1) H 4094 (133-180)
172 Mumbai Municipal Corporation Act [1888 : Bom. III

Provided also that, for the period of five years commencing from the year
of adoption of capital value as the base, for levy of property tax under section
140A, the amount of property tax leviable in respect of a residential building
or residential tenement, having carpet area of 46.45 sq. meter (500 sq. feet)
or less, shall not exceed the amount of property tax levied and payable in the
year immediately preceding the year of such adoption of capital value as the
basis.
1
[Provided also that, for a period of five years commencing on the 1st April
2015, the amount of property tax leviable in respect of a residential building
or residential tenement, having carpet area of 46.45 sq. meter (500 sq. feet)
or less, shall not exceed the amount of property tax which is being levied and
payable in respect of such residential building or tenement as on the 31st
March 2015.]

Explanation.—For the purposes of this section, after the Corporation

adopts the Capital Value as the basis of levy of property tax, the property tax
in respect of any taxable building shall be revised after every five years and
on each such revision, such amount of property tax, shall not in any case
exceed forty per cent. of the amount of the property tax levied and payable in
the year immediately preceding the year of the revision.]

[ [(2) Notwithstanding anything contained in sub-section (4) of section

2 3

139A or any other provisions of this Act or Resolution, if any, passed by the
Corporation for adopting the levy of property tax on the basis of capital value
but subject to the provisions of section 154A, buildings and lands in respect
of which the process of fixing capital value is in progress on the 26th August
2010, being the date of coming into force of section 3 of the Maharashtra
Municipal Corporations and Municipal Councils (Third Amendment) Act, Mah.
2010, until it is so fixed, the tax leviable and payable in respect of such XXVII of
2010.
buildings and lands shall provisionally be equal to the amount of tax leviable
and payable in the preceding year, that is to say, for the year commencing on
the first day of April 2009 and ending on the thirty-first day of March 2010
and such provisional tax shall be leviable and payable for each of the years
4
[2010-2011, 2011-2012 and 2012-2013,] according to the provisional bills which
may be issued separately for each such year ; so, however, that on fixation of
capital value of the respective buildings and lands, final bill of assessment of
property taxes on the basis of capital value may then be issued for each such
year as aforesaid. After such final assessment, if it is found that the assessee
has paid excess amount, such excess shall, notwithstanding anything contained
in section 179, be refunded within three months from the date of issuing the
final bill, alongwith interest from such date as provided in the first proviso
to sub-section (5) of section 217, or after obtaining the consent of the assesse,
shall be adjusted towards payment of property tax due, if any, for the
subsequent years; and if the amount of taxes on final assessment is more
than the amount of tax already paid by the assesse, the difference shall be
recovered from the assesse.]

1
This proviso was inserted by Mah. 34 of 2015, s. 2.
2
Section 140A was re-numbered as sub-section (1) thereof and sub-sections (2) and (3) were added by
Mah. 27 of 2010, s. 3.
3
Sub-section (2) was substituted by Mah. 11 of 2011, s. 3(2).
4
These figures and word were substituted for the figures and word “2010-2011 and 2011-2012” by
Mah. 6 of 2012, s. 3 (a).
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 173

1
[(2A) Notwithstanding anything contained in sub-section (1) or (2) or any other
provisions of this Act, the tax on buildings and lands, which are liable to be assessed for
the first time on or after the 1st April 2010, shall provisionally be equal to the amount of
tax, as if such buildings and lands are liable to be assessed in the year 2009-2010; and on
ascertainment of the capital value of such buildings and lands, the corporation may
issue a final bill in respect of the years for which they are liable to be assessed, on the
basis of capital value thereof and accordingly it shall be the duty of the owner and
occupier of such buildings and lands to pay such tax within the period specified in the
final bill issued as aforesaid.]

(3) Notwithstanding anything contained in section 163 or 217 or

any other provisions of this Act and having regard to the fact that the property tax bill
has been issued in accordance with the provisions of sub-section (2), not being a final
bill, such bill shall not be questioned before any forum; and no complaint or appeal shall
lie against such bill merely on the ground that capital value in respect of the property
which is subject matter of the bill is not yet fixed, or that the amount of tax leviable and
payable at the rate of property tax determined by the Corporation is not yet finally
ascertained, or on any other ground whatsoever.]

141. 2
[(1)] Subject to the provisions of section 169, the water tax shall be levied only 3[Water taxes]
on what
in respect of premises— premises to be
levied.

(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 4[Brihan Mumbai] in which the Commissioner
has given public notice that sufficient water is available from municipal waterworks
for furnishing a reasonable supply to all the premises in the said portion.

5
[(2) Subject to the provisions of section 169, the water benefit tax shall be levied in
respect of all premises situated in Brihan Mumbai, except the buildings and lands or
parts thereof 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.]

1
This sub-section was inserted by Mah. 6 of 2012, s. 3(b).
2
Section 141 was re-numbered as sub-section (1) and sub-section (2) was added by Mah. 34 of 1993,
s.17(1).
3
These words were substituted for the words “Water tax” by Mah. 34 of 1973, s. 17(2).
4
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch.
5
Sub-section (2) was substituted w.e.f. 1st April 1967 by Mah. 6 of 2012, s. 4.

H 4094—27
 ( L-1) H 4094 (133-180)
174 Mumbai Municipal Corporation Act [1888 : Bom. III
6
[Sewerage 142. (1) 1[Subject to the provisions of section 170, the sewerage tax] shall
taxes] on what
premises to be be levied only in respect of premises—
levied.
(a) situated in any portion of 2[Brihan Mumbai] in which public notice
has been given by the Commissioner that the collection, removal and disposal
of all excrementitious 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.

(2) Provided that the said tax shall not be levied in respect of any premises
situated in any portion of 2 [Brihan Mumbai] specified in clause (a), in or
upon which, in the opinion of the Commissioner, no such matter as aforesaid
accumulates or is deposited.

(3) If the Commissioner directs, under sub-section (2) 3[or (3)] of section
248 that a separate water-closet, privy or urinal need not be required for any
premises 4[the sewerage tax] shall nevertheless be levied in respect of the
said premises, if but for such direction, the same should be leviable in respect
thereof.

[(4) Subject to the provisions of section 170, the sewerage benefit tax shall
5

be levied in respect of all premises situated in Brihan Mumbai, except the

buildings and lands or parts thereof 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.]

General tax on 143. (1) The general tax shall be levied in respect of all buildings and
what premies
to be levied. lands in 2[Brihan Mumbai] except—

[(a) buildings and lands or portions thereof exclusively occupied for public
7

worship or for charitable purposes ;]

(b) buildings and lands vesting in 8 [Government] 9[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
10
[Government] or, the corporation respectively ;

1
These words and were substituted for the words “The halalkhor tax” by Mah. 34 of 1973, s. 18(a).
2
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. Schedule.
3
The word, brackets and figure “or (3)” were inserted by Bom. 2 of 1911, s. 5.
4
These words were substituted for the words “the halalkhor tax” by Mah. 34 of 1973, s. 18(b).
5
This sub-section was substituted with effect from 1st April 1967 by Mah. 6 of 2012 s. 5.
6
These words were substituted for the words “Halalkhor tax” by Mah. 34 of 1973, s. 18(d).
7
This clause was substituted for the original by Bom. 2 of 1911, s. 6(1).
8
The word “Government” was substituted for the original words by the Adaptation of Laws Order,
1950.
9
These words were inserted by Bom. 10 of 1928, s. 12.
10
The word " Government " was substituted for the word “Crown” by the Adaptation of Laws Order,
1950.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 175

[(c) such building and lands vesting in, or in the occupations of, any consul
1

de carriers, whether called as a consul general, 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.]

(2) The following buildings 2[and lands or portions thereof] shall not be
deemed to be 3 * * * exclusively occupied for public worship or for charitable
purposes within the meaning of clause (a), namely :—

(c) 4[those] in which any trade or business is carried on ; and

(d) 4[those] in respect of which rent is derived whether such rent is or is

not applied exclusively to religious or charitable purposes.

[(3) Where any portion of any building or land is exempt from the general
5

tax by reason of its being exclusively occupied for public worship or for
charitable purpose, such portion shall be deemed to be a separate property
for the purpose of municipal taxation.]

144. (1) The 6[Central Government 7 * * * * or the Payment to

be made to
8
[State] Government, as the case may be], shall pay to the corporation the
annually, in lieu of the general tax from which buildings and lands vesting in corporation
in lieu
9
[Government] are exempted by clause (b) of section 143, a sum ascertained of the
in the manner provided in sub-sections (2) and (3). general tax
by the
Central
(2) The rateable value of the buildings and lands in 10 [Brihan Government
or 7* * *
Mumbai] vesting in 9[Government] and beneficially occupied, in respect of the 8[State]
which but for the said exemption, general tax would be leviable from the Government
as the case
6
[Central Government 7* * * * or the 8 [State] Government, as the case may be.
may be], shall be fixed by a person from time to time appointed in
this behalf by the 8 [State] 9[Government] with the concurrence of the
corporation. The said value shall be fixed by the said person, with a

1
Clause (c) was substituted by Mah. 6 of 2012, s. 6.
2
These words were inserted by Bom. 2 of 1911, s. 6(2)(a).
3
Portion repealed, by Bom. 2 of 1911, s. 6(2)(b) is omitted.
4
The word “those” was substituted for the word “buildings” by Bom. 2 of 1911, s. 6(2)(c).
5
This sub-section was added, by Bom. 2 of 1911, s. 6(3).
6
The words “ Central Government, or the Crown Representative, or the Provincial Government, as
the case may be,” were substituted for the words “ Secretary of State for India in Council” by the
Adaptation of Indian Laws Order in Council.
7
The words “or the Crown Representative” were deleted by the India (Adaptation of Existing Indian
Laws) Order, 1947.
8
This word was substituted for the original by Adaptation of Laws Order, 1950.
9
The word “Government” was substituted for the original words by the Adaptation of Laws Order,
1950.
10
These words were substituted for the word “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.

H 4094—27a
 ( L-1) H 4094 (133-180)
176 Mumbai Municipal Corporation Act [1888 : Bom. III

general regard to the provisions hereinafter contained concerning the

valuation of property assessable to property-taxes, at such amount as he shall
deem to be fair reasonable. The decision of the person so appointed shall
hold good for a term of five years, subject only to proportionate variation, if
in the meantime the number or extent of the building and lands vesting in
1
[Government] in 2[Brihan Mumbai] materially increases or decreases.
[(2A) Where the Corporation has adopted the levy of property tax on
3

capital value of buildings and lands, the capital value of buildings and lands
in Brihan Mumbai vesting in Government and beneficially occupied, in
respect of which but for said exemption, general tax would be leviable from
the Central Government or the State Government, as the case may be, shall
be the book value of such buildings or lands in Government records and such
capital value shall hold good for a term of five years, subject only to
proportionate variation, if in the meantime the number or extent of the
buildings and lands vestings in Government in Brihan Mumbai materially
increases or decreases.]
(3) The sum to be paid annually to the corporation by the 4[Central
Government 5* * * * or the 6 [State] Government, as the case may be], shall be
eight-tenth of the amount which would be payable by an ordinary owner or
buildings or lands in 2[Brihan Mumbai], on account of the general tax, on a
rateable value 7[or on capital value, as the case may be,] of the same amount
as that fixed under sub-section (2), 8[or sub-section (2A), as the case may be].

Concession in [144A. Notwithstanding anything contained in this Act, a concession

9
payment of
property tax. in payment of property tax in respect of building and land, wherein any such
socially or ecologically beneficial scheme, as may be identified for the purposes
of this section by the Municipal Corporation or the State Government, is
being implemented, may be given to such extent of so many per centum of
the property tax payable in respect thereof as the Corporation may,
determine.]
[Explanation.—For the purposes of this section, “ecologically beneficial
10

scheme” includes rain water harvesting system, vermi composting, use of

solar energy and other non-conventional sources of energy, recycling and re-
use of waste water, or any scheme for promoting environment friendly and
ecologically beneficial building construction or the like as the Corporation
or the State Government may identify.]

1
The word “ Government ” was substituted for the original words by the Adaptation of Laws Order,
1950.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2 Schedule.
3
Sub-section (2A) was inserted by Mah. 11 of 2009, s.6(1).
4
The words “ Central Government or the Crown Representative, or the Provincial Government, as
the case may be,” were substituted for the words “ Secretary of the State for India in Council ” by the
Adaptation of Indian Laws Order in Council.
5
The words “ or the Crown Representative ” were deleted by the India (Adaptation of Existing Indian
Laws) Order, 1947.
6
This word was substituted for the original by Adaptation of Laws Order, 1950.
7
These words were added by Mah. 11 of 2009, s.6(2).
8
These words, brackets, figure and letter were added, by Mah. 11 of 1009, s. 6(2).
9
Section 144A was substituted by Mah. 11 of 1009, s. 7.
10
This Explanation was added by Mah. 27 of 2010, s. 4.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 177
1
[144B. Notwithstanding anything contained in section 140 or 140A or any Temporary
provisions for
other provisions of this Act, during the period of twenty years from the date levy of
of commencement of the Bombay Municipal Corporation and the Maharashtra property tax at
reduced rates
Mah. V Regional and Town Planning (Amendment) Act, 1995, or from the date of in respect of
of 1996. first occupation of the premises in a building used for residential purposes, certain
buildings.
whichever is later, the property tax on building shall be levied at such reduced
rates as the State Government may, by notification in the Official Gazette,
from time to time, fix and different reduced rates may be fixed for different
periods and for different classes of buildings constructed, whether before or
after such commencement. Such buildings are as follows :—
(a) buildings which are constructed under the Low Cost Housing Scheme
for economically weaker sections and Low Income Group 2[by the corporation,
the Mumbai Metropolition Region Developments Authority or the
Maharashtra Housing and Area Development Authority] or under the Slum
Mah. Rehabilitation Scheme declared under the Maharashtra Slum Areas
XXVIII
of 1971.
(Improvered 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 Authoriry
(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 ; 3[or]
4
[(f) buildings constructed or reconstructed, for transit accommodation,
that is to say transit camps, by the corporation, the Mumbai Metropolitan
Region Development Authority or 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 :]

1
Section 144B was substituted by Mah. 11 of 2009, s. 8.
2
These words were substituted for the words “by the Maharashtra Housing and Area Development
Authority ” by Mah. 6 of 2012, s. 7(i).
3
This word was added by Mah. 6 of 2012, s. 7(ii).
4
These clauses were added by Mah. 6 of 2012, s. 7(iii).
 ( L-1) H 4094 (133-180)
178 Mumbai Municipal Corporation Act [1888 : Bom. III

Provided that, the concession of such reduced rates of tax shall not be
available in respect of any building or part thereof constructed under any of
the schemes mentioned herein, which is not utilised for residential purpose
for rehabilitation of the concerned project affected persons or slum dwellers
and which is a component available for sale or use for commercial purpose.]

Temporary 1
[144C. Notwithstanding anything contained in section 140 or any other
provisions for
levy of provisions of this Act, during the period of twenty years from the date of
property tax at
reduced rates commencement of the Mumbai Municipal Corporation (Amendment) Act, Mah. XV
of 2005.
in respect of 2005, or from the date of first occupation of the premises, whichever is later,
buildings or
tenements the property tax in respect of the residential tenements constructed for
constructed for
economically economically weaker sections of the society with carpet area not exceeding
weaker 350 square feet, constructed before or after such commencement, by the
sections of
society, by institutions, as may be notified by the State Government, which have been
certain
institutions. allotted the land by the State Government at nominal rates for the purpose
of constructing such tenements, shall be levied at such reduced rate, as the
State Government may, by notification in the Official Gazette, from time to
time fix, and different rates may be fixed for different period and for different
classes of buildings or tenements.]

Temporary 2
[144D. Notwithstanding anything contained in section 140 or any other
provisions for
levy of provisions of this Act, during the period of twenty years 3[from the 23rd
property tax at
reduced rates
November 1995] or from the date of first occupation of the tenements
in respect of hereinafter specified, whichever is later, the property tax in respect of the
cessed
buildings. residential tenements having carpet area not exceeding 350 square feet,
situated in a building, in the Island City of Mumbai, which,—
(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 Mah.
XXVIII
Development Act, 1976 and is reconstructed or redeveloped by,— of 1977.
(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 Mah.
XXVIII
the Maharashtra Housing and Area Development Act, 1976 ; or of 1977.

(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 ;
shall be levied at such reduced rate, as the State Government may, by
notification in the Official Gazette, from time to time, fix ; and different
rates may be fixed for different periods and for different tenements :

1
Section 144C was inserted by Mah. 15 of 2005, s. 2.
2
Section 144D was inserted by Mah. 44 of 2005, s. 2.
3
These words were substituted for the words, brackets and figures “from the date of commencement
of the Mumbai Municipal Corporation (Second Amendment) Act, 2005,” by Mah. 27 of 2006, s. 2.
 ( L-1) H 4094 (133-180)
1888 : Bom. III] Mumbai Municipal Corporation Act 179

Provided that, no tax at reduced rate shall be levied in respect of the

residential tenement, in the building reconstructed or redeveloped by the
co-operative housing society of the existing tenants or occupiers, if the
existing tenant or occupier ceases to occupy the tenement in the
reconstructed or redeveloped building as a member of such co-operative
housing society.]
1
[144E. Notwithstanding anything contained in section 140 or any other Levy of
property tax at
provisions of this Act, the property tax in respect of buildings and lands reduced rates
belonging to the Special Development Project shall be levied at such reduced in respect of
rate, as the State Government may, by notification in the Official Gazette, buildings and
lands of Special
from time to time, fix ; and different rates may be fixed for different periods Development
and for different Special Development Projects. Project.
Explanation.—For the purposes of this section, “ Special Development
Project ” means,—
(i) a development project undertaken either by the Government or by
the Planning Authority, within the meaning of clause (19) of section 2 of
Mah. the Maharshtra Regional and Town Planning Act, 1966 ; or
XXXVII
of 1966.

(ii) “ a Mega Project ” within the meaning of the Package Scheme of

Incentives, 2001,
approved by the High Power Committee under the Chairmanship of the Chief
Secretary to Government and declared by the State Government, by
notification in the Official Gazette, to be the Special Development Project.]
Mah. VI 145. For section 36 of the Bombay Port Trust Act, 1879, the following Amendment
of 1879. section shall be substituted, namely :— of section 36
of Bombay
Act VI of
1879.

See Supra
Liability for Property-taxes
146. (1) Property-taxes shall be leviable primarily from the actual Primary
occupier of the premises upon which the said taxes are assessed, if such responsibility
for property
occupier holds the said premises immediately from 2[the 3[Government]] or taxes on whom
from the corporation or from a fazendar : to rest.
4
[Provided that the property-taxes due in respect of any premises owned
by or vested in the Government and occupied by a Government servant or
any other person on behalf of the Government for residential purposes shall
be leviable primarily from the Government and not the occupier thereof.]
(2) Otherwise the said taxes shall be primarily leviable as follows,
namely :—
(a) if the premises are let, from the lessor ;
(b) if the premises are sub-let, from the superior lessor ; 
(c) if the premises are unlet, from the person in whom the right to let the
same vests ;

1
Section 144E was inserted by Mah. 19 of 2006, s. 2.
2
The words “ the Crown ” were substituted for the word “Government” by the Adaptation of Indian
Laws Order in Council.
3
This word was substituted for the original by Adaptation of Laws Order, 1950.
4
This proviso was added by Bom. 28 of 1957, s. 5 (1).
5
The word “ and ” was deleted by Mah. 11 of 2009, s. 9 (1).
 ( L-1) H 4094 (133-180)
180 Mumbai Municipal Corporation Act [1888 : Bom. III
1
[(d) if the premises are held or occupied by a person who is not the owner
and the whereabouts of the owner of the premises cannot be ascertained, from
the holder or occupier ; and
(e) if the premises are held or developed by a developer or an attorney or
any person in whatever capacity, such person may be holding the premises and
in each of whom the right to sell the same exists or is acquired, from such holder,
developer, attorney or person, as the case may be :
Provided that, such holder, developer, attorney or person shall be liable until
actual sale is effected.]
2
[(3) But if any land has been let for any term exceeding one year to a tenant,
and such tenant or any person deriving title howsoever from such tenant has
built upon the land, the property taxes assessed upon the said land and upon
the building erected thereon shall be leviable primarily from the said tenant
or such person, whether or not the premises be in the occupation of the said
tenant or such person.]
Apportionment 147. (1) If any premises assessed to any property-tax are let, and their
of rateable value 3[or the amount of property tax levied on the basis of capital value,
responsibility
for property as the case may be,] exceeds the amount of rent payable in respect thereof to
tax when the the person from whom, under the provisions of the last preceding section, the
premises
assessed are let said tax is leviable, the said person shall be entitled to receive from his tenant
or sub-let. the difference between the amount of the property-tax levied from him, and
the amount which would be leviable from him if the said tax were calculated on
the amount of rent payable to him.
(2) If the premises are sub-let and their rateable value 4[or the amount of
property tax levied on the basis of capital value, as the case may be,] exceeds
the amount of rent payable in respect thereof to the tenant by his sub-tenant,
or the amount of rent payable in respect thereof to a sub-tenant by the person
holding under him, the said tenant shall be entitled to receive from his sub-
tenant or the said sub-tenant shall be entitled to receive from the person holding
under him, as the case may be, the difference between any sum recovered under
this section from such tenant or sub-tenant and the amount of property-tax
which would be leviable in respect of the said premises if the rateable value
thereof were equal to the difference between the amount of rent which such
tenant or sub-tenant receives and the amount of rent which he pays.
(3) Any person entitled to receive any sum under this section shall have, for
the recovery thereof, the same rights and remedies as if such sum were rent
payable to him by the person from whom he is entitled to receive the same.
Person 148. If any person who is primarily liable for the payment of any property-
primarily liable
for property- tax himself pays rent to another person other than 5[the 6[Government] or the
tax entitled to corporation in respect of the premises, upon which such tax is assessed, he shall
credit, if he is a
rent payer.
be entitled to credit in account with such other person for such sum as would
be leviable on account of the said tax if the amount of the rent payable by him
where the rateable value 7[or the amount of property tax levied on the basis of
capital value, as the case may be,] of the said premises.

1
Clauses (d) and (e) were added by Mah. 11 of 2009, s. 9(2).
2
This sub-section was substituted for the original by Bom. 28 of 1957, s. 5(2).
3
These words were inserted by Mah. 11 of 2009, s. 10(1).
4
These words were inserted by Mah. 11 of 2009, s. 10(2).
5
The words “the Crown” were substituted for the words “the Government” by the
Adaptation of Indian Laws Order in Council.
6
This word was substituted for the original by Adaptation of Laws Order, 1950.
7
These words were inserted by Mah. 11 of 2009, s. 11.
 H 4094 L-1 (181-194)
1888 : Bom. III] Mumbai Municipal Corporation Act 181

Notice of transfer, etc. of premises assessable to property-taxes

149. (1) Whenever the title of any person primarily liable for the Notice to be
given to
payment of property-taxes on any premises to or over such premises is
Commissioner
transferred, the person whose title is so transferred and the person to of all transfers
whom the same shall be transferred shall, within three months after of title of
persons
execution of the instrument of transfers, or after its registration, if it be primarily liable
registered, or after the transfer is effected, if no instrument be executed, to payment of
property-tax.
give notice of such transfer, in writing, to the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid,
the person to whom the title of the deceased shall be transferred, as heir
or otherwise, shall give notice of such transfer to Commissioner within one
year from the death of the deceased.

150. (1) The notice to be given under the last preceding section shall Form of notice.
be in the form either of Schedule E or Schedule F, as the case may be, 1[and
shall be accompanied by such fees as the Commissioner may, from time to
time, with the approval of the Standing Committee prescribe and such
notice shall state clearly and correctly all the particulars required by the
said form.]
(2) On receipt of any such notice, the Commissioner may, if he thinks it
necessary require the production of the instrument of transfer, if any, or
III of of a copy thereof obtained under section 57 of the Indian Registration Act,
1877. 1877£.
[(3) The transfer of title of any person primarily liable to the payment
2

of property tax shall not be recorded by the Corporation in the assessment

book unless the property taxes due in respect of the property sought to be
transferred are fully paid before giving such notice.]

151. (1) Every person primarily liable for the payment of a property- Liability for
payment of
tax on any premises who transfers his title to or over such premises without property-taxes
giving notice of such transfer to the Commissioner as aforesaid, shall in to continue in
addition to any other liability which he incurs through such neglect, continue the absence of
any notice of
liable for the payment of all property-taxes from time to time payable in transfer.
respect of the said premises until he gives such notice, or until the transfer
shall have been recorded in the Commissioner's books.
(2) But nothing in this section shall be held to diminish the liability of
the transfer for the said property-taxes, or to affect the prior claim of the
Commissioner on the premises conferred by section 212, for the recovery
of the property-taxes due thereupon.

152. (1) When any new building is erected, 3 [or occupied or Notice to be
given to
re-occupied or when there is change of user of part or whole of the building ;] Commissioner
the person primarily liable for the property-taxes assessed on the building of erection of a
new building,
shall within fifteen days give notice thereof, in writing, to the Commissioner. etc.

£
See now the Indian Registration Act, 1908 (16 of 1908).
1
These words were substituted for the portion beginning with the words “and shall state” and ending
with the words “the said form” by Mah. 11 of 2009, s. 12(1).
2
Sub-section (3) was added by Mah. 11 of 2009, s. 12 (2).
3
These words were substituted for the words “or when any building which has been vacant is re-
occupied” by Mah. 11 of 2009, s. 13 (1).
 H 4094 L-1 (181-194)
182 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) The said period of fifteen days shall be counted from the date of the
completion or of the occupation whichever first occurs, of the building
which has been newly erected or rebuilt, or of the enlargement, 1[or of the
re-occupation, or of the change of user of part or whole of the building, as
the case may be.]

Levy of [152A. (1) Whoever unlawfully constructs or reconstruts any building

2
penalty on
unlawful or part of a building,—
building.
(a) on his land without obtaining permission under this Act or any
other law for the time being in force or in contravention of any condition
attached to such permission ;
(b) on a site belonging to him which is formed without approval under
the relevant law relating to Regional and Town Planning ;
(c) on his land in breach of any provision of this Act or any rule or bye-
law made thereunder or any direction or requisition lawfully given or
made under this Act or such rule or bye-law ; or
(d) on any land, belonging to, or leased by, the Corporation, or the
Central or State Government, or any statutory corporation or
organization or company set up by any such Government, in breach of
any provision of this Act or of any other law for the time being in force
and the rules and bye-laws made thereunder,
shall be liable to pay every year a penalty, which shall be equal to
twice the property tax leviable on such building, so long as it remains
unlawful construction without prejudice to any proceedings which may
be instituted against him in respect of such unlawful construction :
Provided that, every such levy and collection of tax and penalty shall not
be construed as regularization of such unlawful construction or
reconstruction for any period whatsoever of its such unlawful existance.
(2) Penalty payable under sub-section (1) shall be determined and
collected under the provisions of this Act, as if the amount thereof were a
property tax due by any such person.]

Notice to be 153. (1) When any building or any portion of a building, which is liable
given to
Commissioner to the payment of a property-tax, is demolished or removed, otherwise
of demolition
or removal of than by order of the Commissioner, the person primarily liable for the
building. payment of the said tax shall give notice thereof in writing, to the
Commissioner.
(2) Until such notice is given the person aforesaid shall continue liable
to pay every such property-tax as he would have been liable to pay in
respect of such building if the same, or any portion thereof, had not been
demolished or removed.

1
These words were substituted for the portion beginning with the words “ as the case may be ” and
ending with the words “re-occupation thereof” by Mah. 11 of 2009, s. 13(2).
2
Section 152A was inserted by Mah. 11 of 2009, s. 14.

H 4094—28
 H 4094 L-1 (181-194)
1888 : Bom. III] Mumbai Municipal Corporation Act 183

[(3) Provided that nothing in this section shall apply in respect of a building
1

or portion of a building which has fallen down or been burnt down].

Valuation of property assessable to property-taxes
154. (1) In order to fix the rateable value of any building or land Rateable
assessable to a property-tax, there shall be deducted from the amount of value 8[or
capital
the annual rent for which such land or building might reasonably be expected value] how
to let from year to year a sum equal to ten per centum of the said annual to be
rent and the said deduction shall be in lieu of all allowances for repairs or determined.
on any other account whatever.
2
[(1A) In order to fix the capital value of any building or land assessable
to a property tax the Commissioner shall have regard to the value of any
building or land as indicated in the Stamp Duty Ready Reckoner for the
time being in force as prepared under the Bombay Stamp (Determination
of True Market Value of Property) Rules, 1995, framed under the provisions
Bom. of the *Bombay Stamp Act, 1958, 3[as a base value] or where the Stamp
LX of Duty Ready Reckoner does not indicate value of any properties in any
1958.
particular area wherein a building or land in respect of which capital value
is required to be determined is situate, or in case such Stamp Duty Ready
Reckoner does not exist, then the Commissioner may fix the capital value
of any building or land 4[ taking into consideration the market value of such
building or land, as a base value. The Commissioner while fixing the capital
value as aforesaid, shall have regard to the following factors, namely :—]
(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, (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).
(1B) The Commissioner shall, with the approval of the Standing
Committee, frame such rules as respects the details of categories of building
or land and the weightage by multiplication to be 5[assigned to various
such factors and categories] for the purpose of fixing the capital value
under sub-section (1A)].
(1C) The capital value of any building or land fixed under sub-section
(1A) shall be revised every five years :
Provided that, the Commissioner may, for reasons to be recorded in
writing, revise the capital value of any building or land any time during
the said period of five years and shall accordingly amend the assessment
book in relation to such building or land under section 167.]
(2) The value of any machinery contained or situate in or upon any
building or land shall not be included in the rateable value 6[or the capital
value, as the case may be,] of such building or land.
7
[*** ]
1
This sub-section was added by Bom. 8 of 1918, s. 3.
2
Sub-sections (1A), (1B) and (1C) were inserted by Mah. 11 of 2009, s. 15(2).
3
These words were inserted by Mah. 27 of 2010, s. 5 (1) (a).
4
These words were substituted for the words “ taking into consideration the market value of such
building or land, as a base value ; and also have regard to the following factors, namely :— ” by Mah.
27 of 2010, s. 5 (1)(b).
5
These words were substituted for the words “ assigned to various such categories ” by Mah. 27 of
2010, s 5(2).
6
These words were inserted by Mah. 11 of 2009. s 15 (3).
7
Sub-section (3), was deleted by Mah. 27 of 2010, s. 15 (4).
8
These words were inserted, by Mah. 27 of 2010, s. 15 (1).
*
Now read as Maharashtra Stamp Act.
 H 4094 L-1 (181-194)
184 Mumbai Municipal Corporation Act [1888 : Bom. III

Provisional [154A. Notwithstanding anything contained in section 154, the rateable

1
fixation of
capital value value of any building or land or part thereof, for the official year 2009-2010,
in certain shall be the provisional capital value of such building and lands in respect
cases.
of the 2[official years 2010-2011, 2011-2012 and 2012-2013], and such
provisional capital value shall be deemed to be the capital value validly
and legally fixed under the provisions of this Act, pending fixing the capital
value thereof ; and it shall be lawful for the Commissioner to treat it as
such for the purposes of assesment book kept under the provisions of this
Act, and the bill for property taxes issued under sub-section (2) of section
140A shall be deemed to have been validly and legally issued under the
provisions of this Act.]
3
[ Provided that, in respect of the buildings and lands which are liable to
be assessed for the first time on or after the 1st April 2010, the capital
value of such buildings and lands shall, until the final capital value is
determined under this section, be provisionally equal to the amount of
rateable value worked out on the basis of the prescribed letting rates by
the corporation in respect of the official year 2009-2010].
Commissioner
may call for 155. (1) To enable him to determine the rateable value 4[or the capital
information or value, as the case may be,] of any building or land and the person primarily
returns from
owner or liable for the payment of any property tax leviable in respect thereof the
occupier or
enter and Commissioner may require the owner or occupier of such building or land,
inspect or of any portion thereof, to furnish him, within such reasonable period as
assessable
premises. the Commissioner prescribes in this behalf, with information or with a
written return signed by such owner or occupier—
(a) as to the name and place of abode of the owner or occupier, or of both
owner and occupier of such building or land ; and
5
[(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 any portion thereof.]
(2) Every owner or occupier on whom any such requisition is made shall
be bound to comply with the same and to give true information or to make
a true return to the best of his knowledge or belief.
(3) The Commissioner may also for the purpose aforesaid make an
inspection of any such building or land.
Assessment book
Assessment
book what 156. [The Commissioner shall keep a book, in such form and in such
6

to contain. manner as he may, with the approval of the Standing Committee,

7
[determine], and such book shall be called “ the assessment book ” in which
shall be entered every official year].
(a) a list of all buildings and lands in 8[Brihan Mumbai] distinguishing
each either by name or number, as he shall think fit;
(b) the rateable value 9[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;

1
Section 154A was substituted by Mah. 11 of 2011, s. 4.
2
These words and figures were substituted by Mah. 6 of 2012, s. 8 (i).
3
This proviso was added by Mah. 6 of 2012, s. 8 (ii).
4
These words were inserted by Mah. 11 of 2009, s. 16 (a).
5
Clause (b) was substituted by Mah. 11 of 2009, s. 16 (b).
6
These words were substituted for the portion beginning with the words “ The Commissioner ” and
ending with the words “ every official year ” by Mah. 11 of 2009, s. 17(1).
7
This word was substituted for the words “ prescribed by rules ” by Mah. 27 of 2010, s.7.
8
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
9
These words were inserted by Mah. 11 of 2009, s. 17(2).
H 4094—28a
 H 4094 L-1 (181-194)
1888 : Bom. III] Mumbai Municipal Corporation Act 185

(c) the name of the person primarily liable for the payment of the
property-taxes, if any, leviable on each such building or land ;
1
[(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 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 2 [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 ;
3
[(f ) if under section 169, a charge is made for water supplied to any
building 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.

157. (1) The assessment-book shall be made in separate books, called The assess-
ment book to
“ward assessment-books” one for each of the wards into which 4 [Brihan be made
Mumbai] is for the time being divided 5 [for the administrative purposes]; separately for
each ward
and each ward assessment-book may, if the Commissioner thinks fit, be and in parts,
divided into two or more parts for such purposes and with such several if necessary.

designations as the Commissioner shall determine.

(2) The ward assessment-books and their respective parts, if any, shall
collectively constitute the assessment-book.

158. (1) When any building or land is let to two or more persons holding Treatment of
property
in severaity the Commissioner may, for the purpose of assessing such which is let
building or land to the property taxes, either treat the whole thereof as to two or
more persons
one property, or, with the written consent of the owner of such building or in separate
land, treat each several holding therein or any two or more of such several occupancies.

holdings together, or each floor or flat, as a separate property.

6
[(2) * * * * * * * * *
(3) * * * * * * * * *]

1
Clause (d) was substituted by Mah. 11 of 2009, s. 17(3).
2
These words were inserted, by Mah. 11 of 2009, s. 17(4).
3
Clause (f) was substituted by Mah. 34 of 1973, s. 19.
4
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. Schedule.
5
These words were substituted for the words and figures “under the provisions of section 24” by
Mah. 11 of 2009, s.18.
6
Sub-sections (2) and (3) were deleted by Mah. 10 of 1998, s.91.
 H 4094 L-1 (181-194)
186 Mumbai Municipal Corporation Act [1888 : Bom. III

Person
primarily
159. (1) When the name of the person primarily liable for the payment
liable for of property taxes in respect of any premises cannot be ascertained, it shall
property-taxes
how to be be sufficient to designate him in the assessment-book and in any notice
designated if which it may be necessary to serve upon the said person under this Act,
his name
cannot be “ the holder ” of such premises, without further description.
ascertained.
Occupier liable
for property
(2) If, in any such case, any person in occupation of the premises shall
taxes untill he refuse to give such information as may be requisite for determining who is
gives
information. primarily liable as aforesaid, such person shall himself be liable, until such
information is obtained, for all property-taxes liviable on the premises of
which he is in occupation.

Public notice 160. (1) When the entries required by clauses (a), (b), (c) and (d) of
to be given
when valuation section 156 have been completed, as far as practicable, in any ward
of property in assessment-book, the Commissioner shall give public notice thereof and of
any ward has
been the place where the ward assessment-book, or a copy of it, may be inspected.
completed.
(2) Such public notice shall be given by advertisement in the 1[Official
Gazette] and in the local newspapers, and also by posting placards in
conspicuous places throughout the ward 2[or by any other mode including
electronic media as the Commissioner may think fit].

Assessment 161. (1) Every person who reasonably claims to be the owner or occupier
book to be of some premises entered in the assessment-book or the agent or any such
open to
inspection. owner or occupier shall be permitted, free of charge, to inspect and to take
extracts from any portion of the said book which relates to the said premises.
(2) Any person not entitled under sub-section (1) to inspect take extracts
from any portion of the assessment-book free of charge shall be permitted
to do so on payment of such fee as shall from time to time be prescribed
in this behalf 3[by the Commissioner, with the approval of the Standing
Committee].

Time for filing 162. (1) The Commissioner shall, at the time and in the manner
complaints prescribed in section 160, give public notice of a day, not being less than
against
valuations to
4
[twenty one days] from the publication of such notice, on or before which
be publicly complaints against the amount of any rateable value 5[or the capital value,
announced. as case may be,] entered in the ward assessment-book will be received in
his office.
Special (2) In every case in which any premises have for the first time been
notice to be entered in the assessment-book as liable to the payment of 6[property taxes
issued in
certain or in which rateable value, or capital value, as the case may be] of any
cases. premises liable to such payment has been increased, the Commissioner
shall, as soon as conveniently may be after the issue of the public notice
under sub-section (1), give a special written notice to the owner or occupier
of the said premises specifying the nature of such entry and informing him
that any complaint against the same will be received in his office at any
time within 7[twenty one days] from the service of the special notice.

1
The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by
the Adaptation of Indian Laws Order in Council.
2
These words were inserted by Mah. 11 of 2009, s. 19.
3
These words were substituted for the words “Member-in-charge with the approval of the Mayor-in
Council” by Mah. 27 of 1999, s. 77.
4
These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 20(1)(a).
5
These words were inserted by Mah. 11 of 2009, s. 20(1)(b).
6
These words were substituted for the words “property taxes or in which rateable value” by
Mah. 11 of 2009, s. 20(2)(a).
7
These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 20(2)(b).
 H 4094 L-1 (181-194)
1888 : Bom. III] Mumbai Municipal Corporation Act 187

163. (1) Every complaint against the amount of any rateable value 1[or Time and
manner of
the capital value, as the case may be,] entered in the assessment-book must filing
be made by written application to the Commissioner, which shall be left at complainant
against
his office on or before the day or the latest day fixed in this behalf in the valuation.
public or special notice aforesaid.
(2) Every such application shall set forth briefly but fully the grounds on
which the valuation is complained against.
164. The Commissioner shall cause all complaints so received to be Notice to
complainant
registered in a book to be kept for this purpose and shall give notice in of day fixed
for
writing to each complainant, of the day, time and place when and whereat investigating
their
his complaint will be investigated. complaints.

165. (1) At the time and place so fixed the Commissioner shall Hearing of
complaint.
investigate and dispose of the complaint in the presence of the Complainant
if he shall appear, and, if not, in his absence.
(2) For reasonable cause, the Commissioner may from time to time
adjourn the investigation.
(3) When the complaint is disposed of, the result thereof shall be noted
in the book of complaints kept under section 164, and any necessary
amendment shall be made in accordance with such result, in the assessment-
book.
166. (1) When all such complaints, if any, have been disposed of and Authentication
of ward
the entries required by clause (e) of section 156 have been completed in the assessment-
ward assessment-book, the said book shall be authenticated by the book when
all
Commissioner, who shall certify, under his signature, that except in the complaints
cases, if any, in which amendments have been made as shown therein, no have been
disposed of.
valid objection has been made to the rateable values 2[or the capital values,
as the case may be,] entered in the said book.
(2) Thereupon the said ward assessment-book subject to such alterations
as may thereafter be made therein under the provisions of the next following
section, shall be accepted as conclusive evidence of the amount of each
property-tax leviable on each building and land in the ward in the official
year to which the book relates.
167. (1) The Commissioner may, upon the representation of any person Assessment-
book may be
concerned, or upon any other information, at any time during the official amended by
year to which an assessment-book relates amend the same by inserting Commis-
sioner
therein the name of any person whose name ought to be so inserted or any during
premises previously omitted or by striking out the name of any person not official year.
liable for the payment of any property-tax, or by increasing or reducing the
amount of any reteable value 3[or, the capital value, as the case may be,]
and of the assessment based thereupon, or by making of cancelling an
entry exempting any premises from liability to any property-tax.
(2) Every such amendment shall be deemed to have been made, for the
purpose of determining the liability or exemption of the person concerned
in accordance with the altered entry, from the earliest day in the current
official year when the circumstances justifying the amendment existed.

1
These words were inserted by Mah. 11 of 2009, s. 21.
2
These words were inserted by Mah. 11 of 2009, s. 22.
3
These words were inserted by Mah. 11 of 2009, s. 23.
 H 4094 L-1 (181-194)
188 Mumbai Municipal Corporation Act [1888 : Bom. III

New 168. (1) It shall not be necessary to prepare a new assessment-book

assessment-
book need not every official year. Subject to the provisions of sub-section ( 3), the
be prepared Commissioner may adopt the entries in the last preceding year's book with
every official
year. such alterations as he thinks fit as the entries for each new year.
(2) But public notice shall be given, in accordance with sections 160 and
162 every year and the provisions of the said sections and of sections 163
to 167, both inclusive, shall be applicable each year.
(3) A new assessment-book shall be prepared at least once in every 1[five
years].
2
[Special provisions concerning the Water and
Sewerage taxes and charges.].
Rules for 169. (1) Notwithstanding anything contained in section 128, the
water taxes
and charges.
3
[Standing Committee] shall, from time to time, make such rules as shall
be necessary for supply of water and for charging for the supply of water
and for any fittings, fixtures or services rendered by the Corporation under
Chapter X and shall by such rules determine—
(i) the charges for the supply of water by a water-tax and a water
benefit tax levied under section 140 of a percentage of the rateable value
4
[or, the capital value, as the case may be,] of any property provided with
a supply of water ; or
(ii) a water charge in lieu of a water-tax, based on a measurement or
estimated measurement of the quality of water supplied; or
(iii) combined charges under clauses (i) and (ii); or
(iv) a compounded charge in lieu of charges under clauses ( i)
and (ii).
(2) A person who is charged for supply of water under clause (ii) or (iv)
of sub-section (1) shall not be liable for payment of the water-tax, but any
sum payable by him and not paid when it becomes due shall be recoverable
by the Commissioner as if it were an arrear of property tax due.
5
[(3) Notwithstanding anything contained in section 146, the water taxes
and charges shall be primarily recoverable from person or persons actually
occupying the premises.].
Rules for 170. (1) Notwithstanding anything contained in section 128, the
sewerage
taxes and
6
[Standing Committee] shall from time to time make such rules as shall be
charges.
necessary for removing human wastes, excrementitions, and polluted
matters, liquid wastes and effluents and any other materials as shall from
time to time be specified 7[by the Committee] in such rules and for charging
any fittings, fixtures or services rendered by the Corporation under Chapter
IX and shall by such rules determine—
(i) the charges for the supply of such services by a sewerage tax and
a sewerage benefit tax 8 [levied under section 140 of a percentage of the
rateable value] 4[or the capital value, as the case may be] of any property
in respect of which such services are provided ; or

1
These words were substituted for the words “four years” by Mah. 27 of 2010, s.8.
2
This heading and sections 169 to 172 were substituted by Mah. 34 of 1973, s.20.
3
These words were substituted for the word “Corporation” by Mah. 27 of 1999, s. 78.
4
These words were inserted by Mah. 11 of 2009, s.24.
5
Sub-section (3) was added by Mah. 21 of 1989, s.29.
6
These words were substituted for the word “Corporation” by Mah. 27 of 1999, s.79(a).
7
These words were inserted by Mah. 27 of 1999, s.79(b).
8
These words were inserted by Mah. 11 of 2009, s.25.
 H 4094 L-1 (181-194)
1888 : Bom. III] Mumbai Municipal Corporation Act 189

(ii) a sewerage charge in lieu of a sewerage tax, based on a measurement

or estimated measurement of the quantity of water supplied for the
premises or of the quantity of wastes dicharges from the premises ; or
(iii) combined charges under clauses (i) and (ii) ; or
(iv) a compounded charge in lieu of charges under clauses (i) and (ii).
(2) A person who is charged for sewerage services under clause (ii) or (iv) of
sub-section (1) shall not be liable for payment of the sewerage tax, but any sum
payable by him and not paid when it becomes due, shall be recoverable by the
Commissioner as if it were an arrear of property tax due.
1
[* * *]
2
[172. (1) The provisions of sections 140A and 154A, as amended Rules for
Mah. XI by the Maharashtra Municipal Corporations and Municipal Councils water taxes
of 2011. and charges
(Amendment) Act, 2011, shall, mutatis mutandis apply, for the purposes of and sewerage
levy of water taxes and charges and sewerage taxes and charges 3[for the taxes and
charges and
years 2010-2011, 2011-2012 and 2012-2013]. amendment
(2) The Standing Committee may, from time to time, add to, amend or thereof.
rescind any rules made or deemed to be made by it under sections 169 and
170 (both inclusive), but such revision of rules shall, subject to the provisions
of sub-section (1), come into force on the date appointed by the Committee
for this purpose so however that such date shall not be earlier than the 1st
April of the official year during which the decision to make such revision is
taken by the Standing Committee :
Provided that, 4[the rules fixing the rates for the official years 2010-2011,
2011-2012 and 2012-2013 shall be effective from the first day of each respective
official year.]
5
[ (3) In case of the buildings and lands which are liable to be assessed for
the first time on or after the 1st April 2010, the water taxes and charges and
sewerage taxes and charges shall provisionally be levied on the basis of
rateable value thereof, as if such buildings and lands are assessed in the year
2009-2010; and on ascertainment of the capital value of such buildings and
lands, the corporation may issue final bill in respect of the years, for which
provisional bills have been issued on the basis of rateable value, on the basis of
capital value thereof and accordingly it shall be the duty of the owner and
occupier of such buildings and lands to pay such tax within the period specified
in the final bill issued as aforesaid.].
173. (1) Any person who has paid to the Commissioner any 6[water-tax, Water-tax,
or a sum on account of water charges or] 7[ sewerage tax or a sum on account
8
[water
charges,]
of sewerage charges] in respect of any premises shall if he was not himself in 9
[sewerage
occupation of the said premises during the period for which he had made charges] paid
by any person
such payment, be entitled to receive the amount of the said payment from may be
the person, if any, in actual occupation of the said premises for the said period. recovered by
him from the
(2) For the recovery of the said amount from the person aforesaid, the occupier of
premises for
person who has paid the same shall have the same rights and remedies as if which it is
such amount were rent payable to him by the person from whom he is entitled paid.
to receive the same.

1
Section 171 was deleted by Mah. 27 of 1999, s. 95.
2
Section 172 was substituted by Mah. 11 of 2011, s. 5.
3
These words and figures were substituted by Mah. 6 of 2012, s. 9(a).
4
These words and figures were substituted by Mah. 6 of 2012, s. 9(b).
5
This sub-section was added by Mah. 6 of 2012, s. 9(c).
6
These words were substitued for the words “water tax or” by Bom. 62 of 1954, s. 4(1).
7
These words were substituted for the words “any halalkhor tax” by Mah. 51 of 1975, s. 9(a).
8
These words were inserted by Bom. 62 of 1954, s. 4(2).
9
These words were substituted for the words “any halalkhor tax” by Mah. 51 of 1975, s. 9(b).
 H 4094 L-1 (181-194)
190 Mumbai Municipal Corporation Act [1888 : Bom. III

Owner of
premises
1
[173A. (1) If the premises to which water is supplied by measurement
entitled to consists of more than one tenement and water is supplied thereto through
recover water
charges from a common meter and if water charges in respect of the water supplied are
occupiers of
tenements. paid to the Commissioner by the owner of the said premises or any person
acting on his behalf, such owner shall be entitled to recover the sum of
such water charges pro-rata from the occupiers of the tenements during
the period for which water is supplied to the said tenements through the
common meter, in proportion to the amount of the rent for which each of
such tenements is let :
Provided that if—
(a) any of the tenements is in the occupation of the owner or any
person acting on his behalf, or
(b) by the terms of the tenancy, the owner has agreed to pay the water
charges for an occupier of a tenement,
the amount payable pro-rata in respect of such tenement shall not be
recovered from the occupiers of other tenements.
(2) If, under the terms of the tenancy, the rent charges for any such
tenement is inclusive of water-tax and subsequently water is supplied
thereto through a common meter and if water charges are paid by the
owner or any person acting on his behalf, such owner shall be entitled to
recover under this section from the occupier of such tenement only the
difference between the water tax previously payable by him and the water
charges payable in respect of such tenement on pro-rata basis under sub-
section (1).

Water 173B. If the owner of any premises has paid to the Commissioner the
charges paid
by owners but sum of water charges in respect of water supplied to the premises and
not recovered
from though entitled to recover from the person in actual occupation of the said
occupiers not
to operate to premises a sum as determined under section 173A, omits or fails to recover
diminish
annual rent the same wholly or in part for whatever reason the fact of the omission or
for purposes
of section 154. failure to recover such sum shall not operate to diminish the amount of
the annual rent of the said premises calculated for the purposes of section
154.]

Section 173B 2
[173BA. On and from the date of adoption of capital value as the base,
not to have
effect. for levy of property taxes under section 140A, the provisions of section
173B shall cease to have effect.]

1
Sections 173A and 173B were inserted by Bom. 62 of 1954, s. 5.
2
Section 173BA was inserted by Mah. 11 of 2009, s. 27.

H 4094—29
 H 4094 L-1 (181-194)
1888 : Bom. III] Mumbai Municipal Corporation Act 191

1
[173BB. If the premises in respect of which the sewerage charges in Owner of
premises
lieu of a sewerage tax are recovered from the owner of the premises or any entitled to
recover
person acting on his behalf, such owner shall be entitled to recover the sewerage
charges from
sum of such charges pro-rata from the occupiers of the tenements, in occupiers of
proportion to the amount of the rent for which each of such tenements is tenements.

let :
Provided that if—
(a) any of the tenements is in the occupation of the owner or any
person acting on his behalf, or
(b) by the terms of the tenancy, the owner has agreed to pay the
sewerage charges for an occupier of a tenement,
the amount payable pro-rata in respect of such tenement shall not be
recovered from the occupiers of other tenements.]

2
[173C. If, under the terms of the tenancy, the rent for any premises is Occupier of
premises
inclusive of water taxes or water charges for supply of water by entitled to
recover water
measurement and the person in actual occupation of the premises has, on taxes and
charges
behalf of the owner thereof, paid to the Commissioner any water taxes or from owner
when he is
water charges in respect of the premises, such person shall be entitld to not bound
to pay but
pays them to
recover from, the owner the amount so paid and may deduct the amount Commissioner.
from the rent which from time to time becomes due to the owner.]

Refund of property taxes for vacancies.

174. When any building or land, or any portion of any premises which Refund of
3
[water tax
the Commissioner has treated under section 158 as a separate property, and sewerage
tax] when
has been vacant for not less than thirty consecutive days, the Commissioner and to what
extent
shall, subject to the provisions hereinafter contained, refund the amount of obtainable.
the water tax 4 [and the sewerage tax], if any, paid for the number of days
that such vacancy lasted.

175. 5
* * * * * * * *

176. (1) No refund of any property tax shall be claimable from the Refund not
claimable
Commissioner, as aforesaid, unless notice in writing of the vacancy shall unless notice
of vacancy is
have been given by the person liable for the tax, or his agent, to the given to
Commis-
Commissioner. sioner.

1
Section 173BB was inserted by Mah. 34 of 1973, s. 21.
2
Section 173C was inserted by Mah. 51 of 1975, s. 10.
3
These words were substituted for the words “water and halalkhore taxes” by Mah. 51 of 1975,
s. 22(b).
4
These words were substituted for the words “and halalkhore tax” by Mah. 34
of 1973, s. 22(a).
5
Section 175 was deleted by Mah. 10 of 1998, s. 97.
 H 4094 L-1 (181-194)
192 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) No refund shall be paid by the Commissioner for any period previous
to the day of the delivery of such notice.

(3) When a vacancy continues from one half year in respect of which
property taxes are, under section 197 recoverable, into the next following
half year, no refund of any property tax shall be claimable from the
Commissioner as aforesaid on account of such continued vacancy unless
notice thereof shall be given to the Commissioner as aforesaid within thirty
days from the commencement of the said next following half year.

Refund of 177. No refund of water tax shall be claimable except from such time
water tax
inadmissible
as a written application shall have been made to the Commissioner to stop
unless the water supply to the vacant premises.
application
for stopping
water supply
has been
made.

178. 1
* * * * * * * *

Applications 179. It shall be in the discretion of the Commissioner to disallow any

for refund
claim for refund of any property tax unless application therefor is made to
when and
how to be him in writing within thirty days after the expiry of the half year to which
made.
the claim relates 2[accompanied by the original receipt of any valid proof
a payment of the amount of the bill presented to the applicant under
section 200] for the amount of the tax from which the refund is claimed.

180-191 3
* * * * * * *

4
[Tax on Dogs]

5
Tax on Dogs. [191A. (1) A tax not exceeding 6[one hundred rupees] per annum shall
be levied on every dog kept within 7[Brihan Mumbai]. Such tax, however,
shall not be levied on any dog under the age of six months, if the owner or
person in charge thereof declares in writing to the Commissioner on or
before the eighth day of April that the dog owned by him or in his charge i S
under the age of six months.

(2) Every person who owns or is in charge of a dog on which the tax is
leviable under sub-section (1) shall be liable for such tax.

1
Section 178 was deleted by Mah. 10 of 1998, s. 97.
2
These words and figures were substituted for the words and fogures “ accompanied by the Bill
presented to the applicant under section 200 ” by Mah. 11 of 2009, s. 28.
3
Sections 180 to 191 were deleted by Mah. 11 of 2002, s. 12.
4
This heading was substituted by Mah. 11 of 2002, s. 13.
5
Section 191A was substituted for the original by Mah. 51 of 1975, s. 11.
6
These words were substituted for the words “seven rupees” by Mah. 12 of 1993, s. 4.
7
These words were substituted for the words “Greater Bombay” by Mah, 25 of 1996, s. 2. Schedule.
 H 4094 L-1 (181-194)
1888 : Bom. III] Mumbai Municipal Corporation Act 193

(3) Every person who owns or is in charge of a dog on which the tax is
leviable shall forward to the Commissioner a return signed by him during
the month of April in each official year in such form as the Commissioner
may specify.

(4) Every person who owns or is in charge of such dog shall pay the tax
during the month of April in each official year :

Provided that, when a person becomes owner or takes charge of such dog
on or after the first day of May, he shall forward a like return to the
Commissioner and pay the tax due, within one week from the date on which
he becomes the owner or takes charge of the dog.

(5) The amount of the tax for the full year shall be payable in lump sum
and shall not be in proportion to the period for which any dog is kept. But
the tax shall not be payable more than once for any official year in respect
of the same dog.

(6) The Commissioner shall maintain a register showing the names and
addresses of the persons liable to pay the tax under this section.]

1
[ 2[191B. (1) When the owner or person in charge of a dog has paid the Licence and
number ticket
tax leviable on such dog, the Commissioner shall— for dogs.

(a) grant him a licence to keep the dog during the official year for
which the tax has been paid, subject, however, to such conditions as may
be specified in the licence by the Commissioner ;
(b) provide him with a number ticket, the number of which shall be
specified in the licence.

(2) The owner or person in charge of any dog so licensed, shall at all
times cause the said number ticket to be kept attached to the collar or
otherwise suspended from the neck of the dog.

(3) Any dog which has no number ticket so attached or suspended or is

kept in contravention of any of the conditions specified in the licence—

(a) shall be presumed to be a dog in respect of which no licence has

been granted ; and

(b) may be seized by the police or by any officer duly authorised by the
Commissioner, and detained until the tax due, if any, has been paid or
the conditions subject to which the licence is granted are agreed to be
complied with.]

1
Sections 191B and 191BA were inserted by Bom. 2 of 1943, read with Bom. 8 of 1948, s. 2.
2
Section 191B was substituted for the original by Mah. 51 of 1975, s. 12.
 H 4094 L-1 (181-194)
194 Mumbai Municipal Corporation Act [1888 : Bom. III

Control and [191BA. (1) If any dogs are found or reported to be a source of nuisance
1
other
provisions as to the residents of any building or locality, the Commissioner or any person
to dogs.
duly authorised by him may enter any premises for the purposes of seizing
such dogs.

(2) Any dog so seized shall be kept in the municipal kennel and
if any person, within three days from the date of such seizure, satisfies the
Commissioner that he is the owner or person in charge of such dog, the
Commissioner may order it to be delivered to such person on payment of the
tax, if any due and the costs incurred by the Commissioner by reasons of its
detention and on such person giving an undertaking that the dog will
thereafter be kept in accordance with the condition of the licence and will
not be a source of nuisance to the residents of the building or locality :

Provided that, if within the said three days, no person satisfied the
Commissioner that he iS the owner or person in charge of the dog and pays
the tax and the costs or gives the undertaking aforesaid, the
Commissioner may cause the dog to be destroyed.

(3) If a stray dog has bitten any person the Commissioner may order it to
be detained in the municipal kennel for its incubation period if it SO desired
by the person who has been bitten by that dog, and no charge shall be recovered
from any person for such detention. If a licenced dog, which has bitten any
person, is brought to the municipal kennel, the Commissioner may order it
to be detained therein for its incubation period, if so desired by the owner or
person in charge of such dog or the person who has been bitten by that dog,
on payment of detention charges not exceeding Rs. 2 per day as may be
determined by the Commissioner.

(4) If any dog detained under sub-section (2) or (3) is after examination
found to be suffering from rabis, the Commissioner shall order it to be
destroyed forthwith.

(5) No damage shall be payable in respect of any dog destroyed under this
section.]

Exemption of *2[191BB. Nothing contained in sections 191A and 191B shall apply to
dogs kept by
certain any dog kept by or in charge of such diplomatic and Consular Officers as the
Consular
Officers. State Government may by general or special order specify in this behalf.]

1
Section 191BA was inserted by Mah. 51 of 1975, s. 13.
2
section 191BB was inserted by Bom. 48 of 1950, s.65.
* section 80 of Bom. 48 of 1950 read as follows :—
Amendment “ 80. (1) The amendments made by sections 64, 65 and 67 shall be deemed to have been made on
made by and to have effect from the 15th day of August 1947.
sections 64,
65, 67, 68 (2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to
and 76 to have effect from the 14th day of March 1944 and any order made or action taken under the said Act
have
retrospective before the commencement of this Act shall be deemed to have been made or taken under the said
effect. Act as amended by this Act and no prosecution, suit or other proceeding shall lie againt any person
from anything in good faith done or intended to be done in pursuance of any such order or action,
as the case may be.”
 H 4094 (194-207)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 195

[191C. No suit, prosecution or other legal proceeding shall be instituted

1 Protection of
persons acting
against any person in respect of any act done in good faith in pursuance of in good faith.
the provision of 2[ section 191B or section 191BA].

[191D. Nothing contained in 3* * * *

1
* the second sentence of Certain
sections not to
sub-section (2) of section 200 shall apply in respect of the tax leviable under apply.
section 191A].

4
[THEATRE TAX]

Tax on cinemas, theatres, circuses, carnivals and other performances or

shows.

191E. (1) Except as hereinafter provided, there shall, from such date as Theatre tax.
the State Government may by notification in the Official Gazette specify in
this behalf, be levied and paid to the Corporation a tax referred to in this Act
as theatre tax on cinemas, theatres, circuses, carnivals and other
performances or shows.
(2) The theatre tax shall be levied in respect of theatre, cinema, circus,
carnival and other place of entertainment for every performance or show
held or conducted thereat or therein and to which persons are admitted on
payment, at the rate prescribed by or under the provisions of this Act.
(3) The theatre tax shall be levied at the rates not exceeding those specified
in 5[Schedule G] as the Corporation shall from year to year, in accordance
with section 128, determine.

191F. Every proprietor, manager or person in charge of the entertainment Liability to pay
theatre tax.
shall be liable to pay the theatre tax and shall pay the same in advance before
the commencement of each show or if there are no separate shows before any
person is admitted to the entertainment on any day :
Provided that the Commissioner may, subject to such terms and conditions
as he may impose 6 * * * allow a lumpsum pay-ment of the tax to
be made in respect of a series of such shows or a period of one week or one
month.

1
Sections 191C and 191D were inserted by Bom. 2 of 1943, s.3, read with Bom. 8 of 1948, s.2.
2
This portion was substituted for the words, brackets and letter “ sub-sections (2), (3) and (5) of
section 191B ” by Mah. 51 of 1975, s.14.
3
The words and figures “ sections 180 to 182,185 to 188, 189,190, 191, 198 and ” were deleted by Mah.
11 of 2002, s.14.
4
This heading and sections 191E to 191K were inserted by Bom. 48 of 1959, s.66.
5
This word and letter was substituted for the words, letter and figure “Schedule G-1” by Mah. 11 of 2009,
s.29.
6
The words “ with the sanction of the Member-in-charge ” were deleted by Mah. 27 of 1999, s.83.
 H 4094 (194-207)—L–1
196 Mumbai Municipal Corporation Act [1888 : Bom. III

Register of 191G. The Commissioner shall maintain a register, in which shall be entered
persons liable
to pay theatre from time to time,—
tax. (a) a list of the persons liable to pay the theatre tax ;
(b) the particulars of the cinemas, theatres and other places of
entertainment belonging to or in charge of such persons ;
(c) the approximate amount of tax payable by each such person and the
period in respect of which it is payable.
Returns by 191H. It shall be the duty of every proprietor, manager or person in charge
persons liable
to pay theatre
of the entertainment to submit to the Commissioner such returns signed by
tax. him, at such intervals, in such form and containing such information for the
purpose of levy of the theatre tax as shall be prescribed by rules made under
section 191K.
Power of 191I. The Commissioner may enter upon and inspect any premises or place
Inspection. which he has reason to believe are being used or are about to be used for any
performance or show in respect of which the theatre tax is payable or would
be payable.
Notice of 191J. (1) If any person has failed to pay the theatre tax, the Commissioner
demand. shall with the least practicable delay cause to be served on the defaulter a
notice of demand in such form as may be prescribed by rules made in this
behalf under section 191K. No fee shall be payable in respect of the service of
such notice.
(2) If the person on whom a notice is served under sub-section (1) does not
within fifteen days from the service of the notice on him pay the amount due
or show sufficient cause for non-payment of the same to the satisfaction of
the Commissioner, the Commissioner may recover the amount by distress
and sale of the movable property or attachment and sale of the immovable
property of the defaulter as if the amount were a Property-Tax due by him.
Rules 191K. 1 [The Commissioner may, with the previous approval of the
governing Standing Committee] make rules for securing the payment of the theatre tax
theatre tax.
and generally for carrying into effect the provisions of this Act relating to
the said tax and in particular for the following matters, namely :—
(a) the publication of the rates of the theatre tax determined by the
Corporation ;
(b) the entertainment or classes of entertainments exempted from the
payment of the tax and the extent to which they are so exempted ;
(c) when and to what extent the amount of the tax paid may be refunded ;
(d) the form in which and the intervals at which the return shall be
submitted to the Commissioner under section 191H ;
(e) the form of notice of demand under section 191J.]
2
[Octroi.
Octroi on what
articles and at
192. (1) Except as hereinafter provided, a tax, at rates not exceeding those,
what rates respectively specified in Schedule H, shall be levied in respect of the several
leviable. articles mentioned in the said Schedule, or so many of them or such of them
as the Corporation shall from year to year in accordance with section 128
determine, on the entry of the said articles into 3[Brihan Mumbai] for
consumption, use or sale therein. The said tax shall be called an “octroi”.

1
These words were substituted for the words “ The Corporation may ” by Mah. 27 of 1999, s. 84.
2
This heading and section 192 were substituted by Mah. 32 of 1964, s. 7.
3
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (194-207)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 197

(2) On the first levy of the tax, if the tax cannot by following the provisions
of section 128 and the other relevant provisions of this Act be brought into
force on the 1st day of April of any year, then in that case, notwithstanding
anything in section 128 the Corporation may in a special meeting called for
Mah. the purpose at any time after the passing of the Bombay Municipal Corporation
XXX II
of 1964.
(Second Amendment) Act, 1964, and even although that Act has not been
brought into force decide upon the articles to be so taxed, and upon the rates
at which they are to be taxed, and the date from which the tax is to be levied
(which shall be a date not earlier than the date on which that Act is brought
into force); and thereupon, the tax shall be levied on the articles, at the rates,
from the date so determined, and all the relevant provisions of this Act shall
as far as may be apply to the tax as if the procedure prescribed by section 128
and the other provisions of this Act had been followed.
(3) In determining the articles to be taxed, the Corporation may select all
or any one or more of the articles specified in any entry in 1[Schedule H], and
in determining the rates at which articles are to be taxed, the Corporation
may fix different rates for different articles comprised in the same entry.
(4) On a request being made by the Corporation, the State Government
may, by notification in the Official Gazette, from time to time 2[add to, amend
or delete any item specified in Schedule ‘H’, or vary the rates specified therein];
and thereupon, the Schedule shall be deemed to have been amended
accordingly].
[(5) Notwithstanding anything contained in this section or any other
3

provisions of this Act, the octroi on the entry of articles mentioned in Schedule
‘H’, into Brihan Mumbai, for the consumption and use of the Special
Development Project declared under section 144E shall be levied at such
reduced rate, as the State Government may, by notification in the Official
Gazatte, from time to time, fix; and different rates may be fixed for different
periods and for different Special Development Projects.]
[(6) Notwithstanding anything contained in this section, no octroi shall
4

be payable on the articles specified in Schedule H-l on the entry of the said
articles into Greater Bombay for consumption, use or sale therein.] 5[The
State Government may, by notification in the Official Gazette, add to, amend
or delete any item specified in Schedule H-l].

193. The Commissioner shall cause tables of' 6[octroi] for the time being Table of rates
of 6[octroi] to
leviable, specifying the rates at which and the articles on which the same 7[is be affixed on
leviable] to be printed in the English, Gujarati, Marathi and Urdu languages certain places.
and to be affixed in a conspicuous position at every place at which 8[the
octroi is levied].

1
These words were substituted for the words "the said Schedule " by Mah. 12 of 1993, s.5(a).
2
This portion was substituted by Mah. 10 of 1998, s. 102(a).
3
Sub-section (5) was inserted by Mah. 19 of 2006, s.3.
4
Sub-section (6) was inserted by Mah. 12 of 1993, s.5(c).
5
This portion was added by Mah. 10 of 1998, s.102(b).
6
This word was substituted for the words “ the town duties ” by Mah. 32 of 1964, s.8(a).
7
These words were substituted for.the words “ are leviable ”, by Mah. 32 of 1964., s.8(b).
8
These words were substituted for the words' “ the same duties are levied ”, by Mah. 32 of 1964, s.8(c).
 H 4094 (194-207)—L–1
198 Mumbai Municipal Corporation Act [1888 : Bom. III

Exemption 194. (1) No 1[octroi] shall be leviable on any article which at the time of its
of articles importation is certified by an officer empowered 2[by the Government
belonging to
the 4[Govern- concerned] in this behalf to be the property 3[of the 4[Government].]
ment] from
1
[octroi].
Refund of (2) If any article on which 1[octroi] is paid is imported under a written
[octroi] on
1

articles which
declaration signed by the importer that such article is being imported for
become the the purpose of fulfilling a specified contract with 5[the 6[State] Government]
property of or otherwise for the use of 7[the 4[Government]], the full amount of 8[the tax
the
4
[Govern- paid] thereon shall be refunded on production, at any time within six months
ment] after importation, of a certificate signed by an officer empowered by 9[the
after
importa-
Government concerned] in this behalf certifying that the article so imported
tion. has become the property of 7[the 4[Government]].
Exemption of * 10[194-1A. Any article imported by or on behalf of such diplomatic or
articles
belonging to consular officers stationed at 11[Mumbai] as may be specified in this behalf by
certain the State Government by any special or general order shall be exempted
Consular from the levy of 12[octroi] to such extent and subject to such conditions as
Officer from
l2
[ octroi]. may be specified in the said order.]

Exemption [194A. Subject to such rules, not inconsistent with this Act, as the 14[the
13

of Commissioner, with the approval of the Standing Committee] shall from time
articles
imported for to time frame in this behalf, any article imported into 15[Brihan Mumbai] 16[for
immediate the purpose of immediate exportation shall be] exempted from the levy of 12
exportation.
[octroi], if such article is conveyed direct from the place of import to the place
of export under such supervision and on payment of such fees therefor as shall
be determined in the said rules :
Provided that no rule framed as aforesaid shall have effect unless and until it is
confirmed by 5[the 6[State] Government]].

1
This word was substituted for the words “ town duty ” by Mah. 32 of 1964, s.9(a).
2
The words “ by the Government concerned ” were substituted for the words “ by Government ” by
the Adaptation of Indian Laws Order in Council.
3
The words “ of the Crown ” were substituted for the words “ of Government ”, ibid.
4
This word was substituted for the word “ Crown ” by the Adaptation of Laws Order, 1950.
5
The words “ the Provincial Government ” were substituted for the words “ Government ” by the
Adaptation of Indian Laws Order in Council.
6`
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
7
The words “ the Crown ” were substituted for the word “ Government ” by the Adaptation of Indian
Laws Order in Council.
8
These words were substituted for the words “ the duty paid ” by Mah. 32 of 1964, s.9 (b).
9
The words “ the Government concerned ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
10
Section 194-1A was inserted by Bom. 48 of 1950.,s.67.
11
This word was substituted for the word “ Bombay ” by Mah. 25 of 1996, s. 2. Schedule.
12
This word was substituted for the words “ town duty ” by Mah. 32 of 1964, ss.10 and 11.
13
This section was insterted by Bom. 2 of 1911, s.8.
14
These words were substituted for the word “ Corporation ” by Mah. 27 of 1999, s.85.
15
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
16
This portion was substituted for the portion begining with the words “ for the purpose ” and ending
with the words “ the importer ” by Mah. 32 of 1962, s.ll (a)and (b).
* Section 80 of Bom.48 of 1950 reads as follows :—
Amendments “ 80. (1) The amendments made by sections 64, 65 and 67 shall be deemed to have been made on and
made by to have effect from the 15th day of August 1947.
sections 64,
(2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have
65, 67, 68
and effect from the 14th day of March 1944 and any order made or action taken under the said Act before the
76 to have commencement of this Act shall be deemed to have been made or taken under the said Act as amended by
retrospective this Act, and no prosecution, suit or other proceeding shall lie against any person or anything in good faith
effect. done or intended to be done in pursuance of any such order or action, as the case may be.”.
 H 4094 (194-207)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 199

195. (1) When any article upon which l[octroi] has been paid shall be ex- Refund of
1
[octroi] on
ported from 2[Brihan Mumbai] 3[such amount of 4[tax] levied as is specified in export.
sub-section (1A) shall, subject to the provisions contained in sub-sections (2)
and (3), be refunded].
5
[(1A) The amount of 4[tax] to be refunded under sub-section (1) shall be
6
[90 per centum] of 1[octroi] levied upon the articles. The balance of 7[10 per
centum] shall be credited to the municipal fund as a fee for collection and
refund.]
(2) Such refunds shall be paid under such rules as 8[the Commissioner,
with the approval of the Standing Committee] shall from time to time frame
in this behalf :
(3) Provided that—
9
[(a) any article imported into 2[Brihan Mumbai] and not exported within
six months of such entry of the article shall, unless the contrary is proved,
be deemed to have been imported for consumption, use or sale in 2[Brihan
Mumbai] ;
(b) a refund shall be claimable on all flour exported from 2[Brihan
Mumbai], without proof of the importation of the same into 2[Brihan
Mumbai], equal to 10[70 5/16] per centum of the amount of 4[tax] at the time
being leviable on the grain from which such flour has been prepared;
(c) no refund shall be paid unless the same is applied for within one
month from the date of exportation 11 [or within such longer
period as the Commissioner may in any special case or class of case allow];
(d) no refund shall be made of any less amount than 12[ten rupees];
(e) no rule framed by 13[the Commissioner] under this section shall have
effect unless and until it is confirmed by 14[the 15[State] Government].
16
[195-1A. Subject to such rules as 8[the Commissioner, with the approval Exemption of
gifts, etc. from
of the Standing Committee], may from time to time frame in this behalf, the octroi.
Commissioner may by general or special order exempt any articles—
(i) which are received as a free gift to relieve distress ;
(ii) which are imported by any charitable institution for a charitable
purpose ;

1
This word was substituted for the word “ town duty ” by Mah. 32 of 1964, s.l2(a),(b) and (d).
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996. Schedule.
3
This portion was substituted for the words “ the full amount of the duty so paid shall, subject to the
provisions thereinafter contained, be refunded ” by Bom. 64 of 1953, s. 4 (1).
4
This word was substituted for the word “ duty ” by Mah. 32 of 1964, s. 12 (a), (b) and (d).
5
This sub-section was inserted by Bom. 64 of 1953, s.4 (2).
6
These figures and words were substituted for the figures and words “ 93 3/4 per centum ” by Mah. 10
of 1998, s. 104(a) (i).
7
These figures and words were substituted for the figures and words “ 61/4 per centum ”, by Mah. 10
of 1998, s. 104 (a) (ii).
8
These words were substituted for the words “ Corporation ” by Mah. 27 of 1999, s.86 (a), 87 (a).
9
This clause was substituted by Mah. 32 of 1964, s. 12 (c)(i).
10
These figures were substituted for the words “ seventy-five ”, by Mah. 64 of 1953, s. 4 (3).
11
This portion was inserted by Bom. 48 of 1950, s. 68.
12
These words were substituted for the words “ five rupees ” by Bom. 64 of 1953, s. 4 (3).
13
These words were substituted for the words “ the Corporation ” by Mah. 27 of 1999, s. 86 (b).
14
The words” Government ” were substituted for the word “ the Provincial Government ” by the
Adaptation of Indian Laws Order in Council.
15
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
16
Sections 195-1A and 195-B were inserted by Mah. 32 of 1964, s. 13.

H 4094—30
 H 4094 (194-207)—L–1
200 Mumbai Municipal Corporation Act [1888 : Bom. III

(iii) which are brought as personal luggage by any passenger and the value
of which does not exceed one hundred and fifty rupees, or the quantity of
which does not exceed such limits as may be fixed by the 1[the Commissioner,
with the approval of the Standing Committee] ;
(iv) which are imported in such other circumstances, and subject to such
conditions and restrictions, as the Corporation may specify.
General 2
[195-1B. 3[The Commissioner shall with the approval of the Standing Com-
rules
regarding
mittee] frame rules as respects the levy, assessment and collection of octroi
octroi. under this Act, and may by such rules provide for the following among other
matters that is to say :—
(a) the examination of articles liable to payment of octroi;
(b) the inspection, weighing or examining the contents of any convey-
ance or package for the purpose of ascertaining whether it contains any
articles in respect of which octroi is payable ;
(c) the seizure and confiscation of articles liable to octroi in the case of
refusal to pay such tax ;
(d) measures to prevent evasion of tax ;
(e) any other matter which is to be or may be prescribed for the levy,
assessment or collection of octroi.
No rule framed by the 4[Commissioner] under this section shall have effect
unless and until it is confirmed by the State Government.]
195A. [Levy of town-duty on cotton]. Repealed by Bom. II of 1934, s. 2.
195B. [Payment of4/7ths of gross revenue to Government : Allocation of
duty] Repealed by Bom. II of 1934, s. 2.
Accounts to 5
[195C. (1) 6[The 7[State] Government] shall keep a separate account of all
be kept ;
exercise by
moneys 8[which have been paid to them by the corporation from the town
corporation duty levied on raw cotton under section 195A, now repealed, and allotted to
of option to the provision of tenements for the working classes in the City of Bombay as
take over
arbitration.
constituted on the 1st day of October 1920] of all loans raised and utilised or
the provision of such tenements and of any sinking funds formed for the
repayment of such loans and shall supply the corporation with a copy of the
account for each year.
(2) The corporation shall have the right, after giving six months previous
notice in writing, to acquire from 9[the 10[Government] ] on the 1st day of
April 1936, or on the 1st day of April of any subsequent year the right, title
and interest of 9[the 10 [Government ] in all lands and buildings acquired and
all buildings constructed in the City of Bombay constituted as aforesaid, with
the aid of such moneys and loans, on indemnifying 9[the 10[Government]]
against all then existing and all future liabilities of 9|the 10[ Government]] in
respect of such lands and buildings and in respect of such loans.
1
These words were substituted for the words “ The Member-in-Charge with the sanction of the
Mayor-in-Council” by Mah. 27 of 1999, s. 87 (b).
2
This section was inserted by Mah. 32 of 1964, s. 13.
3
These words were substituted for the words “ The Corporation shall,” by Mah. 27 of 1999, s. 88 (a).
4
This word was substituted for the words “ Corporation ”, by Mah. 27 of 1999, s. 88 (b).
5
Section 195C was inserted by Bom. 20 of 1920, s. 2.
6
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
7
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
8
The words, figures and letters were substituted for the original words, letters, figures and brackets
“ which have been paid to them by the Corporation from the town-duty levied on raw cotton under
section 195A, now repealed, and allotted to the provision of tenements for the working classes in the
City of Bombay, as constituted on the 1st day of October 1920 :” by Bom. 2 of 1934, s. 3.
9
The words “the Crown ” were substituted for the word “ Government ” by the Adaptation of Indian
Laws Order in Council.
10
This word was substituted for the word “ Crown ” by the Adaptation of Laws Order, 1950.
 H 4094 (194-207)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 201

(3) For the purpose of determining the amount of any indemnity in respect
of any such loan regard shall be had to any then existing sinking fund formed
for the repayment of such loan; the intention being that the corporation shall
pay to 1[the 2[State] Government] from time to time sufficient moneys—
(a) to satisfy all interest on such loan as the same may become payable
by 1[the 2[State] Government] ; and
(b) to make up, after taking into account any sinking fund, the amount
which 1[the 2[State] Government]may be liable at the maturity of such loan.
(4) For the purpose of enabling the corporation to determine whether such
right shall be exercised 1[the 2[State] Government] shall at all reasonable
times after the 1st day of April 1935 cause inspection of such separate account
to be given to the corporation.
(5) On the giving of such notice as is referred to in sub-section (2) the question
as to the amount and form of such indemnity shall stand referred to the sole
arbitration of some person to be nominated by the 3[Chief Justice of
Maharashtra] who shall be assisted by two assessors one to be nominated by
1
[the 2[ State] Government] and one by the corporation and his decision shall
be final.
(6) Upon the corporation giving such indemnity the right, title and interest
of 4[the 5[Government] ] in such lands and buildings shall vest in the
corporation.
6
** * * * *
7
[195D. Loans raised and utilised for the purpose of repaying (whether Definition of
directly or indirectly) loans raised and utilised 8* * *for provision of such Loan.

tenements as are referred to in sub-section 9[(1) of section 195C] shall be

deemed to be loans raised and utilised 8* * *for the provision of such
tenements 8* * * * * * ]
[Education Cess
10

195E. [(1) For the purposes of clause (a) of section 61, the Corporation
11
Levy of
may, 12* * *levy within its area an additional tax on building and lands education cess.
(hereinafter referred to as “the education cess”), of so many centum, 13[not
exceeding twelve], of their rateable value, 14[ or of so many per centum of
their capital value, as the case may be, as the Corporation may determine:]
Provided that—
(a) all buildings and lands vesting in the Central Government.

1
The words “the Provincial Government ” were substituted for the word “Government” by the
Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
3
These words were substituted for the words “Chief Justice of Bombay” by the Maharashtra Adaptation
of Laws (State and Concurrent Subjects) Order, 1960.
4
The words “the Crown” were substituted for the word “ Government” by the Adaptation of Indian
Laws Order in Council.
5
This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
6
Sub-sections (7) and (8) were repealed by Bom. 2 of 1934, s.2.
7
Section 195D was inserted by Bom. 20 of 1920, s. 2.
8
The words “ for such schemes of improvement or”, “for such schemes or” and “ as the case may be”
were omitted by Bom. 2 of 1934, s. 4(1).
9
These words, figures, letter and brackets were substituted for the orginal words, figures, letters and
brackets “(2) of section 195B,”, by Mah. 2 of 1934, s. 4 (2).
10
This heading and sections 195E and 195F were inserted by Bom. 48 of 1950, s. 69.
11
This sub-section was substituted for the original by Bom. 13 of 1958, s. 6(1).
12
The words “with previous sanction of the State Government” were deleted by
Mah. 20 of 1995, s. 3(a).
13
These words were substituted for the words “not exceeding five”, by Mah. 20 of 1995, s.3(b).
14
These words were substituted for the portion begining with the words “as the Corporation” and ending
with the words “graduated scale:” by Mah. 11 of 2009, s. 30(1).
H 4094—30a
 H 4094 (194-207)—L–1
202 Mumbai Municipal Corporation Act [1888 : Bom. III

(b) all other building and lands exempted from the general tax under
section 143,
(c) all buildings and lands of a rateable value 1[or the capital value, as
the case may be,] below such sum as the Corporation may determine shall
be exempted from the education cess.]
(2) 2[The Corporation may require the Municipal Commissioner to recover
the amount of the education cess determined under sub-section (1) by an
addition to the general tax levied under this Act.] Every addition to the
general tax imposed under this sub-section shall be recovered by the
Municipal Commissioner from each person liable therefor in the same manner
as the general tax due from him. The provisions of sections 147 and 148 shall
apply to the education cess as if it were part of the general tax levied under
this Act.
(3) The amount so recovered shall be credited to the municipal fund
constituted under section 11.
Payment to be [195F. (1) With effect from the first day of April 1958 and in respect of
3
made to the period during which the education cess is levied under section 195E, the
Corporation in
lieu of State Government shall pay to the corporation annually, in lieu of the
education cess education cess from which buildings and lands vesting in the State
by State Government are exempted by virtue of clause (b) of the proviso to sub-secion
Government.
(1) of section 195E (hereinafter in this section referred to as ‘the exempted
buildings and lands’), a sum ascertained in the manner provided in sub-
section (2).
(2) The sum to be paid annually to the Corporation by the State
Government shall be eight-tenths of the amount which would be, or would
have been, payable by an ordinary owner of buildings or lands in 4[Brihan
Mumbai] on account of the education cess, on a rateable values 5[or the capital
values, as the case may be,] of the same amount as that fixed under sub-
section (2) 6[or sub-section(2A)]of section 144 in respect of the exempted
buildings and lands.]
[Street Tax 7

195G. (1) The Corporation may, for the purposes of clause (m) of section
61, levy within its area, an additional tax on buildings and lands (hereinafter
referred to as “the street tax”), of so many per centum, not exceeding fifteen,
of their, rateable value 8[or of so many per centum of their capital value, as
the case may be,] as the 9[Standing Committee] may, from time to time
determine :
Provided that,—
(a) all buildings and lands vesting in the Central Government,
(b) all other buildings and lands exempted from the general tax under
section 143,
(c) all buildings and lands of a rateable value 10[ or the capital value, as
the case may be,] below such sum as the corporation may determine,
shall be exempted from the street tax.

1
These words were inserted by Mah. 11 of 2009, s. 30(2).
2
This portion was substituted for the original by Bom. 13 of 1958 s. 6(2).
3
Section 195F was inserted by Bom. 6 of 1959, s.4.
4
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.
5
These words were inserted by Mah. 11 of 2009, s. 31 (1).
6
These words, brackets, figure and letter were inserted, by Mah. 11 of 2009, s. 31(2).
7
This heading and section 195G was inserted by Mah. 33 of 1989, s. 10.
8
These words were inserted by Mah. 11 of 2009, s. 32. (1).
9
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 89.
10
These words were inserted by Mah. 11 of 2009, s. 32 (2).
 H 4094 (194-207)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 203

(2) The corporation may require the Municipal Commissioner to recover

the amount of the street tax determined under sub-section (1) by an addition
to the general tax levied under this Act. Every addition to the general tax
imposed under this sub-section shall be recovered by the Municipal
Commissioner from each person liable therefor in the same manner as the
general tax due from him. The provisions of sections 147 and 148 shall apply
to the street tax as if it were part of the general tax levied under this Act.]

Supplementary Taxation

196. Wherever the corporation determine, under section 134, to have Any tax
recourse to supplementary taxation in any official year, they shall do so by imposable
under this
increasing, for the unexpired portion of the said year, the rates at which any Act may be
tax imposable under this Act is being levied or by adding to the number of increased by
way of
articles on which 1[octroi is being levied ] but every such increase or addition imposing
shall be made subject to the limitation and conditions on which any such tax supplementary
is imposable. taxation.

Collection of Taxes

197. Each of the property-taxes shall be payable in advance in half-yearly Property taxes
instalments on each first day of April and each first day of October 2[as payable half
yearly in
specified in a bill served under section 200]. advance.

3
* *
5
[Octroi]
199. 4
* * * * 5
[Octroi] shall be payable on demand. payable on
demand.

200. (1) When any property tax 6* * * or 7 * * instalment of any 9

[Service] of
bills for
such tax, or shall have become due, the Commissioner shall, with the least certain taxes.
practicable delay, cause to be 8[served] upon the person liable for the payment
thereof a bill for the sum due.
(2) Every such bill shall specify the period for which, and the premises,
10
[dog] in respect of which, the tax is charged and shall also give notice of the
time within which appeal may be preferred, as hereinafter provided against
such tax 11* * *

1
These words were substituted for the words “ town-duties are being levied” by Mah. 32 of 1964,s.14.
2
These words and figures were added by Mah. 11 of 2009, s.33.
3
Section 198 was deleted by Mah. 11 of 2002, s. 15.
4
Words repealed by Bom. 7 of 1921, s. 6. are omitted, and the repeal shall have effects from 1st April
1920.
5
This word was substituted for the words “Town-duties” by Mah. 32 of 1964, s. 15.
6
The words “or tax on vehicles and animals other than vehicles and animals referred to in sub-sections
(2) and (3) of section 198” were deleted by Mah. 11 of 2002, s. 16 (a)(i).
7
The word “any” was deleted, by Mah. 11 of 2002, s. 16 (a)(ii).
8
This word was substituted for the words “presented to” by Bom. 20 of 1952, s. 7(i)(b).
9
This word was substituted for the word “Presentation”, by Bom. 20 of 1952, s. 7(2).
10
This word was substituted for the words “vehicle or animal” by Mah. 11 of 2002, s. 16(b)(i).
11
The words “Every such bill for the payment of tax on vehicles and animals shall have printed on
the reverse side of the bill the provisions of section 188 to 191” were deleted, by Mah. 11 of 2002,
s. 16(b)(ii).
 H 4094 (194-207)—L–1
204 Mumbai Municipal Corporation Act [1888 : Bom. III

Rebate in 1
[200A. Notwithstanding anything contained in this Act, the Corporation
respect of
advance
may, by general or special order give such rebate in the payment of property
payment of tax, as the Corporation may, from time to time decide, to any person, primarily
tax. liable for payment of the property tax, who pays such tax, before the date
specified in the Bill for the purpose or, pays such tax for the entire year in
advance, and different rates of rebate may be specified for different classes
of user of the property.]
When one bill 201. (1) All the sums due for each half-year for all or any of the
may be
2
[served] for
3 * * *
property taxes by any one person on account of one and the same
several claims. property shall be charged to such person in one bill and shall be recoverable
from him in the lump:
Provided that, nothing herein contained shall affect the liability of such
person to pay increased tax to which he may be assessed on account of the
said property under section 167.
(2) If any one person is liable for all or any of the said taxes on account of
more properties than one, it shall be competent to the Commissioner to charge
to such person in one or several bills, as he shall think fit the several sums
payable by him on account of such properties:
Provided that, if such person, by written notice to the Commissioner,
requests to be furnished with several bills, the Commissioner shall comply
with such request in respect of all the said taxes for which such person
becomes liable after receipt by the Commissioner of his said notice:
4
[ Provided however that, notwithstanding anything in the foregoing proviso
no person shall be entitled to be furnished with more than one bill in respect
of any building or land which has been treated as comprising more than one
separate property under section 158.]
Levy of 5
[202. The amount of first half-yearly tax as specified in the bill which has
penalty on
been served as aforesaid shall be paid within three months from the date of
unpaid amount
of bill. service of the bill and the second half-yearly tax as specified in the bill shall
be paid before the 31st December of each year; and if a person liable to pay
tax does not pay the same as required as aforesaid, then he shall be liable to
pay by way of penalty in addition to the amount of such tax or part thereof
which has remained unpaid, a sum equal to two per cent. of such tax each
month or part thereof after the last date by which he should have paid such
tax and shall continue to be liable to pay such penalty until the full amount
as per the bill is paid :
Provided that, any property tax for which a bill is served under this Act
before the date of commencement of the Mumbai Municipal Corporation Mah. XI
(Third Amendment) Act, 2006 has remained unpaid in full or in part and no of 2009.
penalty theron is levied under section 207A, a person who has not paid such
tax shall be liable to pay penalty as provided under this section, on and from
the date when the penalty could be levied but is not so levied.]
8
[Distress and 203. 6[(1)] If the person liable for the payment of the 7[the tax for which
attachment.]
a bill is served upon him and does not pay the tax together with penalty or
interest or both as required under the provisions of this Act to pay the same],
and if no appeal is preferred against the said tax, as hereinafter provided,
such sum, with all costs of the recovery, may be levied under a warrant in the

1
Section 200A was inserted by Mah. 7 of 2009, s. 3.
2
This word was substituted for the word “presented” by Bom. 20 of 1952, s. 8.
3
The word “three” was deleted by Mah. 11 of 2009, s. 34.
4
The proviso was added by Bom. 2 of 1911, s. 9.
5
Section 202 was substituted by Mah. 11 of 2009, s. 35.
6
Section 203 was numbered as sub-section (1) of section 203 by Bom. 8 of 1918, s. 4.
7
This portion was substituted for the portion begining with the words “the said tax” and ending with
the words “satisfaction of the Commissioner” by Mah.11 of 2009, s. 36(1)(a).
8
These words were substituted for the word “Distress” by Bom. 64 of 1953, s. 6(3).
 H 4094 (194-207)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 205

form of Schedule J, or to the like effect, to be issued by the Commissioner, by

distress and sale of the goods and chattels of the defaulter 1[or, the attachment
and sale of the immovable property of the defaulter,] or, if the defaulter
be the occupier of any premises in respect of which a property-tax is due,
by distress and sale of any goods and chattels found on the said premises
2
* * * *
3
[(2) Where the person liable to pay the tax according to the bill served
upon him pays the tax as required under the provisions of this Act but does
not pay the amount of penalty or interest or both either in whole or in part as
may be due on the unpaid amount of tax, for such amount which has remained
unpaid, a warrant in the form of Schedule J, mutatis mutandis, may be issued
by the Commissioner in the same manner as if such sums were due on account
of the tax.]
[(3) When a warrant is issued for the attachment and sale of immovable
4

property the attanchment shall be made by an order prohibiting the defaulter

from transferring or charging the property in any way, and all persons from
taking any benefits from such transfer or charge, and declaring that such
property will be sold unless the amount of 5 [ tax due, penalty or interest or
both, if any, due and payable together] with all costs of recovery is paid into
the municipal office within 6[ twenty-one days.]
[(4) Such order shall be proclaimed by fixing at some conspicuous part of
7

the property and upon a conspicuous part of the municipal office and also,
when the property is land, paying revenue to the State Government, in the
office of the Collector.]
(5) Any transfer of or charge on the property attached or any interest
therein made without the written permission of the Commissioner shall be
void as against all claims of the Corporation enforceable under the
attachment.]

204. The goods and chattels of any person liable for the payment of any Goods of
defaulter may
tax 8* * * * for levy of which a warrant has been issused as be distrained
aforesaid may be distrained wherever the same may be found. wherever
found.

205. The officer charged with the execution of a warrant of distress issued Inventory
and notice
under section 203 shall forthwith make an inventory of the goods and chattels of distress
9
* * * * which he seizes under such warrant, and shall at the same and sale.
time give a written notice in the form of Schedule K 10[ or in a similar form]
to the person in possession thereof at the time of seizure that the said goods
and chattles 11* * * * will be sold as therein mentioned.
12
[206. (1) Where the property seized is subject to speedy and natural Sale.
decay or when the expenses of keeping it in custody together with the amount
to be levied is likely to exceed its value, the Commissioner shall at once give
notice to the person in whose possession the property was, when distrained,
to the effect that it will be sold at once, and shall sell it accordingly unless
the sum due and all costs recovery are paid forthwith.

1
These words were inserted by Bom. 64 of 1953, s. 6(1).
2
The words “or if the tax be due in respect of any vehicle or animal, by distress and sale of such vehicle
or animal in whatsoever’s ownership, possession or control, as the case may be” were deleted by Mah.
11 of 2002, s.17.
3
Sub-section (2) was substituted by Mah. 11 of 2009, s. 36(2).
4
Sub-sections (3) to (5) were inserted by Bom. 64 of 1953, s. 6(2).
5
These words were subsitituted for the words “tax due ” by Mah. 11 of 2009, s. 36(3)(b).
6
These words were substituted for the figures and words “15 days”, by Mah. 11 of 2009, s. 36 (3)(b).
7
Sub-section (4) was substituted, by Mah. 11 of 2009, s. 36(4).
8
The words “or the vehicles or animals in respect of which tax is due” were deleted by Mah. 11 of 2002,
s. 18.
9
The words “and vehicle, animal” were deleted, by Mah. 11 of 2002, s. 19.
10
These words were inserted by Bom. 8 of 1942 read with Bom 8 of 1948, s. 3.
11
The words “and vehicles or animals” were deleted, by Mah. 11 of 2009, s. 37.
12
This section was substituted for the original by Bom. 64 of 1953, s. 7.
 H 4094 (194-207)—L–1
206 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) If not sold at once under sub-section (1), the property distrained or
attached or, in the case of immovable property, suffcient portion thereof, if
the same can be conveniently severed may, after the expiry of the period
stated in sub-section (3) of section 203, or named in the notice served under
section 205, as the case may be, be sold by public auction 1[, or by auction
inviting sealed bids] by order of the Commissioner, unless the Warrant is
suspended by him or the sum due and all costs of recovery are paid by the
defaulter, and the Commissioner shall apply the proceeds or such part thereof
as shall be requisite in discharge of the sum due and the costs of recovery.
(3) The surplus, if any, shall be forthwith credited to the municipal fund
but if the same be claimed by a written application to the Commissioner
within one year from the date of the sale, a refund threrof shall be made to
the person in possession of the property at the time of seizure or atttachment
and any surplus not claimed within one year as aforesaid shall be the property
of the Corporation.
(4) Where the sum due and all costs of recovery are paid by the defaulter
before a sale is effected, the property seized shall be returned to him and the
attachment, if any, of immovable property, shall be deemed to have been
removed.
(5) Sales of immovable property under this section shall be held in the
manner laid down in the regulations 2[made by the Commissioner in this
behalf with the approval of the Standing Committee.]
(6) After the sale of the immovable property as aforeasid, the Commissioner
shall put the person declared to be the purchaser in possession of the same
and shall grant him a certificate to the effect that he has purchased the
property to which the certificate refers.
(7) It shall be lawful for the Commissioner on behalf of the Corporation to
bid in the case of any immovable property put up for sale, provided the
previous approval of 3[the Improvements Committee] is obtained whether
generally or for any particular property.
(8) Subject to sub-section (7), on officer or servant in the service of the
Corporation shall directly or indireclty purchase any property at any such
sale.
(9) The Commissioner may direct the removal from the immovable property
by any police officer of any person who obstructs him in any action taken in
pursuance of sub-section (6) and may also use such force as is reasonably
necessary to effect entry on the said property.]
Fees for [207. (1) For every warrant issued and distraint or attachment made
4
warrants,
distraints under this Act, a fee shall be charged at such rates, as 5[the Standing
and Committee] may, from time to time, specify.
attachments
and (2) For the maintenance of any animal seized under this Act, a fee shall be
maintenance
of animals charged at such rate as 5[the Standing Committee] may, from time to time,
seized.
specify.
1
These words were inserted by Mah. 11 of 2009, s.38.
2
These words, were substituted for the words “made by the Mayor-in-Council” by Mah. 27 of 1999,
s. 90(a).
3
These words were substituted for the words “Mayor-in-Council”, by Mah. 27 of 1999, s. 90(b).
4
Section 207 was substituted for the original by Mah. 42 of 1976. s. 8.
5
These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 91.
 H 4094 (194-207)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 207

(3) In addition to the fees chargeable under sub-section (1) or (2), when
peons are kept in-charge of the distrained property, a fee of 1[rupees fifty]
per day, for each peon employed shall be charged.
(4) All fees charged under this section shall be include in the costs of
recovery.
207A. [Penalty] Deleted by Mah. 11 of 2009, s. 39.
208. The 2[Commissioner may, in his discretion, remit the whole or any Fees for cost
of recovery
part 3[ of any penalty payable under section 202 or of any fee chargeable 4
[and penalty
Mah. XI under section 207 or of any penalty payable under section 207A as it existed may be
of remitted].
2009. before the commencement of the Mumbai Municipal Corporation (Third
Amendment) Act, 2006.]

208A. 4[Seizure of vehicles and animals if tax on vehicles and animals not
paid and number plate not obtained]. Deleted by Mah. 11 of 2002, s. 20.
209. (1) If the sum due on account of any property-tax remains unpaid When
occupiers may
after a bill for the same has been duly 5[served on] the person primarily liable be held liable
for the payment thereof and the said person be not the occupier for the time for payment of
property taxes.
being of the premises in respect of which the tax is due, the Commissioner
may 6[serve a bill for the amount on] the occupier of the said premises, or, if
there are two or more occupiers thereof may 7[serve a bill on] each of them
for such portion of the sum due as bears to the whole amount due the same
ratio which the rent paid occupier bears to the aggregate amount of rent
paid by them both or all in respect of the said premises.
8
[(1A) Notwithstanding anything contained in sub-section (1), on and from
the date of adoption of capital value as the base for levy of property taxes
under section 140A, but subject to the other provision of this Act, the
Commissioner may serve a bill for the amount of property tax on such occupier
of the said premises, or, if there are two or more such occupiers thereof, may
serve a bill on each of them for such portion of the sum due as bears to the
whole amount of tax based on the capital value, due in the same ratio which
the capital value, of such portion of the premises of the occupier or occupiers
bears to the aggregate amount of the tax based on the capital value, in respect
of the said premises.]
(2) If the occupier or any of the occupiers fails within 9[thirty days] from
the 10[service] of any such bill to pay the amount therein claimed, the said
amount may be recovered from him in accordance with the foregoing
provisions.

1
These words were substituted for the words “ rupees ten” by Mah. 10 of 1998, s.109 (b).
2
These words were substituted for the words “ The Commissioner may, subject to general guidelines,
if any, issued by the Mayor- in-Council” by Mah. 27 of 1999, s. 92.
3
This portion was substituted for the portion begining with the words “of any fee” and ending with
the word, figures and letter “section 207A”, by Mah. 11 of 2009, s.40.
4
These words were inserted by Bom. 64 of 1953, s.10 (1).
5
These words were substituted for the words “presented to” by Bom. 20 of 1952, s. 11(1).
6
These words were substituted for the words “present a bill for the amount to”, by Bom. 20 of 1952,
7
These words were substituted for the words “present a bill to”, by Bom. 20 of 1952.
8
Sub-section (1A) was inserted by Mah. 11 of 2009, s. 41 (1).
9
These words were substituted for the words “fifteen days”, by Mah. 11 of 2009. s.41(2).
10
This word was substituted for the word “presentation” by Bom. 20 of 1952, s.11(2).
H 4094—31a
H 4094 (208-213)—L–1
208 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(3) No arrear of a property tax shall be recovered from any occupier under
this section 1***** which is due on account of any period for which the
occupier not in occupation of the premises on which the tax is assessed.

(4) If any sum is paid by or credit therefor in account with the person
primarily liable for the payment of the same.

When tenant-
2
[209A. (1) Notwithstanding anything contained in the Maharashtra Mah.
members may Co-operative Societies Act, 1960 or any other law for the time being in force, if XXIV
be held liable of 1961.
for payment of any sum due on account of any property tax, in respect of any property owned
property- taxes by a co-operative housing society registred under that Act, remains unpaid,
due from after a bill for the same has been duly served on the society primarily liable for
co-operative
housing the payment thereof, the Commissioner may serve a bill on each of the tenant-
societies. members of the society for such portion of the sum due as bears to the whole
amount due the same ratio which the rent estimated 3[or the amount of tax
based on capital value, as the case may be,] under section 154 in respect of his
tenement bears to the aggregate amount of estimated rent 4[or the amount of
tax based on capital value, as the case may be,] for the whole property.

(2) If the tenant-member fails within 5[thirty days] from the service of any
such bill to pay the amount therein claimed, the same amount may be
recovered from him as if the amount were a property tax due by him.

(3) If any sum is paid by or recovered from, a tenant-member under this

section he shall be entitled to credit thereof in account with the society
primarily liable for the payment of the same.

Explanation.—For the purposes of this section, the expression “ tenant

member ” in the case of a tenant co-partnership co-operative housing society,
means a member of such society to whom a tenement has been allotted by the
society in the building owned by it.]

When joint 6
[209B. (1) Notwithstanding anything contained in this Act or any other
owners of
property may
law for the time being in force, if any property taxes jointly due in respect of
be held liable any property jointly owned by two or more persons remains unpaid, after a bill
severally for for the same has duly been served upon them jointly, the Commissioner may
payment of
property tax
serve a bill on each of the joint owners for payment of his share of the taxes
due from them. due in respect of such property. The amount of the tax due from each joint
owner shall be worked out with reference to the rateable value 7[or the capital
value, as the case may be,] of that part of the property as is owned by him.

(2) If any of the joint owners fails to pay the amount claimed within 8[thirty
days] from the service of any such bill, the same may be recovered from him
as if the amount were a property tax due by him.

(3) If any sum is paid by or recovered from any of the owners under this
section he shall be entitled to credit thereof in account of the joint owners
primarily liable for the payment of the same.]
1
The words “which has remained due for more than one year, or” were deleted by Mah. 11 of 2009, s.
41 (3).
2
Section 209A was inserted by Mah. 63 of 1975, s.4.
3
These words were inserted by Mah. 11 of 2009. s. 42. (1) (a).
4
These words were inserted, by Mah. 11 of 2009, s. 42 (1) (b).
5
These words were substituted for the words “fifteen days”, By Mah. 11 of 2009 s. 42 (2).
6
Section 209B was inserted by Mah. 10 of 1998, s. 111.
7
8
These words were inserted by Mah. 11 of 2009, s. 43. (1).
These words were substituted for the words “fifteen days”, by Mah. 11 of 2009, s. 43 (2).
 H 4094 (208-213)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 209

210. (1) If the Commissioner shall at any time have reason to believe Summary
that any person from whom any sum is due on account of any property tax proceedings
may be taken
1
* * * * * * 2
[or theatre tax] 3
* * * against persons
is about forthwith to remove from [Brihan Mumbai] the Commissioner
4
about to leave
may direct the immediate payment by such person of the sum so due
4
[Brihan
Mumbai.]
3
* * * by him and cause a bill for the same to be 5[served on ] him.

(2) If, on 6[service] of such bill, the said person do not forthwith pay the
sum due 3* * * * by him, the amount shall be leviable by distress
and sale in the manner herein before prescribed 7* * * * * * * * * *
and the Commissioner’s warrant for distress and sale may be issued and
executed without any delay.

211. Instead of proceeding against a defaulter by distress and sale as Defaulters may
herein before provide, or after a defaulter shall have been so proceeded be sued for
arrears, if
against unsuccessfully or with only partial success, any sum due or the necessary.
balance of any sum due, as the case may be, by such defaulter, on account of
a property tax 1 * * * * * * * may be recovered from him by a suit in any
court of competent jurisdiction.

212. Property-tax due under this Act in respect of any building or land Property taxes
shall, subject to the prior payment of the land-revenue, if any, due to 8[the to be a first
charge on
9
[State] Government thereupon be a first charge 10[in the case of any building permises on
or land held] immediately from the 11[Government] upon the interest in such which they are
building or land of the person liable for such taxes and upon the goods and assessed.

chattels, if any, found within or upon such building or land, and belonging to
such person; and, in the case of any other building or land, upon the said
building or land and upon the goods and chattels, if any, found within or
upon such building or land and belonging to the person liable for such taxes.

[213. (1) The octroi 13[may be collected under the orders of the
12
Collection of
Commissioner, by] the municipal officers and servants appointed in this octroi how to
be effected.
behalf.

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful

for the 14[Standing Committee] with the approval of the Corporation, to lease
by public auction the collection of octroi for any period not exceeding one
year at a time or to appoint an agent for collection thereof.

(3) The octroi shall be collected and refunds thereof shall be made at
such places and be managed and controlled in such manner as the
15
[Commissioner with the approval of the Standing Committee] shall from
time to time, direct.]
1
The words “tax on vehicles and animals” were deleted by Mah. 11 of 2002, s. 21 and 22.
2
These words were inserted by Bom. 30 of 1951, s. 4.
3
Words deleted by s. 16 of Bom. 8 of 1942, read with Bom. 8 of 1948, s. 3 are omitted.
4
These words substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. Schedule.
5
These words were substituted for the words “presented to” by Bom. 20 of 1952, s. 12 (1).
6
This word was substituted for the word “presentation” by Bom. 20 of 1952, 12 (2).
7
The words “ except that it shall not be necessary to serve upon the defaulter any notice of demand,”
were deleted by Mah. 11 of 2009, s. 44.
8
The words “ the Provincial Government” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
9
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10
These words were inserted by Bom. 1 of 1942, s. 2, read with Bom. 8 of 1948, s. 2.
11
This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
12
Section 213 was substituted by Mah. 10 of 1998, s. 112.
13
This portion was substituted for the words “ under the order of the Mayor-in Council may be caused to
be collected by the Commissioner through” by Mah. 27 of 1999, s. 93 (a).
14
These words were substituted for the words “ Mayor-in-Council”, by Mah. 27 of 1999, s. 93 (b).
15
These words were substituted for the words “ Mayor-in-Council”, by Mah. 27 of 1999, s. 93 (c).

H 4094—31a
H 4094 (208-213)—L–1
210 Mumbai Municipal Corporation Act [ 1888 : Bom. III

214. [Repealed by Bom. VII of 1921]

215. [Power of person authorised to collect and refund town duties.]

Deleted by Mah. 32 of 1964, s. 17.

Writing-off of 216. The Commissioner may, with approval of the Standing Committee,
irrecoverable
taxes.
from time to time write off any sum due on account of any tax or of the costs
of recovering any tax, which shall, in his opinion, be irrecoverable.

Special 1
[216A. Any person who is liable to pay amount of taxes or any other
provision for dues under this Act may avail himself of the facility of making payment thereof
facility for
payment of in any bank or to any agency specified by the Corporation in this behalf by
property taxes. giving a public notice in two leading newspapers circulating within the area
of jurisdiction of the Corporation; and the person availing himself of such
facility shall be liable to pay such fees in respect thereof to such bank or
agency, as the case may be, as may be determined by the Commissioner.]

Power of 2
[216A. Notwithstanding anything contained in section 216 or any other
Corporation to
grant rebate
provisions of this Act, the Corporation may, grant such rebate, as may be
for payment of approved by the State Government, to any person or class of persons, primarily
arrears of tax. liable for payment of property tax, who pays the amount of arrears of the
property tax, as per the Schedule of payment fixed by the Corporation.]

Power to 3
[216B. Notwithstanding anything to the contrary contained in this Act
assess in cases
of escape from or the rules made thereunder, if for any reason any person liable to pay any
assessment. of the taxes or fees leviable under this Chapter has escaped assessment in
any year, the Commissioner may, at anytime within six years from the date
on which such person should have been assessed, serve on such person a
notice assessing him to the tax or fee due and demanding payment thereon
within 15 days from the date of such service; and the provisions of this Act
and the rules made thereunder shall, so far as may be, apply as if assessment
was made in the year to which the tax or fee relates.]

Appeals against Valuations and Taxes.

Appeals when 4
[217. (1) Subject to the provisions hereinafter contained, appeals against
and to whom to any rateable value 5[or the capital value, as the case may be,] or tax fixed or
lie.
charged under this Act shall be heard and determined; by the Chief Judge of
the Small Cause Court.

(2) But no such appeal by the Chief Judge of the Small Cause Court, 6[shall
be entertained] by the said Chief Judge, unless—

(a) it is brought within 7[twenty-one days] after the accrual of the cause
of complaint ;

(b) in the case of an appeal against a rateable value 8[or the capital
value, as the case may be,] a complaint has previously been made to
the Commissioner under section 163, as such complaint has been
disposed of ;
1
This section was inserted by Mah. 11 of 2009, s. 45.
2
This section was inserted by Mah. 7 of 2009, s. 4.
3
Section 216B was inserted by Mah. 11 of 2011, s. 6.
4
As to reference by the Chief Judge of the Court of Small Causes to High Court or on the hearing of an
appeal under section 217, see Act 12 of 1888, s. 2.
5
These words were inserted by Mah. 11 of 2009, s. 46 (1).
6
These words were subsuited for the words “shall be heard” by Mah. 63 of 1975, s. 5 (a) (i).
7
These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 46 (2) (a).
8
These words were inserted, by Mah. 11 of 2009, s. 46 (2) (b).
 H 4094 (208-213)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 211

(c) in the case of an appeal against any amendment made in the

assesement book under section 167 during the official year, a complaint
has been made by the person aggrieved within 1[twenty--one days] after
the first received notice of such amendment, and his complaint has been
disposed of ;

(d) in the case of an appeal against a tax, or in the case of an appeal

made against rateable value 2[or the capital value, as the case may be]
3
[the amount of the disputed tax claimed the appellant, or the amount of
the tax chargeable on the basis of the disputed rateble value 2[or the
capital value, as the case may be] upto the date of filing of the appeal,
has been deposited by the appeallant with the Commissioner 4[and such
appeal is accompained by a receipt of the full amount of tax to which
appeal relates]].

[(2A) Where the appeal is not filed in accordance with the provisions
5

of clauses (a) to (d) of sub-section (2), it shall be liable to be dismissed.]

Mah. 6
[(3) In the case of any appeal entertained by the Chief Judge, but not
LXIII of
1975. heard by him, before the date of commencement of the Maharashtra
Municipal Corporation (Amendment) Act, 1975, the Chief Judge shall not
hear and decide such appeal, unless the amount of the dispute tax claimed
from the appellant, or the amount of the tax chargeable on the basis of the
disputed rateable value, as the case may be, up to the date of filling the
appeal, has been deposited by the appellant with the Commissioner within
thirty days from the date of publication of a general notice by the
Commissioner in this behalf in the local newpapers. The Commissioner
shall simultaneously serve on each appellant a notice under sections 484
and 485 and other relevant provisions of this Act, for intimating the amount
to be deposited by the appellant with him.

(4) As far as possible, within fifteen days from the expiry of the period of
thirty days prescribed under sub-section (3) the Commisioner shall intimate
to the Chief Judge the names and other particulars of the appellants who
have desposited with him the required amount within the precribed period
and the names and other particulars of the appellants who have not deposited
with him such amount within such period. On receipt of such intimation, the
Chief Judge shall summarily dismiss the appeal of any appellant who has
not deposited the required amount with the Commissioner within the
prescribed period.
1
These words were substituted for the words “fifteen days”. by Mah. 11 of 2009, s. 46 (2)(c).
2
These words were inserted by Mah. 11 of 2009, s. 46 (2)(d)(i).
3
This portion was substituted for the portion begining with the words “after a bill” and ending with the
words “with the Commissioner” by Mah. 63 of 1975, s. 5 (a)(ii).
4
These words were inserted by Mah. 11 of 2009, s. 46 (2)(d)(ii).
5
Sub-section (2A) was inserted, by Mah. 11 of 2009, s. 46(3).
6
Sub-sections (3), (4) and (5) were inserted by Mah. 63 of 1975, s. 5(b).
H 4094 (208-213)—L–1
212 Mumbai Municipal Corporation Act [ 1888 : Bom. III

[(5) In the case of any appeal against any rateable value or property tax
1

fixed or charged under this Act, which may have been entertained by Chief
Judge before the commencement of the Act aforesaid, or which may be
entertained by him after the said date, the Chief Judge shall not hear and
decide such appeal unless the property tax, if any payable, on the basis of the
original rateable value plus eighty per centum of the property tax claimed
from the appellant on the increased portion of the rateable value of the
property out of the property tax claimed under each of the bill, which may
have been issued, from time to time, since the filling of appeal, is also
deposited with the Commissioner within the period prescribed under the
Act. In case of default by the appellant, on getting an intimation to that effect
from the Commissioner, at any time before the appeal is decided, the Chief
Judge shall summarily dismiss the appeal :

Provided that, in case the appeal is decided in favour of the Corporation,

interest at 6.25 per centum per annum shall be payable by the applicant on
the balance amount of the property tax from the date on which the amount of
property tax was payable :

Provided further that, in case the appeal is decided in favour of the

applicant and the amount of the property tax deposited with the Corporation
is more than the property tax payable him, the Commissioner shall adjust
the excess amount of the property tax with interest at 6.25 per centum per
annum for the date on which the amount is deposited with the Corporation
towards the property taxes payable thereafter.]]

Cause of 218. For the purposes of the last preceding section, cause of complaint
complaint shall be deemed to have accrued as follows, namely :—
when to be
deemed to
have accrued. (a) in the case of an appeal against a rateable value 2[or the capital value,
as the case may be,] on the date when the complaint made to the
Commissioner under section 163 against such value is disposited of ;

(b) in the case of an appeal against any amendment made in assessment-

book under section 167, during the official year, on the day when the
complaint made to the Commissioner by the person aggrieved against such
amendment is disposed of ;

(c) in the case of an appeal against a tax, on the day when payment
thereof is demanded or when a bill thereof is 3[served].

Arbitration. [218A. Where in any appeal under section 217 all the parties interested
4

agree that any matter in difference between them shall be referred to

arbitration, they may, at any time before a decision is given in such appeal,
apply in writing to the Chief Judge of the Small Cause Court for an order of
reference on such matter and on such application being made, the provisions
of 5[the Arbitration and Conciliation Act, 1996] relating to arbitration in suits 26 of
shall, so far as they can be made applicable, apply to such applicant and the 1996.
proceeding to follow thereon, as if the said Chief Judge were a
Court within the meaning of that Act and the application were an application
made in a suit.]
Appointment of [218B. If any party to an appeal against a rateable value under section
4
expert valuer.
217 make an application to the Chief Judge of the Small Cause Court either
before the hearing of the appeal or at any time during the hearing of the
appeal, but before evidence as to value has been adduced, to direct a valution
of any premises in ralation to which the appeal is made, the Chief Judge
may, in his discretion, appoint a competent person to make the valuation
and any person so appointed shall have power to enter on, survey and value
the premises in respect of which the direction is given :
1 Sub-section (5) was substituted by Mah. 10 of 1998, s. 113.
2 These words were inserted by Mah. 11 of 2009, s. 47.
3 This word was substituted for the word “presented” by Bom. 20 of 1952, s. 14.
4 Sections 218A, 218B, 218C, 218D and 218E were inserted by Bom. 76 of 1948, s. 23.
5 These words and figure were substituted for the words and figure “ the Arbitration Act, 1940” by Mah. 10 of 1998, s. 114.
 H 4094 (208-213)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 213

Provided that, except when the application is made by the Commissioner

no such direction shall be made by the Chief Judge unless the applicant gives
such security as the Chief Judge thinks proper for the payment of the costs
of valuation under this sub-section.

(2) The costs incurred for valution under sub-section (1) shall be costs of
the appeal, but shall be payable in the first instance by the applicant.

(3) The Chief Judge may, and on the application of any party to the appeal
shall, call as a witness the person appointed under sub-section (1) for making
the valuation and, when he is so called, any party to the appeal shall be
entitled to cross-examine him.]
1
[218BA. On and from the date of adoption of capital value as the base, Section 218B
for levy of property taxes under section 140A, the provisions of section 218B not to have
effect.
shall cease to have effect.].
2
[218C. (1) If, before or on the hearing of an appeal under section 217, any Referance to
question of law or usage having the force of law, or the construction of a High Court.
document arises, the Chief Judge of the Small Cause Court may, and on the
application of any party to the appeal shall, draw up a statement of the facts
of the case and the question so arising, and refer the statement with his own
opinion on the point for the decision of the High Court.

(2) Where a reference is made to the High Court under sub-section (1),
the provision of rules 2 to 5, both inclusive, of Order XLVI in the First
Schedule to the Code of Civil Procedure, 1908, shall, so far as they can be
V of made applicable apply to the said Chief Judge and to the High Court,
1908. respectively.]
2
[218D. (1) An appeal shall lie to the High Court— Appeals.

(a) from any decision of the Chief Judge of the Small Cause Court in an
appeal under section 217 by which a rateable value 3[ or the capital value,
as the case may be,] is fixed, and

(b) from any other decision of the said Chief Judge in an appeal under
the said section, upon a question of law or usage having the force of law or
the construction of a document.

V of (2) The provisions of the Code of Civil Procedure, 1908, with respect to
1908. appeals from original decrees shall, so far as they can be made applicable
apply to appeals under sub-section (1) and orders passed therein by the High
Court may on application to the said Chief Judge be executed by him as it
they were decrees made by himself :

Provided that, no such appeal shall be heard by the High Court unless it is
filed within one month from the date of the decision of the Chief Judge.]
2
[218E. The costs of all proceedings in appeal under section 217 before Cost of
the Chief Judge of Small Cause Court including those of arbitration under proceedings in
appeal.
section 218A and of valuation under section 218B shall be payable by such
parties in such proportion as the Chief Judge of the Small Cause Court shall
direct and the amount thereof shall, if necessary, be recoverable as if the
same were due under a decree of the Small Cause Court.]

1
Section 218BA was inserted by Mah. 11 of 2009 s. 48.
2
Sections 218A, 218B, 218C, 218D and 218E were inserted by Bom. 76 of 1948, s. 23.
3
These words were subsuited for the words “ in excess of two thousand rupees ” by Mah. 11 of 2009,
s. 49.
 H 4094 (214-240)—L–1
214 Mumbai Municipal Corporation Act [1888 : Bom. III

Unappealed 219. (1) Every reteable value 1[or the capital value, as the case may be,]
values and
taxes and fixed under this Act against which no complaint is made as hereinbefore
decision to provided, and
appeal to be
final. the amount of every sum claimed from any person under this Act on account
of any tax, if no appeal therefrom is made as hereinbefore provided, and
the decision of the Chief Judge aforesaid upon any appeal against any such
value or tax 2[if no appeal is made therefrom under section 218D], shall be
final.
(2) Effect shall be given by the Commissioner to every decision of the said
Chief Judge on any appeal against any such value or tax.
Assessment 3
[219A. (1) Notwithstanding anything contained in sections 217, 218, 218A,
subject to
valuation or 218B, 218BA, 218C, 218D, 218E and 219, every rateable value or the capital
revision by value, as the case may be, shall be subject to the valuation or revision by the
Municipal Maharashtra Municipal Property Tax Board established under section 3 of Mah.
Property Tax XIV of
Board. the Maharashtra Municipal Property Tax Board Act, 2011 (hereinafter 2011.
referred to as “the Municipal Property Tax Board”).
(2) Notwithstanding anything contained in this Act, no appeal against
rateable value or the capital value, as the case may be, or tax fixed or charged
under this Act shall lie to the Chief Judge of the Small Causes Court, when
the subject matter of such rateable value, or the capital value or tax fixed or
charged under this Act is under consideration of the Municipal Proerty Tax
Board and where any such appeal is already preferred or reference under
section 218C is already made, the same shall, upon proceedings being initiated
by the Board, stand transferred to and be dealt with by the Municipal Property
Tax Board.]
Certain [ [219AB]. The provisions of sections 128, 140A, 154A, 156 and 168, as
4 5
provisions to
have amended by the Maharashtra Municipal Corporations and Municipal Councils Mah.
XXVII of
overriding (Third Amendment) Act, 2010 6[the Maharashtra Municipal Corporations and 2010.
effect. Municipal Councils (Amendment) Act, 2011 or the Mumbai Municipal Mah. XI
of 2011.
Corporation and the Maharashtra (Urban Areas) Protection and Presention
Mah. VI
of Trees (Amendment) Act, 2012, as the case may be], shall have effect of 2012.
notwithstanding anything inconsistent contained in Chapter VIII or in any
other provisions of this Act, or in any judgement, decree or order of any
court.]
CHAPTER IX
DRAINS AND DRAINAGE WORKS
Municipal Drains
Municipal 220. All drains [vesting in or] belonging to the corporation-which in this
7
drains to be
under the Act are referred to as “Municipal drains”–shall be under the control of the
control of the
Commissioner. Commissioner.

Vesting of [220A. (1) Any natural water-course heretofore belonging to

8
water courses.
[Government] by which rain water or drainage of any kind is carried, may,
9

1
These words were inserted by Mah. 11 of 2009, s. 49.
2
This portion was inserted by Bom. 76 of 1948, s. 24.
3
This section was inserted by Mah. 14 of 2011, Sch. Para I.
4
This section was inserted by Mah. 27 of 2010, s. 9.
5
This section was re-numbered by Mah. 6 of 2012, s. 10.
6
These words, brackets and figures were substituted by Mah. 6 of 2012, s. 10.
7
These words were inserted by Bom. 5 of 1905, s. 10.
8
Section 220A was added, by Bom. 5 of 1905, s. 11.
9
This word was subsituted for the words “His Majesty.” by the Adaptation of Laws Order, 1950.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 215

on application to 1[the 2[State] Government] made by the Commissioner with

the previous approval of the 3[Standing Committee] be vested in the
corporation, Provided that—

(a) it shall be in the discretion of 1[the 2[State] Government] in each case to

determine whether a particular water-course so applied for shall be so vested,
and

(b) a resolution of 1[the 2[State] Government] declaring that a water-course

so applied for may be made over to the corporation shall, from the date thereof,
operate to vest such water-course in the corporation.

221. 4[(1) The commissioner shall maintain and keep in repair all municipal Drains to be
constructed
drains and, when authorised by the corporation in this behalf, shall construct and kept in
such new drains as shall from time to time be necessary for effectually draining repair by the
5
[Brihan Mumbai.] Commissioner.

6
[(2) The Commissioner shall also, in the case of any street in which there is
a municipal drain, construct at the charge of the municipal fund such portion
of the drain of any premises to be connected with such municipal drain as it
shall be necessary to lay under any part of such street and the portion of any
connectioning drain so laid under the street shall vest in the corporation and
be maintained and kept in repair by the Commissioner as a Municipal drain.]

222. (1) The Commissioner may carry any Municipal drain through, across Powers for
or under any street, or any place laid out as or intended for a street ; or under making
drains.
any cellar or vault which may be under any street, and, after giving reasonable
notice in writing to the owner or occupier, into, through or under any land
whatsoever within 7[Brihan Mumbai], or, for the purpose of out fall or
distribution of sewage without 7[Brihan Mumbai].

(2) The Commissioner may enter upon, and construct any new drain in the
place of an existing drain, in any land wherein any municipal drain has been
already lawfully constructed or repair or alter any municipal drain so
constructed.

(3) In the exercise of any power under this section, as little damage as can
be, shall be done, and compensation shall be paid by the Commisisoner to any
person who sustains damage by the exercise of such power.

223. (1) Without the written permission of the Commissioner no building Buildings,
etc., not to
wall or other structure shall be newly erected, and no street or railway shall be erected
be constructed over any municipal drain. without
permission
over drains.

1
The words “Provincial Government” were substiuted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
2
This word was substiuted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
3
These words were subsituted for the words “ Mayor-in-council ” by Mah. 27 of 1999, s. 94.
4
Section 221 was re-numbered as section 221, sub-section (1), by Bom. 5 of 1905, s. 12 (1).
5
These words were subsituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
6
Sub-section (2) was inserted by Bom. 5 of 1905, s. 12(2).
7
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

H 4094—32
 H 4094 (214-240)—L–1
216 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) If any building wall or other structure be so erected or any street or

railway be so constructed, the Commissioner may, with the approval of the
1
[Standing Committee], remove or otherwise deal with the same as he shall
think fit, and the expenses thereby incurred shall be paid by the person
offending.

Alteration and 224. (1) The Commissioner may enlarge, arch over or otherwise improve
discontinuance
of drains. any Municipal drain, and may discontinue, close up or destroy any such drain
which has, in his opinion, become useless or unnecessary.

(2) Provided that the discontinuance, closing up or destruction of any drain

shall be so done as to create the least practicable nuisance or inconvenience
to any person and, of by reason of anything done under this section any person
is deprived of the lawful use of any drain, the Commissioner shall, as soon as
may be provide for his use some other drain as effectual as the one which has
been discontinued, closed up or destroyed.

Cleansing 225. (1) The Municipal drains shall be so constructed, maintained and
drains.
kept as to create the least practicable nuisance and shall be from time to
time properly flushed, cleansed and emptied.

(2) For the purpose of flushing, cleansing and emptying the said drains,
the Commissioner may, when authorised by the corporation in this behalf,
construct or set up such reservoirs, sluices, engines and other works, as he
shall from time to time deem necessary.

Powers of [226. (1) For the purpose of carrying sewage or storm water, the
2
Commissioner
to dig, Commissioner may dig, construct and maintain a tunnel or tunnels below
construct and
maintain
any land, whether such land is built upon or is vacant, and undertake related
tunnels below works and do such other acts as he deems necessary for digging, construction
any land and
to undertake and maintaining such tunnel or tunnels and undertaking other related works.
related works
for carrying
sewage or (2) Before digging and construction of any tunnel, or any other related
storm water.
work is undertaken, by the Commissioner under sub-section (1), he shall cause
to be published in the local newspapers in English, Marathi, Hindi,
Gujrati and Urdu a notice-intimating his intention to dig, construct and
maintain such tunnel and to undertake and maintain other related work. Such
notice shall indicate the alignment and the depth and the length
and circumference of the tunnel and the buildings under which such tunnel is

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 95.
2
Sections 226 and 226A which were repealed by Bom. V of 1905, were inserted by Mah. 37 of 1987,
s. 7.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 217

proposed to be constructed and maintained and other related works such

are proposed to be undertaken and maintained. Such notice shall also specify
the date, which shall not be earlier than sixty days from the date of its
publication in the local newspapers, on or after which the digging and
construction of the tunnel is proposed to be started or such related work is
proposed to be undertaken :
Provided that, simultaneously with the publication of such notice in the
newspapers the Commissioner shall, by a notice served in the manner
provided in sections 484 and 485, call upon the owner of, or any other person,
who in the opinion of the Commissioner, may be interested in the land below
which such tunnel is to be dug and constructed or such related work is to be
undertaken, to show cause within thirty days from the date of its publication
in the local newspapers, why such tunnel should not be constructed and such
related work should not be undertaken. After considering the cause, if any,
shown by the owner of or such other person interested in, such land, and
after giving a reasonable opportunity to the person concerned of being heard,
the Commissioner may pass such orders as he deems fit.
(3) Any person aggrieved by any order passed by the Commissioner under
sub-section (2), may within thirty days from the receipt of such order refer
the matter for the decision of the Chief Judge of the Small Cause Court,
whose decision shall be final and shall not be called in question in any suit or
other legal proceeding in any Court :
Provided that, the Chief Judge shall not entertain any such reference which
is not made to him within the period specified in this sub-section and he
shall summarily dismiss such reference.
(4) Where a reference is made to the Chief Judge under sub-section (3)
within the specified period and a notice thereof is served by the party
concerned on the Commissioner, the Commissioner shall not commence the
digging and construction of the tunnel or undertake any related work, unless
the Chief Judge has summarily dismissed such reference or has decided the
reference and allowed the digging and construction of such tunnel and
undertaking of such related work.
226A. (1) In exercise of the powers conferred by the last preceding Provision for
payment of
section, as little damage as possible shall be done, and when the Commissioner amount for
has exercised those powers in respect of any property, other than the property any damage
sustained by
vested in or belonging to the Government or any local authority, the reason of
Commissioner shall, after giving a reasonable opportunity to the person powers to
concerned of being heard by order determine the amount payable to them, or construct
tunnels, etc.,
any damage sustained by them by reason of the exercise of those powers. under last
(2) Any person aggrieved by any order passed by the Commissioner under preceding
section.
sub-section (1) may, within thirty days from the receipt of such order, refer
the matter for the decision of the Chief Judge of the Small Cause Court,
whose decision shall be final and shall not be called in question in any suit,
or other legal proceeding in any Court :
Provided that, the Chief Judge shall not entertain any such reference, which
is not made to him within the period specified in this sub-section and he
shall summarily dismiss such reference.
(3) Nothing contained in sub-sections (1) and (2) shall debar or prevent
the Commissioner from continuing the digging, construction and maintenance
of the tunnel or any other related work which he has undertaken in accordance
with the decision of the Chief Judge under the last preceding section].
H 4094—32a
 H 4094 (214-240)—L–1
218 Mumbai Municipal Corporation Act [1888 : Bom. III

Power to 227. The owner of a private street shall be entitled to connect the drain
connect drains
of private of such street with a municipal drain, subject to the following conditions,
streets with namely :—
municipal
drains. (a) before commencing to contruct such drain, the owner of the street
shall submit to the Commissioner a plan of the street, bearing the signature
of a licenced surveyor in token of its having been made by him or under his
supervision, and drawn, to such a convenient scale as the Commissioner
shall require, and there shall be shown on such plan the position, course
and dimensions of the proposed drain, with a section or sections thereof,
and such other particulars in relation thereto as the Commissioner shall
deem necessary and require, and no such drain shall be proceeded with,
without the approval in writing or contrary to the direction of the
Commissioner;
(b) the drain of such private street shall, at the expense of the owner of
the street be constructed of such size, material and description and be
branched into the municipal drain in such manner and form of
communication, in all respect as the Commissioner, with the approval of
the 1[Standing Committee] shall direct;
(c) the Commissioner may, if he thinks fit, construct such part of such
drain and such part of the work necessary for branching the same into the
municipal drain as shall be in or under any public street or place vesting
in the corporation and, in such case, the expenses incurred by the
Commissioner shall be paid by the owner of the private street.
Power of 228. The owner or occupier of any premises shall be entitled to cause his
owners and drain, to empty into a municipal drain 2[or other place legally set apart for
occupiers of
premises to the discharge of drainage,] provided that he first obtains the written
drain into permission of the Commissioner and that he complies with such conditions
municipal
drains.
as the Commissioner prescribes as to the mode in which and superintendence
3
under which [connections with municipal drains or other places aforesaid]
are to he made.
Connections 229. No person shall, without complying with the provisions of section
with municipal 227 or 228, as the case may be, make or cause to be made any connection of a
drains not to
be made
drain, belonging to himself or to some other person with any municipal drain
except in
2
[or the place legally set apart for the discharge of drainage]; and the
4
conformity Commisioner may * * * close, demolish, alter or re-make any such
with section
227 or 228. connection made in contravention of this section, and the expenses incurred
by the Commissioner in so doing shall be paid by the owner of the street, or
the owner or occupier of the premises, for the benefit of which the connection
was made, or by the person of offending.
Buildings etc., 5
|229A. (1) Without the written permission of the Commissioner no
not to be building wall or other structure shall be newly erected over any drain.
erected
without (2) If any building, wall or other structure be so erected, the Commissioner,
premission
over any
after giving the offending person ten days’ notice of his intention, may
6
drains. * * * remove or otherwise deal with the same as he shall think fit, and
the expenses thereby incurred shall be paid by the person offending.]

1
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999; s. 96.
2
These words were inserted by Bom. 5 of 1905, s. 14 (1).
3
These words were substituted for the original words, by Bom. 5 of 1905, s. 15.
4
The words “with the approval of the Standing Committee” were deleted by Mah. 21 of 1989, s 30.
5
This section was inserted by Bom. 8 of 1918, s. 5.
6
The words “apply for the approval of the Standing Committee and may with their approval” were
deleted by Mah. 21 of 1989,. s. 31.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 219

230. (1) If it shall appear to the Commissioner that the only means or Right of
owners and
the most convenient means, by which the owner or accupier of any premises occupiers of
1
can cause his drain to empty into a municipal drain [or other place legally premises to
carry drains
set apart for the discharge of drainage] is by carrying the same into, through through land
or under any land belonging to some person other than the said owner or belonging to
occupier, the Commissioner, after giving to the owner of the land a reasonable other persons.
2
opportunity of standing any objection may, with the approval of the [Standing
Committed] if no objection is raised, or if any objection which is raised appears
to him invalid or in sufficient, by an order in writing, authorise the said
owner or occupier to carry his drain into, through or under the said land in
such manner as he shall think fit to allow.
(2) Every such order, bearing the signature of the Commissioner, shall be
a complete authority to the person, in whose favour it is made, or to any
agent or person employed by him for this purpose, after giving to the owner
of the land reasonable written notice of his intention so do, to enter upon the
said land with assistants and workmen, at any time between sunrise and
sunset and to execute the necessary work.
(3) Subject to all other provisions of this Act, the owner or occupier of any
premises or any agent or person employed by him for this purpose, may after
giving to the owner of any land wherein a drain has been already lawfully
constructed for the drainage of his said premises reasonable written notice
of his intention so to do, enter upon the said land with assistants and
workmen, at any time between sunrise and sunset, and construct a new drain
in the place of the existing drain or repair or alter any drain so constructed.
(4) In executing any work under this section, as little damage as can be
shall be done, and the owner or occupier of premises 3[for the benefit of which]
the work is done shall—
(a) cause the work to be executed with the least practicable delay ;
(b) fill in, reinstate and make good, at his own cost and with the least
practicable delay, the ground or portion of any building or other
construction, opened, broken up or removed for the purpose of executing
the said work :
(c) pay compensation to any person who sustains damage by the
execution of the said work.
(5) If the owner of any land, into, through or under which a drain has been
carried under this section whilst such land was unbuilt upon, shall, at any
time afterwards, desire to erect a building on such land, the Commissioner
2
shall, with approval of the [Standing Committee] by written notice, require
the owner or occupier of the premises for the benefit of which such drain was
constructed to close, remove or divert the same in such manner as shall be
4
approved by the [said Committee] and to fill in, reinstate and make good the
land as if the drain had not been carried into, through or under the same :
Provided that no such requisition shall be made, unless, in the opinion of
2
the [Standing Committee], it is necessary or expedient, in order to admit of
the construction of the proposed building or the safe enjoyment thereof, that
the drain be closed, removed or diverted.

1
These words were inserted by Bom. 5 of 1905, s. 14(1).
2
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999; s. 97(a).
3
These words were substituted for the original words by Bom. 5 of 1905, s.16.
4
These words were substitued for the words “said Member-in-charge” by Mah. 27 of 1999, s. 97(b).
 H 4094 (214-240)—L–1
220 Mumbai Municipal Corporation Act [1888 : Bom. III

Owner of land 1
to allow others [230A. Every owner of land shall be bound to allow any person, in whose
to carry drains
through the land.
favour an order has been made under section 230, sub-section (1), to carry a
drain into, through or under the land of such owner on such terms as may be
prescribed in such order.]
Commissioner
may enforce
231. Where any premises are, in the opinion of the Commissioner, without
drainage of sufficient means of effectual drainage and a municipal drain of some place
undrained
premises situate legally set apart for the discharge of drainage is situated at a distance not
within a hundred
feet of a
exceeding one hundred feet from some part of the said premises, the
municipal drain. Commissioner may, by written notice, require the owner or occupier of the
said premises—
(a) to make a drain of such material, size and description and laid at
2
such level [and according to such alignment] and with such fall and outlet
as may appear to the Commissioner necessary, emptying into such municipal
drain or place aforesaid :
3
[Provided that where any premises have already been drained under
municipal rules and have to be re-drained, no such requisition shall be made
4
without the previous sanction of [the Standing Committee];
(b) to provide and set up all appliances and fittings as may appear to the
Commissioner necessary for the purposes of gathering and receiving the
drainage from, and conveying the same off, the said premises and of
effectually flushing such drain and every fixture connected therewith ;
(c) to remove any existing drain, or other appliance or thing used or
intended to be used for drainage, which is injurious to health.
Commissioner 232. (1) Where any premises are, in the opinion of the Commissioner,
may enforce
drainage of without sufficient means of effectual drainage, but no municipal drain or such
undrained
premises not
place as aforesaid is situated at a distance not exceeding one hundred feet
situate within a from some part of the said premises, the Commissioner may by written notice,
hundred feet of
a municipal require the owner or occupier of the said premises—
drain. 5
[(a) to construct a drain up to a point to prescribe in such notice, but into
distance more than one hundred feet from some part of the said premises, or
(b) to construct a closed cesspool of such material, size and description in
such position, at such level, and with allowance for such all as the
Commissioner thinks necessary, and drain or drains emptying into such
cesspool.]
6
[(2) Any requisition for the construction of any drain under sub-section (1)
may comprise any detail specified in clause (a), (b) or (c) of section 231.]
7
Power of [232A. (1) Where the Commissioner is of opinion that any group or block
Commissioner to
drain premises in of premises, any part of which is situate within one hundred feet of a municipal
combination.
drain, or other place legally set for the discharge of drainage, already existing
or about to be constructed, may be drained more economically or
advantageously in combination than separately, the Commissioner may, with
8
the approval of [the Standing Committee] cause such group or block of
premises to be drained by such method as appears to the Commissioner to be
best suited therefor, and the expense incurred by the Commissioner in so
doing shall be paid by the owners of such premises in such proportions as
8
[the Standing Committee] may think fit.
1
This section was inserted by Bom. 8 of 1898, s. 6.
2
These words were lnserted by Bom. 5 of I905, s. 17 (b).
3 1
These proviso was added, by Bom. 5 of I905, s. 17 (d).
4
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 98.
5
These words were substituted for the original words by Bom. 5 of 1905, s. 18(a).
6
Sub-section (2) was substituted for the orginal sub-section, by Bom. 5 of 1905, 18(b).
7
Section 232A was inserted, by Bom. 5 of 1905, s. 19.
8
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 99.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 221

(2) Not less than fifteen days before any work under this section is
commenced, the Commissioner shall give written notice to the owners of all
the premises to be drained, of—
(a) the nature of the intended work,
(b) the estimated expenses thereof, and
(c) the proportion of such expenses payable by each owner.
(3) The owners for the time being of the several premises constituting
a group or block drained under sub-section (1) shall be the joint owners of
every drain, constructed, erected or fixed, or continued, for the special use
and benefit only of such premises, and shall, in the proportion in which it is
determined that the owner of such premises, are to contribute to the expenses
incurred by the Commissioner under sub-section (1), be responsible for the
expenses of maintaining every such drain in good repair and efficient
condition, but every such drain shall from time to time be flushed, cleaned
and emptied by the Commissioner at the charge of the Municipal fund.]
233. (1) Where a drain connecting any premises with a municipal drain Commissioner
1 may close or
[or other place legally set apart for the discharge of drainage] is sufficient limit the use
for the effectual drainage of the said premises and is otherwise of existing
unobjectionable, but is not, in the opinion of the Commissioner, adapted to private drains.
the general drainage system of 2[Brihan Mumbai] or the part of 2[Brihan
Mumbai] in which such drain is situated], the Commissioner, with the
approval of 3[the Standing Committee], may—
(a) subject to the provision of sub-section (2) close, discontinue or destory
the said drain and cause any work necessary for that purpose to be done;
4
[(b) direct that such drain shall, from such date as he prescribes in this
behalf be used for sullagc and sewage only, or for rain-water only or for
unpolluted sub-soil water only, or for both rain-water and unpolluted sub-
soil water only and by written notice require the owner or occupier of the
premises to make an entirely distinct drain for rain-water or unpolluted
sub-soil water, or for both rain-water and unpolluted sub-soil water, or for
sullage and sewage.]
(2) No drain may he closed, discontinued or destroyed by the Commissioner
under clause (a), except on condition of his providing another drain-as
effectual 5[or the drainage of the premises and communication with any
municipal drain for other place aforesaid] which the Commissioner thinks
fit; and the expenses of the construction of any drain so provided by the
Commissioner and of any work done under clause (a) shall be paid by the
Commissioner.
(3) Any requisition made by the Commissioner under clause (b) may embrace
any detail specified in clause (a) or clause (b) of section 231.
6
[233A. Subject to the provisions of sub-section (2) of section 221 every Vesting and
drain which has been constructed. 7 [laid], erected or set up, whether at the maintenance of
drains for sole
expenses of the corporation or not, or which is continued, for the sole use use of
and benefit of any premises 8[or group of premises] shall- properties.

(a) notwithstanding anything contained in section 242, vest in the owner

of such premises 9[or group of premises] on and from the thirtieth day of
September 1905 ; and
1
These words were inserted by Bom. 5 of 1905, s. 14(1).
2
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2 Schedule.
3
These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 100.
4
This clause was substituted for the original clause (b) by Bom. 5 of 1905, s. 20 (d)
5
These words were inserted, by Bom. 5 of 1905, s. 14(2).
6
Section 233A was inserted, by Bom. 5 of 1905, s. 21.
7
The word “laid” was inserted by Bom. 7 of 1918, s. 7 (a).
8
These words were inserted, by Bom. 7 of 1918, s. 7(d).
9
These words were inserted, by Bom. 7 of 1918, s. 7(e).
 H 4094 (214-240)—L–1
222 Mumbai Municipal Corporation Act [1888 : Bom. III

1
[(b) be provided with all such further appliances and fittings as may appear
to the Commissioner necessary for the more effectual working of the same,
and also be maintained in good repair and efficient condition by the owner of
such premises or group of premises, and be from time to time flushed, cleaned
and emptied by the Commissioner at the charge of the municipal fund.]
New building not 234. (1) It shall not be lawful newly to erect any building, or to rebuild any
to be erected
without drains. building, or to occupy any building newly erected or rebuilt, unless and until—
(a) a drain be constructed of such size, materials and description, at
such level and with such fall, as shall appear to the Commissioner to be
necessary for the effectual drainage of such building ;
(b) there have been provided for and set up in such building and in the
premises appurtenant thereto, all such appliances and fitting as may appear
to the Commissioner to be necessary for the purposes of gathering and
receiving the drainage from, and conveying the same off, the said building
and the said premises, and of effectually flushing the drain of the said
building and every fixture connected therewith.
(2) The drain to be constructed as aforesaid shall empty into a municipal
drain or into some place legally set apart for the discharge of drainage situated
at a distance not exceeding one hundred feel from 2[the premises in which
such building is situated] ; but if no such drain or place is within that distance,
then such drain shall empty into such cesspool as the Commissioner directs.
Excrementitious 235. No person shall, except with the permission of the Commissioner,
matter not to
be passed into pass or cause or permit to be passed any excrementitious matter into any
cesspool. cesspool made or used under section 232 or section 234, or into any drain
communicating with any such cesspool.
Obligation of 236. Every owner of a drain connected with a municipal drain 3[or other
owners of drains
to allow use place legally set apart for the discharge of drainage] shall be bound to allow
thereof or joint
ownership therein the use of it to others, or to admit other persons as joint owners thereof, on
to others.
such terms as may be prescribed under section 228.

How right of use 237. Any person desiring to drain his premises into a municipal drain,
or joint
ownership of a through a drain of which he is not an owner, may make a private arrangement
drain may be
obtained by a with the owner for permitting his use of the drain, or may apply to the
person other
than the owner. Commissioner for authority to use such drain or to be declared joint owner
thereof.
Commissioner
may authorise
238. (1) 4[ Where the Commissioner is of opinion, whether on receipt
person other of such application or otherwise, that the only, or the most convenient,
than the owner
of drain to use means by which the owner or occupier of any premises can cause the drain of
the same or
declare him to such premises to empty into a municipal drain or other place legally set
be joint owner
thereof. apart for the discharge of drainage is through a drain communicating
with such municipal drain or place aforesaid, but belonging to
some person other than the said owner or occupier] the Commissioner, after
giving the owner of the drain a reasonable opportunity of stating any
objection thereto, may with approval of 5[ the Standing Committee]
if no objection is raised or if any objection which is raised appears
to him invalid or insufficient, by an order in writing either authorise the

1
This clause was substituted for the original clause (b) by Bom. 8 of 1918, s. 7(d).
2
These words were substituted for the original words by Bom. 5 of 1905 ; s. 22.
3
These words were inserted,by Bom. 5 of 1905, s. 14(1).
4
These words were substituted for the original words, by Bom. 5 of 1905, s. 23(a).
5
These words were substituted for the words by “the Member-in-charge” by Mah. 27 of 1999, s. 101.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 223

1
[said owner or occupier] to use the drain or declare him to be joint owner
thereof, on such conditions as to the payment of rent or compensa-tion and as
to connecting the drain of the 1[said premises] with the 2[communicating
drainl and as to the respective responsiblities of the parties for
maintaining, repairing, flushing, cleaning and emptying the joint drain, or
otherwise, as may appear to him equitable.

(2) Every such order bearing the signature of the Commissioner shall be
complete authority to the person in whose favour it is made, or to any agent or
person employed by him for this purpose, after giving or tendering to the
owner of the drain the compensation or rent specified in the said order and
otherwise fulfilling as far as possible, the conditions of the said order, and
after giving to the owner of the drain reasonable written notice of his intention
so to do, to enter upon the land in which the said drain is situate, with assistants
and workmen, at any time between sunrise and sunset, and, subject to all
provisions of this Act to do all such things as may be necessary for—

(a) connecting the two drain; or

(b) renewing, repairing or altering the connection ; or

(c) discharging any responsibility attaching to the person in whose favour

the Commissioner’s order is made for maintaining, repairing, flushing,
cleaning or emptying the joint drain or any part thereof.

(3) In respect of the execution of any work under sub-section (2), the person
in whose favour the Commissioner’s order is made shall be subject to the same
restriction and liabilities which are specified in sub-section (4) of section 230.

239. Whenever it is provided in this Chapter that steps shall or may be Sewage and
rain-water
taken for the effectual drainage of any premises, it shall be competent to the drains to be
Commissioner to require that shall be one-drain for sullage, excrementitious distinct.
matter and polluted water and another an entirely distinct drain for rain water
and unpolluted sub-soil water or for both rain-water and unpolluted sub-soil
water each emptying into separate municipal drains 3[or other places legally
set apart, for the drainage] or other suitable places.

240. Except with the written permission of the Commissioner, and in Drains not to
pass beneath
conformity with such conditions as shall be prescribed by 4[the Standing building.
Committee], either generally or specially in this behalf no drain shall be so
constructed as to pass beneath any part of a building.
5
[241. No person shall construct a cesspool— Position of
cesspools.
(a) beneath any part of any building, or within twenty feet of any lake, tank,
reservoir, stream, spring or well; or

(b) upon any site or in any position which has not been approved in writing
by the Commissioner].

1
These words were substituted for the original words by Bom. 5 of 1905, s. 23 (b) (i).
2
These words were substituted for the original words, by Bom. 5 of 1905, s. 23 (b) (ii).
3
These words were inserted, ibid., 14 (1).
4
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 102.
5
Section 241 was substituted for the original section by Bom. 5 of 1905, s. 2.

H 4094—33
 H 4094 (214-240)—L–1
224 Mumbai Municipal Corporation Act [1888 : Bom. III

Right of
Corporation to
242. All drains, ventilation-shafts and pipes and all appliances and fittings
drains, etc. connected with drainage works constructed, erected or set up at the charge
constructed, etc.
at charge of of the municipal fund upon premises not belonging to the corporation,
municipal fund on
premises not
whether before or after the passing of this Act, and 1[otherwise than for the
belonging to the sole use and benefit of the said premises], shall unless the corporation has
corporation.
otherwise determined or shall at any time otherwise determine, vest, and be
deemed to have always vested, in the corporation.
All drains and 243. (1) Every drain and cesspool, whether belonging to the corporation
cesspools to be
properly covered or to any other person, shall be provided with proper traps and coverings
and ventilated.
and with proper means of ventilation.
(2) The Commissioner may, by written notice require the owner of any
drain or cesspool not belonging to the corporation to provide and apply to
the said drain or cesspool such trap and covering and such means of ventilation
as would be provided and applied if such drain or cesspool, belonged to the
corporation.
Affixing of pipes 244. (1) For the purpose of ventilating any drain or cesspool, whether
for ventilation of
drains, etc. belonging to the corporation or to any other person, the Commissioner may
erect upon any premises or affix to the outside of any building or to any tree
any such shaft or pipe as shall appear to the Commissioner necessary 2[and
cut through any projection from any building (including the leaves of any
roof thereof) in order to carry up such shaft or pipe through any such projection ;
and lay in, through, or under any land, such appliances as may in the opinion
of the Commissioner be necessary for connecting such ventilating shaft or
pipe with the drain or cesspool intended to be ventilated]:
(2) Provided that any shaft or pipe so erected or affixed shall—
(a) be carried at least 3[fifteen] feet higher than any sky-light or window
situated within a distance of 4[forty] feet therefrom ;
(b) if the same be affixed to a wall supporting the leave of a roof, be
carried atleast five feet higher than such leave ;
(c) be erected or affixed so as to create the least practicable nuisance or
inconvenience to the inhabitants of the neighbourhood ;
(d) be removed by the Commissioner to some other place, at any time
the owner of the premises, building or tree upon or to which the same has
been erected or affixed is desirous of effecting any change in his property
which either cannot be carried out or cannot, without unreasonable
inconvenience be carried out, unless the shaft or pipe is removed.
(3) If the Commissioner declines to remove a shaft or pipe under clause
(d), the owner of the premises, building or tree, upon or to which the same
has been erected or affixed, may apply to the Chief Judge of the Small Cause
Court ; and the said Chief Judge may, after such inquiry as he thinks fit to
make, direct the Commissioner to remove the shaft
or pipe and it shall be incumbent on the Commissioner to obey such order.

1
These words were substituted for the original words by Bom. 5 of 1905, s.25.
2
These words were added, by Bom. 5 of I905, s. 26(a).
3
The word “fifteen” was substituted for the word “ten”,by Bom. 5 of I905, s. 26(b).
4
The word “forty” was substituted for the word “twenty”by Bom. 5 of I905, s. 26(c).
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 225

[(4) Where the owner of any building or land cut through, opened or
1

otherwise dealt with under sub-section (1) is not the owner of the drain or
cesspool intended to be ventilated, the Commissioner shall, so far as is
practicable, reinstate and make good such building, and fill in and make good
such land, at the charge of the municipal fund.]

Disposal of Sewage.
245. The Commissioner may cause all or any municipal drains to empty Appointment
of place for
into the sea or other place, whether within or without 2[Brihan Mumbai] and emptying of
dispose of the sewage at any place, whether within or without 2[Brihan drains and
disposal of
Mumbai], and in any manner, which he shall deem suitable for such sewage.
purpose :
Provided that—
(a) the Commissioner shall not cause any municipal drain to empty into
any place into which a municipal drain has not heretofore emptied, or
dispose of sewage at any place or in any manner at or in which sewage has
not heretofore been disposed of, without the sanction of the corporation ;
(b) any power conferred by this section shall he exercised in such manner
as to create the least practicable nuisance :
(c) no municipal drain shall be made to empty into any place, and no
sewage shall be disposed of at any place or in any manner which 3[the
4
[State] Government] shall think fit to disallow.
246. (1) For the purpose of receiving, storing, disinfecting, distributing or Provision of
means for
otherwise disposing of sewage, the Commissioner may, when authorized by disposal
the corporation in this behalf— sewage.
2
(a) construct any work within or without [Brihan Mumbai] ;
(b) purchase or take on lease any land, building, engine, material or
2
apparatus either within or without [Brihan Mumbai] ;
(c) enter into an arrangement with any person for any period not
exceeding twenty years, for the removal or disposal of sewage 5[ within or
without 2[Brihan Mumbai].]
(2) Provided that any power conferred by this section shall be exercised
in such manner as to cause the least practicable nuisance.

Water-closets, Privies, Urinals, etc.

[246A. (1) It shall not be lawful to construct any water-closet or
6 Construction
of water
privy for any premises except with the written permission of the closets and
Commissioner and in accordance with such terms not being inconsistent with privies.
any by-laws for the time being in force as he may prescribe.

1
Sub-section (4) of section 244 was added by Bom. 5 to 1905, s. 26(c).
2
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2 Schedule.
3
The words “the Provincial Government” were substituted for the word “Government” by the Adaptation
of Indian Laws Order in Council.
4
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5
These words were added by Bom. 5 of 1905, s. 27.
6
Sections 246A, 247, 248 were substituted for section 247 and 248, by Bom. 5 of 1905, s. 28.

H 4094—33a
 H 4094 (214-240)—L–1
226 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) In prescribing any such terms the Commissioner may determine in each
case—
(a) whether the premises shall be served by the water-closet or by the
privy system, or partly by one and partly by the other; and
(b) what shall be the site or position of each water-closet or privy.
(3) If any water-closet or privy is constructed on any premises in
contravention of sub-section (1), the Commissioner may, after giving not less
than ten days notice to the owner or occupier of such premises, close such
water-closet or privy, 1* * * alter or demolish the same, and the
expenses incurred by the Commissioner in so doing shall be paid by such
owner or occupier or by the person offending.]
Water closets 2
[247. (1) It shall not be lawful newly to erect or to re-erect any building
and other
accommodation for or intended for human habitation, or at or in which labourers or workmen
in buildings are to be employed, without such water-closet or privy accommodation, and
newly erected
or re-erected. such urinal accommodation, and accommodation for bathing or for the washing
of clothes and domestic utensils, as the Commissioner may prescribe.
(2) In prescribing any such accommodation the Commissioner may
determine in each case—
(a) whether such building shall be served by the water-closet or by the
privy system, or partly by one and partly by the other ;
(b) what shall be the site or position of each water-closet, privy, urinal
or bathing or washing place, and their number.]
Where there is 2
[248. (1) where any premises are without a water-closet, or privy, or urinal
no such
accommodation
or bathing or washing place, or if the Commissioner is of opinion that the
or the existing water-closet, or privy, or urinal, or bathing or washing place
accommodation
is insufficient accommodation, available for the persons occupying or employed in any
or premises is insufficient, inefficient, or on any sanitary grounds objectionable,
objectionable.
the Commisioner may 3* * * by written notice, require the owner of such
premises—
(a) to provide such, or such additional, water-closet, privy, urinal, or
bathing or washing place accommodation as he prescribes ;
(b) to make such structural or other alterations in the existing water-
closet, privy, urinal or bathing or washing place accommodation as he
prescribes ; or
(c) to substitute water-closet accommodation for any privy
accommodation.
(2) Provided that where the water-closet, privy, urinal or bathing or washing
place accommodation of any premises—
(a) has been, and is being, used in common by the persons occupying or
employed in such permises and any one or more other premises, or
(b) is in the opinion of the Commissioner likely to be so used,
the Commissioner may, if he is of opinion that such accommodation is
sufficient to admit of the same being used by all the persons
occupying or employed in all such premises, direct in writing that separate

1
The words “and with the previous approval of the Standing Committee,” were deleted by Mah. 21 of
1989, s. 32.
2
Sections 246A, 247 and 248 were substituted for sections 247 and 248 by Bom. 5 of 1905, s. 28.
3
The words “and with the previous approval of the Standing Committee,” were deleted by Mah. 21 of
1989, s.33.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 227

water-closet, privy, urinal or bathing or washing place accommodation need

not be provided on or for each of such other premises.
(3) Provided also that the Commissioner may, if he is of opinion that, there
is sufficient municipal latrine accommodation available for all the persons
occupying or employed in any premises direct that separate water-closet,
privy or urinal accommodation need not be provided for such premises.
(4) Any requisition under sub-scciion (1) may comprise any detail specified
in sub-section (2) of section 247.]
249. Where it appears to the Commissioner that any premises are, or are Power to
require privy
intended to be, used as a market, railway station, dock, wharf or other accommodation
place of public resort or as a place in which persons exceeding twenty to be provided
for factories,
in number are employed in any manufacture, trade or business or as etc.
workmen or labourers, the Commissioner may by written notice, require the
owner or occupier of the said premises to construct a sufficient number
of water- closets or latrines or privies and urinals for the separate use of
each sex.
1
[249A. Where the Commissioner is of opinion that any privy is likely, by Power of
Commissioner
reason of its not being sufficiently detached from any buildings to cause injury as to
to the health of any person occupying such building, the Commissioner 2* * unhealthy
privies.
* may by written notice require the owner or occupier of the premises in or
on which such privy is situate either—
(a) to so close up such privy as to prevent any person using the same,
and to provide in lieu thereof such water-closet or privy accommodation
or such urinal accommodation as the Commissioner may prescribe, or
(b) to provide between the said privy and any portion of the said building
such air-space not exceeding three feet in width, open to the sky and situate
entirely within the limits of the said premises as the Commissioner may
prescribe.]
250. (1) The owner or occupier of any premises on which there is a privy Provision as to
privies.
shall–
(a) have between such privy and any building or place used or intended to
be used for human habitation, or in which any person may be or may be
intended to be employed in any manufacture, trade or business an air space
of at least three feet in width and open to the sky ;
(b) have such privy shut off by a suficient roof and wall, or fence, from the
view of persons dwelling in the neighbourhood or passing by ;
(c) unless and except for such period as he shall be permitted by the
Commissioner, under the power next hereinafter conferred, to continue any
existing door or trap-door, close up and not keep any door or trap-door in
such privy opening on to a street.
(2) Provided that the Commissioner may permit the continuance for such
period as he may think fit of any existing door or trap-door in a privy opening
on to a street if a nuisance is not thereby created.

1
Section 249A was inserted by Bom. 5 of 1905, s. 29.
2
The words “with the previous approval of the Standing Committee,” were deleted by Mah. 21 of
1989. s. 34.
 H 4094 (214-240)—L–1
228 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) Provided also that clause (a) shall not be deemed to apply to any privy
in existence when this Act comes into force, unless—
(d) there is space available on the premises of the owner or occupier for
the erection of a new privy conformably to the said clause ; and
(e) the existing privy can be removed and a new one erected as aforesaid
without destroying any portion of a permanent building other than the
existing privy.
Provisions as 251. The owner or occupier of any permises on which there is a water-
to water-
closets. closets shall—
(a) have such water-closet divided off from any part of a building or place
used or intended to be used for human habitation, or in which any person
may be or may be intended to be employed in any manufacture, trade or
business, by such means as the Commissioner shall deem sufficient ;
(b) have such water-closet in such a position that one of its sides at least
shall be an external wall ;
(c) have the seat of such water-closet placed against an external wall;
(d) cause such water-closet to be provided with such means of constant
ventilation as the Commissioner shall deem adequate, by a window or other
aperture in one of the walls of such water-closet opening directly into the
external air, or by an air-shaft or by some other suitable method or
applicance ;
(e) have such water-closet supplied by a supply-cistern and flushing
apparatus and filled with a soil-pan or receiver and such other appliances of
such materials, size and description as the Commissioner shall deem
necessary ; provided always that a cistern from which a water-closet is
supplied shall not be used or be connected with another cistern which is
used, for supplying water for any other purpose.
Position of 1
[251A. No person shall build a privy or water-closet in such a position
privies and
water-closets. or manner as–
(a) to be directly over or directly under any room or part of building
other than another privy or water-closet or a bathing place, bathroom or
terrace ;
(b) to be within a distance of twenty feet from any well or from any spring,
tank or stream of the water whereof is, or is likely to be, used (whether in
natural or manufactured state) for human consumption or domestic
purposes, or otherwise render the water of any well, spring, tank or stream
liable to pollution.]
Use of place 2
[251B. No person shall use or permit to be used as a bathing place, or as
for bathing or
washing a place for washing clothes or domestic utensils, any part of any premises
clothes or
domestic which has not been provided with all such appliances and fitting as shall, in
utensils. the opinion of the Commissioner, be necessary for collecting the drainage
thereof and conveying the same therefrom.]
Public 252. The Commissioner shall provide and maintain in proper and
necessaries.
convenient situations and on sites vesting in the corporation, water-closet,
latrines, privies and urinals and other similar conveniences for public
accommodation.
Obligation of 3
[252A. If, a common facility is created by the State Government or by
corporation to
partake any agency of the State Government, under instructions from the State
common Government, for processing or disposal of solid waste or treatment or
facility.
recycling sewage and waste water or bulk supply or treatment of water for
drinking purpose, it shall be mandatory for the corporation, if so directed by
the State Government, to partake of that facility in accordance with such
terms and conditions as may be specified by the State Government, by an
order in the Official Gazette :
1
Section 251A was inserted by Bom. 5 of 1905, s. 30.
2
Section 251B was inserted, by Bom. 5 of 1905, s. 31.
3
Section 252A was inserted by Mah. 28 of 2012, s. 2.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 229

Provided that, the State Government shall, before issuing any direction
under this section, given an opportunity to the corporation to make within
fifteen days a representation, if any, in this regard. If the corporation fails to
represent within fifteen days or, after having represented, the State
Government, on considering the representation, is of the opinion that issuing
such direction is necessary, the State Government may issue the same.].
Inspection
253. All drains, ventilation-shafts and pipes, cess-pools, house-gullies Drains, etc.
not belonging
water-closets, privies, latrines and urinals 1[and bathing and washing places] to the
which do not belongs to the corporation, or which have been constructed, corporation to
be subject to
erected or set-up at the charge of the municipal fund on premises not belonging inspection and
examination.
to the corporation, for the use or benefit of the owner or occupier of the said
premises, shall be open to inspection and examination by the Commissioner.
254. For the purpose of such inspection and examination, the Power to open
ground etc.,
Commissioner may cause the ground or any portion of any drain or other for purposes of
work exterior to a building or with the approval of 2[the Standing Committee] such inspection
and
any portion or a building which he shall think fit, to be opened, broken up or examination.
removed : Provided that in the prosecution of any such inspection and
examination as little damage as can be, shall be done.
255. If upon any such inspection and examination as aforesaid, it shall be When the
expenses of
found that the drain, ventilation-shaft or pipe, cess-pool, house-gully, water- inspection and
examination
closet, privy, latrine or urinal 3[or bathing or washing place] examined is in are to be paid
proper order and condition, and that none of the provisions of this Chapter by the
Commissioner.
has been contravened in respect of the construction or maintenance thereof,
and that no encroachment has been made thereupon the ground of portion of
any building, drain or other work, if any, opened, broken up or removed for
the purpose of such inspection and examination shall be filled it, reinstated
and made good by the Commissioner.
256. But if it shall he found that any drain, ventilation-shaft or pipe, cess- When the
expenses of
pool, house-gully, water-closet, privy, latrine or urinal 3[or bathing or washing inspection and
place] so examined is not in good order or condition, or has been repaired, examination
are to be paid
changed, altered or encroached upon, or, except when the same has been by the owner.
constructed by or under the order of the Commissioner if it has been
constructed in contravention of any of the provisions of this Chapter or of
any enactment at the time in force-
the expenses of the inspection and examination shall be paid by the owner
of the premises, and the said owner shall fill in, reinstate and make good
the ground or portion of any building, drain or other work opened, broken
up or removed for the purpose of such inspection and examination, at his
own cost.
4
[257. (1) when the result of such inspection and examination as aforesaid Commissioner
may requires
is as described in section 256, the Commissioner may— repairs, etc., to
be made.
(a) by writtien notice require the owner of the premises or the several
owners, of the respective premises in which the drain, ventilation-shaft or
pipe, cess-pool, house-gully. water-closet, privy, latrine, urinal or bathing
or washing place is situate, or for the benefit of which the same has been
constructed, erected or set up,
(i) to close or remove the same or any encroachment thereupon or
5
[subject to the proviso to clause (c) of section 258, to remove any
projection over the same, or]

1
These words were inserted by Bom. 5 of 1905, s. 32 (1).
2
These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 103.
3
These words were inserted by Bom. 5 of 1905, s. 32 (2).
4
Section 257 was substituted for the original section, by Bom. 5 of 1905, s. 33.
 H 4094 (214-240)—L–1
230 Mumbai Municipal Corporation Act [1888 : Bom. III

(ii) to renew, repair, cover, recover, trap. ventilate, pave and pitch or
take such other order with the same as he shall think fit to direct and to
fill in, reinstate and make good the ground, building or thing opened,
broken up or removed for the purpose of such inspection and
examination, and
(b) without notice, close, fill up or demolish any drain by which sullage
or sewarge is carried through, from, into or upon any premises in
contravention of any of the provisions of this Chapter, and the expenses
incurred by the Commissioner in so doing shall be paid by such owner or
owners.
(2) Any requisition under clause (a) of sub-section (1) in respect of any
drain which has been constructed, erected or set-up, or which is continued
for the sole use and benefit of a property or for the exclusive use and benefit
of two or more properties, may include any extension thereof beyond such
property or properties, if and so far as .such extension has been constructed,
erected or set-up, or is continued for the sole use and benefit of such property
or properties].
1
Cost of [257A. In the case of any drain which has been constructed, erected or
inspection and
execution of fixed, or which is continued, for the exclusive use and benefit of two or more
work in premises and which is not—
certain cases.
(a) a drain constructed under section 232A, sub-section (1) or
(b) a drain in respect of which conditions as to the respective
responsibilities of the parties have been declared under section 238, sub-
section (1),
the expenses of any inspection and examination made by the Commissioner
under section 253 and of the execution of any work required under section
257, whether executed under section 260 or not, shall be paid by the owner of
such premises, in such proportions, 2[as shall be determined by the
Commissioner].
General Provisions.
3
Prohibition of 258. [(1)] No person shall—
acts
contravening (a) in contravention of any of the provisions of this Chapter or of any notice
the provisions
of this Chapter issued or direction given under this Chapter, or without the written
or done permission of the Commissioner, in anyway alter the fixing, disposition or
without
sanction. position of or construct, erect. set-up, renew, rebuild, remove, obstruct, stop
up, destroy or change, any drain, ventilation-shaft or pipe, cess-pool, water-
closet, privy, latrine or urinal 4[or bathing or washing place] or any tray,
covering or other fitting or appliance connected herewith ;
(b) without the written permission of the Commissioner, renew, rebuild or
unstop any drain, ventilation-shaft or pipe, cess-pool, water-closet, privy,
latrine or urinal 4[or bathing or washing place], or any fitting or appliance,
which has been, or has been ordered to be, discontinued, demolished or
stopped up under any of the provisions of this Chapter;
(c) without the written permission of the Commissioner, make any 5[project-
ion over or] encroachment upon, or in any way injure or cause or permit to be
injured, any drain, cess-pool, house-gully, water-closet, privy, latrine or urinal
4
[ bathing or washing place ;]

1
Section 257A was inserted by Bom. 5 of 1905, s. 34.
2
These words were substituted for the portion beginning with the words “as shall be determined” and
ending with the words “does not exceed one hundred rupees” by Mah. 21 of 1989, s. 35.
3
Section 258 was re-numbered as sub-section (1) of that section, by Mah. 21 of 1989, s. 36.
4
These words were instered by Bom. 5 of 1905, s. 32 (2).
5
These words were inserted by Bom. 8 of 1918, s. 9(a).
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 231

[Provided that nothing in this clause shall apply to any weather-shade in

1

width not exceeding two feet over any window which does not front a wall of
window of an adjoining house ;]
(d) drop, pass or place, or cause of permit to be dropped, passed or placed
into or in any drain, any brick, stone, earth, ashes or any substance or
matter by which or by reason of the amount of which such drain is likely to
be obstructed ;
(e) pass or permit or cause to be passed, into any drain provided for a
particular purpose, any matter or liquid for the conveyance of which such
drain has not been provided ;
(f) cause, or suffer to be discharged into any drain from any factory, bake
house distillery, workshop or workplace or from any building or place in
which steam water or mechanical power is employed, any hot water, steam
fumes or any liquid which would prejudicially affect the drain or the
disposal by sale or otherwise of the sewage conveyed along the drain, or
which would, from its temperature or otherwise, be likly to create a
nuisance.
2
[(2) Whoever contravenes of sub-section (1) shall, on conviction, be
punished—
(i) for the first offence, with fine which may extend to three hundred
rupees ; and
(ii) for the second and every subsequent offence, with fine which may
extend to one thousand rupees or with an imprisonment which may extend
to six month or both.]
259. (1) On the written request of any person who is required under any When material
and work, may
of the provisions of this Chapter to supply any materials or fittings or to do be supplied
any work, the Commissioner may, in such person’s behalf supply the necessary and done
under this
materials or fittings, or cause the necssary work to be done ; but he shall not Chapter for
do so in any case to which the provisions of section 493 or 495 will not apply, any person by
the
unless a deposit is first of all made by the said person of a sum which will, in Commissioner.
the opinion of the Commissioner, suffice to cover the cost of said materials,
fillings and work.
3
(2) [ * * * * ]
4
[259A. (1) No person shall permit any work described in this Chapter to Work to be
done by
be executed except by a licenced plumber : licenced
5 plumber ;
[Provided that if, in the opinion of the Commissioner, the work is of a permission to
trivial nature, he may grant permission in writing for the execution of such use as drain.
work by a person other than a licenced plumber.]
(2) Every person who employs a licensed plumber to execute any such work
shall, when so required, furnish to the Commissioner the name of such
plumber.
(3) Every such person shall, within one month after completion of any such
work and before permitting the same or any portion thereof to be filled in or
covered over, deliver or send or cause to be delivered or sent to the
Commissioner at his office, notice in writting of the completion of such work,
accompained by a certificate in the form of schedule signed by the licenced
plumber by whom the same has been executed, who is hereby required
immediately upon completion of the work and upon demand by the person
employing him to sign and give such certificate to such person, and shall give
to the Commissioner all necessary facilities for the inspection of such work :

1
This proviso was added, by Bom. 8 of 1918, s. 9 (d).
2
Sub-section (2) was added by Mah. 21 of 1989, s. 36.
3
Sub-section (2) was repealed by Bom. 5 of 1905, s. 35.
4
Section 259A was inserted, by Bom. 5 of 1905, s. 36.
5
This proviso was added, by Bom. 32 of 1935, s. 11.
H 4094—34
 H 4094 (214-240)—L–1
232 Mumbai Municipal Corporation Act [1888 : Bom. III

Provided that—
(a) such inspection shall be made within seven days from the date of
receipt of the notice of completion, and
(b) the Commissioner may, within seven days after such inspection, by
written intimation addressed to the person from whom the notice of
completion was received and delivered at his address as stated in such
notice or in the absence of such address affixed to a conspicuous part of
the premises in which such work has been executed—
(i) give permission for the filling or covering over of such work, or
(ii) require that before such work is filled on or covered over, it shall
be amended to the satisfaction of the Commissioner in any particular in
respect of which it is not in accordance with a requisition previously
made by the Commissioner or contravenes some provisions of this Act
or of the by-laws under this Act.
(4) No person shall permit any such work to be used as a drain or part of
drain until—
(a) the permission referred to in proviso (b) to sub-section (3) has been
received or
(b) the Commissioner has failed for fourteen days after receipt of the notice
of completion to intimate as aforesaid his refusal of permission for the filling
in or covering over of such work.]
Commissioner 260. (1) The Commissioner may, if he thinks fit, cause any work described
may execute
certain works in 1[this Chapter] to be executed by municipal or other agency under his own
under this orders, without first of all giving the person by whom the same would
Chapter without
allowing option otherwise have to be executed the opinion of doing the same.
to person
concerned of
executing the
same.

Expenses in (2) The expenses of any work so done shall be paid by the person aforesaid,
such cases by
whom to be unless the corporation shall, by a general or special order or resoultion
paid. sanction, as they are hereby empowered to sanction, the execution of such
work at the charge of the municipal fund.

CHAPTER X
WATER SUPPLY
Construction and Maintence of Municipal Water-works.
Definition. 2
[260A. In this chapter, unless there is anything repugnant in the subject
or context—
(a) ‘communication pipe’ means pipe extending from a municipal water
main up to and including the municipal stop-cock ;
(b) ‘consumer’ means any person who uses or is supplied with water
from a municipal water-work or on whose application such water is
supplied and includes any person liable to the corporation under the
provision of this Act for the payment of water tax or any sum for the water
supplied from a municipal water work ;

1
The words “this Chapter” were substituted for the original words by Bom. 5 of 1905, s. 37.
2
This Section was inserted by Bom. 5 of 1938, s. 21.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 233

(c) ‘consumer’s pipe, means a pipe used in connection with the supply of
water from any municipal water work and which is not the property of the
Corporation ;
(d) ‘distributing pipe’ means any pipe not subject to water pressure from
a municipal water main;
(e) ‘fitting’ includes a pipe coupling, flange, branch, bend, stop, ferrule,
stop tap, bib tap, spring tap, pillar tap, globe tap, ball cock, boiler, pump,
meter, hydrant and any other apparatus or article used for the purpose of
conveying or storing water supplied by the corporation ;
(f) ‘municipal stop cock’ means the stop cock which controls the supply
of water from a municipal water main ;
(g) ‘supply pipe’ means the pipe extending from a municipal stop cock
up to the ball cock of the storage tank, it any, and any pipe subject to
pressure from a municipal water main.]
261. For the purpose of providing 1[Brihan Mumbai] with a supply of water General
powers for
proper and sufficient for public and private purposes, the Commissioner, supplying the
when authorised by the Corporation in this behalf, may— city with
water.
(a) construct and maintain water-work, either within or without
1
[BrihanMumbai] and do any other necessary acts ;
2
[(aa) construct and maintain tunnels and undertake other related work,
as part of the municipal water works, below any land, in whomsoever such
land may vest for carrying water;]
(b) purchase or take on lease any water-work or any water or right to
store or to take and convey water, either within or without 1[Brihan
Mumbai];
(c) enter into an arrangement with any person or a supply of water.
262. The Commissioner shall manage all water-works belonging to the Municipal
water-works to
Corporation-all which water-works are in this Act referred to as “Municipal be managed
water-work’’—and maintain the same in good repair and efficient condition, and kept in
and shall cause all such alteration and extentions to be from time to time repair by the
Commissioner.
made in the said water-work as shall necessary or expedient for improving
the said work.
263. (1) The Commissioner, and any person appointed by 3[the 4[State] Power of
access to
Government] under section 264 in this behalf, may, for the purpose of Municipal
inspecting or repairing or executing any work in, upon or in connection with water-works.
any municipal water-works, at all reasonable time—
(a) enter upon and pass through any land within or without the city,
adjacent to or in the vicinity of such water-work, in whomsoever such land
may vest ;
(b) convey into and through any such land all necessary materials, tools
and implements :
5
[(c) enter upon or pass through any land, whether vacant or built up,
below which any tunnel for carrying water is dug, constructed or
maintained, or any other land adjacent to or in the vicinity of such land or
tunnel, and to inspect such tunnel with the necessary equipment and do
such other acts as he deem necessary for such purposes.]

1
These words were substituted for the words “Grater Bombay” by Mah. 25 of 1996, s. 2 Schedule.
2
Clause (aa) was inserted by Mah. 37 of 1981, s. 8.
3
The words “the Provincial Government” were substituted for the word “Government” by Adaptation of
Indian Laws Order in Council.
4
This word was substituted for the word “Provincial” by Adaptation of Laws Order, 1950.
5
Clause (c) was inserted, by Mah. 37 of 1981, s. 9.
H 4094—34a
 H 4094 (214-240)—L–1
234 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) In the exercise of any power conferred by this section, as little damage
as can be, shall be done, and compansation for any damage which may be
done in the exercise of any of the said power shall be paid by the
Commissioner, or if any person appointed under section 264 by 1[the 2[State
Government] has caused the damage, by 1[the 2[State] Government].
Inspection of 264. Any person appointed by 1[the 2[State] Government] in this behalf
Municipal shall at all reasonable times have liberty to enter upon and inspect a municipal
water-works
by persons water-work.
appointed by
2
[State]
Government.
3
Power of [265. The Commissioner shall have the same powers and be subject to the
carrying
watermeans same restrictions for carrying, renewing and repairing water-mains, pipe
and and ducts, and for construction and maintenance of tunnels below any land
constructing
tunnels, etc.
or undertaking other related works, without 4 [Brihan Mumbai] as he has
and is subject to the provisions hereinbefore contained
[ in Chapter IX for
carrying, constructing, maintaining, renewing and repairing , drains and
drainage works, including tunnels below any land and other related works,
within 4[Brihan Mumbai]:
Provided that the powers under this section in respect of digging, carrying,
constructing, maintaining and repairing of tunnel or any other related works
shall be exercised by the Commissioner, with the previous approval of the
State Government.]
Fire-hydrants 266. The Commissioner shall cause fire-hydrants and all necessary works,
to be provided. machinery and assistance for supplying water in case of fire to be provided
and maintained and shall have painted or marked on the buildings and walls
or in some other conspicuous manner, within the streets, words or marks
near to such hydrants to denote the situation thereof, and shall cause a
hydrant-key to be deposited at each place within 4[Brihan Mumbai] where a
municipal fire-engine is kept, and do such other things for the purpose
aforesaid as he shall deem expedient.
Prohibition of 267. (1) Except with the sanction of the Corporation and, in the case of the
building and
other act
Vehar water-works, of 1[the 2[State] Government], or, for the purposes of
which would section 262, under the authority of the Commissioner, no person shall—
injure sources
of water
(a) erect any building for any purpose whatever within the limits of the
supply. water-shed of any lake or reservoir from which a supply of water is derived
for any municipal water-work ;
(b) extend, alter or apply to any purpose different to that to which the
same has been heretofore applied, any building already existing within
the said limits ;
(c) carry on within the said limits, any operation of manufacture, trade
or agriculture in any manner, or do any act whatsoever, whereby injury
may arise to any such lake or reservoir or to any portion thereof, or whereby
the water of any such lake, tank or reservoir may be fouled or rendered
less wholesome.
(2) The limits of the water-shed of the Vehar lake shall, for the purposes of
this section be deemed to be the limits defined in a plan marked “B”
authenticated by the signatures of the Governor and Member of Council, and
deposited in the office of the Secretary to the Government of Bombay.

1
The words “the Provincial Government” were substituted for the words “Government” by Adapation
of Indian Laws Order in Council.
2
This word was substituted for the word “Provincial” by the Adapation of Law Order, 1950.
3
Section 265 was substituted for the original section, by Mah. 37 of 1981, s. 10.
4
This words was substituted for the words “Grater Bombay” Mah. 25 of 1996, s. 2 Schedule.
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 235

268. (1) Without the written permission of the Commissioner no building, Buildings, etc.,
not be
wall or other structure shall be newly erected, and no street or railway shall erected over
be constructed, over any municipal water-main. municipal
water-main
(2) If any building, all other structure be so erected, or any street of railway without
be so constructed, the Commissioner may, with the approval of 1[the Standing permission.

Committee], cause the same to be removed or otherwise dealt with as to him

shall appear fit, and the expenses thereby incurred shall be paid by the person
offending.
Public Gratuitous Water-supply
269. (1) All existing public drinking fountains, tanks, reservoirs, cisterns, Vesting of
public drinking
pumps, wells, ducts and works for the supply of water for the gratuitous use fountains etc.,
of the inhabitants of the city shall vest in the corporation and be under the in the
corporation.
control of the Commissioner.
(2) The Commissioner may maintain the said works and provide them with
2
water, and, when authorised by [the Corporation] in this behalf, may
construct any other such works for supplying water for the gratuitous use of
the inhabitants of the city:
(3) Provided that water carried away by any of the inhabitants from any
3
such work shall be taken only for his [personal] or domestic use and not for
the purpose of business or sale, and shall not, except with the written
permission of the Commissioner, be carried away in a cask. cart, pakhal or
masak.
4
(4) The Commissioner may temporarily, and with approval of [the
Corporation] permanently, close any of the said works, either entirely or
partially.
(5) In case any such work is permanently closed, either entirely or partially,
by the Commissioner, the site thereof, or of the portion thereof which is so
closed and the materials of the same may be disposed of as the property of’
4
[the Corporation] provided that if any such work, which is permanently
closed, either entirely or partially, was a gift to the public by some private
person, the said site and materials or the proceeds of the sale-thereof shall,
unless by reason of their value being insignificant or for other sufficient reason
4
[the Corporation] think fit to otherwise direct, be applied to or
towards some local work of public utility bearing the name of such person, or
to or towards any such local work which shall be approved by 4[the
Corporation] and by the heirs or other representative, if any, of the said
person.
270. (1) The Commissioner may assign and set apart each of the said works Public
drinking
and the water therein for use by the public for such purpose only as he shall fountains, etc.,
think fit, and shall cause to be indicated, by a notice affixed on a conspicuous may be set
apart for
spot on or near each such work the purpose for which the same is so assigned particular
and set apart. purposes.
(2) No person shall make use of any such work or of any water therein for
any purpose other than the purpose for which the same has been so assigned
or set apart.

1
These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 104.
2
These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 105.
3
These words were substituted for the words “private use and not for sale” by Bom. 5 of 1938, s. 22.
4
These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 165 (e).
 H 4094 (214-240)—L–1
236 Mumbai Municipal Corporation Act [1888 : Bom. III

Private Water-supply
1
Premises not [270A. No person shall occupy or permit to be occupied, or use or permit
to be to be used, any premises or part thereof constructed or reconstructed after
occupied
without the date of the coming into force of the Bombay Municipal Corporation Bom.
Commissioner’s (Amendment) Act. 1953, until he has obtained a certificate from the LXIV of
certificate in 1953.
Commissioner to the effect that there is provided within or within a
respect of
adequate reasonable distance of the premises, a supply of pure water to the persons
water-supply. intending to occupy or use
5
such premises or, where the premises are situated
within any portion of [Brihan Mumbai] in which a public notice has been
given by the Commissioner under section 141, until he has obtained a
certificate from the Commissioner to the effect that a supply of pure water
has been provided for the premises from a municipal water work.]
Application 271. (1) 2[Supply pipes] for conveying to any premises a private supply of
for private water from 2[a municipal water work] shall not 2[be connected with such
water-supply
from whom water work] except on the written application or with the written assent of
to be the owner of the premises, of the person primarily liable for the payment of
received. property-taxes on the said premises :
3
[Provided that, in respect of any premises, where the owner or person
primarily liable for the payment of property-taxes fails or refuses or make
such application or to give his assent within a reasonable period, the supply
pipes for conveying to such premises such water-supply may be connected
with such water work on the written application of the occupier or such
premises made to the Commissioner, after holding necessary inquiry and
payment of the cost of connecting the supply pipes and subject to such other
conditions (including those for payment of water taxes and water charges) as
the Commissioner may deem fit to impose.]
4
Commissioner [(2) But it shall appear to the Commissioner that any premises situated
may in within any portion of :5[Brihan Mumbai] in which a public notice has been
certain case
require given by the Commissioner under clause (b) of section 141, are without a
owners to supply of pure water, adequate to the requirements of the persons usually
obtain private occupying or employed upon the said premises, the Commissioner shall, by
water-supply.
written notice, require the owner of the said premises or the person primarily
liable for the payment of property-taxes thereon, to obtain a supply adequate
as aforesaid from a municipal water work and to provide supply and
distributing pipes, cisterns and fittings and do all such works as may in the
opinion of the Commissioner be necessary for that purpose.]
6
Making and [272. (1) No connection with any municipal water work shall be made or
renewing renewed—
connection
with (a) except by a municipal officer or servant empowered in that behalf by
municipal the Commissioner; and
water works.
(b) until the certificate specified in sub-section (4) has been given.
7
[(2) In every case where a new connection with a municipal water work is
made or an existing connection requires renewal, all necessary
communication pipes and fittings 8[thereon], shall be supplied by the
Commissioner, and the work of laying and applying such communication-
pipes and fittings shall be executed by municipal agency under the
Commissioner’s order ; and the cost of all such materials and work shall be
charged to the-municipal fund.]

1
Section 270A was inserted by Bom. 64 of 1953, s. 11.
2
These words were substituted by Bom. 5 of 1938, s. 23(a).
3
This proviso was added by Mah. 51 of 1975, s. 15.
4
This sub-section was substituted for the original by Bom. 5 of 1938, s. 23(b).
5
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2 Schedule.
6
Sections 272, 273 and 273A were substituted for sections 272 and 273 by Bom. 5 of 1905, s. 38.
7
This Sub-section was substituted for the original sub-section (2) by Bom. 8 of 1918, s. 10.
8
This word was substituted for the original by Bom. 5 of 1938, s. 24(a).
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 237

(3) 1[Every such communication-pipe and fittings thereon shall vest] in the
Corporation and be maintained at the charge of the municipal fund as a
municipal water work.
2
[(4) All supply and distributing pipes and cisterns and fittings not being
the property of the Corporation shall be laid and applied under the
supervision and to the satisfaction of a Municipal Officer appointed by the
Commissioner in that behalf, who shall give and sign a certificate, free of
charge, when such supply and distributing pipes, cisterns and all necessary
fitting have been laid, applied and executed in a satisfactory manner and
when proper and sufficient arrangements have been made for draining off
waste water.]
2
[(5) Where any supply or distributing pipe, cistern or such fitting is laid,
applied, added to or altered, or any connection is made in contravention of
this section the Commissioner may, with the previous approval of 3[the
Standing Committee] remove such supply or distributing pipe, cistern, fitting
or connection, or additions or alterations thereto, and make good such pipe,
cistern, fitting or connection ; and the owner and occupier of the premises in
which or for supply to which such supply or distributing pipe, cistern or
fitting has been laid, applied, added to or altered or such connection has been
made, shall be jointly and severally liable to pay the expenses incurred by the
Commissioner in so doing.]
4
[273. The Commissioner may, by agreement with a consumer, take charge Commissioner
on behalf of the Corporation of all or any of the consumer’s pipes and fitting : may take
charge of
Provided that, if any such pipe or fittings are communication-pipes or fitting private
connections.
only not vesting in the Corporation, the Commissioner may, if he thinks fit,
take charge of the same without such agreement.
Any consumer’s pipes and fittings, of which the Commissioner takes charge
under this section, shall thereafter vest in, and be maintained at the expense
of, the Corporation as a municipal water work.]
5
[273A. The Commissioner may, if at any time he deems it expedient to Power of
alter the position of an existing connection with any municipal water work, Commissioner
to alter
or of any consumer’s pipe or fitting thereof, and after giving to the owner of position of
such connection, pipe or fitting not less than four days previous notice of his connections.
intension so to do, cause the said connection, pipe or fitting to be moved to
such other position as he thinks fit and relaid and applied, or others to be
laid and applied in lieu thereof, in such position as he may direct; and in
every such case all work shall he carried out at the expenses or the municipal
fund and such new connection, pipe and fittings shall thereafter vest in the
Corporation and be maintained at the charge of the municipal fund as a
municipal water-work.]
274. 6[(1) The Commissioner may, whenever it shall appear to him to be Provisions as
necessary, by written notice require the owner of any premises furnished to cisterns
and other
with a private water supply from any municipal water work to provide such fittings, etc.,
premises within a reasonable period which shall be prescribed in the said to be used
for
notice, with cisterns and fittings of such size, material, quality and description connections
and placed in such position and with such safe and easy means of access as with water
work.
he thinks fit.]

1
These words were substituted for the Original by Bom. 5 of 1938, s 24(b).
2
These sub-sections were substituted for the original by Bom. 5 of 1938, s. 24(c) and (d).
3
These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 100.
4
This section was substituted for the original, by Bom. 5 of 1938, s 25.
5
This section was substituted for the original, by Bom. 5 of 1938, s. 26.
6
This Sub-section was substituted for the original, by Bom. 5 of 1938, s. 27(a).
 H 4094 (214-240)—L–1
238 Mumbai Municipal Corporation Act [1888 : Bom. III
1
[(1A) The Commissioner may also in the like manner require the owner of
any premises to provide such safe and easy means of access as he thinks fit to
any existing cistern which on an examination under section 278 is found to
be not easily accesible.]
(2) The Commissioner shall also from time to time prescribe the size,
material, quality, description and position of the 2[pipe and fittings] to be;
employed for the 3[purpose] of any connection with or of any communication
from, any municipal water-work, and no such connection or communication
shall be made by any person otherwise than as so prescribed.]
4
[(3) The Commissioner shall likewise prescribe the size, material, quality
and description of the 5[pipes, cisterns and fitting] to be employed for the
purpose of replacing 5[pipes, cisterns and fittings] found on an examination
under section 278 to be so defective that they cannot be effectively repaired.]
6
Provision for [274A. (1) The Commissioner may, by written notice, require the owner of
keeping
cisterns
any premises furnished with a cistern or in respect of which the
locked. Commissioner has, required a cistern to be furnished to provide such cistern
with a lock and key of such pattern, material and quality as the Commissioner
shall in such notice prescribe, and may in like manner require any lock or
key found to be defective on an inspection under section 278 to be replaced.
(2) Every cistern so provided with a lock shall be kept permanently locked
and the key shall then be delivered to the Commissioner.]
Communication- 275. 7[(1) It shall be incubent on the owner or occupier of any premises to
pipes etc., to
be kept in which a private water-supply is furnished from any municipal water-work,
8
efficient repair [to keep in a thoroughly clean condition and to maintain and keep in efficient
by owner or
occupier of
repair every supply and distributing pipe] conveying water from the said
premises. water-work to such premises and every meter for measuring water, not being
a municipal meter and 8[every cistern and fitting] in or connected with any
such pipe, so as effectually to prevent the water from running to waste.
9
[(2) When an occupier of any premises is served with a notice under sub-
section (2) of section 278, he may, after giving to the person to whom he is
responsible for the payment of his rent l0[three] days notice in writting,
himself have to the repairs executed and in such event he shall be entitled to
deduct from any rent due 10[or to become due] by him to such person the
actual expenses incurred by him in complying with the notice served under
sub-section (2) of section 278 :
Provided that nothing in this section shall affect the liabilities of parties
under leases executed before the 1st day of April 1918.]
Provision of 276. (1) Where water is supplied by measurement, the Commissioner may
meters when
water is either provide a meter and charge the consumer for the same such rent as
supplied by shall from time to time be prescribed in this behalf by the Standing Committee,
measurement.
or may permit, the consumer to provide a meter of his own of such size,
material and description as the Commissioner shall approve for this purpose :

1
This sub-section was inserted by Bom. 5 of 1938, s 27(d).
2
These words were substituted for the original by Bom. 5 of 1938, s. 27(c) (i).
3
This word was substituted for the word “purpose” by Bom. 5 of 1938, s. 27(c) (ii).
4
This sub-section was added by Bom. 8 of 1928, s 11(B).
5
These words were substituted for the original by Bom. 5 of 1938, s 27(d).
6
This section was inserted, by Bom. 5 of 1938, s. 28.
7
Section 275 was re-numbered as sub-section (1) of section 275 by Bom. 8 of 1918, s. 12.
8
These words were substituted for the original by Bom. 5 of 1938, s 29(a).
9
This sub-section was added by Bom. 8 of 1918, s 12.
10
This word was substituted for the original by Bom. 5 of 1938, s 29(b).
 H 4094 (214-240)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 239

1
[Provided that if such consumer is an occupier of any premises, he shall
not be provided with a meter or permitted to provide himself with a meter of
his own, unless he complies with such conditions as may be prescribed by the
Commissioner.]
(2) The Commissioner shall at all times keep all meters and other
instruments for measuring waterlet, by him for hire to any person, in proper
order for correctly registering the supply of water, and in default of his so
doing such person shall not be liable to pay rent for the same during such
time as such default continues.
277. Where water is supplied by measurement, the register of the meter Register of
meter to be
or other instrument of measuring water shall be prima facie evidence of the evidence.
quantity consumed.
Inspection
278. (1) The Commissioner may make an inspection of any premises to Commissioner,
etc. may
which a private water-supply is furnished by the corporation in order—
inspect
(a) to remove, test, examine and replace any meter for measuring water ; premises in
or order to
examine
2
[(b) to examine any supply or distributing pipe, cistern, lock or fitting ; meter,
or] communication-
pipes, etc.
(c) to see if there be any waste or misuse of water.
3
[(2) The Commissioner may, by written notice, require the owner or occupier
of the premises to remedy any defect which shall be found to exist in or to clean
any such meter, not being a municipal meter let to him for hire, or any such
supply or distributing pipe, cistern, lock or fitting.]
Cutting off private water-supply
279. (1) The Commissioner may 4 * * * * * cut off the connection between Power to cut
any municipal water-work and any premises to which a private water-supply off private
water supply
is furnished by the corporation or turn off the water from such premises in or to turn
any of the following cases, namely :— water.

(a) in default of payment of any instalment of water-tax or any sum due

for water 5[or hire of meter] 6[or expenses of any work done under or by
virtue of the provisions of sections 272, 276 or 287A] within 7[sixty days
after the date of the bill] for such tax or sum has been duly 8[served] ;
9
[(b) if the owner of the premises neglects, within the period prescribed
in this behalf in any notice given under sub-section (1) or (1A) of section
274 or under section 274A, to comply with any requisition made to him by
the Commissioner regarding the provisions of any cistern, fitting, lock or
key or means of access to such cistern ;
(c) if the owner or occupier of the premises fails, within the period
prescribed in this behalf in any notice given under sub-section (2) of section
278, to comply with the terms of such notice or fails to use articles of the
kind prescribed under sub-section (3) of section 274 ;]

1
This proviso was inserted by Bom. 62 of 1954, s. 6.
2
This clause was substituted for the original by Bom. 5 of 1938, s. 30(a)
3
This sub-section was substituted for the original, by Bom. 5 of 1938, s. 30(d).
4
The words “ with the sanction of standing committee ” were repealed by Bom. 6 of 1913, s. 2.
5
These words were inserted by Bom. 5 of 1938, s. 31 (1) (a).
6
These words and figures were inserted by Bom. 10 of 1928, s. 13 (a)(i)
7
These words were substituted for the words “ fifteen days after a notice of demand ” by Mah. 11 of
2009, s. 51.
8
This word was substiuted for the word “ presented ” by Bom. 20 of 1952, s. 15.
9
This clause was substituted for the original by Bom. 5 of 1938, s. 31 (1)(b).
H 4094—35
 H 4094 (214-240)—L–1
240 Mumbai Municipal Corporation Act [1888 : Bom. III

(d) if after receipt of a written notice from the Commissioner requiring

him to refrain from so doing the owner or occupier of the premises continues–
(i) to use the water, or to permit the same to be used, in contravention
of any by-law made under this Act or of any condition prescribed under
sub-section (2) of section 169 ;
(ii) when payment for the water is made not by measurement, to permit
any person not residing on premises in respect of which water tax is
paid to carry away from such owner’s or occupier’s premises water derived
from municipal water-work ;
1
[(e) if the owner or occupier of the premises wilfully or negligently
injures or damages any meter, pipe, cistern or fitting or lock thereof in
such premises ;]
2
[(f) if the owner or occupier of the premises fails to comply with any
requisition made on him by the Commissioner under sub-section (2) of
section 287B, to furnish the name of the licenced plumber ;]
3
[Provided that—
4
[(i) in any case under 5[clause] (a), the Commissioner shall not take
action unless not less than fifiteen days a previously copy of the notice of
demand in receipt of the tax or sum has been affixed to a conspicuous part
of the premises] ;
[(ii) in case under 5[clauses] (a), (b), 7[(d) and (f)] the Commissioner
6

shall not take action without the sanction of the 8[Standing Committee;]
9
[(iii) in case under 5[clauses] (c) and (e) the Commissioner shall not
take action unless written notice of not less than twenty-four hours has
been given to the owner or occupire of the premises] ;
10
[(iv) in any case falling under 5[clause] (b) the Commissioner shall
not take action unless not less than fifiteen days previously a copy of the
notice under sub-section (1) or sub-section (1A) of section 274 or under
section 274A, as the case may be, has been affixed to a conspicuous part of
the premises :]
11
[Provided that where in any case falling under clauses (a), (b), (d)
and (f) the Commissioner has with the sanction of the 8[Standing
Committee] cut off water supply or turned of water, and there is recurrence
of any case under any of these clauses, the Commissioner shall take action
without the sanction of the 8[Standing Committee].
(2) The expenses of cutting of the connection or of turning off the water in
any such case aforesaid shall be paid by the owner or occupier of the premises.

1
This clause was substituted for the original by Bom. 5 1938, s. 31 (1)(c).
2
This clause was inserted by Bom. 8 of 1918, s. 13(b).
3
This proviso was added by Bom.6 of 1913, s. 2.
4
New proviso (i) was inserted by Bom. 10 of 1928, s. 13 (b)(i).
5
These words “clause” and “clauses” were substituted for the words “sub-clause” and “sub-clauses” by
Mah. 21 of 1989, s. 37 (a).
6
Original clauses (i) and (ii) were re-numbered as clauses (ii) and (iii), respectively, by Bom. 10 of
1928, s. 13(c).
7
These letters, word and brackets were substituted for the original word, letter and brackets “and
(b)” by Bom. 8 of 1918, s. 13 (e).
8
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 107.
9
Original clauses (i) and (ii) were renumbered as clauses (ii) and (iii) by Bom. 10 of 1928, s. 13(c).
10
This paragraph was added by Bom. 5 of 1938, s. 3(i) (d).
11
This proviso was added by Mah. 21 of 1989, s. 37(b).
 H 4094 (241-253)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 241

280. No person to whom water is supplied by measurement or on payment Conditions as

to use of water
of a fixed periodical sum shall contravene any condition prescribed under not to be
sub-section (2) of section 169 for the use of such water, or permit any such contravened.

condition to be contravened.
[280A. The Commissioner shall have the same powers and be subject to
1
Powers of
Commissioner
the same restriction for carrying, renewing and repairing private water mains, to carry private
pipes and ducts as he has and is subject to under the provisions hereinbefore mains through
land belonging
contained for carrying, renewing and repairing private drains.] to other
persons.
[280B. The expenses for carrying, renewing and repairing private water
2
Recovery of
expenses of
mains, pipe and ducts referred to in section 280A shall be recovered from the laying water
owner or occupiers in accordance with the provisions of this Act. ] pipes.

281. 3[(1)] No water-pipes shall be laid in a drain or on the surface of an Water-pipes,

etc., not to be
open channel or house-gully or within twenty feet of a cesspool, or in any placed where
position where the pipe is likely to be injured or the water therein polluted; water will be
polluted.
and no well or tank, and except with the consent of the Commissioner, no
cistern shall be constructed within twenty feet of a 4[privy, water-closet or]
cesspool.
[(2) Whoever contravenes the provisions of sub-section (1) shall, on
5

conviction, be punished with imprisonment for a term which may extend to

one month or with fine which shall not be less then five hundred rupees and
which may extend upto five thousand rupees or with both.]
282. (1) No person shall fraudulently dispose of any water supplied to Prohibition of
fraudulent and
him by the corporation. unauthorised
use of water.
(2) No person to whom a private supply of water is furnished by the
corporation shall, except when the water supplied is charged for by
measurement, permit any person who does not reside on premises in respect
of which water-tax is paid to carry away water from the premises to which it
is supplied.
(3) No person, who does not reside on premises in respect of which water-
tax is paid shall carry away water from any premises to which a private
supply is furnished by the corporation, unless, in any case in which such
supply is charged for by measurement, he does so with the permission of the
person to whom such supply is furnished.
283. (1) No person shall fraudulently— Prohibition of
fraud in
(a) alter the index to any meter or prevent any meter from duly respect of
registering the quantity of water supplied ; meters.

(b) abstract or use water before it has been registered by a meter set up
for the purpose of measuring the same.
(2) The existence of artificial means under the control of the consumer for
causing any such alteration, prevention, abstraction or use shall be evidence
that the consumer has fraudulently effected the same.

1
Section 280A was instered by Bom. 8 of 1918, s.14.
2
Section 280B was instered by Mah. 21 of 1989, s 39.
3
Section 281 was re-numbered as sub-section (1) of that section, by Mah. 21 of 1989, s. 39.
4
These words were inserted by Bom. 5 of 1905, s. 39.
5
Sub-section (2) was added by Mah. 21 of 1989, s. 39.

H 4094—35a
 H 4094 (241-253)—L–1
242 Mumbai Municipal Corporation Act [1888 : Bom. III

[(3) Whoever contravenes the provisions of sub-section (1) shall, on

l

conviction, be punished with imprisonment for a term which may extend to

one month or with a fine which shall not be less than five hundred rupees
and which may extend upto five thousand rupees or with both.]

General Provisions
Prohibition of 284. 2[(1)] No person shall wilfuly or negligently—
wilful or
neglectful acts (a) injure or suffer to be injured any meter belonging to the corporation
relating to or any of the fitting of any such meter ;
water works.
(b) break, injure or open any lock, cock, valve, pipe, work, 3[engine, cistern
or fitting] appertaining to any municipal water-work;
(c) flush or draw off the water from any such water-work, thereby causing
such water to be wasted ;
(d) do any act 4[or suffer any act to be done] whereby the water in or
derived from any municipal water-work shall be wasted ;
(e) obstruct, divert or in any way injure or alter any water-main or duct;
[(f) except with the permission of the Commissioner open, break, injure
5

or tamper with any lock furnished under section 274A.]

[(g) misuse the water duly provided by the Corporation for a specific
6

purpose or use the same for any other purpose, whether specified or not]
[(2) Whoever contravenes any of the provisions of sub-section (1) shall, on
7

conviction, be punished,—
(a) for the first offence, with an imprisonment for a term which may
extend to one month or with a fine which shall not be less than one hundred
rupees and which may extend upto one thousand rupees or with both ;
(b) for the second every subsequent offence, with imprisonment for a
term which may extend to six months or with fine which shall not be less
than two hundred rupees and which may extend upto two thousand rupees
or with both.]
Compensation 285. Compensation shall be paid by the offender for any damage which
to be payable
by offenders the corporation sustains by reason of any contravention of section 283 or
against section section 284.
283 or 284.

What persons [286. If it shall be shown that an offence against some provision of this
8
to be liable for
offences under Chapter or against some bye-law made under this Act at the time in force
certain
provisions of
relating to water supply has occurred on any premises to which a private
this Chapter. supply of water is furnished by the corporation, the owner, the person
primarily liable for the payment of water-tax and the occupier of the said
premises shall be jointly and severally liable for the same.]

1
Sub-section (3) was added by Mah. 21 of 1989, s. 40.
2
Section 284 was re-numbered as sub-section (1) of that section,by Mah. 21 of 1989, s. 41.
3
These words were substituted for “ or engine ” by Bom. 5 of 1938. s 32(a).
4
These words were inserted by Bom. 8 of 1918. s. 15.
5
This clause was inserted by Bom. 5 of 1938, s.32(b).
6
Clause (g) was added by Mah. 21 of 1989, s. 41(a).
7
Sub-section (2) was added by Mah. 21 of 1989, s. 41(b).
8
This section was substituted for the original, by Bom. 5 of 1938, s 33.
 H 4094 (241-253)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 243

[287. On the written request of any person who is required under any of
1
When materi-
the provisions of this Chapter to supply any materials, fittings, cistern or als and works
may be
lock and key or to do any work, the Commissioner may, on such person’s supplied and
behalf, supply the necessary materials, fittings, cistern or lock and key, as done under
this Chapter
the case may be, or cause the necessary work to be done; but he shall not do for any person
so in any case to which the provisions of section 493 or 495 will not apply, by the
Commissioner.
unless a deposit is first of all made by the said person of a sum which will, in
the opinion of the Commissioner, suffice to cover the cost of the said material,
fitting, cistern, lock and key or work.]
2
[287A. (1) The Commissioner may, if he thinks fit, cause any work Commissioner
may execute
described in this Chapter to be executed 3[or any cistern to be supplied with works under
a lock and key] by municipal or other agency under his own orders, without this Chapter
without
first of all giving the person by whom the same would otherwise have to be allowing option
executed 3[or supplied] the option of doing 3[or supplying] the same. to persons
(2) The expenses of any work so done (or of supplying such lock and key) concerned of
executing the
shall be paid by the person aforesaid, unless the corporation shall, by a general same.
or special order or resoulation, sanction, as they are hereby empowered to
sanction, the execution of such work 4[or the supply of such lock and key], at
the charge of the municipal fund.]
5
[287B. (1) No person other than a licensed plumber shall execute any Works under
Chapter X to
work described in this Chapter, 6[(other than the provision of a lock and be done by
key)] and no person shall permit any such work to be executed except by a licensed
plumber.
licensed plumber.
(2) Every person who employs a licensed plumber to execute any such work
shall when so required, furnish to the Commissioner the name of such plumber.
7
[(3) Where any person causes or permits any pipe, cistern or fitting or
other work necessary for conveying a private supply of water from a municipal
water-work into any premises to be laid, applied or executed in contravention
of sub-section (1), he shall, in addition to being liable to the penalty prescribed
for such contravention, not be entitled to an independent or branch
connection, until the defects, if any, in such pipe, cistern, fitting or work are
removed to the satisfaction of the Commissioner.]
288. The Commissioner may supply water from a municipal water-work Power to
supply water
to any local authority or person without 8[Brihan Mumbai] on such terms as without
to payment and as to the period and conditions of supply as shall be, either 8
[Brihan
generally or specially, approved by the corporation. Mumbai].

CHAPTER XI
REGULATION OF STREETS
Construction, Maintenance and Improvement of Public Streets
289. (1) All streets within 9[Brihan Mumbai] being or which at any time Vesting of
public streets in
become public streets, and the payments, stones and other materials thereof the Corpora-
shall vest in the 10[Corporation] and be under the control of the Commissioner : tion.

1
This section was substituted for the original, by Bom. 5 of 1938, s. 34.
2
Section 287A was inserted by Bom. 5 of 1905, s. 40.
3
These words were inserted by Bom. 5 of 1938, s. 35.
4
These words were inserted by Bom. 5 of 1938, s. 35.
5
This section was inserted by Mah. 8 of 1918, s. 17.
6
These words and brackets were inserted by Mah. 8 of 1918, s. 36 (1).
7
This sub-section was substituted for the original by Mah. 8 of 1918, s 36 (2).
8
These words were substituted for the word “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
9
These words were substituted for the word “ Greater Bombay ” by Mah. 25 of 1996,s. 2, Schedule.
10
This word was substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 108.
 H 4094 (241-253)—L–1
244 Mumbai Municipal Corporation Act [1888 : Bom. III

1
[Provided that no public street which on the day immediately preceding
the date of the coming into force of the Bombay Municipal (Extension of
Limits) Act, 1950,2[or the day immediately preceding the date of the coming
into force of the Bombay Municipal [Further Extension of Limits and Schedule Bom.
VII of
BBA (Amendment)] Act, 1956], vested in Government shall, unless the State 1950.
Government so directs, vest in the 3[Corporation] by virtue of this sub-section.] Bom.
VIII
Powers of (2) The Commissioner shall from time to time, cause all such streets to be of
Commis- 1956.
sioner in levelled, metalled or paved, channeled, altered and repaired, as occasion
respect of shall require, he may also from time to time widen, extend or otherwise
public
streets. improve any such street or cause the soil thereof to be raised, lowered or
altered and may place and keep in repair fences and posts for the safety of
foot-passengers :
Provided that no widening, extension or other improvement of a public
street the aggregate cost of which will exceed 4[ten lakhs rupees,] shall be
undertaken by the Commissioner unless or until such undertaking has been
authorised by the 3[Corporation].
(3) With the sanction of the 3[Corporation] the Commissioner may
permanently close the whole or any part of a public street :
Provided that such sanction of the 3[Corporation] shall not be given unless,
one month at least before the meeting at which the matter is decided, a notice
signed by the Commissioner has been put in the street or part of a street
which it is proposed to close, informing the residents of the said proposal,
nor until the objections to the said proposal, if any, made in writing at any
time before the day of the said meeting, have been received and considered
by the 3[Corporation].
Disposal of 290. Whenevere any public street, or part of a public street, is permanently
land forming
site of closed closed under section 289, the site of such street, or of the portion thereof
streets. which has been closed, may be disposed of as land vesting in the corporation.
Power to make 291. The Commissioner, when authorised by the corporation in this behalf
new public
streets. may at any time—
(a) lay out and make a new public street ;
(b) agree with any person for the making of a street for public use through
the land of such person, either entirely at the expense of such person or
partly at the expense of such person and partly at the expense of the
corporation, and that such street shall become, on completion, a public
street ;
[(c) declare any street made under an improvement scheme duly
5

executed in pursuance of the provisions of the City of Bombay Improvement Bom.

IV of
Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, to 1898.
be a public street.] Bom.
XVI
of
1925.
Saving of 292. Nothing in sub-sections (1) and (3) of section 289 or in the two last
provisions of
sections 37 and preceding sections shall be deemed to affect the provisions of sections 37 Bom.
38 of Bom. Act and 38 of the Bombay Port Trust Act, 1879. VI of
VI of 1879. 1879.

1
This proviso was added by Bom. 7 of 1950, s. 21.
2
This portion was inserted by Bom. 58 of 1956, s. 14.
3
This words were substituted for the words “ the Mayor-in-Council “ by Mah. 27 of 1999, s. 108.
4
These words were substituted for the words “ three lakhs rupees “ by Mah. 10 of 1998, s. 129(a).
5
Clause (c) was inserted by Bom. 13 of 1933, s. 34.
 H 4094 (241-253)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 245

293. [Permission to lay tramways or railways on public streets to need the

sanction of the corporation and confirmation by Provincial Governments.]
Repealed by Bom. XLVIII of 1948,s.39.
294. No new public street made under section 291 shall be less than forty Minimum
width of new
feet in width if such street be made for carriage traffic, or twenty feet if such public streets.
street be made for foot traffic only ; and no steps and except with the written
permission of the Commissioner under section 310, no other projection shall
extend on to any such street.
295. The Commissioner, when authorised by the corporation in this behalf, Power to
construct or
may agree— adopt public
(a) with any person to adopt and maintain any existing or projected bridges,etc.,
bridge, viaduct or arch, and the approaches thereto, and may accordingly over or under
railways, etc.
adopt and maintain such bridge, viaduct or .arch and approaches as parts
of public streets, or as property vesting in the corporation ; or
(b) for the construction of alteration of any such bridge, viaduct or arch
or for the purchase or acquisition of any adjoining land required for the
foundation and support thereof or for the approaches thereto, either
entirely at the expense of such person or partly at the expense of such
person and partly at the expense of the corporation.
296. (1) The Commissioner may, subject to the provisions of section 90, 91 Power to
acquire
and 92— premises for
(a) acquire any land required for the purpose of opening, widening, improvement of
public street.
extending or otherwise improving any public street or of making any new
public street, and the buildings, if any standing upon such land;
(b) acquire in addition to the said land and the buildings, if any, standing,
thereupon, all such land with the buildings, if any, standing thereupon, as
it shall seem expedient for the corporation to acquire outside of the regular
line, or of the intended regular line, of such street ;
(c) lease, sell or otherwise dispose of any land or building purchased
under clause (b).
(2) Any conveyance of land or of a building under clause (c) may comprise
such conditions as the Commissioner thinks fit, as to the removal of the
existing building, the description of new building to be erected, the period
within which such new building shall be completed and other such matters.

Preservation of Regular Line in Public Streets

1
[297. (1) The Commissioner may :— Prescribing the
regular line of
(a) prescribe a line on each side of any public street : a street.
2
[Provided that in the case of any public street in the suburbs the regular
line of a public street operative under any law in force in any part of the
suburbs on the day immediately preceding the date of coming into force of
Bom. VII the Bombay Municipal (Extension of Limits) Act, 1950, 3[land in the case of
of 1950.
any public street in the extended suburbs the regular line of a public street
operative under any law in force in any part of the extended suburbs on
the day immediately preceding the date of the coming into force of the
Bom. Bombay Municipal [Further Extension of Limits and Schedule BBA
LVIII of
1956. (Amendment)] Act, 1956] shall be deemed to be a line prescribed by the
Commissioner under this clause.]

1
Section 297 was substituted for the original section by Bom. 5 of 1905, s. 42.
2
This proviso was added by Bom. 7 of 1950, s. 22.
3
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 15.
 H 4094 (241-253)—L–1
246 Mumbai Municipal Corporation Act [1888 : Bom. III

(b) from time to time, but subject in each case to his receiving the authority
of the corporation in that behalf, prescribe a fresh line in substitution for any
line so prescribed or for any part thereof provided that such authority shall
not be accorded—
(i) unless, at least one month before the meeting of the corporation at
which the matter is decided public notice of the proposal has been given
by the Commissioner by advertisement in local newspapers as well as in
the 1 [Official Gazette], and special notice thereof, signed by the
Commissioner, has also been put up in the street or part of the street for
which such fresh line is proposed to be prescribed, and
(ii) until the corporation have considered all objections to the said
proposal made in writing and delivered at the office of the municipal secretary
not less than three clear days before the day of such meeting.
(2) The line for the time being prescribed shall be called ‘ the regular line
of the street ’.
(3) No person shall construct any portion of any building within the regular
line of the street except with the written permission of the Commissioner,
who shall, in every case in which he gives such permission, at the same time
report his reasons in writing to the 2[Standing Committee].
Setting back 298. (1) If any part of a building abutting on a public street is within the
buildings to
regular line regular line of such street, the Commissioner may, whenever it is proposed—
of the (a) to rebuild such building or to take down such building to an extent
street.
exceeding one-half thereof above the ground level, such half to be measured
in cubic feet ; or
(b) to remove, re-construct or make any addition to any portion of such
building, which is within the regular line of the street,
in any order which he issues, under section 345 or 346, concerning the re-
building, alteration or repair of such building require such building to be set
back to the regular line of the street.
(2) When any building, or any part thereof within the regular line of a
public street, falls down, or is burnt down, or is taken down whether under
the provisions of section 351 or 354 or otherwise, the Commissioner may at
once take possession on behalf of the corporation of the portion of land within
the regular line of the street therefor occupied by the said building, and, if
necessary, clear the same.
(3) Land acquired under this section shall thence forward be deemed a
part of the public street and shall vest, as such, in the corporation.
Acquisition 299. (1) If any land not vesting in the corporation, whether open or
of open land enclosed, lies within the regular line of a public street, and is not occupied by
or of land
occupied by a building, or if a platform, verandah, step or some other structure external to a
platforms, building abutting on a public street, or a portion of a platform, verandah, step or
etc., within
the regular other such structure, is within the regular line of such street, the Commissioner
line of a may, after giving to the owner of the land or building not less than seven
street.
clear days written notice of his intention so to do, take possession on behalf
of the corporation of the said land with its enclosing wall, hedge or fence, if
any, or of the said platform, verandah, step or other such structure as
aforesaid, or of the portion of the said platform, verandah, step or other such

1
The words “ Official Gazette ” were substituted for the words “Bombay Government Gazette ” by the
Adaptation of Indian Laws Order in Council.
2
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 109.
 H 4094 (241-253)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 247

structure aforesaid which is within the regular line of the street, and, if necessary,
clear the same and the land so acquired shall thence forward be deemed a part
of the public street.
(2) Provided that, when the land or building is vested in 1[the 2[Government]
possession shall not be taken as aforesaid without the previous sanction of
the Government concerned and, when the land or building is vested] in any
corporation constituted by Royal Charter or by an Act of Parliament, 3[of the
United Kingdom] or 4[by an Indian Law,] possession shall not be taken as
aforesaid without the previous sanction of 5[the 6[State] Government].
300. (1) If any building which abuts on a public street is in rear of the regular Setting
forward of
line of such street the Commissioner may, whenever it is proposed— buildings to
regular line
(a) to rebuild such building, or of the
street.
(b) to alter repair such building in any manner that will involve the
removal or re-erection of such building, or of the portion thereof which abuts
on the said street, to an extent exceeding one-half of such building or portion
thereof above the ground-level, such half to be measured in cubic feet,
in any order which he issues, under section 345 or 346, concerning the re-
building, alternation or repair of such building, permit or, with the approval
of the standing committee, require such building to be set forward to the
regular line of the street.
(2) For the purposes of this section, a wall separating any premises from a
public street shall be deemed to be a building ; and it shall be deemed to be a
sufficient compliance with a permission or requisition to set forward a
building to the regular line of a street if a wall of such materials and dimensions
as are approved by the Commissioner is erected along the said line.
301. 7[(1) Compensation shall be paid by the Commissioner to the owner Compensa-
tion to be
of any building or land acquired for a public street under section 298 or 299, paid in cases
for any loss which such owner may sustain in consequence of his building or under the
three last
land being so, acquired and for any expense incurred by such owner in sections.
consequence of the order made by the Commissioner under either of the said
sections ; provided that any increase or decrease in the value of the remainder
of the property of which the building or land so acquired formed part likely
to accrue from the set-back to the regular line of the street shall be taken
into consideration and allowed for in determining the amount of such
compensation.]
(2) If, in consequence of any order to set forward a building made by the
Commissioner under the last preceding section, the owner of such building
sustains any loss or damage, compensation shall be paid to him by the
Commissioner for such loss or damage.

1
These words were substituted for the words “ Her Majesty or ” by the Adaptation of Indian Laws Order
in Council.
2
This word was substituted for the word “ Crown ” by the Adaptation of Laws Order, 1950.
3
These words were inserted, ibid.
4
The words “ by an Indian Law ” were substituted for the words “ of the Governor General of India in
Council or of the Governor in Council ” by the Adaptation of Indian Laws Order in Council.
5
The words “ the Provincial Government ” were substituted for the word “ Government ”, ibid.
6
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7
This sub-section was substituted for the original by Bom. 1 of 1925, s.19.

H 4094—36
 H 4094 (241-253)—L–1
248 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) If the additional land which will be included in the premises of any
person required or permitted under the last preceding section to set forward
a building belongs to the corporation, the order or permission of the
Commissioner to set forward the building shall be a sufficient conveyance to
the said owner of the said land; and the 1[price to be paid to the corporation
by the said owner for such additional land and the other] terms and conditions
of the conveyance shall be set forth in the said order or permission.
(4) If when the Commissioner requires a building to be set forward, the
owner of the building is dissatisfied with 2[the price fixed to be paid to the
corporation or any of the other] terms and conditions of the conveyance, the
Commissioner shall, upon the application of the said owner at any time within
fifteen days after the said terms and conditions are communicated to him,
refer the case for the determination of the Chief Judge of the Small Cause
Court, whose decision thereupon shall be conclusive.
Provisions concerning private streets
Notice to be 3
[302. (1) Every person who intends—
given to
Commis- (a) to sell or let on lease any land subject to a covenant or agreement on
sioner of the part of a purchaser or lessee to erect buildings thereon, or
intention to
lay out (b) to divide land into building plots, or
lands for (c) to use any land or permit the same to be used for building purpose, or
building and
for private (d) to make or lay out a private street, whether it is intended to allow
streets.
the public a right of passage or access over such street or not, shall give
written notice of his intention to the Commissioner, and shall, along with
such notice submit plans and sections, showing the situation and boundaries
of such building, land and the site of the private street (if any) and also the
situation and boundaries of all other land of such person of which such
building land or site forms, a part, and the intended development, laying
out and plotting of such building, land, and also the intended level,
direction, and width and means of drainage of such private street and the
height and means of drainage and ventilation of the building or buildings
proposed to be erected on the land and, if any building when erected will
not abut on a street then already existing or then intended to be made as
aforesaid, the means of access from and to such building.
(2) Nothing in this section or in sections 302A, 302B, 303 or 304 shall be
deemed to affect or to dispense with any of the requirements of Chapter XII.]
Commis- 3
[302A. If any notice given under section 302 does not supply all the
sioner may
call for information which the Commissioner deems necessary to enable to him to
further deal satisfactorily with the case, he may, at any time within thirty days after
particulars.
receipt of the said notice, by written notice require the person, who gave the
said notice to furnish the required information together with all or any of
the following documents, namely :—
(a) correct plans and sections in duplicate of the proposed private street,
which shall be drawn to a horizontal scale of not less than one inch to every
twenty feet and a vertical scale of not less than one and a half inches to ten
feet and shall show thereon the level of the present surface of the ground
above some known fixed datum near the same, the level and rate of inclination
of the intended new street, the level and inclinations of the street with which
it is intended to be connected and the proportions of the width which are
proposed to be laid out as carriage-way and foot-way respectively.

1
These words were added by Bom. 7 of 1921, s. 9(a).
2
These words were substituted for the original words, by Bom. 7 of 1921, s. 9(b).
3
Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of
l920, s.3.
 H 4094 (241-253)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 249

(b) a specification with detailed description of the materials to be employed

in the construction of the said street and its footpaths ;
(c) a plan showing the intended lines of drainage of such street and, of the
buildings proposed to be erected and the intended size, depth and inclination
of each drain, and the details of the arrangement proposed for the ventilation
of the drains ;
(d) a scheme accompanied by plans and section for the laying out into
streets, plots and open spaces of the other land of such person or of so much
of such other land as the Commissioner shall consider necessary before
applying to the 1[Standing Committee] for their approval of the determination
of the Commissioner].
[302B. The Commissioner may decline to accept any plan, section or
2 Commissioner
may require
description as sufficient for the purposes of section 302 and section 302A,
plan to be
which does not bear the signature of a licensed surveyor in token of its having prepared by
been prepared by such surveyor or under his supervision.] licensed
surveyor.
[303. (1) The laying out of land for building, the level, direction, width
2 Laying out of
land, private
and means of drainage of every private street, and the height and means of streets and
drainage and ventilation of and access to all buildings to be erected on such buildings to be
land or in either side of such street shall be fixed and determined by the determined by
Commissioner with the approval of the 3[Standing Committee] with the Commissioner.

general object of securing sanitary conditions, amenity, and convenience in

connection with the laying out and use of the land and of any neighbouring
lands.
(2) But if, within thirty days after the receipt by the Commissioner of any
notice under section 302 or of the plans, sections, description, scheme or
further information, if any, called for under section 302A, the disapproval by
the Commissioner with regard to any of the matters aforesaid specified in
such notice shall not be communicated to the person, who gave the same, the
proposals of the said person shall be deemed to have been approved by the
Commissioner.]
[304. (1) No person shall sell, let or use or permit the use of, any land
2 Land not to be
appropriated
for building or divide any land into building plots, or make or lay out or for building
commence to make or lay out any private street, unless such person has given and private
previous written notice of his intention as provided in section 302, nor until streets not to
the expiration of sixty days from delivery of such notice, nor otherwise than be laid out
until expiration
in accordance with such directions (if any), as may have been fixed and of notice nor
determined under sub-section (1) of section 303. otherwise than
(2) If any act be done or permitted in contravention of this section, the in accordance
with
Commissioner may by written notice require any person doing or permitting Commissioner’s
such act on or before such day as shall be specified in such notice by a directions.
statement in writing subscribed by him in that behalf and addressed to the
Commissioner, to show-cause why the laying out, plotting, street or building
contravening this section should not be altered to the satisfaction of the
Commissioner, or if that be in his opinion impracticable, why such street or
building should not be demolished or removed or why the land should not be
restored to the condition in which it was prior to the execution of the
unauthorised work, or shall require the said person on such day and at such
time and place as shall be specified in such notice to attend personally or by
an agent duly authorised by him in that behalf, and show-cause as aforesaid.

1
These words were substituted for the words “ Mayor-in-council ” by Mah. 27 of 1999, s. 110.
2
Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of
l920, s. 3.
3
These words were .substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 111.

H 4094—36a
 H 4094 (241-253)—L–1
250 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) If such person shall fail to show-cause to the satisfaction of the

Commissioner why such street or building should not be so altered,
demolished or removed or why such land should not be so restored, the
Commissioner may cause the work of alteration, demolition, removal or
restoration to be carried out and the expenses thereof shall be paid by the
said person.]
Levelling and 305. If any private street be not levelled, metalled or paved, sewered,
draining of
private streets. drained, channelled and lighted to the satisfaction of the Commissioner, he
may, with the sanction of the 1[Standing Committee], by written notice require
the owner of the several premises fronting or adjoining the said street or
abutting thereon to level, metal or pave, drain and light the same in such
manner as he shall direct.
Power to 306. (1) When any private street has been levelled, metalled or paved,
declare private
streets when sewered, drained, channelled and made good to the satisfaction of the
sewered etc. Commissioner, he may and, upon the request of the owner or of any of the
public streets.
owners of such street shall, if lamps, lamp-posts and other apparatus necessary
for lighting such street have been provided to his satisfaction 2[and if all
land-revenue payable to 3[the 4[State] Government] in respect of the land
comprised in such street has been paid] by notice in writing put up in any
part of such street, declare the same to be a public street, and thereupon the
same become a public street:
(2) Provided that no such street shall become a public street if, within one
month after such notice, has been put up, the owner of such street or of the
greater part thereof shall, by notice in writing to the Commissioner, object
thereto.
(3) Nothing in this section shall be deemed to affect the provisions of
sections 37 and 38 of the Bombay Port Trust Act, 1879. Bom. VI
of 1879.
Applicability of 307. If a portion only of any street is a public street, within the meaning
sections 305
and 306 when of that term as defined in clause (x) of section 3, the other portion of such
a street is in street may for all purposes of sections 305 and 306 be deemed to be a private
part public and
in part private. street.

Projections and Obstructions.

Prohibition of 308. (1) No person shall erect, set up or place against or in front of any
projections
upon streets, premises any structure or fixture, which will—
etc.
(a) overhang, jut or project into, or any way encroach upon, or obstruct the
safe or convenient passage of the public along, any street, or
(b) jut or project into or encroach upon any drain or open channel in any
street, so as in any way to interfere with the use or proper working of such
drain or channel or to impede the inspection of cleansing thereof,

1
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 112
2
These words were inserted by Bom. 19 of 1930, s. 12.
3
The words “Provincial Government” were substituted for the word “Government” by the Adaptation of
Indian Law Order in Council.
4
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
 H 4094 (241-253)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 251

(2) The Commissioner may, by written notice, require the owner or occupier Power to
require
of any premises to remove any structure or fixture which has been erected, removal of
set up or placed against, or in front of, the said premises in contravention of the same.
Bom. this section 1[or of section 196 of the 2[Bombay Municipal Act, 1872,] 3[or, of
III of
1872 any provision of law in force on the day immediately preceding the date of
Bom. the coming into force of the Bombay Municipal (Extension of Limits) Act,
VII of 1950] 4[or any provision of any law in force on the day immediately preceding
1950.
Bom. the date of the coming into force of the Bombay Municipal [Further Extension
LVIII of Limits and Schedule BBA (Amendment)] Act, 1956] or to alter the same in
of
1956. such manner as the Commissioner thinks fit to direct.
(3) If the occupier of the said premises removes or alters any structure or
fixture in accordance with such notice, he shall be entitled, unless the
structure or fixture was erected, set up or placed by himself, to credit in
account with the owner of the premises for all resonable expenses incurred
by him in complying with the said notice.
309. 5[(1) If any structure or fixture as is described in section 308 has Power to
require
been erected, set up or placed against, or in front of, any premises at any time— removal or
(a) before the first day of April 1901, in the case of premises situated in alteration of
structures etc.,
an area in the suburbs which immediately before the date of the coming in suburbs
into force of the Bombay Municipal (Extension of Limits) Act, 1950, 6[or in
9
Bom. [ and
VII of extended
1950.
the case of premises situated in an area in the extended suburbs which suburbs].
Bom. immediately before the date of the coming into force of the Bombay
LVIII Municipal [Further Extension of Limits and Schedule BBA (Amendment)]
of
1956.
Act, 1956] constituted a municipal district or municipal borough ;
(b) before the date of the coming into operation of the 7[said Acts] in the
case of premises situated in any area of the suburbs 8[or, as the case may
be, the extended suburbs] other than the area referred to in clause (a); and
Bom. (c) before the Bombay Municipal Act, 1872, came into force, in the case
III of
1872.
of premises situated in the city;
the Commissioner may give notice as aforesaid to the owner or occupier of
the said premises.]
(2) But, if in any such case the structure or fixture shall have been lawfully
erected, set up or placed, compensation shall be paid by the Commissioner
to every person who sustains loss or damage by the removal or alteration
thereof.
310. (1) The Commissioner may give a written permission, on such terms Projections
[as he shall in each case think fit] to the owner or occupier of any building
10 over streets
may be
abutting on any street— permitted in
certain
(a) to erect an arcade over such street or any portion thereof, or cases.
(b) to put up a verandah, balcony, sunshade, weather-frame or other
such structure or thing projecting from any upper storey over any street
or portion thereof :

1
These words and figures were inserted by Bom. 4 of 1888, s. 6.
2
Bom. 3 of 1872 was repealed by s. 2 of this Act.
3
These words, bracket and figures were inserted by Bom. 7 of 1950, s. 23.
4
These words, bracket and figures were inserted by Bom. 58 of 1956, s. 16.
5
Sub-section (1) was substituted for the original by Bom. 7 of 1950, s. 24.
6
These words, bracket and figures were inserted by Bom. 58 of 1956, s. 17(1) (a).
7
These words were substituted for the words “said Act”, by Bom. 58 of 1956., 17(1)(b).
8
These words were inserted, by Bom. 58 of 1956.
9
These words were added, by Bom. 58 of 1956, 17(2).
10
These words were substituted for the words “may be sanctioned by the Member-in-Charge” by Mah. 27
of 1999, s. 113.
 H 4094 (241-253)—L–1
252 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) Provided that no permission shall be given by the Commissioner for

the erection of an arcade in any public street in which the construction of
arcades has not been previously sanction by the corporation.
(3) The provisions of section 308 shall not be deemed to apply to any arcade,
verandah, balcony, sunshade, weather-frame or other structure or thing
erected or put under and in accordance with the terms of a permission granted
under this section.
Ground-floor 311. The Commissioner may at any time, by written notice require the
doors, etc., not
to open owner of any premises on the ground-floor of which any door, gate, bar or
outward on window opens outwards upon a street, or upon any land required for the
streets.
improvement of a street, in such manner as in the opinion of the
Commissioner, to obstruct the safe or convenient passage of the public along
such street to have the said door, gate, bar or window altered so as not to
open outwards.

Prohibition of 312. (1) No person shall, except with the permission of the Commissioner
structures or
fixtures which
under section 310 or 317, erect or setup any wall, fence, rail, post, step, booth
cause obstruc- or other structure or fixture in or upon any street or upon over any open
tion in streets.
channel, drain, well or tank in any street so as to form an obstruction to, or
an encroachment upon, or a projection over, or to occupy, any portion of such
street, channel, drain, well or tank.
(2) Nothing in this section shall be deemed to apply to any erection or
thing to which clause (c) of section 322 applies.
Prohibitions of 313. (1) No person shall, except with the written permission of the
deposit etc., of
things in Commissioner—
streets.
(a) place or deposit upon any street or upon any open channel, drain or
well, in any street 1[or in any public place] any stall, chair, bench, box,
ladder, bale or other thing so as to form an obstruction thereto or
encroachment thereon ;
(b) project, at a height of less than twelve feet from the surface of the
street, any board, or shelf, beyond the line of the plinth of any building,
over any street or over any open channel, drain, well or tank in any street ;
(c) attach to, or suspend from, any wall or portion of a building abuting
on a street, at a less height than aforesaid anything whatever.
(2) Nothing in clause (a) applies to building-materials.
Licence for sale [313A. Except under and in conformity with the terms and provisions of a
2
in public places.
licence granted by the Commissioner in this behalf, no person shall hawk or
expose for sale in any public place or in any public street any article whatsoever,
whether it be for human ] consumption or not.]
Licence for use [313B. Except under and in conformity with the terms and provisions
3
of skill in
handicraft or of a licence granted by the Commissioner in this behalf, no person shall, for
rendering purposes of gain, use his skill in any handicraft or in rendering services to
services for
purposes of and for the convenience of the public in any public place or public street.]
gain in public
place or street.

1
These words were inserted by Bom. 19 of 1930, s. 13.
2
Section 313A was inserted by Bom. 1 of 1925, s 19-A.
3
This section was inserted by Bom. 5 of 1938, s. 37.
 H 4094 (241-253)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 253

314. The Commissioner may, without notice, cause to be removed— 5

[Power to
remove
(a) any wall, fence, rail, post, step, booth or other structure or fixture without notice
which shall be erected or set up in or upon any street, or upon or over any anything
erected,
open channel drain, well or tank contrary to the provisions of sub-secion deposited or
(1) of section 312, after the same comes into force l [in the city or in the hawked in
contravention
suburbs, after the date of the coming into force of the Bombay Municipal of section 312
Bom. VII (Extension of Limits) Act, 1950 2[or in the extended suburbs after the date or 313A.]
of 1950.
Bom.
of the coming into force of the Bombay Municipal [Further Extension of
LVIII of Limits and Schedule BBA (Amendment)] Act, 1956;]
1956.
(b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other
thing whatever placed, deposited, projected, attached, or suspended
in, upon, from or to any place in contravention of sub-section ( 1) of
section 313 ;
3
[(c) any article whatsoever hawked or exposed for sale in any public
place or in any public street in contravention of the provisions of section
313A and any vehicle, package, box, board, shelf or any other thing in or on
which such article is placed or kept for the purpose of sale.]
4
[(d) any person, unauthorisedly occupying or wrongfully in possession
of any public land, from such land together with all the things and material
unauthorisedly placed, projected or deposited on such land by such
person :
Provided that, the Commissioner shall, while executing such removal,
allow such person to take away his personal belongings and household
articles, such as cooking vessels, bed and beddings of the family, etc.]
315. (1) The Commissioner may, by written notice, require the owner or Power to
require
occupier of any premises contiguous to, or in front of, or in connection with removal of any
which any wall, fence, rail, post, step, booth or other structure or fixture, structure or
fixture erected
which it would be unlawful to erect or set up after section 312 comes into or set up
force, has been erected or set up before the said section comes into force 6[in before section
312 came into
the city or in, the suburbs, before the date of the coming into force of the force.
Bom. VII Bombay Municipal (Extension of Limits) Act, 1950] 7[or, as the case may be,
of 1950.
Bom. in the extended suburbs before the date of coming into force of the Bombay
LVIII of Municipal [Further Extension of Limits and Schedule BBA (Amendment)]
1956.
Act, 1956,] to remove the said wall, fence, rail, post, step, stall or other
structure or thing.
(2) But, if in any such case the structure or fixture shall have been lawfully
erected or set up, compensation, shall be paid by the Commissioner to every
person who sustains loss or damage by the removal or alteration thereof.
316. (1) No person shall tether any animal or cause or permit the same to Prohibition
of the
be tethered by any member of his family or household, in any public street. tethering of
(2) Any animal tethered as aforesaid may be removed by the Commissioner, animals in
the public
or by any municipal officer or servant, and made over to a police officer, or streets.
may be removed by a police officer, who shall deal therewith as with an animal
found straying.

1
These words, brackets and figures were inserted by Bom. 7 of 1950, s. 25.
2
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 18.
3
Clause (c) was inserted by Bom. 26 of 1956, s. 2(1).
4
Clause (d) was added by Mah. 11 of 2002, s. 23.
5
This marginal note was substituted for the original by Bom. 26 of 1956, s. 2(2).
6
These words, brackets and figures were inserted by Bom. 7 of 1950, s. 26.
7
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 19.
 H 4094 (254-280) L1
254 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Temporary Erections on Streets during Festivals

Commissioner 317. With the concurrence of the Police Commissioner the Commissioner
may permit
boths, etc., to
may grant a written permission for the temporary erection of a booth and
be erected on any other such structure on any street on occasion of ceremonies and festivals.
streets on
festivals. Provisions concerning execution of works in or near to streets
Street when 318. Whenever the soil or pavement of any street is opened or broken up
broken up for by or under the order of the Commissioner, or of any municipal officer or
any municipal
purpose to be servant, for the execution of any work on behalf of the corporation., the work
restored on account of which the same shall have been opened or broken up shall be
without delay.
completed and the soil or pavement filled in, reinstated and made good with
all convenient speed; and on completion of the work, the surplus of earth to
and materials, if any, excavated and a rubbish occasioned thereby shall be
removed without delay.
Commissioner 319. (1) The Commissioner may, whilst any such work as aforesaid or any
may close work which may lawfully be executed in any street is in progress, direct that
street in which
work is in the said street shall be wholly or partially closed for traffic or for traffic of
progress. such description as he shall think fit; and shall set up a conspicuous position
an order prohibiting traffic to the extent so directed, and fix such bars, chains
or posts across or in the street as he shall think proper for preventing or
restricting traffic therein.
(2) No person shall, without the permission of the Commissioner or without
the lawful authority, remove any bar, chain or post so fixed or infringe any
order prohibiting traffic on set up.
Commissioner 320. Whilst the execution of any work on behalf of the corporation is in
to provide for
traffic, etc.,
progress in any street, the Commissioner shall, so far as may be reasonably
pending practicable, make adequate provisions for the passage or diversion of traffic,
execution of for securing access to all premises approached from such street, and for any
municipal work
in any street. drainage, water supply or means of lighting which may be interrupted by
reason of the execution of the said work and shall pay compensation to any
person who sustains special damages by reason of the execution thereof.
Precautions to 321. (1) Whilst the execution on any work on behalf of the corporation is
be taken for
the public
in progress in any street, the Commissioner shall—
safety whilst (a) take proper precaution for guarding against accident by shoring up
municipal
works are in and protecting the adjoining building;
progress in any
street.
(b) have any place where the soil or pavement has been opened or broken
up fenced and guarded ;
(c) have a light sufficient for the warning of passengers set up and kept
every night against any such place and against any bars, chains or posts
set up under section 319, for so long as such place shall be continued open
or broken up, or such bars, chains or posts shall remain set up.
(2) No person shall, without the written permission of the Commissioner
or without other lawful authority, remove any shoring-timber or fence, or
extinguish any light, employed or set up for any of the purpose of this section.
Streets not to 322. (1) No person other than the Commissioner or a municipal officer or
be opened or servant shall, without the written permission of the Commissioner or without
broken up and
building other lawful authority,—
materials not
to be deposited (a) open, break up, displace, take up or make any alteration in, or cause
therein any injury to, the soil or pavement, or any wall, fence, post, chain or other
without
permission.
material or thing forming part of any street; or
(b) deposit any building materials in any street ;
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 255

(c) set-up in any street any scaffold or any temporary erection for the
purpose of any work whatever, or any posts, bars, rails, boards, or other
things by way of enclosure, for the purpose of making mortar or depositing
bricks lime, rubbish or other materials.
(2) Any permission granted under clause (b) or clause (c) shall be terminable
at the discretion of the Commissioner, on his giving not less than twenty-
four hours written notice of the termination thereof to the person to whom
such permission was granted.
1
[(3) Except in cases in which permission has been applied for under clause
(b) of sub-section (1) for the deposit of building materials in any street and no
reply has been sent to the applicant within seven days from the date of the
application the Commissioner may without notice, cause to be removed any
building materials, or any scaffold, or any temporary erection, or any posts,
bars, rails, boards or other things by way of enclosure, which have been
deposited or set-up in any street without the permission or authority specified
in sub-section (2), or which, have been deposited or set-up with such
permission or authority, have not been removed within the period'specified
in the notice issued under sub-section (2).
323. Every person to whom any permission is granted under section 322 Precautions for
public safety to
shall, at his own expense, cause the place where the soil or pavement has be taken by
been opened or broken up or where he has deposited building materials or persons to
set-up any scaffold, erection or other thing, to be properly fenced and guarded, whom permis-
sion is granted
and in all cases in which the same is necessary to prevent accidents, shall under section
cause such place to be well lighted during the night. 322.

324. (1) Every person to whom permission is granted under section 322 to Persons to
open or break up the soil or pavement of any street, or who, under other whom
permission is
lawful authority opens or breaks up the soil or pavement of any street, shall granted
with all convenient speed complete the work for which the same shall be under section
322 must
opened or broken up, and fill in the ground and reinstate and make good the reinstate
streetor pavement so opened or broken up without delay, to the satisfaction streets, etc.
of the Commissioner.
(2) If the said person shall fail to reinstate and make good the street or
pavement as aforesaid, the Commissioner may restore such street or
pavement, and the expenses incurred by the Commissioner in so doing shall
be paid by the said person.
325. The Commissioner may, by written notice, require any person to Provisions to
be made by
whom permission is granted under section 322 to open or break up the soil persons to
or pavement of any street, or who, under any other lawful authority, opens whom
or breaks up the soil or pavement of any street, for the purpose of executing permission is
granted under
any work, to make provision to his satisfaction for the passage or diversion section 322 for
of traffic, for securing access to the premises approached from such street traffic etc.,
when their
and for any drainage, water supply or means of lighting which may be works
interrupted by reason of the execution of the said work. interrupt
streets.
326. (1) No person who proposes to build, take down or re-build any Hoards to be
building or wall, or to alter or repair any part of any building or wall, shall, set up during
work on any
in any case in which the footway in any adjacent street will be thereby building
obstructed or rendered less convenient, commence doing so, without first adjacent to a
street.
having caused to be put up a proper and sufficient hoard or fence, with a
convenient platform and hand-rail, if there be room enough for the same and
the Commissioner shall think the same desirable, to serve as a footway for
passengers outside of such hoards or fence.

1
Sub-section (3) was inserted by Bom. 6 of 1913, s. 3.
 H 4094 (254-280) L1
256 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(2) No hoard or fence shall be so put up without the previous written

permission of the Commissioner, and every such hoard or fence put up with
such permission, with such platform and hand-rail as aforesaid shall be
continued standing and, maintained in good condition to the satisfaction of
the Commissioner, by the person who carries on the work, during such time
as may be necessary for the public safety and convenience and in all cases in
which the same is necessary to prevent accidents, the said person shall cause
such hoard or fence to be lighted during the night.
(3) The Commissioner may, by written notice, require the person aforesaid
to remove any hoard or fence so put up.
1
[Provisions for parking or halting places or lots

Provision for 326A. (1) The Commissioner may, in consultation with theCommissioner
parking or
halting places
of Police, Bombay, from time to time, earmark such places as he thinks fit to
or lots and fees be the parking or halting places or lots for vehicles on any part of the public
or charges
thereof. street or public place.
(2) The Commissioner may charge such fees or charges from any person
for use of such place or lot by him for parking or halting a vehicle for each
day or part thereof subject to such terms and conditions as he may think fit,
with the approval of the Corporation:
Provided that, the parking places and the rates of fees or charges for parking
vehicles under the pay and park scheme, as fixed by the Commissioner during
the period commencing on the 15th day of October 1988 and ending on the
day immediately preceding the date of commencement of the Bombay
Municipal Corporation (Amendment) Act, 1990 and approved by the Mah.
XXXXIV
Corporation shall be deemed to be the parking places and the rates of fees or of 1990.

charges fixed under this section, and they shall continue to remian in force
until altered or modified under this section.]
Powers of [326B. (1) The Commissioner may, from time to time, in consultation
2
Commissioner
to introduce with the Commissioner of Police, specify any area for being notified as an
traffic demand
measures. area for introduction of any “traffic demand measure” including road pricing
mechanisms, such as, area licensing, cordon pricing, supplementary licensing,
chargingfor, on street and off street parking, etc., foy entry of all vehicles.
Explanation.-For the purposes of this sub-section,—
(i) “ cordon pricing ” means the charges payable by the vehicles crossing
at all the points of entry to the designated area;
(ii) “ supplementary licensing ” means the licence fees levied in certain
areas of the city for usage of vehicles during specified hours.
(2) The Commissioner may charge, subject to such terms and conditions
as may be determined by the Corporation, such fees or charges from any
person or organisation or, as the case may be, institution, for use of such
areas for each day or part thereof. ]

1
This heading and section 326A shall be demed to have been inserted with effect from the 15th October
1988 by Mah. 34 of 1990, s. 4.
2
Section 326B was inserted by Mah. 11, of 2002, s. 4.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 257

327. (1) 1[The Commissioner] may, from time to time— Naming

streets and
(a) with the sanction of the corporation, determine the name by which numbering of
11
[premises].
any street shall be known ;

(b) cause to be put up or painted on a conspicuous part of any house at

or near each end corner or enterence to every street the name of such
street as so determined;

[(c) with the sanction of the corporation [determine the number or sub-
2

number by which any premises or part thereof] shall be known ;

[(d) by written notice require an owner of any premises or part thereof

4

either to put up by means of a metal plate a number or sub-number on such

premises or part thereof in such position and manner as may be specified in
such notice or to signify in writing * * that such work shall be executed
under the orders of the Commissioner.]]

(2) No person shall without the written permission of the Commissioner

or without other lawful authority destroy, remove, deface or [in any way
injure or alter any such name, number or sub-number or allow or cause any
metal plate bearing such number or sub-number to fall into disrepair or
otherwise become illegible or put up or paint any name or put up any number
or sub-number different from that put up or painted by order of the
Commissioner.]

[(3) 8[Where a number or sub-number is put up on any premises or part

7

thereof under the orders of the Commissioner in accordance with clause (d)
of sub-section (1), the expenses of such work shall be payable by the owner of
the premises or part thereof, as the case may be]:

Provided that the maximum rate of charge for such work shall be fixed by
the Commissioner with the previous sanction of the 9[Corporation].

[Explanation. —In this section ‘ premises ’ does not include land which is
10

not built upon.]

1
These words were substituted for the words " The Mayor-in-Council” by Mah. 27 of 1999, s. 114(a).
2
Clauses (c) and (d) were substituted for the original clause (c) by Bom. 2 of 1911, s.10 (1).
3
These words were substituted for the words “ determine the number by which any premises” by Bom.
22 of 1956, s. 2 (1) (a) (i).
4
This clause was substituted by Bom. 22 of 1956, s. 2 (1) (a) (i).
5
The words “ his desire” were deleted by Mah. 10 of 1998, s. 155 (a) (ii).
6
This portion was substituted for the portion beginning with the words “ in any way injure ” and ending
with the words “ by order of the Commissioner ” by Bom. 22 of 1956, s. 2 (1) (b).
7
This sub-section was added by Bom. 2 of the 1911, s.10(2).
8
This portion was substituted for the portion beginning with the words “ Where a number is put up” and
ending with the words “ owner of the premises ” by Bom. 22 of 1956, s. 2 (i) (c).
9
This word was substituted for the words “ Member-in-Charge ” by Mah. 27 of 1999, s. 114(b).
10
This Explanation was added by Bom. 22 of 1956, s.2 (1) (d).
11
This word was substituted for the word “ house ” by Bom. 22 of 1956, s. 2 (1) (e).
 H 4094 (254-280) L1
258 Mumbai Municipal Corporation Act [ 1888 : Bom. III

1
[Sky-signs and Advertisements.
Regulations as 328. (1) No person shall, without the written permission of the
to sky-signs.
Commissioner, erect, fix or retain any sky-sign, whether now existing or not,
2
[where a sky-sign is a poster depicting any scence from a cinematographic
film, stage play or other stage performance, such permission shall not be
granted, unless prior scrutiny of such poster is made by the Commissioner
and he is satisfied that the erection or fixing of such poster is not likely to
offend against decency or morality. No permission under this section] shall
be granted, or renewed, for any period exceeding two years from the date of
each such permission or renewal:
3
* * * * *
[Provided that] in any of the following cases a written permission or
4

renewal by the Commissioner under this section shall become void, namely :—
(a) if any addition to the sky-sign be made except for the purpose of
making it secure under the direction of the municipal 5[city engineer];
(b) if any change be made in the sky-sign, or any part thereof;
(c) if the sky-sign or any part thereof fall either through accident, decay
or any other cause ;
(d) if any addition or alteration be made to, or in, the building or structure
upon or over which the sky-sign is erected, fixed or retained, if such
addition or alteration involves the distribution of the sky-sign or any part
thereof;
(e) if the building or structure upon or over which the sky-sign is erected,
fixed or retained become unoccupied or be demolished or destroyed.
(2) Where any sky-sign shall be erected, fixed or retained after the 6[coming
into force of this section in the city or in the suburbs after the coming into
force of the Bombay Municipal (Extension of Limits) Act, 1950,] 7[or in the Bom. VII
of 1950.
extended suburbs after the coming into force of the Bombay Municipal Bom.
[Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956,] LVIII of
1956.
upon or over any land, building or structure save, and except as permitted as
herein before provided, the owner or person in occupation of such land,
building or structure shall be deemed to be the person who has erected, fixed
or retained, such sky-sign in contravention of the provisions of this section,
unless he proves that such contravention was committed by a person not in
his employment or under his control, or was committed without his
connivance.
(3) If any sky-sign be erected, fixed or retained contrary to the provisions
of this section, or after permission for the erection, fixing or retention thereof
1
This heading and new sections 328 and 328A were substituted for the original heading and section 328
by Bom. 7 of 1921, s. 10.
2
These words were substituted for the words “ no such written permission ” by Mah. 42 of 1976, s.9.
3
The proviso was deleted by Mah. 27 of 1999, s. 115(a).
4
These words were substituted for the words “ Provided further that ” by Mah. 27 of 1999, s. 115(6).
5
The words “ city engineer ” were substituted for the words “ executive engineer ” by Bom. 19 of 1930,
s 6.
6
These words, brackets and figures were substituted for the words “ enactment of this section ” by Bom.
7 of 1950, s.27.
7
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 20.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 259

for any period shall have expired or become void, the Commissioner may, by
written notice, require the owner or occupier of the land, building or structure,
upon or over which the sky-sign is erected, fixed or retained, to take down
and remove such sky-sign.
The expression “ sky-sign” shall in this section mean any word, letter, model,
sign, device or representation in the nature of an advertisement,
announcement or direction, supported on or attached to any post, pole,
standard frame-work or other support wholly or in part upon or over any
land, building or structure which, or any part of which sky-sign, shall be
visible against the sky from some point in any street and includes all and
every part of any such post, pole, standard frame-work or other support.
The expression “ sky-sign” shall also include any balloon, parachute, or
other similar device employed wholly or in part for the purposes of any
advertisement, announcement or direction upon or over any land, building
or structure or upon or over any street, but shall not include—
(a) any flagstaff, pole, vane or weathercock, unless adapted or used
wholly or in part for the purpose of any advertisement, announcement or
direction ;
(b) any sign, or any board, frame or other contriance securely fixed to or
on the top of the wall or parapet of any building, or on the cornice or blocking
cource of any wall, or to the ridge of a roof:
Provided that such board, frame or other contrviance be of one continuous
face and not open work, and do not extend in height more than three feet
above any part of the wall, or parapet or ridge to, against, or on which it is
fixed or supported ;
(c) any word, letter, model, sign, device or representation as aforesaid,
relating exclusively to the business of a railway company, and place wholly
upon or over any railway, railway station, yard, platform or station
approach belonging to a railway company and so placed that it cannot fall
into any street or public place ;
(d) any notice of land or building to be sold, or let, placed upon such
land or buildings.]
1
[328A. (1) No person shall, without the written permission of the Regulation and
control
Commissioner, erect, exhibit, fix or retain any advertisement whether now of
advertisements.
Regulation existing or not, upon any land, building wall, hoarding or
structure. 2
[Where an advertisement depicts any scene from a
cinematographic film, stage advertisements, play or other stage performance,
such permission shall not be granted,] unless prior scrutiny of such
advertisement is made by the Commissioner and he is satisfied that the

1
The heading and new sections 328 and 328A were substituted for the original heading, section 328 by
Bom. 7 of 1921, s. 10.
2
These words were substituted by Mah. 42 of 1976, s. 10 (a).
 H 4094 (254-280) L1
260 Mumbai Municipal Corporation Act [ 1888 : Bom. III

erection or exhibition of such advertisement is not likely to offend against

decency or morality:]
1
[Provided that, the power of the Commissioner under this sub-section
shall be subject to the regulations framed in this behalf:]
Provided always that [any permission under this section] shall not be
necessary in respect of any advertisement which is not an illuminated
advertisement nor a sky-sign and which-
(a) is exhibited within the window of any building;
(b) relates to the trade or business carried on within the land or building
upon which such advertisement is exhibited or to any sale or letting of
such land or building or any effects therein or to any sale, entertainment
or meeting to be held upon or in the same ; [or to the trade or business
carried on by the owner of any tram-car, omnibus or other vehicle upon
which such advertisement is exhibited];
(c) relates to the business of any railway company ;
(d) is exhibited within any railway station or upon any wall or other
property of a railway company, except any portion of the surface of such
wall or property fronting any street:
4
[Provided also that such permission shall not be necessary for a period of
three years—
(i) after the coming into force of the Bombay Municipal (Extension of Bom. VII
of 1950.
Limits) Act, 1950, in respect of advertisements upon a site in the suburbs
Bom. which was occupied by advertisements on the first day of January
1950 ;
(ii) after the coming into force of the Bombay Municipal [Further Extension Bom.
LVIII of
of Limits and Schedule BBA (Amendment) ] Act, 1956 in respect of 1956.
advertisements upon a site in the extended suburbs which was occupied by
advertisement on the first day of January 1956.]
(2) Where any advertisement shall be erected, exhibited, fixed or
retained after three months from the enactment of this section 5[or, as
the case may be, the coming into force of the Bombay Municipal Bom. VII
of 1950.
(Extension of Limits) Act, 1950] 6[or the cominginto force of the Bombay
Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Bom.
LVIII of
Act, 1956], upon any land, building, wall hoarding or structure saveand except 1956.
as permitted or exempted from permission as herein before provided, the
owner or person in occupation of such land, building, wall, hoarding or
structure shall be deemed to be the person who has erected, exhibited,

1
This proviso was inserted by Mah. 10 of 1998, s. 137.
2
These words were substituted for the words “ such permission”, by Mah 42 of 1976, s. 10(a).
3
These words were inserted by Bom. 19 of 1930, s. 15(a).
4
This proviso was substituted by Bom. 58 of 1956, s.21(1).
5
These words, brackets and figures were inserted by Bom. 7 of 1950, s.28(d).
6
These words, brackets and figures were inserted by Bom. 58 of 1956, s.21(9).
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 261

fixed or retained such advertisement in contravention of the provisions of

this section, unless he proves that such contravention was committed by a
person not in his employment or under his control or was committed without
his connivance.

(3) If any advertisement be erected, exhibited, fixed or retained contrary

to the provisions of this section after the written permission for the erection,
exhibition, fixing or retention thereof for any period shall have expired or
become void, the Commissioner may by notice in writing, require the owner
or occupier of the land, building, wall, hoarding or structure upon which the
same is erected, exhibited, fixed or retained, to take down or remove such
advertisement.

(4) 1[(a)] The word “structure” in this section shall include [a tram- car,
omnibus and any other vehicle and any moveable board] used primarily as an
advertisement or an advertising medium; 3[and

(b) the expression “illuminated advertisement ” in this section shall not

include an illuminated display of goods, if such display-

(i) is of goods merely bearing lables showing the name of the article or
of it’s manufacturer or of both, and

(ii) is made by lighting which is not, in the opinion of the Commissioner,

more than is necessary to make the goods and lables visible at night.]]

Dangerous Places

329. (1) If any place is, in the opinion of the Commissioner, for want of Commissioner
to take
sufficient repair, protection or enclosure, or owing to some work being carried proceedings
for
on thereupon, dangerous to passengers along a street, or to persons, other repairing or
than the owner or occupier of the said place, who have legal access thereto to enclosing
dangerous
the neighbourhood thereof, he may, by notice in writing, require the owner places.

or occupier thereof to repair, protect or enclose the said place or take such
other step as shall appear to the Commissioner necessary, in order to prevent
danger therefrom.

(2) The Commissioner may, before giving any such notice or before the
period of any such notice has expired, take such temporary measures as he
thinks fit to prevent danger from the said place. Any expense incurred by
the Commissioner in taking such temporary measures shall be paid by the
owner or occupier of the place to which the said notice refers.

1
The brackets and letter “(a)” were inserted by Bom. 12 of 1935, s. 2 (1).
2
These words were substituted for the words “ any moveable board on wheels " by Bom. 19 of 1930,
s. 15(d).
3
These words, brackets, figures and letter were added by Bom. 12 of 1935, s. 2 (2).
 H 4094 (254-280) L1
262 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Public 330. The Commissioner shall,—

streets to
be lighted. (a) take measures for lighting in a suitable manner the public srteets and
municipal markets and all buildings vesting in the corporation; and
(b) procure, erect and maintain such a number of lamps, lamp-posts and
other appurtenances as may be necessary for the said purpose; and
(c) cause such lamps to be lighted by means of oil, gas, electricity, or such
other light as the corporation shall from time to time determine; and may—
(d) place and maintain electric wires for the purpose of lighting such lamp
under, over, along or across, and posts, standards, stays, struts, brackets and
other contrivances for carrying, suspending or supporting lamps or electric
wires in or upon, any immoveable property without being liable to any claim
for compensation thereto:
Provided that such wires, posts, poles, standards, stays, struts, brackets
and other contrivances shall be so placed as to occasion the least practicable
inconvenience or nuisance to any person.

Prohibition of 331. No person shall, without lawful authority, take away or wilfully break,
removal etc., of
lamps.
throw down or damage—
(a) any lamp, lamp-post or lamp-iron set up in any public street or any
municipal market or building vesting in the corporation;
(b) any electric wire for lighting any such lamp;
(c) any post, pole, standard, stay, strut, brackets or other contrivance
for carrying, suspending or supporting any such electric wire or lamp; and
no person shall wilfully extinguish the light or damage any appurtenance
of any such lamp.

Persons 332. If any person shall, through negligence or accident, break any lamp-
accidentally
breaking lamp
set up in any public street or municipal market or building vesting in the
to repair the corporation he shall pay the expenses of repairing the damage so done by
damage.
him.

Manner of 333. (1) No gas pipe shall be laid in a drain or on the surface of an open
laying gas
pipes. channel or house-gully.
(2) Gas-pipes shall be laid at the greatest practicable distance from
waterpipes, having regard to the width of the street. Where the width of the
street will allow of it, the said distance shall not be less than four feet.
(3) When it is necessary for a gas pipe to cross a w ater-pipe, a gas pipe
shall, if practicable, be laid above the water-pipe. A gas-pipe so laid shall be
atleast nine feet in length and, as nearly as the situation will admit of shall
be so place, as to from with the water-pipe a right angle and so that no joint
in the gas-pipe will be nearer to any water-pipe than four feet. The greatest
particable distance shall be kept between a water-pipe and gas-pipe which
crosses it, and the gas pipe shall throughout its entire length, be sufficiently
bedded in with good sound clay or other fit material of a proper consistence,
which shall be well worked and rammed into a trench all round the gas-
pipe.
(4) If any gas-pipe be laid in any way contrary to the provisions of this
section the Commissioner may make such alteration with respect to such
pipe as he shall think necessary and the expenses thereof shall be paid by
the person under whose order or management the pipe has been laid.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 263

334. (1) The Commissioner may, whenever for any of the purposes of this Situation of
gas-pipes,
Act it shall appear to him necessary, by written notice, require the owner of etc., may be
altered by
any gas-pipe or of any other gas-work laid in any street to raise, sink or Commissioner.
otherwise, alter the situation of such pipe or work.
(2) Every alteration required to be made under sub-section (1) shall be
made at the charge of the municipal fund, and compensation shall be paid to
the owner by the Commissioner for the damage, if any, which he sustains by
reason of such alteration:
(3) Provided that no such alteration shall be made which will prevent gas
passing through any pipe or work as freely and conveniently as, having regard
to all the requirement of this Act, is practicable.

335. (1) Without the written permission of the Commissioner, no building Buildings,
etc., not to
wall or other structure shall be newly erected, and no street or railway shall be erected
without
be constructed over any gas-pipe belonging to the corporation. permission
over
(2) If any building, wall or other structure be so erected, or any street or municipal
gas-pipes.
railway be so constructed, the Commissioner may, with the approval of the
standing committee, cause the same to be removed or otherwise dealt with
as to the Commissioner shall appear fit and the expenses thereby incurred
shall be paid by the person offending.

Watering of streets

336. The Commissioner may,— Measures for

watering.
(a) take measures for having the public streets watered at such time and
seasons and in such manner as he shall think fit.
(b) procure and maintain such water-carts, animals and apparatus as he
shall think fit for the said purpose.

CHAPTER XII

BUILDINGS REGULATIONS

Notices regarding Erection of Buildings.

337. (1) Every person who shall intend to erect a building shall give to Notice to be
given to
the Commissioner notice of his said intention in a form, obtained for this Commissioner
of intention
purpose under section 344, specifying the position of the building intended to erect a
building.
to be erected, the description of building, the purpose for which it is intended,
1
* * its dimensions 2 [and the name of the person whom he intends to employ
to supervise its erection].

1
The word “ and ” was deleted by Bom. 5 of 1905, s. 44.
2
These words were added by Bom. 5 of 1905, s. 44.
 H 4094 (254-280) L1
264 Mumbai Municipal Corporation Act [ 1888 : Bom. III

[(2) In this Chapter “ to erect a building ” means—

1

(a) newly to erect a building, or

2
[(b) to re-erect,—
(i) any building by demolishing the existing building entirely; or
(ii) any building by removing the roof of the existing ground floor
structure and adding one or more upper floors, or] to re-erect,—
3
[(c) * * * * *]
(d) to convert into more than one dwelling-house a building originally
constructed as one dwelling-house only;
and a dwelling so erected , re-erected or converted is called in this Chapter
“ a new building’.]
Commissioner 338. 4[(1)] At any time within thirty days after receipt of any notice under
may require
plan and other section 337, the Commissioner may, by written notice, require the person who
documents to has given the notice first therein before in this section mentioned, to furnish
be furnished.
to the Commissioner all or any of the following documents, namely :—
5
[(a) correct plans and sections of every floor of the building intended
to be erected, which shall be drawn to a scale of not less than one inch to
every eight feet and shall show the position, from, dimension and means of
ventilation of and of access to the several parts of such building and its
appurtenances [and the particular part or parts thereof which are, and
those which are not, intended to be used for human habitation] and in the
case of a building intended to be used as a dwelling-house for two or more
families or for carrying on any trade or business in which a number of
people exceeding twenty may be employed are as a place of public resort,
the means of ingress and egress. Such plans and section shall also show
the depth and nature of the foundations and the proposed dimension of all
the walls, posts, columns, beams, joints and all girders and scantling to be
used in the walls, staircases, floors, and roofs of such building;]
7
[(b) a specification of each description of work proposed to be executed
and of the materials to be employed. Such specification shall include a
description of the proposed method of drainage of the building intended
to be erected and of the sanitary fitting to be used and also of the means of
water-supply and shall, if required by the Commissioner, be supplemented
by detailed calculations showing the sufficiency of the strength of any part
of such building;]
(c) a block plan of such building which shall be drawn tos [the scale of
the largest revenue survey map at the time being in existence for the locality
in which the building is, or is to be situated] and shall show the position
and appurtenances of the properties, if any, immediately adjoining the
width and level of the street, if any in front of and the street, if any, at the
rear of such building, the levels of the foundations and lowest floor or such
building and of any yard or ground belonging thereto 9[and the means of
access to such building];
(d) a plan showing the intended line of drainage of such building, and
the intended size, depth and inclination of each drain, and the details of
the arrangement proposed for the ventilation of the drains.
1
This sub-section was substituted for the original sub-section (2) by Bom. 1 of 1916, s.4.
2
This clause was substituted by Mah. 10 of 1998, s. 138 (1).
3
Clause (c) was deleted, by Mah. 10 of 1998, s.138(2).
4
Section 338 was re-numbered as section 338 (1) by Bom. 5 of 1905, s.45(1).
5
Clause (a) was substituted for the original clause (a), by Mah. 10 of 1998, s.45 (2).
6
These words were inserted by Bom. 1 of 1916, s. 5 (1).
7
Clause (b) was substituted for the original clause (6) by Bom 5 of 1905, s.45 (2).
8
These words were substituted for the words “ a scale of not less one inch to every forty feet” by Bom. 1
of 1916, s. 5 (2).
9
These words were added by Bom. 5 of 1905, s. 45 (3).
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 265

[(2) At any time within the said period the Commissioner may also by the
1

written notice require the said person to open for inspection any portion or
portions of the intended foundations or any portion or portions of the
foundation or walls of the existing building.]
339. The Commissioner may decline to accept any plan, section or Commissioner
may requirs
description sufficient for the purpose of the last preceding section, which plains etc.,
does not bear the signature of a licenced surveyor in token of its having submitted
under last
prepared by such surveyor or under his supersision. proceeding
section to be
prepared by
licenced
surveyor.

340. If the notice given tinder section 337 and the document, if any, Additional
information
furnished under section 338 do not supply all the information which the and the
Commissioner deems necessary to enable him to deal satisfactorily with attendance of
the person who
the case, Commissioner may, at any time, within thirty days after receipt gave the notice
of the said documents, by written, notice require the production of such may be
required.
further particulars and details as he deems necessary.
Effect of non-
341. If any requisition made under section 338 or 340 is not complied compliance
with, the notice given under section 337 shall be deemed not to have been with
requisition
given. under section
338 or 340.

Notices regarding execution of works not amounting to

the erection of a building
Notice to be
342. Every person who shall intend— given to the
(a) to make any addition to a building 2[or change of existing user]. Commissioner
of intention
3
[(b) to make any alteration or repairs to a building involving the to make
removal, alteration or re-erection of any part of the building except additons,
etc., to 4[or
tenantable repairs : change of
Provided that, no lowering of plinth, foundation or floor in a building user of] a
building.
shall be permitted.
Explanation.—“ Tenantable repairs ” in this section shall mean only,—
(i) providing guniting to the structural members or walls ;
(ii) plastering, painting, pointing ;
(iii) changing floor tiles ;
(iv) repairing W.C., bath or washing places ;
(v) repairing or replacing drainage pipes, taps, manholes and other
fittings;
(vi) repairing or replacing sanitary water plumbing, or electrical fitting;
and
(vii) replacement of roof with the same material but, shall not include,-
(a) change in horizontal and vertical existing dimensions of the
structure;
(b) replacement or removal of any structural members of load bearing
walls;
(c) lowering of plinth, foundations or floors;
(d) addition or extension of mezzanine floor or loft; and
(e) flattening of roof or repairing roof with different material.]

1
Sub-section (2) was inserted by Bom. 5 of 1905, s. 45 (4).
2
These words were added by Mah. 10 of 1998, s. 139 (a).
3
This portion was substituted, Mah. 10 of 1998, s. 139 (b).
4
These words were substituted for the words “ to a building ” by Mah. 10 of 1998, s. 139 (d).
 H 4094 (254-280) L1
266 Mumbai Municipal Corporation Act [ 1888 : Bom. III

[(c)
1
* * * *
[(cc) to make any alteration in a building involving—
2

(i) the sub-division of any room in such building so as to convert the

same into two or more separate rooms,
(ii) the conversion of any passage or space in such building into a room
or rooms, or]
(d) to remove or reconstruct any portion of a building abutting on a street
which stands within the regular line or such street,
shall give to the Commissioner, in a form obtained for this purpose under
section 344, notice of his said intention, specifying the position of the building
in which such work is to be executed, 3 *the nature and extent of the intended
work, 4[the particular part or parts, if any, of such work which is or are
intended to be used for human habitation] 5[and the name of the person whom
he intends to employ to supervise its execution],
Plans and 343.(1) If any notice given under the last preceding section does not supply
additional
information all the information which the Commissioner deems necessary to enable him
may be called. to deal satisfactorily with case, he may, at any time within thirty days after
receipt of the said notice, by written notice, require the person who gave the
notice first herein before in this section mentioned , to furnish plans and
sections 6[of the building and] of the intended new work or of any specified
portion of the intended new work, 7[and the provisions of sections 338, 339
and 341 shall apply to the intended new work so far as the Commissioner
may consider them to be applicable.]
8
[(2) The Commissioner may also, at any time within the said period by
written notice require the said person to open for inspection any portion or
portions of the foundations or walls of the existing building].
Forms of notices
Printed forms 344.(1) The Commissioner shall cause printed forms of notice for the
of notices to be
supplied to the purposes of section 337 or 342 be delivered to any person requiring the same,
public. on payment of such fee 9[* * * ] for each form as shall from time to time be
prescribed in this behalf by the Commissioner, with the approval of the
10
[Standing Committee].
(2) There shall be printed on the reverse of every such notice, or on a
separate paper supplied without extra charge therewith, a copy of sections
337, 338, 339, 340, 341, 342, 343 11[344A], 345, 346, 347, 348, 12[349, 349A, 349B],
13
[349 C and 349D] and of all by-laws made under clauses (c), (d) and (e) of
section 461 at the time in force.
Commencement of Work
Supervision of [344A. (1) Every person who intends to erect a building, or execute any
14
buildings and
works. such work as is described in section 342, shall employ a person who shall be
competent to the satisfaction of the Commissioner, to supervise the erection
of such building or the execution of such work.
1
This clause was deleted by Mah. 10 of 1998, s. 139(c).
2
This clause was inserted by Bom. 6 of 1916, s.5.
3
The word “ and ” was deleted by Bom. 5 of 1905, s.46.
4
These words were inserted by Bom. 1 of 1916, s. 6 (3).
5
These words were added by Bom. 5 of 1905, s.46.
6
These words were inserted by Bom. 5 of 1905, s. 47(1).
7
These words were substituted for the original words by Bom. 5 of 1905, s. 47(7).
8
Sub-section (2) was substituted for the original sub-section, ibid., s. 47 (2).
9
The words “not exceeding eight annas ” were deleted by Mah. 10 of 1998, s.140(a).
10
These words were substituted for the words “ Member-in-Charge” by Mah. 27 of 1999, s.116.
11
These figures and letters were inserted by Bom. 5 of 1905, s.48(a).
12
These figures and letters were substituted for the original word and figures by Bom. 5 of 1905, s. 48(b).
13
These figures and letters were substituted for the original word, figures and letter by Bom. 2 of 1911,
s. ll.
14
Section 344A was inserted by Bom. 5 of 1905, s.49.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 267

(2) The Commissioner may in each case require that the person to be so
employed shall be a licensed surveyor ; and the Commissioner shall, within
seven days from the receipt of the notice of intention under section 337 or
342, as the case may be—
(a) approve the person named therein to supervise the building or work, or
(b) return the said notice for amendment if the person so named—
(i) is not a licensed surveyor, and
(ii) is not, in the opinion of the Commissioner, a fit and proper person
to supervise such building or work.
(3) A notice of intention returned for amendment under sub-section (2)
shall be deemed not to have been given until it has been re-submitted duly
amended.
(4) Where the person so employed dies or ceases to be so employed before
such building or work is completed, the further erection of such building, or
the further execution of such work, shall forthwith be suspended until—
(a) a licensed surveyor whose name shall be forthwith reported to the
Commissioner, or
(b) another person approved by the Commissioner has been employed.]
345. If within thirty days after receipt of any notice under section 337 or When
342, or of the plan, section, description or further information, if any, called building or
work may be
for under section 338, 340 or 343, as the case may be, the Commissioner fails proceeded
to intimate in writing, to the person who has given the said notice, his with.
disapproval of the building which the said person proposes to erect, or of the
work which he proposes to execute; or if, within the said period, the
Commissioner signifies in writing to the said person his approval of the said
building or work;
the said person may, at any time within one year from the date of the
delivery of the notice to the Commissioner, proceed with the said building or
work in accordance with his intention as described in the notice or in any of
the documents aforesaid under this Act at the time in force.
346. (1) If the Commissioner disapproves of any building or work of which Building or
notice has been given as aforesaid or of any portion or detail thereof,, by work which
is
reason that the same will contravene some provision of this Act or some bye- disapproved
law made hereunder at the time in force or will be unsafe, he may, at any by the
Commissioner
time within thirty days of the receipt of the notice or of plan, section, may be
description or further information, if any, called for under section 388,340 or proceeded
with subject
343, as the case may be, by a written notice intimate to the person who gave to terms.
the notice first herein before in this section mentioned his said disapproval
and the reason for the same, and prescribed terms subject to which the
building or work may be deemed to be approved by him.
(2) The person who gave the notice concerning any such building or work
may proceed with the same, subject to the terms prescribed as aforesaid but
not otherwise at any time within one year from the date of receipt by him
under sub-section (l) of the written notice in this behalf, but not so as to
contravene any of the provisions of this Act or any bye-law made hereunder
at the time in force.
347. (1) No person shall commence to erect any building or to execute any When work
may be
such work as is described in section 342— commenced.
(a) until he has given noice of his intention as hereinbefore required to
erect such building or execute such work and the Commissioner has either
intimated his approval of such building or work or failed to intimate his
disapproval thereof within the period prescribed in this behalf in section
345 or 346;
 H 4094 (254-280) L1
268 Mumbai Municipal Corporation Act [ 1888 : Bom. III

[(aa) until he has given notice to municipal 2[city engineer] of the proposed
1

date of commencement. Where the commencement does not take place within
seven clear days of the date so notified, the notice shall be deemed not to
have been given];
(b) after the expiry of the period of one year prescribed in sections 345
and 346 respectively, for proceeding with the same.
(2) If a person, who is entitled under section 345 or 346 to proceed with
any building or work, fails so to do within the period of one year prescribed
in the said sections, respectively, for proceeding with the same he may at
any subsequent time give a fresh notice of his intention to erect such building
or execute such work, and thereupon the provisions hereinbefore contained
shall apply as if such fresh notice were a first notice of such person’s intention.
Building not to [347A. No person shall, without the written permission of the
3
be converted
to other Commissioner,-
purposes
without the (a) use or permit to be used for human habitation any part of a building
permission of not originally constructed or authorised to be used for that purpose, or
the
Commissioner. (b) convert into, or use, or permit to be used, as a chawl or building intended
to form a range for separate rooms or lodgers, a building not originally
designed or authorised to be so used.]
Building for [347B. No person shall without the written permission of the
4
human
habitation not Commissioner or otherwise than in conformity with the terms of such
to be used as permission use or permit to be used any building or any part of a building
godown, etc.
originally constructed or authorised to be used for human habitation as
godown, warehouse, workshop, workplace, factory, stable or a motor garage.]
No alternation [347C. No person shall without the written permission of the
4
to be made in
building for Commissioner or otherwise than in conformity with the terms of such
human permission make any alteration or cause any alteration to be made in an
habitation
without existing building originally constructed or authorised to be used for human
written habitation for the purpose of using it or causing it to be used as a godown,
permission of
Commissioner. warehouse, workshop, workplace, factory, stable or motor garage.]
Provision as to Structure, Materials, etc.
Provisions as 348. (1) With respect to building which are to be newly erected 5
* * * the
to building
which are to following provisions shall have effect, namely:—
be newly
erected.
(a) The erection of any such building on either side of a new street may be
disapproved by the Commissioner, unless and until such new street has been
levelled, matalled or paved, sewered and drained to the satisfaction of the
Commissioner,
(b) The erection of any such building in any part of 6[Brihan Mumbai]
in which the position and direction of the streets likely to be required in the
future have not yet been laid down or determined shall with the assent of
the 7[the Standing Committee] be disapproved by the Commissioner, unless
the site proposed for such building is, in the opinion of the Commissioner,

1
Clause (aa) was inserted by Bom. 5 of 1905. s. 50.
2
The word “ city engineer ” were substituted for the words “ executive engineer ” by Bom. 19 of 1930,s.6.
3
Section 347A was inserted by Bom. I of 1916, s. 7.
4
Sections 347B and 347C were inserted by Bom. 76 of 1948, s. 25.
5
The words repealed by Act 5 of 1905, are omitted.
6
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996 s. 2, Sch.
7
These words were substituted for the words “ the Member-in-Charge ” by Mah. 27 of 1999, s. 117.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 269

such as, with reference to the positions occupied by the buildings, if any,
already existing in the neighbourhood, will admit of the construction in the
future of one or more new streets convenient for occupiers of all the buildings
in the neighbourhood and for the purposes of drainage, water- supply and
ventilation :
Provided that any person whose building is so disapproved may, by written
notice to the Commissioner, require that the position and direction of the
future streets in the vicinity of his intended building be forthwith laid down
and determine, and if such requisition be not complied within six months
from the date thereof, may, subject to all other provisions of this Act applicable
thereto proceed with the erection of his building.
(c) The foundation of any such building shall not be constructed on any
site which has been filled up with, or has been used as a place for depositing,
excrementitious matter or the carcasses of dead animals or other filthy or
offensive matter, until such matter shall have been properly removed to the
satisfaction of the Commissioner.
(d) Every such building intended to be used as a dwelling shall be built
with a plinth at least two feet above the center of the nearest street and not
below such standard level as may be fixed by the Commissioner in this behalf.
'* *(e) In additions to any means of ventilation required by any bye-law
made under this Act at the time in force, every such building intended to be
used as a dwelling shall be so constructed that the whole of at least one side
of every room thereof shall either be an external wall or about on an interior
open space. Such external wall, except where it faces a street of not less than
fifteen feet in width shall have between it and the boundary line of the owner’s
premises an open space, extending throughout the entire length of such wall,
at least two feet wide or, in the case of a chawl or building intended to form
a range of separate rooms for lodgers, at least five feet wide. Such interior
open space shall have an area equal to not less than one-tenth of the aggregate
floor-area of all the rooms abutting thereon and shall not be in any direction
less than six feet across. And every open space, whether exterior, interior,
required by this clause, shall be and be kept free from any erection thereon
and open to the sky, and shall be and be kept open to access from each end
thereof.
(f) Every room intended to be inhabited in any such building, except a
room in the roof thereof, shall be in every part at least [ten] feet in height
from the floor to the ceiling.
(g) Every such room in the roof of any such building shall have an average
height of at least 3[ eight] feet from floor to the ceiling 4[and a minimum
height of not less than four feet.]
(h) Every such rooms shall have a clear superficial area of not less than
5
[one hundred] square feet.
(i) In addition to any means of ventilation required by any bye-law made
under this Act at the time in force, every such room shall be ventilated by
means of doors or windows which open directly into the external air and
have an aggregate opening equal to not less than one-fourth of the superficial
area of the side of the room which faces an open space.
1
The original clause (e) was deleted by Bom. 5 of 1905, s. 51 (b), and subsequent clauses were re-
numbered accordingly.
2
The word “ ten " was substituted for the word “ eight ” by Bom. 5 of 1905, s. 51(c).
3
The word “ eight ’’ was substituted for the word “ seven ” by Bom. 5 of 1905, s. 51 (d) (i).
4
These words were inserted by Bom. 5 of 1905, s.51 (d) (2)
5
The words “one hundred” were substituted for the word “eight” by Bom. 5 of 1905, s. 51 (e).
 H 4094 (254-280) L1
270 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(k) Huts or sheds, or ranges or blocks of huts or sheds, whether the same
are to be used as dwelling or stables or for any other purpose, shall be built,
if the Commissioner thinks fit so to require,—
(i) so that they may stand in regular lines, with a free passage or way in
front of and between every two lines of such width as the Commissioner
thinks proper for ventilation and for facilitating scavenging, and
(ii) with such and so many privies, latrines or urinal and such means of
drainage as the Commissioner deems necessary, and
(iii) at such a level as will suffice for the means of drainage required by
the Commisioner.
(2) Nothing in clause (a) shall be deemed to affect the power of 1[the Central
Government] to determine, under section 38 of the Bombay Port Trust Act, Bom. VI
of 1879.
1879 any dispute which arises between the Trustees of the Port of Bombay
and the Commissioner as to whether any road within the limits of the property
of the said Trustees has been duly levelled, metalled or paved, sewered and
drained.
Roofs and 349.(1) No external wall and no covering of a roof built or renewed since
external walls
of buildings not the 2Bombay Municipal Act, 1872, came into force shall, except with the Bom. III
to be of of 1872.
written permission of the Commissioner, consist of wood, doth, canvas, grass,
inflammable
materials. leaves, mats or any other inflammable material.
(2) If any external wall or covering of a roof is or has been, since the said
Act came into force, constructed of any such material, the Commissioner
may, by written notice, require the owner or occupier of the building to which
such wall or roof apertains to remove such wall or covering.
[(3) In relation to buildings in the suburbs 4[or, as the case may be, the
3

extended suburbs] the provisions of this section shall apply as if for the
reference in sub-sections (1) and (2) to the Bombay Municipal Act, 1872, Bom. III
of 1872.
reference had been made to the Bombay Municipal (Extension of Limits)
Act, 1950, 5[or, as the case may be, the Bombay Municipal] [Further Extension Bom. VII
of 1950.
of Limits and Schedule BBA (Amendment)] Act, 1956] : Bom.
LVIII of
1956.

Provided that nothing in sub-section (2) shall prevent the Commissioner

from requiring the removal of any external wall or covering if it was built or
renewed or retained in contravention of any law in force in the suburbs
immediately before the coming into force of the Bombay Municipal (Extension Bom. VII
of 1950.
of Limits) Act, 1950 6[or, as the case may be, in force in the extended suburbs
immediately before the coming into force of the Bombay Municipal [Further Bom.
LVIII of
Extension of Limits and Schedule BBA (Amendment)] Act, 1956].] 1956.

1
The words “ the Central Government ” were substituted for the word “ Government ” by the Adaptation
of Indian Laws Order in Council.
2
Bom. 3 of 1872 was repealed by s.2 of this Act.
3
Sub-section (3) and proviso were added by Bom. 7 of 1950, s. 29.
4
These words were inserted by Bom. 58 of 1956, s.22 (i).
5
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 22 (ii).
6
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 22 (iii).
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 271

[349A. (1) Except with the written permission of the Commissioner, no

1 Maximum
height of
building shall be erected or raised to a greater height than seventy feet as buildings.
measured from the level of the centre of the street in front—
(a) in the case of a pitched roof, up to the tie-beam of the roof, and
(b) in the case of a flat roof, up to the surface of the roof.
(2) In the case of a pitched roof, the roof above that height shall rise at an
angle of not more than forty-five degrees.
(3) In the case of a flat roof, a parapet of not more than three feet in height
may be constructed above the maximum height specified in sub-section (1).]
[349B. Subject to the maximum prescribed by section 349A, the height to
1 Height of
buildings with
which a building may be erected or raised shall be regulated by width of the reference to
street on which it abuts, in accordance with the following rules, namely:— width of
streets.
(1) if the width of the street does not exceed twenty-six feet, the building
shall not be erected or raised to a height greater than one and one-half times
the width of the street;
(2) if the width of the street exceeds twenty-six feet but does not exceed
forty feet, the building shall not be erected or raised to a height greater than
forty feet; and
(3) if the width of the street exceeds forty feet, the building shall not be
erected or raised to a height greater than the width of such street;
(4) where the building abuts upon more than one street, its height shall be
regulated by the wider of such streets so far as it abuts upon such wider
street and also, to a distance of eighty feet from such wider street, so far as it
abuts upon the narrower of such streets :
Provided that, if the face of the building is set-back from the street at any Provision in
height not exceeding the height specified in sub-section (1), sub-section (2), case of
setback.
or sub-section (3), as the case may be, such building may be erected or raised
to a height greater than that so specified but not so that any portion of the
building shall intersect any of a series of imaginary straight lines drawn
from the line of set-back, in the direction of the portion set-back, at an angle
of forty-five degrees with the horizontal.]
[349C. After the commencement of this Act no building the external walls
2
Frame
of which are of timber-framed construction shall be erected or re-erected so buildings.

as to consist of more than one ground floor and one upper storey:
Provided that the Commissioner may by special order grant permission
for the erection of such a building of more than two storeys or for the
construction of one or more additional storeys if satisfied that such building
will be or of throughly sound material and construction and can safely support
the same.]
[349D. Where the Commissioner is of opinion that the means of egress
3
Provisions of
sufficient
from any building are insufficient to allow of the safe exit, in the event of means of
fire, he may, with the approval of the 4[the Standing Committee] by written egress.
notice require the owner or occupier of the building to alter or reconstruct
any existing staircase in such manner or to provide such additional or
emergency staircases, as he may prescribe.]

1
Sections 349A and 349B were inserted by Bom. 5 of 1905, s.52.
2
Section 349C was inserted by Bom. 5 of 1905, s. 52.
3
Section 349D was inserted by Bom. 2 of 1911, s.12.
4
These words were substituted for the words “ the Member-in-Charge ” by Mah. 27 of 1999, s.118.
H 4169—39
 H 4094 (254-280) L1
272 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Special [349E. (1) Notwithstanding anything contained in sections 348 to 349D

1
conditions with (both inclusive) the corporation may by bye-laws prescribe special conditions
respect to
erection or with respect to erection or re-erection of buildings, the maximum heights of
re-erection of buildings, roofs and external walls of buildings, set backs of buildings, and
buildings, other matters relating to buildings in the suburbs 2[or in the extended
maximum suburbs] or in any part thereof.
heights of
buildings, etc., (2) Until such bye-laws are made or until the expiration of two years from
in suburbs the date of the coming into force of the Bombay Municipal (Extension of Bom. VII
6
[and extended Limits) Act, 1950, 3[or, as the case may be, from the date of coming into force of 1950.
suburbs.] of the Bombay Municipal (Further Extension of Limits and Schedule BBA Bom.
LVIII of
(Amendment)] Act, 1956, whichever respectively is earlier] the conditions 1956.
provided by or under the Bombay Land Revenue Code, 1879*, or rules made Bom. V
thereunder or by bye-laws or rules made by any local authority abolished by of 1879.
the provisions of the Bombay Municipal (Extension of Limits) Act, 1950 4[or Bom. VII
by the provisions of the Bombay Municipal (Further Extension of Limits and of 1950.
Schedule BBA (Amendment)] Act, 1956] shall continue to be applicable to Bom.
the erection or re-erection of buildings, the maximum heights of buildings, LVIII of
1956.
roofs and external walls of buildings, set- back of buildings and other matters Bom. V
relating to buildings in the suburbs 5[or in the extended suburbs] or in any of 1879.
part thereof, as the case may be :
Provided that, in the case of any land in the suburbs 6[or in the extended
Bom. suburbs] there are no provisions in force of the Bombay Land Revenue Bom. V
Code, 1879*, or rules made thereunder or of the bye-laws or rules of any of 1879.
local authority, 1879 the Commissioner or any officer authorised by him in
this behalf may impose such conditions as he thinks fit until the bye-laws
aforesaid are made.]
Inspection
Inspection of 350.The Commissioner may at any time during the erection of a building
buildings in
course of
or the execution of any such work as is described in section 342 make an
erection, inspection thereof, without giving previous notice of his intention so to do.
alteration, etc.
Proceedings to 351. 7[(1A) The Commissioner shall, by notification in the Official Gazette,
be taken in
respect of
designate an officer of the corporation to be the Designated Officer for the
buildings or purposes of this section and of sections 352, 352A and 354A. the Designated
work Officer shall have jurisdiction over such local area as may be specified in the
commenced notification and different officers may be designated for different local areas].
contrary to If the erection of any building or the execution of any such work as is described
section 347.
in section 342, is commenced contrary to the provisions of 8[section 342 or
347] the 9[Designated Officer], unless he deems it necessary to take
proceedings in respect of such building or work under section 354, shall—
(a) by written notice, require the person who is erecting such building or
executing such work, or has erected such building or executed such work,
10
[or who is the owner for the time being of such building or work] 11[within
seven days from the date of service of] such notice, by a statement in writing
subscribed by him or by an agent duly authorized by him in that behalf and
addressed to the 9[Designated Officer] to show sufficient cause why such
building or work shall not be removed, altered, or pulled down ; or
(b) shall require the said person on such day and at such time and place as
shall be specified in such notice to attend personally, or by an agent duly
authorized by him in that behalf, and show sufficient cause why such building
or work shall not be removed, altered or pulled down.
1
Section 349E was inserted by Bom.7 of 1950, s. 30.
2
These words were inserted by Bom. 58 of 1956, s. 23 (1).
3
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 23 (2) (i).
4
These words, brackets and figures were inserted by Bom. 58 of 1956, s. 23 (2) (tt).
5
These words were inserted by Bom. 58 of 1956, s. 23 (2) (iii).
6
These words were added by Bom. 58 of 1956, s. 23 (3).
7
The existing sub-section (1) was renumbered as sub-section (1A) thereof ; and before sub-section (1A) as
80 renumbered, This sub-section was inserted by Mah. 2 of 2012, s. 3 (1).
8
These words and figures were substituted for the words and figures “section 347” by Mah. 10 of 1998,
s. 143 (a).
9
For the word “ Comissioner ” the words “ Designated Officer ” was substituted by Mah. 2 of 2012, s. 3(2).
10
These words were inserted by Bom. 64 of 1953, s. 14.
11
These words were substituted for the words “ on or before such days as shall be specified in” by Mah. 10
of 1998, s. 143 (b).
* See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 273

[Explanation.— “ To show sufficient cause ” in this sub-section shall mean to

1

prove that the work mentioned in the said notice is carried out in accordance
with the provisions of sections 337 or 342 and section 347 of the Act.]
(2) If such person shall fail to show sufficient cause, to the satisfaction of
the Commissioner, why such building or work shall not be removed, altered
or pulled down, the 2[Designated Officer] 3 * * * * may
remove, alter or pull down the building or work and the expenses thereof
shall be paid by the said person. 4[In case of removal or pulling down of the
building or the work by the Commissioner, the debries of such building or
work together with other building material, if any, at the sight of the
construction, belonging to such person, shall be seized and disposed of in the
prescribed manner and after deducting from the receipts of such sale or
disposal, the expenditure incurred for removal and sale of such debris and
material, the surplus of the receipts shall be returned by the 2[Designated
Officer], to the person concerned.]
4
[(3) No Court shall stay the proceeding of any public notice including notice
for eviction, demolition or removal from any land or property belonging to the
State Government or the Corporation or any other local authority or any land
which is required for any public project or civil amenities, without first giving
the Commissioner reasonable opportunity of representing in the matter.]
352.(1) If there shall be reasonable ground for suspecting that in the Buildings or
erection of any such building or in the execution of any such work as is works
commenced
referred to in the last preceeding section anything has been done contrary to contrary to
any provision of this Act or of any bye-law made under this Act at the time in section 374
force, or that anything required by any such provision or bye-law to be done may be cut
into and laid
has been omitted to be done ; and if, on inspecting such building or work, it is open for
found that, the same has been completed or is too far advanced to permit of purposes of
any such fact being ascertained; the 5[Designated Officer] may, with the inspection.
approval of 6[the Standing Committee] by written notice, require the person
who has erected such building or executed such work or is erecting such
building or executing such work to cause so much of the building or work as
prevents any such fact being ascertained to be cut into, laid open or pulled
down to a sufficient extent to permit of the same being ascertained.
(2) If it shall thereupon be found that in the erection of such building or
the execution of such work nothing has been done contrary to any provision
of this Act or any bye-law made under this Act at the time in force, and that
nothing required by any such provision or bye-law to be done has been omitted
to be done, compensation shall be paid by the 7[Designated Officer] to the
person aforesaid for the damage and loss incurred by cutting into, laying
open or pulling down, the building or work.
8
[352A. (1) If the erection of any building or the execution of any such work Confernment
temporarily
as is described in section 342, is commenced contrary to the provisions of of summary
section 347, and the 9[Designated Officer] is of the opinion that immediate powers for
action should be taken, then the provisions of section 351 and section 352 demolitions
on the
shall apply with the modification that in sub-section (1) of section 352, the [Designated
words ‘ with the approval of 6[the Standing Committee] ’ shall be deleted. Officer.]
(2) Notwithstanding anything contained in this Act, any notice to be given
by the 9[Designated Officer] under section 351 or section 352 shall not be of less
duration than 24 hours, and shall be deemed to be duly served if it is affixed in
1
This Explanation was inserted by Mah. 10 of 1998, s.143(c).
2
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 3 (2).
3
The words “ with the approval of the standing committee” were deleted by Mah. 37 of 1971, s. 2.
4
This portion was inserted and sub-section (3) was added by Mah. 11 of 2002, s. 25.
5
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 4 (1).
6
These words were substituted for the words “ the Member-in-charge ” by Mah.
27 of 1999, s. 119 and 120.
7
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 4 (2).
8
Section 352A was inserted by Mah. 23 of 1979, s. 2 shich shall remain inforce for a period of six years
with effect from 5th May 1979 and shall then expire. The original period of two years was extended to
six years by Mah. 18 of 1881, s. 2.
9
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 5.
 H 4094 (254-280) L1
274 Mumbai Municipal Corporation Act [ 1888 : Bom. III

some conspicuous part of the building to which the notice relates and
published by proclamation on or near such building accompanied with beat
of drum and upon such affixation and publication all persons concerned shall
be deemed to have been duly informed of the matter stated therein.
(3) Where the 1[Designated Officer] has resorted to the provisions
hereinbefore mentioned, the State Government, or a Secretary to Government
authorised by the State Government in this behalf, may, suo motu, or on
application made, within a period of fifteen days, call for and examine the
record of any case in which the 1[Designated Officer] has taken such action,
for the purpose of satisfying itself or himself as to the legality or propriety of
such action and may, after giving to the persons concerned a reasonable
opportunity of being heard, pass such orders thereon as it or he, as the case
may be, deems just, including any order for compensation, which shall be
paid by the Corporation to any person for any wrongful damage or loss
incurred by such action.
(4) 2 [ * * * * *]
Enforcement of
provisions
353.The Commissioner may, at any time during the erection of a building
concerning or the execution of any such work, as aforesaid, or at any time within three
buildings and
works. months after the completion thereof, by written notice, specify any matter in
respect of which the erection of such building or the execution of such work
may be in contravention of any provision of this Act or of any bye-law made
under this Act at the time in force, and require the person erecting or
execution or who has erected or executed such building or work, or, if the
person who has erected or executed such building or work is not at the time
of the notice the owner thereof, then the owner of such building or work, to
cause anything done contrary to any such provision or bye-law to be amended
or to do anything which by any such provision or bye-law may be required to
be done but which has been omitted to be done.
Completion 3
[353A. (1) every person who employs a licensed surveyor or person
certificates,
permission to approved by the Commissioner to erect a building or execute any such work
occupy or use. as is described in section 342, shall, within one month after the completion of
the erection of such building or the execution of such work, deliver or send
or cause to be delivered or sent to the Commissioner at his office, notice in
writing of such completion, accompanied by a certificate in the form of
Schedule T signed by the person employed under section 344A, who is hereby
required immediately upon completion of the work and upon demand by the
person employing him to sign and give such certificate to such person, and
shall give to the Commissioner all necessary facilities for the inspection of
such building or of such work:
Provided that—
(a) such inspection shall be commenced within seven days from the date
of receipt of the notice of completion, and
(b) the Commissioner may, within seven days from the date of
commencement of such inspection, by written intimation addressed to the
person from whom the notice of completion was received, and delivered at
his address as stated in such notice, or, in the absence of such address, affixed
to a conspicuous part of the building to which such notice relates-
(i) give permission for the occupation of such building or for the use of the
building or part thereof affected by such work, or

1
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 5 (3).
2
Sub-section (4) was deleted by Mah. 2 of 2012, s. 5 (4).
3
Section 353A was inserted by Bom. 5 of 1905, s. 53.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 275

(ii) refuse such permission in case such building has been erected or
such work executed so as to contravene any provision of this Act or of the
bye-laws.
(2) No person shall occupy or permit to be occupied any such building, or
use or permit to be used the building or part thereof affected by any such
work, until-
(a) the permission referred to in proviso (b) to sub-section (1) has been
received, or
(b) the Commissioner has failed for twenty-one days after receipt of the
notice of completion to intimate as aforesaid his refusal of the said
permission].

[353B. (1) Every owner or occupier of a building in respect of which a

1
Structural
Stability
period of thirty years, from the date of,— Certificate.
(i) issue of its completion certificate by the Corporation ; or
(ii) issue of permission to occupy a building under section 353A ; or
(iii) its physical occupation of at least 50 per cent., of its builtup area,
whichever is earlier, has expired, shall cause such building to be examined
by a Structural Engineer registered with the Corporation for the purposes
of certifying that the building is fit for human habitation (such certificate
hereinafter referred to as “the Structural Stability Certificate”). The
Structural Stability Certificate issued by such Structural Engineer shall be
submitted to the Commissioner.
(2) The Structural Stability Certificate shall be submitted within one year
from the expiry of a period of thirty years referred to in sub-section (1), and
every ten years thereafter or such earlier period as the Commissioner may
determine having regard to the condition of the building and the corrective
repairs carried out by the owner or occupier.
(3) Notwithstanding anything contained in sub-section ( 1), the
Commissioner may, at any time, after having recorded the reasons, in writing,
direct the owner or occupier of a building, to cause such building to be
examined by such Structural Engineer and to submit to the Commissioiner,
the Structural Stability Certificate, as required under sub-section (1), within
the period not exceeding thirty days as specified by the Commissioner, in
such direction.
(4) If the Structural Engineer recommends any corrective repairs for
securing the structural stability of the building, such corrective repairs shall
be carried out by the owner or occupier of a building to the satisfaction
of the Commissioner.
(5) Any owner or occupier, as the case may be, who fails to carry out
corrective repairs for securing structural stability, within a period of six
months from the date of report of the Structural Engineer, shall be punished
with the fine as provided in section 471.

1
Section 353B was inserted by Mah. 6 of 2009, s. 2.
 H 4094 (254-280) L1
276 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(6) Notwithstanding anything contained in sub-section ( 5), the

Commissioner may, after giving the owner or occupier, a notice in writing,
require him to carry out, within the period specified in the notice, corrective
repairs for securing structural stability of a building. If the owner or occupier
fails to carry out such corrective repairs within the period specified in the
notice, the Commissioner may carry out the same and the expenses incurred
by the Commissioner on such repairs shall, on demand if not paid within
thirty days, be recovered from the owner or occupier as arrears of property
tax.
(7) If there is any dispute about the amount of expenses for which demand
is made under sub-section (6), an appeal may be preferred to the Chief Judge
of the Small Causes Court, but no such appeal shall be entertained by the
said Chief Judge, unless—
(i) it is preferred within twenty-one days from the date of receipt of
notice of such demand ;
(ii) the amount for which demand is made is deposited with the
Corporation and a true copy of the receipt showing that the amount has
been so deposited accompanies the appeal.
(8) In case the appeal is decided in favour of the appellant and the amount
of expenses deposited with the Corporation is more than the amount payable
by the appellant, the Commissioner shall adjust the excess amount with
interest at 6.25 per cent, per annum from the date on which the amount is so
deposited by the appellant, towards the property tax payable by the owner
in respect of such building thereafter.]

Dangerous Structures

Removal of 354. (1) If it shall at any time appear to the Commissioner that any
structures, etc.,
which are in structure (including under this expression any building, wall or other
ruins or likely
to fall. structure and anything affixed to or projecting from any building, wall or
other structure) is in a ruinous condition, or likely to fall, or in any way
dangerous to any person occupying, resorting to or passing by such structure
or any other structure or place in the neighbourhood thereof, the
Commissioner may, by written notice, require the owner or occupier of such
structure to pull down, secure or repair such structure 1[subject to the
provisions of section 342], of danger therefrom.
(2) The Commissioner may also if he thinks fit, require the said owner or
occupier, by the said notice, either forthwith or before proceeding to pull
down, secure or repair the said structure, to set up a proper and sufficient
hoard or fence for the protection of passers by and other persons, with a
convenient platform and hand-rail, if there be room enough for the same and
the Commissioner shall think the same desirable, to serve as a footway for
passengers outside of such hoard or fence.

1
The words and figures “ subject to the provisions of section 342 ” were inserted by Mah. 10 of 1998,
s. 146.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 277

1
[Works unlawfully carried on]
[354A. (1) If the 3[Designated Officer] is satisfied that the erection of
2 Power of
[Designated
any building or the execution of any such work as is described in section 342 Officer] to stop
has been unlawfully commenced or is being unlawfully carried on upon erection of
building or
premises, the 3[Designated Officer] may, by written notice, require the person work
erecting such building or executing such work to stop such erection or work commenced or
carried on
4
[forthwith]. unlawfully.
[(2) If the erection of the building or execution of the work is not stopped
5

as required by the 6[Designated Officer], or permission approved by the

competent authority in favour of the erection of the building or execution of
the work is not produced within twenty-four hours from the service of notice
referred to in sub-section (1), the 6[Designated Officer] may, without further
notice, remove or pull down the building or work and the expenses thereof
shall be paid by the said person or owner of the building or work. The
6
[Designated Officer] may also direct that any person directing or carrying
out such erection or work shall be removed by any police officer from the
place where the building is being erected or the work is being executed.]
[(3) In addition to the action that the 7[Designated Officer] may take under
5

sub-section (2), he may, without further notice, cause to be removed any

materials, machinery, equipments, devices or articles used in the process of
erection of the building or execution of such work.
(4) If the expenses incurred by the 8[Designated Officer] under sub-sections
(2) and (3) are not paid within one month from the date of demand, such sum
as remains unpaid shall be treated, as arrears of property tax and the
procedure prescribed under this Act for recovery of arrears of property tax
shall, mutatis mutandis, apply to the recovery of such unpaid sum.]
10
[Regulation of certain classes of buildings in particular localities
354AA. (1) The Commissioner may give public notice of his intention to Power of
Commissioner
declare, subject to any valid objection that may be preferred within a period to stop
of three months,— erection of
building or
(a) that in any street or portion of streets specified in such notice the work
commenced
elevation and construction of the frontage of all buildings or any classes of or carried on
buildings thereafter erected or re-erected shall in respect of their unlawfully.
architectural features be such as the Corporation may consider suitable to
the locality;
(b) that in any localities specified in the notice, there shall be allowed the
construction of only detached or semi-detached buildings or both and that
the land appurtenant to each such building shall be of an area not less than
that specified in such notice ;

1
This heading was inserted by Bom. 5 of 1905, s. 54.
2
This section was substituted for the original by Bom. 64 of 1953, s. 15.
3
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 6 (1).
4
This word was substituted for the words “within the period specified in the notice” by Mah. 10 of 1998,
s. 147 (a).
5
Sub-section (2) was substituted and sub-sections (3) and (4) were added by Mah. 10 of 1998, s. 147 (b)
and (c).
6
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 6 (2).
7
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 6 (3).
8
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 6 (4).
9
These words were substituted for the words “ Commissioner ” by Mah. 2 of 2012, s. 6 (5).
10
This heading and section 354AA where inserted by Bom. 48 of 1950, s. 70.
 H 4094 (254-280) L1
278 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(c) that the minimum of building plots in particular localities shall be of a

specified area;
(d) that in any localities specified in the notice the construction of more
than a specified number of buildings on each acre of land shall not be allowed;
or
(e) that in any streets, portions of streets or localities specified in such
notice the construction of shops, warehouses, factories, huts or buildings
designed for particular uses shall not be allowed without the special
persmission of the Commissioner granted in accordance with general
regulation framed by 1[Standing Committee] in this behalf and subject to the
terms of such permission only.
(2) 2[The Standing Committee] shall consider all objections received within
a period of three months from the publication of such notice, and shall then
submit the notice with a statement of objections received and its opinion
thereon to the Corporation.
(3) No objection received after the said period of three months shall be
considered.
(4) Within a period of two months after receipt of the same the Corporation
shall submit all the documents referred to in sub-section (2) with a statement
of its opinion thereon to the State Government.
(5) The State Government may pass such orders with respect to such
declaration, as it may think fit:
Provided that such declaration shall not thereby be made applicable to
any street, portion of a street or locality not specified in the notice issued
under sub-section (1).
(6) The declaration as confirmed or modified by the State Government
shall be published in the Official Gazette and shall take effect from the date
of such publication.
(7) No person shall erect or re-erect any building in contravention of any
such declaration.
(8) Notwithstanding anyting contained in this Act, after a public notice
has been given under sub-section (1), in regard to any street or a part of a
street or a locality, no person shall erect or re-erect a building abutting on
such street or such part of the street or within the limits of such locality
without the previous permission of the Commissioner.]
Responsibility [354AB. (1) It shall be the responsibility of every owner or occupier of a
3
of owner or
occupier to building to ensure that the exterior of the building is kept and maintained in
keep and
maintain
good condition and, is not in a state of disrepair or spoiled on account of
exterior of cracks, stains, shabby enclosures, hanging wires or cables or keeping of
building in
good condition. unwholesome articles which spoil the appearance of a building or part thereof :

1
These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 121 (a).
2
These words were substituted for the words “ The Mayor-in-Council ” by Mah. 27 of 1999, s. 121 (b).
3
Sections 354 AB and 354AC were inserted by Mah. 9 of 2011, s. 2. Section 354AB is not yet brought into
force.
 H 4094 (254-280) L1
1888 : Bom. III] Mumbai Municipal Corporation Act 279

Provided that, nothing in this section shall apply to the area declared as
slum area under sub-section (1) of section 4 of the Maharashtra Slum Areas
Mah. (Improvement, Clearance and Redevelopment) Act, 1971 and the buildings
XXVIII of
1971. in respect of which the re-development plan in sanctioned by the Competent
Authority is or under consideration of the Competent Authority.
(2) If, on inspection of such building or a part thereof, the Commissioner
is of the opinion that the exterior of any building or a part thereof is not kept
and maintained in good condition and spoiled on account of any of the factors
mentioned in sub-section (1), the Commissioner may, by notice in writing,
require the owner or occupier thereof to carry out necessary work as may be
specified in such notice so as to keep and maintain the exterior of a building
in good condition; and the owner, or as the case may be, the occupier shall
comply with such notice.
(3) The owner or occupier of the building shall carry out the work
mentioned in the notice issued by the Commissioner under sub-section (2),
within thirty days from the date of receipt of the notice or such longer period
as the Commissioner may, having regard to the nature and the extent of
work to be carried out, specify.
(4) Where the owner or, as the case may be, the occupier fails to comply
with the notice under sub-section (2), the Commissioner may cause the work
mentioned in such notice to be executed and the owner or, as the case may
be, the occupier shall be liable to pay the expenses incurred by the
Commissioner in that behalf within thirty days from the date of the receipt
of a demand notice, and if such owner or occupier fails to pay the same, there
shall be levied an interest at the rate of two per cent, for each month or part
thereof, on the amount of expenses incurred by the Commissioner, till the
entire amount of such expenses is paid.
(5) Save as otherwise provided in this section, the amount of such expenses
together with interest, if any, shall be recoverable as if the amount thereof
was due as a property tax.
(6) If there is any dispute about the amount of expenses for which demand
is made under sub-section (4), an appeal may be preferred to the Chief Judge
of the Small Causes Court, but no such appeal shall be entertained by the
said Chief Judge unless,—
(i) it is preferred within twenty-one days from the date of receipt of
notice of such demand;
(ii) the amount for which demand is made is deposited with the
Corporation and a true copy of the receipt showing that the amount has
been so deposited accompanies the appeal.
(7) In case the appeal is decided in favour of the appellant and the amount
of expenses deposited with the Corporation is more than the amount payable
by the appellant the Commissioner shall adjust the excess amount with
interest at 6.25 per cent, per annum from the date on which the amount is so
deposited by the appellant, towards the property tax payable by the owner
in respect of such building thereafter.
 H 4094 (254-280) L1
280 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Power to 354AC. (1) The Commissioner, after obtaining approval of the State
*
Commissioner
to make Government, may, by notification in the Official Gazette, and by advertisement
declaration of in not less than two local newspapers, declare that with a view to creating
aesthetic
harmony. aesthetic harmony, maintaining architectural character and beautifying and
improving the aesthetic appearance of a particular urban space, the external
appearance of any building or buildings including any fixtures thereof, and a
boundary wall, if any, either existing on the date of publication of declaration
or proposed to be constructed and completed thereafter and located on any
street in any locality or part thereof in the municipal area specified in such
declaration, be kept and maintained in such manner and within such time as
may be indicated in such declaration.

(2) Before publication of the notification under sub-section ( 1), the

Commissioner shall cause to be given a notice by advertisement in the Official
Gazette and in not less than two local newspapers announcing his intention
to issue such declaration, and inviting all persons who entertain any objection
or who desire to make any suggestions to the said proposal to submit the
same in writing, with the reasons therefor, to the Commissioner within one
month from the date of the publication of such notice in the Official Gazette.
After expiry of the said period of one month, the Commissioner shall consider
the objections and suggestions within one month.

(3) Where the owner fails to comply with the requirements under the
declaration under sub-section (1), within the period specified, the
Commissioner may take or cause to be taken such steps to carry out the
work required to be executed under the declaration ; and the expenses
incurred by the Corporation in respect thereof shall be recovered from the
owner as if the amount thereof were arrears of property tax due by the said
owner and shall be payable by the owner on demand.

(4) If there is any dispute about the amount of expenses for which demand
is made under sub-section (3), an appeal may be preferred by the owner to
the Chief Judge of the Small Causes Court, but no such appeal shall be
entertained by the said Chief Judge unless,—

(i) it is preferred within twenty-one days from the date of receipt of

notice of such demand ;

(ii) the amount for which demand is made is deposited with the
Corporation and a true copy of the receipt showing that the amount has
been so deposited accompanies the appeal.

(5) In case the appeal is decided in favour of the applleant and the amount
of expenses deposited with the Corporation is more than the amount payable
by the appellant, the Commissioner shall adjust the excess amount with
interest at 6.25 per cent, per annum from the date on which the amount is so
deposited by the appellant, towards the property tax payable by the owner
in respect of such building thereafter.]

*
Section 354AC was brought into force with effect form the 1st November 2011, vide G.N., U.D.D.,
No. BMC-5007/267/C.R. 71/UD-32, dated the 1st November 2011.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 281

[354AAA. Notwithstanding anything contained in any other provisions

1 Empowerment
of Slum
of this Act, the State Government may, by notification in the Official Gazette, Rehabilitation
direct that the powers of the Commissioner under this Chapter and the Authority for
powers of the Corporation and the Committees of the Corporation under implementation
of Slum
this Act, if any, relating to building regulations and matters ancillary or Rehabilitation
consequential thereto, shall be exercised by the Slum Rehabilitation authority Scheme.
appointed under the Maharashtra Slum Areas (Improvement, Clearance and
Mah. Redevelopment) Act, 1971, for the slum rehabilitation area declared under
XXVIII
of 1971.
that Act.]
2
[CHAPTER XII A
CITY IMPROVEMENT
Bom. 354B. (1) From the date on which the City of Bombay Municipal Transfer of
XIII of right, etc. of
1933. (Amendment) Act, 1933, comes into operation, all the property, interests, the Board to
rights and liabilities of the Board of Trustees for the Improvement of the the
Bom. City of Bombay constituted under the City of Bombay Improvement Trust corporation.
XVI of
1925. Transfer Act, 1925, in respect of any improvement scheme, street scheme,
deferred street scheme, poorer classes accommodation scheme, reclamation
scheme or police accommodation scheme, duly sanctioned or executed before
the said date in accordance with the provisions of the City of Bombay
Bom. IV Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer
of 1898. Act, 1925, shall save in so far as they are restricted or modified by the
Bom.
XVI of provisions of this Chapter and of sections 91A, 91B and 91C vest in
1925. corporation.
(2) It shall be the duty of the corporation to execute, with due deligence,
any improvement scheme, street scheme, deferred street scheme, poorer
classes accommodation scheme, reclamation scheme, or police
accommodation scheme, duly sanctioned in accordance with the provisions
Bom. IV of the City of Bombay Improvement Act, 1898, or the City of Bombay
of 1898. Improvement Trust Transfer Act, 1925, before the date on which the City of
Bom.
XVI of Bombay Municipal (Amendment) Act, 1933, comes into operation, which
1925. remains unexecuted on that date, until the completion of the scheme.
Bom.
XIII of
1933.

Improvement Schemes
354C. (1) 3[If it shall appear to the Commissioner— Commissioner
to make a draft
(A) that within certain limits in any part of 4[Brihan Mumbai ]— improvement
(a)any buildings used, or intended or likely to be used, for human scheme.
habitation, are unfit for human habitation, or
(b) the narrowness, closeness and bad arrangement or the bad
condition of the streets and buildings, or groups of buildings, within such
limits or the want of light, air ventilation or proper conveniences, or any
other sanitary defects, or one or more of such causes, are dengerous or
injurious to the health of the inhabitants either of the buildings within
the area of such limits, or of the neighbouring buildings ; and that the
evils connected with such buildings and the sanitary defects in such area
cannot be effectually remedied otherwise than by an improvement scheme
for the re-arrangement and re-construction of the streets and buildings
within such area or of some of such streets or buildings, or

1
Section 354AAA was inserted by Mah. 5 of 1996, s.3.
2
New Chapter XII A was inserted by Bom. 13 of 1933, s.35.
:3
These words, brackets and letter were substituted for the words “ If it shall appear to the Commissioner
that within certain limits in any part of the city” by Bom. 12 of 1936, s.(1).
4
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (281-300)—L–1
282 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(c) it is necessary to provide for the construction of buildings for the

accommodation of the poorer l * * * classes, 2[or,
(B) that for the purpose of providing building sites for the expansion
of 3[Brihan Mumbai] or of remedying the defective venitation of any part
of 3[Brihan Mumbai], or of creating new or increasing the existing means
of communication and facilities for traffic between various parts of 3[Brihan
Mumbai] it is expedient to form new or to alter existing streets in any
part of 3[Brihan Mumbai]].
The Commissioner may—
(i) with the previous approval of the corporation, which shall not be
given unless the corporation are satisfied of the sufficiency of their
resources, draw up a notification stating that the Commissioner proposes
to make an improvement scheme, the area to which the resolution relates
and naming a place where a map of the area may be seen at all reasonable
hours ;
4
(ii) during three consecutive weeks publish simultaneously in the
[Official Gazette] and in some one or more English and in some two or
more vernacular newspapers circulating within 3[Brihan Mumbai] a copy
of the said notification ;
(iii) proceed to make a draft improvement scheme and submit the
scheme to 5[the Improvement Committee] for approval.
(2) In making an improvement scheme more than one area may be included
in one improvement scheme.
(3) With the previous approval of the corporation the Commissioner may,
for the purpose of making an improvement scheme, cause surveys to be made
in areas either inside or outside the limits of the area comprised in the
scheme to be made.
No improve- [354CC. Notwithstanding anything contained in this chapter, no
6
ment schemes
for areas for improvement scheme shall be made for any area for which a housing scheme
which hous-ing has been sanctioned under the provisions of 7 [the Maharashtra Housing Mah.
schemes
sanctioned
and Area Development Act, 1976.] XXVIII
of
under. 1977.
8
[The
Improvements 354D. On the submission by the Commissioner of a draft improvement
Committee] to scheme 8 [the Improvements Committee] shall take such scheme into their
consider and consideration and may approve the same with or without such alteration as
approve draft
scheme it thinks fit.
submitted by
Commissioner.

Particulars to 354E. (1) The improvement scheme, which may exclude any part of the
be provided for
in an
area included in the notification referred to in section 354C, or include any
improvement neighbouring land, if the Commissioner is of opinion that such exclusion or
scheme. inclusion is expedient,—
(i) shall, within the limits of the area comprised in the scheme, provide
for—
(a) the acquisition of any land which will, in the opinion of the
Commissioner, be necessary for or affected by the execution of the
scheme ;
1
The words “ and working ” were deleted by Bom. 34 of 1954, s.10.
2
These words, brackets and letter were inserted by Bom. 12 of 1936, s. 6(2).
3
These words were substituted for the word “ Greater Bombay ” by Mah.25 of 1996, s. 2, Schedule.
4
The words “ Official Gazette ” were substituted for the words “ Bombay Government Gazette”
by the Adaptation of Indian Laws Order in Council.
5
These words were substituted for the words “the Mayor-in-Council” by Mah.27 of 1999, s. 122.
6
This section was inserted by Bom. 69 of 1948, s.75, Schedule.
7
These words and figures were substituted for the words and figures “ the Bombay Housing Board
Act, 1948” by Mah. 10 of 1998, s.150.
8
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1990, s. 123.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 283

(b) relaying out all or any land including the construction and
reconstruction of buildings and the formation and alteration of streets ;
(c) the laying of such storm-water drains and sewers as may be
required for the efficient draining and sewering of streets so formed or
altered ;
(d) the lighting of streets so formed or altered ;
(ii) may, within the limits aforesaid, provide for—
(a) raising any land which the Commissioner may deem expedient to
raise for the better drainage of the locality ;
(b) forming open spaces for the better ventilation of the area
comprised in the scheme or any adjoining area;
(c) the whole or any part of the sanitary arrangements required; and
(iii) may, within and without the limits aforesaid, provide for the
construction of buildings for the accommodation of the poorer l * *
classes including the whole or part of such classes to be displaced in the
execution of the scheme. Such accommodation shall be deemed to include
shops.
(2) The improvement scheme may exclude any part of the area included
in the notification referred to in section 354C or include any neighbouring
land, provided that the Commissioner is of opinion that such exclusion or
inclusion is necessary for the proper carrying out of the scheme and provide
further that, previous notice of such inclusion shall have been given in the
manner prescribed in section 354 C(1)(ii).
2
[(3) If in the opinion of the Commissioner any land, within the limits of
the area comprised in the improvement scheme, which is not required for
the execution of the scheme, will, as the result of such execution be
increased in value, the scheme may, in lieu of providing for the acquisition
of such land, provide for the levy of a betterment charge in respect of the
increase in value thereof, which shall be of such amount and shall be levied
at such time and in such manner as is hereinafter provided.]

354F. In making an improvement scheme for any area, regard shall be Considerations
which shall
had to the conditions and nature of neighbouring parts of 3[Brihan Mumbai] prevail in
and of 3[Brihan Mumbai] as a whole, and to the likelyhood or improvement making the
scheme.
schemes being required for the neighbouring and other parts of 3[Brihan
Mumbai].

4
354G. (1) Upon the approval of an improvement scheme by the Procedure on
[Improvements Committee] the Commissioner shall forthwith draw up a completion of
the scheme.
notification stating the fact of a scheme having been made, the limits of the
area comprised therein, and naming a place where particulars of the scheme,
a map of the same and a statement of the 5[land which it is proposed to
acquire or in respect of which it is proposed to levy a betterment charge]
may be seen at all reasonable hours, and shall—
(a) communicate a copy of such notification, particulars, map and
statement to the corporation;
(b) published the notification in the manner prescribed for the
publication of a notification under section 354C.

1 The words “ and working ” were deleted by Bom. 34 of 1954, s. 11(1).

2
Sub-section (3) was inserted by Bom. 34 of 1954, s. 11(2).
3
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2.
Schedule.
4
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 124.
5
These words were substituted for the words “ land proposed to be acquired ” by Bom. 34 of 1954,
s. 12(1).
 H 4094 (281-300)—L–1
284 Mumbai Municipal Corporation Act [ 1888 : Bom. III
1
[(2) During the thirty days next following the first day on which such
notification is published, the Commissioner shall serve a notice upon every
person whose name appears in the Commissioner’s assessment book as
primarily liable for the payment of the property taxes leviable under this
Act on any land or building or part of a building which it is proposed to
acquire or in respect of which it is proposed to levy a betterment charge.
(3) Such notice shall—
(a) state that the Commissioner on behalf of the Corporation proposes
to acquire such land or building or part of a building or to levy a betterment
charge in respect thereof for the purpose of or in connection with, an
improvement scheme, and
(b) require the person so served if he objects to such acquisition or levy
of a betterment charge, as the case may be, to state his reason in writing
within thirty days from the date of service to the notice.]
Right of owner 354H. (1) If any land is included in any statement specifying the land
to demand
acquisition on proposed to be acquired made in accordance with any notification drawn up
issue of under section 354G, and if the owner of such land shall prove to the
notification
when building satisfaction of the Collector that at the date of the said notification building
operations are operations were in progress on such land or any part thereof and the buildings
in progress.
were structurally complete upto the first floor level, the Collector shall call
upon the Commissioner to acquire such land.
(2) On receipt of such notice the Commissioner shall forthwith report the
matter 2[to the Improvements Committee and the said committee] shall then
resolve whether in their opinion it is desirable to acquire the land set out in
the notice or to withdraw from the proposal to acquire and shall communicate
their resolution within two months to the corporation who shall within one
month after receipt thereof communicate to the Commissioner the decision
of the corporation in the matter, and thereupon the Commissioner shall
forthwith in accordance with such decision either proceed to acquire such
land or shall give written notice to the owner that the proposal to acquire
has been withdrawn.
(3) If the Corporation decide to acquire the land the Commissioner shall
give notice of such decision to the Collector and to the owner, and the
Collector shall proceed as if a declaration had been made in respect of the
land in question under section 6 of the Land Acquisition Act, 1894. I of 1894.

(4) If the Corporation withdraw from the proposal to acquire any land under
sub-section (2) such land shall not be included in any statement of land
proposed to be acquired, made in accordance with any notification drawn up
under section 354G until the expiry of two years from the date of the issue of
written notice of withdrawal to the owner.
3
[(5) Notwithstanding anything contained in this section if the Corporation
withdraw from the proposal to acquire any land under sub-section (2) such
land shall be deemed to have been included in any statement of land in respect
of which it is proposed to levy a betterment charge made in accordance with
any notification drawn up under section 354 G:
Provided that, the provisions of sub-sections (2) and (3) of section 354G
shall apply in respect of such land with the modification that the period of
thirty days referred to in the said sub-section (2) will be counted from the
date on which notice was given to the owner that the proposal to acquire has
been withdrawn.]

1 These sub-sections were substituted for sub-section (2) by Bom. 34 of 1954, s. 12(2).
2
These words were substituted for the words “ the Mayor-in-Council to who”, by Mah. 27 of 1999,
s. 125.
3
Sub-section (5) was inserted by Bom. 34 of 1954, S.13.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 285

354I. (1) The owner of any land included in any statement of the land Right of
proposed to be acquired made in accordance with any notification drawn up owner to
demand
under section 354G may at any time before the publication of a declaration acquisition
under section 354M and after the expiry of one year from the date of such or
withdrawal
notification by written notice to the Commissioner setting out the particulars by the
of such land call upon the Commissioner to acquire such land on behalf of corporation
after the
the corporation. Iapse of two
years from
(2) On receipt
1
of such notice the Commissioner shall forthwith report the the date of
matter to [the Improvements Committee and the said Committee shall notification.
resolve, whether in their opinion it is desirable to acquire the land set out in
the notice and shall : communicate their resolution within two months to the
Corporation which shall within two months after the receipt thereof
communicate to the Committee and Commissioner the decision of the
Corporation in the matter] and thereupon the Commissioner shall in
accordance with such decision either decide to acquire such land or shall
give notice to the owner that he has withdrawn the proposal to acquire.
(3) If the corporation decide to acquire the land they shall instruct the
Commissioner to give notice of such decision to the Collector and to the
owner, and the Collector shall proceed as if a declaration had been made in
I of 1894. respect of the land in question under section 6 of the Land Acquisition Act,
1894.
(4) If the corporation withdraw from the proposal to acquire any land
under sub-section (2) such land shall not be included in any statement of
land proposed to be acquired made in accordance with any notification drawn
up under section 354G until the expiry of two years from the date of the
issue of written notice of withdrawal to the owner.
2
[(5) Notwithstanding anything contained in this section if the Corporation
withdraw from the proposal to acquire any land under sub-section (2) such
land shall be deemed to have been included in any statement of land in respect
of which it is proposed to levy a betterment charge made in accordance with
any notification drawn up under section 354G :
Provided that the provisions of sub-sections (2) and (3) of section 354G
shall apply in respect of such land with the modification that the period of
thirty days referred to in the said sub-section (2) will be counted from the
date on which notice was given to the owner that the proposal to acquire has
been withdrawn.]
3
354J. (1) Upon compliance with the foregoing provisions with respect [Improvement
Committee]
to the publication of notices of the scheme the Commissioner shall submit to after
the 3 [Improvements Committee] any 4[objection or representation] received publication and
service of
under section 354G together with any suggestion he may wish to make in notices to
respect of the modification of the scheme. forward the
scheme to the
(2) The 3 [Improvements Committee] shall, after consideration of any such Corporation for
5
[objection or representation] or suggestion and after inserting in the scheme approval.
such modifications as they think fit, submit the scheme together with any
representation, answer or suggestion to the corporation for their approval.
354K. The Corporation shall on receipt of a scheme from the 6[the Corporation to
consider the
Improvements Committee] such modification as they think fit, submit the improvement
scheme together with any 7[objection, representation] or suggestion received, scheme and to
approve or
or made under section 354G or 354J and shall, after having approved the disapprove.
scheme with or without modification or declined to approve the scheme,
pass a resolution to that effect.

1
This portion was substituted by Mah. 27 of 1999, s. 126.
2
Sub-section (5) was added by Bom. 34 of 1954, s. 14.
3
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 127,
4
These words were substituted for the words “ representation or answer ” by Bom. 34 of 1954,
s. 15 (1).
5
These words were substituted for the words “ representation, answer ” by Bom. 34 of 1954, s. 15 (2).
6
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 128.
7
These words were substituted for the words “ representation, answer ” by Bom. 34 of 1954, s. 16.
 H 4094 (281-300)—L–1
286 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Commissioner 354L. (1) As soon as the corporation have approved the scheme the
to apply to
2
[State]
Commissioner shall apply to 1[the 2[State] Government] on behalf of the
Government corporation for sanction to the scheme.
for sanction to
the scheme.
(2) If the corporation do not approve the scheme they shall pass a resolution
to that effect. The Commissioner shall thereupon forthwith draw up a
notification stating the fact that the corporation have resolved not to proceed
with the making of the said improvement scheme and shall publish the said
notification in the manner prescribed in section 354C. Thereupon the
notification relating to the scheme published under sections 354C and 354G
shall be deemed cancelled.
(3) The application to 1[the 2[State] Government] for sanction under sub-
section (1) shall be accompained by—
3
[(a) a copy of the resolution passed by the Improvements Committee
under section 354D] ;
(b) a copy of a resolution passed by the corporation under section 354C ;
(c) a description with full particulars of the scheme including the reasons
for any modifications inserted therein ;
(d) complete plans and estimates of the cost of executing the scheme ;
(e) a statement specifying the land 4[which it is proposed to acquire or
in respect of which it is proposed to levy a betterment charge] ;
(f) a list of the names of the persons, if any, who in answer to the notices
mentioned in sub-section (2) of section 354G 5[objected, with the reasons
(if any) stated by such person for objection, in respect of the acquisition of
their land or of the levy of a betterment charge ;]
(g) schedule showing the rateable value, as entered in the
Commissioner’s Assessment-book, at the date of publication of a notification
relating to the land under section 354G , of all land specified in the
statement under clause (e) and of any other land wholly or partially situated
within 80 feet from either side of any street to be formed or altered in
executing the scheme.
On receipt of 354M. (1) (a) On receipt of the sanction of 6[the 7[State] Government],
sanction
declaration to the Commissioner shall forward to 6[the 7[State] Government] a declaration
be published for notification under the signature of a Secretary to 6[the 7[State]
giving
particulars of Government], stating the fact of such sanction and that the land proposed to
land to be be acquired by the corporation for the purposes of the scheme is required for
acquired and
on publication public purpose.
of such (b)The declaration shall be published in the 8[Official Gazette] and shall
declaration the
Commissioner state the limits within which the land proposed to be acquired is situate, the
to be purpose for which it is needed, its approximate area, and the place where a
authorised to
execute the plan of the land may be inspected.
scheme.
(c) The said declaration shall be conclusive evidence that the land is needed
for a public purpose, and the Commissioner shall upon the publication of the
said declaration, proceed to execute the scheme.

1
The words “ the Provincial Government ” were substituted for the word “ the Government ” by the
Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
Clause (a) was substituted by Mah. 27 of 1999, s. 129.
4
These words were substituted for the words “proposed to be acquired” by Bom. 34 of 1954, s. 17 (1).
5
These words were substituted for the original by Bom. 34 of 1954, s. 17 (2).
6
The words “ the Provincial Government” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
7
This word was substituted for the word “Provincial” by the Adaptation of Laws Orders, 1950.
8
The word “ Official Gazette ” were substituted for the words “Bombay Government Gazette, ” by
the Adaptation of Indian Laws Order in Council.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 287

(2) (a) If at any time, it appears to the Commissioner, the l [Improvements

Committee] or the Corporation, as the case may be, that an improvement
can be made in any part of the scheme, the Corporation may alter the scheme
for the purpose of making such improvement, and thereupon the
Commissioner shall, subject to the provisions contained in the next two
clauses of this sub-section, forthwith proceed to execute the scheme as
altered.
(b) If the estimated net cost of executing the scheme as altered exceeds by
ten per cent. the estimated net cost of executing the scheme as sanctioned,
the Commissioner shall not, without the previous sanction of the Corporation
and of 2[the 3[State] Government], proceed to execute the scheme as altered.
(c) If the scheme as altered involves the acquisition, otherwise than by
agreement of any land other than that specified in the schedule
accompanying the scheme under sub-section (3) of section 354L the provisions
of sections 354G and 354L and of sub-section (1) shall apply to the part of the
scheme so altered, in the same manner as if such altered part were the scheme.
354N. If, within three years from the declaration aforesaid, the If the
Corporation
Corporation fail to acquire land or any part of the land proposed to be fail to acquire
Bom. acquired for the purposes of any scheme notified after the City of Bombay the land,
owner may call
XIII of Municipal (Amendment) Act, 1933, comes into operation, the owner of any upon
1933.
land included in the declaration may, by written notice setting out the 4
[Corporation]
to acquire it or
particulars of such land, call upon the Corporation to acquire such land or to to withdraw
withdraw from the proposal to acquire it. Thereafter the procedure from the
proposal.
prescribed in sub-sections (2) to (4) of section 354-I shall be followed.

Police Accommodation Schemes

354O. (1) When a representation is made by 2[the 3[State] Government] The Corpora-
tion to have
to the Corporation that within any part of 5[Brihan Mumbai] accommodation power to make
is required for housing any part of the police of 5[Brihan Mumbai], the a police
accommodation
Corporation shall take such representation into their consideration, and, if scheme.
satisfied of the sufficiency of their resources and that it is otherwise
expedient, shall pass a resolution to the effect that a scheme for providing
such accommodation ought to be made, and shall direct the Commissioner
to forthwith proceed to make a police accommodation scheme.
(2) The police accommodation scheme may provide for constructing
dwellings, police stations and accessory buildings for any or all classes of
such Police, and for acquiring, raising and levelling any land required for
the execution of the scheme.
354P. Upon completion of a police accommodation scheme, the provisions Procedure on
completion of a
of sections 354G to 354M shall, with all necessary modifications, be applicable scheme.
to the scheme in the same manner as if the scheme were an improvement
scheme.
354Q. (1) When such scheme is sanctioned by 2[the 3[State] Government], Vesting of land
in Corporation.
in the case of land specified in Schedule W, 2[the 3[State] Government] shall
resume the land, and the said land shall thereupon vest in the Corporation.
(2) The Commissioner shall then proceed to execute the police
accommodation scheme.
1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 130.
2
The words “ the Provincial Government ” were substituted for the word “Government ” by the
Adaptation of Indian Laws Order in Council.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
This word was substituted for the word “ Committee ” by Mah. 27 of 1999, s. 131.
5
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2,
Scheducle.
H 4094—41
 H 4094 (281-300)—L–1
288 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(3) Any building constructed under this section shall with the site be held
by 1[the 2[State] Government] for police purposes for a term of sixty years
from the date of the completion of the building, and 1[the 2[State] Government]
shall, during the said period, pay yearly to the Corporation by way of rent a
sum equal to the total of—
(a) the annual interest payable by the Corporation on all moneys, which
they have spent on the scheme, and
(b) sinking fund, charges so calculated that at the end of the said period
the aggregate in the sinking fund shall amount to the total sum spent on the
scheme such total sum shall include—
(i) all moneys spent on interest and sinking fund charges up to the date
of the commencement of the said period ;
(ii) if and so far as the land included in the scheme is not part of the
land specified in Schedule W the cost of such land ;
(iii) preliminary expenses and an allowance for management and
supervision up to the date of the commencement of the said period.
(4) The cost of such land for the purposes of this section shall be deemed
to be—
(a) if and so far as the land has been acquired for the scheme, the actual
cost of its acquisition, and
(b) in all other cases the market value of the land at the date of the
declaration of the scheme.
(5) 1[The 2[State] Government] shall maintain the building held by them
under sub-section (3) in a state of proper repairs.
(6) On the expiration of the period of sixty years the building and the land
forming the site thereof shall vest absolutely in 3[Government].
(7) This section shall apply to all police accommodation schemes
sanctioned, hereto for by 1[the 2[State] Government] in accordance with the
provisions of the 4City of Bombay Improvement Act, 1898, of the City of Bom. IV
of 1898.
Bombay Improvement Trust Transfer Act, 1925, as if such schemes had been
sanctioned under the provisions of this Act.

5
[Clearance areas.
Power to 354R. (1) If it shall appear to the Commissioner in respect of any area in
declare an area
to be a any part of 6[Brihan Mumbai]—
clearance area.
(a) that the residential buildings in that area are, by reason of disrepair or
sanitary defects unfit for human habitation or are, by reason of their bad
arrangement or the narrowness or bad arrangement of the streets dangerous
or injurious to the health of the inhabitants of the area and that the other
buildings, if any in the area are for like reason dangerous or injurious to the
health of the said inhabitants ; and

1
The words “The Provincial Government” were substituted for the word “Government” by the
Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
This word was substituted for the words “ His Majesty ”, ibid.
4
The City of Bombay Improvement Act, 1898, was repealed by the City of Bombay Improvement
Trust Transfer Act, 1925, which has been repealed by Bom. 13 of 1933, See Appendix.
5
These headings, sections were substituted for sections 354R and 354S by Bom. 34 of 1954, s. 18.
6
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 289

(b) that the conditions in the area can be effectually remedied by the
demolition of the buildings in the area without making an improvement
scheme;
the Commissioner may cause that area to be defined on a plan in such manner
as to exclude from the area any building which is not unfit for human
habitation1
or dangerous or injurious to health and submit a draft clearance
scheme * * * for the approval of the Corporation. On the submission by
the Commissioner of draft clearance scheme, the Corporation shall take such
scheme into consideration and approve the same with or without such
alteration as they think fit. The Corporation shall then pass a resolution
declaring the area so defined and approved by them to be a clearance area,
that is to say, an area to be cleared of all buildings in accordance with the
subsequent provisions of this Act. The area shall hereinafter be referred to
as the clearance area and the scheme as the clearance scheme.
(2) Before any area is declared to be a clearance area, it shall be the duty
of Corporation to satisfy themselves as to the sufficiency of their resources
and to ascertain the number of persons who are likely to be dishoused in
such area and thereafter to take such measures as are practicable whether
by the arrangement of their programme or otherwise so as to ensure that as
little hardship as possible is inflicted on those dishoused.
(3) The Commissioner on behalf of the Corporation shall forthwith transmit
to the State Government a copy of the resolution passed by them under this
section.
(4) As soon as may be after the Corporation have declared any area to be
a clearance area the Commissioner shall in accordance with the appropriate
provisions hereafter contained in this Act, proceed to secure the clearance
of the area in one or other of the following ways or partly in one of those
ways, and partly in the other of them, that is to say :—
(a) by ordering the demolition of the buildings in the area; or
(b) by acquiring on behalf of the Corporation land comprised in the area
and undertaking or otherwise securing the demolition of the buildings
thereon.
354RA. (1) Where in respect of any clearance area the Commissioner Clearance
determines to order any buildings in the clearance area to be demolished, orders.
he shall, with the approval of 2* * * * the Corporation make and submit
to the State Government for confirmation by them an order (in this Act
referred to as “ clearance order ”) ordering the demolition of each of those
buildings.
(2) A clearance order shall describe by reference to a plan the area to
which it applies, and shall fix by reference to the date on which it becomes
operative the period, not being less than twenty-eight days from that date,
within which the Commissioner requires the buildings in the area to be
vacated for the purposes of demolition and for that purpose may fix different
periods as respects different buildings.
(3) There shall be excluded from the clearance order any houses or other
buildings properly included in the clearance area only on the ground that by
reason of their bad arrangement in relation to other buildings, or the
narrowness or bad arrangement on the streets they are dangerous or injurious
to the health of the inhabitants of the area:
Provided that this sub-section shall not apply to a buildings constructed
or adapted as, or for the purposes of, a dwelling or partly for those purposes
and partly for other purposes, if any part (not being a part used for other
purposes) is by reason of disrepair or sanitary defects unfit for human
habitation.

1
2
The words “ after obtaining the approval of the Mayor-in-Council ” were deleted by Mah. 27 of 1999, s. 132.
The words “ the Mayor-in-Council and ” were deleted by Mah. 27 of 1999, s. 133(a).

H 4094—41a
 H 4094 (281-300)—L–1
290 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(4) Before submitting the order to the State Government, the

Commissioner shall—
(a) publish simultaneously in the Official Gazette and in three or more
newspapers circulating within 1[Brihan Mumbai] a notice stating the fact of
such a clearance order having been made and describing the area comprised
therein and naming a place where a copy of the order and of the plan referred
to therein may be seen at all reasonable hours; and
(b) serve on every person whose name appears in the Commissioner’s
assessment book, as primarily liable for payment of property tax leviable
under this Act, on any building included in the area to which the clearance
order relates and, so far as it is reasonably practicable to ascertain such
persons, on every mortagagee thereof, a notice stating the effect of the
clearance order and that it is about to be submitted to the State Government
for confirmation, and specifying the time within and the manner in which
objections thereto can be made to the Commissioner.
(5) Upon compliance with the foregoing provisions with respect to the
publication and service of notices of the clearance order, the Commissioner
shall submit to the 2[Improvements Committee] any objections received under
sub-section (4) and any suggestions he may wish to make in that respect.
2
(6) The [Improvements Committee] may, after consideration of any such
objections and suggestions, make such modifications in respect of the order
as they think fit,and the Commissioner shall thereafter submit the order as
approved, 3
* * * by the 2
[Improvements
Committee] first to the Corporation and then to the State Government for
confirmation.
(7) The provisions of Schedule GG to this Act shall have effect with respect
to the validity and date of operation of a clearance order.
(8) When a clearance order has become operative, the owner or owners of
any building to which the order applies shall demolish that building before
the expiration of six weeks from the date on which the building is required
by the order to be vacated or, if it is not vacated until after that date, before
the expiration of six weeks from the date on which it is vacated or, in either
case, before the expiration of such longer period as in the circumstances the
Commissioner may deem reasonable; and if the building is not demolished
before the expiration of that period the Commissioner shall take measures
to demolish the building and sell materials thereof.
(9) Any expenses incurred by the Commissioner under the foregoing sub-
section, after giving credit for the amount realised by sale of the materials,
shall be payable by the owner or owners of the building, and any surplus in
the hands of the Commissioner, after payment of such expenses, shall be
paid by the Commissioner to the owner of the building, or if there is more
than one owner, shall be paid as those owner may agree. In default of
agreement between such owners, the Commissioner shall deposit the surplus
amount in the Small Causes Court and the Chief Judge of the said Court
shall decide in what proportion such amount should be paid to such owners.
The decision of the Chief Judge shall be final.
(10) When a clearance order has become operative, no land to which the
order applies shall be used for building purposes, or otherwise developed,
except subject tosuch restrictions and conditions, as may be imposed by 4* *
the Corporation generallyor specially.

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 133 (b)
and (c).
3
The words “ either with or without modifications “ were deleted by Mah. 10 of 1998, s. 161 (c)(ii).
4
The words “ the Commissioner and approved by ” were deleted by Mah. 10 of 1998, s. 161 (d).
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 291

(11) In the provisions of this Act relating to buildings included in an area

to which a clearance order applies, references to a building shall include
references to a hut, tent or other temporary or moveable form of shelter
which is used for human habitation and has been in the same enclosure for a
period of two years next before action is taken under those provisions, and
the reference to development in sub-section (10) shall include a reference to
the erection or placing on land of a hut, tent, or other temporary or moveable
form of shelter.

354RB. Where, as respects any area declared by the Corporation to be a Acquisition of

land
clearance area, the Commissioner determines to acquire any land comprised surrounded by
in the area, he may acquire also any land which is surrounded by the or adjoining a
clearance area and the acquisition of which is reasonably necessary for the clearance area.
purpose of securing a cleared area of convenient shape and dimensions, and
any adjoining land the acquisition of which is reasonably necessary for the
satisfactory development or use of the cleared area.

354RC. Subject to the provisions of this section, the Commissioner may Provisions with
respect to
include in a clearance area any land belonging to the Corporation which he property
might have included in such area if it had not belonged to them and where belonging to
any land of the Corporation is included in a clearance area or, being land the corporation
within,
surrounded by or adjoining a clearance area, might have been acquired by surrounded by
the Commissioner under the last foregoing section had it not previously or adjoining a
belonged to the Corporation, the provisions of this Act shall apply in relation clearance area.
to that land as if it has been acquired by the Commissioner as being land
comprised in the clearance area or, as the case may be, as being land
surrounded by or adjoining a clearance area.

354RD. (1) Where the Commissioner has determined to acquire land Acquisition of
land in a
comprised in or surrounded by or adjoining a clearance area, he may acquire clearance area.
that land by agreement upon obtaining the requisite sanction under section
90 or he may, with the sanction of the 1 [Improvements Committee] be
authorised to acquire that land by a compulsory acquisition order made and
submitted to the State Government and confirmed by them in accordance
with the provisions of Schedule HH to this Act.
(2) An order authorising the compulsory acquisition of land comprised in
a clearance area shall be submitted by the Commissioner with the approval
2
* * * of the Corporation, to the State Government within six months,
and an order authorising the compulsory acquisition of land surrounded by
or adjoining a clearance area shall be submitted by the Commissioner with
the approval 2* * * of the Corporation to the State Government within
twelve months after the date of the resolution of the Corporation declaring
the area to be a clearance area or within such longer period as the State
Government may, in the circumstances of the particular case, allow.
(3) The provisions of Schedule GG to this Act shall have effect with respect
to the validity and date of operation of a compulsory acquisition order made
under this section.
(4) Nothing in this section shall authorise the compulsory acquisition of
any land or building vested in the Central Government or in the Trustes of
the Port of Bombay without the previous sanction of the Central Government,
or any land or building vested in the State Government or belonging to any
corporation, authorised by law to construct, work and carry on any tramway,
gas, electricity, water or other public undertaking without the previous
sanction of the State Government.

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 134(a).
2
The words “ of the Mayor-in-Council and ” were deleted, by Mah. 27 of 1999, s. 134(2).
 H 4094 (281-300)—L–1
292 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Treatment of a 354RE. The Commissioner having acquired any land comprised in, or
clearance area.
surrounded by or adjoining a clearance area shall, as soon as may be, cause
every building thereon to be vacated if necessary in the manner provided by
section 488A, and shall deal with that land in one or other of the following
ways, or partly in one of these ways and partly in the other of them, that is
to say —
(a) he shall demolish every building thereon before the expiration of
six weeks from the date on which it is vacated, or before the expiration of
such longer period as in the circumstance he deems reasonable and
thereafter may with the sanction of the requisite authority under section
92, sell or lease the land subject to such restrictions and conditions, if any,
as he thinks fit or may, subject to the sanction of the Corporation,
appropriate the land for any purpose for which the Corporation are
authorised to acquire land; or
(b) he shall, as soon as may be, with the sanction of the requisite
authority under section 92, sell or lease the land subject to a condition
that the buildings thereon shall be demolished forthwith and subject to
such restrictions and other conditions, if any, as he thinks fit :
Provided that, in lieu of selling any land other than land abutting on a
public street, the Commissioner may, where the owner of other land (being
land which the Corporation has power to acquire) is willing to take such
land in exchange for that other land, with the sanction of the l [
Improvements Committee] exchange it for that other land either with or
without paying or receiving money for equality of exchange, and in relation
to any such exchange the like provisions shall have effect as respects the
land to be given in exchange by the Corporation as have effect by virtue of
the foregoing provisions of this section as respects land sold thereunder.
Any land acquired by the Commissioner by such exchange if it is situated
in the clearance area shall be subject to the same restrictions as are
applicable to other lands in such area.

Arrangements 354RF. Where the Commissioner has submitted to the State Government
where
acquisition of an order for the compulsory acquisition of land in a clearance area, and the
land in a State Government, on an application for an authorisation under this section
clearance area being made to them by the owner or owners of the land and the Commissioner
found to be
unnecessary. is satisfied that the owner or owners of the land, with the concurrence of
any mortgagee thereof, agree to the demolition of the buildings thereon and
that the Commissioner can secure the proper clearance of the area without
acquiring the land, the State Government may,—
(a) in a case where the order has not been confirmed authorise the
Commissioner to submit forthwith and without any previous publication
or service, a clearance order with respect to the buildings, and upon his so
doing, may modify the compulsory acquisition order by excluding the land
therefrom and confirm the clearance order; or
(b) in a case where the compulsory acquisition order has been confirmed
but the land has not become vested in the Corporation, authorise the
Commissioner to discontinue proceedings for the acquisition of the land
on their being satisfied that such agreements have been or will be entered
into by all necessary parties as may be requisite for securing that the
buildings shall be demolished in like manner, and the land become subject
to the like restrictions and conditions, as if the Commissioner had dealt
with the land in accordance with the provisions of the last foregoing section.
1
These words- were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 135.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 293

354RG. (1) Where land has been cleared of buildings in accordance with Power to
acquire cleared
a clearance order the Corporation may, at any time after the expiration of land which
eighteen months from the date on which the order became operative, by owners have
resolution determine to acquire any part of that land which at the date of failed to
redevelop.
the passing of the resolution has not been, or is not in process of being, used
for building purposes or otherwise developed by the owner thereof in
accordance with plans approved by the Commissioner and any restrictions
or conditions imposed under sub-section (10) of section 354RA.
(2) Where the Corporation have determined to acquire land under this
section the Commissioner may acquire that land by agreement upon obtaining
the requisite sanction under section 90, or he may, with the sanction of the
1
[Improvements Committee] be authorised to acquire that land by a
compulsory acquisition order made and submitted to the State Government
and confirmed by them in accordance with provisions of Schedule HH to this
Act.
(3) An order authorising the compulsory acquisition of land for the
purposes of this section shall be submitted by the Commissioner to the State
Government within three months after the date of the passing of the
resolution to acquire the land.
(4) The provisions of Schedule GG to this Act shall have effect with respect
to the validity and date of operation of a compulsory acquisition order made
under this section.
(5) The Commissioner shall, with the approval of the 1[Improvements
Committee], deal with any land acquired under this section by sale, lease or
appropriation, in accordance with the provisions of section 354RE.
354RH. (1) Where any premises in respect of which a clearance order Power of Court
has become operative from the subject-matter of a lease, either the lessor or to determine
lease where
the lessee may apply to the Chief Judge of the Small Causes Court for an premises
order under this section. demolished.

(2) Upon any such application as aforesaid, the Chief Judge, after giving
to any sub-lessee an opportunity of being heard, may, if he thinks fit, make
an order for the determination of the lease, or for the variation thereof, and
in either case, either unconditionally or subject to such terms and conditions
(including conditions with respect to the payment of money by any party to
the proceedings to any other party thereto by way of compensation, damages,
or otherwise) as he may think just and equitable to impose, regard being had
to the respective rights, obligations and liabilities of the parties under the
lease and all the other circumstances of the case.
(3) In this section, the expression ‘lease’ includes an under-lease and any
tenancy, or agreement for a lease, under-lease, or tenancy, and the expression
‘ lessor ’, ‘lessee’ and ‘sub-lessee’ shall be construed accordingly, and as
including also a person deriving title under a lessor, lessee or sub-lessee.

Re-development areas
354RI. (1) If it shall appear to the Commissioner in respect of any area Power to
in any part of 2[Brihan Mumbai], that the following conditions exist, that is declare an area
to be a re-
to say— development
area.
(a) that the area contains fifty or more dwellings for the poorer classes ;
(b) that at least one-third of the poorer class dwellings in the area are
over-crowded, or unfit for human habitation and not capable at a reasonable
expense of being rendered so fit, or so arranged as to be congested;
1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 136 (a) and (b).
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s.2, Schedule.
 H 4094 (281-300)—L–1
294 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(c) that it is expedient in connection with the provision of housing

accommodation for the poorer classes that the area should be re-developed
as a whole, the Commissioner shall cause that area to be defined on a plan
and shall submit draft 1 [re-development scheme for the approval of] the
Corporation. On the submission of such a draft re-development scheme,
the Corporation shall take into consideration such scheme and approve
the same with or without alteration as they think fit. The Corporation
shall then pass a resolution declaring the area so defined and approved by
them to be a ‘ re-development area.’

(2) As soon as may be after the Corporation have passed a resolution under
the foregoing sub-section, the Commissioner on behalf of the Corporation
shall transmit to the State Government a copy of the resolution and of the
plan, and shall publish simultaneously in the Official Gazette and in three
or more newspapers circulating within 2[Brihan Mumbai] a notice stating
that the resolution has been passed and naming a place where a copy of the
resolution and of the plan may be inspected at all reasonable hours.

(3) Before any area is declared to be a re-development area, it shall be the

duty of the Corporation to satisfy themselves as to the sufficiency of their
resources and to ascertain the number of persons who are likely to be
dishoused in such area and thereafter to take such measures as are
practicable whether in the arrangement of their programme or otherwise so
as to ensure that as little hardship as possible if inflicted on those dishoused.

Re- 354RJ. (1) Within six months after the Corporation have passed a
development resolution under the last foregoing section or within such extended period
plan.
as the State Government may allow, the Commissioner shall, 3[with the
approval of the Corporation] prepare and submit to the State Government a
re-development plan indicating the manner in which it is intended that the
defined area should be laid out and the land therein used, whether for
existing purposes or for purposes requiring the carrying out of re-
development thereon, and in particular the land intended to be used for the
provisions of housing accommodation for the poorer classes, for streets and
for open spaces.

(2) In the preparation of the plan regard shall be had to the provisions of
any improvement scheme or proposed improvement scheme under this Act
or any scheme under 4[the Maharashtra Regional and Town Planning Act, Mah.
XXXVII
1966,] relating to the defined area or land in the neighbourhood thereof. of 1966.

(3) Before submitting the plan to the State Government, the Commissioner
shall—

(a) publish simultaneously in the Official Gazette, and in three or more

news papers circulating within 2[Brihan Mumbai] a notice stating that the
plan has been prepared and is about to be submitted to the State
Government, naming a place where the plan may be inspected at all
reasonable hours, and specifying the time within which, and the manner
in which, objections can be made; and

(b) serve a notice to the like effect on every owner, lessee and occupier
(except tenants for a month or any period less than a month) of land in the
defined area, and on every railway administration operating a railway
within the defined area and on any Corporation authorised by law to
construct, work and carry on any tramway, gas, electricity, water or other
public undertaking within the defined area.
1
These words were substituted for the words “ re-development Scheme to the Mayor-in-Council for the
approval of ”, by Mah. 27 of 1999, s. 137.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
3
These words were substituted for the words “with the approval of the Mayor-in-Council and the Corporation”
by Mah. 27 of 1999, s. 138 (a).
4
These words and figures were substituted for the words and figures “ the Bombay Town Planning
Act, 1915 ” by Mah. 10 of l998, s. 166 (b).
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 295

(4) Upon compliance with the foregoing provisions with respect to the
publication and service of notices regarding the proposed re-development
plan, the Commissioner shall submit to the 1[Improvements Committee] and
objections received under sub-section (3) and any suggestions he may wish
to make in that respect.

(5) The 1[ Improvements Committee] may after consideration of any such

objections and suggestions make such modification in respect of the re-
development plan as they think fit, and the Commissioner shall thereafter
submit the plan as modified by the Improvements Committee first to the
Corporation and then to the State Government for approval.

(6) On receipt of notice of the State Government’s approval the

Commissioner shall publish simultaneously in the Official Gazette and in
three or more newspapers circulating within 2[Brihan Mumbai] a notice
stating that the re-development plan has been approved and naming a place
where a copy thereof may be inspected at all reasonable hours, and shall
serve a like notice on every person on whom a notice was served by him of
his intention to submit the re-development plan to the State Government
for their approval.

(7) Where, after a re-development plan has been approved, the Corporation
are satisfied that any land in re-development area (that is to say, the defined
area or so much thereof as is comprised in the plan as approved) ought to be
re-developed or used otherwise than as indicated in the plan, the
Commissioner shall prepare and submit to the State Government on behalf
of the Corporation a new plan in respect of that land and the provisions of
this section in respect to publication, service of notices and approval by the
State Government shall have effect in relation to the new plan, with the
substitution of references to the new plan and to the land comprised therein,
for references to the re-development plan and to the defined area.

(8) The provisions of Schedule GG to this Act shall have effect with respect
to the validity and date of operation of the State Government’s approval of a
re-development plan or of a new plan.

(9) In the subsequent provisions of this Act references to re-development

or use in accordance with a re-development plan shall be construed as
references to re-development or use in accordance with a re-development
plan approved under this section or in the case of land comprised in a new
plan approved under this section, in accordance with the new plan.

354RK. (1) When the State Government’s approval of a re-development

plan has become operative, the Commissioner may acquire by agreement,
upon obtaining the requisite sanction under section 90, or he may, with the
sanction of the 1 [Improvements Committee], be authorised by means of an
order made and submitted to the State Government and confirmed by them
in accordance with Schedule HH to this Act, to acquire compulsorily—

(a) land in the re-development area; and

(b) any land outside that area which may be required for the purpose of
providing accommodation for person occupying premises within that area
which have been or are intended to be acquired by agreement, or in respect
of which compulsory acquisition orders have been submitted.

1
These words were substituted for the words “ Mayor-in-Coundl ”, by Mah. 27 of 1999, s. 138(b).
2
These words were. substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.

H 4094—42
 H 4094 (281-300)—L–1
296 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(2) Where the Commissioner submits to the State Government an order

for the compulsory acquisition under this section of land which comprises or
consists of a building which in his opinion is unfit for human habitation and
not capable at reasonable expense of being rendered so fit, the order as
submitted shall be in a form, prescribed for the purpose of indicating that
the building is in that condition, and, if in the opinion of the State Government
the building is properly so indicated, the order as confirmed may authorise
the Commissioner to acquire the building as being in that condition.
(3) The provisions of Schedule GG to this Act shall have effect with respect
to the validity and date of operation of a compulsory acquisition order made
under this section.
(4) Nothing in this section shall authorise the compulsory acquisition of
any land or building vested in the Central Government or in the Trustees of
the Port of Bombay without the previous sanction of the Central Government,
or any land or building vested in the State Government or belonging to any
Corporation authorised by law to construct, work and carry on any tramway,
gas, electricity, water or other public undertaking without the previous
sanction of the State Government.
(5) Land acquired by the Commissioner under this section for the
provision of houses for the poorer classes shall be deemed to have been
acquired by him under section 354RN.
(6) Land acquired by the Commissioner under this section otherwise than
for the provision of houses for the poorer classes may, with the sanction of
the requisite authority under section 92, be sold or leased to any person or if
such land is notabutting on any public street may with like sanction be
exchanged for other land which the Commissioner has power to acquire either
with or without paying or receiving money for equality of exchange, subject,
in the case of land in the re-development area, to conditions for securing
that it shall be re-developed or used in accordance with the re-development
plan.
(7) When the State Government’s approval of a re-development plan has
become operative, and the plan comprise any land of the Corporation, the
provisions of this Act shall in relation of that land, as if it had been land in
the re-development area acquired by the Commissioner under this section.
(8) When the State Government’s approval of a re-development plan has
become operative, no person shall construct or reconstruct any building or
any portion of a building within the re-development area to which the plan
relates except with the written permission of the commissioner, who in
granting such permission may impose such conditions approved by the
Corporation generally or specially, as will, in his opinion, ensure that the
construction or reconstruction shall only proceed in accordance with the re-
development plan.

General provisions as to land purchased for clearance or re-development.

Extinguishment 354RL. (1) The Commissioner may, with the approval of the State
of ways,
ceasements, Government, by order extinguish any public right of way over land acquired
etc. over land by agreement under section 354RD, 354RG or 354RK, provided that an order
acquired under intended to be made by the Commissioner under this sub-section shall be
sections
354RD, 354 RG published alongwith a notice inviting objections simultaneously in the Official
and 354 RK. Gazette and in three or more newspapers circulating within 1[Brihan Mumbai]
and, if any objection thereto is made to the State Government before the
expiration of six weeks from the publication thereof, the State Government
shall not approve the order until they have considered all such objections.

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 297

(2) Where the Commissioner proposes to acquire under the sections

referred to in sub-section (1) land over which a public right of way exists, it
shall be lawful under this section for the Commissioner to make and the
State Government to approve, in advance of the acquisition an order
extinguishing that right as from the date on which the buildings on the land
are vacated or at the expiration of such period after that date as may be
specified in the order, or as the State Government in approving the order
may direct.
(3) Upon the completion of the purchase of the land which the
Commissioner on behalf of the Corporation has acquired by agreement under
the sections referred to in sub-section (1) all private rights of way in and all
private rights under or over that land and all other rights or easements in or
relating to that land shall be extinguished, and any person who suffers loss
by the extinguishment of any such right or easement shall be entitled to be
paid by the Corporation compensation of such amount as might have been
awarded to a person interested in such rights or easements as if the land to
which the same relate has been acquired under a compulsory acquisition
order for which the notice required under clause 2(a) of Schedule HH to this
Act had been published on the date of completion of the purchase:
Provided that this sub-section shall not apply to any rights vested in
Government or in the Trustees of the Port of Bombay or to any rights
belonging to any Corporation authorised by law to construct, work and carry
on any tramway, gas, electricity, water or other public undertaking, and
shall have effect as respect other matters subject to any agreement which
may be made between the Commissioner and the person in or to whom the
right in question is vested or belongs.
Provision of housing accommodation for the poorer classes.
354RM. (1) If the Corporation, upon consideration of a representation Mode of
provision of
from the 1 [Commissioner] other information in their possession, are satisfied accommodation.
that within any area in any part of 2[Brihan Mumbai] it is expedient to provide
housing accommodation for the poorer classes and that such accommodation
can be conveniently provided without making an improvement scheme, they
shall cause that area to be defined on a plan and pass a resolution authorising
the Commissioner and the Commissioner shall thereupon be empowered to
provide such accommodation—
(a) by the erection of building or in any other manner, on any land
belonging to the Corporation or any land acquired by the Corporation for
the purpose ;
(b) by the conversion of any buildings belonging to the Corporations
into dwellings for the poorer classes ;
(c) by altering, enlarging, repairing or improving any buildings which
have, or an estate or interest in which has been acquired by the Corporation.
(2) 3|The Commissioner may subject to the approval of the Corporation
alter,] enlarge, repair or improve any house so erected, converted or acquired.
354RN. The Commissioner may for the purpose of the foregoing section Power of
on behalf of the Corporation— Commissioner
to acquire land
for housing
(a) acquire any land including any buildings thereon as a site for the accommodation.
erection of buildings for the poorer classes ;
1
This word was substituted for the words “ Membcr-in-charge ” by Mah. 27 of 1999, s. 140.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2. Schedule.
3
These words were substituted for the words “ the Commissioner, may alter ”, by Mah. 10 of 1998, s. 168(b).
H 4094—41a
 H 4094 (281-300)—L–1
298 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(b) acquire land for the purpose of—

(i) the lease or sale of land with a view to the erection thereon of
buildings for the poorer classes by persons other than the Corporation ;
(ii) lease or sale of any part of the land acquired with a view to the use
thereof for purposes which in the opinion of the Commissioner are
necessary or desirable for, or incidental to, the development of the land as
a building estate, including the provision, maintenance and improvement
of buildings, gardens, factories, workshops, places of worship, places of
recreation and other works or buildings for, or for the convenience of,
persons belonging to the poorer classes.

Mode of 354RO. (1) Land for the purposes of the foregoing section may be
acquisition of acquired by the Commissioner by agreement upon obtaining the requisite
land for
housing sanction under section 90, or he may, with the sanction of the 1[Improvements
accommo- Committee], be authorised to acquire land for those purposes by means of a
dation. compulsory acquisition order made and submitted to the State Government
and confirmed by them in accordance with the provisions of Schedule HH to
this Act.
(2) The Commissioner may, with the consent of and subject to any conditions
imposed by, the State Government acquire land for the purposes of the
foregoing section, notwithstanding that the land is not immediately required
for those purposes :
Provided that the Commissioner shall not be authorised to acquire any
land compulsorily for those purposes unless it appears to the State
Government that it is likely to be required for those purposes within ten
years from the date on which they confirm the compulsory acquisition order.
(3) The provisions of Schedule GG to this Act shall have effect with respect
to the validity and date of operation of a compulsory acquisition order made
under this section.
(4) Nothing in this Act shall authorise the compulsory acquisition for the
purposes of section 354RM of any land which is the property of Government
or of the Trustees of the Port of Bombay or any local authority, or which is
the property of any Corporation authorised by law to construct, work and
carry on any tramway, gas, electricity, water or other public undertaking
and was acquired for the purposes of such Corporation, or which at the date
of the compulsory acquisition order forms part of any park, garden or
recreation ground.
Power of 354RP. (1) Where the Commissioner has acquired or appropriated any
dealing with land for the purposes of section 354RN then, without prejudice to any of his
land
acquired or other powers under this Act, he may—
appropriated
for provision of (a) lay out and construct public streets or roads and open spaces on the
housing land ;
accommod-
ation.
(b) with the approval of 2|the Improvements Committee], sell or lease
the land ; or
part thereof to any person for the purpose and under the condition that,
that person will erect and maintain thereon such number of buildings suitable
for the poorer classes as may be fixed by the Commissioner in accordance
with plans approved by him and, when necessary, will lay out and construct
public streets or roads and open space on the land, or will use the land for
purposes which in the opinion of the Commissioner are necessary or
desirable, for, or incidental to, the development of the land in accordance
with plans approved by the Commissioner including the provision,
maintenance and improvement of houses and gardens, places of recreation
and other works or buildings for, or for the convenience of, persons belonging
to poorer classes ;
1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 141.
2
These words were substituted for the words “ the Corporation ” by Mah. 27 of 1999, s. 142.
 H 4094 (281-300)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 299

(c) with the approval of 1[the Improvements Committee], sell the land
or part thereof or if such land is not abutting on any public street, ex-
change the land or part thereof for land better adapted for those purposes,
either with or without paying or receiving any money for equality of ex-
change ;
(d) with the approval of 1[the Improvements Committee], sell or less
any building on the land or erected by him on the land, subject to such
covenants and conditions as he may think fit to impose either in regard to
the maintenance of the buildings as dwelling for the poorer classes or oth-
erwise in regard to the use of the buildings, and upon any such sale he
may, if he thinks fit, agree to the price being paid by instalments together
with interest on the outstanding balance at such rate as may from time to
time be prescribed by the 1[the Improvements Committee] in this behalf,
or to a payment or part thereof being secured by a mortgage of the pre-
mises.

(2) Where the Commissioner acquired any building which can be made
suitable as a building for the poorer classes or an estate or interest in such a
building, he shall forthwith proceed to secure the alterations, enlargement,
repair or improvement of the building, either by himself executing neces-
sary works, or by leasing or selling to some person subject to conditions for
securing that he will alter, enlarge, repair or improve it.

354RQ. 2[The powers of the Commissioner] to provide housing accom- Supplementary

modation for the poorer classes, shall include a power to provide and main- powers in
connection
tain and if desired, jointly with any other person, in connection with any with
such housing accommodation, any building adapted for use as a shop, any provision of
recreation grounds, or other buildings or land which in the opinion of the accommoda-
tion.
Commissioner will serve a beneficial purpose in connection with the require-
ments of the persons for whom the housing accommodation is provided.

Land Acquisition
I of 1894. 354S. The Land Acquisition Act, 1894 (in this and the next succeeding Extent to
sections referred to as “ the Land Acquisition Act”) shall to the extent set which Land
Acquisition
forth in Schedule CC, regulate and apply to the acquisition of land under Act shall
this Chapter, otherwise than by agreement, and shall for that purpose be apply to
acquisition
deemed to form part of this Chapter in the same manner as if enacted in the of land
body hereof, subject to the provisions of this Chapter and to the provisions otherwise
following namely:— than by
agreement.

(1) A reference to any section of the Land Acquisition Act shall be deemed
to be a reference to such section, as modified by the provisions of this
Chapter, and the expression land, as used in the Land Acquisition Act,
shall be deemed to have the meaning assigned to it by clause (r) of section
3 of .this Act, and clause (b) of section 3 of the Land Acquisition Act shall,
for the purposes of this Chapter, be read as if the words and parenthesis
(including Government) were inserted after the words “includes all per-
sons” and the words “or if he is the owner of any right created by legisla-
tive enactment over any street forming part of the land ” were added after
the words “affecting the land”;

1
These words were substituted for the words “ the Corporation ” by Mah. 27 of 1999, s. 142.
2
These words were substituted for the words “Subject to the general or special orders issued in this behalf
by the Mayor-in-Council, the powers of the Commissioner ” by Mah. 27 of 1999, s, 143.
 H 4094 (281-300)—L–1
300 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(2) in the construction of sub-section (2) of section 4 of the Land Acquisition

Act and the provisions of this Chapter, the provisions of the said sub-section
shall, for the purposes of this Act, be applicable immediately upon the passing
of a resolution under sub-section (1) of section 354-C, 354-O, 354-R, 354-RI,
or 354-RM, as the case may be, and the expression ‘ State Government’, shall
be deemed to include the Commissioner, and the words “ such locality ’ shall
be deemed to mean the locality referred to in any such resolution ;

(3) in the construction of the sections of the Land Acquisition Act deemed
to form part of this Chapter and of the provisions of this Chapter, the
publication of a notification under sub-section (1) of section 354G or 354P, or
the publication of notice of a compulsory acquisition order having been made
under clause (2) (a) of Schedule HH to this Act shall be deemed to be the
publication of notification, under sub-section (1) of section 4 of the Land
Acquisition Act and the date of publication of the declaration under section
354M or 354P or of publication of notice of a compulsory acquisition order
having been confirmed under clause (1) of Schedule GG shall be deemed to
be the date of the publication of the declaration under section 6 of the Land
Acquisition Act:

Provided that where land is acquired under section 354-H or sub-section

(3) of section 354I the date of publication of the notification under sub-section
(1) of section 354-G shall be deemed to be the date of publication of a
declaration under section 6 of the Land Acquisition Act:

Provided further that the provisions of sub-section (2) of section 23 of the

Land Acquisition Act shall apply when land, other than land forming part of
any improvement scheme approved under section 354D, is acquired
specifically under this Act for the purpose of a police accommodation scheme
; and that in all other cases, in which land is notified for acquisition after the
1st October 1933 (being the date on which the City of Bombay Municipal Bom.
(Amendment) Act, 1933 came into operation) additional compensation in XIII of
1933.
consideration of the compulsory nature of the acquisition shall be awarded
on the scale set out in Schedule DD ;

(4) the provisions of sub-section (1) of section 17 of the Land Acquisition

Act to take possession of land shall apply to any land which the Commissioner
is authorised to acquire under this Chapter as if it were waste or arable land
needed urgently for a public purpose subject to the condition that the
Corporation shall pay additional compensation in the form of interest not
exceeding 6 per cent. on the compensation awarded from the date on which
possession of land is taken by the Collector ;

(5) in the construction of sub-section (2) of section 50 of the Land Acquisition

Act and the provisions of this Chapter, the Commissioner shall be deemed to
be “ the local authority or Company concerned ” ;

(6) notwithstanding anything contained in sub-section (2) of section 49 of

the Land Acquisition Act, it shall not be competent for the owner of any
building, of which it is proposed to acquire only a part, to insist on the
acquisition of his entire holding where the part proposed to be acquired can,
in the opinion of the Collector, be served from the remainder without material
detriment thereto ;
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 301

Provided that the Collector shall, if required by the owner of such building,
refer the question whether such part can be served from the remainder
without material detriment for the determination of the Court and the Court
shall decide upon such a reference, as if it were a reference to the Court under
the said sub-section :

Provided also that, if, in the opinion of the Collector, or in the event of, a
reference of the Court, the part proposed to be acquired cannot be served from
the remainder without material detriment thereto, the State Government may,
at the instance of the Commissioner, order the acquisition of the remainder,
and in such case no fresh declaration shall be necessary, but the Collector shall
without delay furnish a copy of the order of the State Government to the person
or persons interested and shall thereafter take order for the acquisition of
the remainder in like manner and with like powers in all respect as if the
acquisition had originally been provided for in the improvement scheme or
under a compulsory acquisition order, as the case may be ;

(7) section 54 of the Land Acquisition Act shall not apply to any case of
acquisition of land to which section 354SA applies.

354SA. (1) For the purposes of the acquisition of land under a compulsory Determination
by special
acquisition order made and confirmed under the provisions of this Chapter, Tribunal in
the functions of the Court under the Land Acquisition Act shall be performed certain cases.
by a Tribunal having the constitution and powers set forth in Schedule II and
in the construction of the said Act and the provisions of this Chapter the
Tribunal shall be deemed to be the Court, and the President of the Tribunal
shall be deemed to be the Judge.

(2) The award of the Tribunal shall be deemed to be the award of the Court
under the Land Acquisition Act, and shall be final :

Provided that in any case in which the President may grant a certificate
that the case is a fit one for appeal, there shall be an appeal to the High Court
from the award or any part of the award of the Tribunal.

(3) Every award of the Tribunal, and every order made by the Tribunal for
the payment of money, shall be enforced by the Bombay City Civil Court as if
it were a decree of that Court.]

354T. In determining the amount of compensation to be awarded for any Special

provisions as
land or building acquired under this Act, the following further provisions shall to compensa-
apply:— tion.

(1) the Court shall take into consideration any increase to the value of
any other land or building belonging to the person interested likely to accrue
from the acquisition of the land or from the acquisition, alteration, or
demolition of building;

(2) when any addition to, or improvement of, the land or building has
been made after the date of the publication under sub-section (1) of section
354G or section 354P of a notification relating to the land or building, such
addition or improvement shall not (unless it was necessary for the
maintenance of the building in a proper state of repair) be included, nor in
the case of any interest acquired after the said date shall any separate
estimate of the value thereof be made, so as to increase the amount of
compensation to be paid for the land or the building;
 H 4094 (301-332)—L–1
302 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) in estimating the market value of the land or building at the date of
the publication of a notification relating thereto under sub-section (1) of
section 354G or section 354P the Court shall have due regard to the nature
and the condition of the property and the probable duration of the building
if any in its existing state and to the state of repair thereof and to the
provisions of clauses (4), (5) and (6) of this section;

(4) if in the opinion of the Court the rental of the land or building has
been enhanced by reason of its being used for an illegal purpose, or being
so overcrowded as to be dangerous or injurious to the health of the inmates,
the rental shall not be deemed to be greater than the rental which would
be obtainable if the land or building were used for legal purposes only, or
were occupied by such a number of persons only as it was suitable to
accommodate without risk of such overcrowding;

Explanation.—For the purposes of this sub-section overcrowding shall

be interpreted as in sub-sections (4) and (5) of section 379A;

(5) if in the opinion of the Court the building is in a state of defective

sanitation, or is not in reasonably good repair the amount of compensation
shall not exceed the estimated value of the property after the building has
been put into a sanitary condition, or into reasonably good repair, less the
estimated expense of putting it into such condition, or repair ;

(6) if in the opinion of the Court the building being used or intended or
likely to be used for human habitation is not reasonably capable of being
made fit for human habitation, the amount of compensation for the building
shall not exceed the value of the materials, less the cost of demolition;

[(7) the Court may award compensation in respect of the severance of

1

any part of a building proposed to be acquired in addition to the value of

that part ;

(8) the compensation to be paid for land, including any buildings thereon,
acquired as being land comprised in a clearance area shall be the value at
the time valuation is made of the land as a site cleared of buildings and
available for development in accordance with requirements of the building
bye-laws for the time being in force:

Provided that this sub-section shall not have effect in the case of the site
of a building properly included in a clearance area only on the ground that
by reason of its bad arrangement in relation to other buildings or the
narrowness or bad arrangement of the streets, it is dangerous or injurious
to the health of the inhabitants of the area, unless it is a building
constructed or adapted as, or for the purposes of, a dwelling, or partly for
those purposes and partly for other purposes, and part thereof (not being
a part used for other purposes) is by reason of disrepair or sanitary defects
unfit for human habitation ;

(9) the compensation to be paid for a building which the Commissioner

is authorised to acquire under sub-section (2) of section 354RK as being
unfit for human habitation and not capable at reasonable expenses of being
rendered so fit shall be assessed in like manner as if it had been land
acquired as being comprised in a clearance area.]

1
Clauses (7), (8) and (9) were inserted by Bom. 34 of 1954, s.19.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 303

345U. When the Collector has made an award under section 11 of the Land Collector to
take posses-
Acquisition Act, as applied by this Act, he may take possession of the land sion after
which shall thereupon vest absolutely in 1[Government] free from all making an
award and
encumbrances, and the Collector shall, upon payment of the cost of the transfer land
acquisition, make over charge of the land to the Commissioner and the land to corporation.
shall thereupon vest in the corporation subject to the liability of the
Commissioner to pay on behalf of the corporation any further costs which may
be incurred on account of the acquisition of the land.
2
[Levy of betterment charges.

354UA. (1) When by the clearance or re-development of an area as Condition for

levying
provided for under sections 354RE or 354RJ and 354RK respectively, any land betterment
will, 3[in the opinion of the Commissioner be increased in value, the charge in
clearance and
Commissioner may declare] that a betterment charge shall be leviable in development
respect of the increase in value of the land resulting from such clearance or areas.
re-development.

(2) Before declaring that a betterment charge shall be leviable under sub-
section (1) the Commissioner, shall serve on every person whose name appears
in the Commissioner’s assessment book as primarily liable for the payment
of property taxes leviable under this Act on any land or building or part of
building affected by the proposed levy of betterment charge a notice of his
intention to declare a betterment charge in respect of the land, and specifying
the time within which, and the manner in which objections thereto, can be
made to the Commissioner.

(3) The Commissioner shall submit to the 4[Improvements Committee] any

objections received under sub-section (2) and any suggestions he may wish to
make in that respect.

(4) The 4[ Improvements Committee ] shall, after consideration of any of

such objections and suggestions, make such modifications in respect of the
proposed betterment charge 5[ as they think fit,] and the Commissioner shall
thereafter declare that the betterment charge, either with or without
modifications, shall be leviable.

354UB. Where an improvement scheme has provided for the levy of a Method of
calculating
betterment charge pursuant to sub-section (3) of section 354E, or where the charge.
Commissioner has declared a betterment charge to be leviable under sub-
section (4) of section 354UA, such betterment charge shall be an amount equal
to one-half of the increase in value of the land and shall be calculated, in the
case of an improvement scheme upon the amount by which the value of the
land on completion of the execution of the scheme exceeds the value of the
land at the time of the publication of the notification made under section 354G
and in the case of a clearance or re-development area, upon the amount by
which the value of the land on completion of the clearance or re-development
of the area exceeds the value of the land at the date of the resolution of the

1
This word was subsitituted for the words “ His Majesty ” by the Adaptation of Laws Order, 1950.
2
This heading and sections 354UA, 345UB and 345UC were inserted by Bom. 34 of 1954, s. 20.
3
These words were substituted for the words “ in the opinion of the Mayor-in-Council be increased in
value, the Commissioner may, as decided by the Mayor-in-Council, declare ” by Mah. 27 of 1999,
s. 144(a).
4
These words were substituted for the words, “ the Member-in-charge ” by Mah. 27 of 1999, s. 144(b)
and (c) (1).
5
These words were substituted for the words “ as he thinks fit,” by Mah. 27 of 1999, s. 144 (c)(2).
H 4094—43
 H 4094 (301-332)—L–1
304 Mumbai Municipal Corporation Act [1888 : Bom. III

Corporation under section 354R or section 354RI declaring that area to be a

clearance area or re development area, as the case may be.
Procedure for 354UC. (1) When it appears to the Commissioner that an improvement
determining
charge. or a clearance scheme or a re-development scheme is sufficiently advanced
to enable the amount of the betterment charge to be determined, the
Commissioner shall make a report to the 1[ Improvements Committee ] to that
effect and the 1[ Improvements Committee ] considering the report may by
resolution declare the date on which for the purpose of determining the
amount of the betterment charge the execution of the scheme shall be deemed
to have been completed.
(2) The betterment charge leviable in each case shall be determined in
accordance with section 354UB after following the procedure prescribed in
sub-section (3) by such officer as the State Government may, by notification
in the Official Gazette, appoint in this behalf at the request of the
Corporation.
(3) On a date being fixed under sub-section (1) and an officer being
appointed under sub-section (2), the Commissioner shall, in consultation with
such Officer serve upon every person on whom a notice in respect of the
property affected has been served under sub-section (2) of section 354G or
under sub-section (2) of section 354UA a notice, which shall state—
(a) the date declared by the 2[ Improvements Commmittee] under sub-
section (1) as aforesaid;
(b) the time (being some time not less than twenty-one days after the
service of the notice) and place at which the assessment of the betterment
charge will be considered by such officer,
and every person upon whom such notice is served shall be entitled to be heard
either in person or by a duly authorised agent when the matter is taken into
consideration by such officer.
(4) When such officer has determined the amount of betterment charge
leviable in respect of any property, the Commissioner shall serve upon the
person concerned a notice stating the amount so determined.
(5) With effect from the date of service of the notice under sub-section (4)
and subject to the decision upon any reference made to the Tribunal as
hereinafter provided in sub-section (6), the amount of the betterment charges
determined as aforesaid and interest thereon, if any, shall be a charge upon
the property in respect of which it is levied and shall be recoverable in the
same manner as expenses declared to be improvement expenses under section
494.
(6) If any person or the Commissioner is dissatisfied with the betterment
charge determined by the said officer, he may, at any time within two months
from the date of service of notice under sub-section (4) refer the case for the
determination of the Tribunal constituted under section 354 SA, whose
decision shall be final.
(7) If no reference is made to the Tribunal for the determination of the
betterment charge within the period specified in sub-section ( 6), the
determination of a betterment charge by the officer appointed by the State
Government in this behalf shall be final.
354V. [ Compensation to corporation on resumption of certain land.]
Deleted by Bom. 34 of 1954, s. 21.

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s.145(a).
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 145(b).
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 305
1
[ Building Loans. ]

354W. (1) Subject to the provisions of this Act and of the bye-laws made Power to grant
thereunder the Commissioner may, with the previous sanction of the loans for
building
2
[Improvements Committee] advance loans to persons desiring to erect purposes.
buildings on land vested in corporation in consequence of the transfer to them
of the property of the Board of Trustees for the Improvement of the City of
Bom. XVI Bombay constituted under the City of Bombay Improvement Trust Transfer
of 1925. Act, 1925.

(2) Any person desiring to erect a building on any such land may make an
application to the Commissioner in the form prescribed by the bye-laws for a
loan to be advanced by way of a mortgage on the security of the building to be
so erected; and the Commissioner may, after making such enquiry as he thinks
necessary, and subject to conditions mentioned in sub-sections (1) and (3) and
the bye-laws made under section 461, advance such loans.

(3) Every such loan shall be subject to the following, among other
conditions :—

(1) that the building in respect of which the loan is advanced shall be
used wholly or mainly for residential purposes ;

(2) that the aggregate amount of the loan shall not exceed twenty
thousand rupees in any individual case ;

(3) that the period within which the loan shall be repayable shall not
exceed twenty years from the date of the first occupation of the building ;

(4) that the amount of the loan shall not exceed 60 per cent. of the cost
of the building (including outhouses and other works, if any, connected
therewith) irrespective of the period of repayment ;

(5) that the person to whom the loan is advanced shall execute a
mortgage of the building (including outhouses and other works, if any,
connected therewith) together with the site on which they are erected in
favour of the corporation containing such covenants and conditions as may
be prescribed in the bye-laws.
3
[354WA. (1) Subject to the provisions of this Act and of the bye-laws Power of
made thereunder, the Commissioner may, with the previous sanction of the Commissioner
to make
4
[ Improvements Committee ] advance loans to persons— advances for
the purposes
of increasing
(a) constructing or altering or undertaking to construct or alter housing
buildings, intended for poorer classes ; accommoda-
tion.
(b) carrying out or undertaking to carry out repairs to such buildings :

Provided that the Commissioner considers that having regard to the cost
of those repairs or the financial position of the applicant, it is reasonable to
give such assistance.

(2) Person referred to in sub-section (1) desiring assistance by way of loan

may make an application to the Commissioner in the form prescribed by the
bye-laws for a loan to be advanced by way of a mortgage on the security of the
building to be so constructed, altered or repaired, and the Commissioner may,
after making such inquiry as he thinks necessary and subject to the conditions
mentioned in sub-section (3) and the bye-laws made under section 461,
advance such loans.
1
This heading was inserted by Bom. 34 of 1954, s. 22.
2
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 146.
3
Sections 354WA, 354WB and 354WC were inserted by Bom. 34 of 1954, s. 23.
4
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 147.
H 4094—43a
 H 4094 (301-332)—L–1
306 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) Every such loan shall be subject to the following among other
conditions :—
(a) that the building in respect of which the loan is to be advanced will,
when the construction, alteration or repair has been completed be in all
respects fit for human habitation and shall be used wholly or mainly for
residential purposes ;
(b) that the amount of the loan with interest thereon shall be secured
by a mortgage of the building (including outhouses and other works, if any,
connected therewith) together with the site on which they are erected in
favour of the Corporation containing such covenants and conditions as may
be prescribed in the bye-laws ;
(c) that the period within which the loan shall be repayable shall not
exceed thirty years from the date on which the construction, alteration or
repair has been completed ;
(d) that the amount of the loan shall not exceed sixty per cent. of the
cost of building irrespective of the period of repayment, and in no case
shall exceed Rs. 30,000 ;
(e) that, where the property intended to be mortgaged consists of a
leasehold interest, no loan shall be made unless the unexpired period of
the lease is not less than forty years from the date of the granting of the
lease.
Power of 354WB. (1) The Commissioner, for the purpose of section 354RM may,
Commissioner
to promote and
with the previous approval of the l [Improvements Committee] promote the
assist housing formation or extension of or, subject to the provisions of this Act assist a
associations. housing association, as hereafter defined.
(2) Where a housing association is desirous of erecting dwellings for the
poorer classes, the Commissioner may, for this purpose with the previous
approval of the l [Improvements Committee] acquire land with a view to
selling or leasing it to the association and the provisions of section 354RO as
to the acquisition of land by the Commissioner shall apply accordingly.
(3) The Commissioner may, for the assistance of a housing association, with
the previous approval of the l[Improvements Committee], make grants or
loans to the association on such terms and subject to such conditions as to
rate of interest and repayment or otherwise and on such security as the
l
[Improvements Committee] may think fit.
(4) For the purposes of this section, “ housing association ” means a society
including a Co-operative Housing Society, body of trustees or company
established for the purpose of, or amongst whose objects or powers are
included those of, constructing, improving or managing or facilitating or
encouraging the construction or improvement of, houses for the poorer
classes, being a society, body of trustees or company who do not trade for
profit.
Power of 2
[354WBB. Subject to such conditions as may be laid down in the bye-
Commissioner
to grant loans laws made under section 461, the Commissioner may, with the previous
to municipal approval of the 3[ Improvements Committee ] grant a loan to an officer or
officers and
servants for
servant of the Corporation (who is eligible for such loan under the bye-laws)
houses. for constructing or purchasing a house in 4 [Brihan Mumbai] or for purchasing,
on ownership basis, a flat in a Co-operative Housing Society or an apartment
under the Maharashtra Apartment Ownership Act, 1970, in 4 [Brihan Mumbai] Mah. XV
of 1971.
or in such adjoining areas as may be specified in the by-laws.]

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999 s. 148.
2
Section 354WBB was inserted by Mah. 50 of 1981, s.3.
3
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 149.
4
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 307

Provisions relating to lands comprised in Schedules W, Y and Z.

354WC. Whenever any land specified in Schedule W is resumed by the Compensation
State Government or any land specified in Schedule Y and vested in the to Corpora-
tion on
Corporation is taken possession of by the State Government under the resumption of
provisions of this Act, the market value of the land at the date of certain land.
resumption as determined by the Collector, or in appeal by the High
Court, shall be paid to the Corporation by the State Government.]
1
354X. [ The 2 [State] Government] shall pay to the Corporation from Payment to be
Bom. the date on which the City of Bombay Municipal (Amendment) Act, 1933, made by
XIII of
2
[State]
1933.
comes into operation and until the nineth day of November 1997 all rents Government.
and profits derived by 1[ the 2[ State ]Government ] from the lands specified
or referred to in Schedule Z ].

CHAPTER XIII
LICENSING OF SURVEYORS AND PLUMBERS .
355. (1) The Commissioner may 3[ subject to the regulations made in this Grant of
behalf ] grant to any person he thinks fit a licence to act as a surveyor or as licences to
surveyors and
a plumber for the purposes of this Act. Each such licence shall be for a plumbers.
renewable period of one year.
(2) If any applicant for a licence to act as a surveyor is a licentiate of civil
engineering or a person who has passed some test of professional qualification
equivalent to that for a licentiate of civil engineering, his application shall
not be refused by the Commissioner, except with the approval of the
4
[Standing Committee] and upon the ground that the applicant is unfit,
through in- competency, misconduct or other grave reason, to hold such
licence.
(3) If the Commissioner refuses any application for a licence under this
section he shall, at the request of the applicant, furnish such applicant with
his reasons, for such refusal in writing under his signature, without charge.
356. 5 [The Corporation may, ] from time to time prescribe regulations for Regulations
may be
the guidance of licensed surveyors and plumbers, respectively and a copy of prescribed
all regulations so prescribed at the time in force shall be written on the back for guidance of
of every licence granted to surveyor or plumber respectively. licensed
surveyors and
plumbers.

357. The 6 [Standing Committee] may from time to time prescribe the fees Fees and
or charges to be paid to licensed plumbers for any work done by them under charges of
licensed
or for any purpose of this Act ; and no licensed plumber shall demand or plumbers to be
receive more than the fee or charge so prescribed for any such work. prescribed by
the 6[ Standing
Committee ].

358. No licensed plumber shall execute any work under this Act carelessly Licensed
or negligently or make use of any bad material, appliance or fitting for the plumber to be
bound to
purpose of such work. execute work
properly.

1
The words “ The Provincial Government” were substituted for the word “ Government” by the
Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
3
These words were inserted by Mah. 10 of 1998, s. 178(a).
4
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 150.
5
These words were substituted for the words “ the Commissioner may, with the approval of the
Standing Committee ”, by Mah. 10 of 1998 s, 179.
6
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 151.
 H 4094 (301-332)—L–1
308 Mumbai Municipal Corporation Act [1888 : Bom. III

CHAPTER XIV
MUNICIPAL FIRE BRIGADE .
Maintenance of
firemen and of 359. (1) With a view to the discharge by the Corporation of the duty of
necessary fire extinguishing fire and protecting life and property in case of fire, the
engines, etc. Commissioner shall provide, in the schedule of municipal officers and
servants from time to time prepared by him under section 79, for a force of
firemen, with a proper number of officers over them to be called “ the
municipal fire- brigade ”, and shall furnish the said brigade with all such fire-
engines, fire-escapes, horses, accountrements, tools, implements and means
of inter-communication as may be necessary for the efficient discharge of their
duties.
(2) A person may be appointed to be a member of the fire-brigade in
addition to any other office or employment of such person.
Powers to 360. The Commissisoner shall from time to time make regulations for—
make regula-
tions for (a) the training, discipline and good conduct of the men belonging to
fire-brigade.
the fire brigade,
(b) their speedy attendance with engines, fire-escapes and all necessary
implements on the occasion of any alarm of fire,
(c) the maintenance of the said brigade generally in a due state of
efficiency.
1
Power of chief 361. [ (1)] On the occasion of a fire the chief or other officer-in-charge
officer of fire-
brigade at a of the fire- brigade may, subject to such orders as the Commissioner may from
fire. time to time issue in this behalf, take the command of all municipal officers
and servants present and of any other persons who voluntarily place their
services at his disposal ; and may—
(a) remove, or order any fireman or other officer or person under his
command to remove any persons who interfere by their presence with the
operations of the fire- brigade ;
(b) take generally the measures that appear expedient for the protection
of life and property, with power, by himself or by the persons under his
command, to break into or through or take possession of, or pull down any
premises for the purpose of putting an end to such fire, doing as little
damage as possible ;
(c) cause the water to be shut-off from the mains and pipes of any district
in order to give a greater supply and pressure of water in the district in
which the fire has occurred and utilise the water of any well or tank
available for the purpose of extinguishing such fire.
l
[(2) The power conferred by clause (b) of sub-section (1) shall include a
power to enter on any vessel within the dock area of the port of Bombay.]
Police and 362. It shall be the duty of all police officers and of all municipal officers
municipal
officers and and servants to aid the fire-brigade in the execution of their duties. They may
servants to aid
the
close any street in or near which a fire is burning and remove any persons
fire-brigade. who interfere by their presence with the operations of the fire-brigade.

Damages done 363. Any damage occassioned by the fire-brigade in the due execution of
by fire brigade
to be deemed their duties, or by any police or municipal officer or servant who aid the fire
damaged by brigade, shall be deemed to be damaged by fire within the meaning of any
fire.
policy of insurance against fire.

1
Section 361 was re-numbered as sub-section (1) of that section and sub-section (2) was added to that
section by Bom. 9 of 1945, s. 2, read with Bom. 8 of 1948, s. 2.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 309

364. A report of every fire which occurs in the city shall be submitted by the chief or Reports of
fires to be
other officer-in-charge of the Fire-brigade, not later than the day, following the fire, to submitted.
the Commissioner, who shall make such further inquiry, if any, as he may deem
necessary and shall furnish a weekly return of all fires which occur in the city to the l
[Standing Committee].

CHAPTER XV
SANITARY PROVISIONS.
Scavenging and Cleansing.
365. For the purpose of securing the efficient scavenging and cleansing of all streets Commissioner
to provide for
and premises, the Commissioner shall take measures for securing— cleansing of
streets and
(a) the daily surface-cleansing of all streets in 2[Brihan Mumbai] and the removal removal of
of the sweeping therefrom ; refuse.

(b) the removal of the contents of all receptacles and depots and of the accumulations
at all places provided or appointed by him under section 367 or 368 for the temporary
deposit of any of the matters specified in the said sections.
366. All matters collected by municipal servants or contractors in pursuance of the Refuse, etc.
to be the
last preceding section and of section 369 3[and carcasses of dead animals deposited in any property of the
public receptacle, depot or place under section 367] shall be the property of the Corporation. corporation.

367. 4* * The Commissioner shall provide or appoint in proper and convenient Provision and
appointment of
situations public receptacles, depots and places for the temporary deposit or final disposal receptacles,
of— depots and
places for
refuse, etc.
(a) dust, ashes, refuse and rubbish;
5
[(b) trade refuse; ]
6
[(c)] carcasses of dead animals and excrementitious and polluted matter :
4
* * Provided that—
[(i)] the said matter shall not be finally disposed of in any place or manner in
7

which the same have not heretofore been so disposed of without the sanction of the
corporation or in any place or manner which 8[the 9 [State] Government] think fit
to disallow;
[(ii)] any power conferred by this section shall be exercised in such manner as to
7

create the least practicable nuisance.

[368. (1) It shall be incumbent on the owners and occupiers of all premises to cause
10
Duty of
all dust, ashes, refuse, rubbish and trade refuse to be collected from their respective owners and
occupiers to
premises and to be deposited at such times as the Commissioner, by public notice, from collect and
deposit dust,
time to time prescribes in the public receptacle, depot or place provided or appointed etc.
under the last preceding section for the temporary deposit or final disposal thereof.

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 152.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
3
These words and figures were inserted by Mah. 14 of 1961, s. 5.
4
The figures (1) and (2) were omitted by Bom. 1 of 1925, s. 20(1).
5
This new clause (b) was inserted by Bom. 1 of 1925, s. 20(2).
6
Old clause (b) was re-lettered as (c) by Bom. 1 of 1925, s. 20(3).
7
The old clause (c) and (d) were re-lettered as (i) and (ii) by Bom. 1 of 1925, s. 20(4),
8
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
9
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
10
Section 368 was substituted for the original section by Bom. 1 of 1925, s. 21.
 H 4094 (301-332)—L–1
310 Mumbai Municipal Corporation Act [1888 : Bom. III
1
(2) [The Commissioner] may, if he thinks fit, by written notice require the
occupier and owner or either of them of any premises, to cause all dust, ashes,
refuse and rubbish, but not trade refuse to be collected daily, or otherwise
periodically, from the said premises and deposited temporarily upon any
place forming the part of the said premises which the Commissioner appoints
in this behalf, and it shall be incumbent on the said occupier and owner or
either of them to cause the said matters to be collected and deposited
accordingly.
(3)It shall be incumbent on the owners of all premises to provide receptacles
of a size to be prescribed by the Commissioner for the collection therein of all
dust, ashes, refuse, rubbish and trade refuse to be collected from such
premises. Such receptacles shall at all times be kept in good repair and
condition and shall be provided in such number and place and retained in such
positions as the Commissioner may, from time to time, by written notice
direct.
(4)It shall also be incumbent on the owners and occupiers or either of them
of all premises when required by the Commissioner by written notice so to
do, to employ servants for the purpose of carrying out and complying with
the requirements of sub- sections (1) and (2) of this section.
2
[(5) Notwithstanding anything contained in this section, it shall be
incumbent on the owner or occupier of every trade premises to seek the
Commissioner’s permission to deposit trade refuse collected daily or
periodically from the premises, temporarily upon any place appointed by the
Commissioner in this behalf. When such permission is granted by the
Commissioner, the applicant shall be allowed to deposit the trade refuse
accordingly on payment of such charges as the Commissioner may, from time
to time, fix for temporarily depositing trade refuse upon the place appointed
under sub-section (2)
and also such charges as the Commissioner may, from time to time, fix for
transporting and depositing the said trade refuse to the place provided or
appointed under section 367 for the final disposal of such trade refuse :
Provided that, the owner or occupier of any trade premises shall not deposit
trade refuse at any place other than, the places appointed by the
Commissioner under sub-section (2) of this section or provided or appointed
by him under section 367, as the case may be.]
Provision may 369. When the Commissioner has given public notice, under clause (a) of
be made by section 142, of his intention to provide, in a certain portion of 3[Brihan
Commissioner
for collection, Mumbai], for the collection, removal and disposal, by municipal agency, of all
etc. of excre- excrementitious and polluted matter from privies, urinals and cesspools, it
mentitious and
polluted shall be lawful for the Commissioner to take measures for the daily collection,
matter. removal and disposal of such matter from all premises situated in the said
portion of 3[Brihan Mumbai].

Collection and 370. It shall be incumbent on the occupier of any premises situate in any
removal of portion of the city for which the Commissioner has not given a public notice
excrementi-
tious and under clause (a) of section 142 and in which there is not a water-closet or privy
polluted matter connected with a municipal drain, to cause all excrementitious and polluted
when to be
provided for by matter accumulating upon his premises to be collected and to be conveyed to
occupiers. the nearest receptacle or depot provided for this purpose under clause (b) of
section 367, at such times, in such vehicle or vessle, by such route and with
such precautions, as the Commissioner by public notice from time to time
prescribes.

1
These words were substituted for the words “ Provided that the Commissioner ” by Mah. 10 of 1998,
s. 182 (1).
2
Sub-section (5) was substituted by Mah. 10 of 1998, s. 182(2).
3
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 311
1
371. In any portion of [Brihan Mumbai] in which the Commissioner has Halalkhor’s
duties in
given a public notice under clause (a) of section 142, and in any premises, certain cases
wherever situate in which there is a water-closet or privy connected with a may not be
municipal drain, it shall not be lawful, except with the written permission of discharged by
private
the Commissioner, for any person who is not employed by or on behalf of the individuals
Commissioner, to discharge any of the duties of halalkhors. without the
Commissioner’s
permission.

372. No person,—
(a) who is bound, under section 368 or section 370, to cause the removal Prohibition
of failure to
of dust, ashes, refuse, 2[rubbish and trade refuse] or of excrementitious or remove refuse,
polluted matter, shall allow the same to accumulate on his premises for etc. when
bound to do so.
more than twenty-four hours or neglect to cause the same to be removed to
the depot, receptacle or place provided or appointed for the purpose;
(b) shall remove any dust, ashes, refuse 2[rubbish or trade refuse] or any Removal of
refuse, etc.
excrementitious or polluted matter, otherwise than in conformity with the contrary to
requirements of any public or written notice at the time being in force under orders or
section 368, or use for the removal of any excrementitious or polluted without proper
precautions.
matters any vehicles or vessel not having a covering proper for preventing
the escape of any portion of the contents thereof or of the stench therefrom;
(c) shall, whilst engaged in the removal of any dust, ashes, refuse 2[rubbish Failure to clear
away any
or trade refuse] or of any excrementitious or polluted matters fail forthwith refuse, etc.,
throughly to sweep and cleanse the spot in any street upon which, during which drops
removal, any portion thereof may fall and entirely to remove these during
removal.
sweepings ;
(d) shall place or set down in any street any vehicle or vessel for the Leaving
filthcarts etc.,
removal of excrementitious or polluted matter, or suffer the same to remain unnecessarily
in any street for any greater length of time than is reasonably necessary; in the streets.

(e) shall throw or place any dust, ashes, refuse, 2[rubbish or trade refuse] Throwing or
placing refuse
or any excrementitious or polluted matter, on any street, or in any place etc., in any
not provided or appointed for this purpose under section 367 or 368 ; place not
assigned for
the purpose.

(f) who is the owner or occupier of any building or land, shall allow any Allowing filthy
matter to flow
filthy matter to flow, soak or be thrown therefrom, or keep or suffer to be or soak from
kept therein or thereupon, anything so as to be a nuisance to any person, any premises
and keeping
or negligently suffer any privy-receptacle or other receptacle or place for any thing
the deposit of filthy matter or rubbish on his premises to be in such a state thereupon so
as to be offensive or injurious to health; as to create a
nuisance.

3
[(g) shall deposit the skin or otherwise dispose of the carcass of any dead
animal at a place not provided or appointed for this purpose under section
367.]

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
2
These words were substituted for the words “ and rubbish ” by Bom. 1 of 1925, s. 22.
3
Clause (g) was added by Mah. 14 of 1961, s. 6.

H 4094—44
 H 4094 (301-332)—L–1
312 Mumbai Municipal Corporation Act [1888 : Bom. III
1
Presumptions 373. If it shall in any case be shown that dust, ashes, refuse [ rubbish or
as to offender
under clause trade refuse ] or any excrementitious or polluted matter, has or have been
(e) of section thrown or placed on any street or place, in contravention of clause (e) of the
372. last preceding section, from some building or land, it shall be presumed, until
the contrary proved, that the said offence has been committed by the occupier
of the said building or land.
Inspection and Sanitary Regulation of Premises.
Power to 374. The Commissioner may inspect any building or other premises for the
inspect
premises for purpose of ascertaining the sanitary condition thereof.
sanitary
purposes.

Cleansing and 375. If it shall appear to the Commissioner necessary for sanitary reasons
lime-washing
of any building so to do, he may, by written notice, require the owner or occupier of any
may be building so inspected, to cause the same or some portion thereof to be lime-
required. washed or otherwise cleansed, either externally or internally, or both
externally and internally.

2
Removal of [ 375A. If it shall appear to the Commissioner that any tiles, stones,
building
materials from rafters, building materials or debris of building materials are stored or
any premises collected in or upon any premises without the written permission of the
may be
required.
Commissioner in such quantity or bulk in such way as to constitute a
harbourage or breeding place for rats or other vermin or otherwise a source
of danger or nuisance to the occupiers of the said premises or to persons
residing in the neighbourhood thereof, the Commissioner may by written
notice require the owner of such premises, or the owner of the materials or
debris so stored or collected therein, to remove or dispose of the same or to
take such order with the same as shall in the opinion of the Commissioner be
necessary or expedient to abate the nuisance or prevent a recurrence thereof.]
Abandoned or
unoccupied
376. If any premises, by reason of their being abandoned or unoccupied,
premises. become a resort of disorderly persons or, in the opinion of the Commissioner,
a nuisance, the Commissioner, after such inquiry as he deems necessary, may
give written notice to the owner of such premises, if he be known and resident
within 3[Brihan Mumbai] or to any person who is known or believed to claim
to be the owner, if such person is resident within 3[Brihan Mumbai] and shall
also affix a copy of the said notice on some conspicuous part of the said
premises, requiring all persons having any right of property or interest therein
to take such order with the said premises as shall in the opinion of the
Commissioner be necessary to prevent the same from being resorted to as
aforesaid or from continuing to be a nuisance.
Neglected 377. (1) If it shall appear to the Commissioner that any premises are over-
premises.
grown with rank and noisome vegetation or are otherwise in an unwholesome
or filthy condition or, by reason of their not being properly enclosed, are
resorted to by the public for purposes of nature, or are otherwise a nuisance
to the neighbouring inhabitants, the Commissioner may, by written notice,
require the owner or occupier of such premises to cleanse, clear or enclose
the same, or with the approval of the 4[ Standing Committee ], may require
him to take such other order with the same as the Commissioner thinks
necessary.

1
These words were substituted for the words “ or rubbish ” by Bom. 1 of 1925, s. 23.
2
Section 375A was inserted by Bom. 1 of 1916, s. 8.
3
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
4
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 153(a).
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 313
1
[(1-A) If it shall appear to the Commissioner that any private street Neglected
private streets.
is overgrown with rank and noisome vegetation or is otherwise in an
unwholesome or filthy condition, the Commissioner may by written notice
require the owners of the several premises fronting or adjoining the said street
or abutting thereon to cleanse or clear the same, or with the approval of the
2
[ Standing Committee ] require them to take such other order with the same
as the Commissioner may think necessary :
Provided that nothing herein contained shall affect the provision of
section 365.]
(2) Provided that in so far as the unwholesome or filthy condition of such
premises 3[ or such street] or such nuisance as abovementioned is caused by
the discharge from or by any defect in the municipal drains or appliances
connected therewith, it shall be incumbent on the Commissioner to cleanse
such premises 3[or such street.]
[377A. (1) If it shall appear to the Commissioner that any building or any
4 Nuisance
part of a building is in such a state as to constitute a nuisance, or to be likely arising from
defective roof.
to give rise to one, by reason of rain-water leaking from its roof or any part of
its roof the Commissioner may give a notice in writing to the owner of such
building requiring him to abate the nuisance or to prevent its recurrence
within the time and by taking the measures and doing the acts to be specified
in the notice.
(2) If at any time thereafter the Commissioner is of opinion that such
a nuisance may recur he may, notwithstanding that the original nuisance
may have been abated by the owner of the building under sub-section (1)
give a further notice in writing to the said owner requiring him to abate
the probable recurrence of the nuisance within the time and in the manner
specified in the notice.
(3) If the owner of the building by whose act, default or sufference such
nuisance has arisen or continues is unknown or cannot be found, the
Commissioner may take such measures or cause such work to be executed
or such things to be done as shall in his opinion necessary to abate such
nuisance and to prevent its recurrence.
[(4) Where the owner of a building fails to comply with any notice requiring
5

him to abate the nuisance or prevent its recurrence or probable recurrence

under sub-section (1) or sub-section (2), the occupier or occupiers interested
may instead of resorting to section 499, seek the approval of the Commissioner
under this section, to execute the required work. For this purpose, the occupiers
shall submit an application to the Commissioner together with the plans and
estimates of the work and pay to the Corporation a sum equal to five per cent
of the estimated cost, as fees for scrutiny and supervision of the work, which
shall not be refundable, unless the approval is not granted. On receipt of such
application and payment of such fees, the Commissioner may after making such
inquiry as he deems fit grant the approval on such conditions as he thinks fit.
The occupiers shall then be entitled to execute the work. After completion of
the work, the occupiers shall submit to the Commissioner the accounts together
with the vouchers maintained by them, for certifying reasonable expenses
incurred by them for executing the work. After examining the work executed
and the accounts submitted, the Commissioner shall issue a certificate to the
occupiers specifying the amount of reasonable expenses incurred by the
occupiers in executing the work, and the apportionment of the same. Such
amount shall include the fees paid to the Corporation for scrutiny and
supervision of the works. The Commissioner shall send a copy of his certificate
to the owner. The occupier shall then be entitled to recover the amount so
certified from the owner and may deduct the same from the rent which from
time to time becomes due by them to the owner :
1
Sub-section (1-A) was added by Bom. 1 of 1916, s. 9(a).
2
These words were substituted for the words “ Member-in-Charge ” by Mah. 27 of 1999, s. 153(b).
3
These words were inserted by Bom. 1 of 1916, s. 9(b).
4
This new section 377A was added by Bom. 1 of 1925, s. 24.
5
Sub-sections (4) and (5) were added by Mah. 35 of 1971, s. 2.
H 4094—44a
 H 4094 (301-332)—L–1
314 Mumbai Municipal Corporation Act [1888 : Bom. III

Provided that, where such work is jointly executed by the occupiers the
amount to be recovered or deducted by each occupier shall bear the same
proportion as the rent payable by him in respect of his premises bears to the
amount so certified.
(5) Where the amount specified in any certificate issued by the
Commissioner under sub-section (4) does not exceed the amount of the rent
payable by all the occupiers in the building for a period of three months, the
amount so certified and the apportionment of the same shall for all purposes
be final and binding on the owner and the occupiers. In any other case, in
case of dispute, the amount or the apportionment of the same, shall be
determined in accordance with the provisions of section 504].
Building or 1
[378. (1) If, for any reason, it shall appear to the Commissioner that any
rooms in
buildings unfit building or any room in a building intended for or used as a dwelling is unfit
for human for human habitation, he shall give to the owner or occupier of such building
habitation. notice in writing stating such reason and signifying his intention to prohibit
the further use of the building or room, as the case may be, as a dwelling and
shall by such notice call upon the owner or occupier aforesaid to state in
writing any objection thereto within thirty days after the receipt of such
notice, and if no objection is raised by such owner or occupier within such
period as aforesaid, or if any objection which is raised by such owner or
occupier within such period appears to the Commissioner invalid or
insufficient, he may, with the previous approval of the 2[Standing Committee],
by an order in writing, prohibit the further use of such building or room as a
dwelling :
Provided that, before such approval is given, the owner or occupier
aforesaid shall have the right of appearing before the 2[Standing Committee]
in person or by agent and of showing cause why such approval should not be
given.
(2) When any such prohibition as aforesaid has been made, the
Commissioner shall cause notice of such prohibition to be affixed to, and the
letters “ U.H.H.” to be painted on the door or some conspicuous part of such
building or room, as the case may be, and no owner or occupier of such building
or room shall use or suffer the same to be used for human habitation until
the Commissioner certifies in writing that the building or room, as the case
may be, has been rendered fit for human habitation.
3
[ (3) Where the Commissioner has prohibited the further use of a building
or room as a dwelling, the owner or owners of such building or room shall, so
far as may be necessary to prevent nuisance, keep the building or the room
or rooms clean and wholesome.] ]
Power to 4
[ 378A. (1) If it shall appear to the Commissioner that any building
require repair
of insanitary intended for, or used as, a dwelling is in any respect unfit for human habitation
buildings. and does not conform with the regulations framed under section 378D, the
Commissioner may, by written notice, require the owner of the building,
within such reasonable time (not being less than twenty- one days) as may be
specified in the notice, to execute such works or carry out such alterations
as would render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner of
the building the Commissioner may serve a copy of the notice on any other
person having interest in the building, whether as owner of the land,
mortgagee, lessee, or otherwise.

1
Section 378 was substituted by Bom. 6 of 1916, s. 6.
2
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 154.
3
Sub-section (3) was inserted by Bom. 34 of 1954, s. 24.
4
Sections 378A to 378I were inserted by Bom. 34 of 1954, s. 25.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 315

378B. (1) If it shall appear to the Commissioner that any building Power to order
demolition of
intended for, or used as, a dwelling is unfit for human habitation and is not insanitary
capable at a reasonable expense of being rendered so fit, he shall serve upon buildings.
the occupier of the building and the owner or of owners thereof, and, so far
as it is reasonably practicable to ascertain such persons, upon every mortgagee
thereof, notice of the time (being some time not less than twenty-one days
after the service of the notice) and place at which the condition of the building
and any offer with respect to the carrying out of works, or the future use of
the building, which he may wish to submit, will be considered by 1[the Standing
Committee], and every person upon whom such a notice is served shall be
entitled to be heard either in person or by agent when the matter is so taken
on to consideration.
(2) A person upon whom notice is served under the foregoing sub-section
shall, if he intends to submit an offer with respect to the carrying out of works,
within twenty-one days from the date of the service of the notice upon him,
serve upon the Commissioner notice in writing of his intention to make such
an offer and shall within such reasonable period as the Commissioner may
allow, submit to him a list of the works which he offers to carry out.
(3) The Commissioner may, with the previous approval of the 1[the Standing
Committee], accept from any owner or mortgagee, an undertaking in writing
either that he will within a specified period carry out such works as will in
the opinion of the Commssioner render the building fit for human habitation,
or that it shall not be used for human habitation until the Commissioner, on
being satisfied that it has been rendered fit for that purpose and with the
previous approval of the 1[Standing Committee], cancels the undertaking.
(4) If no such undertaking as is mentioned in the last foregoing sub-section
is accepted by the Commissioner, or if, in a case where the Commissioner has
accepted such an undertaking any work to which the undertaking relates is
not carried out within the specified period, or the building is at any time used
in contravention of the terms of 1the undertaking, the Commissioner shall,
with the previous approval of the [ the Standing Committee ], forthwith make
a demolition order requiring that the building shall be vacant within a period
to be specified in the order, not being less than twenty-eight days from the
date on which the order becomes operative, and that it shall be demolished
within six weeks after the expiration of that period, or if the building is not
vacated before the expiration of that period, within six weeks after the date
on which it is vacated, or in either case within such longer period as in the
circumstances the Commissioner deems it reasonable to specify, and shall
serve a copy of the order upon every person upon whom the Commissioner
would be required by sub-section (1) of this section to serve a notice issued
by him under that sub-section.
(5) In determining for the purpose of this section whether a building can
be rendered fit for human habitation at a resonable expense, regard shall be
had to the estimated cost of the work necessary to render it so fit and the
value which it is estimated that the building will have when the works are
completed.
378C. (1) When a demolition order under section 378B has become Procedure
where
operative, the owner or owners of the building to which it applies shall demolition
demolish the building within the time limited in that behalf by the order ; order made.
and if the building is not demolished within that time, the Commissioner shall
cause the building to be vacated if necessary in the manner provided in section
488A, and shall take measures to demolish the building and sell the materials
thereof.

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 155.
 H 4094 (301-332)—L–1
316 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) Any expenses incurred by the Commissioner under the foregoing sub-
section, after giving credit for the amount realised by sale of the materials,
shall be payable by the owner or owners of the building, and any surplus in
the hands of the Commissioner after payment of such expenses shall be paid
by the Commissioner to the owner of the building, or if there is more than
one owner, shall be paid in accordance with the agreement between them. In
default of agreement between such owners, the Commissioner shall deposit
the surplus amount in the Small Causes Court and the Chief Judge of the said
Court shall decide in what proportion such amount should be paid to such
owners. The decision of the Chief Judge shall be final.
Regulations to 378D. For the purposes of this Act, the Corporation may, from time to
determine the time, frame regulations not inconsistent with this Act for determining the
fitness of a
building. standards of fitness of buildings for human habitation ; provided that, where
in pursuance of a notice under sub- section (1) of section 378-A any building
has been rendered fit for human habitation by the execution of works and
alterations to the satis-faction of the Commissioner, such building during a
period of ten years from the date of completion of such works and alterations
shall not be deemed to be unfit for human habitation by reason only of not
conforming with any regulations made subsequently to such date affecting
the structure of such building.
Power to order
demolition of
378E. (1) The Commissioner may serve upon the owner or owners of a
obstructive building which appears to him to be an obstructive building notice of the time
building. (being some time not less than twenty-one days after the service of the notice)
and place at which the question of ordering the building to be demolished
will be considered by l[ the Standing Committee ], and the owner or owners
shall be entitled to be heard either in person or by agent when the matter is
so taken into consideration.
(2) If, after so taking the matter into consideration, 1[ the Standing
Committee ] resolve that the building is an obstructive building and that the
building or any part thereof ought to be demolished, the Commissioner may
make a demolition order requiring that the building or that part thereof shall
be demolished, and that the building, or such part thereof as is required to
be vacated for the purposes of the demolition, shall be vacated within two
months from the date on which the order becomes operative, and if he does
so, shall serve a copy of the order upon the owner or owners of the building.
(3) In this section the expression “ obstructive building ” means a building
which, although not in itself unfit for human habitation, is so situated that by
reason of its proximity to or contact with any other buildings it—
(a) stops or impedes ventilation or otherwise makes or conduces to
make such other buildings to be in condition unfit for human habitation or
dangerous or injurious to health, or
(b) prevents proper measures from being carried into effect for
remedying any nuisance injurious to health or other evils complained of in
respect of such other buildings.
Effect of order 378F. (1) If, before the expiration of the period within which a building
for demolition in respect of which an order is made under section 378E is thereby required
of obstructive
building. to be vacated, any owner or owners or other person or persons whose estate
or interest, or whose combined estates or interests in the building and the
site thereof is or are such that the acquisition thereof by the Corporation
would enable the Commissioner to carry out the demolition provided for by
the order, make to the Commissioner an offer for the sale of that interest, or
of those interests, to the Corporation at a price equal to the compensation to
be assessed as provided in sub-section (6) the Commissioner shall, upon
obtaining the requisite sanction under section 90, accept the offer and shall,
as soon as possible after obtaining possession, carry out the demolition.

1
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 156.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 317

(2) Upon payment of the price mentioned in sub-section (1) the said
building and the site thereof to the extent of the interests acquired shall vest
in the Corporation.
(3) If no such offer as is mentioned in sub-section (1) is made before the
expiration of the said period, the owner or owners of the building shall carry
out the demolition provided for by the order before the expiration of six weeks
from the last day of that period, or, if the building, or such part thereof as is
required to be vacated, is not vacated until after that day, before the expiration
of six weeks from the day on which it is vacated or, in either case, before the
expiration of such longer period as in the circumstances the Commissioner
deems reasonable, and if the demolition is not so carried out the
Commissioner shall cause the building or part thereof to be vacated, if
necessary, in the manner provided in section 488-A and take measures to carry
out the demolition and sell the materials rendered available thereby.
(4) When any obstructive building or any part thereof is demolished either
by the owner or owners or by the Commissioner as provided for in sub-section
(3), the Commissioner may at once take possession on behalf of the
Corporation of the land occupied by, and appurtenant to, the said buildings
or part thereof, and shall pay compensation as provided for in sub-section (6).
(5) The provisions of sub-section (2) of section 378-C shall apply in relation
to any expenses incurred by the Commissioner under sub-section (3) and to
any surplus remaining in the hands of the Commissioner as they apply in
relation to any expenses or surplus in a case where a building is demolished
in pursuance of a demolition order made under section 378-B.
(6) The compensation payable by the Commissioner for the building and
the site thereof upon any sale effected under sub-section ( 1) and the
compensation payable by the Commissioner under sub-section (4) shall be the
market value of the land and building demolished, at the date of the demolition
order made under sub-section (2) of section 378-E.
378G. (1) When a demolition order in respect of an obstructive building Compensation
for acquiring
or any part thereof has been made under section 378-E, the Commissioner obstructive
may specify and declare to 1[ the Standing Committee ] the properties of which building
the building or part of a building intended to be demolished is in his opinion recoverable in
certain cases
obstructive, and shall serve a notice to that effect upon the owner or owners as improve-
of each of such specified properties. ment
expenses.

(2) For the purpose of enquiry under this section the Commissioner shall
have the like powers as are conferred on him by section 155, and every person
required to make or deliver a statement under this sub-section shall be
deemed to be legally bound to do so within the meaning of section 175 and
XLV of 176 of the Indian Penal Code.
1860.
(3) The Commissioner may declare the sum apportioned to each property
under this section in respect of its increase in value to be improvement
expenses incurred for the benefit of such property and the same shall
thereupon be a charge upon such property and shall be recoverable in the same
manner as expenses declared to be improvement expenses under section 494.

1
These words were substituted for the words “ the Mayor-in Council ” by Mah. 27 of 1999, s. 157.
 H 4094 (301-332)—L–1
318 Mumbai Municipal Corporation Act [1888 : Bom. III

Appeal against
demolition
378H. (1) Any person aggrieved by a demolition order made under
orders. section 378-B or section 378-E may, within twenty-one days after the date of
the service of the order, appeal to the Chief Judge of the Small Causes Court
(hereinafter in this section referred to as the Chief Judge), and no proceedings
shall be taken by the Commissioner to enforce any order in relation to which
an appeal is brought before the appeal is finally determined :
Provided that no appeal shall lie at the instance of a person who is in
occupation of the premises to which the order relates under a lease or
agreement of which the expired term does not exceed three years.
(2) On such an appeal under this section the Chief Judge may make such
order either confirming or quashing or varying the demolition order as he
thinks fit, and he may, if he thinks fit, accept from an appellant any such
undertaking as might have been accepted by the Commissioner, and any
undertaking so accepted by the Chief Judge shall have the like effect as if it
had been given to and accepted by the Commissioner under section 378-B :
Provided that the Chief Judge shall not accept from an appellant upon
whom such a notice as is mentioned in sub-section (1) of section 378-B was
served an undertaking to carry out any works unless the appellant complied
with the requirements of sub-section (2) of that section.
(3) An appeal shall lie to the High Court from a decision of the Chief Judge
under this section when the rateable value, entered in the Commissioner’s
assessment book in accordance with the provisions of this Act, of the premises
to which the demolition order appealed against wholly or partially relates,
exceeds Rs. 3,000.
(4) The provisions of the Code of Civil Procedure, 1908 with respect to V of
original decrees shall, so far as they can be made applicable, apply to appeals 1908.
under sub-section (3), and orders passed therein by the High Court may, on
application to the Chief Judge, be executed as if they were decrees passed
by himself.
(5) A decision passed by the Chief Judge under this section shall, if an
appeal does not lie therefrom under sub-section (3), be final.
(6) An appeal to the High Court under sub-section (3), shall for the
purposes of the second division of First Schedule to 1[ the Limitation Act, 36 of
1963 ], be deemed to be an appeal under the Code of Civil Procedure, 1908, 1963.
V of
to the Court of a District Judge. 1908.

(7) Any order against which an appeal might be brought under this section
shall, if no such appeal is brought, become operative on the expiration of the
period of twenty-one days mentioned in sub-section (1) and shall be final and
conclusive as to any matters which could have been raised on such an appeal,
and any such order against which an appeal is brought shall, if and so far as
it is confirmed by the Chief Judge, or the High Court, become operative as
from the date of the final determination of the appeal.
(8) For the purposes of this section, the withdrawal of an appeal shall be
deemed to be final determination thereof, having the like effect as a decision
confirming the order appealed against and, subject as aforesaid, an appeal
shall be deemed to be finally determined on the date when the decision of
the High Court is given, or in a case where no appeal is brought to the High
Court, upon the expiration of the period within which such an appeal might
have been brought, or in a case where no appeal lies to the High Court, on
the date when the decision of the Chief Judge is given.

1
These words were substituted for the words “ the Indian Limitation Act, 1908 ” by Mah. 10 of 1998,
s. 188.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 319

378I. Notwithstanding anything contained in this Act, it shall not be Prohibition of

back-to- back
lawful to erect any back-to-back buildings intended to be used as dwellings buildings.
for the poorer classes, and any such building shall, for the purposes of this
Act, be deemed to be unfit for human habitation:
Provided that nothing in this section shall prevent the erection or use of a
building containing several tenements in which tenements are placed back-
to-back, if in the opinion of the Commissioner the several tenements are so
constructed and arranged as to secure effective ventilation of all habitable
rooms in every tenement.]
1
[379. (1) The owner of a building shall,within a period of seven days after Power of
Commissioner
receipt of a written notice from the Commissioner, sign and give a certificate to call for
of the following particulars with respect to such building or any part thereof,— statement of
accommoda-
(a) the total number of rooms in the buildings, tion.

(b) the length, breadth and height of each room, and

(c) the name of the person to whom he has let the building or each part
of the building occupied as a separate tenement.
(2) The occupier of a building or of any part of a building occupied as a
separate tenement shall, on like notice and within the like period, sign and
give a certificate of the following particulars with respect to such building or
part of such building as aforesaid which is in his occupation:—
(a) the total number of person dwelling in the building or any part of it,
(b) the manner of use of each room by day and by night, and
(c) the number, sex and age of the occupants of each room used for
sleeping.]
[379A. (1) Where it appears to the Commissioner, whether from any
2 Over-crowded
certificate furnished under section 379 or otherwise, that any building or any dwellings.
room or rooms therein used for human habitation is overcrowded, he may
apply to a 3 [4 [Metropolitan Magistrate] specially empowered by the State
Government] to prevent such overcrowding; and the said Magistrate, after
such inquiry as he thinks fit to make, may prescribe the maximum number of
persons to be accommodated in each room and may, by written order, require
the owner of the building, within a reasonable time not exceeding ten days to
be prescribed in the said order, to abate the overcrowding thereof, by reducing
the number of lodgers, tenants, or other inmates of the said building or room
or rooms, in accordance with the maximum so prescribed and to the
satisfaction of the Commissioner, or may pass such other order as he may
deem just and proper.
(2) Where the owner of the said building has sub-let the same, the landlord
of the lodgers, tenants or other actual inmates of the same shall, for the
purposes of this section, be deemed to be the owner of the said building.
(3) Every tenant, lodger, or other inmates of the said building shall vacate
on being required by the owner so to do in pursuance of any order under sub-
section (1).
(4) A room used exclusively as a dwelling shall be deemed to be overcrowded
within the meaning of this section when the number of adult inmates is such
that the amount of floor space available for each adult inmates is less than
twenty-five superficial feet and for each person, under the age of ten years
less than twelve and one half superficial feet, or when the air space for each
adult inmate is less than two hundred and fifty cubic feet, two children under
ten years of age counting as one adult.
1
Section 379 was substituted for the original section by Bom. 5 of 1905, s. 55.
2
Section 379A was inserted by Bom. 5 of 1905, s. 55.
3
These words were substituted for the words “ Presidency Magistrate ” by Bom. 8 of 1954, s. 2,
Schedule—Part III.
4
These words were substituted for the words “ Presidency Magistrate ” by Mah. 21 of 1989, s. 43.
H 4094—45
 H 4094 (301-332)—L–1
320 Mumbai Municipal Corporation Act [1888 : Bom. III

(5) A room not exclusively used as a dwelling shall be deemed to be

overcrowded within the meaning of this section when the number of adult
inmates is such that the amount of floor space available for each adult inmate
is less than thirty superficial feet, and for each person under the age of ten
years less than fifteen superficial feet, or when the air space for each adult
inmate is less that three hundred cubic feet, two children under ten years of
age counting as one adult.]
Insanitary huts 380. If the Commissioner is of opinion that any hut or shed, used either
and sheds. as a dwelling or as a stable or for any other purpose, is likely by reason of its
being build without a plinth or upon a plinth of insufficient height or without
proper means of drainage, or on account of the impracticability of scavenging
or owning to the manner in which it and other huts or sheds are crowded
together, to cause risk of disease to the inmates thereof or to the inhabitants
of the neighbourhood, or is for any reason likely to endanger the public health
or safety; he may, by written notice, which shall be affixed to some
conspicuous part of such hut or shed, require the owner or occupier thereof,
or the owner of the land on which such hut or shed stands, to remove or alter
such hut or shed or to take such order for the improvement thereof as the
Commissioner shall deem necessary.
1 2
[ 381. [(1) (i) For the purposes of this section, a nuisance shall include—
Filling in of
pools, etc.
(a) any pool, ditch, tank, well, pond, quarryhole, drain, watercourse or
which are a any collection of water ; or
nuisance.
(b) any cistern or other receptacle for water or any article or thing
capable of collecting rain water during the monsoon season whether within
or outside a building; or
(c) any land on which water accumulates or is likely to accumulate ; or
(d) any premises or any part of any premises occupied, or unoccupied,
or under construction, reconstruction or demolition; which in the opinion
of the Commissioner is, or is likely to become a breeding place of mosquitoes
or which is, in any other respect, a nuisance as defined in clause (z) of
section 3.
(ii) The Commissioner may, by notice in writing, require the person by
whose act, default or sufference, a nuisance arises, exists or continues, or is
likely to arise, and the owner, lessee and occupier of the land, building or
premises on which the nuisance arises, exists or continues or is likely to arise
or any one or more of such person, owner, lessee and occupier, to remove,
discontinue or abate the nuisance by taking such measures and by excecuting
such work in such manner and within such period of time as the
Commissioner shall prescribe in such notice.
(iii) The Commissioner may also by any notice under clause (ii) or by
another notice, served on such person, owner, lessee and occupier, or on any
one or more of them, require them, or any one or more of them, to take all
steps requisite or necessary to prevent a recurrence of the nuisance and may,
if he thinks it desirable, specify any work to be executed or measures to be
carried out for that purpose, and may serve any such further notice
notwithstanding that the nuisance may have been abated or removed if he
considers that it is likely to recur :
Provided that if at any time within four months from the date of the service
of any such notice, the nuisance recurs through the failure of the person or
persons upon whom such notice has been served to comply with the
requirement contained in such notice, such person or persons shall be liable
without any further notice to the penalties provided in this Act for offences
under this section.

1
This section was substituted for the original section by Bom. 6 of 1913, s. 4.
2
New sub-section (1) was substituted for the original sub-section (1) by Bom. 10 of 1928, s. 14 (a).
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 321

(iv) Where the nuisance arises or exists or is likely to arise or recur in

connection with the construction, reconstruction or demolition of any
premises, or any part of any premises, the Commissioner may in addition to
serving any notice on any one or more of the persons mentioned in clause (ii)
serve any such notice on any architect, contractor or other person employed
to carry out such work of construction, reconstruction, or demolition and also
on any sub-contractor employed by such contractor or other person, or any
one or more of such contractor, person and sub-contractor.]
1
(2) If [ any person who, by a requisition made under sub-section (1), is
required] to fill up, cover over or drain off a well, delivers to the
Commissioner, within the time prescribed for compliance therewith, written
objections to such requisition, the Commissioner shall report such objections
to the 2[Standing Committee] and shall make further inquiry into the case,
and he shall not institute any prosecution under section 517 for failure to
comply with such requisition except with approval of the 3[the Standing
Committee], but the Commisioner may nevertheless, if he deems the
execution of the work called for by such requisition to be of urgent importance,
proceed in accordance with section 489 and, pending 3[the Standing
Committee] disposal of the question whether the said well shall be
permanently filled up, covered over or otherwise dealt with, may cause such
well to be securely covered over, so as to prevent the ingress of mosquitoes,
and in every such case the Commissioner shall determine, with the approval
of 4[ the Standing Committee], whether the expenses of any work already done
as aforesaid shall be paid by such 5 [person], or by the Commissioner out of
the municipal funds or shall be shared, and, if so, in what proportions.]
[381A. (1) No new well, tank, pond, cistern or fountain shall be dug or
6 Permission for
constructed without the previous permission in writing of the Commissioner. new well, etc.

(2) If any such work is begun or completed without such permission the
Commissioner may either —
(a) by written notice require the owner or other person who has done
such work to fill up or demolish such work in such manner as the
Commissioner shall prescribe, or
(b) grant written permission to retain such work, but such permission
shall not exempt such owner from proceedings for contravening the
provisions of sub-section (1).]
7
[381B. No person shall, on any land owned by him or in his possession,— Prohibition of
mosquito
(a) have, keep or maintain any collection of standing or flowing water breeding in
collection of
in which mosquitoes breed or are likely to breed, or water on any
land.
(b) cause, permit or suffer any water on such land to form a collection in
which mosquitoes breed or are likely to breed,
unless such collection has been so treated as effectively to prevent such
breeding.
Explanation I. —Throughs used for cattle and in frequent use shall not,
until the contrary is proved, be deemed to be collection of water in which
mosquitoes breed or are likely to breed.
Explanation II. —The natural presence of mosquito larvae in any standing
or flowing water shall be evidence that mosquitoes are breeding in such
water.]
1
These words, figures and brackets were substituted for the original words by Bom. 10 of 1928,
s. 14(b) (i).
2
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 158(a).
3
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 158(b).
4
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 158(b).
5
The word “ person ” was substituted for the original word “ owner ” by Bom. 10 of 1928, s. 14(b) (ii).
6
Section 381A was inserted by Bom. 6 of 1913, s. 5.
7
Section 381B was inserted by Mah. 51 of 1975, s. 16.
 H 4094 (301-332)—L–1
322 Mumbai Municipal Corporation Act [1888 : Bom. III

Dangerous
quarrying may
382. If, in the opinion of the Commissioner, the working of any quarry,
be stopped. or the removal of stone, earth or other material from any place, is dangerous
to persons residing in or having legal access to the neighbourhood thereof or
creates or is likey to create a nuisance, the Commissioner may,
l
* * * * by written notice, require the owner of the said quarry or
place to discontinue working the same or to discontinue removing stone, earth
or other material from such place, or to take such order with such quarry or
place, as he shall deem necessary for the purpose of preventing danger or of
abating the nuisance arising or likey to arise therefrom.
Removal and 383. (1) If, in opinion of the Commissioner,—
trimming of
trees, shrubs
and hedges. (a) any hedge is at any time insufficiently cut or trimed, or over-grown,
with prickly-pear or other rank vegetation; or
(b) any tree or shrub has fallen or is likely to fall, to the danger of public
safety, or over-hangs or obstructs any street to the inconvenience or danger
of passengers therein;
the Commissioner may, by written notice, require the owner or occupier of
the land on which such hedge, tree or shrub is or has been growing—
(c) to cut down such hedge to a height not exceeding four feet and to a
width not exceeding three feet, and to remove any such prickly-pear or
other rank vegetation thereform ; or
(d) to remove, cut, lop or trim such tree or shrub, as the case may be.
(2) In any case falling under clause (b), the Commissioner may, if for the
public safety it shall appear to him necessary so to do, cause any tree or shrub
to be removed, cut, lopped or trimmed, without previously giving the said
owner or occupier notice as aforesaid, and the expenses thereof shall
nevertheless, be paid by the owner or occupier.
Keeping and Destruction of Animals and Disposal of Carcasses.
Prohibition as 384. (1) No person shall—
to keeping
animals.
(a) without the written permission of the Commissioner, or otherwise
than in conformity with the terms of such permission, keep any swine in
any part of 2[Brihan Mumbai];
(b) keep any animal on his premises so as to be a nuisance or dangerous
to any person;
(c) feed any animal, or suffer or permit any animal, to be fed or to feed,
with or upon excrementitious matter, dung, stable refuse or other filthy
matter.
(2) Any swine found straying may be forthwith destroyed and the carcass
thereof disposed of as the Commissioner shall direct. No claim shall lie for
compensation for any swine so destroyed.
Stabling [384A. Where a building or any portion thereof is used or intended to be
3
animals or
storing grain in
used for human habitation and any portion of such building is used for any of
dwelling the following purposes, namely,—
houses
may be (a) for keeping any horse, cow, buffalo, bullock, goat or donkey, or
prohibited.
(b) as a godown or place for the storage, in connection with wholesale
trade of grain, seed or groceries,

1
The words “ with the approval of the Standing Committee ” were deleted by Mah. 21 of 1989, s. 44.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
3
Section 384A was inserted by Bom. 1 of 1916, s. 10.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 323

the Commissioner may, if it shall appear to him necessary for sanitary reasons
to do so, by written notice require the owner or occupier of such building to
discontinue the use of such building for any such purpose ; provided that the
Commissioner may permit such use subject to such conditions as he may think
fit to prescribe.]
[385. (1) It shall be the duty of the Commissioner to provide for the
1 Removal of
carcasses of
removal of the carcasses of all animals dying within 2[Brihan Mumbai]. dead animals.

(2) The occupier of any premises in or upon which any animals shall die or
in or upon which the carcass of any animal shall be found, and the person
having the charge of any animal which dies in the street or in any open place,
shall within three hours after the death of such animal or, if the death occurs
at night, within three hours after sunrise, report the death of such animal at
the municipal health department office of the division of the 2[Brihan Mumbai]
in which the death occurred or in which the carcass is found 3[and shall not
unless authorised by the Commissioner in this behalf, remove or permit to
be removed the carcass of any animal dying in or upon any place within
2
[Brihan Mumbai.]]
(3) For every carcass so removed by municipal agency, a fee for the removal,
or such amount as shall be fixed by the Commissioner, shall be paid by the
owner of the animal or, if the owner is not known, by the occupier of the
premises in or upon which, or by the person in whose charge, the said animal
died.]
Regulation of public bathing, washing, etc.
386. The Commissioner may from time to time set apart portions of the Places for
public bathing,
seashore, other suitable places vesting in the Corporation for use by the public etc., to be fixed
for bathing, for the washing of animals or for drying clothes, and may from by the
Commissioner.
time to time, by public notice, prohibit the use by the public of any portion of
the seashore or place not vesting in the Corporation for any of the said
purposes.
387. (1) The Commissioner may, by public notice, regulate the use by the Regulation of
use of public
public— bathing places,
etc.
(a) of any portion of the seashore or other place vesting in the
Corporation set apart by him for any purpose under the last preceding
section;
(b) of any portion of the seashore or other place not vesting in the
Corporation used, with his acquiescence, for any purpose mentioned in the
last preceding section;
(c) of any work and of the water in any work assigned and set apart under
section 270 for any particular purpose.
(2) In the case of any portion of the seashore or of any place or work
set apart, assigned or used as aforesaid for bathing, the Commissioner
may, in such notice, prescribe the times and places of bathing for persons of
each sex.

1
This section was substituted for the original section by Bom. 5 of 1920, s.4.
2
These words were substituted for the word “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
3
This portion was added by Mah. 14 of 1961, s. 7.
 H 4094 (301-332)—L–1
324 Mumbai Municipal Corporation Act [1888 : Bom. III

Prohibition of
bathing etc.,
388. Except as permitted by any order or regulation made under section
contrary to 270, 386 or 387, no person shall,—
order or
regulation. (a) bath in or near any lake, tank, reservoir, fountain, cistern, duct,
standpipe, steam or well or on any part of the seashore or other place
vesting in the corporation ;
(b) wash or cause to be washed in or near any such place or work, any
animal, clothes or other article;
(c) throw, put or cause to enter into the water in any such place or work,
any animal or other thing;
(d) cause or suffer to drain into or upon any such place or work or to be
brought thereinto or thereupon, anything, or do anything, whereby the
water shall be in any degree fouled or corrupted ;
(e) dry clothes in or upon any such place.
And no person shall,—
(f) in contravention of any prohibition made by the Commissioner under
section 386, use any portion of the seashore or any place not vesting in the
corporation for any purpose mentioned in the said section ;
(g) contravene any regulation made by the Commissioner under section
387 for the use of any such portion of the seashore or place for any such
purpose.
Prohibition of
corruption of
389. No person shall,—
water by
steeping (a) steep in any tank, reservoir, stream, well or ditch any animal, vegetable
therein animal or mineral matter likely to render the water thereof offensive or dangerous
or other
matter, etc. to health;
(b) whilst suffering from any contagious or loathsome disease, bathe in or
near any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or
well or on any part of the seashore.
Regulation of Factories, Trades, etc.
Factory, etc., 390. (1) No person shall newly establish in any premises any factory,
not to be newly workshop or workplace in which it is intended that steam, water, l [electrical]
established
without or other mechanical power shall be employed, without the previous written
permission of permission of the Commissioner, 2 [nor shall any person work, or allow to be
the Commis-
sioner. worked, any such factory, workshop or work-place without such permission].
(2) The Commissioner may refuse to give such permission if he shall be of
opinion that the establishment of such factory, workshop or work-place in
the proposed position is objectionable by reason of the density of the
population in the neighbourhood thereof, or will be a nuisance to the
inhabitants of the neighbourhood.
3
[(3) If any written permission for the establishment of a factory, workshop
or work-place granted under sub-section (1) be revoked by the Commissioner
in the exercise of his powers under sub-section (3) of section 479, no person
shall continue or resume the working or use of such factory, workshop or
work-place until such written permission is renewed or a fresh written
permission is granted by the Commissioner.]

1
This word was inserted by Mah. 21 of 1989, s. 45.
2
These words were inserted by Bom. 1 of 1916, s. 11(a).
3
Sub-section (3) was added by Bom. 1 of 1916, s. 11(b).
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 325

391. (1) No person shall— Furnaces

used in
trade or
(a) use or permit to be used any furnace employed for the purpose of manufacture
any trade or manufacture, which dose not, so far as practicable, consume to consume
their own
its own smoke ; or smoke.

(b) so negligently use or permit to be used any such furnace as that it

shall not, as far as practicable, consume its own smoke.
(2) Nothing in this section shall be deemed to apply to a locomotive engine
used for the purpose of traffic upon any railway or for the repair of streets.

1
392. (1) Whenever it shall appear to the Commissioner that any factory, Sanitary
regulation of
* * workshop or workplace, or any building or place in which steam, water factories, etc.
or other mechanical power is employed, is not kept in a cleanly state or is
not ventilated in such a manner as to render harmless, as far as practicable,
any gas, vapour, dust or other impurity generated in the course of the work
carried on therein, which is a nuisance,
or is so overcrowded while work is carried on as to be dangerous or injurious
to the health of the persons employed therein,
or that any engine, mill-gearing, hoist or other machinery therein is so fixed
or so insecurely fenced as to be dangerous to life or limb ;
the
1
Commissioner may, by written notice, require the owner of such factory,
* * workshop, workplace or other building or place to take such order for
putting and maintaining the same, in cleanly state, or for ventilating the same,
or for preventing the same from being overcrowded or for preventing danger
to life or limb from any engine, mill-gearing, hoist or other manchinery
therein, as he shall think fit.
(2) Nothing in this section shall be deemed to affect any provision of the
Bom. III 2
Bombay Boiler Inspection Act, 1887, and nothing in this section which relates
of 1887.
to the fixing or fencing of any engine, mill-gearing, hoist or other machinery
XV of shall apply on any factory to which the provisions of the 3Indian Factories
1881.
Act, 1881, are applicable.
393. (1) No person shall, without the written permission of the Prohibition of
use of steam-
Commissioner, use or employ in any factory or any other place, any steam- whistle or
whistle or steam-trumpet for the purpose of summoning or dismissing steam-trumpet
without
workmen or persons employed. permission of
the
(2) The Commissioner may at any time revoke any permission which he Commissioner.
has given for the use of any such instrument as aforesaid, on giving one month’s
notice to the person using the same.
(3) Provided that nothing in sub-section (2) shall be deemed to require one
month’s notice to be given by the Commissioner, if he suspends or revokes
any such permission for any reason specified in sub-section (3) of section 479.

1
The word “ bakehouse” was repealed by Bom. 2 of 1911, s. 14.
2
Bom. 3 of 1887 was repealed by Bom. 2 of 1891 which was repealed by Bom. 5 of 1917, which was
again repealed by Act 5 of 1923, Central Acts.
3
Act 15 of 1881 is repealed by Act 12 of 1911 (the Indian Factories Act, 1911) which is again repealed
by Act 25 of 1934, Central Acts.
 H 4094 (301-332)—L–1
326 Mumbai Municipal Corporation Act [1888 : Bom. III

Certain
articles 5[or
1
[394. (1) Except under and in accordance with the terms and conditions
animals] not to of the licence granted by the Commissioner, no person shall,—
be kept, and
certain trades, (a) keep, or suffer or allow to be kept, in or upon any premises,—
processes and
operations not
to be carried (i) any article specified in Part I of Schedule M ; or,
on, without a
licence ; and (ii) any article specified in Part II of Schedule M, in excess of the
things liable to
be seized, quantity therein specified as the maximum quantity ( or where such
destroyed, etc., article is kept alongwith any other article or articles specified in that
to prevent
danger or
Schedule, such other maximum quantity as may be notified by the
nuisance. Commissioner ) of such article which may at any one time be kept in or
upon the same premises without a licence ;
(b) keep, or suffer or allow to be kept, in or upon any premises, for sale
or for other than domestic use, any article specified in Part III of Schedule
M;
(c) keep, or suffer or allow to be kept, in or upon any premises, horses,
cattle or other four-footed animals for sale, for letting out on hire or for
any purpose for which any charge is made or any remuneration is received,
or for the sale of any produce thereof;
(d) keep or use, or suffer or allow to be kept or used, in or upon any
premises, any article 2[or animal] which, in the opinion of the Commissioner,
is dangerous to life, health or property, or likely to create a nuisance either
from its nature or by reason of the manner in which, or the conditions under
which, the same is, or is proposed to be, kept or used or suffered or allowed
to be kept or used ;
(e) carry on or allow or suffer to be carried on, in or upon any premises,—
(i) any of the trades specified in Part IV of Schedule M, or any process
or operation connected with any such trade ;
(ii) any trade, process or operation, which, in the opinion of the
Commissioner, is dangerous to life, health or property, or likely to create
a nuisance either from its nature or by reason of the manner in which, or
the conditions under which, the same is, or is proposed to be, carried
on ;
(f) carry on within 3[Brihan Mumbai] or use or allow to be used any
premises for, the trade or operation of a carrier.
(2) The State Government may, by notification in the Official Gazette, add
to, amend or delete any item in Schedule M and thereupon, the said Schedule
shall be deemed to be amended accordingly but without prejudice to anything
done or omitted to be done before such amendment.
(3) A person shall be deemed—
(a) to have known that keeping any article 4[or animal] or carrying on a
trade, process or operation is, in the opinion of the Commissioner,
dangerous or likely to create a nuisance within the meaning of clause (d)
or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), after
written notice to that effect, signed by the Commissioner, has been served
on such person or affixed to the premises to which it relates ;

1
Sections 394 and 394A were substituted for the original section 394 by Mah. 32 of 1962, s. 2.
2
These words were inserted by Mah. 42 of 1976, s.11(a).
3
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
4
These words were inserted by Mah. 42 of 1976, s.11(b).
5
These words were inserted by Mah. 42 of 1976, s.11(e).
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 327
1
(b) to keep or to suffer or allow the keeping of an article [ or animal] or
to carry on or allow to be carried on a trade, process or operation within
the meaning of clause (d), or, as the case may be, paragraph (ii) of clause
(e), of sub-section (1), if he does any act in furtherance of keeping of such
article l[or animal] or carrying on of such trade, process or operation or is
in any way engaged or concerned therein whether as principal, agent, clerk,
master, servant, workman, handicraftsman, watchman or otherwise.
(4) If it appears to the Commissioner that the keeping of any article, 2[ or
animal] or the carrying on of any trade, process or operation, in or upon any
premises, is dangerous or likely to create a nuisance within the meaning of
clause (d), or paragraph (ii) of clause (e), of sub-section (1), the Commissioner
may, by written notice, require the person keeping the article 2[or animal] or
suffering or allowing it to be kept or the person carrying on the trade, process
or operation or allowing it to be carried on, as the case may be, to take such
measures (including discontinuance of the use of the premises for any such
purpose) as may be specified by him in such notice in order to prevent such
danger or nuisance ; and if such measures are not taken within the specified
time, the Commissioner may seize and carry away or seal such article
2
[or animal] or any machinery or device used in connection with such trade,
process or operation. Any article 2[or animal] or machinery or device so
seized and carried away or sealed may be redeemed, within a period of one
month from the date of seizure, on payment of such sum and subject to such
conditions as to future use or disposition of such article 2[or animal],
machinery or device as may be fixed by the Commissioner in that behalf :
Provided that, if any article 2[or animal] so seized and carried away or sealed
is of an explosive or dangerous nature, the Commissioner may by order in
writing cause the same to be forthwith destroyed or otherwise disposed of, as he
thinks fit :
Provided further that, if any article 2[ or animal ] or machinery or device
so seized and carried away or sealed is not claimed and redeemed by the owner
or person found in possession thereof, the Commissioner may by order in
writing cause the same to be sold by auction or otherwise disposed of as he
thinks fit, forthwith if the article 2[or animal] is of a perishable nature, and
in any other case after the expiry of the aforesaid period of one month.
The proceeds of the sale or other disposal (if any) shall, after defraying
therefrom the cost of the sale or such disposal, be paid to the owner or person
found in possession of the article 2[or animal] or machinery or device sold or
disposed of.
(5) It shall be in the discretion of the Commissioner—
(a) to grant any licence referred to in sub-section (1), subject to such
restrictions or conditions (if any), as he shall think fit to specify, or
(b) for the purposes of ensuring public safety, to withhold any such
licence:
Provided that, the Commissioner when withholding any such licence shall
record his reasons in writing for such withholding and furnish the person
concerned a copy of his order containing the reasons for such withholding :
Provided further that, any person aggrieved by an order of the
Commissioner under this sub-section may, within sixty days of the date of
such order, appeal to the Chief Judge of the Small Cause Court, whose decision
shall be final.

1
These words were inserted by Mah. 42 of 1976, s. 11(b).
2
These words were inserted by Mah. 42 of 1976, s. ll(c).
H 4094–46
 H 4094 (301-332)—L–1
328 Mumbai Municipal Corporation Act [1888 : Bom. III

(6) Every person to whom a licence is granted by the Commissioner under

sub-section (5) shall,—
(a) keep such licence in or upon the premises, if any, to which it
relates ;
(b) put up a board outside such premises
1
on a conspicuous part, indicating
thereon the nature of the article [ or animal ] kept or the trade, process
or operation carried on, in or upon the premises, the municipal licence
number, if any, in respect thereof and the name and local address of the
owner or occupier or person in charge of the premises ;
(c) put proper lable on the packing or container of every licensable article
to indicate its name, contents and hazardous nature.
(7) The Commissioner may from time to time with the approval of 2[the
Standing Committee] specially exempt from the operation of this section any
mills for spinning or weaving, cotton, wool, silk or jute or any other large mill
or factory.
Power to 394A. Notwithstanding anything contained in the last foregoing section,
prohibit the
keeping of the State Government may, from time to time, by notification in the Official
certain articles Gazette, prohibit absolutely or subject to conditions, the keeping or suffering
of dangerous
character in
or allowing the keeping ( either permanently or during a specified period )
certain in any premises or class of premises or in any area or areas, which may be
premises or specified in the notification, of any article mentioned in Part I of Schedule
areas. M, being an article which in the opinion of the State Government is of so
dangerous a character that it is expedient in the interest of public safety,
having regard to the density of population and other relevant factors, to issue
such notification. ]
Prohibition of 395. (1) No person engaged in any trade or manufacture specified in
corruption of Schedule M shall—
water by
chemicals, etc.
(a) wilfully cause or suffer to be brought or to flow into any lake, tank,
reservoir, cistern, well, duct or other place for water belonging to the
corporation or into any drain or pipe communicating therewith, any washing
or other substance produced in the course of any such trade or manufacture
as aforesaid ;
(b) wilfully do any act connected with any such trade or manufacture as
aforesaid, whereby the water in any such lake, tank, reservoir, cistern, well,
duct or other place for water is fouled or corrupted.
(2) The Commissioner may, after giving not less than twenty-four hour’s
previous notice in writing to the owner or to the person who has the
management or control of any works, pipes or conduits, connected with any
such manufacture or trade as aforesaid, lay open and examine the said works,
pipes or conduits ;
and if, upon such examination, it appears that sub-section ( 1) has been,
contravened by reason of anything contained in or proceeding from the said
works, pipes or conduits, the expenses of such laying open and examination
and of any measure which the Commissioner shall, in his discretion, require
to be adopted for the discontinuance of the cause of such contravention, shall
be paid by the owner of the said works, pipes or conduits, or by the person
who has the management or control thereof, or through whose neglect or fault
the said sub-section has been contravened ;

1
These words were inserted by Mah. 42 of 1976, s. 11(d).
2
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 159.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 329

but if it appears that there has been no contravention of the said sub-section,
that said expenses and compensation for any damage occasioned by the said
laying open and examination shall be paid by the Commissioner.
1
[396. (1) The Commissioner may at any time, by day or by night, without Powers of
inspection,
notice, enter into or upon, and inspect or examine, any premises used or likely etc., of
to be used for the purposes mentioned in section 394 or 394-A, and upon any premises
premises in which a furnace is employed for the purpose of any trade, process where
licensable
or operation, and into any bakehouse, and take samples if need be by breaking articles are
open the container or call upon any person who may be keeping or suffering kept or trade,
process or
or allowing the keeping of any article or carrying on or allowing to carry on operation
any trade, process or operation to give samples of the article kept or products carried on or
where
of the trade, process or operation, in order to, satisfy himself as to whether prohibited
any provision of this Act or any regulation or bye-law or notification made or articles are
kept.
issued thereunder or any condition of a licence granted under this Act has
been or is being contravened, and as to whether any nuisance is created, or is
likely to be created upon such premises.
(2) Every person in charge, whether as principal, agent, clerk, master,
servant, workman, handicarftsman, watchman or otherwise of any premises
where any article requiring a licence under section 394 or any article
prohibited under section 394-A is kept or likely to be kept, or where any trade,
process or operation requiring a licence under section 394 is carried on or
likely to be carried on, shall, whenever required by the Commissioner, either
verbally or in writing, keep the premises open for his inspection and exercise
of the other powers conferred on him by sub-section (1).
(3) No claim shall lie against any person for compensation for any damage
in good faith and necessarily caused by the exercise of any of the powers
conferred by sub-section (1) or by the use of any force reasonably necessary
for the effective exercise of such powers :
Provided that, force shall not be used for the purpose aforesaid unless when
there is reason to believe that an offence is being committed against some
provisions of this Act or some regulation or bye-law or notification made or
issued thereunder.]

397. (1) The Commissioner may, by public notice, prohibit the washing Regulation of
of clothes by washermen in the exercise of their calling, except at such places washing of
clothes by
as he shall appoint for this purpose; washermen.

and, when any such prohibition has been made, no person who is by calling, a
washermen shall wash clothes at any place not appointed for this purpose by
the Commissioner, except for such person himself or for the owner or occupier
of such place.
(2) The Commissioner shall provide suitable places for the exercise by Washing
washermen of their calling, and may require payment of such fees for the use places to be
provided by
of any such place as shall from time to time be determined by the the Commis-
Commissioner, with the approval of the 2[Standing Committee]. sioner for
washermen.

1
Section 396 was substituted for the original by Mah. 32 of 1962, s. 3.
2
These words were substituted for the words “ Member-in-charge” by Mah. 27 of 1999, s. 160.

H 4094–46a
 H 4094 (301-332)—L–1
330 Mumbai Municipal Corporation Act [1888 : Bom. III

Maintenance and Regulation of Markets and Slaughter-Houses.

What to be 398. 1[(1)] All markets and slaughter-houses which belong to or are
deemed
municipal maintained by the corporation shall be called “ municipal markets” or “
markets and municipal slaughter-houses ”. All other markets and slaughter-houses shall
slaughter-
houses. be deemed to be private.

[(2) The corporation may also establish markets for the purchase and sale
2

of or trading in agricultural produce specified in Schedule JJ. The corporation

may, with the previous sanction of the State Government, add to, amend or
cancel, by notification in the Official Gazette, any of the items of agricultural
produce specified in Schedule JJ.]
Provisions of 399. (1) The Commissioner, when authorised by the corporation in this
new municipal
markets and behalf, may construct, purchase or take on lease any building or land for the
slaughter- purpose of establishing a new municipal market or a new municipal slaughter-
houses. house or of extending or improving any existing municipal market or
slaughter-house, and may from time to time, build and maintain such
municipal markets and slaughter-houses and such stalls, shops, sheds, pens
and other building or conveniences for the use of the persons carrying on trade
or business in or frequenting, such municipal markets or slaughter-houses,
and provide and maintain in such municipal markets such buildings, places,
machines, weights, scales and measures for weighing and measuring goods
sold therein as he shall think fit.

(2) Municipal slaughter-houses may be situate within or with the sanction

of 3[the4[State] Government] without 5[Brihan Mumbai].
Municipal 400. The Commissioner may, with the sanction of the corporation and of
markets and
slaughter-
3
[the 4 [State] Government], at any time, close any municipal market or
houses may be slaughter-house; and the premises occupied for any market or slaughter-
closed.
house so closed may be disposed of as the property of the corporation.
Prohibition of 401. (1) No person shall, without a licence from the Commissioner, sell
sale in a
municipal or expose for sale any animal or article in any municipal market.
market
without
licence of (2) Any person contravening this section may be summarily removed by
Commissioner. the Commissioner or by any municipal officer or servant.
Opening of 402. (1) The corporation shall from time to time determine whether the
new private establishment of new private markets shall be permitted in 5 [Brihan Mumbai]
markets.
or in any specified portion of the 5[Brihan Mumbai].

(2) No person shall establish a new private market for the sale of, or for
the purpose of exposing for sale, animals intended for human food, or any
other article of human food, except, with the sanction of the Commissioner,
who shall be guided in giving such sanction by the decisions of the corporation
at the time in force under sub-section (1). 6[ The owner or occupier of a place
in which a private market is established shall, for the purposes of this sub-
section, be deemed to have established such market.]

(3) When the establishment of a new private market has been so

sanctioned, the Commissioner shall cause a notice of such sanction to be
affixed in the English, Marathi, Gujarati, 7 [Hindi] and Urdu languages on
some conspicuous spot on or near the building or place where such market is
to be held.
1
Section 398 was re-numbered as sub-section (1) of that section by Bom. 54 of 1955, s. 9.
2
This sub-section was added, by Bom. 54 of 1955.
3
The words “ the Provincial Government ” were substituted for the words “ Government ” by the
Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
5
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2 Schedule.
6
These words were added by Bom. 5 of 1938, s. 39.
7
This word was inserted by Mah. 21 of 1989, s. 46.
 H 4094 (301-332)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 331

403. (1) No person shall without, or otherwise than in conformity with

8
[ Private
markets not to
the terms of, a licence granted by the Commissioner in this behalf— be kept or
permitted to be
(a) keep open 1[or permit to be kept open] a private market; kept open and
no place to be
1
(b) use [ or permit to be used ] any place in 2[Brihan Mumbai] as a used or
permitted to be
slaughter- house or for the slaughtering of any animal intended for human use as
food; slaughter-
house, without
1 licence.]
(c) use [ or permit to be used ] any place without 2[ Brihan Mumbai ]
whether as a slaughter-house or otherwise, for the slaughtering of any
animal intended for human food to be consumed in 3[ Brihan Mumbai ].
(2) Provided that—
(d) the Commissioner shall not refuse, cancel or suspend any licence for
keeping open a private market for any cause other than the failure of the
owner thereof to comply with some provision of this Act, or with some
regulation framed under section 406 or with some by-law made under this
Act, at the time in force and shall not cancel or suspend any such licence
without the approval of 4[ the Standing Committee ].
[ (dd) the Commissioner may with the previous approval of 4[ the
5

Standing Committee ] cancel or suspend, any licence for failure of the owner
of a private market to give in accordance with the conditions of his licence
a written receipt for any stallage, rent, fee or other payment received by
him or his agent from any person for the occupation or use of any stall, shop,
standing, shed, pen or other place therein ; ]
(e) nothing in this section shall be deemed to prevent the Commissioner
from granting written permission for the slaughter of an animal in any place
that he think fit, on the occasion of any festival or ceremony or under special
circumstances ;
[ (f) the Commissioner may suspend the licence of a trader, an owner of
6

a private market or of an abattoir for a period not exceeding sixty days if it

is found that the trader or the owner of the private market or, as the case
may be, the abattoir is not taking proper measures to keep the premises
clean or is not disposing the trade refuse including carcass of dead animals
in the proper manner.]
7
[(2A) Any animal or flesh intended for human food found in the possession
of any person contravening the provisions of clause (b) or (c) of sub-section
(1) may be seized by the Commissioner or any municipal officer or servant or
by any police officer and any such animal or flesh may be sold or otherwise
disposed of as the Commisioner shall direct. The proceeds, if any, arising from
such sale shall belong to the Corporation.
(2B) For the purposes of this section, the owner or occupier of any place
which is habitually used for the slaughter of animals intended for human food
shall be deemed to have used or permitted to be used such place for the
slaughter of animals unless he proves that the place was so used without his
knowledge. ]

1
These words were inserted by Bom. 5 of 1938, s. 40.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2 Schedule.
3
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996.
4
These words were substituted for the word “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 161.
5
Clause (dd) was inserted by Bom. 32 of 1935, s. 12.
6
This clause was added by Mah. 10 of 1998, s. 192 (b).
7
Sub-section (2A) and (2B) were inserted by Bom. 64 of 1953, s. 16.
8
This marginal note was substituted for the original by Bom. 20 of 1952, s. 16(2).
 H 4094 (301-332)—L–1
332 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) When the Commissioner has refused, cancelled or suspended any

licence to keep open a private market, he shall cause a notice of his having
so done to be affixed in the English, Marathi, Gujarati, 1 [Hindi] and Urdu
languages on some conspicuous spot on or near the building or place where
such market has been held.
Prohibition of 404. No person who knows that any private market has been established
sale in
unauthorised
without the sanction of the Commissioner, or is kept open after a licence for
private keeping the same open has been refused, cancelled or suspended by the
markets. Commissioner, shall sell or expose for sale therein any animal or articles
of food.
Provision for 405. The Commissioner may, by written notice, require the owner, farmer
requiring
private or occupier of any private market or slaughter-house, to cause—
market-
building and (a) the whole or any portion of the floor of the market-building, place
slaughter-
houses to be
or slaughter- house to be paved with dressed stone or other suitable
properly paved material;
and drained.
(b) such drains to be made in or from the market-building, market place
or slaughter-house, of such material, size and description, at such level and
with such outfall, as to the Commissioner may appear necessary.
Regulations to 406. 2[ The Corporation may,] 3 [ with the approval of the Standing
be framed for
markets and Committee ] from time to time, make regulations, not inconsistent with any
slaughter- provision of this Act, or of any by-law made under this Act at the time in
houses. force—
(a) for preventing nuisance of obstruction in any market-building,
market place, or slaughter-house or in the approaches thereto ;
(b) fixing the days and the hours on and during which any market or
slaughter- house may be held or kept open for use ;
(c) for keeping every market-building, market place and slaughter-house
in a cleanly and proper state, and for removing filth and refuse therefrom
;
(d) requiring that any market-building, market-place or slaughter-house
be properly ventilated and be provided with a sufficient supply of water ;
(e) requiring that in market-buildings and market-places, passages be
provided between the stalls of sufficient width for the convenient use of
the public ;
[ (f) for regulating the purchase and sale of and conditions of trading
4

in agricultural produce specified in Schedule JJ in any market-building or

market-place.]
Levy of 407. The Commissioner may—
stallages, rents
and fees in
municipal (a) charge for the occupation or use of any stall, shop, standing, shed or
markets and pen in a municipal-market or slaughter-house, and for the right to expose
slaughter- goods for sale in a municipal market, and for weighing and measuring goods
houses. sold in any such market and for the right to slaughter animals in any
municipal slaughter-house such stallages, rents and fees as shall from time
to time be fixed by him, with the approval of 5 [ the Standing Committee ]
in this behalf ; or
(b) with the approval of 5[ the Standing Committee ], from the stallages,
rents and fees leviable as aforesaid or any portion thereof, for any period
not exceeding one year at a time ; or
5
(c) put up to public auction, or, with the approval of [ the Standing
Committee ], dispose of, by private sale, the privilege of occupying or using
any stall, shop, standing, shed or pen, in a municipal market or slaughter-
house for such term and on such conditions as he shall think fit.

1
This word was inserted by Mah. 21 of 1989, s. 47.
2
These words were substituted for the words “ The Commissioner may, with the approval of the
Standing Committee ” by Mah. 10 of 1998, s. 193.
3
These words were inserted by Mah. 27 of 1999, s. 162.
4
This clause was added by Bom. 54 of 1955, s. 10.
5
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 163.
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 333
1
[407A. (1) No person shall, without the written permission of the Removal of live
2 cattle, sheep,
Commissioner and without the payment of such fees as may be [prescribed by goats or swine
the Corporation], remove any live cattle, sheep, goats or swine from any from any
Municipal slaughter-house or from any Municipal market or premises used municipal
slaughter-
or intended to be used for or in connection with such slaughter-house : house, market
or premises.
Provided that such permission shall not be required for the removal of any
animal which has not been sold within such slaughter-house, market or
premises and which has not been within such slaughter-house, market or
premises for a period longer than that prescribed under regulations made by
3
the [Corporation] in this behalf, or which has in accordance with any by-law
made under this Act, been rejected as unfit for slaughter at such slaughter-
house, market or premises.

(2) Any fee paid for permission under sub-section (1) in respect of any animal
removed to a Panjrapole shall, subject to the regulations made by
3
the [Corporation] in this behalf, be refunded on the production of a certificate
from the Panjrapole authorities that such animal has been received in their
charge.]

408. (1) A printed copy of the regulations and of the table of stallages, Regulations
rents and fees, if any in force in any market or slaughter-house under and table of
4 5 stallage, rents
the [sections 406, 407 and 407A], in the English, Marathi, Gujarati, [Hindi] to be posted up
and Urdu languages, shall be affixed in some conspicuous spot in the market- in markets and
slaughter-
building, market-place or slaughter-house. houses.

(2) No person shall, without authority, destroy, pull down, injure or deface
any copy of any regulation or table so affixed.

409. The Commissioner may expel from any municipal market of slaughter- Power to expel
persons
house any person, who or whose servants has been convicted of contravening contravening
any by-law made under this Act, or any regulation made under section 406, by-laws or
at the time in force in such market or slaughter-house and may prevent such regulations.
person, by himself or his servants, further carrying on any trade or business
in such market or slaughter-house or occupying any stall, shop, standing
shed, pen or other place therein, and may determine any lease or tenure
which such person may have in any such stall, shop, standing shed, pen or
place.

1
New section 407A was inserted by Bom. 12 of 1936, s. 7.
Section 10 of Bom. 12 of 1936 reads as under—
“ Notwithstanding anything contained in the City of Bombay Municipal (Amendment) Act, 1936 (Bom.
12 of 1936), it shall be deemed always to have been lawful for the Commissioner prior to the commence
ment of the said Act, to require his written permission for the removal of any cattle, sheep, goats or
swine from any Municipal slaughter-house or from any Municipal market or premises used or intended
to be used for or in connection with such slaughter-house and to fix and charge fees for the grant of
such permission (Vide Bom. 12 of 1936, s. 10.)
2
These words were substituted for the words “ prescribed by him” by Mah. 10 of 1998, s. 195(a).
3
This word was substituted for the word “ Commissioner ” by Mah. 10 of 1998, s. 195(b).
4
The words, figures and letter “ sections 406, 407 and 407A” were substituted for the words “ two last
preceding sections ” by Bom. 12 of 1936, s. 8.
5
This word was inserted by Mah. 21 of 1989, s. 48.
 H 4094 (333-350)—L–1
334 Mumbai Municipal Corporation Act [1888 : Bom. III
1
Sale [or Supply] of articles of food outside of markets
Prohibition of 410. (1) Except as hereinafter provided, no person shall, without a licence
sale 4[or
supply] of from the Commissioner, 2[sell or supply or expose for sale or supply] any
3
animals, etc., [animal or bird or any meat or flesh or fish] intended for human food, in any
except in a place other than a Municipal or private market:
market.
(2) Provided that nothing in sub-section (1) shall apply to fresh fish sold
from or exposed for sale in, a vessel in which it has been brought direct to the
seashore, after being caught at sea.
Licensing of butchers, etc.
Butchers and 411. No person shall without, or otherwise than in conformity with the
persons who
8
[sell or supply]
term of a licence granted by the Commissioner in this behalf—
the flesh of (a) carry on within 5[Brihan Mumbai], or at any Municipal slaughter-house
animals to be
licensed.
the trade of a butcher ;
5 6
(b) use any place in [Brihan Mumbai], [for the sale or supply], of the flesh
7 5
of any animal [or bird] intended for human food, or any place without [Brihan
6 5
Mumbai] [for the sale or supply] of such flesh for consumption in [Brihan
Mumbai].
Prohibition of 9
[412. (1) No person shall without the written permission of the
import of
cattle, etc. into Commissioner bring into 5 [Brihan Mumbai] any cattle, sheep, goats or swine
10
[Brihan intended for human food, or the flesh or any such animal which has been
Mumbai] slaughtered at any slaughter house or place not maintained or licensed under
without
permission. this Act.
(1-A) Any Police Officer may arrest without warrant any person bringing
into 5[Brihan Mumbai] any animal or flesh in contravention of sub-section
(1).
(2) Any animal brought into 5[Brihan Mumbai] in contravention of this
section may be seized by the Commissioner or by any Municipal Officer or
servant and any flesh brought into 5[Brihan Mumbai] in contravention of this
section may be seized by the Commissioner or by Municipal Officer or servant
or by any Police Officer or in or upon railway premises by any Railway servant
and any animal or flesh so seized may be sold or otherwise disposed of as the
Commissioner shall direct. The proceeds, if any, shall belong to the
corporation.
(3) Nothing in this section shall be deemed to apply to cured or preserved
meat.]
Licence 11
[412A. No person shall without or otherwise than in conformity with
required for
dealing in milk, the terms of a licence granted by the Commissioner in this behalf,—
etc. 5
(a) carry on within [Brihan Mumbai], the trade or business of a dealer in

1
These words were inserted by Bom. 64 of 1953, s. 17 (2).
2
These words were substituted for the words “sell or expose for sale,” by Bom. 64 of 1953, s. 17 (1).
3
These words were substituted for the words “four footed animal or any meat or fish” by Mah. 10 of
1998, s. 196.
4
These words were inserted by Bom. 64 of 1953, s. 17 (3).
5
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2 Schedule.
6
These words were substituted for the words “ for the sale ” by Bom. 64 of 1953, s. 18 (1).
7
These words were inserted by Mah. 10 of 1998, s. 197.
8
These words were substituted for the word “ sell” by Bom. 64 of 1953, s. 18 (2).
9
This section was substituted for the original section by Bom. 2 of 1911, s. 16.
10
These words were substituted for the words “ Greater Bombay w by Mah. 25 of 1996, s. 2 Schedule.
11
Section 412A was inserted by Bom. 6 of 1923, s. 7.
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 335
1 2
or importer or seller or hawker of milk, [butter [ghee] or other milk
products];
(b) use any place in 3[Brihan Mumbai] for the sale of milk, 1[butter 2[ghee]
or other milk products].

Inspection of place of sales, etc.

413. (1) If the Commissioner shall have reason to believe that any animal Commissioner
intended for human food is being slaughtered, or that the flesh of any such may enter any
place where
animal is being sold or exposed for sale, in any place or manner not duly slaughter of
authorised under the provision of the Act, the Commissioner may, at any animals or sale
of flesh
time, by day or by night, without notice, enter such place for the purpose of contrary to the
satisfying himself as to whether any provision of this Act or of any by-law provisions of
made under this Act at the time in force is being contravened thereat. this Act is
suspected.
(2) No claim shall lie against any person for compensation for any damage
necessarily caused by any such entry or by the use of any force necessary for
effecting such entry.
414. It shall be the duty of the Commissioner to make provision for the Commissioner
constant and vigilant inspection of animals, carcasses, meat, poultry, game, to provide for
inspection of
flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter and any articles
other article exposed or hawked about for sale or deposited in or brought to exposed for
sale for human
any place for the purpose of sale or of preparation for sale and intended for food.
human food or for medicine, the proof that the same was not exposed or
hawked about or deposited or brought for any such purpose or was not
intended for human food or for medicine resting with the party charged.
415. (1) The Commissioner may at all reasonable times inspect and examine Unwholsome
any such animal or article as aforesaid and any utensil or vessel used for articles etc., to
be seized.
preparing, manufacturing or containing the same.
(2) If any such animal or article appears to the Commissioner to be diseased
or unsound or unwholesome or unfit for human food or for medicine, as the
case may be, or is not what it is represented to be, or if any such utensil or
vessel is of kind or in such state as to render any article prepared,
manufactured or contained therein unwholesome or unfit for human food or
for medicine, as the case may be, he may seize and carry away such animal,
article, utensil or vessel, in order that the same may be dealt with as
hereinafter provided 4[and he may arrest and take to the nearest Police
Station any person in charge of any such animal or article].
5
* * *
416. If any meat, fish, vegetable or other article of a perishable nature be Disposal of
perishable
seized under the last preceding section and the same is, in the opinion of the articles seized
Commissioner, diseased, unsound, unwholesome or unfit for human food or under section
for medicine, as the case may be, the Commissioner shall cause the same to 415.
be forthwith destroyed in such manner as to prevent its being again exposed
for sale or used for human food or for medicine, and the expenses thereof
shall be paid by the person in whose possession such article was at the time
of its seizure.

1
These words were inserted by Bom. 6 of 1916, s. 8.
2
The word * ghee n was inserted by Bom. 32 of 1935, s. 13.
3
There words were substituted for the words “ Greater Bombay ” by Moh. 25 of 1996, s. 2 Schedule.
4
These words were inserted by Bom, 6 of 1913, s, 8,
5
The Explanation added to s. 415 by Bom. 2 of 1899, s. 5(1)(a) was repealed by Bom. 10 of 1928.
H 4094–47
 H 4094 (333-350)—L–1
336 Mumbai Municipal Corporation Act [1888 : Bom. III

Disposal of 417. (1) Any animal and any article not of a perishable nature and any
animals and
articles of a utensil or vessel seized under section 415 shall be forthwith taken before a
non-perishable Presidency Magistrate.
nature seized
under section (2) If it shall appear to such Magistrate that any such animal or article is
415. diseased, unsound or unwholesome or unfit for human food, or for medicine,
as the case may be, or is not what it was represented to be or that such
1
utensil or vessel is of such kind or in such state as aforesaid, [he may, and if
it is diseased, unsound, unwholesome or unfit for human food and unfit for
medicine he shall cause] the same to be destroyed at the charge of the person
in whose possession it was at the time of its seizer, in such manner as to
prevent the same being again exposed or hawked about for sale or used for
human food, or for medicine, or for preparation or manufacture of, or food
containing any such article as aforesaid.
417A. [Penalty for representing any article to be what it is not.] Repealed
by Bom. 10 of 1928, s. 15.
[417B. In every case in which food, on being dealt with under section 417,
2
Penalty for
possessing food
which appears appears to the Magistrate to be diseased, unsound or unwholesome or unfit
to be diseased, for human food, the owner thereof or the person in whose possession it was
unsound or
unwholesome found not being merely bailee or carrier thereof, shall, if any such case the
or unfit for provisions of section 273 of the Indian Penal Code do not apply, be punished XLV of
human food. 1860.
with fine which may extend to 3[five] hundred rupees.
Application for 417C. In all prosecutions under section 4* * * 417B the Magistrate shall,
summons to
be refused of
refuse to issue a summons for the attendance of any person accused of an
not applied for offence against such section, unless the summons is applied for within a
within
reasonable
reasonable time from the alleged date of the offence of which such person is
time. accused.]
Weights and Measures.
418. [Provision of local standards of weights and measures.]. Repealed by
5

Bom. 15 of l932.
419. [Verificaton and stamping of weights and measures.]. Repealed by
5

Bom. 15 of l932.
420. [Weights and measures of which standards are provided are to be
5

adopted; penalties. ].Repealed by Bom. 15 of 1932.

Prevention of spread of dangerous diseases.
Information to 421. Every medical practitioner who treats or becomes congnizant of the
be given of
existance of
existance of any dangerous disease 6[or any case of continuous pyrexia of
dangerous unknown origin of more than four day’s duration] in any private or public
disease 7[or dwelling, other than a public hospital, shall give information of the same
continuous
pyrexia of with the least practicable delay to the executive health officer. The said
unknown information shall be communicated in such form and with such details as the
origin.] executive health officer, with the consent of the Commissioner, may from
time to time require.
1
These words were substituted for the original words by Bom. 2 of 1899, s. 6 (1) (a).
2
Sections 417B and 417C were inserted by Bom. 2 of 1899, s, 6 (1) (b).
3
This word was substituted for the word “one” by Bom. 76 of 1948, s. 26.
4
The figures, letter and word “417A or were” repealed by Bom. 5 of 1925, s. 20, Schedule B.
5
Sections 418, 419 and 420 were repealed by Bombay Weights and Measures Act, 1932 (Bom. 15 of
1932), Second Schedule, Part II, which came into effect in Bombay City on 1st August 1945, vide G. N.,
G.D., No, 9518, dated 30th April 1935.
6
These words were inserted by Bom. 20 of 1952, s. 17 (1).
7
These words were inserted by Bom. 20 of 1952, s. 17(2).
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 337

422. The Commissioner may at any time, by day or by night, without notice Any place may
at any time be
or after giving such notice of his intention as shall, in the circumstances, inspected for
purpose of
appear, to him to be resonable, inspect any place in which any dangerous preventing
disease is reputed or suspected to exist, and take such measures as he shall spread of
dangerous
think fit to prevent the spread of the said disease beyond such place. disease.

423. (1) If it shall appear to the Commissioner that the water in any well, Prohibition of
use for
tank or other place is likely, if used for drinking, to endenger or cause the drinking of
spread of any dangerous disease, he may, by public notice, prohibit the removal water likely to
or use of the said water for the purpose of drinking. cause
dangerous
disease.
(2) No person shall remove or use for the purpose of drinking any water in
respect of which any such public notice has been issued.

424. (1) The Commissioner or any police officer empowered by him in this Commissioner
may order
behalf may, on a certificate signed by the executive health officer or by any removal of
duly qualified medical practitioner, direct or cause the removal of any person patients to
hospital.
who is, in the opinion of such executive health officer or other medical
practitioner, without proper lodging or accommodation or who is lodged in a
building occupied by more than one family, and who is suffering from a
dangerous disease, to any hospital or place at which patients suffering from
the said disease are received for medical treatment.

(2) The person, if any, who has charge of a person in respect of whom an
order is made under sub-section (1) shall obey such order.

425. (1) If the Commissioner is of opinion that the cleansing or disinfecting Disinfection of
buildings, etc.
of a building, or of a part of a building, or of any article therein likely to
retain infection would tend to prevent or check the spread of any dangerous
disease he may, by written notice, require the owner or occupier of such
building to cleanse of disinfect such building or part thereof or article therein,
and, if it shall appear to the Commissioner necessary to vacate the said
building for such time as shall be prescribed in the said notice:

(2) Provided that, if in the opinion of the Commissioner, the owner or

occupier is from poverty or other cause effectually to comply with such
requisition the Commissioner may cause the building or part of the building
or article likely to retain infection to be cleansed or disinfected and defray
the cost of so doing.

426. (1) If the Commissioner is of opinion that the destruction of any hut Destruction of
huts and sheds,
or shed is necessary to prevent the spread of any dangerous disease, he may, when
after giving to the owner or occupier of such hut or shed such previous notice necessary.
of his intention as may in the circumstances of the case appear to him
reasonable, take measures for having such hut or shed and all the materials
thereof destroyed.

(2) Compensation may be paid by the Commissioner, in any case which he

thinks fit, to any person who sustains substanital loss by the destruction of
any such hut or shed; but, except as so allowed by the Commissioner, no
claim for compensation shall lie for any loss or damage caused by any exercise
of the power conferred by this section.

H 4094-47a
 H 4094 (333-350)—L–1
338 Mumbai Municipal Corporation Act [1888 : Bom. III

[426A. (1) Every person who brings or causes to be brought by sea into
Second-hand 1

clothing and 2
bedding not to [Brihan Mumbai] any article of used or second-hand clothing or bedding
be brought into which does not form part of a passenger’s baggage shall, within twenty-four
2
[Brihan 2
Mumbai] hours of the bringing of such article into [Brihan Mumbai] give to the
without Commissioner notice in writting, containing full particulars as to the nature
informing
Commissioner and condition of the said article and the place from which it is brought, and
and getting take it for inspection to the place prescribed under sub-section (5) for the
them
inspected. inspection of such articles. If no such place has been prescribed, the notice
shall also state the place where the said article may be inspected.
(2) The Commissioner shall examine the said article and, if he is of opinion
that it is not free from infection, he may direct that it shall be adequately
disinfected within such period, in such manner and by such agency, as he
may determine.
(3) If the Commissioner is satisfied that the said article is free from
infection or that it has been adequately disinfected, he shall give a certificate
to that effect.
(4) No person shall deal with or remove or dispose of the said article
otherwise than in accordance with a direction of the Commissioner or an
officer of the Customs until a certificate under sub-section (3) has been given
in respect thereof.
(5) The Commissioner may, in consultation with the Collector of Customs
and the Trustee of the Port of Bombay prescribe or appoint from time to time
a place or places at which any article of the nature described in sub-section
(1) may be inspected.
(6) The Commissioner may from time to time, with the approval of the
standing committee, prescribe a fee to be paid for the inspection of any article
of the nature described in sub-section (1) and for the giving of a certificate
under sub-section (3) and, where any article is disinfected by municipal
agency, or the disinfection thereof.
(7) Where a person contravening any provision of this section is a company
or other body corporate or an association of persons (whether incorporated
or not), every person who at the time of the commission of the offence was a
director, manager, secretary, agent or other officer or person concerned with
the management thereof shall, unless he proves that the offence was
committed without his knowledge or consent, be liable to the punishment
provided for the offence.
(8) Nothing contained in this section shall apply to any articles of used or
second-hand clothing or bedding contained in bale which is taken direct from
the docks to a railway station 2[Brihan Mumbai] for export to and disposal at
2
a place outside and beyond the limits of [Brihan Mumbai].
Explanation.—For the purpose of this section a passenger’s baggage shall
mean such goods as are determined to be his baggage in actual use under
section 24 of the Sea Customs Act, 1878.] VIII of
1878.
Place for 427. (1) The Commissioner may provide a place, with all necessary
disinfection
may be
apparatus and attendance, or the disinfection of clothing, bedding for other
provided also articles which have become infected, and in his discretion may have articles
for washing
infected
brought to such place for disinfection, disinfected on payment of such fees as
articles. he shall from time to time, fix with the approval of the 3[Standing Committee]
in this behalf, or, in any case in which thinks fit, free of charge.

1
This section was inserted by Bom. 76 of 1948, s. 27.
2
These words were substituted for the words tf Greater Bombay n by Mah. 25 of 1996, s. 2, Schedule.
3
These words were substituted for the words “ Member-in-chage ” by Mah. 27 of 1999, s. 164.
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 339

(2) The Commissioner may, from time to time, by public notice, appoint a
place at which clothing, bedding, or other articles which have been exposed
to infection from any dangerous disease may be washed; and no person shall
wash any such article at any place not so appointed without having previously
disinfected the same.

(3) The Commissioner may direct the disinfection or destruction of bedding, Infected
articles may be
clothing or other articles likely to retain infection. destroyed.

(4) The Commissioner may, in his discretion, give compensation for any
article destroyed under sub-section (3).

428. (1) No person who is suffering from a dangerous disease shall enter a Person
suffering from
public conveyance without previously notifying to the owner, driver or person dangerous
in charge of such conveyance that he is so suffering. disease not to
enter a public
(2) Notwithstanding anything contained in any Act relating to public conveyance
without
conveyances for the time being in force, no owner or driver or person in notifying the
charge of a public conveyance shall be bound to carry any person suffering as same.
aforesaid in such conveyance unless payment or tendar of sufficient
compensation for the loss and expenses he must incur in disinfecting such
conveyance is first of all made to him.

429. The Commissioner with the sanction of the corporation, may provide Provision of
and maintain suitable conveyance for the free carriage of persons suffering carriages for
conveyance of
from any dangerous disease ; and when such conveyances have been provided, patients.
it shall not be lawful to convey any such person by any other public conveyance.

430. (1) No person who is suffering from a dangerous disease shall— Provision as to
carriage of
persons
(a) without proper precautions against spreading such disease, cause or suffering from
suffer himself to be carried in a public conveyance; dangerous
disease in
(b) cause or suffer himself to be carried in a public conveyance contrary public
conveyances.
to the provision of the last preceding section.

(2) No person shall go in company with, or take charge of, any person
suffering as aforesaid, who causes or permits himself to be carried in a public
conveyance in contravention of sub-section (1).

(3) No owner or driver or person in charge of a public conveyance shall

knowingly carry or permit to be carried in such conveyance any person
suffering as aforesaid, in contravention of the said sub-section.

431. The owner, driver or person in charge of a public conveyance in which Pulic
conveyance
any person suffering as aforesaid has been carried shall immediately provide which has
for the disinfection of the same. carried a
person
suffering from
dangerous
disease to be
disinfected.

432. (1) No person shall, without previous disinfection of the same, give, Infected
articles not to
lend, sell, transmit or otherwise dispose of any article which he knows or be transmitted,
has reason to know has been exposed to infection from any dangerous disease. etc. without
previous
(2) Nothing in this section shall be deemed to apply to a person who disinfection.
transmits, with proper precautions, any such article for the purpose of having
the same disinfected.
 H 4094 (333-350)—L–1
340 Mumbai Municipal Corporation Act [1888 : Bom. III

Infected 433. (1) No person shall let a building or any part of a building, in which he
building not to
be let without
knows or has reason to know that a person has been suffering from a
being first dangerous disease, without first having such building or part thereof and
disinfected. every article therein likely to remain infectious disinfected, to the satisfaction
of the executive health officer or of some duly qualified medical practitioner,
as testified by such officer’s or medical practitioner’s certificate.
(2) For the purpose of this section the keeper of a hotel or inn shall be
deemed to let part of his building to any person accommodated in such hotel
or inn.
Special sanitary measures
434. (1) In the event of [Brihan Mumbai] being at any time visited or
1
Commissioner
may take threatened with an outbreak of any dangerous disease, or in the event of any
special
measures on infectious disease breaking out or being likley to be introduced into 1[Brihan
outbreak of Mumbai] amongst, cattle— including under this expression sheep and goats,—
any dangeros the Commissioner,-—if he thinks the ordinary provisions of this Act or of
disease.
any other law at the time in force are insufficient for the purpose, may with
the sanction of 2[the3[State] Government].—
(a) take such special measures, and
(b) by public notice prescribe such temporary regulations to be observed
by the public or by any person or class of persons,
as he shall deem necessary to prevent the outbreak of such disease or the
spread thereof.
(2) The Commissioner shall forthwith report to the Corporation any measure
taken and any regulations prescribed by him under sub-section (1).
Disposal of the dead
Places for 435. Every owner or person having the control of a place used for burying,
disposal of the burning or otherwise disposing of the dead shall cause the same to be
dead to be
registered. registered in a register which shall be kept by some municipal officer charged
by the Commissioner with this duty, and shall deposit in the municipal office
at the time of registration a plan of the said place, showing the extent and
boundaries thereof, bearing the signature of a licensed surveyor in token of
its having been prepared by or under the supervision of such surveyor.
Provision of 436. If the existing places for the disposal of the dead shall at any time
new places for appear to be insufficient, or if any such place is closed under the provisions
disposal of the
dead. of section 438, the Commissioner shall, with the sanction of the corporation,
provide other fit and convenient places for the said purpose, either within or
without 1[Brihan Mumbai] and shall cause the same to be registered in the
register kept under section 435, and shall deposit in the municipal office, at
the time of registration of each place so provided, a plan thereof showing the
extent and boundaries of the same and bearing the signature of the municipal
4
[city engineer].

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2 Schedule.
2
The words “ The Provincial Government ” were substituted for the word “ Government ” by the
adaptation of Indian Laws Order in Council.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
The words “ city engineer ” were substituted for the words “executive engineer ” by Bom. 19 of 1930,
s. 6.
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 341

437. No place, which has never previously been lawfully used as place for New places for
disposal of the
the disposal of the dead and registered as such, shall be opened by any person dead not to be
for the said purpose without the written permission of the Commission, who, opened without
permission of
with the approval of the Corporation, may grant or withhold such permission. Commissioner.

438. (1) If, from information furnished by competent person and after 2
[State]
personal inspection, the Commissioner shall at any time be of opinion— Government
may direct the
(a) that any place of public worship is or is likey to become injurious to closing of any
place for the
health by reason of the state of the vaults or graves within the walls of or disposal of the
underneath the same, or in any church-yard or burial ground adjacent dead.
thereto, or
(b) that any other place used for the disposal of the dead is in such a
state as to be or to be likely to become injurious to health, he may submit
his said opinion, with the reasons therefor, to the corporation, who shall
1 2
forward the same with their opinion, for the consideration of the [ [State]
Government].
1 2
(2) Upon receipt of such opinions, the [ [State] Government], after such
further inquiry, if any, as 3[it] shall deem fit to cause to be made, may, by
4
notification published in the [Official Gazette] and in the local newspapers,
direct that such place of public worship or other place for the disposal of the
dead be no longer used for the disposal of the dead. Every order so made shall
be noted in the register kept under section 435.
(3) On the expiration of two months from the date of any such order of the
1 2
[ [State] Government], the place to which the same relates shall be closed
for the disposal of the dead.
(4) A copy of the said notification, with a translation thereof, in the Marathi,
5
Gujarati, [Hindi] and Urdu languages, shall be affixed on a conspicuous spot
on or near the place to which the same relates, unless such place be a place of
public worship.
439. (1) If, after personal inspection, the Commissioner shall at any time 2
[State]
Government
be of opinion that any place formerly used for the disposal of the dead, which may sanction
has been closed under the provisions of the last preceding section or under the reopening
any other law or authority has by lapse of time become no longer injurious to of places which
have been
health, and may without risk of danger be again used for the said purpose, he closed for the
may submit his said opinion, with the reasons therefor, to the corporation, disposal of the
dead.
who shall forward the same, with their opinion, for the consideration of the
1 2
[ [State] Government].
(2) Upon receipt of such opinion, the 1[2[State] Government] after such
3
further inquiry, if any as [it] shall deem fit to cause to be made, may by
notification published as aforesaid direct that such place be re-opened for
the disposal of the dead. Every order so made shall be noted in the register
kept under section 435.

1
The words “Provincial Government” were substituted for the words “Government in Council” by the
Adaptation of Indian Laws Order in Council.
2
The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
The word “it” was substituted for the word “he” by the Adaptation of Indian Laws Order in Council.
4
The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the
Adaptation of Indian Laws Order in Council.
5
This word was inserted by Mah. 21 of 1989, s. 49.
 H 4094 (333-350)—L–1
342 Mumbai Municipal Corporation Act [1888 : Bom. III

Burials within 440. (1) No person shall without the written permission of the
places of
worship and Commissioner under sub-section (2)—
exhumations
not to be made (a) make any vault or grave or internment within any wall, or underneath
without the any passage, porch, portico, plinth or verandah of any place of worship ;
permission of
the (b) make any internment or otherwise dispose of any corpse in any place
Commissioner.
which is closed for the disposal of the dead under section 438;
(c) build, dig, or cause to be built or dug, any grave or vault, or in any way
dispose of, or suffer or permit to be disposed of, any corpse as any place which is
not registered in the register kept under section 435 ;
1
(d)exhume any body except under the provisions of section 176 of [the
Code of Criminal Procedure, 1973,] or of any other law for the time being 2 of
1974.
in force, from any place for the disposal of the dead.
(2) The Commissioner may in special cases grant permission for any of
2 3
the purposes aforesaid, subject to such general or special order as the [ [State]
Government] may from time to time make in this behalf.
(3) An offence against this section shall be deemed to be a cognizable
4
offence within the meaning of sections 149,150 and 151 of [the Code of 2 of
1974.
Criminal Procedure, 1973.]

Acts prohibited 441. No person shall—

in connection
with the (a) retain a corpse on any premises, without burning, burying or
disposal of the
dead.
otherwise lawfully disposing of the same, for so long a time after death as
to create a nuisance ;
(b) carry a corpse or part of a corpse along any street without having
and keeping the same decently covered or without taking such precautions
to prevent risk of infection or injury to the public health as the Commissioner
may, by public notice, from time to time, think fit to require ;
(c) except, when no other route is available, carry a corpse or part of a
corpse along any street along which the carrying of corpses is prohibited
by a public notice issued by the Commissioner in this behalf;
(d) remove a corpse or part of a corpse, which has been kept or used for
purposes of dissection, otherwise than in a closed receptacle or vehicle;
(e) whilst conveying a corpse or part of a corpse, place or leave the same
on or near any street without urgent necessity;
(f) bury or cause to be buried any corpse or part of a corpse in a grave or
vault or otherwise in such manner as that the surface of the coffin, or when
no coffin is used, of the corpse or part of a corpse, shall be at a less depth
than six feet from the surface of the ground;
(g) build, or dig, or cause to be built or dug, any grave or vault in any
burial ground at a less distance than two feet from the margin of any other
grave or vault;
1
These words and figures were substituted for the words and figures “Code of Criminal Procedure,
1882” by Mah. 21 of 1989, s.50 (a).
2
The words “Provinicial Grovernment” were substituted for the words “Government in Council” by the
Adaptation of Indian Laws Order in Council.
3
The word “ State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4
These words and figures were substituted for the words and figures “Code of Criminal Procedure,
1882” by Mah. 21 of 1989, s.50(b).
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 343

(h) build or dig, or cause to be built or dug, a grave or vault in any burial
ground in any line not marked out for this purpose by or under the order
of the Commissioner;
(i) without the written permission of the Commissioner, re-open, for the
internment of a corpse or of any part of a corpse, a grave or vault already
occupied;
(j) after bringing or causing to be brought to a burning-ground any corpse
or part of a corpse, fail to burn or cause the same to be burnt within six
hours from the time of the arrival thereof at such ground;
(k) when burning or causing to be burnt any corpse, or part of a corpse,
permit the same or any portion thereof to remain without being completely
reduced to ashes, or permit any cloth or other article used for the
conveyance or burning of such corpse or part of a corpse to be removed or
to remain on or near the place of burning without its being completely
reduced to ashes.
1
[CHAPTER XV-A
POUNDS AND PREVENTION OF CATTLE TRESPASS.
Mah. 441A. On the date of commencement of the Bombay Municipal Corporation Sections 90 to
XVIII of and Bombay Police (Amendment) Act, 1974, the provisions of sections 90 to 94 of Bombay
1974. 94 (both inclusive) of the Bombay Police Act, 1951 (hereinafter in this section Police Act to
Bom. cease to apply
XXII of referred to as “ the said Act”), shall cease to apply to 2[Brihan Mumbai]: to 2[Brihan
1951. Provided that— Mumbai.]

(a) nothing in this section shall affect the liability of any person to any
penalty or punishment, or the liability of any person for the payment of pound
fees or expenses incurred under the said Act;
(b) any appointment, notification or order made or issued in respect of any
cattle pound or the pound fees and expenses to be charged shall, so far as it
is not inconsistent with the provisions of this Act, be deemed to have been
made or issued under this Act, and continue in force until duly altered,
repealed or amended under this Act;
(c) any cattle pound established under the said Act shall vest in the
corporation, subject to such conditions as the State Government may think
fit to impose, and shall be maintained and managed by the Corporation in
accordance with the provisions of this Act.
441B. (1) The Commissioner may, from time to time, appoint such places Power to
as he thinks fit to be public pounds, and may appoint suitable persons to be establish cattle
pounds and
keepers of such pounds. appoint
(2) Every pound-keeper so appointed shall, in the performance of his duties, poundkeepers.
be subject to the direction and control of the Commissioner.
441C. It shall be the duty of every Police Officer, and of any municipal Impounding of
officer authorised by the Commissioner in this behalf, and it shall be lawful cattle.
for any other person, to seize and take to any public pound for confinement
therein any cattle found staying in any street or trespassing upon any private
or public property.
441D. Subject to the provisions of section 441G, if the owner of the cattle, Delivery of
impounded : under the last preceding section or his agent appears and claims cattle claimed.
the cattle, the pound keeper shall deliver them to him on payment of the
pound fees and expenses chargeable in respect of such cattle under section
441F.

1
Chapter XV-A was inserted by Mah. 18 of 1974, s. 3.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.

H 4094-48
 H 4094 (333-350)—L–1
344 Mumbai Municipal Corporation Act [1888 : Bom. III

Sale of cattle 441E. (1) If within ten days after an animal has been impounded, no
not claimed. person appearing to be the owner thereof to pay the pound fees and expenses
chargeable under the next succeeding section, such animal shall be forthwith
sold by auction, and the surplus remaining after deducting the fees and
expenses aforesaid from the proceeds of the sale shall be paid to any person
who, within fifteen days after the sale, proves to the satisfaction of such
officer as the Commissioner authorises in this behalf that he was the owner
of such animal, and shall, in any other case, form part of the municipal fund.
(2) No Police Officer or poundkeeper or other municipal officer shall,
directly or indirectly, purchase any cattle at a sale under sub-section (1).
Rates of pound 441F. (1) The pound fee chargeable shall be such as the Corporation may,
fees and
expenss to be from time to time, prescribe for each kind of animal.
fixed. (2) The expenses chargeable shall be at such rates for each day during any
part of which an animal is impounded, as shall, from time to time, be fixed by
the Commissioner in respect of such animal.
441G. (1) Whoever in any part of [Briban Mumbai] allows any cattle,
1
Penalty for
allowing cattle which are his property or in his charge, to stray in any street or to tresspass
to stray in
street or to upon any private or public property shall, on conviction, be punished—
trespass upon (a) for the first offence, with imprisonment for a term which may extend to
private or
public property. one month, or with fine which may extend to three hundred rupees, or with
both :
Provided that, in the absence of special and adequate reasons to the contrary
to be mentioned in the judgement of the Court, the imprisonment shall not
be less than fifteen days and fine shall not be less than one hundred and fifty
rupees, and
(b) for the second or subsequent offences, with imprisonment for a term
which may extend to six months, or with fine which may extend to five hundred
rupees, or with both:
Provided that, in the absence of special and adequate reasons to the contrary
to be mentioned in the judgement of the Court, the imprisonment shall not
be less than three months and fine shall not be less than two hundred and
fifty rupees.
(2) The Magistrate trying an offence under sub-section (1)—
(a) may also, order that the accused shall pay such compensation, not
exceeding two hundred and fifty rupees, as the Magistrate considers
reasonable, to any person, for any damage proved to have been caused to
his property or any produce of land by the cattle under the control of the
accused trespassing on his land;
(b) shall also, order that the cattle in respect of which the offence has
been committed shall be branded with such distinguishing mark and in
such manner, as may be prescribed by the Commissioner;
(c) shall also, order that the cattle in respect of which the offence has
been committed, if already branded with a distinguishing mark as provided
above (whether the owner thereof is the same person or not) shall be
forfeited to the State Government.
(3) Any compensation awarded under sub-section (2) may be recovered as
if it were a fine imposed by the Magistrate under this section.
(4) An offence under this section shall be cognizable.]

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 345

CHAPTER XVI
VITAL STATISTICS.
Registration of Births and Deaths.
442. For the purpose of registering births and deaths, the Commissioner Appointment of
1
shall divide [Brihan Mumbai] into such and so many districts and sub-district Registrars.

as he shall from time to time think fit; and a Municipal Officer shall be a
Registrar of Births and Death of each such districts.
443. (1) Every Registrar shall reside within the district of which he is a Registrars to
reside in the
Registrar and shall cause his name, together with the words “Registrar of respective
Birth and Deaths for the district of ” to be affixed in some conspicuous place districts.
at or near the outer door of his place of abode.
1
(2) A list showing the name and place of abode of every Registrar in [Brihan
Mumbai] shall be kept at the Municipal Office and shall be open at all
reasonable times to public inspection free of charge.
444. The Commissioner shall provide and supply to the Registrar a Register books
to be supplied.
sufficient number of register-books of births and deaths for the registration
of the particulars specified in Schedules N and O, respectively; and the pages
of each of the said books shall be numbered progressively from the beginning
to the end thereof.
445. (1) Each Registrar shall inform himself carefully of every birth and Registrars to
inform
death which shall happen in his district and of the particulars concerning
themselves of
the same required to be registered according to the forms in the said all births and
schedules, and shall as soon after each such birth or death as conveniently deaths.

may be, register the same in the book supplied for this purpose by the
Commissioner, without making any charge or demanding or receiving any
fee or reward for so doing other than his remuneration as a Municipal Officer.
(2) Other Municipal Officers, besides the Registrars, may be appointed,
with the duty of informing themseles of every birth or of every death or of
every birth and every death in the district to which they are respectively
appointed and of the particulars concerning the same required to be
registered, and of submitting such information to the Registrar of the said
district or to such other person as the Commissioner directs.
446. (1) It shall be the duty of the father and mother of every child born in Information of
1
[Brihan Mumbai] and, in default of the father and mother, of the occupier of birth to be
given within
the premises in which to his knowledge the child is born, and of each person seven days.
present, at the birth and of the person having charge of the child, to give, to
the best of his knowledge and belief to the Registrar or other Municipal Officer
appointed under section 445, within seven days after such birth, information
of the particulars to be registered concerning such birth.
(2) Provided that, in the case of an illegitimate child, no person shall, as Saving for
father of such child, be required to give information under this Act concerning father of
illegitimate
the birth of such child and the Registrar shall not enter in the register the child.
name of any person, as father of such child, unless at the joint request of the
mother and of the person acknowledging himself to be the father of such
child, and such person shall in such case sign the register together with
mother.

1
These words were substituted for the words “ Greater Bombay w
by Mah. 25 of 1996, s. 2, Schedule.

H 4094-48a
 H 4094 (333-350)—L–1
346 Mumbai Municipal Corporation Act [1888 : Bom. III

Information 447. In case any new-born child is found exposed, it shall be the duty of
respecting
finding of new-
any person finding such child and of any person in whose charge such child
born child to be may be placed to give, to the best of his knowledge and belief to the Registrar
given.
or other Municipal Officer aforesaid, within seven days after the finding of
such child, such information of the particulars required to be registered
concerning the birth of such child as informant possesses.
Officers to be 448. (1) For every place for the disposal of the dead registered in the
appointed to
receive register kept under section 435 a Municipal Officer shall be appointed whose
information of duty it shall be to receive information of the particulars required to be
deaths at
places for
registered concerning the death of every person whose corpse is disposed of
disposal of the at such place.
dead.
(2) If the Commissioner shall not think fit to require the Municipal Officer
so appointed to be in constant attendance at any place for the disposal of the
dead for which he is so appointed, there shall be affixed to a conspicious part
of the entrance to such place a notice specifying the name of the Officer so
appointed for the said place and the place where he may be found.
Information of 449. (1) It shall be the duty of the nearest relatives of any person dying in
death to be
given at the
the city present at the death, or in attendance during the last illness of the
time when the deceased and, in default of such relative, of each person present at the death,
corpse of the and of the occupier of the premises in which, to his knowledge, the death
deecased is
disposed of. took place, and, in default of the persons hereinbefore in this section
mentioned, of each inmate of such premises, and of the undertaker or other
person causing the corpse of the deceased person to be disposed of, to give,
to the best of his knowledge and belief, to the officer appointed under the
last preceding section, information of the particulars required to be registered
concerning such death.
(2) The said information shall be given at or about the item that the corpse
of the deceased person is disposed of, and it shall be given in writing if the
informant can write, and otherwise orally, and the informant shall make
known to the officer aforesaid his name, designation and place of abode, and
shall attest the correctness of the information which he gives, to the best of
his knowledge and belief, by his signature or mark.
Medical 450. (1) In the case of a person who has been attended in his last illness by
Preactitioner
who attended a a duly qualified medical practitioner, that practitioner shall sign and forward
deceased to the Commissioner a certificate of the cause of such person’s death in the
person to
certify the form of Schedule P, or in such other form as shall from time to time be
cause of the prescribed by, the Commissioner in this behalf, and the cause of death as
death.
stated in such certificate shall be entered in the register, together with the
name of the certifying medical practitioner.
(2) The Commissioner shall provide printed forms of the said certificates,
l
and any duly qualified medical practitioner resident in [Brihan Mumbai]
shall be supplied, on application, with such forms, free of charge.
Preparation of 451. (1) The information concerning deaths received by every officer
register book
of death and of appointed under section 448 shall be entered by him in a register-sheet, which
mortality
returns, etc.,
shall contain the particulars specified in Schedule O, and shall be forwarded,
at such intervals as shall be prescribed by the Commissioner, through the
registrar of the district to the municipal office.
1
These words were substituted for the words w
Greater Bombay “ by Mah. 25 of 1996, Schedule.
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 347

(2) From the said register-sheets and from the certificates furnished to
him under section 450, the Commissioner shall cause the register-books of
deaths to be prepared and shall have prepared and published such tabular
returns and statements as shall appear to him to be useful for sanitary or
other purposes.
452. (1) Any clerical error which may at any time be discovered in a register Correction of
errors in
of births or in a register of deaths may be corrected by any person authorised
registers of
in that behalf by the Commissioner. births or
deaths.
(2) An error of fact or substance in any such register may be corrected by
any person authorised as aforesaid by entry in the margin, without any
alteration of the original entry, upon production to the Commissioner, by
the person requiring such error to be corrected, of a declaration on oath
setting forth the nature of the error and the true facts of the case, made
before a Magistrate by two persons required by this Act to give information
concerning the birth or death with reference to which the error has been
made or, in default of such persons, by two credible persons having knowledge
of the case, and certified by such Magistrate to have been made in his presence.
(3) Except as aforesaid no alteration shall be made in any such register.
453. (1) When the birth of any child has been registered and the name, if Registration of
any, by which it was registered, is altered or, if it was registered without a name of child
or of alteration
name, when a name is given to it, the parent or guardian of such child or of name.
other person procuring such name to be altered or given may, within twelve
months next after the registration of the birth, deliver to the Registrar. Such
certificate as hereinafter mentioned and the Registrar, upon the receipt of
that certificate shall without any erasure of the original entry, forthwith
enter in the register-book the name mentioned in the certificate as having
been given to the child.
(2) The certificate shall be in the form of Schedue Q, or as near thereto as
circumstances admit, and in the case of a Christian, shall be signed by the
minister or person who performed the rite of baptism upon which the name
was given or altered, or if the child is not baptized or is not a Christian, shall
be signed by the father, mother or guardian of the child or other person
procuring the name of the child to be given or altered.
(3) Every minister or person who performs the rite of baptism shall deliver
the certificate required by this section on demand, on payment of a fee not
exceeding one rupee.
Taking of a Census
454. At such time and in such manner as shall be directed from time to Enumeration
1 of inhabitants.
time by the Commissioner, with the sanction of the Corporation and of [the
Central Government], an enumeration shall be made of the persons who at
2
the time of making such enumeration shall be within [Brihan Mumbai]:
Provided always that, one clear month previous to such enumeration being
commenced, notice of the intention to make he same, with the date or dates
upon or within which it is intended to be made, and all other necessary
particulars, shall be given by advertisement in the 3[Official Gazette] and in
the local newspapers.
1
The words “the Central Government” were substituted for the word “ Government” by the Adaptation
of Indian Laws Order in Council.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
3
The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the
Adaptation of Indian Laws Order in Council.
 H 4094 (333-350)—L–1
348 Mumbai Municipal Corporation Act [1888 : Bom. III

Commissioner 455. The Commissioner shall superintend the taking of such enumeration,
to superintend
and shall appoint such enumerators or other subordinate officers and make
the
enumeration. such arrangements generally as may seem to him necessary for the purpose
of such enumeration.
Delivery of 456. Each enumerator or other subordinate officer appointed under the
blank
last preceding section shall, agreeably to his instructions leave at each
schedules and
returns. building or place of residence within his district, four days at least before
the time appointed for the collection of the completed returns or Census, a
blank schedule or return, of such form and containing such particulars as
1
[the Central Government] may approve, to be duly filled up and signed by
the owner, tenant or principal occupant of the said building or place or
residence.
Obligation to 457. (1) Every person at whose building or place of residence any such
fill up blank blank schedule or return is left shall correctly fill up the same and affix his
schedules and
returns. signature thereto and return it, when called upon so to do, to the enumerator
or other subordinate officer aforesaid;
or, if such person is unable to write, he shall furnish to an enumerator
when called upon so to do, the information required for correctly filling up
such schedule or return.
(2) Any person who fails to comply with any provision of sub-section (1)
may be detained in custody until he complies therewith or the requisite
information is otherwise obtained.
(3) It shall be the duty of an enumerator, if so required by any person who
is unable to write, to fill up any such schedule or return as aforesaid from
information supplied by such person.
Occupier to 458. If any enumerator or other subordinate officer employed in the
amend returns, collection of such schedules or returns shall find any of the same defective or
if found
defective. in any respect improperly filled in he may return the same to the occupant of
the building or, residence to which the same relates, together with a written
notice requiring that the same be duly filled in or amended within a period
of forty-eight hours.
Military, Naval 459. (1) Any military or naval officer, or any officer of the Bombay City
and police Police, or any master or person in charge of a merchant vessel, or nacoda or
officers and
certain others, tindal of a vessel or boat, or any person in charge of a lunatic asylum, hospital
if required to or prison or of any public or private charitable or scholastic institution, or
act as
enumeraters.
any keeper or a hotel or lodging-house, shall if required, act as an enumerator
for the purpose of taking account of persons under his command of charge or
abiding in any building in his possession, charge or control, on the night
immediately preceding the day to be appointed for the making of such
enumeration.
(2) Every person so required to act as an enumerator shall receive and
conform to all instructions in writing which may be issued to him by the
Commissioner in that behalf.
Returns of 460. The Commissioner shall obtain, by such means as shall appear to
houseless 1
him best adapted for the purpose and as shall be sanctioned by [the Central
persons.
Government], returns of the particulars required for the purpose of the
Census with respect to all houseless persons, and all persons who during the
said night preceding the day to be appointed for the making of such
enumeration were on out-door night duty, or for any other reasons were not
abiding in any building of which account is to be taken by the enumerators.

1
The words “ the Central Government” were substituted for the word “ Government” by the Adaptation
of Indian Laws Order in Council.
 H 4094 (333-350)—L–1
1888 : Bom. III] Mumbai Municipal Corporation Act 349
1
[CHAPTER XVI-A
2
THE [BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING]
The operation of the undertaking and the construction and
maintenance of works
460A. (1) Subject to the superintendence of the [Brihan Mumbai Electric
3
Management
Supply and Transport Committee] and of the Corporation, the General of Undertaking
2 by General
Manager shall manage the [Brihan Mumbai Electric Supply and Transport Manager.
Undertaking] and perform all acts, necessary for the economical and efficient
maintenance, operation, administration and development of the undertaking.
(2) Without prejudice to the generality of the foregoing provision, the
4
General Manager may, with the sanction of the [Brihan Mumbai Electric
Supply and Transport Committee] and subject to the restrictions or conditions
imposed by this Act 5 * * * * * either within or without the city—
(a) construct or acquire, transport undertakings, including tramways,
trackless trams and mechanically propelled transport facilities for the
conveyance of the public subject to the provisions of the Motor Vehicles Act,
IV of 1939* for of any other enactment for the time being in force and the conditions
1939. of any licence. Permit of sanction in favour of the Corporation granted
thereunder;
(b) construct or acquire, subject to the provisions of the Electricity Act,
IX of 1910, or of any other enactment for the time being in force and the conditions
1910. of any licence or sanction in favour of the Corporation granted thereunder,
undertakings for the generation or supply of electrical energy and for electric
traction, and enter into any agreement with any person for the supply of
electrical energy to or by the Corporation;
(c) construct buildings and works of every description necessary or
desirable for the operation or development of the 6[Brihan Mumbai Electric
Supply and Transport Committee];
(d) purchase or take on lease or hire or otherwise acquire any movable or
immovable property or rights ;
(e) exercise any of the powers of a licensee under the Indian Electricity
IX of Act, 1910 or any other enactment for the time being in force relating to the
1910. generation, or supply of electrical energy which the Corporation is for the
time being authorised to exercise and any other powers exercisable by the
corporation under such enactment or under any licence thereunder granted
in favour of the Corporation; and
(f) exercise any of the powers of a licensee holding a stage carriage permit
under the Motor Vehicles Act, 1939* which the Corporation is for the time
being authorised to exercise and any other powers exercisable by the
Corporation under the said Act in relation to the provision of mechanically
propelled transport facilities for the conveyance of the public.
7
[ (3) Where, any proposal of the General Manager requires the sanction
or approval of the Brihan Mumbai Electric Supply and Transport Committee
or the corporation, the Brihan Mumbai Electric Supply and Transport
Committee or, as the case may be, the corporation, shall consider and dispose
of any such proposal within forty-five days in case of the said Committee
and ninety days in case of the corporation, reckoned from the date of the
1
The Chapter containing sections 460A to 460PP was inserted by Bom. 48 of 1948, s. 40.
2
These words were substituted for the words “the Bombay Electric Supply and Transport Undertaking”
by Mah. 25 of 1996, s. 2 Schedule.
3
These words were substituted for the words “Mayor-in-Council ” by Mah. 27 of 1999, s. 165 (a).
4
These words were substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 165 (b)(i).
5
These words were deleted, by Mah. 27 of 1999, s. 165(b)(ii).
6
These words were substituted for the words “Departmental Standing Committee” by Mah. 27 of 1999,
s. 165 (b)(iii)(A).
7
Sub-section (3) was added by Mah. 17 of 2012, s. 4.
* See now the Motor Vehicles Act, 1988 (59 of 1988).
 H 4094 (333-350)—L–1
350 Mumbai Municipal Corporation Act [1888 : Bom. III

meeting of the Brihan Mumbai Electric Supply and Transport Committee or,
as the case may be, the corporation, held immediately after the proposal is
received by the Secretary of the said Committee or as the case may be, the
Municipal Secretary, whether the item pertaining to such proposal is taken
on agenda of such meeting or not, failing which, sanction or approval to such
proposal shall be deemed to have been given by the Brihan Mumbai Electric
Supply and Transport Committee or, as the case may be, the corporation,
and a report to that effect shall be made by the General Manager to the
Government and it shall be lawful for the General Manager to take further
action as per the directives of the Government :
Provided that, any such deemed sanction or approval shall be restricted to
the extent the proposal conforms to the provisions of this Act or any other
law for the time being in force].
Power of 460B. (1) Without prejudice to any other powers exercisable by him, the
access to General Manager may for the purpose of inspecting or repairing or executing
works. 1
any work upon or in connection with the [Brihan Mumbai Electric Supply
and Transport Undertaking]—
(a) enter upon and pass through any land within or without the city in
whomsoever such land vests;
(b) convey into and through any such land all necessary materials, tools
and implements.
(2) In the exercise of the powers conferred by sub-section (1) as little damage
as the circumstance permit shall be done and compensation for any damage
so done shall be paid by the General Manager.
Power of 460C. (1) For the purpose of carrying out, renewing and repairing works
carrying, in connection with the 1[Brihan Mumbai Electric Supply and Transport
renewing and
repairing
Undertaking] (other than works to which the provisions of the Indian IX of
works. Electricity Act, 1910, apply) the General Manager may, either within or 1910.
without the City, exercise the same powers as under the provisions of this
Act the Commissioner may exercise for carrying, renewing and repairing
drains within the city, subject to the same restrictions as are by this Act
imposed on the exercise of such powers :
Provided that in the construction of tramways the General Manager shall
not without the consent of the owner, lay rails over or upon land which is not
vested in the Corporation, other than land forming part of a street.
(2) When a work undertaken by the General Manager involves the opening
or breaking up of any street, such work shall be commenced and carried out
in consultation with Commissioner or with such officer as the Commissioner
may designate in this behalf.
2
* * * *
Reservation of 460F. Nothing in this Chapter shall affect the power of the Bombay Gas
power over Company Ltd., under the provisions of the Gas Companies Act, 1863, to take Bom. V
streets of up any of the streets traversed by the tramway of the 1[Brihan Mumbai Electric of 1863.
Bombay Gas
Co. Ltd.
Supply and Transport Undertaking] for the purposes for which they may
lawfully take up the same:
Provided that—
(i) as little detriment or inconvenience to the undertaking shall be caused
as the circumstances permit;
(ii) before any work whereby traffic on the tramway will be interrupted is
commenced, previous notice of not less than eighteen hours shall be given to
the General Manager, except in cases of urgency, specifying the time at which
the work will be commenced; and
(iii) the Bombay Gas Company Ltd., shall not be liable to pay any
compensation for injury done to the tramway by the execution of such work,
or for loss of traffic occassioned thereby, or for the reasonable exercise of the
powers vested in them as aforesaid.
1
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2, Schedule.
2
Sections 460D and 460E were deleted by Mah. 10 of 1998, s. 200.
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 351

460 G. (1) No building, wall or other structure shall be newly erected, Restriction on
building and
and no street or minor railway shall be constructed over, or in such a manner other acts
as to interfere with, any work constructed or maintained for the purposes of interfering
the 1[Brihan Mumbai Electric Supply and Transport Undertaking] except with works of
with the written permission of the General Manager. the
undertaking.

(2) The General Manager may, with the approval of the 2[Brihan Mumbai
Electric Supply and Transport Committee] cause any building, wall or other
structure erected, or any street or railway constructed, in contravention of
sub-section (1) to be removed or otherwise deal with as he deems fit, and the
expenses incurred therefor shall be paid by the person responsible.

Fixing Fares and Charges

460H. (1) Fares and charges shall be leviable for the conveyance of Levy of fares
and charges for
passengers or for the carriage of goods by any means of transport provided transport
by the 1[Brihan Mumbai Electric Supply and Transport Undertaking] at such services 7[and
rates as may from time to time be fixed subject to the provisions of any penalty for
failure to pay
enactment for the time being in force and any licence granted to the proper fares
corporation thereunder, by the 3[Brihan Mumbai Electric Supply and and excess
Transport Committee] with the approval of the corporation : charges.]

[Provided that, no fare or charge shall be leviable from the freedom fighters
4

holding identity cards issued by the Central or State Government or from

the freedom fighters holding identity card-cum-pass issued by the 1[Brihan
Mumbai Electric Supply and Transport Undertaking]].

(2) A printed list in English, Marathi, Hindi and Gujarati of all the fares
and charges levied for the time being under this section shall be exhibited in
a conspicuous pace inside each vehicle used by the 1[Brihan Mumbai Electric
Supply and Transport Undertaking] for the conveyance of the public.

(3) The fares and charges levied under this section shall be paid to such
persons, at such places upon or near the prescribed route of the transport
service, and in such manner and under such regulations, as the 5[General
Manager] shall, by notice to be annexed to the list of fares, appoint.

[(4) (a) If a passenger travelling or having travelled in any vehicle of the

6
1
[Brihan Mumbai Electric Supply and Transport Undertaking] avoids or
attempts to avoid payment of the fare for his journey, at the rates fixed by
the Undertaking, or

(b) if a passenger having paid the fare for a certain distance proceeds in
such vehicle beyond that distance and does not pay the additional fare for
the additional distance or avoids or attempts to avoid such payment,

he shall be liable to pay, on demand, by any officer or servant of the Undertaking

authorised by the General Manager, an excess charge 8 [equal to ten times of the

1
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s. 2 Schedule.
2
These words were substituted for the words “Member-in-charge ” by Mah. 27 of 1999, s. 166.
3
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 167 (a).
4
This proviso was added by Mah. 12 of 1993, s. 6.
5
These words were substituted for the words “ Brihan Mumbai Electric Supply and Transport
Committee ” by Mah. 10 of 1998, s. 202(b).
6
Sub-sections (4), (5), (6) and (7) were substituted by Mah. 42 of 1976, s. 12 (a).
7
These words were added by Mah. 42 of 1976, s. 12 (b).
8
These words were substituted for the words “ten rupees” by Mah. 24 of 2006, s. 2.
 H 4094 (347-366) L-1
352 Mumbai Municipal Corporation Act [ 1888 : Bom. III

fare due] or such lower sum as the General Manager with the approval of the
1
[Brihan Mumbai Electric Supply and Transport Committee] may determine,
in this behalf. The liability to pay this excess charge shall be in addition to his
liability to pay the ordinary single fare for the distance he has travelled. Where
there is any doubt as to the stop from which he started, such fare shall be calculated
from the stop from which the vehicle originally started. Where any passenger
has travelled additional distance, the liability to pay the excess charge shall be
addition to his liability to pay the difference between any fare paid and the fare
payable for the additional distance travelled.

(5) If a passenger liable to pay the excess charge with the fare or the additional
fare, as the case may be, as provided in sub-section (4) is willing to pay the amount
due but is unable to pay the same on the spot, he may give his true name and
address to the officer or servant of the Undertaking authorised under sub-section
(4) and an undertaking in the form settled by the Undertaking to pay the amount
due within fifteen days by money order or in cash to the officer of the Undertaking
specified in such form. If the passenger fails to pay the amount or any portion
thereof accordingly within fifteen days from the date on which he was called upon
to pay the amount, he shall, on conviction, be punished with imprisonment for a
term which may extend to one month, or with fine which may extend to two
hundred rupees, or with both.
(6) If a passenger liable to pay the excess charge with the fare or the additional
fare, as the case may be, as provided in sub-section (4) refuses to pay the amount
due or any portion thereof on demand being made therefor by any officer or
servant of the Undertaking authorised under sub-section (4), he shall, on
conviction, be punished with imprisonment for a term which may extend to one
month, or with fine which may extend to two hundred rupees, or with both.
(7) It shall be lawful for any authorised officer or servant of the Undertaking
and all persons called in by any of them for his assistance, to arrest and hand
over to the Officer-in-charge of the nearest police station any passenger, who
commits or attempts to commit contravention of sub-section (4), and who on
demand refuses to give his true name and address or where there is reason to
believe that the name or address given by him is not correct. Such police officer
shall adopt such legal measures as may be necessary to cause that person to be
taken before a Metropolitan Magistrate with the least possible delay.]
Levy of 460I. Charge shall be leviable for the supply of electrical energy by the
charges for 2
[Brihan Mumbai Electric Supply and Transport Undertaking] at such rates as
electricity.
may from time to time be fixed, subject to the provisions of any enactment for
the time being in force and of any licence granted to the corporation thereunder,
by the 3[Brihan Mumbai Electric Supply and Transport Committee] with the
approval of the corporation.
4
* * * * *
Contracts entered into for the purposes of the undertaking
Making of 460K. With respect to the making of contracts for the purposes of the
contracts. 2
[Brihan Mumbai Electric Supply and Transport Undertaking] (including
contracts relating to the acquisition and disposal of immovable property or any
interest therein, or any right thereto) the following provisions shall have effect,
namely:—
(a) every such contract shall be made on behalf of the corporation by the
General Manager ;
(b) no such contract for any purpose which, in accordant with any provision
of the Chapter, the General Manager 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 been duly given ;

1
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s.167(b).
2
These words were substituted for the words “ Bombay Electric Supply and Transport Committee ”
by Mah. 25 of 1996, s. 2, Schedule.
3
These words were substituted for the words “ Member-in-Charge ” by Mah. 27 of 1999, s. 168.
4
Section 460J was deleted, by Mah. 10 of 1998., s. 204.
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 353

1
[(c) no contract which will involve an expenditure exceeding 2[fifty lakhs
rupees] shall be made by the General Manager unless the same, is previously
approved by the Brihan Mumbai Electric Supply and Transport Committee:
Provided that, where the previous approval of the Committee is sought for
any such contract by the General Manager, the Committee shall consider and
dispose of such proposal within thirty days from the date of’on which the item
is first included in the agenda of any meeting of the Committee, failing which
, the previous approval shall be deemed to have been given by the Committee
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 Committee;
(d) every contract made by the General Manager involving an expenditure
exceeding 3[five lakhs rupees] shall be reported by him within fifteen days after
the same has been made to the Brihan Mumbai Electric Supply and Transport
Committee;]
(e) the foregoing provisions of this section shall, as far as may be, apply to
every contract which the General Manager 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.
460L. (1) Every contract entered into by the General Manager on behalf of Mode of
executing
the corporation for the purposes of the 4[Brihan Mumbai Electric Supply and contracts.
Transport Undertaking] shall be entered into such manner and form as would
bind the General Manager if such contract were on, his own behalf, and may in
the like manner and form be varied or discharged:
Provided that every contract for the execution of any work or the supply of
any materials or goods which will involve an expenditure exceeding 5[ten lakh
rupees] or for the disposal of property of the corporation exceeding 6[twenty
thousand rupees] in value shall be in writing and shall be signed by the General
Manager and countersigned by 7[two Members of the Brihan Mumbai Electric
Supply and Transport Committee 8[or by two officers of the Brihan Mumbai
Electric Supply and Transport Undertaking to whom the powers have been
delegated by the General Manager]].
(2) No contract which is not excecuted in accordance with the provisions of
sub-section (1) shall be binding upon the corporation.
460M. (1) Except as is hereinafter otherwise provided, the General Manager Tenders to be
invited for
shall, at least seven days before entering into any contract for the execution of conrtracts
any work or the supply of any materials or goods which will involve an involving
expenditure exceeding 9[three lakhs rupees] give notice by advertisement in expenditure
exceeding
the local newspaper inviting tenders for such contract. 11
[rupees fifty
10
[ Provided that, the notice of any tender for contract not exceeding three thousand].
lakhs rupees shall be uploaded on the official website of the Brihan Mumbai
Electric Supply and Transport Undertaking.].
(2) The General Manager shall not be bound to accept any tender which may
be made in pursuance of such notice, but may accept, subject to the provisions
of clause (c) of section 460K, any of the tenders so made which appears to him,
upon a view of all the circumstances, to be the most advantageous:
1
Clauses (c) and (d) were substituted by Mah. 27 of 1999, s. 169.
2
These words were substituted by Mah. 17 of 2012, s.5(1).
3
These words were substituted by Mah. 17 of 2012, s.5(2).
4
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2, Schedule.
5
These words were substituted for the words “ one lakh rupees ” by Mah. 10 of 1998, s. 206 (a).
6
These words were substituted for the words “ five thousands rupees ” by Mah. 10 of 1998, s. 206 (b).
7
These words were substituted for the words “ Member-in-charge ”, by Mah. 27 of 1999, s. 170.
8
These words were added by Mah. 17 of 2012, s.6.
9
These words were substituted by Mah. 17 of 2012, s.7 (1).
10
This proviso was added by Mah. 17 of 2012, s.7 (2).
11
These words were substituted for the letter and figures “ Rs. 3000 ” by Mah. 10 of 1998, s. 207 (c).
 H 4094 (347-366) L-1
354 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Provided that the 1 [Brihan Mumbai Electric Supply and Transport

Committee] may authorise the General Manager for reasons which shall be
recorded in their proceedings to enter into a contract without inviting tenders
as herein provided or without accepting any tender which he may receive after
having invited them.
Security to be 460N. The General Manager shall require sufficient security for the due
taken for
performance of
performance, of every contract into which he enters under section 460M and
contracts. may, 2[in his discretion] require security for the due performance of any other
contract into which he enters under this Act.
Acquisition and disposal of property
Acquisition of 460O. (1) Whenever it is necessary or expedient of the purposes of the
immovable 3
[Brihan Mumbai Electric Supply and Transport Undenaking] that the General
property by
agreement. Manager shall acquire any immovable property, such property may be acquired
by the General Manager on behalf of the corporation by agreement on such
terms and at such rates or prices or at rates or prices not exceeding such
maximum as shall be approved by the 4[Brihan Mumbai Electric Supply and
Transport Committee] either generally for any class of cases or specially in
any particular case.
(2) No contract for the acquisition of any immovable property shall be valid,
if the price to be paid for such property exceeds five thousand rupees unless
and until such contract has been approved by the 5[Brihan Mumbai Electric
Supply and Transport Committee].
Procedure 460P. (1) Whenever the General Manager is unable to acquire any immovable
when property under section 460O by agreement, the 6[State] Government may, in
immovable
property
its discretion, upon the application of the General Manager made with the
cannot be approval of the 4[Brihan Mumbai Electric Supply and Transport Committee]
acquired by and, subject to the other provisions of this Act, order proceedings to be taken
agreement.
for acquiring the same on behalf of the corporation as if such property were
land needed for a public purpose within the meaning of the Land Acquisition I of
Act,1894. 1894.

(2) The amount of compensation awarded and all other charges incurred in
the acquisition of any such property shall, subject to the other provisions of
this Act, be forthwith paid by the General Manager and thereupon the said
property shall vest the Corporation for the purposes of the 3[Brihan Mumbai
Electric Supply and Transport Undertaking.]
Provisions 460Q. With respect to the disposal of property vesting in the corporation
governing for the purposes of the 3[Brihan Mumbai Electric Supply and Transport
disposal of
municipal Undertaking] the following provision shall have effect, namely:—
property. (a) the General Manager may 7* * * * dispose
of by sale, hire purchase or otherwise, any movable property belonging to
the corporation not exceeding in value in each instance, 8[ten thousand rupees];
(b) the General Manager may grant a lease of any immovable property
belonging to the corporation for any period not exceeding twelve months at
a time :
9
[Provided that, every lease granted by the General Manager (other than
a contract for monthly tenancy) the annual rent of which exceeds 10[seventy-
five thousand rupees] shall be reported by him, within fifteen days after the
same has been granted, to the 11[Brihan Mumbai Electric Supply and
Transport Committee].
1
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 171.
2
These words were substituted for the words “with the approve of the Member-in-charge ” ibid., s. 172.
3
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2 Schedule.
4
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 173 (a) and 174.
5
These words were substituted for the words “ the Member-in-charge and, if the price exceeds ten thousands
rupees, by the Mayor-in-Council ” by Mah. 27 of 1999, s. 173(b).
6
This word was substituted for the word “Provincial ” by the Adaptation of Laws Order, 1950.
7
These words “ with the approval of the Member-in-charge ” were deleted by Mah. 27 of 1999, s. 175(a).
8
These words were substituted for the words “ two thousand rupees ” by Mah. 17 of 2012, s. 8 (1).
9
This proviso was substituted by Mah. 10 of 1998, s. 211 (b).
10
These words were substituted for the words “ fifteen thousand rupees ” by Mah. 17 of 2012, s. 8 (2).
11
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s.175 (b).
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 355

(c) with the sanction of the 1[Brihan Mumbai Electric Supply and Transport
Committee] the General Manager may dispose of, by sale or otherwise, any
movable property belonging to the corporation of which the value does not
exceed 2[five lakh rupees] and may grant a lease of any immovable property
belonging to the corporation 3[for any continuous period] exceeding one year,
or sell or grant a lease in perpetuity of any immovable property belonging to
the corporation the value whereof does not exceed 4[five lakh rupees] of the
annual rental whereof does not exceed 5[fifty thousand rupees];
(d) with the sanction of the corporation, the General Manager may lease,
sale or otherwise convey any property, movable or immovable, belonging to
the corporation.
Officers and Servants
460R. (1) The General Manager shall, from time to time, prepare and bring Schedule of
permanent
before the 1[Brihan Mumbai Electric Supply and Transport Committee] a officers and
schedule setting forth the designations and grades of the officers and servants, servants to be
who should in his opinion, be permanently maintained for the purposes of the prepared by
General
5
[Brihan Mumbai Electric Supply and Transport Undertaking], and the amount Manager and
and nature of the salaries, fees and allowances which he proposes should be sanctioned by
1
[Brihan Mumbai
paid to each. Electric Supply
(2) The 1[Brihan Mumbai Electric Supply and Transport Committee] shall and Transport
Committee.]
sanction such schedule either as it stands or subject to such modifications as
they deem expedient:
Provided that—
(a) no new permanent post of which the aggregate emoulments exceed 6[ten
thousand rupees] per mensem shall be created without the sanction of the
corporation; and
(b) the corporation may by resolution direct that the scales of pay of any
specified classes or grades of officers or servants shall not be varied without
the approval of the corporation and, so long as such resolution is in force,
the 1[Brihan Mumbai Electric Supply and Transport Committee] shall not
authorise any variation in such scales without such approval.
460S. No permanent officer or servant shall be entertained in any department Restriction on
appointment of
of the 7[Brihan Mumbai Electric Supply and Transport Undertaking] unless permanent
his office and emoluments are included in the schedule at the time being in officers and
servants.
force, prepared and sanctioned under section 460R.
460T. The General Manager may create temporary posts carrying a monthly Creation of
temporary post.
salary exclusive of allowances not exceeding 8[ten thousand rupees] per
mensem for a period of not more than six months and no such posts shall be
continued beyond such period without the previous sanction of the 1[Brihan
Mumbai Electric Supply and Transport Committee].
(2) The 1[Brihan Mumbai Electric Supply and Transport Committee] may
create tempoary posts carrying a monthly salary exclusive of allowances
exceeding 9[ten thousand rupees] per mensem for a period of not more than
six months. The 10[Committee] shall forthwith report to the corporation the
creation of every such post and no such post shall be continued beyond a period
of six months without the previous sanction of the corporation.
1
These words were substituted lor the words “Mayor-in-Council” by Mah. 27 of 1999, s.175 (c) and 176.
2
These words were substituted for the words “one lakh rupees”, by Mah. 17 of 2012, s. 8 (3) (i).
3
These words were substituted for the words “for any period”, by Mah. 17 of 2012, s. 8 (3) (ii).
4
These words were substituted for the words “one lakh rupees”, by Mah. 17 of 2012, s. 8 (3) (i).
5
These words were substituted for the words “ten thousand rupees”, by Mah. 17 of 2012, s. 8 (3) (iii).
6
These words were substituted for the words “four hundred rupees”, by Mah. 17 of 2012, s. 9.
7
These words were substituted by Mah. 25 of 1996, s. 2, Schedule.
8
These words were substituted for the words “four hundred rupees”, by Mah. 17 of 2012, s. 10(1).
9
These words were substituted for the words “four hundred rupees”, by Mah. 17 of 2012, s. 10(2).
10
This word was substituted for the words “Mayor-in-Council”, by Mah. 27 of 1999, s. 177(b).
 H 4094 (347-366) L-1
356 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Power of 460U. Subject to the provisions of sections 1[80B,] 460R and 460T, the
appointment in
whom to vest. power of appointing municipal officers and servants for the purposes of the
2
[Brihan Mumbai Electric Supply and Transport Undertaking] shall vest in
the 3[Brihan Mumbai Electric Supply and Transport Committee, if the post
is equivalent to or higher than the post of Secretary set forth in the schedule
sanctioned by the Brihan Mumbai Electric Supply and Transport Committee]
and the corporation under section 460R 4[and in the General Manager in all
other cases].
5
[Brihan 460V. (1) The 5[Brihan Mumbai Electric Supply and Transport Committee]
Mumbai
Electric Supply
shall, from time to time frame regulations applicable to municipal officers and
and Transport servants, appointed under this Chapter in regard to the following matters :—
Committee] to
frame service (a) fixing the amount and the nature of the security to be furnished by any
regulations. municipal officers or servants from whom it may be deemed expedient to
requires security ;
(b) regulating the grant of leave to municipal officers and servants ;
(c) authorizing the payment of allowances to the said officers and servants
or to certain of them, whilst absent on leave ;
(d) determining the remuneration to be paid to the persons appointed to
act for any of the said officers or servants during their absence on leave ;
(e) authorizing the payment of travelling or conveyance allowances to the
said officers and servants;
(f) regulating the period of service of all the said officers and servants ;
(g) determining the conditions under which the said officers and servants
or any of them, shall on retirement or discharge receive pensions, gratuities,
or compassionate allowances, and under which the widows, or such other
relations as may be prescribed, dependent on any of the said officers and
servants shall, after their death, receive compassionate allowances and the
amounts of such pensions, gratuities or compassionate allowance;
(h) authorizing the payment of contributions, at certain prescribed rates
and subject to certain prescribed conditions, to any pension or provident
fund which may with the approval of 6[the Committee], be established by the
said officers and servants or such provident fund, if any, as may be established
by 6[the Committee] for the benefit of the said officers and servants ;
(i) in general prescribing any other conditions of service of the said officers
and servants.
(2) No regulation made by the 5[Brihan Mumbai Electric Supply and
Transport Committee] under the section shall have any force or validity unless
and until it has been confirmed by the corporation.
(3) For the purpose of clause (h) of sub-section (1) any fund established
prior to the acquisition of any undertaking by the corporation shall upon the
undertaking becoming part of the 2[Brihan Mumbai Electric Supply and
Transport Undertaking] be deemed to be established in the manner
mentioned in the said clause, if upon the acquisition of such undertaking
arrangements are made by the 5[Brihan Mumbai Electric Supply and
Transport Committee] for the continuance of the fund.
1
These figures and letter were inserted by Mah. 11 of 1964, s. 9.
2
These words were substituted for the words “ Brihan Mumbai Electric Supply and Transport
Committee” by Mah. 25 of 1996, s.2, Schedule.
3
This portion was substituted by Mah. 27 of 1999, s. 178.
4
These words were substituted for the words “ Bombay Electric Supply and Transport Committee” by
Mah. 12 of 1990, s. 5 (b).
5
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s. 179 (a), (b),
(c) and (d).
6
These words were substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s. 179 (a) (ii).
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 357

460W. Every municipal officer and servant appointed under the provisions Power of
suspending,
of this Chapter may be fined, reduced, suspended or dismissed for any breach punishing and
dismissing in
of departmental rules or discipline or for carelessness, unfitness, neglect of whom to vest.
duty or other misconduct, by the authority by whom such officer or servant
is appointed.
460X. (1) Subject to the provisions of any regulations made under section Leave of
absence.
460V, the General Manager may grant leave of absence to any officer or
servant the power to appoint whom vests in him and for a period not
exceeding three months to any other officer or servant appointed under the
provisions of this Chapter.
1
[(2) The Brihan Mumbai Electric Supply and Transport Committee may
grant leave of absence for a period exceeding three months to any officer or
servant appointed by the Committee.]
460Y. The appointment of a person to act in the place of an officer or Acting
appointment.
servant appointed under the provisions of this Chapter when absent on leave
may be made, when necessary, and subject to the regulations aforesaid, by
the same authority who grants leave of absence.
REVENUE AND EXPENDITURE
The [Brihan Mumbai Electric Supply and Transport Fund]
2

460Z. Except as provided in section 460HH all moneys received by or on Constitution of

2
[Brihan Mumbai
behalf of the corporation in respect of the operations of the 2[Brihan Mumbai ELectric Supply
Electric Supply and Transport Undertaking] shall be credited to a fund, which and Transport
Fund].
shall be called the city of 2[Brihan Mumbai Electric Supply and Transport
Fund] and which shall, subject to the provisions herein contained be held by
the corporation in trust for the purpose of the said undertaking.
460AA. All moneys payable to the credit of the 2[Brihan Mumbai Electric General
Manager to
Supply and Transport Fund] shall be received by the General Manager and receive payments
shall be forthwith paid into the 3[State Bank of India] or such banks in the on account of
2
[Brihan Mumbai
city as may be approved by the corporation from time to time in this behalf ELectric Supply
to the credit of an account which shall be styled ‘ the account of the 2[Brihan and Transport
Fund] and to
Mumbai Electric Supply and Transport Fund ]’: lodge them in
bank.
Provided that the General Manager may, subject to any general or special
directions issued by the 4[Brihan Mumbai Electric Supply and Transport
Committee] retain such balances in cash as may be necessary for the
operations of the 4 [Brihan Mumbai Electric Supply and Transport
Undertaking].
5
[460BB. (1) Subject as hereinafter provided, no payment shall be made by How 2[Brihan
Mumbai ELectric
the Bank aforesaid out of the 2[Brihan Mumbai Electric Supply and Transport Supply and
Fund] except on a cheque singed by two persons in the manner specified below, Transport Fund]
shall be drawn
namely:— against.
(a) by the Commissioner, or by the General Manager, or by the Deputy
General Manager or in their absence by a municipal officer whose name appears
in a list of officers approved by the 6[Brihan Mumbai Electric Supply and
Transport Committee] authorised to sign cheques; and
(b) by a municipal officer whose name appears in the said list :
1
This sub-section was substituted by Mah. 27 of 1999, s. 180.
2
These words were substituted for the words “ Bombay Electric Supply and Transport Fund ” by Mah.
25 of 1996, Schedule.
3
These words were substituted for the words “ the Imperial Bank of India “ by Mah. 10 of 1998,
s. 217 (a).
4
These words were substituted for the words ‘ Mayor-in-Council’ by Mah. 27 of 1999, s. 181.
5
Section 460BB was substituted for the original by Mah. 39 of 1961. s. 12.
6
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 182 (a).
 H 4094 (347-366) L-1
358 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Provided that, cheque for an amount not exceeding two thousand rupees
if signed by the Commissioner or by the General Manager or by the Deputy
General Manager or by two officers whose names appear in the said list
shall be sufficient authority for the payment of the amount there out of the
fund by the said Bank.
(2) Payment of any sum due by the Corporation out of the 1[Brihan Mumbai
Electric Supply and Transport Fund] in excess of one hundred rupees (or
such higher amount as 2[the Brihan Mumbai Electric Supply and Transport
Committee] from time to time, may fix generally or for any specified class of
payments) shall be made by means of a cheque signed as aforesaid, and not
in any other way.
(3) Payments not covered by sub-seclion (2) may be made by the General
Manager in cash or cheques for a sum not exceeding five thousand rupees
each (or such higher amount as 2[the Brihan Mumbai Electric Supply and
Transport Committee] may from time to time fix) signed as aforesaid, being
drawn from time to time to cover such payments.]
Deposit of 460CC. Notwithstanding anything contained in sections 460AA and 460BB,
portion of
[Brihan Mumbai
1 the General Manager may, with the previous approval of the 2[Brihan Mumbai
Electric Supply Electric Supply and Transport Committee] from time to time, remit to and
and Transport
Fund] may be deposit with a bank or other agency at any place beyond the city any portion
made with bank of the 1[Brihan Mumbai Electric Supply and Transport Fund] and any money
or agency out of
3
[Brihan payable to the credit of the 1[Brihan Mumbai Electric Supply and Transport
Mumbai] when Fund] or chargeable there against, which can, in the opinion of the General
convenient.
Manager, be most conveniently paid into or out of the account of the fund at
any such bank or agency may be so paid.

Only sums 460DD. (1) Except as hereinafter provided, no payment of any sum shall
covered by
budget-grant to
be made by the General Manager out of the 1[ Brihan Mumbai Electric Supply
be expended and Transport Fund], unless the expenditure of the same is covered by a
from 1[Brihan
Mumbai Electric current budget grant and sufficient balance of such budget-grant is still
Supply and available, notwithstanding any reduction or transfer thereof which may have
Transport
Fund]. been made under section 133 or 134 :
Provided that the following items shall he excepted from this prohibition,
namely:—
(a) sums of which the expenditure has been sanctioned by the 2[the Brihan
Mumbai Electric Supply and Transport Committee] under section 132 ;
(b) repayments of money belonging to contractors, consumers or other
persons held in deposit and of money collected or credited to the 1[ Brihan
Mumbai Electric Supply and Transport Fund] by mistake ;
(c) sums which the General Manager is under the provisions of this Act or
any other enactment required or empowered to pay by way of compensation ;
(d) sums payable in any of the circumstances mentioned in clause (f) of
section 460GG ;

1
These words were substituted for the words “ Bombay Electric Supply and Transport Fund ”, by Mah. 25 of
1996, s. 2, Schedule.
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 182(b) and (c), 183,
184 (a).
3
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 359

(e) costs incurred by the General Manager under section 64 ;

(f) any sum required to make good to the municipal fund, any payment
made by the Commissioner out of the municipal fund under the provisions of
section 115 for the purpose of the 1[Birihan Mumbai Electric Supply and
Transport Undertaking] :
[Provided further that, in the case of an emergent necessity for funds,
2

and upon a representation by 3[the Standing Committee] to the Corporation,

the Corporation may, with the previous sanction of the State Government
(which sanction may be given subject to such terms and conditions as to
repayment and other matters as that Government thinks fit,) authorise the
General Manager to pay from the 4[Brihan Mumbai Electric Supply and
Transport Fund] into the municipal fund such sum as may be specified, as a
temporary advance for meeting such emergency.]
(2) In sub-section (1) ‘ budget-grant ’ means a budget-grant within the
meaning of that terms as defined in section 130 and includes any sum by
which such budget-grant may at any time be increased by a transfer under
sub-section (1) of section 133.
460EE. The 5[Officers of the Brihan Mumbai Electric Supply and Draft on 4[Brihan
Mumbai Electric
Transport Undertaking] shall not sign any cheque under section 460BB Supply and
Transport Fund]
without first satisfying themselves that the sum for which such cheque is to be checked by
drawn is either covered by a budget-grant as aforesaid or is an item one of 5
[Officers of the
Brihan Mumbai
the excepted descriptions specified in the proviso to sub-secction (1) of section Electric Supply
and Transport
460DD. Undertaking].

460FF. Whenever any sum is expended by the General Manager under Procedure when
money not
clause (c) or (d) of the proviso to sub-section (1) of section 46ODD he shall covered by
forthwith communicate the circumstances to the 6[Brihan Mumbai Electric budget-grant is
expended under
Supply and Transport Committee] who shall take such action under sub- clause (c) or (d) of
the proviso to
section (2) of section 133 or recommend to the corporation to take such action sub-section (1) of
as shall, in the circumstances, appear possible and expedient for covering 460DD.

the amount of the additional expenditure.

1
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking” by Mah. 25
of 1996, s. 2, Schedule.
2
This proviso was added by Mah. 32 of 1966, s. 6.
3
These words were substituted for the words “ The Mayor-in-Council” by Mah. 27 of 1999, s. 184(b).
4
These words were substituted for the words “ Bombay Electric Supply and Transport Fund ” by Mah. 25 of 1996,
s. 2, Schedule.
5
These words were substituted for the words “ members of the Brihan Mumbai Electric Supply and Transport
Undertaking” by Mah. 10 of 1998, s. 221.
6
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 185.
 H 4094 (347-366) L-1
360 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Purposes for
which the
460GG. The money from time to time credited to the 1[Brihan Mumbai
1
[Brihan Mumbai Electric Supply and Transport Fund] shall be applied in payment of all sums,
Electric Supply
and Transport charges and costs necessary for the purposes of acquiring, maintaining,
Fund] is to be operating and improving the 2[Brihan Mumbai Electric Supply and Transport
applied.
Undertaking] and of carrying into effect the provisions of this Chapter, or of
which the payment shall be duly directed or sanctioned by or under any of
the provisions of this Act, inclusive of—
(a) the repayment of the municipal fund of any amount disbursed therefrom
for the purposes of the 2[Brihan Mumbai Electric Supply and Transport
Undertaking] including the cost of, or reasonable charges for, all supplies
provided and services rendered for any such purpose by the Commissioner
at the charge of the municipal fund ;
(b) the payment to the municipal fund of a sum of money equivalent to the
sum which would have been payable under this Act on account of rates, taxes,
fees or other imposts in respect of lands and buildings and other properties
moveable and immovable, of the 2[Brihan Mumbai Electric Supply and
Transport Undertaking] if the said lands, buildings and other properties
had not vested in the corporation ;
3
[(c) the payment of the salary and other allowances of the” 4* * * * General
Manager];
(d) the payment of salaries and other allowances of all municipal officers
and servants appointed under the provisions of this Chapter and all
contributions to provident funds, pension, gratuties and compassionate
allowances payable under the provisions of this Chapter or of an schedule or
regulations framed under this Chapter and at the time in force ;
(e) the payment of all expenses and costs incurred by the General Manager
in the exercise of any power or the discharge of any duty conferred or imposed
upon him for the purposes of, or in connection with, the 2[Brihan Mumbai
Electric Supply and Transport Undertaking] under the provisions of this
Act or of any other enactment including money which he is required or
empowered to pay by way of compensation ;
(f) the payment for the purchase of goods and equipment intended for
re­sale or for letting out on hire or hire purchase under the provisions of
this Chapter;
(g) the payment of every sum payable under a decree or order of a civil or
criminal court passed against the corporation or against the Commissioner
or the General Manager ex-officio in any proceeding arising out of the
acquisition, maintenance or operation of the 2[Brihan Mumbai Electric Supply
and Transport Undertaking] or under a compromise effected under section
517 of any suit or other legal proceeding or claim arising out of such
acquisition, maintenance or operation;
(h) every sum required by the provisions of section 160KK or 160LL to be
transferred to the municipal fund.

1
These words were substituted for the words “ Bombay Electric Supply and Transport Fund ” by Mah.
25 of 1996, s. 2, Schedule.
2
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s. 2, Schedule.
3
This clause was substituted by Mah. 10 of 1998, s. 223.
4
The words “ the Member-in-charge and ” were deleted by Mah. 27 of 1999, s. 186.
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 361

Special Funds
460HH. Fines collected under section 460W, donations from passengers, Institution of
2
[Brihan Mumbai
and the proceeds of the sale of unclaimed lost property recovered from Electric Supply
vehicles of the 1[Brihan Mumbai Electric Supply and Transport Undertaking] and Transport
Staff Benefit
shall be credited to a separate fund to be called “the 2[Brihan Mumbai Eleclric Fund].
Supply and Transport Staff Benefit Fund]” the proceeds of which shall be
expended in promoting the well being of municipal officers and servants
appointed under this Chapter and for the payment of compassionate
allowances to the widows of such officers and servants who die while in
municipal service and to such other relations of the officers and servants as
3
[the Brihan Mumbai Electric Supply and Transport Committee] may from
time to time determine.
460II. With the previous approval of the corporation, 4[the Brihan Other special
Funds.
Mumbai Electric Supply and Transport Committee] may direct that any
portion of the 5[Brihan Mumbai Electric Supply and Transport Fund] may
from time to time be credited to a separate heading in the accounts
maintained under section 460MM, provided that there shall be credited and
debited to such special heading such sums only as shall expressly relate to
the object for which a special fund is so created.
Disposal of Balances
460JJ. (1) Surplus moneys at the credit of the 5[Brihan Mumbai Electric Investment of
surplus moneys.
Supply and Transport Fund] which cannot immediately or at an early date,
be applied to the purposes of this Act or of any loan raised for the purposes
of the 1[Brihan Mumbai Electric Supply and Transport Undertaking] may
be, from time lo time deposited at interest in the 6[State Bank of India] or
such other bank as may have been approved by the corporation under section
460AA or be invested in public securities.
(2) All surplus moneys which it is necessary to keep readily available for
application to such purposes, and all surplus moneys which cannot in the
opinion of the General Manager, concurred in by 7[the Brihan Mumbai
Electric Supply and Transport Commttee] be favourably deposited or invested
as aforesaid, may be deposited at interest at any bank or banks in the city
which the 4[Brihan Mumbai Electric Supply and Transport Committee] may,
subject to the control of the corporation, from time to time select for the
purpose.
(3) All such deposits and investments shall be made by the
General Manager on behalf of the corporation, with the sanction of
7
[the Brihan Mumbai Electric Supply and Transport Committee]
and with the like sanction, the General Manager may at any time withdraw
any deposit so made or dispose of any securities and redeposit or

1
These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by
Mah. 25 of 1996, s. 2, Schedule.
2
These words were substituted for the words “Bombay Electric Supply and Transport Staff Benefit
Fund ” by Mah. 25 of 1996, s. 2, Schedule.
3
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 187 (a) (i).
4
These words were substituted for the words “ the Mayor-in-Council” by Mah. 27 of 1999, s. 188 and
189 (a) (ii).
5
These words were substituted for the words “Bombay Electric Supply and Transport Fund ”, by Mah.
25 of 1996, s. 2, Schedule.
6
These words were substituted for the words “Imperial Bank of India ”, by Mah. 10 of 1998, s.226 (a).
7
These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 189 (b).

H 4094—49a
 H 4094 (347-366) L-1
362 Mumbai Municipal Corporation Act [ 1888 : Bom. III

re-invest the money so withdrawn or the proceeds of the disposal of such

securities ; but no order for making any deposit or investment, withdrawal
or disposal under this section shall have any validity unless the same be in
writing, signed by three persons in the manner specified in sub-section (1) of
section 460BB for signing of cheques.
(4) The loss, if any, arising from, any such depsoit or investment shall be
debited to the 1[Brihan Mumbai Electric Supply and Transport Fund].
Payment out of surplus balance
Fixed annual 460KK. (1) Out of the balance of income over expenditure remaining at
payment to
municipal fund. credit of the Revenue Account of the 1[Brihan Mumbai Electric Supply and
Transport Fund] at the close of each official year, after defraying or making
allowance for all charges, costs and expenses payable out of the revenue of
the said fund and allowing for the retention of a cash balance of one lakh of
rupees at the least to the credit of the said fund, there shall be transferred
to the credit of the municipal fund the amount provided in sub-section (2):
Provided that if the balance at credit of the said Revenue Account, after
allowing for the matter aforesaid, is less than the amount provided in
sub­section (2), the whole of such balance shall be transferred to the municipal
fund and any deficit shall be made good to the municipal fund out of the
Revenue Reserve Fund maintained under section 460LL and if the deficit
still remains it shall be made good to the municipal fund out of the balance
available at credit of the Revenue Account of the next or any subsequent
year after allowing for all the matters aforesaid and for the amount provided
in sub-section (2) in respect of that year.
(2) The amount to be transferred to the municipal fund under sub-section
(1) shall be,—
(a) in the case of the official year ended on the 31st March 1948 the sum
of five lakhs of rupees ;
2
[(b) in the case of the official year ended on the 31st March 1949 and the
31st March 1950, in respect of each year, the sum of ten lakhs of rupees;
(c) in the case of the official year ending on the 31st March 1951, the sum
of twenty-five lakhs of rupees;
(d) in the case of each subsequent year until the year ending on the 31st
March 1955, at progressively increasing scale, the sum of three lakhs of
rupees in addition to the sum paid in respect of the previous official
year ;
(e) in the case of the official year ending on the 3lst March 1956 and each
subsequent official year, the sum of forty lakhs of rupees.]
(3) The sum to be transferred under sub-section (1) shall be paid into the
3
[State Bank of India] to the credit of the municipal fund by means of a cheque
drawn upon the 1[Brihan Mumbai Electric Supply and Transport Fund] not
later than the thirtieth day of June immediately following the close of the
year in which the balance out of which the transfer is due to be made accrues.

1
These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah.
25 of 1996, s. 2, Schedule.
2
Clauses (b) to (e) were substituted for clauses (b) and (c) by Bom. 48 of 1950, s. 71.
3
These words were substituted for the words “ the Imperial Bank of India” by Mah. 10 of 1998, s. 227.
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 363

460LL. (1) If after making allowance for the matters mentioned in section Disposal of
surplus balance
460KK, there remains any further surplus balance of income over expenditure of revenue.
at credit of the Revenue Account of the 1[Brihan Mumbai Electric Supply
and Transport Fund], such surplus shall be disposed of as follows:—
(a) 30 per cent. of the surplus shall be credited under a separate heading
in the accounts maintained under section 460MM to a special fund to be
called ‘the Revenue Reserve Fund’, unless the balance in the said Revenue
Reserve Fund, with such credit, would exceed fifty lakhs of rupees, in
which case only such sum, if any, as is required to bring the balance to fifty
lakhs of rupees shall be so credited and the remainder of the surplus upto
30 per cent. thereof, shall be added in equal shares to the amounts credited
or transferred under clauses (b), (c) and (d) ;
(b) 30 per cent. of the surplus and such additional amount as may be
available under clause (a) shall be credited under a separate heading in
the accounts maintained under section 460MM to a special fund called
‘ the 2[Brihan Mumbai Electric Supply and Transport Betterment Fund]’ ;
(c) 25 per cent. of the surplus and such additional amount as may be
available under clause (a) shall be transferred to the municipal fund for
credit to the Welfare Fund mentioned in section 120A ; and
(d) 15 per cent. of the surplus and such additional amount as may be
available under clause (a) shall be transferred to the municipal fund.
(2) The Revenue Reserve Fund shall be applied to the following purposes :—
(i) in making good or in reduction of any deficit in the amount to be
transferred in any year to the municipal fund under section 460KK; and
(ii) in meeting any charges to be defrayed out of the 1[Brihan Mumbai
Electric Supply and Transport Fund] to the extend to which the balance
available in the fund is insufficient for the purpose.
(3) The 2[Brihan Mumbai Electric Supply and Transport Betterment Fund]
shall be applied to improvements in the services, amenities and facilities
provided for the public by the 3[Brihan Mumbai Electric Supply and Transport
Undertaking].
(4) The amounts to be transferred to the municipal fund under clauses (c)
and (d) of sub-section (1) shall be paid into the 4[State Bank of India] to the
credit of the municipal fund by means of cheques drawn upon the 1[Brihan
Mumbai Electric Supply and Transport Fund] not later than the thirtieth
day of June immediately following the close of the official year in which the
transfers are due to be made.
Accounts.
460MM. (1) Accounts of the receipts and expenditure of the corporation Accounts of the
3
[Brihan Mumbai
on account of the 3[Brihan Mumbai Electric Supply and Transport Electric Supply
Undertaking] and of the properties vested or vesting in the corporation for and Transport
Undertaking].
the purposes of the said undertaking shall be kept in such manner and in
such forms as the 5[Brihan Mumbai Electric Supply and Transport Committee]
shall from time to time prescribe.
(2) The 6[General Manager] shall publish such accounts in the Official
Gazette every year.
1
These words were substituted for the words “ Bombay Electric Supply and Transport Fund ” by Mah. 25 of 1996,
s. 2, Schedule.
2
These words were substituted for the words “ Bombay Electric Supply and Transport Betterment Fund ” by
Mah. 25 of 1996, s. 2, Schedule.
3
These words were substituted for the words “Bombay Electric Supply ond Transport Undertaking” by Mah. 25 of 1996,
s. 2 Schedule.
4
These words were substituted for the words “ the Imperial Bank of India” by Mah. 10 of 1998, s. 228.
5
These words wore substituted for the words “ Mnyor-in-Council ” by Mah. 27 of 1999, s. 190.
6
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 190.
 H 4094 (347-366) L-1
364 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Preparation of 460NN. (1) 1[The General Managerl shall, as soon as may be after each
annual
administration first day of April, have prepared a detailed report of the administration of
report and
statement of
the 2[Brihan Mumbai Electric Supply and Transport Undertaking] during
accounts. the previous official year, together with a statement showing the amount of
the receipts and disbursement respectively credited and debited to the
3
[Brihan Mumbai Electric Supply and Transport Fund] during the said year
and the balance at the credit of the fund at the close of the said year as also
an account of the balance due on 4[loans and shall submit the same to Brihan
Mumbai Electric Supply and Transport Committee.]
(2) After an examination and review of the report and statement by 5[the
Brihan Mumbai Electric Supply and Transport Committee] copy of the report
together with a copy of 6[the Committee] review shall be forwarded to the
usual or last known address of each councillor atleast eight days previous to
the ordinary meeting of the corporation in the next following month of
October and copies thereof shall be delivered to any person requiring the
same on payment of such reasonable fee for each copy as the General
Manager, with the previous approval of 5[the Brihan Mumbai Electric Supply
and Transport Committee] shall determine.
Miscellaneous.
Power of police 460OO. Nothing in this Chapter shall limit the powers of any police
to regulate traffic
on streets. officer to regulate the passage of any traffic along or across any street along
or across which any tramways are laid down and the police officer may
exercise his authority as well on as off the tramway, and with respect as well
to the traffic of the 2[Brihan Mumbai Electric Supply and Transport
Undertaking] as to the traffic of other persons.
Right of public to 460PP. No carriages with flange-wheels or wheels suitable only to run
use streets on
which tramway on a grooved rail, except those belonging to the 2[Brihan Mumbai Electric
is laid. Supply and Transport Undertaking], shall be entitled to pass along a tramway,
but subject to this provision, nothing in this Act shall take away or abridge
the right of the public to pass along or across every or any part of any street
along or across which any tramway is laid whether on or off the tramway,
with carriages not having flange-wheels or wheels suitable only to run on a
grooved rail.]
CHAPTER XVII
By-Laws.
7
[By-laws for 461. The corporation may from time to time make by-laws, not
purposes other
than the inconsistent with this Act, with respect to the following matters, namely :—
2
[Brihan Mumbai
Electric Supply
(a) regulating, in any particular not specifically provided for in this Act,
and Transport the construction, maintenance and control of drains, ventilation-shafts or
Undertakings.]
pipes, cesspools, water-closets, privies, latrines, urinals, drainage-works
of every description, whether belonging to the Corporation or to other
persons, municipal water-works, private communication-pipes and other
public streets ;
(b) regulating all matters and things connected with the supply and use of
water ;
1
These words were substituted for the words “ Member-in-charge ” by Mah. 27 of 1999, s. 191.
2
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s. 2 Schedule.
3
These words were substituted for the words “ Bombay Electric Supply and Transport Fund ” by Mah.
25 of 1996.
4
This portion was substituted by Mah. 27 of 1999, s. 191 (a) (ii).
5
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 191 (b) (i).
6
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 191 (b) (ii).
7
This marginal note was substituted for the original by Bom. 48 of 1948, s. 41.
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 365

(c) the structure of walls, foundations, roofs and chimneys, 1[the number,
width and position of staircases, corridors and passages,] 2[the materials,
dimensions and strength of floors and staircases and of all cantilings, girders,
posts and columns] of 3* * * * buildings, for securing stability and the
prevention of fires 4[and the safety of the inmates in the event of fire] and for
purposes of health ;
[(cc) the construction of scaffolding for building operations to secure the
5

safety of the operatives and of the general public ; ]

(d) the provision and maintenance of sufficient open space, either external
or internal, about buildings to secure a free circulation of air, and of other
means for the adequate ventilation of buildings ;
[(dd) the provision and maintenance of suitable means of access to
6

buildings ; ]
(e) the provision and maintenance of house-gullies ;
[(ee) collection, removal and disposal of solid waste ; ]
7

(f) the control and supervision of all premises, used for any of the purposes
mentioned in section 394, and of all trades and manufactures carried on
therein 8[and the prescribing and regulating of the construction dimensions,
ventilation, lighting, cleansing, drainage and water supply of any such
premises ; ]
(g) the inspection of milch-cattle and prescribing and regulating the
construction, dimensions, ventilation, lighting, cleansing, drainage and water-
supply of dairies and cattle-sheds in the occupation of persons following the
trade of dairy men or milk-sellers ;
(h) securing the cleanliness of milk-stores, milk-shops and milk-vessels
used by such persons for containing milk ;
(j) requiring notice to be given whenever any milch animal is affected with
any contagious disease and prescribing precautions to be taken for protecting
milch cattle and milk against infection or contamination ;
(k) securing the efficient inspection of markets and slaughter-houses and
of shops in which articles intended for human food are kept or sold ;
(l) the control and supervision of butchers carrying on business within the
city or at a municipal slaughter-house outside the city ;
(m) regulating the use of any municipal market-building, market place or
slaguhter-house or any part thereof ;
[(mm) regulating the purchase and sale of and conditions of trading in,
9

agricultural produce specified in Schedule JJ in municipal and private market

and establishment of markets for such produce ; ]
(n) controlling and regulating the sanitary condition of market and
slaughter­houses and preventing the exercise of cruelty therein ;

1
These words were substituted for the original by Bom. 76 of 1948, s. 28.
2
These words were inserted by Bom. 5 of 1905, s. 56 (1) (b).
3
The words “new” was repealed by Bom. 5 of 1905, s. 56 (1) (a).
4
These words were inserted by Bom. 2 of 1911, s. 17 (1) (b).
5
Clause (cc) was inserted by Bom. 5 of 1905, s. 56 (3).
6
Clause (dd) was inserted by Bom. 5 of 1905, s. 56 (3).
7
Clause (ee) was inserted by Mah. 10 of 1998, s. 231 (a).
8
These words were added by Bom. 1 of 1916, s. 12.
9
Clause (mm) was inserted by Bom. 54 of 1955, s. 11.
 H 4094 (347-366) L-1
366 Mumbai Municipal Corporation Act [ 1888 : Bom. III

[(nn) controlling and regulating the carriage or removal of fish through

1

public streets by fish-vendors];

2
[(o) 3
* * * * * *
(ii) publishing a price current ; ]
[(oo) the licensing of hand-carts, other than those exempted from taxation
4

under section 181 or those plying for hire in respect of which licences have
been issued under 5[Bombay Act VI of 1863 and the seizure and detention of
any such hand-carts that have not been duly licensed ; ]
(p) regulating the disposal of the dead and the maintenance of all places
for the disposal of the dead in good order and in a safe sanitary conditions,
due regard being had to the religious usages of the several classes of the
community ;
(q) facilitating and securing complete and accurate registration of births
and deaths ;
(r) the registration of marriage ;
(s) facilitating when requisite the taking of a census and securing accurate
returns ;
(t) regulating delegation of powers and duties of the Standing Committee,
6

the Improvements Committee and the Education Committee to sub-committee ; ]

(u) the constitution of Primary Education Consultative Committee
7

appointed under section 39 ;

(v) determining the constitution, powers and duties of any committee which
the Corporation may appoint under section 40 or 41 ; ]
[(vv) securing the protection of public parks, gardens and open spaces
8

vested in or under the control of the corporation from injury or misuse,

regulating their management and the manner in which they may be used by
the public and providing for the proper behaviour of persons in them ; ]
(w) the administration and management of the municipal primary schools
9

and the recognising and aiding of schools for primary education ; ]

[(ww) the conditions subject to which a lease of immovable property may
10

be granted at a concessional rent to a Co-operative Housing Society of

municipal officers and servants or a public trust for charitable purposes under
clause (dd) of section 92 ; ]

1
This clause was inserted by Bom. 76 of 1948, s. 28.
2
This clause was substituted for the original clause by Bom. 4 of 1921, s. 3.
3
Sub-Clause (i) was repealed by the Bombay Weights and Measures Act, 1932 (Bom. 15 of 1932),
which came into effect in Bombay City on 1st August 1935, vide Government Notification, General
Department, No. 9518, dated 30th April 1935.
4
This clause was inserted by Bom. 2 of 1911, s. 17 (2).
5
See now Bom. 7 of 1920.
6
Clause (t) was substituted by Mah. 27 of 1999, s. 192 (a).
7
These clauses were substituted for clause (u) by Mah. 27 of 1999, s. 192 (b).
8
This clause was inserted by Bom. 6 of 1922, s. 32.
9
Clause (w) was substituted for the original by Bom. 48 of 1950, s.72 (3).
10
Clause (ww) was inserted by Mah. 50 of 1981, s. 4 (a).
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 367

[(x) the management, use and regulation of dwellings constructed for the
1

poorer or working classes under any scheme duly sanctioned under the 2[City
of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust
Transfer Act, 1925;]
(y) the conditions on which loan shall be advanced and the form of
application 3[for loans under section 349W or 354WA]; 4[* * * *]
5
[(yy) the officers and servants of the Corporation who shall be eligible for
housing loans and the form of application to be made for such loans under
section 354WBB, the adjoining areas for the purposes of that section, and
the conditions on which such loans may be granted;]
6
[(yya) regulation of all matters connected with traffic system and traffic
demand measures including installation and maintenance of “equipment
system ”.
Explanation.—For the purposes of this clause, an “equipment system”
means traffic signals and associated equipment like data communication
network, Controllers, central monitoring equipment and all other equipments
required for traffic control and enforcement;]
7
[(z)] carrying out generally the provisions and intentions of this Act:
8
[Provided that in the suburbs 9[or extended suburbs] or in any part thereof,
the corporation shall have the power to impose under by-laws such special
conditions as it may deem fit to impose in respect of matters falling under
clauses (a), (b), (c) and (e) of this section and under section 349E].
10
[461A. (1) The corporation may from time to time make bye-laws for By-laws for
purposes of
regulating matters affecting the conduct of the 11[Brihan Mumbai Electric 11
[Brihan
Supply and Transport Undertaking] not inconsistent with the provisions of Mumbai Electric
Supply and
this Act or of any other enactment applicable to the undertaking or with the Transport
Undertaking].
provisions of any rules, by-laws, regulations, permit or licence issued
thereunder.
(2) In particular, and without prejudice to the generality of the foregoing
power such bye-laws may provide for the following matters, namely:—
(a) the rate of speed to be observed in travelling upon the tramways of
the 11[Brihan Mumbai Electric Supply and Transport Undertaking];
(b) the distances at which carriages using the said tramways shall be
allowed to follow one after the other ;
(c) the stopping of carriages using the said tramways;
(d) the hours at which such carriages carrying goods shall run on the
tramways;
(e) the prevention of the commission of any nuisance in or upon any
vehicle of the 11 [Brihan Mumbai Electric Supply and Transport
Undertaking] used for the conveyance of the public or in or against any
premises of the undertaking;
(f) generally for regulating the travelling in or upon vehicles of the
11
[Brihan Mumbai Electric Supply and Transport Undertaking] used for
the conveyance of passengers; and
1
These clauses were inserted by Bom. 13 of 1933, s. 36 (b).
2
The City of Bombay Improvement Act, 1898, was repealed by the City of Bombay Improvement Trust
Transfer Act, 1925, which has been repealed by Bom. 13 of 1933.
3
These words were substituted for the words “ for the advance of a loan under section 354 W”, by Bom.
34 of 1954, s. 26,
4
The word “and” was deleted by Mah. 50 of 1981, s. 4 (b).
5
Clause (yy) was inserted by Mah. 50 of 1981, s. 4 (c).
6
Clause (yya) was inserted by Mah. 11 of 2002, s. 26.
7
Clause (w) was re-lettered as (z) by Bom. 13 of 1933. s. 36 (c).
8
This proviso was added by Bom. 7 of 1950, s. 6 (1).
9
These words were inserted by Bom. 58 of 1956, s. 24.
10
This section was inserted by Bom. 48 of 1948, s. 42.
11
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking” by
Mah. 25 of 1996, s. 2, Schedule.
H 4094—49a
 H 4094 (347-366) L-1
368 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(g) the observance by municipal officers and servants appointed in

connection with the 1[Brihan Mumbai Electric Supply and Transport
Undertaking] of sobriety, courtesy and special vigilance to prevent danger
to persons or vehicles using the streets.
(3) In respect of any transport undertaking acquired by the corporation,
all by-laws and regulations relating to such undertaking in force immediately
before such acquisition shall be deemed to have been made under sub-section
(1) and shall continue in force until altered, repealed or amended by the
corporation.]
Punishment may 462. In making a by-law under 2[section 461 or 461 A], the corporation
be imposed for may provide that a breach of it shall be punishable with fine which may extend
breach of by-
laws. to 3[two thousand rupees] and, in the case of a continuing breach with fine
which may extend to 4[one hundred rupees] for every day, after conviction
for the first breach or after receipt of written notice from the Commissioner
to discontinue the breach, during which the breach continues.
By-laws to be 463. No by-laws 5* * * * shall have any validity unless, and until it is
confirmed by
Central or confirmed 6[in the case of by-law made under clause (s) of section 461, by the
7
[State]
Government as Central Government, and in the case of any other by-law, by the 7[State]
the case may be. Government].

Commissioner to 464. It shall be the duty of the Commissioner from time to time to lay
lay draft by-laws
before the before the corporation for their consideration a draft of any by-law 8[which
corporation for he shall think] necessary or desirable for the furtherance of any purpose of
their
consideration. this Act.

Hearing by 465. (1) No by-law shall be finally approved by the corporation, unless
corporation of
objection to notice of the intention of the corporation to take the same into their
proposed by- consideration has been given by advertisement in the 9[Official Gazette] and
laws.
in the local newspapers six weeks at least before the day of the meeting at
which the corporation finally consider such by-law.
(2) The corporation shall, before approving the by-law, receive and consider
any objection or suggestion which may be made in writing by any person
with respect thereto before the day of the said meeting; and any person
desiring to object to a by-law, on giving written notice to the president of the
corporation, not less than ten days before the day of the said meeting, of the
nature of his said objection may, by himself or his counsel, attorney or agent,
be heard by the corporation thereon at the said meeting, but not so as that
more than one person be heard on the same matter of objection.

1
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ”
by Mah. 25 of 1996, s. 2 Schedule.
2
These words, figures, letters were substituted for the original words by Bom. 48 of 1948, s. 43.
3
These words were substituted for the words “ five hundred rupees ” by Mah. 10 of 1998, s. 232 (a).
4
These words were substituted for the words “ twenty rupees,” by Mah. 10 of 1998, s. 232 (b).
5
The words “ made under either of the two last preceding sections ” were omitted by the Adaptation
of Indian Laws Order in Council.
6
The words, figures, letter and brackets “ in the case of a by-law made under clause (s) of section- 461,
by the Central Government, and in the case of any other by-law, by the Provincial Government” were
substituted for the words “ by Government ” by the Adaptation of Indian Laws Order in Council.
7
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8
This portion was substituted by Mah. 27 of 1999, s. 193.
9
The words “ Official Gazette ” were substituted, for the words “ Bombay Government Gazette ” by the
Adaptation of Indian Laws Order in Council.
 H 4094 (347-366) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 369

466. (1) For one month at least before the day of the meeting at which the Proposed by-
laws to be open
corporation finally consider a by-law, a printed copy of such by-law shall be to public
inspection.
kept at the chief municipal office for public inspection and every person shall
be permitted, at any reasonable time to persue the same, free of charge.
(2) Printed copies of the proposed by-law shall also be delivered to any person,
requiring the same on payment of such fee, 1[not exceeding twenty-five rupees
for each copy, as shall be 2[determined by the Commissioner].
467. When any by-law has been confirmed 3[by the Central or the 4[State] By-laws
confirmed by
Government, as the case may be], it shall be published in the 5[Official Gazette] Central or
4
[State]
and thereupon shall have the force of law. Government to
be published in
the 5[Official
Gazette].

468. (1) The 6[Commissioner] shall cause all by-laws from time to time in Printed copies of
by-laws to be
force to be printed, and shall cause printed copies thereof to be delivered to kept on sale.
any person requiring the same, on payment of 7[such fee per copy as the
Commissioner may from time to time, fix].
(2) Notice of the fact of copies of the by-laws being obtainable at the said price,
and of the place where and the person from whom the same are obtainable, shall
be given by the Commissioner from time to time by advertisement in the local
newspapers.
(3) Boards, with the by-laws printed thereon or with printed copies of the
by­laws affixed thereto, shall be hung or affixed in some cospicuous part of the
municipal office and in such places of public resort, markets, slaughter-houses
and other works or place affected thereby, as the Commissioner thinks fit, and
the said boards shall from time to time be renewed by the Commissioner.

469. (1) No Municipal Officer or servant shall at any reasonable time Boards for
exhibiting by-
prevent the inspection of any board provided by the Commissioner, under the laws to be open
last preceding section by any person desiring to inspect the same. to inspection and
not to be injured.
(2) No person, shall without lawful authority, destroy, pull down, injure or
deface any such boards.

[469A. In regard to by-laws made or required or proposed to be made under

8 Application of
sections 466,
section 461A, the provisions of sections 466, 468 and 469 shall apply as if for 468 and 469 to
the word “Commissioner” the words “General Manager” had been substituted, by-laws under
section 461A.
and as section 468 had provided for the display of the relevant by-laws in every
vehicle of the 9[Brihan Mumbai Electric Supply and Transport Undertaking]
used for the conveyance of the public.]
1
These words were substituted for the words “ not exceeding one rupee for each copy, as shall be prescribed
by the Commissioner” by Mah. 10 of 1998, s. 234.
2
These words were substituted for the words “ prescribed by the Mayor-in-Council” by Mah.27 of 1999,
s. 194.
3
The words “ by the Central or the Provincial Government as the case may be” were substituted for the
words “ by Government ” by the Adaptation of Indian Laws Order in Council.
4
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5
The words “ Official Gazette ”, were substituted for the words “ Bombay Government Gazette ” by the
Adaptation of Indian Laws Order in Council.
6
This word was substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s. 195.
7
These words were substituted for the words “ a fee of two annas per each copy ” by Mah. 42 of 1976,
s. 14.
8
This section was inserted by Bom. 48 of 1948, s. 44.
9
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2, Schedule.
 H 4094 (347-366) L-1
370 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Central or
[ [State]
1 2
470. (1) If it shall at any time appear to the 1[2[State] Government] that
Government] as any by-laws should be 3[modified or] repealed either wholly or in part, 4[it] shall
the case may be,
may repeal by-
cause 4[its], reasons for such opinion to be communicated to the corporation
laws. and prescribe a reasonable period within which the corporation may make any
presentation with regard thereto which they shall think fit.
(2) After receipt and consideration of any such representation or, if in the
meantime no such representation is received, after the expiry of the prescribed
period, the 1[ 2[State] Government] may at any time, by notification in the
5
[Official Gazette] 6[modify or] repeal such by-law either wholly or in part:
7
[Provided that no by-law shall be modified or repealed in part only by the
[ [State] Government] if, within the period aforesaid the corporation have
8 9

objected to a modification or partial repeal thereof.]

(3) The 10[modification or] repeal of a by-law under sub-section (2) shall take
effect from such date as the 8[9 [State] Government] shall in the said notification
direct or, if no such date is specified, from the date of the publication of the
said notification in the 5 [Official Gazette], except as to anything done or suffered
or omitted to be done before such date.
(4) The said notification shall also be published in the local newspapers.
11
[(5) The powers conferred by this section on the 9[State] Government, shall
in relation to any by-law made under clause (s) of section 461, be powers of the
Central Government.]
CHAPTER XVIII
PENALTIES
Certain offences [471. Whoever—
12
punishable with
fine. (a) contravenes any provision of any of the sections, sub-sections or clauses
mentioned in the first column of the following table, or of any regulation made
thereunder; or
(b) fails to comply with any requisition lawfully made upon him under any
of the said sections, sub-sections or clauses,
shall be punished, for each offence, with fine which may extend to the amount
mentioned in that behalf in the third column of the said table 13[subject,
however, to a minimum fine which shall not be less than fine mentioned in the
fourth column of the said table.]
Explanation.—The entries in the second column of the said table headed
“ Subject” are not intended as definitions of the offences described in the
sections, sub-section and clause mentioned in the first column, or even as
abstract of those sections, sub-sections and clauses, but are inserted merely
as reference to the subjects of the sections, sub-sections and clauses, the
numbers of which are given in the first column.

1
The words “ Provincial Government ” were substituted for the words “ Governor-in-Council” by the Adaptation of
Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
3
These words were inserted by Bom. 5 of 1905, s. 75 (a).
4
The words “ its ” and “ its ” were substituted for the words “ he ” and “ his” respectively by the Adaptation of Indian
Laws Order in council.
5
The words “ Official Gazette “ were substituted for the words “ Bombay Government Gazette ” by the Adaptation of
Indian Laws Order in Council.
6
These words were inserted by Bom. 5 of 1905, s. 57 (b).
7
This proviso was substituted for the original proviso, by Bom. 5 of 1905.
8
The words “ Provincial Government” were substituted for the words “ Governor in Council” by the Adaptation of
Indian Laws Order in Council.
9
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
10
These words were inserted by Bom. 5 of 1905, s. 57(b).
11
This sub-section was inserted by the Adaptation of Indian Laws Order in Council.
12
Section 471 was substituted for the original section by Bom. 5 of 1905, s. 58.
13
These words were inserted by Mah. 21 of 1989, s. 54(a).
 H 4094 (367-375) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 371

Sr.
1
Section Fine which may Minimum fine
No. sub-section Subject be imposed which shall be
or clause imposed
(1) (2) (3) (4) (5)

1. Section 149 ... Notice to be given of Two thousand Five hundred

transfer of title. rupees rupees
2. Section 150 ... Requisition to produce Two thousand Five hundred
instrument of transfer. rupees rupees
3. Section 152 ... Notice to be given of the Two thousand Five hundred
erection of new building, rupees rupees
etc.
4. Section 191 A, ... Return to be forwarded by One thousand Two hundred
sub-section (3) an owner or person in rupees fifty rupees
charge of a dog.
5. Section 191 H ... Return to be submitted by Two thousand Five hundred
person liable to theatre and five hundred rupees
tax. rupees
6. Section 223, ... Building, etc., not to be Five thousand One thousand
sub-section (1) erected without permission rupees rupees
over drains.
7. Section 229 ... Connections, with Five thousand One thousand
municipal drains, etc., not rupees rupees
to be made except in
conformity with section
227 or 228.
8. Section 229 A, ... Building, etc., not to be Five thousand One thousand
sub-section (1) erected without permissoin rupees rupees
over any drains.
9. Section 230 A ... Owner of land to allow Two thousand Five hundred
others to carry drains and five hundred rupees
through the land. rupees
10. Section 231 ... Requisition to enforce Two thousand Five hundred
drainage of undrained and five hundred rupees
premises situated within a rupees
hundred feet of a municipal
drain.
11. Section 232 ... Requisition to enforce Two thousand Five hundred
drainage of undrained and five hundred rupees
premises not situated rupees
within a hundred feet of
a municipal drain.
12. Section 233, ... Direction limiting use of Two thousand Five hundred
sub-section (1), drain or notice requiring and five hundred rupees
clause (b) the construction of a rupees
distinct drain.
13. Section 233 A, ... Drains for sole use of Two thousand Five hundred
clause (b) properties to be maintained and five hundred rupees
in good repair, etc., by rupees
owner or occupier of the
property.
14. Section 234 ... New building not to be Fine not to be .....
erected without drains. exceed five
thousand rupees
15. Section 235 ... Excrementitious matter not Five thousand One thousand
to be passed into cesspool. rupees rupees
16. Section 236 ... Owners of drains to allow Two thousand Five hundred
use thereof, or joint and five hundred rupees
ownership therein, to rupees
others.
17. Section 240 ... Drains not to pass beneath Ten thousand Two thousand
buildings. rupees rupees
18. Section 241 ... Provisions as to position Ten thousand Two thousand
of cesspools. rupees rupees
1
This table was substituted by Mah. 24 of 2006, s.3.
 H 4094 (367-375) L-1
372 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(1) (2) (3) (4) (5)

19. Section 243, ... Requisition to cover or Two thousand Five hundred
sub-section (2) ventilate drain or cesspool. and five hundred rupees
rupees
20. Section 246 A, ... Water-closets and privies Ten thousand Two thousand
sub-section (1) not to be constructed rupees rupees
without premission or in
contravention of terms
prescribed.
21. Section 247 ... Buildings newly erected or Ten thousand Two thousand
re-erected to be provided ruppes rupees
with water-closet and
other accommodation.
22. Section 248, ... Requisition to enforce Ten thousand Two thousand
sub-section (1) provision of privy rupees rupees
accommodation, etc.
23. Section 249 ... Requisition to provide Ten thousand Five thousand
privy accommodaiton for rupees rupees
factories, etc.
24. Section 249 A ... Rquisition respecting Ten thousand Two thousand
unhealthy privies. rupees rupees
25. Section 250, ... Provisions as to privies. Two thousand Five hundred
sub-section (1) rupees rupees
26. Section 251, ... Provisions as to water closets. Two thousand Five hundred
proviso rupees rupees
27. Section 251 A ... Provisions as to privies and Ten thousand Two thousand five
water-closets. rupees hundred rupees
28. Section 251 B ... Provisions as to use of Two thousand Five hundred
places for bathing or and five hundred rupees
washing clothes or domestic rupees
utensils.
29. Section 257 ... Requistion to effect Two thousand Five hundred
sanitary repairs, etc. and five hundred rupees
rupees
30. Section 259 A, ... Provisions as to Ten thousand Two thousand
sub-sections employment of licensed rupees rupees
(1) and (4) plumber and use of work.
31. Section 259 A, ... Licensed plumber to give Two thousand Five hundred
sub-sections and sign certificate. and five hundred rupees
(2) and (3) rupees
32. Section 268, ... Building, etc., not to be Five thousand One thousand
sub-section (1) erected over water main rupees rupees
without permission.
33. Section 269, ... Water not to be carried Five thousand Five hundred
sub-section (3) away from water supply rupees rupees
for sale, and not to be
carried in cask, etc.,
without permission.
34. Section 270, ... Public water supply set Five thousand One thousand
sub-section (2) apart for particular rupees rupees
purpose not to be used for
other purpose.
35. Section 270 A ... Premises not to be Ten thousand Two thousand
occupied without rupees rupees
Commissioner’s certificate
in respect of adequate
water supply.
36. Section 271, ... Requisition to obtain Ten thousand Two thousand
sub-section (2) private water supply and rupees. rupees.
to provide supply and
distributing pipes, etc.
 H 4094 (367-375) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 373

(1) (2) (3) (4) (5)

37. Section 272, ... Provisions as to making Ten thousand Two thousand
sub-section (1) and renewing of rupees. rupees.
connections with
municipal water works.
38. Section 272, ... Provision as to Two thousand Five hundred
sub-section (5) unauthorised connections and five hundred rupees.
with municipal water rupees.
works, etc.
39. Section 274 ... Requisition to provide Two thousand Five hundred
cistern and putting of and five hundred rupees.
means of access to any rupees.
cistern.
40. Section 274A ... Requisition to provide for Two thousand Five hundred
keeping cisterns locked. and five hundred rupees.
rupees.
41. Section 275 ... Supply or distributing Two thousand One thousand
pipes, etc., to be kept in and five hundred rupees.
efficient repair by owner, rupees.
or occupier of premises.
42. Section 278, ... Requisition to remedy Five thousand Five hundred
sub-section (2) defect in meter (supply rupees. rupees.
or distributing pipes), etc.
43. Section 280 ... Conditions as to use of Five thousand One thousand
water not to be contravened. rupees. rupees.
44. Section 282 ... Prohibition of fraudulent and Five thousand One thousand
unauthorised use of water. rupees. rupees.
45. Section 287B, ... Work under Chapter X to Ten thousand Two thousand
sub-section (1) be done by licensed rupees. rupees.
plumber.
46. Section 287 B, ... Name of licensed plumber One thousand Two hundred
sub-section (2) to be furnished. rupees. and fifty rupees.
47. Section 297, ... Construction of building Twenty-five Five thousand
sub-section (3) within the regular line of thousand rupees. rupees.
street without permission.
48. Section 304, ... Land not to be appropriated Twenty-five Five thousand
sub-section (1) for building and private thousand rupees. rupees.
streets not to be laid out
until expiration of notice
nor otherwise than in accordance
with Commissioner’s direction.
49. Section 305 ... Requisition as to levelling Five thousand One thousand
and draining of private rupees. rupees.
streets.
50. Section 308, ... Prohibition of projections upon Ten thousand Two thousand
sub-section (1) streets, etc. rupees. rupees.
51. Section 308, ... Requisition to remove the Ten thousand Two thousand
sub-section (2) same. rupees. rupees.
52. Section 309, ... Requisition to remove or Ten thousand Two thousand
sub-section (1) alter projection, etc. made rupees. rupees.
before Act III of 1872
came into force.
53. Section 311 ... Ground floor, doors, etc., not One thousand Two hundred
to open outwards on streets. rupees. rupees.
54. Section 312, ... Prohibition of structures or Ten thousand Two thousand
sub-section (1) fixtures causing obstruction rupees. rupees.
in streets.
55. Section 313, ... Prohibition of deposits, etc., Two thousand Two hundred and
sub-section (1) of things in streets. rupees. fifty rupees.
 H 4094 (367-375) L-1
374 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(1) (2) (3) (4) (5)

56. Section 313A ... Prohibition of hawking Two thousand Five hundred
articles for sale in a public and five hundred rupees.
place or street without a rupees.
licence.
57. Section 313B ... Prohibition in a public place or Two thousand Five hundred
street of use of skill in and five hundred rupees.
handcraft or in rendering rupees.
services without licence.
58. Section 315 ... Requisition to remove Five thousand One thousand
structures or fixtures errected rupees. rupees.
or set up before section 312
came into force.
59. Section 316, ... Prohibition of the tethering One thousand Two hundred
sub-section (1) of animals in public streets. rupees. rupees.
60. Section 319, ... Direction to close street in Two thousand and Five hundred
sub-section (2) which work is in progress. five hundred rupees.
rupees.
61. Section 321, ... Shoring-timeber fence, etc., Two thousand Five hundred
sub-section (2) employed to secure public and five hundred rupees.
safety while Municipal works rupees.
are in progress, not to be
removed.
62. Section 322, ... Street not to be opened or Two thousand Five hundred
sub-section (1) broken up and building and five hundred rupees.
materials not to be deposited rupees.
thereon without permission.
63. Section 323 ... Precaution for public safety Two thousand Five hundred
to be taken by person to and five hundred rupees.
whom permission is rupees.
granted under section 322.
64. Section 324, ... Persons to whome permission Two thousand Five hundred
sub-section (1) is granted under section 322 and five hundred rupees.
must reinstate streets. rupees.
65. Section 325 ... Provision to be made by Ten thousand Two thousand
persons to whome permission rupees. rupees.
is granted under section 322
for traffic, etc., when their
works interrupt.
66. Section 326 ... Hoards to be set up during Two thousand Five hundred
work on any building adjacent and five hundred rupees.
to a street. rupees.
67. Section 327, ... Name of street and number One thousand Two hundred
sub-section (2) or sub-number of premises rupees. rupees.
or part thereof not to be
destroyed or defaced.
68. Section 328, ... Skysigns not to be erected Five thousand One thousand
sub-section (1) or retained without rupees rupees
permission.
69. Section 328, ... Advertisements on certain Five thousand One thousand
sub-section (1) sites, vehicles, etc., not to rupees rupees
be exhibited without
permission.

70. Section 329, ... Requisition to repair, Two thousand Five hundred
sub-section (1) protect or enclose and five hundred rupees
dangerous place. rupees
71. Section 331 ... Prohibition of removal, etc., Five thousand One thousand
of lamps. rupees rupees
72. Section 333, ... Provision as to manner of Ten thousand Two thousand
sub-sections (1), laying gas-pipes. rupees rupees
(2) and (3).
 H 4094 (367-375) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 375

(1) (2) (3) (4) (5)

73. Section 334, ... Requisition to alter situation One thousand Two hundred
sub-section (1) of gas-pipes, etc. rupees. rupees.
74. Section 335, ... Buildings, etc. not to be Five thousand One thousand
sub-section (1) erected without permission rupees. rupees.
over municipal gas-pipes.
75. Section 344A ... Provision for supervision of Ten thousand .......
buildings and works. rupees
76. Section 347, ... Work not to be commenced Fifty thousand Ten thousand
sub-section (1) without notice. rupees rupees
77. Section 347A ... Building not to be converted Ten thousand .......
to other purposes without rupees
the permission of the
Commissioner.
78. Section 347B ... Building or any part of a Twenty thousand Five thousand
building originally rupees rupees
constructed or authorised to
be used for human
habitation not to be used as
a godown, etc., without
permission.
79. Section 347C ... Building originally Twenty-five Five thousand
constructed or authorised to thousand rupees rupees
be used for human
habitation not to be altered
without permission for the
purpose of using it as a
godown, etc.
80. Section 349 ... Roofs and external walls of Two thousand Four hundred
buildings not to be made of rupees rupees
inflammable articles.
81. Sections 349A ... Provision as to height of Twenty thousand Four thousand
and 349B buildings. rupees rupees
82. Section 349C ... Provision as to height of Fifty thousand Ten thousand
frame buildings. rupees rupees
83. Section 349D ... Alteration and provision of Twenty thousand Four thousand
staircase to allow safe exit rupees rupees
in the event of fire.
84. Section 353 ... Provision for enforcement Fifty thousand Ten thousand
of provisions concerning rupees rupees
buildings and walls.
85. Section 353A ... Provision as to completion Twenty-five Five thousand
certificates. thousand rupees rupees
1
[85A. Section 353B ... Provisions as to Structural Twenty-five Twenty-five
Stability Certificate. thousand rupees thousand rupees
or the amount or the amount
equal to property equal to property
tax of the tax of the
building, for a building, for a
period of one period of one
year, whichever year, whichever
is higher is higher]
86. Section 354AA, ... Erection or re-erection of Twenty thousand Four thousand
sub-section (7) any building in rupees rupees
contravention of the
declaration.
87. Section 354RK,... Construction or Ten thousand Two thousand
sub-section (8) re-construction of building rupees rupees
within any re-development
area without permission.
88. Section 356 ... Regulations prescibed for One thousand Two hundred
licensed surveyors and rupees rupees
plumbers.
1
Entry 85A was inserted by Mah. 6 of 2009, s. 3.
H 4094—52
 H 4094 (367-375) L-1
376 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(1) (2) (3) (4) (5)

89. Section 357 ... Licensed plumber not to One thousand Two hundred
demand or receive more rupees rupees
than the prescribed fee.
90. Section 358 ... Licensed plumber to be One thousand Two hundred
bound to execute work rupees rupees
properly.
91. Section 368, ... Collection, removal and Ten thousand Two thousand
sub-sections deposit of refuse and rupees and five hundred
(1), (2), (3) provision of receptacles. rupees
and (4)
92. Section 370 ... Collection and removal of One thousand Two hundred
excrementitious and rupees fifty rupees
polluted matter to be
provided for by occupier in
certain cases.
93. Section 371 ... Halalkhore’s duties in Five hundred One hundred
certain cases not to be rupees rupees
discharged by private
individuals without
permission.
94. Section 372, ... Provision as to removal of Two thousand Five hundred
clauses (a), (b), refuse. and five hundred rupees
(c), (d), (e) rupees
and (f)
95. Section 372, ... Provision as to removal and Five thousand One thousand
clause (g) skinning of carcasses. rupees rupees
96. Section 375 ... Requisition to cleanse and Five thousand One thousand
lime wash building. rupees rupees
97. Section 375A ... Requisition to remove Five thousand One thousand
building materials, etc., rupees rupees
from any premises.
98. Section 376 ... Prohibition of nuisance, in Five thousand One thousand
unoccupied or abandoned rupees rupees
premises.
99. Section 377 ... Requisition to cleanse, etc., Five thousand One thousand
neglected premises. rupees rupees
100. Section 377A, ... Requisition to abate Two thousand Five hundred
sub-sections nuisance or to prevent and five hundred rupees
(1) and (2) recurrence due to leakage rupees
in the roofs of buildings.
101. Section 378, ... Provision as to buildings Five thousand One thousand
sub-section (2) unfit for human habitation. rupees rupees
102. Section 379 ... Owner or occupier of a Five thousand One thousand
house within seven days of rupees rupees
receipt of notice, to give
statement of accommodation.
103. Section 379A, ... Requisition by Metropolitan Two thousand Four hundred
sub-section (1) Magistrate to abate rupees rupees
overcrowding.
104. Section 379A, ... Requisition by owner Two thousand Four hundred
sub-section (3) pursuant to order under rupees rupees
sub-section (1).
105. Section 380 ... Requisition to remove or Two thousand Five hundred
alter insanitary huts. and five hundred rupees
rupees
106. Section 381 ... Requisition to fill in pools, Ten thousand Two thousand
etc., which are a nuisance. rupees rupees
107. Section 381A, ... Digging or constructing Five thousand Two thousand
sub-section (1) well, etc., without rupees rupees
permission.
 H 4094 (367-375) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 377

(1) (2) (3) (4) (5)

108. Section 381A, … Requisition to fill in or Ten thousand Two thousand

sub-section (2) demolish well, etc. rupees. rupees.
109. Section 381B … Prohibition of mosquito Ten thousand Two thousand
breeding in collection of rupees. rupees.
water on any land.
110. Section 382 ... Requisition to discontinued Ten thousand Two thousand
dangerous quarrying. rupees. rupees.
111. Section 383, ... Requisition to removed or One thousand Two hundred
sub-section (1) trim trees, shrub or hedges. rupees. rupees.
112. Section 384, ... Prohibitions as to keeping Two thousand Five hundred
sub-section (1) of animals. and five hundred rupees.
rupees.
113. Section 384A ... Requisition to discontinue, Two thousand Five hundred
etc., stabling animals or and five hundred rupees.
storing grains, etc., in rupees.
dwelling house.
114. Section 385, ... Prompt notice to be given to One thousand One hundred
sub-section (2) Health Department for rupees. rupees.
removal of carcasses of dead
animals without authorisation
of the Commissioner.
115. Section 388, ... Prohibition of bathing, etc., Five thousand Two hundred
clauses (e), (f) contrary to order of rupees. fifty rupees.
and (g) regulation.
116. Section 390, ... Factory, etc., not to be newly Fifty thousand Ten thousand
sub-section (1) established or worked rupees. rupees.
without permission.
117. Section 390, ... Prohibition of continuance Fifty thousand Ten thousand
sub-section (3) or resumption of working of rupees. rupees.
factory, etc., after revocation
of written permission for its
establishment.
118. Section 392, ... Requisition for sanitary Twenty-five Five thousand
sub-section (1) regulation of factories. thousand rupees. rupees.
119. Section 393, ... Prohibition of use of steam- One thousand Two hundred
sub-section (1) whistle, etc., without rupees. rupees.
permission.
120. Section 394, ... Certain articles not to be Twenty-five Five thousand
sub-section (1), kept and certain trades, thousand rupees. rupees.
processes and operations
not to be carried on without
licence.
121. Section 394, ... Licence to be kept on Two thousand Five hundred
sub-section (6) premises, board to be and five hundred rupees.
displayed indicating nature of rupees.
articles kept or trade carried
on and proper lables to be
put on licensable articles.
122. Section 395, ... Prohibition of corruption of Twenty thousand Four thousand
sub-section (1) water by chemicals, etc. rupees. rupees.
123. Section 397, ... Regulation of washing of Two thousand Four hundred
sub-section (1) clothes by washermen. rupees. rupees.
124. Section 401, ... Prohibition of sale in Two thousand Five hundred
sub-section (1) Municipal market without and five hundred rupees.
licence. rupees.
125. Section 402, ... New private market not to Fifty thousand Ten thousand
sub-section (2) be opened without sanction rupees. rupees.
licence.
126. Section 403, ... Private market or slaughter- Ten thousand Two thousand
sub-section (1) house not to be kept or rupees. rupees.
permitted to be kept open
without licence.
 H 4094 (367-375) L-1
378 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(1) (2) (3) (4) (5)

127. Section 404 ... Prohibition of sale in One thousand Two hundred
unauthorised private rupees. fifty rupees.
market.
128. Section 405 ... Requisition to pave and Five thousand One thousand
drain private market rupees. rupees.
buildings and
slaughter-houses.
129. Section 406 Regulations framed for One thousand Two hundred
markets and rupees. fifty rupees.
slaughter-houses.
130. Section 407A ... Removal of cattle, sheep, One thousand Five hundred
goats or swine from any rupees. rupees.
municipal slaughter-house,
market or premises.
131. Section 408, ... Regulations and table of Five hundred One hundred
sub-section (2) stallage, fees and rents rupees. rupees.
affixed in markets and
slaughter-houses not to be
destroyed or defaced.
132. Section 410, ... Prohibition of sale of Two thousand Five hundred
sub-section (1) animals, etc., except in a and five hundred rupees.
market. rupees.
133. Section 411 ... Butchers and persons who Ten thousand Two thousand
sell or supply flesh of rupees. rupees.
animal to be licensed.
134. Section 412A ... Milk, butter, etc., not to be Two thousand Five hundred
sold without a licence. and five hundred rupees.
rupees.
135. Section 421 ... Information to be given of Five thousand One thousand
existence of dangerous rupees. rupees.
disease or continuous
pyrexia of unknown origin
by medical practitioners.
136. Section 423, ... Prohibition of use for Five thousand One thousand
sub-section (2) drinking of water likely to rupees. rupees.
cause dangerous disease.
137. Section 424, ... Direction to remove Five thousand One thousand
sub-section (2) patients to hospital. rupees. rupees.
138. Section 425, ... Requisition to disinfect Five thousand One thousand
sub-section (1) buildings. rupees. rupees.
139. Section 426A, ... Second-hand clothing and Ten thousand Two thousand
sub-section (1)bedding not to be brought rupees. rupees.
into city without informing
the Commissioner and
getting them inspected.
140. Section 426A, ... Second-hand clothing and Ten thousand Two thousand
sub-section (4) bedding brought into city not rupees. rupees.
to be dealt with or disposed
of until a certificate by the
Commissioner has been
given.
141. Section 427, ... Where a place for washing Two thousand Five hundred
sub-section (2) of infected articles has been and five hundred rupees.
appointed such articles not rupees.
to be washed at places not
so appointed.
142. Section 427, ... Direction to disinfect or Two thousand Five hundred
sub-section (3) destroy infected articles. and five hundred rupees.
rupees.
143. Section 428, ... Persons suffering from One thousand Two hundred
sub-section (1) dangerous disease not to two hundred fifty fifty rupees.
enter a public conveyance rupees.
without notifying the same.
 H 4094 (367-375) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 379

(1) (2) (3) (4) (5)

144. Section 430 ... Provision as to carriage of Ten thousand Two thousand
persons suffering from rupees. rupees.
dangerous disease in public
conveyance.
145. Section 431 ... Public conveyance which has Ten thousand Two thousand
carried a person suffering rupees. rupees.
from dangerous disease to be
disinfected.
146. Section 432, ... Infected articles not to be Ten thousand Two thousand
sub-section (1) transmitted, etc., without rupees. rupees.
previous disinfection.
147. Section 433, ... Infected building not to be Ten thousand Two thousand
sub-section (1) let without being rupees. rupees.
first disinfected.
148. Section 435 ... Places for the disposal of Five thousand One thousand
the dead to be registered. rupees. rupees.
149. Section 437 ... New places for disposal of Twenty-five Five thousand
the dead not to be opened thousand rupees. rupees.
without permission.
150. Section 440, ... Prohibition of burials within Ten thousand Two thousand
sub-section (1) places of worship and rupees. rupees.
exhumations without
permission.
151. Section 441 ... Acts prohibited in Five thousand One thousand
connection with the disposal rupees. rupees.
of the dead.
152. Section 446, ... Information of birth to be Two thousand Five hundred
sub-section (1) given within seven days. and five hundred rupees.
rupees.
153. Section 447 ... Information respecting Two thousand Five hundred
finding of new born child to and five hundred rupees.
be given. rupees.
154. Section 449 ... Information of death to be Two thousand Five hundred
given at the time when the and five hundred rupees.
corpse of the deceased is rupees.
disposed of.
155. Section 450, ... Medical practitioner who Two thousand Five hundred
sub-section (1) attended a deceased person and five hundred rupees.
to certify the cause of death. rupees.
156. Section 457 ... Obligation to fill up blank One thousand Two hundred
schedules and returns. rupees. rupees.
157. Section 459 ... Military, naval and police One thousand Two hundred
officers and certain others rupees. rupees.
if required, to act as
enumerators.
158. Section 469, ... Boards for exhibiting One thousand Two hundred
sub-section (1) by-laws to be open to rupees. rupees.
inspection.
159. Section 469, ... Boards not be injured or Five hundred One hundred
sub-section (2) defaced etc. rupees. rupees.
160. Section 479, ... Grantee to be bound to One thousand Two hundred
sub-section (5) produce licence or written rupees. rupees.
permission.
161. Section 485A, ... Requisition to furnish One thousand Two hundred
sub-section (2) information as to nature or rupees rupees.
interest in any premises.
162. Section 507, ... Occupier of building or land Ten thousand Two thousand
sub-section (3) to afford owner facilities for rupees rupees.]
complying with provisions
of this Act, etc., after eight
days from issue of order by
Chief Judge of Small Causes
Court.
 H 4094 (376-381) L-1
380 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Continuing 1
[472. Whoever, after having been convicted of—
offences.
(a) contravening any provision of any of the sections, sub-sections or clauses mentioned
in the first column of the following table, or of any regulation made thereunder, or

(b) failing to comply with any requisition lawfully made upon him under any of the said
sections, sub-sections or clauses,

continues to contravene the said provisions or to neglect to comply with the said requisition
or fails to remove or rectify any work or thing done in contravention of the said provision,
as the case may be, shall be punished, for each day that he continues so to offend, with
fine which may extend to the amount mentioned in that behalf in the third column of the
said table 2[subject however, to minimum daily fine which shall not be less than the amount
mentioned, in the fourth column of the said table].

Explaination.—The entries in the second column of the said table headed “Subject” are
not intended as definitions of the offences described in the sections, sub-sections and clauses
mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses,
but are inserted merely as references to the subject of the sections, sub-sections and clauses,
the numbers of which are given in the first column.
Sr. Section Daily fine which Minimum daily
No. sub-section Subject may be imposed fine which shall
or clause be imposed
(1) (2) (3) (4) (5)

1. Section 223, ... Buildings, etc., not to be One thousand Two hundred
sub-section (1) erected without permisison rupees rupees
over municipal drains.

2. Section 229 ... Connection with municipal One thousand Two hundred
drains, etc., not to be made rupees rupees
except in conformity with
section 227 or 228.

3. Section 229A, ... Buildings, etc., not to be One thousand Two hundred
sub-section (1) erected without permission rupees rupees
over any drain.

4. Section 230A ... Owner of land to allow Five hundred One hundred
others to carry drain rupees rupees
through the land.

5. Section 231 ... Requisition to enforce Five hundred One hundred

drainage of undrained rupees rupees
premises situated within
a hundred feet of a
municipal drain.

6. Section 232 ... Requisition to enforce Five hunderd One hundred

drainage of undrained rupees rupees
premises not situated within
a hundred feet of a
municipal drain.

1
Section 472 was substituted for the original section by Bom. 5 of 1905, s. 58.
2
These words were inserted by Mah. 21 of 1989, s. 55 (a).
 H 4094 (376-381) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 381

(1) (2) (3) (4) (5)

7. Section 233, ... Direction, limiting the use Five hundred One hundred
sub-section (1), of drain of notice requiring rupees rupees
clause (b) the construction of a
distinct drain.

8. Section 233A, ... Drain for sole use of Five hundred One hundred
clause (b) property to be maintained in rupees rupees
good repair, etc., by owner
or occupier of property.

9. Section 236 ... Owner of drain to allow use Five hundred One hundred
or joint ownership thereof rupees rupees
by others.

10. Section 240 ... Drains not to pass beneath One thousand Two hundred
buildings. rupees rupees

11. Section 243, ... Rquisition to cover of Five hundred One hundred
sub-section (2) ventilate drain or cesspool. rupees rupees

12. Section 248, ... Requisition to enforce the Five hundred One hundred
sub-section (1) provision of privy rupees rupees
accommodation, etc.

13. Section 249 ... Requisition to provide privy Two thousand Five hundred
accommodation for factories. rupees rupees

14. Section 249A ... Requisition respecting Two thousand Five hundred
unhealthy privies. rupees rupees

15. Section 250, ... Provision to privies Five hundred One hundred
sub-section (1) rupees rupees

16. Section 251 ... Provision as to water closets. Five hundred One hundred
rupees rupees

17. Section 257 ... Requisition to effect One thousand Two hundred
sanitary repairs, etc. rupees rupees

18. Section 259A, ... Provisions as to employment Five thousand One thousand
sub-sections (1) of licensed plumber and use rupees rupees
and (4) of work.

19. Section 259A, ... Licensed plumber to give One thousand Two hundred
sub-sections (2) and sign certificate. rupees rupees
and (3)

20. Section 268, ... Buildings, etc., not to be One thousand Five hundred
sub-section (1) erected over water main rupees rupees
without permission.

21. Section 270A ... Premises not be occupied Five thousand One thousand
without Commissioner’s rupees rupees
certificate in respect of
adequate water supply.

22. Section 271, ... Requisition to obtain private One thousand Two hundred
sub-section (2) water supply and to provide rupees rupees
supply and distributing
pipes, etc.

23. Section 274 ... Requisition to provide One thousand Two hundred
cisterns and fittings or rupees rupees
means of access to any
cisterns.

24. Section 297, ... Buildings not to be Ten thousand Three thousand
sub-section (3) constructed within the rupees rupees
regular line of street
without permission.
 H 4094 (376-381) L-1
382 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(1) (2) (3) (4) (5)

25. Section 305 ... Requisition as to levelling One thousand Two hundred
and draining of private rupees rupees
streets.

26. Section 312, ... Prohibition of structures or Two thousand Five hundred
sub-section (1) fixtures causing obstruction rupees rupees
in streets.

27. Section 313, ... Prohibition of deposit, etc., Two thousand Five hundred
sub-section (1) of things in streets. rupees rupees

28. Section 313A ... Prohibition of hawking or Five hundred One hundred
exposing for sale any article rupees rupees
in a public place or street
without a licence.

29. Section 313B ... Prohibition in a public place Five hundred One hundred
or street of use of skill in rupees rupees
handicraft or in rendering
services without a licence.

30. Section 315 ... Requisition to remove One thousand Two hundred
structures or fixtures rupees rupees
erected or set up before
section 312 came into force.

31. Section 322, ... Streets not to be opened or Five thousand One thousand
sub-section (1) broken up and building rupees rupees
materials not to be deposited
thereon without permission.

32. Section 323 ... Precautions for public safety Five thousand One thousand
to be taken by persons to rupees rupees
whom permission is granted
under section 322.

33. Section 324, ... Persons to whom permission One thousand Two hundred
sub-section (1) is granted under section 322, rupees rupees
must reinstate streets.

34. Section 326 ... Hoards to be set up during Two thousand Five hundred
work on any building rupees rupees
adjacent to a street.

35. Section 328, ... Sky-signs not to be erected One thousand Four hundred
sub-seciton (1) or retained without rupees rupees
permission.

36. Section 328A, ... Advertisement on certain One thousand Two hundred
sub-section (1) sites, vehicles, etc., not to be rupees rupees
exhibited without
permission.

37. Section 329, ... Requisition to repair, protect One thousand Five hundred
sub-section (1) or enclose dangerous place. rupees rupees

38. Section 334, ... Requisition to alter One thousand Two hundred
sub-section (1) situation of gas-pipes, etc. rupees rupees

39. Section 335, ... Buildings, etc., not to be One thousand Two hundred
sub-section (1) erected without permission rupees rupees
over municipal gas-pipes.

40. Section 347, ... Work not to be commenced Fifteen thousand Three thousand
sub-section (1) without notice. rupees rupees
 H 4094 (376-381) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 383

(1) (2) (3) (4) (5)

41. Section 347B ... Building or any part of a Ten thousand Three thousand
building originally rupees rupees
constructed or authorised to
be used for human
habitation not to be used as
a godown, etc., without
permission.

42. Section 347C ... Building originally Ten thousand Three thousand
constructed or authorised to rupees rupees
be used for human
habitation not to be altered
without permission for the
purpose of using it as
godown, etc.

43. Section 349 ... Roof and external walls of One thousand Two hundred
buildings not to be of rupees rupees
inflammable material.

44. Sections 349A ... Provisions as to height of Ten thousand Two thousand
and 349B buildings. rupees rupees

45. Section 349C ... Provisions as to height of Ten thousand Two thousand
frame buildings. rupees. rupees.

46. Section 349D ... Alteration and provision of Two thousand Five hundred
staircases to allow safe exit rupees. rupees.
in the event of fire.

47. Section 353A ... Provision as to completion Ten thousand Two thousand
certificates; permisison to rupees rupees
occupy or use.

48. Section 354AA, ... Erection or re-erection of Ten thousand Two thousand
sub-section (7) any building in rupees rupees
contravention of the
declaration.

49. Section 354RK, ... Construction or re- Ten thousand Three thousand
sub-section (8) construction of building rupees rupees
within any re-development
area without permission.

50. Section 358 ... Licensed plumber to be One thousand Two hundred
bound to execute work rupees rupees
properly.

51. Section 368, ... Collection, removal and One thousand Two hundred
sub-sections (1), deposit of refuse and rupees rupees
(2),(3),(4)and (5) provision of receptacles.

52. Section 372 ... Provision to removal of One thousand Two hundred
refuse rupees rupees

53. Section 375 ... Requisition to cleanse and Five hundred One hundred
limewash building. rupees rupees

54. Section 375A ... Requisition to remove One thousand Two hundred
building materials, etc., from rupees rupees
any premises.

55. Section 377 ... Requisition to cleanse, etc., Five hundred One hundred
the neglected premises. rupees rupees
 H 4094 (376-381) L-1
384 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(1) (2) (3) (4) (5)

56. Section 377A, ... Requisition to abate or to Two thousand Five hundred
sub-sections (1) prevent recurrence of rupees rupees
and (2) leakage in the roofs of
buildings.

57. Section 379 ... Owner or occuper of house Two thousand Four hundred
to give statement of rupees rupees
accommodation within
seven days of receipt of
notice.

58. Section 379A, ... Requisition by Metropolitan Two thousand Four hundred
sub-section (1) Magistrate to abate over rupees rupees
crowding.

59. Section 379A, ... Requisition by owner Two thousand Four hundred
sub-section (3) pursuant to order under rupees rupees
sub-section (1).

60. Section 380 ... Requisition to remove or Five hundred One hundred
alter insanitary hut. rupees rupees

61. Section 381 ... Requisition to fill in pools, Two thousand Five hundred
etc., which are nuisance. rupees rupees
62. Section 381A, ... Requisition to fill in or Two thousand Five hundred
sub-section (2) demolish well, etc. rupees rupees

63. Section 381B ... Prohibition of mosquito Two thousand Five hundred
breeding in collection of rupees rupees
water on any land.

64. Section 382 ... Requisition to discontinue Ten thousand Two thousand
dangerous quarrying. rupees rupees

65. Section 383, ... Requisition to remove or Five hundred One hundred
sub-section (1) trim trees, shrubs or hedges. rupees rupees

66. Section 384, ... Prohibition as to the One thousand Two hundred
sub-section (1) keeping of animals. rupees rupees

67. Section 384A ... Requisition to discontinue, Two thousand Five hundred
etc., stabling animals in rupees rupees
dwelling houses.

68. Section 390, ... Prohibition of working of Fifty thousand Ten thousand
sub-section (1) factory, etc., established rupees rupees
without written permission.

69. Section 390, ... Prohibition of continuance Fifty thousand Ten thousand
sub-section (3) or resumption of working of rupees rupees
factory, etc., after
revocation of written
permission for its
establishment.

70. Section 392, ... Requisition for sanitary Ten thousand Three thousand
sub-section (1) regulation of factories, etc. rupees rupees

71. Section 394, ... Certain articles not to be Twenty thousand Four thousand
sub-section (1), kept and certain trades, rupees rupees
clauses (a) (ii) processes and operations
and (b) to (f) not to be carried on,
without licence.
 H 4094 (376-381) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 385

(1) (2) (3) (4) (5)

72. Section 394, ... Licence to be kept on the Two thousand Five hundred
sub-section (6) premises, board to be rupees rupees
displayed indicating nature
of articles kept or trade
carried on and proper labels
to be put on articles, etc.
73. Section 395, ... Prohibition of corruption of Fifty thousand Ten thousand
sub-section (1) water by chemicals, etc. rupees rupees
74. Section 397, ... Regulation of washing of One thousand Two hundred
sub-section (1) clothes by washerman. rupees rupees
75. Section 403, ... Private markets not to be Five thousand One thousand
sub-section (1) kept or permitted to be kept rupees rupees
open and no place to be used
or permitted to be used as
slaughter-house, without
licence.
76. Section 405 ... Requisition to pave and Five thousand One thousand
drain private market rupees rupees
buildings, and slaughter
houses.
77. Section 411 ... Butchers and persons who One thousand Two hundred
sell or supply the flesh of rupees rupees
animals to be licensed.
78. Section 412A ... Milk, butter, etc., not to be One thousand Two hundred
sold without a licence. rupees rupees

79. Section 425, ... Requisition to disinfect One thousand Two hundred
sub-section (1) buildings. rupees rupees
80. Section 426A, ... Second-hand clothing and Ten thousand Two thousand
sub-section (1) bedding not to be brought rupees rupees
into city without informing
the Commissioner and
getting them inspected.
81. Section 426A, ... Second-hand clothing and Ten thousand Two thousand
sub-section (4) bedding brought into city rupees rupees
not to be dealt with or
disposed of until a certificate
by the Commissioner has
been given.
82. Section 479, ... Gurantee to be bound to One thousand Two hundred
sub-section (5) produce licence or written rupees rupees
permission.
83. Section 485A, ... Requisition to furnish One thousand Two hundred
sub-section (2) information as to nature of rupees rupees
interest in any premises.
84. Section 507, ... Occupier of building or land Five thousand One thousand
sub-section (3) to afford facilities to the rupees rupees
owner for comlying with
provisions of this Act, etc.,
after eight days from issue
of order by the Chief Judge,
Small Causes Court.
 H 4094 (382-383) L-1
386 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Offences 473. Whoever contravenes any provision of any of the sections, sub-
punishable
under the sections or clauses of this Act hereinbelow in this section mentioned or of
Penal Code. any regulation made thereunder, and whoever fails to comply with any
requisition lawfully made upon him under any of the said sections, sub-
sections or clauses, shall be deemed to have committed an offence punishable
under the section of the Indian Penal Code hereinbelow in this section
respectively specified as the section of the said Code under which such XLV of
1860.
person shall be punishable, namely:—
Sections of this Act Sections of the Indian
Penal
Code under whioffenders
are punishable
1
[* * * * * *]
28, clause (j) .. .. .. 177.
155, sub-sections (1) and (2), 187 .. .. 176 or 177, as the
case may be.
2
[* * * * * *]
388, clauses (a), (b), (c) and (d), 389 .. .. 277.
434, sub-section (1) .. .. 188.
Punishment for [473A. Any officer or servant of the Corporation who knowingly
3
offences of
preparing false or makes an entry in the list of persons qualified to be enrolled which
election rolls or
making false
is incorrect or false shall, on conviction, be punishable with imprisonment
entries in wards of either description which may extend to six months or with fine
lists.
which may extend to Rs. 500.]

Punishment for 474. Any councillor who knowingly acquires, directly, or indirectly,
acquiring share or
interest in contract,
any share or interest in any contract or employment with, by or on
etc. with the behalf of the Corporation not being a share or interest such as, under
Corporation. section 16 it is permissible for a councillor, to have, without being
hereby disqualified for being a councillor and any Commissioner,
4
[Director], Deputy Commissioner, municipal officer or servant who
knowingly acquires directly or indirectly, any share or interest in any
contract or employment with, by or on behalf of the Corporation, not
being a share or interest such as, under clauses (h) and (k) of section
16, it is permissible for a councillor, to have without being to hereby
disqualified for being a councillor, shall be deemed to have committed XLV of
the offence made punishable by section 168 of the Indian Penal Code. 1860.

Penalty for 5
[474A. Any person who obstructs the lawful exercise of any power
obstructing
lawful exercise of conferred by or under Chapter V-A, shall on conviction, be punished
powers under
Chapter V-A.
with fine which may extend to 6[two thousand rupees, subject however,
to a minimum fine which shall not be less than one thousand rupees.]]

Punishment of 475 (1) Whoever contravenes any provisions of sub-section (1) of section
offences against
section 267.
267 shall be punished with imprisonment which may extend to 7[six months,
or with fine which may extend to five hundred rupees,] or with both.
(2) When any person is convicted under sub-section (1), the Magistrate
who convicts him may order the immediate removal of any building
or the immediate discontinuance of the operation or use of land, in
respect of which such conviction has been held.

1
Entry relating to section 19(5) and (5A) was deleted by Mah. 8 of 1965, s. 18.
2
This entry was deleted by Mah. 11 of 2009, s. 52.
3
This section was inserted by Bom. 13 of 1938, s. 30(3).
4
This word was inserted by Mah. 53 of 1981, s. 18.
5
Section 474A was inserted by Mah. 14 of 1961, s. 10.
6
These words were substituted for the words “one thousand rupees” by Mah. 21 of 1989, s. 56.
7
These words were substituted for the words “one month, or with fine which may extend to one
hundred rupees”, by Mah. 21 of 1989, s. 57.
 H 4094 (382-383) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 387

(3) If any order made under sub-section (2) is disobeyed or the execution
thereof resisted, the offender shall be punished with imprisonment which
may extend to one month, or with fine which may extend to one hundred
rupees, or with both.
1
[475A. (1) A person to whom notice under 2[sections 351 and 354] Punishment
is served shall, on his failure to comply with the said notice,— for
commencing
(a) for restoration of the foundation, plinth or floor, or structural work
members or load bearing wall, thereby endangering the life and property contrary to
of any person occupying, resorting to or passing by such building or section 347.
any other building or place in neighbourhood thereof, shall be punished
with imprisonment for a term which shall not be less than three months
but which may extend upto three years and with a fine which shall
not be less than ten thousand rupees but which may extend to fifty
thousand rupees; and in the case of a continuing offence with a further
daily fine which may extend to one thousand rupees; or
(b) for removing, pulling down the unauthorised work, shall be punished
with imprisonment for a term which shall not be less than one month
but which may extend to one year and with a fine which shall not
be less than five thousand rupees and in the case of continuing offence
with a further daily fine which may extend to five hundred rupees.]
[475B. Where it has been brought to the notice of the Designated
3 Punishment
for failure to
Officer that erection of any building or execution of any such work take action
as is described in section 342, is commenced contrary to the provisions under section
of section 342 or 347 or is otherwise unlawfully commenced or is being 351 or 354A.
unlawfully carried on and if such Designated Officer has failed, without
sufficient reasons, to take action as provided under section 351 or 354A,
he shall, on conviction, be punished with imprisonment for a term which
may extend to three months, or with fine which may extend to twenty
thousand rupees, or with both.
475C. (1) The Commissioner may, by general or special order, either Compounding
before or after institution of the proceedings, compound any offence of certain
offences.
made punishable under section 475A.
(2) When an offence has been compounded under sub-section (1), no
further proceedings shall be taken against the accused person in respect
of the offence compounded and any proceedings if already taken, shall
stand abated, and the accused person, if in custody, shall be discharged.]
476. Whoever contravenes any provisions of section 391, whether the Punishment
person so offending be the owner or occupier of the premises in which of offences
a furnace is situated or the agent or some person employed by the against
owner or occupier for managing the same, shall be punished with fine section 391.
which may extend, on a first conviction, to 4[five hundred rupees, subject,
however, to a minimum fine which shall not be less than two hundred
rupees] and, on a second or subsequent conviction, to a sum equal to
double the amount to which it might have extended on the last preceding
conviction.
5
[476AA. Whoever contravenes 6[clause (a)(i)] of sub-section (1) of section Punishment
394 or section 394A shall, on conviction, be punished with imprisonment for keeping
for a term which may extend to two years and with fine which may certain
extend to two thousand rupees : dangerous
articles
Provided that in the absence of special and adequate reasons to the without
contrary mentioned in the judgement of the Court, such imprisonment licence in
shall not be less than six months and such fine shall not be less than prohibited
one thousand rupees]. areas.

1
Section 475A was inserted by Mah. 10 of 1998, s. 237.
2
These words and figures were substituted by Mah. 11 of 2002, s. 29.
3
These sections were added by Mah. 2 of 2012, s. 7.
4
These words were substituted for the words “ one thousand rupees ” by Mah. 21 of 1989,
s. 58.
5
Section 476AA was substituted for the original by Mah. 21 of 1989, s. 59.
6
These words, brackets, letters and figures were substituted for the word, brackets, letter and
figure “ clause (a)(ii)” by Mah. 10 of 1998, s. 238.
 H 4094 (384-393) L-1
388 Mumbai Municipal Corporation Act [ 1888 : Bom. III
Punishment [476AB. When a person is convicted of an offence of contravention
1
for foreiture of
article for of any provisions of clause (a) of sub-section (1) of section 394 or
contravention of section 394A, the Court may, in addition to any other punishment
of section 394 it may impose, direct that the articles in respect of which the offence
(1)(a) or 394A. has been committed shall, with the receptacles containing the same,
be forfeited.]
Punishment [476A. Whoever contravenes any provisions of clause (b) or (c)
2
for using or of sub-section (1) of section 403 shall, on conviction, be punished,—
permitting to
be used (a) for a first offence, with fine which may extend to 3[two thousand
without licence
any place in or
rupees] ;
without
6
[Brihan
(b) for a second and subsequent offence, with imprisonment for
Mumbai] as a term which may extend to 4[one year and with fine which may
slaughter- extend to two thousand rupees] :
house.
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgement of the Court, such
imprisonment shall not be less than 5[two months and such fine shall
not be less than four hundred rupees.]
Punishment 476B. Whoever contravenes any provisions of sub-section (1) of section
for importing
cattle, etc., in
412 shall, on conviction, be punished,—
6
[Brihan (a) for a first offence, with fine which may extend to 7[rupees two hundred] ;
Mumbai].
(b) for a second and subsequent offence, with imprisonment for a
term which may extend to 8[one year and fine which may extend to
two thousand rupees] :
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the Court, such
imprisonment shall not be less than 9[two months and such fine shall
not be less than four hundred rupees].]
Extent of 477. No person, who receives the rent of any premises in any
penal capacity described in sub-clauses (i), (ii) and (iii) of clause (m) of section
responsibility
of agents and
3, shall be liable to any penalty under this Act for omitting to do
trustees of and act as the owner of such premises if he shall prove that his
owners. default was caused by his not having funds of, or due to the owner
sufficient to defray the cost of doing the act required.
Punishment for 10
[478. Whoever brings within the limits of 6[Brihan Mumbai] any
offence relating articles liable to octroi without the payment of such tax shall, on
to octroi.
conviction, be punished with imprisonment for a term which may extend
to six months, or with fine which may extend to one thousand rupees,
or with both;and the Court trying an offence under this section may,
on such conviction, also confiscate the articles in respect of which
the offence has been committed.

1
Section 476AB was inserted by Mah. 32 of 1962, s. 6.
2
Sections 476A and 476B were inserted by Bom. 64 of 1953, s. 21.
3
These words were substituted for the words “one thousand rupees” by Mah. 21 of 1989,
s. 60(a).
4
These words were substituted for the words “ six months, and with fine which may extend to one
thousand rupees”, ibid., s.60(b).
5
These words were substituted for the words “one month and such fine shall not be less than two
hundred rupees, ibid., s. 60(c).
6
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule
4(1).
7
These words were substituted for the words “rupees one hundred” by Mah. 21 of 1989, s. 61.
8
These words were substituted for the words “six months and with fine which may extend to one
thousand rupees”, ibid., s. 61(b).
9
These words were substituted for the words “one month and such fine shall not be less than two
hundred rupees”, ibid., s. 61(c).
10
Sections 478, 478-1A and 478-1B were substituted for section 478 by Mah. 32 of 1964, s. 18.
 H 4094 (384-393) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 389
Penatly for
478-1A. Where any articles imported in 1[Brihan Mumbai] are liable evasion of
to the payment of octroi, any person who, with the intention of evading octroi.
payment of the tax introduces or attempts to introduce or causes or
abets the introduction of any such articles within the limits of 1[Brihan
Mumbai], upon which payment of octroi due on such introduction has
neither been made nor tendered, shall, on conviction, be punished with
fine 2[which shall not be less than five times but] which may extend
to ten times the amount of the tax payable.
3
[478-1AA. (1) The Commissioner or an officer not below the rank Compounding
of offence of
of Assistant Commissioner authorised in this regard by the Commissioner, evasion of
may, by an order, either before or after institution of the proceedings, octroi.
compound any offence regarding evasion of octroi, punishable under
section 478-1A, on payment of an amount equal to ten times the amount
of octroi payable in addition to the payment of amount of octroi.
(2) When an offence has been compounded under sub-section (1),
no further proceedings shall be taken against the accused person in
respect of the offence compounded and any proceedings if already taken,
shall stand abated, and the accused person, if in custody, shall be
discharged.].
478-1B. Whoever contravenes any provisions of the rules made under Penatly for
breach of octroi
section 195-1B or fails to comply with any requisition lawfully made rules.
under any such provision shall, on conviction, be punished, for each
such offence, with fine which may extend to two hundred and fifty
rupees.]
478-A. [Penalty for breach of octroi rules] Deleted by Mah. 12 of 1993,
s. 8.
478-B. [Penalty for interfering with tramways] Deleted by Mah. 12
of 1993, s. 8.

CHAPTER XIX
PROCEDURE
Licences
479. (1) Whenever it is provided in this Act that a licence or Licences and
written
a written permission may be given for any purpose, such licence or permissions to
written permission shall specify the period for which, and the restrictions specify
condition etc.,
and conditions subject to which, the same is granted, and shall be on which they
given under the signature of the Commissioner or of a municipal officer are granted.
empowered under section 68 to grant the same.
(2) For every such licence or written permission a fee may be charged Fees to be
chargeable.
at such rate as shall from time to time be fixed by the 4[Commissioner],
with the sanction of the Corporation.
(3) Subject to the provisions of 5[clauses (d) and (dd)] of section Licences and
403, any licence or written permission granted under this Act may written
permissions
at any time be suspended or revoked by the Commissioner, if any may be
of its restrictions or conditions is infringed or evaded by the person revoked, etc.
to whom the same has been granted, or if the said person is convicted
of an infringment of any of the provisions of this Act or of any regulation
or by-law made hereunder in any matter to which such licence or
permission relates.
1
These words were substituted for the words “Greater Bombay” by Mah.25 of 1996, s. 2, Schedule 4(1).
2
These words were inserted by Mah. 12 of 1993, s. 7.
3
Section 478-1AA was insered by Mah. 28 of 2012, s. 3.
4
This word was substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 196.
5
The words, letters and brackets “ clauses (d) and (dd)” were substituted for the word, letter and brackets
“clause (d)” by Bom. 32 of 1935, s. 14.
 H 4094 (384-393) L-1
390 Mumbai Municipal Corporation Act [ 1888 : Bom. III
When licence
or written (4) When any such licence or written permission is suspended or
permission is
revoked, etc.,
revoked or when the period for which the same was granted has expired
grantee to be the person to whom the same was granted shall for all purposes of
deemed to be
without a this Act, be deemed to be without a licence or written permission
licence or
written until the Commissioner’s order for suspending or revoking the licence
permission.
or written permission is cancelled by him or until the licence or written
permission is renewed, as the case may be.
Grantees to be (5) Every person to whom any such licence or written permission
bound to
produce
has been granted shall at all reasonable times while such written
licence or permission or licence remains in force, if so required by the Commissioner
written produce such licence or written permission.
permission.
Public Notices and Advertisements
Public notices 480. Whenever it is provided by this Act that public notice shall
how to be or may be given of anything, such public notice shall be in writing
made known.
under the signature of the Commissioner 1[or the General Manager]
or of a municipal officer empowered under section 2[68 or 68B] to
give the same and shall be widely made known in the locality to
be affected thereby affixing copies thereof in conspicuous public places
within the said locality, or by publishing the same by beat of bataki
or by advertisement in the local newspapers, or by any two or more
of these means and by any other means that he shall think fit.
Advertiesment 481. Whenever it is provided by this Act that notice shall be given
how to be by advertisement in the local newspapers or that a notification or
made.
any information shall be published in the local newspapers such notice,
notification or information shall be inserted if practicable, in at least
two English newspapers, one Marathi newspaper and one Gujarati
newspaper published in 3[Brihan Mumbai].
Consent, etc., 482. Whenever under this Act the doing or the omitting to do anything
of or the validity of anything depends upon the consent, approval,
4
[Commissioner,
General
declaration, opinion or satisfaction of 4[the Commissioner or the General
Manager, etc.] Manager],5 [or the Director] or of a Deputy Commissioner or any municipal
may be proved officer, a written document signed by 4[the Commissioner or General
by written
document
Manager] 6[or Director] or by such Deputy Commissioner or municipal
under his officer, purporting to convey or set forth his consent, approval,
signature. declaration, opinion or satisfaction shall be sufficient evidence of such
consent, approval, declaration, opinion or satisfaction.
Service of notices, etc.
Notice, etc., by 483. Notices, bills, schedules, summonses and other such documents
whom to be
served or
required by this Act or by any regulation or by-law made under this
presented. Act to be served upon or issued, or presented or given to any person,
shall be served, issued or presented or given, by municipal officers
or servants or by other person authorized by 4[the Commissioner or
the General Manager] in this behalf.
Service how to 484. When any notice, bill, schedule, summons or other such document
be effected on
owners of
is required by this Act, or by any regulation or by-law made under
premises and this Act, to be served upon or issued or presented to any person,
other persons. such service, issue or presentation shall except in the cases otherwise
expressly provided for in section 485, be effected,—
(a) by giving or tendering to such person the said notice, bill, schedule,
summons or other document; or
1
These words were inserted by Bom. 48 of 1948, s. 46(i),
2
These ftgures, word and letter were substituted for the figures “68” by Bom. 48 of 1948, s. 46(ii).
3
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule 4(1).
4
These words were substituted for the original by Bom. 48 of 1948, s. 47.
5
These words were inserted by Mah. 53 of 1981, s. 19 (a).
6
These words were inserted by Mah. 53 of 1981, s. 19(b).
 H 4094 (384-393) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 391

(b) if such person is not found, by leaving the said notice, bill, schedule,
summons or, other document at his last known place or abode in the 1[Brihan
Mumbai] or by giving or tendering the same to some 2[adult member] or
servant of his family; or
(c) if such person does not reside in 1[Brihan Mumbai] and his address
elsewhere is known to 3[the Commissioner or the General Manager], by
forwarding the said notice, bill, schedule, summons or other document to
him by post under cover bearing the said address ; or
(d) if none of the means aforesaid be available by causing the said notice,
bill, schedule, summons or other document to be affixed on some conspicuous
part of the building or land, if any, to which the same relates.
485. When any notice, bill, schedule, summons or other such document Service on
owner or
is required by this Act, or by any regulation or by-law made under this Act, occupier of
to be served upon or issued or presented to the owner or occupier of any premises how
to be effected.
building or land, shall not be necessary to name the owner or occupier therein,
and the service, issue or presentation thereof shall be effected, not in
accordance with the provisions of the last preceding section but as follows,
namely :—
(a) by giving or tendering the said notice, bill, schedule, summons or
other document to the owner or occupier, or if there be more than one
owner or occupier, to any one of the owners or occupiers of such building
or land; or
(b) if the owner or occupier or no one of the owners or occupiers is
found, by giving or tendering the said notice, bill, schedule, summons or
other document to some 4[adult member] or servant of the family of the
owner or occupier or of any one of the owners or occupiers; or
(c) if none of the means aforesaid be available by causing the said notice,
bill, schedule, summons or other document to be affixed in some
conspicuous part of the building or land to which the same relates.
[485A. (1) To enable him to serve any notice (including any copy of any
5 Power of
Commissioner
notice) which he is authorised or required to serve, the Commissioner may to call for
require the owner or occupier of any premises, or of any portion thereof to information as
to ownership of
state in writing, within such reasonable period as the Commissioner may premises.
prescribe in this behalf, the nature of his interest therein and the name and
address of any other person known to him as having an interest therein,
whether as freeholder, mortgage, lessee or otherwise.
(2) Any person required by the Commissioner in pursuance of sub-section
(1) to give the Commissioner any information shall be bound to comply with
the same, and to give true information to the best of his knowledge and belief.]
486. Nothing in the 6[four] last preceding sections applies to any summons The 6[four] last
sections
issued under this Act by a Magistrate.
inapplicable to
Magistrate’s
summonses.

1
These words were substituted for the words “ Greater Bombay “ by Mah. 25 of 1996,
s. 2 Schedule.
2
These words were substituted for the words “ adult male member ” by Mah. 21 of 1989, s. 62.
3
These words were substituted for the original by Bom. 48 of 1948, s. 47.
4
These words were substituted for the words “ adult male member” by Mah. 21 of 1989, s. 63.
5
Section 485A was inserted by Bom. 34 of 1954, s. 29.
6
This word was substituted for the word “three” by Bom. 34 of 1954, s. 30.
 H 4094 (384-393) L-1
392 Mumbai Municipal Corporation Act [ 1888 : Bom. III
Service of bill
for taxes by
[486A. Notwithstanding anything contained in sections 483, 484 and
1

post. 485 2[(a)], a bill for any municipal tax may be served upon the person liable
therefor by sending it by ordinary post with a pre-paid letter under a
certificate of posting addressed to such person at his last known abode or
place of business in 3[Brihan Mumbai] and every bill so sent shall be deemed
to have been served on the day following the day upon which such letter was
posted and, in proving such service, it shall be sufficient to prove that the
letter was properly addressed and posted under a certificate of posting];
4
[(b) a notice of demand may be served by registered post.]
Signature on 487. (1) Every licence, written permission, notice, bill, schedule, summons
notice, etc.,
may be
or other document required by this Act or by any regulation or by-law framed
stamped. under this Act to bear the signature of the Commissioner 5[or the General
Manager] or of any municipal officer shall be deemed to be properly signed
if it bears a fascimile of the signature of the Commissioner 5[or the General
Manager] or of such municipal officer, as the case may be, stamped thereon.
(2) Nothing in this section shall be deemed to apply to a cheque drawn
upon the municipal fund under section 113 6[or upon the 7[Brihan Mumbai
Electric Supply and Transport Fund] under section 460BB or sub-section (3)
of section 460KK or sub-section (4) of section 460 LL.]
Power of entry
Commissioner, 488. The Commissioner 8[or the General Manager] may enter into or upon
etc., may enter
any premises
any building or land, with or without assistants or workmen, in order to
for purposes of make any inspection or survey or to execute any work which is authorised
inspection, by this Act or by any regulation or by-law framed under this Act to be made
survey or
execution of or executed, or which it is necessary for any of the purposes, or in pursuance
necessary of any of the provisions of this Act or of any regulation or by- law, to make or
work. execute :
Provided that—
(a) except when it is in this Act otherwise expressly provided, no such
entry shall be made between sunset and sunrise ;
(b) except when it is in this Act otherwise expressly provided no
building which is used as a human dwelling shall be so entered unless
with the consent of the occupier thereof, without giving the said occupier
not less than twenty-four hours, previous written notice of the intention
to make such entry, and unless for any sufficient reason it shall be deemed
it expedient to furnish such information, of the purpose thereof;
(c) sufficient notice shall in every instance be given, even when any
premises may otherwise be entered without notice, to enable the inmates
of any apartment appropriated to females to remove to some part of the
premises where their privacy need not be disturbed ;
(d) due regard always be had, so far as may be compatible with the
exigencies of the purpose for which the entry is made, to the
social and religious usages of the occupants of the premises
entered.

1
Section 486A was inserted by Bom. 20 of 1952, s. 20.
2
These brackets and letter were inserted by Bom. 64 of 1953, s. 22.
3
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.
4
This clause was inserted by Bom. 64 of 1953, s. 22.
5
These words were inserted by Bom. 48 of 1948, s. 48(i).
6
This portion was added by Bom. 48 of 1948, s, 48(1).
7
These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah.
25 of 1996, s. 2, Schedule.
8
These words were inserted by Bom. 48 of 1948, s. 49.
 H 4094 (384-393) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 393

[Power of eviction
1

[488A. (1) Where the Commissioner is required by section 354RE, 378C

1 Commissioner
may evict
or 378F to cause any building or part thereof to be vacated, he may take or person
cause to be taken such steps and use or cause to be used such force as may in summarily in
the opinion of the Commissioner be reasonably necessary therefor. certain cases.

(2) The Commissioner may, after giving 15 clear day’s notice to the persons
evicted under sub-section (1), remove or cause to be removed or dispose of
by public auction any property remaining in such building.
(3) Where property is sold under sub-section (2), the sale proceeds shall,
after deducting the expenses of sale, be paid to such person or persons as
may appear to the Commissioner to be entitled to the same.]
Enforcement or orders to execute works, etc.
489. (1) When any requisition or order is made, by written notice by the Works, etc.
Commissioner or by any municipal officer empowered under section 68 in which any
person is
this behalf, under any section, sub-section or clauses of this Act mentioned required to
in sub-section (2), reasonable period shall be prescribed in such notice for execute may in
carrying such requisition or order into effect, and if, within the period so certain case be
executed by
prescribed, such requisition or order or any portion of such requisition or the
order is not complied with, the Commissioner may take such measures or Commissioner
cause such work to be executed or such thing to be done as shall, in his at such
person’s cost.
opinion be necessary for giving due effect to the requisition order so made ;
and unless it is in this Act otherwise expressly provided, the expenses thereof
shall be paid by the person or by any one of the persons to whom such
requisition or order was addressed.
2
[(2) The sections, sub-sections and clauses of this Act referred to in sub-
section (1) are the following, namely:—
Section 230, sub-section (5). Section 329, sub-section (1).
” 231 ” 334, sub-section (1).
” 232 ” 338, sub-section (2).
” 233, clause (b). ” 349, sub-section (2),
” 233, A, sub-section (b). ” 352.
” 243, sub-section (2). ” 353.
” 248, sub-section (1). ” 354.
” 249 A. 6
[ ” 363, sub-sections (1), (2), (3) and
” 257. ” (4).]
” 271, sub-section (2). ” 375.
3
[ ” 272, sub-section (5)]. 7
[ ” 375A.]
” 274, sub-sections (1) and (4A). ” 376
” 274-A, sub-sections (1) and (2).] ” 377
” 278. 7
[ ” 377A.]
” 305. ” 380.
” 308, sub-section (2). ” 381.
” 309, sub-section (1). 3
[ ” 381A, sub-section (2).]
” 311. ” 382.
” 315. ” 383, sub-section (1).
” 325. ” 392, sub-section (1).
” 326, sub-section (3). ” 405.
4
[ ” 327, sub-section (1), clause (d)]. 8[ ” 425, sub-section (1)].
5
[ ” 328, sub-section (3).]
6
[ ” 328A, sub-section (3).]
1
This heading and section 488A were inserted hy Bom. 34 of 1954, s. 31.
2
Sub-section (2) of section 489 was substituted for the original sub-section by Bom. 5 of 1905, s. 59.
3
These entries were inserted by Bom. 5 of 1938, s. 43.
4
This entry was inserted by Bom. 2 of 1911, s. 20.
5
This entry was inserted by Bom. 7 of 1921, s. 13.
6
This entry was substituted for the original one by Bom. 1 of 1925, s. 28(1).
7
These entries were added by Bom. 1 of 1925, s. 28(2).
8
This entry was inserted by Bom. 6 of 1913, s. 11.
 H 4094 (384-393) L-1
394 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(3) The Commissioner may take any measure, execute any work or cause
anything to be done under this section, whether or not the person who has
failed to comply with the requisition or order is liable to punishment or has
been prosecuted or, sentenced to any punishment for such failure.
Recovery of 490. (1) The expenses incurred by the Commissioner in effecting any
expenses of
removals by removal under section 314 1[or sub-section (3) of section 322] 2[or sub- section
the (2) or (3) of section 354A] or, in the event of a written notice issued under
Commissioner
under sections sub-section (1) of section 315 or section 354 or 380 not being complied with,
314, 315, 354
and 380.
under section 489, shall be recoverable by sale of the materials, removed,
and if the proceeds of such sale do not suffice, the balance shall be paid by the
owner of the said materials.
(2) But, if the expenses of removal are in any case paid before the materials
are sold, the Commissioner shall restore the materials to the owner thereof,
on his claiming the same at any time before they are sold or otherwise
disposed of, and on his paying all other expenses, if any, incurred by the
Commissioner in respect thereof or in respect of the intended sale or disposal
thereof.
(3) If the materials are not claimed by the owner thereof, they shall be
sold by auction or otherwise disposed of as the Commissioner thinks fit 3[if
perishable forthwith, and if other than perishable,] as soon as conveniently
may be after one month from the date of their removal, whether the expenses
of the removal have in the meantime been paid or not and the proceeds, if
any, of the sale or other disposal shall, after defraying therefrom the costs of
the sale or other disposal, and if necessary, of the removal, be paid to the
credit of the municipal fund, and shall be the property of the Corporation.
[(4) Notwithstanding anything contained in this Act, when the removal of
4

anything is effected under section 314, the Commissioner may direct that
the owner thereof shall, in addition to the expenses incurred in effecting the
removal of the thing, pay by way of penalty such sum not exceeding 5[ten
thousand rupees] as the Commissioner may specify, and such sum if not paid,
shall be recoverable in the same manner in which the expenses incurred in
effecting the removal of the thing are recoverable.]
Recovery of expenses by the Commissioner 6[and the General Manager.]
Expenses 491. (1) Whenever under this Act, or any regulation or by-law made under
recoverable
under this Act this Act, the expenses of any work executed or of any measure taken or thing
to be payable done by or under the order of the Commissioner 7[or the General Manager]
on demand;
and if not paid or of any municipal officer empowered under section 8[68 * *] in this behalf
on demand are payable by any person the same shall be payable on demand.
may be
recovered as (2) If not paid on demand the said expenses shall be recoverable by the
an arrear of
property tax. Commissioner 7[or the General Manager] subject to the provisions of sub-
section (2) of section 503, by distress and sale of the goods and chattles of the
defaulter, as if the amount thereof were a property-tax due by the said
defaulter.

1
These figures, brackets and words were inserted by Bom. 6 of 1913, s. 12.
2
These words, brackets, figures and letters were inserted by Mah. 10 of 1998, s. 240(a).
3
These words were inserted by Bom. 19 of 1930, s. 19.
4
Sub-section (4) was added by Mah. 51 of 1975, s. 19.
5
These words were substituted for the words “one thousand rupees” by Mah. 10 of 1998, s. 240(b).
6
These words were added by Bom. 48 of 1948, s. 50(i).
7
These words were inserted by Bom. 48 of 1948.
8
The word, figures and letter “or 68B” were deleted by Mah. 10 of 1998, s. 241.
 H 4094 (384-393) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 395

492. (1) If the said expenses are due in respect of some work executed or If the defaulter
thing done to, upon or in connection with, some building or land or of some is the owner of
premises in
measure taken with respect to some building or land 1[or in respect of some respect of
work executed or thing done or measure taken for giving effect to any which
expenses are
requisition or order made under sub-section (1-A) of section 377] and the payable, the
defaulter is the owner of such building or land 2[or of the premises referred occupier to be
also liable for
to in sub-section (1-A) of section 377, as the case may be,] the amount thereof payment
may be demanded from any person who at any time, before the said expenses thereof.
have been paid, occupies the said 3[building, land or premises] under the
said owner ; and in the event of the said person failing to pay the same, they
may be recovered, by distress and sale of the goods and chattles of the said
person, as if the amount thereof were a property-tax due by him :
(2) Provided as follows, namely :—
(a) unless the said person neglects or refuses, at the request of the
Commissioner 4[or the General Manager], truly to disclose the amount of
the rent payable by him in respect of the said 5[building, land or premises]
and the name and address of the person to whom the same is payable, the
said person shall not be liable to pay on account of the said expenses any
large sum then, up to the time of demand, is payable by him to the owner
on account of rent of the said 3[building, land or premises]; but it shall rest
upon the said person to prove that the amount of the expenses demanded
of him is in excess of the sum payable by him to the owner ;
(b) the said person shall be entitled to credit in account with the owner
for any sum paid by or recovered from him on account of the said expenses ;
(c) nothing in this section shall affect any agreement made between the
said person and the owner of the 3[building, land or premises] in his
occupation respecting the payment of the expenses of any such work, thing
or measure as aforesaid.
493. Instead of recovering any such expenses as aforesaid in any manner Commissioner
herein before provided, the Commissioner 7[or the General Manager] may, if 6
[or General
Manager] may
he thinks fit and with the approval of 8[the Standing Committee or the Brihan agree to
Mumbai Electric Supply and Transport Committee, as the case may be] take receive
an agreement from the person liable for the payment thereof, to pay the same payment of
expenses in
in instalments of such amounts and at such intervals as will secure the instalments.
payment of the whole amount due, with interest thereon 9[at such rate not
exceeding nine per centum per annum as the10 [Standing Committee] may fix
from time to time] within a period of not more than five years.
494. If the expenses to be recovered have been incurred in respect of any What expenses
work mentioned in any of the sections 227, clause (c), 230, 231, 233, clause (b), may be
declared to be
248, sub-section (1), 257, 272, 274, sub-section (1) , 305, 352, sub-section (1), improvement
376, 381 and 405, the Commissioner may, if he thinks fit and with the approval expenses.
of the Corporation, declare such expenses to be improvement expenses 11
[and on such declaration being made, such expenses, together with interest
thereon payable under section 495, shall be a charge on the premises in respect
of which or for the benefit of which the expenses have been incurred].

1
This portion was inserted by Bom. 5 of 1938, s. 44 (1) (a).
2
This portion was substituted by Bom. 5 of 1938, s. 44(1) (b).
3
These words were substituted by Bom. 5 of 1938, s. 44(1) (c) and (2).
4
These words were inserted by Bom. 48 of 1948, s. 51.
5
These words were substituted by Bom. 5 of 1938, s. 44(2).
6
These words were inserted by Bom. 48 of 1948, s. 52.
7
These words were substituted for the original by Bom. 48 of 1948.
8
This portion was substituted by Mah. 27 of 1999, s. 197 (a).
9
These words were substituted for the original by Bom. 76 of 1948, s. 32.
10
These words were substituted for the words “ Mayor-in Council ” by Mah. 27 of 1999, s. 197 (b).
11
This portion was added by Bom. 76 of 1948, s. 35.
 H 4094 (384-393) L-1
396 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Improvement 495. (1) Improvement expenses 1 * * * *

expenses by
whom payable.
shall be recoverable in instalment of such amount not being less for any
premises than twelve rupees per annum, and at such intervals as will suffice
to discharge such expenses together with interest thereon at the rate of six
per centum per annum within such period not exceeding thirty years as the
Commissioner, with the approval of the corporation, may in each case
determine.
(2) The said instalments shall be payable by the occupier of the premises
2
[on which the expenses and interest thereon] are so charged or, in the event
of the said premises becoming unoccupied at any time before the expiration
of the period fixed for the payment of such expenses or before the same, with
interest as aforesaid, are fully paid off, by the owner for the time being of the
said premises, so long as the same continue to be unoccupied.
Proportion of 496. (1) Where the occupier by whom any improvement expenses 3[together
improvement
expenses may
with interest thereon] are paid holds the premises on which the expenses
be deducted 3
[together with interest thereon] are charged, at a rent not less than the
from rent.
rack-rent, he shall be entitled to deduct three-fourths of the amount paid by
him on account of such expenses 3[and interest thereon as aforesaid] from
the rent payable by him to his landlord, and, if he holds at a rent less than
the rack-rent, he shall be entitled to deduct from the rent so payable by him
such proportion of three-fourths of the amount paid by him on account of
such expenses 3[and interest thereon as aforesaid] as his rent bears to the
rack-rent.
(2) And if the landlord from whose rent any deduction is so made is himself
liable to the payment of rent for the premises in respect of which the
deduction is made and holds the same for a term of which less than twenty
years is unexpired (but not otherwise), he may deduct from the rent so payable
by him such proportion of the sum deducted from the rent payable to him as
the rent payable by him bears to the rent payable to him, and so in succession
with respect to every landlord (holding for a term of which less than twenty
years is unexpired) of the same premises both receiving and liable to pay
rent in respect thereof :
(3) Provided that nothing in this section shall be construed to entitled
any person, to deduct from the rent payable by him more than the whole sum
deducted from the rent payable to him.
Redemption of 497. At any time before the expiration of the period for the payment of
charge for
improvement
any improvement expenses 4[together with interest thereon] the owner or
expenses. occupier of the premises on which they are charged may redeem such charge
by paying to the Commissioner such part of the said expenses 5[and such
interest due, if any, as may not have been already paid or recovered].
Recovery of 498. Any instalment payable under section 493 or section 495, which is
instalments
due under
not paid when the same becomes due, may be recovered by the Commissioner
sections 493 6
[or the General Manager] by distress and sale of the goods and chattels of
and 495.
the person by whom it is due as if it were a property tax due by the said
person.

1
These words were deleted by Bom. 76 of 1948, s. 34.
2
These words were substituted for the original by Bom. 76 of 1948, s. 35.
3
These words were inserted by Bom. 76 of 1948, s. 35.
4
These words were inserted by Bom. 76 of 1948, s. 36.
5
These words were substituted for the original, by Bom. 76 of 1948.
6
These words were inserted by Bom. 48 of 1948, s. 53.
 H 4094 (384-393) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 397

[499. (1) Whenever, the owner of any building or land fails to execute
1
In default of
owner the
any work which he is required to execute under this Act or under any occupier of any
regulation or by-law made under this Act, the occupier, if any, of such building premises may
execute
or land shall be entitled to execute such work in the manner set out in sub- required work
section (2). Mumbai Municipal Corporation Act [1888 : Bom. III and recover
expenses from
(2) The occupier or occupiers interested in such work may seek the the owner.

approval of the Commissioner for executing such work. The Commissioner

shall grant the approval unless other measures are taken by him to execute
the said work. While granting the approval the Commissioner shall specify
the nature of the work. Upon such approval being granted, the occupiers
shall be entitled to execute the said work and the expenses incurred for such
work shall for all purposes be binding on the owner. The occupiers shall also
be entitled to deduct amount of expenses incurred for such work from the
rent which from time to time become due by them to the owner or otherwise
recover such amount from them:
Provided that, where such work is jointly executed by the occupiers the
amount to be deducted or recovered by each occupier shall bear the same
proportion as the rent payable by him in respect of his premises bears to the
total amount of the expenses incurred for such work :
Provided further that, the total amount so deducted or recoverable shall
not exceed the amount of expenses incurred for such work.
Explanation I.—-For the purposes of this section, the expression “expenses
incurred for such work” means the total cost as certified by the Commissioner
or an architect from the panel of architects notified by the State Government
Bom for the purposes of the *Bombay Rents, Hotel and Lodging Houses Rents
LVII of
1947. Control Act, 1947, together with simple interest at ten per cent. per annum
on such amount calculated from the date of completion of such- work till the
date of deduction or recovery thereof.
Explanation II.—The approval of the Commissioner given under this section
shall include the right to enter the building or land for the purpose of
execution of work.]
500. No person who receives the rent of any premises in any capacity Limitation of
liability of agent
described in sub-clauses (i), (ii) and (iii) of clause (m) of section 3 shall be or trustee or
liable to do anything which is by this Act required to be done by the owner, owner.

unless he has sufficient funds of or due to the owner to pay for the same.
Payment of compensation
501. In any case not otherwise expressly provided for in this Act, the Compensation
for damages
Commissioner 2[or the General Manager] may, with the previous approval of may be paid by
the 3[Standing Committee or the, Brihan Mumbai Electric Supply and the
Commissioner
Transport Committee as the case may be] pay compensation to any person 4
[or General
who sustains damage by reason of the exercies of any powers vested by this Manager].

Act in the Commissioner 4[or the General Manager] or in any municipal officer
or servant.

1
Section 499 was substituted for the original by Mah. 21 of 1989, s. 64.
2
These words were substituted for the original by Mah. 21 of 1989, s. 64.
3
These portion was substituted for the words “ Mayor-in-Council” by Mah. 27 of 1999, s. 198.
4
These words were inserted by Bom. 48 of 1948, s. 54.
*
Now see the Maharashtra Rent Control Act, 1999 (Mah. XVIII of 2000).
 H 4094 (394-423) L-1
398 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Compensation 502. (1) If, on account of any act or omission any person has been convicted
to be paid by
offenders of an offence against this Act or against any regulation or by-law made under
against this Act this Act, and, by reason of the same act or omission of the said person, damage
for any damage
caused by has occured to any property of the corporation, compensation shall be paid
them. by the said person for the said damage nowithstanding any punishment to
which he may have been sentenced for the said offence.
(2) In the event of dispute, the amount of compensation, payable by the
said person shall be determined by the Magistrate before whom he was
convicted of the said offence, and on non-payment of the amount of
compensation so determined, the same shall be recovered under a warrant
from the said Magistrate as if it were a fine inflicted by him on the person
liable therefor.
Recovery of expenses or compensation in case of dispute.
In cases falling [503. (1) If, when the Commissioner 2[or the General Manager] demands
l

under section
491, dispute to payment of any expenses under section 491, his right to demand the same or
be determined the amount of the demand is disputed, or if, in the case of expenses incurred
by the Chief
Judge of the by the Commissioner in taking temporary measures, under sub-section (2) of
Small Cause section 329, the necessity for such temporary measures is disputed, the
Court.
Commissioiner 2[or the General Manager, as the case may be,] shall refer
the case for the determination of the Chief Judge of the Small Cause Court.
(2) Pending the Chief Judge’s decision the Commissioiner 2[or the General
Manager, as the case may be,] shall defer further proceedings for the recovery
of the sum claimed by him and, after the decision, shall proceed to recover
only such amount, if any, as shall be thereby ascertained to be due.
[(3) The Commissioiner or the General Manager may apply to the Chief
3

Judge that, having regard to the amount under dispute, the person or persons
should be directed to deposit in Court one-half of the amount under dispute
; and thereupon the Chief Judge shall, as far as practicable, decide the
application within fifteen days.
(4) Where the Chief Judge, after hearing the person or persons concerned,
passes an order directing deposit of one-half or such reasonable part of the
amount under dispute as he may deem proper by a specified date, it shall be
competent for the Commissioner or General Manager to withdraw the same.]
Amount of [504. If, in any case not falling under section 491, any person is required
1
expenses of
compensation by this Act, or by any regulation or by-law framed under this Act, to pay any
to be expenses or any compensation, the amount to be so paid, and if necessary,
determined in
all cases of the appointment of the same, shall, in case of dispute, be determined, except
disputes by the
Chief Judge of
as is otherwise provided in sections 502 and 515, by the Chief Judge of the
the Small Small Cause Court on application being made to him for this purpose at any
cause Court.
time within one year from the date when such expenses or compensation
first became claimable.

1
As to appeal to High Court from decision under s. 503 or s. 504. see Act 12 of 1888, s. 3.
As to period of limitation for such appeals, see by Bom. 48 of 1948, s. 5.
2
These words were inserted by Bom. 48 of 1948, s. 55.
3
Sub-sections (3) and (4) were added by Mah. 21 of 1989, s. 65.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 399

505. If the amount of any expenses or compensation ascertained in Expenses or

compensation
accordance with the last preceding section is not paid by the person liable to awarded by
pay the same on demand, it shall be recoverable as if the same were due Chief Judge
of the Small
under a decree of the Small Cause Court. Cause Court
to be
recovered, if
necessary,
as if they
were due
under a
decree of
the Court.

506. Instead of proceeding in any manner aforesaid for the recovery of Persons
liable for
any expenses or compensatioin of which the amount due has been ascertained expenses or
as hereinbefore provided, or after such proceedings have been taken compensation
may be sued
unsuccessfully or with only partial success, the sum due, or the balance of for recovery
thereof.
the sum due, as the case may be, may be recovered by a suit brought against
the person liable for the same in any Court of .competent jurisdiction.

Proceedings before the Chief Judge of the Small Cause Court

507. (1) If the owner of any building or land is prevented by the occupier Remedy of
owner of
thereof from complying with any provision of this Act or of any regulation or building or land
by-law made under this Act or with any requisition made under this Act or against
occupier who
under any such regulation or by-law in respect of such building or land, the prevents his
owner may apply to the Chief Judge of the Small Cause Court. complying with
any provisions
(2) The said Chief Judge, on receipt of any such application, may make a of this Act,.

written order requiring the occupier of the building or land to afford all
reasonable facilities to the owner for complying with the said provision or
requisition and may also, if he thinks fit, direct that the cost of such application
and order be paid by the occupier.
(3) After eight days from the date of any such order, it shall be incumbent
on the said occupier to afford all such reasonable facilities to the owner for
the purpose aforesaid as shall be prescribed in the said order; and in the
event of his continued refusal so to do, the owner shall be discharged, during
the continuance of such refusal, from any liability which he would otherwise
incur by reason of his failure to comply with the said provision or requisition.
508. (1) For the purposes of any inquiry or proceeding under this Act, Power to
summon
the Chief Judge of the Small Cause Court may summon and enforce the witnesses and
attendance of, witnesses and compel them to give evidence and compel the compel
production of
production of documents by the same means and, as far as is possible, in the documents.
same manner as is provided, in the case of the Small Cause Court by the
XV of Presidency Small Cause Courts Act, 1882 and in all matters relating to any
1882.
such inquiry or proceeding the said Chief Judge shall be guided generally by
the provisions of the said Act so far as the same are applicable.
(2) If, in any such inquiry or proceeding, the person against whom the
complaint or application has been made fails to appear, notwithstanding that
he has been duly summoned for this purpose, the said Chief Judge may hear
and determine the case in his absence.
 H 4094 (394-423) L-1
400 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(3) The costs of every such inquiry or proceeding as determined by the said
Chief Judge, shall be payable by such parties and in such proportions as the
said Chief Judge shall direct and the amount thereof shall, if necessary, be
recoverable as if the same were due under a decree of the Small Cause Court:
[Provided that if such inquiry or proceeding relates to a dispute regarding
1

expenses declared to be improvement expenses under section 494, the amount

of the costs directed by the said Chief Judge to be paid by the owner or occupier
of the premises in respect of which or for the benefit of which the improvement
expenses were incurred shall be a charge on such premises and may also be
recovered in the manner prescribed in section 495.]

Fees in 509. (1) The 2[3[State] Government] may, from time to time by notifica-
proceedings
before the tion in the 4[Official Gazette], prescribe what fee, if any, shall be paid—
Chief Judge of
the Small (a) on any application, appeal or reference made under this Act to the
Cause Court. Chief Judge of the Small Cause Court; and
(b) previous to the issue, in any inquiry or proceeding of the said Chief
Judge under this Act, of any summons or other process :
Provided that the fees, if any, prescribed under clause (a) shall not, in
cases in which the value of the claim or subject-matter is capable of being
estimated in money exceed the fees at the time being levied, under the
provisions of the Presidency Small Cause Courts Act, 1882, in cases in XV of
1882.
which the value of the claim of subject-matter is of like amount.
(2) The 2[ 3[ State] Government ] may from time to time by a like notifica-
tion determine by what person any fee prescribed under clause (a) shall be
payable.
(3) No application, appeal or reference shall be received by the said Chief
Judge, until the fee, if any, prescribed therefor under clause (a) has been
paid.

Exepmption of 510. The Chief Judge of the Small Cause Court may, whenever he thinks
poor persons
from fees. fit, receive an application, appeal or reference made under this Act, by or on
behalf of a poor person, and may issue process on behalf of any such person
without payment or on a part payment of the fees prescribed under
section 509.

Repayment of 511. Whenever any application, appeal or reference made to the Chief
half fees on
settlement Judge of the Small Cause Court under this Act is settled by agreement of the
before hearing. parties before the hearing, half the amount of all fees paid up to that time
shall be repaid by the said Chief Judge to the parties by whom the same have
been respectively paid.

1
This proviso was added by Bom. 32 of 1935, s. 15.
2
The words “ Provincial Government ” were substituted for the words “Governor in Council” by the
Adaptation Laws Order in Council.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
The words “ Official Gazette ” were substituted for the words “ Bombay Gazette ” by the Adaptation of
Laws Order, 1950.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 401

512. The Chief Judge of the Small Cause Court may— Authority to
the Chief
(a) delegate, either generally or specially to any other Judge of the said Judge of the
Small Cause
Court, power to receive applications, appeals and references under this Court to
Act and to discharge any other duty in connection with such applications, delegate
certain
appeals and references, except the hearing and adjudication thereof ; powers and
(b) if for any reason, it shall be necessary so to do in order to secure the to make
rule.
disposal of any application made to him under section 20 within the limited
period prescribed in the said section, delegate to any other Judge of the
said Court the hearing and adjudication of the said application ;
(c) from time to time, with the approval of the 1 [2[ State ] Government],
make rules, not inconsistent with this Act, providing for any matter
connected with the exercise of the jurisdiction conferred upon him by this
Act which is not herein specifically provided for.

Proceedings before Magistrates

513. All offences against this Act, or against any regulation or by-law Congnizance
of offences.
made under this Act, whether committed within or without the city, shall be
cognizable by a Presidency Magistrate; and no such Magistrate shall be
deemed to be incapable of taking cognizance of any such offence or of any
offence against any enactment hereby repealed, by reason only of his being
liable to pay any municipal tax or of his being benefited by the Municipal
Fund. 3* * *
[513A. (1) 1[The 2[State] Government] may with the consent of the
4 Appointment
of
corporation create one or more posts of Presidency Magistrates for the trial Presidency
of offences against this Act, or against any regulation or by-law made Magistrates.

thereunder, and may appoint any person to such posts and may also appoint
such ministerial officers for the Court of any such Magistrate as they may
think necessary :
Provided that notwithstanding the appointment of one or more Presidency
Magistrates under this section, it shall be open to the Chief Presidency
Magistrate, subject to the rules for the time being in force under section 21
V of of the * Code of Criminal Procedure, 1898, regulating the distribution of
1898.
business in the Courts of the Presidency Magistrates, to make such
distribution of the work of trial of such offences and of all other work before
the Courts of the Presidency Magistrate (including any appointed under this
section) as may appear to him most conducive to efficiency.
(2) Such Magistrate or Magistrates and the establishments shall be paid
such salary, pension, leave allowances and other allowances as may, from
time to time, be fixed by 1[the 2[State] Government].

1
The words “ Provincial Government ” were substituted for the words “ Governor-in Council ” by the
Adaptation Laws Order in Council.
2
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
3
The words “ to credite of which any fine inflicted by him will be payable ” were omitted by the Adaptation
of Laws Order, 1950.
4
The word “ State ” was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
New sectioin 513A was inserted by Bom. 10 of 1930, s. 4.
* Now see code of Criminal Procedure, 1973 (2 of 1974).
 H 4094 (394-423) L-1
402 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(3) The amounts of the salary, pension, leave allowances and other
allowances as fixed under sub-section (2) together with all other incidental
charges shall be reimbursed to 1[the 2[State] Government] by the Corporation
3
* * *

Provided that 1[the 2[State] Government] may, with the concurrence of

the corporation, direct that in lieu of the amounts payable under this section,
the corporation shall pay to 1[the 2[State] Government] annually, on such
date as may be fixed by 1[the 2[State] Government] in this behalf such sum
based on the average of the total amount is recovered by 1[the 2[State]
Government] from the corporation under this section during the three years
immediately preceding the date of such direction as may be determined by
1
[the 2[ State Government] in this behalf.

Limitation of [514. No person shall be liable to punishment for any offence made
4
time within
which
punishable by this Act, unless complaint of such offence is made before a
complaints of Presidency Magistrate within the time hereinafter prescribed in that behalf,
offences namely :---
punishable
under this Act
shall be (a)   if the offence be against the provisions of section 155, within six months
entertained. next after the commission of such offence ;

(b)   if the offence be against the provisions of section 5[223, 229A, 240,
258], 272(1), 6[272(5), 274A] 281, 284, 7[287-B (i), 287-B(2),] 8*or 390 9[or any by-
laws framed under sectioin 461 (b)] within three months next after the
commission or discovery of such offence;

(c)   if the offence be against any other provision of this Act, within three
months next after the commission of such offence.]

1
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
2
The word “ State1' was substituted for the word “ Provincial “ by the Adaptation of Laws Order, 1950.
3
The words, figures and brackets “and shall be a first charge on and be primarily payable from the fines
levied and recovered in respect of the offences referred to in sub-section (1), and the balance of the
fines, if any, shall be credited to the municipal fund ” were omitted by the Adaptation of Indian Laws
Order in Council.
4
This section was substituted for the original section by Bom. 2 of 1911 s. 21.
5
These figures and letter were inserted by Bom. 8 of 1918, s. 20.
6
These figures, letters and brackets were inserted by Bom. 5 of 1938, s. 45.
7
These figures and brackets repealed by Bom. 5 of 1920, s. 6.
8
The figures and brackets were deleted by Bom. 5 of 1920, s.6.
9
These words, figures, brackets and letter were inserted by Bom. 5 of 1938, s. 45.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 403

[515. (1) Any person who resides in 2[Brihan Mumbai] may complaint
1 Complaint
concerning
to a Presidency Magistrate of the existance of any nuisance, or that nuisances.
in the exercise of any power conferred by sections 224, 244, 245, 246
or 367, more than the least practicable nuisance has been created.
(2) Upon receipt of any such complaint, the Magistrate, after making
such inquiry as he thinks necessary, may if he deems fit, direct the
Commissioner—
(a) to put in force any of the provisions of this Act to take
such measures, as to such Magistrate shall seem practicable and
reasonable for preventing, abating, diminishing or remedying such
nuisance;
(b) to pay to the complainant such reasonable costs of and relating
to the said complaint and order as the said Magistrate shall
determine, inclusive of compensation for the complainant’s loss of
time in prosecuting such complaint.
(3) It shall be incumbent on the Commissioner to obey every such
order.
(4) Nothing in this Act contained shall interfere with the right of
any person who may suffer injury or whose property may be injuriously
affected by any act done in the exercise of any power conferred by
sections 224, 244, 245, 246 or 367 to recover damages for the same.
[515A. Save as otherwise provided in this Act, any notice issued,
3
Bar of
order passed or direction issued by the Designated Officer, under section jurisdiction.
351 or 354A shall not be questioned in any suit or other legal proceedings.]
[515A. Notwithstanding anything contained in section 32 of the
4 Special
V of Code of Criminal Procedure, 1898*, it shall be lawful for any Presidency provision
1898. regarding fines
Magistrate trying offences under this Act to pass sentences of fine and other
or to award any punishment under this Act in excess of his powers punishments
specified in that section.] under this Act.

Arrest of offenders
516. (1) Any police officer may arrest any person who commits in Offenders
against this Act
his view any offence against this Act or against any regulation or may in certain
by-law made under this Act, if the name and address of such person cases be
be unkonwn to him, and if such person, on demand, declines to give arrested by
police officers.
his name and address or give a name and address which such officer
has reason to belive to be false.
[(2) No person so arrested shall be detained in custody after this
5

true name and address are ascertained or without the order of nearest
Magistrate, for a longer period than twenty-four hours from the time
of arrest exclusive of the time necessary for the journey from the
place of arrest to the Court of such Magistrate.]
[516AAA. The offence under section 313, 313-A or 313-B shall be
6 Offences under
sections 313,
cognizable and bailable.] 313-A and
313-B to be
cognizable and
bailable.
1
As to appeal to High Court from orders under s. 515, see Act 12 of 1888, s. 4. As to period of limitation of such
appeals, ibid. s.5.
2
These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.
3
This section was inserted by Mah. 2 of 2012, s. 8.
4
This section was inserted by Mah. 32 of 1964, s.19.
5
This sub-section was substituted for the original by the Adaptation of Laws Order, 1950.
6
Section 516 AAA was inserted by Mah. 51 of 1975, s. 20.
*
Now See Code of Criminal Procedure, 1973 (2 of 1974).
 H 4094 (394-423) L-1
404 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Offences under [516AA. (1) The offence of contravention of any provisions of section
1
section 394 and
394-A be 394 or 394A shall be cognizable.
cognizable and
under clause
(2) The offence of contravention of clause (a) of (i) of sub-section (1) of
(a) (i) of sub- section 394 or seciton 394A shall be non-bailable.]
section (1) of
section 394 and
section 394 -A
to be non-
bailable.

Offence under [516A. The offence under clause (b) or (c) of sub-section (1) of section
2
section 403 (1)
(b) or (c) to be 403 shall be cognizable.]
cognizable.
Offence under [516B. The offence under sections 475A and 475B shall be cognizable
3
section 475A
and 475B to be and bailable.]
cognizable and
bailable. Legal Proceedings
Provisions 517. (1) The Commissioner may—
respecting
institution etc., (a) take, or withdraw from, proceedings against any person who is charged
of civil and
with--
criminal
actions and (i) any offence against this Act;
obtaining legal
advice. (ii) any offence which affects or is likely to affect any property or
interest of the corporation or the due administration of this Act;
(iii) committing any nuisance whatsoever;
(b) compound any offence against this Act, which under the law at the
time being in force may legally be compounded;
(c) defend any election petition brought under section 33;
(d) defend, admit or compromise any appeal against a rateable value 4[or
the capital value as the case may be] or tax brought under section 217;
(e) take, withdraw from, or compromise, proceedings under section 502
sub-section (2), 503, 504 and 505, for the recovery of expenses or compensation
claimed to be due to the Corporation;
(f) withdraw or compromise any claim for a sum not exceeding five hundred
rupees against any person in respect of a penalty payable under a contract
entered into with such person by the Commissioner, or, with the approval
of 5[the Standing Committee] any such claim for any sum exceeding five
hundred rupees;
(g) defend any suit or other legal proceeding brought against the
Corporation or against the Commissioner or a Deputy Commissioner or a
Municipal officer or servant in respect of anything done or omitted to be
done by them, respectively, in their official capacity;
(h) with the approval of 4[the Standing Committee] admit or compromise
any claim, suit or legal proceeding brought against the Corporation or
against the Commissioner or a Deputy Commissioner or a Municipal officer
or servant, in respect of anything done or omitted to be done as aforesaid;
(i) with the like approval, institute and prosecute any suit or withdraw
from or compromise any suit or any claim, other than a claim of the
description specified in clause (f), which has been instituted or made in the
name of the Corporation or of the Commissioner.
1
Section 516AA was inserted by Mah. 32 of 1962, s. 7.
2
Section 516A was inserted by Bom. 64 of 1953, s. 28.
3
This section was added by Mah. 2 of 2012, s. 9.
4
These words were inserted by Mah. 11 of 2009, s. 53.
5
These words were substituted for the words “Mayor in-Council” by Mah. 27of 1999, s. 199 (a).
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 405

(k) obtain such legal advice and assistance as he may from time
to time think it necessary or expedient to obtain or as he may be
desired by the corporation or 1[the Standing Committee] to obtain,
for any of the purpose mentioned in the foregoing clauses of this
section or for securing the lawful exercise or discharge of any power
or duty vesting in or imposed upon any Municipal authority or any
Municipal officer or servant:
(2) Provided that the Commissioner shall not defend any suit or
legal proceeding under clause (g) without first of all taking legal advice
with regard thereto, and shall institute and prosecute any suit which
the corporation shall determine to have instituted and prosecuted.
2
[(3) In relation to legal proceedings arising out of the acquisition,
extension, administration, operation and maintenance of the 3[Brihan
Mumbai Electric Supply and Transport Undertaking] (excepting
proceedings, if any, arising out of the acquisition made with effect
from the 7th August 1947 of the said undertaking from the Bombay
Electric Supply and Tramways Company Limited) the provisions of
sub-sections (1) and (2) shall apply as if for the words “ the Commissioner ”
the words “ the General Manager” 4[and for the words “Standing
Committee” the words “Brihan Mumbai Electric Supply and Transport
Committee ” had respectively been substituted.]
5
[(4) In regard to legal proceedings arising out of the Corporation's
powers and duties under clause (q) of section 61, the provisions of
sub-section (1), shall apply as if for the words "Standing Committee"
the words "Education Committee" had been substituted.]
CHAPTER XX.
CONTROL
518. (1) If, upon complaint being made to 6[it] and after such inquiry Power to
as 6[it] thinks fit to make, it shall at any time appear to the 8
[State]
Government to
[ [State] Government] that any of the provisions of sections 9[61,
7 8
provide for
62, 62C, 62D] 10[62E], 89F, 134, 225, 11[381, 381-A], 434, 12[438 and performance of
513A] have not been or are not being duly carried out or enforced, duties in
the 7[ 8[State] Government] may make an order prescribing, a period default of any
within which such provision shall be carried out or enforced: Municipal
authority.
(2) Provided that, except in any case which appears to the 7[8[State]
Government] to be one of emergency, no such order shall be made
until after the expiry of one month from the date of service of a
written notice on the Corporation, and if the 7[ 8[State] Government]
shall think fit, on the Commissioner, requiring cause to be shown
why such order should not be made, nor until the cause, if any so
shown has been considered by the 7[ 8[State] Government.].
(3) If, within the period prescribed in an order made under sub-
section (1) the provision is not carried out or enforced, the 7[ 8[State]
Government] may appoint some person to carry out or enforce the
same and may direct that the expense of carrying out or enforcing
such provision together with such reasonable remuneration to the person
carrying out or enforcing the same as the 7[8[State] Government] shall
determine and the cost of the proceedings under this section shall
be paid out of the Municipal fund.
1
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 199 (a).
2
This sub-section was added by Bom. 48 of 1948, s. 56.
3
These words were substituted for the words “ Bombay Electric Supply and Transport Undertaking ” by
Mah. 25 of 1996, s. 2, Schedule.
4
This portion was substituted by Mah. 27 of 1999, s. 199(b).
5
Sub-section (4) was inserted by Mah. 27 of 1999, s. 199 (c).
6
The word “ it ” was substituted for the words “ him ” and “ he ” by the Adaptation of Indian Laws Order
in Council.
7
The words “ Provincial Government ” were substituted for the words “ Governor-in-Council ”, “ ibid.
8
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
9
These figures and letters were inserted by Bom. 3 of 1907, s. 21.
10
The figures and letter " 62E " were inserted by Bom. 12 of 1925, s. 4.
11
These figures and letter were inserted by Bom. 5 of 1948, s. 46.
12
These figures, word and letter were substituted for the original word and figures “ and 438,” by Bom.
10 of 1930, s. 5.
 H 4094 (394-423) L-1
406 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Power to 1[the 519. (1) If, from the report of any person appointed by 1[the 2[State]
2
[State]
Government] Government] under section 264 to inspect the Vehar Water-works, it
to enforce shall appear to 1[the 2[State] Government] that any portion, of the
repair, etc. of said water-works is not in a sound and effective condition, 1[the 2[State]
Vehar water
works. Government] may, by notice under the signature of a Secretary to
1
[the 2[State] Government] require that the said portion of the said
works be repaired, improved or otherwise rendered sound and effective
within a reasonable time to be prescribed in the notice.
(2) The said notice shall be addressed to the corporation and to
the Commissioner and it shall be incumbent on the corporation and
on the Commissioner, within the limits of their respective powers,
to give effect thereto. If effect be not given thereto 1[the 2[State]
Government] may cause the required work to be done and may direct
that expenses thereof shall be paid by the Commissioner.
Expenses of 520. (1) When any such order as is mentioned in sub-section (3)
measures of section 518 or in sub-section (2) of section 519 shall have been
enforced under
sections 518 made, the corporation shall cause to be paid to 1[the 2[State] Government]
and 519 how to the sum or sums of money of which payment shall from time to time
be recovered.
be required, in pursuance of the said order, in any requisition signed
by a Secretary to 1[the 2[State] Government].
(2) And if, within fourteen days from the delivery of any such requisition,
the same is not complied with, 1[the 2[State] Government] may, by
a written order signed by one of their Secretaries, authorise and direct
some person to receive from the bank in which the Municipal fund
is lodged the sum or sums mentioned in the said order.
(3) The said bank shall, upon production of the said written order,
forthwith pay the said sum or sums to the person therein authorised
to receive the same and the said written order shall be a sufficient
discharge to the said bank from all liability to the corporation in respect
of any sum or sums so paid by it out of the Municipal fund.
3
[Emergency Provisions for Water.
Power of State 520A. (1) Notwithstanding anything contained in this Act or in any
Government to
issue directions
other law for the time being in force, if the State Government is
to Corporation of opinion that because of acute scarcity of water, it is necessary or
in emergency expedient so to do, for securing the maintenance or equitable distribution
arising out of
scarcity of
of water supply available from any Municipal water works or any other
water. water works, for drinking and other domestic use of the inhabitants
receiving such water supply it may, by order published in the Official
Gazette, and in such other manner as the State Government thinks
fit, direct the Corporation or any other person in charge of the water
works to regulate or prohibit the supply of water, from any such Municipal
water works or any other water works to such undertakings or class
of undertakings receiving such water supply, on such day or days,
or during such times in any day or days and during such period or
periods, as may be specified in the order.
(2) Without prejudice to the generality of the powers conferred by
sub-section (1), an order made thereunder may provide,—
(a) that any undertaking, or any section thereof, shall not take water
on any day or days, or during the time, or times in any day or days,
or during the period or periods, specified in the order;

1
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
3
The heading and section 520A were inserted by Mah. 32 of 1966, s. 7.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 407

(b) for the exemption of any undertakings or any sections thereof,

from the provisions of the order, regard being had to the nature of
the undertakings, such as, undertakings engaged for the purposes of
the defence of the country or undertaking engaged in work-which for
technical reasons must be carried out continuously or cannot be
interrupted;

(c) for any incidential or consequential or supplementary matters

(including provision for entry upon, and the inspection of, any premises)
which the State Government thinks necessary or expedient to give
effect to the purposes aforesaid.

Explanation.—In this section, “undertaking” means any undertaking

by way of industry, trade or business or building construction.

(3) (a) If any person fails to comply with, or contravenes, any of

the provisions of any order made under this section, he shall be guilty
of an offence and, without prejudice to any other penalties to which
he may be liable under this Act or any other law for the time being
in force, he shall, on conviction, be punished with imprisonment for
a term which may extend to six months, or with fine not exceeding
rupees one thousand, or with both.

(b) Where an offence under this section has been committed by a

company, every person who, at the time the offence was committed,
was in charge of, and was responsible, to the company for the conduct
of the business of the company as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly :

Provided that, nothing contained in this sub-section shall render any

such person liable to any punishment if he proves that the offence
was committed without his knowledge or that he exercised all due
diligence to prevent such offence.

(c) Notwithstanding anything contained in this sub-section, where an

offence under this section has been committed by a company and it
is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.

Explanation.— For the purposes of this sub-section,—

(i) “company” means any body corporate, and includes a firm or other
association of individuals ; and

(ii) “director” in relation to a firm means a partner in the firm.

H 4094—56
 H 4094 (394-423) L-1
408 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(4) No suit or prosecution or other legal proceedings shall lie against

any person for anything in good faith done in pursuance of the provisions
of this section; and no suit or other legal proceedings shall lie against
the Government or any local authority, for any damage caused or likely
to be caused by anything in good faith done in pursuance of the provisions
of this section.]
Power of State 1
[520B. (1) If the State Government is of opinion that the execution
Government to
suspend or of any resolution or order of the corporation or any other authority
rescind any or that the doing of any act which is about to be done or is being
resolution or done by or on behalf of the Corporation by such authority is in
order, etc. of contravention of or in excess of the powers conferred by or under
Corporation or
other authority this Act or any other law for the time being in force, or is likely
in certain to lead to abuse or misuse of, or to cause waste, of municipal fund
cases. against the interests of the public; 2[or is likely to be against the
financial interests of the corporation or against larger public interest]
the State Government may by order in writing, suspend the execution
of such resolution or order or prohibit the doing of any such act,
for such period or periods as it may specify therein. A copy of such
order shall be sent forthwith by the State Government to the Corporation
and to the Commissioner or the General Manager.
(2) On receipt of a copy of the order as aforesaid, the Corporation
or Commissioner or General Manager may, if it or he thinks fit,
make a representation to the State Government against the said order.
(3) The State Government may, after considering any representation
received from the Corporation or Commissioner or General Manager
and where no such representation is received within a period of thirty
days, either cancel, modify or confirm the order made by it under
sub-section (1) or take such other action in respect of the matter as
may in its opinion be just or expedient, having regard to all the
circumstances of the case. Where any order made under sub-section
(1) is confirmed, the State Government may direct that the resolution
or order of the Corporation or its authority in respect of which the
suspension order was made under sub-section (1), shall be deemed
to be rescinded.
(4) Where any order is made by the State Government under sub-
section (3), it shall be the duty of every Councillor and the Corporation
and any other authority or officer concerned to comply with such order.]
Power of State 3
[520C. Notwithstanding anything contained in this Act, the State
Government to
issue Government may issue to the Corporation general instructions as to
instructions or matters of policy to be followed by the Corporation in respect of its
directions. duties and functions, and in particular it may issue directions in the
larger public interest or for implementation of the policies of the Central
Government or the State Government and the National or the State
level programmes, projects and schemes. Upon the issue of such
instructions or directions, it shall be the duty of the Corporation to
give effect to such instruction or directions :
Provided that, the State Government shall, before issuing any
instructions or directions under this section, give an opportunity to
the Corporation to make representation within fifteen days as to why
such instructions or directions shall not be issued. If the Corporation
fails to represent within fifteen days or, after having represented, the
State Government, on considering the representation, is of the opinion
that issuing of such instructions or directions is necessary, the State
Government may issue the same.]

1
The section 520B was inserted by Mah. 4 of 1973, s.5.
2
These words were inserted by Mah. 32 of 2011, s.15.
3
Section 520C was substituted by Mah. 9 of 2011, s.3.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 409

Mah. X 1
[520CC. For the removal of doubt it is hereby declared that, Removal of
of 1998. notwithstanding anything contained in this Act as amended by the doubt.
Mah. 13
of 1998.
Mumbai Municipal Corporation (Amendment) Act, 1998 and the Mumbai
Municipal Corporation (Second Amendment) Act, 1998, the Corporation
2
* * * * shall not, at any time be competent to pass
any resolution or take any action or to do anything which may result
in or have the effect of, giving independent status to or separation
of the City of Mumbai from the State of Maharashtra. Any such resolution,
moved or action initiated or anything done or proposed to be done
which would result in or have the effect of, such separation shall
be illegal and void-ab-initio.]
3
[520D. If, in the opinion of the State Government,— Power to
dissolve
(a) the Corporation is not competent to perform the duties assigned Corporation.
to it by or under this Act or any other law for the time being
in force ; or
(b) the Corporation persistently makes default in the performance
of such duties, or in complying with the lawful directions or orders
issued by the State Government or any other authority empowered
under any law for the time being in force, to issue such directioins
or orders, to the Corporation ; or
(c) the Corporation exceeds or abuses its powers; or
(d) a situation has arisen in which the administration of the
Corporation cannot be carried out in accordance with the provisions
of this Act ; or
(e) the financial position and the credit of the Corporation is seriously
threatened, the State Government may, after giving the Corporation
a reasonable opportunity of being heard, by an order published in
the Official Gazette, stating the reasons therefor, dissolve the
Corporation.
520E. When the Corporation is dissolved under section 520D, the Consequences
following consequences shall ensue, namely :— of dissolution.

(a) all Councillors of the Corporation shall, as from the date specified
in the order of dissolution, vacate their offices as such
Councillors ;
(b) all the powers and functions vesting in or exercisable by the
Corporation, 4 * * * * the Mayor, the various Committees and the
Councillors, under this Act or any other law for the time being
in force shall vest in and be exercisable by such Government officer
or officers, as the State Government from time to time, appoints
in this behalf, and such officer or officers shall receive such
remuneration from the municipal fund as the State Government may,
from time to time, determine ;
(c) all property vested in the Corporation shall during the period
of dissolution, vest in the State Government.
520F. When the Corporation is dissolved under section 520D, general Reconstitution
election shall be held to constitute the Corporation on such date as of Corporation
after
may be specified by the State Election Commissioner : dissolution.
Provided that, the election to constitute the Corporation shall be
completed before the expiration of the period of six months from the
date of dissolution of the Corporation.]

1
Section 520CC was inserted by Mah. 13 of 1998, s. 20.
2
The words “ or Mayor-in-Council ” were deleted by Mah. 27 of 1999, s. 201.
3
These sections were inserted by Mah. 10 of 1998, s. 206.
4
The words “ Mayor-in-Council ” were deleted by Mah. 27 of 1999, s. 202.
H 4094—56
 H 4094 (394-423) L-1
410 Mumbai Municipal Corporation Act [ 1888 : Bom. III

CHAPTER XXI
SUPPLEMENTARY PROVISION.
Councillors, 521. [(1)] The Commissioner, 2[Director, Deputy Commissioner,]
l

etc., to be 3
[General Manager] and every councillor and every municipal officer or
deemed to be servant appointed under this Act 4[and every person appointed to make a
public servants.
valuation under sub-section (1) of section 218B], and every contractor or
agent for the collection of any municipal tax and every servant or other
person employed by any such contractor or agent, shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code. XLV of
1860.
[(2) Every Councillor shall be deemed to be a public servant within the
5
49 of
meaning of clause (c) of section 2 of the Prevention of Corruption Act, 1988.
1988.]
Power of State [521A. Notwithstanding anything contained in section 197 of the Code
6
2 of
Government to
accord previous
of Criminal Procedure, 1973 and section 19 of the Prevention of Corruption 1974.

sanction. Act, 1988, in case of Councillor, the State Government shall be competent 49 of
to accord previous sanction as required under the said sections 197 and 1988.
19.]
Co-operation of 522. (1) The Police Commissioner shall, as far as may be, co-operate,
Police. by himself and through his subordinates, with the Commissioner 7[and the
General Manager] for carrying into effect and enforcing the provisions of
this Act and for the maintenance of good order in 8[Brihan Mumbai].
(2) It shall be the duty of every police officer in 8[Brihan Mumbai] to
communicate without delay to the proper muicipal officer any information
which he receives of a design to commit or of the commission of any offence
against this Act or against any regulation or by-law made under this Act,
and to assist the 9[Commissioner, the General Manager] or any municipal
officer or servant reasonably demanding his aid for the lawful exercise of
any power vesting in the 9[Commissioner, the General Manager] or in such
municipal officer or servant under this Act.
Assistance for [522A. For the purpose of the recovery of any amount due on account
10
the recovery of of rent from any person to the corporation in respect of any land in the
rent on land in
the suburbs suburbs, 11[or extended suburbs] vested in or otherwise held by the
11
[or extended corporation, the corporation shall be deemed to be a superior holder and
suburbs.] every such person an inferior holder of such land within the meaning of
section 86 and 87 of the Bombay Land Revenue Code, 1879* and the Bom. V
of 1879.
corporation as superior holder shall be entitled, for the recovery of such
amount, to all the assistance to which under the said sections a superior
holder is entitled for the recovery of rent of land revenue payable to him
by an inferior holder.]
Computation of 523. (1) In computing any limited time before or from or after any date
time. or even which is appointed or allowed by or under this Act for the doing
of any act or the taking of any proceeding, such time shall be taken as
exclusive of the day of that date or of the happening of that event and as
ending or commencing, as the case may be, at the end of the last preceding
day, or the beginning of the next following day.

1
This section 521 was renumbered as sub-section (1) by Mah. 34 of 2014, s.2.
2
These words were substituted for the words “ and Deputy Commissioner,” by Mah. 53 of 1981, s. 20.
3
These words were inserted by Bom. 48 of 1948, s. 57.
4
These words and figures were inserted by Bom. 76 of 1948, s. 37.
5
Sub-section (2) was added by Mah. 34 of 2014, s. 2.
6
Section 521A was inserted by Mah. 34 of 2014, s. 3.
7
These words were inserted by Bom. 48 of 1948, s. 58.
8
These words were substituted for the words " Greater Bombay " by Mah. 25 of 1996, s. 2, Schedule 4 (1).
9
These words were substituted for the original by Bom. 48 of 1948, s. 58.
10
Section 522A was inserted by Bom. 7 of 1950, s. 32.
11
These words were inserted by Bom. 58 of 1956, s. 25.
*
Now see, Maharashtra Land Revenue Code, 1966.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 411

(2) Where the limited time is to be computed from or after any date or
event, the act or proceeding shall be done or taken at the latest on the last
day of the limited time computed as aforesaid, unless the last day is a
Sunday or a public holiday or unless, in the case or a proceeding to be
taken before the Chief Judge of the Small Cause Court, the said Court is
closed on such last day, in which events any act or proceeding shall be
deemed to be done or taken in due time if it is done or taken on the next
day after such Sunday, or after the close of such public holiday or on the
first day when such Court re-opens, as the case may be.
(3) Where by this Act any act or proceedings is directed or allowed to
be done or taken on a certain day and such day happens to be a Sunday
or a public holiday, the act or proceeding shall be considered as done or
taken in due time of it is done or taken on the next day after such Sunday
or after the close of such public holiday.
524. The distances mentioned in this Act shall be measured in a straight Measurement
of distances.
line of a horizontal plane.
525. (1) Any informality, clerical error, omission or other defect in any Informalities
assessment made or in any distress levied or in any notice, bill, schedule, and errors in
assessments,
summons or other document issued under this Act, or under any regulation etc. not to be
or by-law* 1[or rule] made under this Act, may at any time, as far as deemed to
possible, be rectified. invalidate such
assessment,
(2) No such informality, clerical error, omission or other defect shall be etc.
deemed to render the assessment, distress, notice, bill, schedule, summons,
or other document invalid or illegal, if the provisions of this Act and of the
regulations*, 2[by-laws and rules] made hereunder have in substance and
effect been complied with ; but any person who sustains any special damage
by reason of any such informality, clerical error, omission or other defect
shall be entitled to recover compensation for the same by suit in a Court
of competent jurisdiction.
526. The 3[ 4[State] Government] may at any time call upon the Power to
corporation to furnish 5[it] with any extract from any proceedings of the 4
[State]
Government to
corporation, of Standing Committee or of any committee constituted under call for extracts
this Act or form any record under the control of the corporation and with from
any statistics concerning or connected with the administration of this Act; proceedings, etc.
and the corporation shall furnish the same without unreasonable delay.
527. (1) No suit shall be instituted against the corporation or against Protection of
persons acting
6
[the Commissioner, the General Manager] 7[or the Director] or a Deputy under this Act,
Commissioner, or against any municipal officer or servant, in respect of any against suits.
act done in pursuance or execution or intended execution of this Act or in
respect of any alleged neglect or default in the execution of this Act,—
(a) until the expiration of one month next after notice in writing has
been, in the case of the corporation, left at the chief municipal office

1
These words were inserted by Bom. 48 of 1950, s. 76 (1).
2
These words were substituted for the words “ and by-laws ” by Bom. 48 of 1950, s. 76(2).
3
The words “ Provincial Government ” were substituted for the words “ Governor-in-Council ” by the
Adaptation of Indian Laws Order in Council.
4
These words were substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
5
The word “ it ” was substituted for the word “ him ” by the Adaptation of Indian Laws Order in Council.
6
These words were substituted for the original by Bom. 48 of 1948, s. 59.
7
These words were inserted by Mah. 53 of 1981, s. 21.
*Section 80 of Bom. 48 of 1950 reads as follows :—
“ 80. (1) The amendments made by sections 64, 65 and 67 shall be deemed to have been made, on and Amendments made
to have effect from the 15th day of August 1948. by sections 64, 65,
67, 68 and 76 to
(2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have
have retrospective
effect from the 14th day of March 1944 and any order made or action taken under the said Act before the effect.
commencement of this Act shall be deemed to have been made or taken under the said Act as amended
by this Act, and no prosecution, suit or other proceeding shall lie against any person for anything in good
faith done or intended to be done in pursuance of any such order or action as the case may be.".
 H 4094 (394-423) L-1
412 Mumbai Municipal Corporation Act [ 1888 : Bom. III

and, in the case of 6[the Commissioner, the General Manager] 7[or the
Director] or of a Deputy Municipal Commissioner or of a municipal officer or
servant delivered to him or left at his office or place of abode, stating with reasonable
particularity the cause of action and the name and place of abode of the intending
plaintiff and of his attorney or agent if any, for the purpose of suit; nor*
(b) unless it is commenced within six months next after the accrual of the cause
of action.
(2) At the trial of any such suit—
(c) the plaintiff shall not be permitted to go into evidence of any cause of action
except such as is set forth in the notice delivered or left by him as aforesaid;
(d) the claim, if it be for damages shall be dismissed if tender of sufficient
amount shall have been made before the suit was instituted or if, after the institution
of the suit, a sufficient sum of money is paid into Court with costs.
(3) When the defendant in any such suit is a municipal officer or servant, payment
of the sum or of any part of any sum payable by him in or in consequence of the suit
whether in respect of cost, charges, expenses, compensation for damage or otherwise,
may be made, with the 1[previous] sanction of the 2 [Standing Committee or the
Brihan Mumbai Electric Supply and Transport Committee] from the municipal fund
or the 3[Brihan Mumbai Electric Supply and Transport Fund] as the case may be.

Savings in 4
[527A. Notwithstanding the provisions of sections 48, 65, 66 and 67 of the
respect of Bom. V
*
Bombay Land Revenue Code, 1879—
certain of 1879.
provisions of (1) the use of any land in the suburbs 5[or extended suburbs] for any purpose to
Bombay Land which it may lawfully be put under the provisions of this Act shall not be prohibited
Revenue Code,
1879.** in exercise of the powers conferred by or under the said Code;
(2) it shall be sufficient for any occupant of land in the suburbs 5[or extended
suburbs] assessed or held for the purpose of agriculture to show to the satisfaction
of the Collector that he has complied with all the requirements of this Act and the
by-laws made thereunder to entitle such occupant to permission under section 65
of the said Code, subject to the condition of the payment of altered assessment and
fine, if any, for the use of the holding or part thereof for any purpose unconnected
with agriculture.]
6
* * * * * *

1
The word “ previous ” was inserted by Bom. 19 of 1930, s. 20.
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 203.
3
These words were substituted by Mah. 25 of 1996, s. 25.
4
Section 527A was inserted by Bom. 77 of 1950, s. 33.
5
These words were inserted by Bom. 58 of 1958, s, 26.
6
Section 528 was deleted by Mah. 10 of 1998, s. 248.
*
This word was substituted for the word "or" as the letter was a misprint.
**
Now, see Maharashtra Land Revenue Code, 1966.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 413

SCHEDULE A
(See section 2)
ENACTMENTS REPEALED

No. and year of Act Title or Subject Extent of Repeal

Act of the Governor General in Council
XLVIII of 1860 ... An Act to amend Act XIII of 1856. Section 17, as amended
by Bombay Act IV of 1882
and clause (16) of section 19.
Acts of the Governor of Bombay
VI of 1865... An Act for the regulation of public In section 7, the words
conveyances in the town, suburbs “ by the Commissioner of
and harbour of Bombay. Police to the credit of the
Municipal Commissioner of
Bombay and".
Ill of 1870 ... An Act to secure the payment to The whole.
Government of certain sums of
money by the corporation of the
Justices of the Peace or the City
of Bombay.
IIIof 1872 ... The Bombay Municipal Act of 1872 The whole.
IV of 1879 ... The Bombay Municipal Act The whole.
Amendment and Continuance Act,
1878.
VI of 1878 ... An Act to remove doubts as to the The whole.
time when certain portions of the
Bombay Municipal Act Amendment
and Continuance Act, 1878, were
intended to come into force.
I of 1880 ... The Bombay Municipality's The whole.
Consolidated Loan Act, 1880.
II of 1881 ... An Act to confirm the jurisdiction The whole.
of Presidency Magistrates in
municipal cases.
VI of 1882 ... An Act to amend the Bombay The whole.
Municipal Acts of 1872 and 1878.
II of 1885 ... An Act to empower the Municipal So much as has
poration of the City of Bombay to not already been
subscribe to the Gurantee Fund of the repealed.
Bombay International Exhibition
and for other purposes.
IIIof 1885 ... An Act to provide for the occasional The whole.
appointment of a Deputy Municipal
Commissioner for the City of
Bombay.
I of 1886 ... An Act to remove certain doubts The whole.
in the construction of section 9B of
Bombay Municipal Acts of 1872 and
1878.
II of 1886 ... An Act to enable the Municipal Cor- The whole.
poration of the City of Bombay to
raise increased revenue from
town-duties.
 H 4094 (394-423) L-1
414 Mumbai Municipal Corporation Act [ 1888 : Bom. III

SCHEDULE B
(See section 24)
[Division of the city wards] Deleted by Mah. 8 of 1965, s. 19
SCHEDULE C
(See section 110)
FORM OF DEBENTURE
No. for Rs.
By virtue of the l [Mumbai Municipal Corporation Act], we the Municipal
Corporation of 2 [Brihan Mumbai], in consideration of the sum
of paid to us by A.B.
of for the purposes of the said Act promise
to pay the said A.B., his heirs, executors, administrators and assigns the
said sum of together with interest at the rate of
percentum per annum payable half-yearly on the day of and
the day of
And, by way of security for the said payment, we do hereby grant and
asign unto the said A.B., his heirs, executors, administrators and assigns
such proportion, of the moneys arising or accuring by virtue of the said Act
from (the taxes mortgaged) as the sum aforesaid both or shall bear to the
whole sum which is or shall be borrowed on the credit of the said (taxes),
to hold to the said A.B., his heirs, executors, administrators and assigns
from the day of the date hereof until the sum aforesaid with interest for
the same at the rate aforesaid shall be fully paid and satisfied;
And it is hereby declared that the said principal sum shall be repaid
on
the day of 18 at (place of
payment).
Dated this day of 18
(To be sealed with the
common seal of the corporation.)
(Signed)
Municipal Commissioner on behalf of
the Corporation.

This debenture has been sealed with the

common seal of the Municipal Corporation
of 2 [Brihan Munibai] 3 [in our presence of :—
(Signed)
1. ...................................................
Members of the Standing Committee]
2. ...................................................

SCHEDULE D [Deleted by Bom. 76 of 1948, s. 38]

1
These words were substituted for the words “ Bombay Municipal Corporation Act ” by Mah. 25 of 1996,
s.2, Schedule.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s.2, Schedule.
3
The portion beginning with the words “ in the presence of ” and ending with the words “ the
Members-in-charge ” was substituted by Mah. 27 of 1999, s. 204.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 415

SCHEDULE E
(See section 150)
FORM OF NOTICE OF TRANSFERS TO BE GIVEN WHEN THE
TRANSFER
HAS BEEN EFFECTED BY INSTRUMENT
To the Municipal Commissioner for 1
[Brihan Mumbai].
I, A.B., hereby give notice, as required by section 149
of the 2[Mumbai Municipal Corporation Act], of the following
transfer of property :—

Description of the property

Name of Vendor or Assignor

No. in Assessment Book

if instrument has been

Amount of consideration
Name of Purchaser or

registered the date of

Dimensions of Land
Of what it consists
Date of Instrument
Date of notice

Collector’s No.

Registration.
Boundaries
Situation

Remarks
Assignee

(Signed) A.B.

SCHEDULE F
(See section 150)
FORM OF NOTICE OF TRANSFERS TO BE GIVEN WHEN THE TRANSFER HAS
TAKEN PLACE OTHERWISE THAN BY INSTRUMENT

To the Municipal Commissioner for [Brihan Mumbai].

1

I, A.B., hereby give notice, as required by section 149 of

the 2[Mumbai Municipal Corporation Act], of the following
transfer of property :—

Description of the property

To whose name it is to
Commissioner’s Records

No. in Assessment Book

property is at present

Dimensions of Land
Of what it consists
Name in which the

entered in the
Date of notice

Collector’s No.
transferred.

Boundaries
Situation

Remarks
be

(Signed) A.B.

1
These words were substituted for words “Greater Bombay” by Mah. 25 of 1996, Schedule.
2
These words were substituted for the words “Bombay Municipal Corporation Act” by Mah.
25 of 1996, Schedule.
H 4094—56
 H 4094 (394-423) L-1
416 Mumbai Municipal Corporation Act [ 1888 : Bom. III

1
* * * * * * * *
2
[SCHEDULE G
(See section 191-E)
THEATRE TAX
Type of entertainment Maximum amount of tax
(1) Air-conditioned Cinema theatre Rs. 60 per show.
(2) Non-airconditioned Cinema Rs. 45 per show.
theatre
(3) Drama, concert, variety entertain-Rs. 25 per show.
ment or Tamasha
(4) Circus and carnivals Rs. 50 per day.
(5) Any other entertainment Rs. 30 per show or
if there are no
seperate shows
Rs. 30 per day.]

3
[SCHEDULE H
[See section 192(1)]
ARTICLES LIABLE TO PAYMENT OF OCTROI
Serial Articles Maximum rates of
No. octroi leviable
(1) (2) (3)

Group-A
1 Edibles-cocoa, cocoa-beans and Chocolats, 7 per cent ad
Cakes, fruit juices, all beverages, glucose, valorem
Destrose or any fruit sugar, all kinds of
food Colours and chemicals used for edible
Preparations, essences, glucose of all other
kinds, malt extract, ice-creams, all kinds
of concentrates and extracts used for
preparations of edibles, food substitutes and
all kinds of articles of food and drink not
specifically provided for elsewhere.

1
Schedule G was deleted by Mah. 11 of 2002, s. 30.
2
This Schedule was substituted for the Schedule G-1 by Mah. 11 of 2009, s. 54.
3
Substituted by G.N.U.D., No. B.M.C. 2587/CR-279/UD-21, dated 21st July 1998.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 417

Serial Articles Maximum rates of

No. octroi leviable
(1) (2) (3)

2 Liquors, wines, spirits and beer.

3 Methylated and denatured spirits and
Industrial alchohols.
4 Crackers, fireworks and their components and
raw materials, calcium carbide and safety fuses.
5 Cigar and cigarette holders, smoking pipes,
Cigarette paper, Cigarette filter rods, tobacco
cases and Pouches, cigar and cigarette cases,
hukka and Smoking requisites and cigarette
lighters, cigars, Cigarettes, tobacco, all othern
tobacco products, Pan-masala with or without
tobacco.
6 Timber and articles made from wood including
Doors, windows, frames, furniture, pegs,
staircases, sandal wood and articles made of
such wood.
7 Plywood, soft boards, hard boards, masonites
and their substitutes of whatever composition
and any other kind of wood of whatever
composition prepared by artificial
process and articles made thereof, sunmica,
formicaand like articles.
8 Marble and granite in blocks, slabs or polished
Form,marble and granite cut-pieces and tiles
and articles made there from.
9 Hair Oil, Perfumed oils, cosmetics, perfumery
of all kinds, scents, attars, scented material,
incense sticks, aromatic chemicals, bath soap,
shaving cream, shaving sticks,
pomade, toilet requisites of all kinds excluding
those specified elsewhere.
Group-B
10 Edibles, namely, bacon and hams, table butter, l
[5.5% ad valorem
butter other than table butter, margarine, ghee, (Except entry No. 25.
vanaspati, hydroge-nated oils, dried or reserved For entry No. 25 exist-
ing rate of 4.5 % ad
fruits and nuts including dates dry or wet, and
valorem will remain
their preparations, canned fish or unchanged)].
meat, meat fresh or preserved for whatever
use, cheese, confectionery, jams and jellies,
sauces, ketchups, milk-condensed and
preserved, milk cream, chakka,
all other milk products other than ice-creams,
all sorts of farinaceous foods, pickles, mawa,
bakingpowder, biscuits, honey, papad, lard or
edible animal fat, preserved
provisions.

1
Substituted by G.N., U.D., No. BMC.2232/3473/UD-21, dated 31st July 2002.
 H 4094 (394-423) L-1
418 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Serial Articles Maximum rates of

No. octroi leviable
(1) (2) (3)

11 Chandeliers, globes, chimneys, electric bulbs

and tubes, articles for electric and gas lighting.
12 Washing soap and detergent of all kinds,
potash, ritha, soda, alum, saline substances,
shikakai, washing soda, caustic
soda, refined salt petre, phenyl, all other
substances used in washing and cleaning and
their raw materials.
12A Insecticides, oils used as insecticides,
pesticides, fungicides and weedicides.
13 Bailies, cane, bamboo and articles made
therefrom
14 All kinds of paints, distempers and colour
washes, varnish, boiled linseed oil, turpentine,
zinc oxide and red oxide, paint solutions and
compositions.
15 Dyes, tans, indigo and all colouring matter
including printing paste and inks.
16 Polish of all kinds.
17 Grease and petroleum jelly.
18 Inedible vegetable oils, oil seeds of inedible oils
and fats.
19 (a) Tooth-Powder, Tooth-Paste, combs, brushes,
looking glasses, hairpins, bangles, breeches
garters and suspenders.
(b) Scissors, razors, safety razors, blades,
knives, pen-knives, spoons, forks, cutlery of
all kinds, needles of all
sorts, locks and keys, stoves and petromax
and their parts and accessories, hardware
articles, all sorts of metal furnitures and
parts thereof.
(c) Laces, tapes, rings of wood and metal,
embroidery articles, celluloid and celluloid
articles, beads of all sorts, imitation
pearls, articles of imitation jewellery and
ornaments.
(d) Plastic and their raw material, plastic
powder, plastic goods, moulding powder,
P.V.C. resin, bakelite and their raw
material, bakelite goods, acrylic-fibre, plastic
resin and articles made thereof.
(e) Toys of all kinds.
(f) Gelatine of all kinds.
20 Glass, glassware including boottles, ampoules
and such other articles.
21 Crockery of all types
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 419

Serial Articles Maximum rates of

No. octroi leviable
(1) (2) (3)

22 Glazed bricks, tiles, sand of all types, fire bricks,

bricks, all kinds of roofing tiles, mosaic or
cement flooring tiles, china mosaic chips, other
mosaic or terrazo tiles rough or polished stone
tiles other than marble or granite tiles,
earthen pipes, china pipes, cement pipes and
asbestos cement sheets and such other articles
used in construction of building, roads and other
structures.
23 Leather and all articles made of leather.
24 Footwear of all kinds.
25 All kinds of vehicles, cars, buses, limousines, 4.5 per cent. ad valorem
trucks, cranes, trailers, tempos, rickshaws,
fork-lifts, excavators, road-rollers, motor cycles,
scooters, lories, bulldozers, tractors, concrete
mixers, chassis, their components and spares.
26 All kinds of tyres, tubes and flaps excluding
those specified elsewhere.
27 (a) Machinery and their components and
spareselectric machinery for generation,
transmission and distribution and motors and
generators and their components and
spares, electric goods including cells, batteries
and copper strips, horn electric insulators,
electrical fittings and materials, electrical
domestic appliances such as refrigerators and
washing machines, dish washers,
electrical machinery of all kinds, control
switch gears, generators, alternators and
dynamos, motors, transformers and turbo-
generating sets, agricultural machinery and
parts, oil engines, diesel engines, steam
engines, petrol and gas engines and machines
worked by hydraulic pressure and their spares,
any other machinery, its components and
spares not specifically provided for.
(b) All kinds of valves, cocks, sanitary wares
andtheir fittings.
(c) Instruments, apparatus and appliances and
parts thereof clocks, watches, typewriters
and their spares, transistors, radios,
radiograms, television sets, video cassette
recorders, video cassette players, audio and
video cas-settes, recording systems, tape-
 H 4094 (394-423) L-1
420 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Serial Articles Maximum rates of

No. octroi leviable
(1) (2) (3)

recorders, video-games, walkman, stereo

systems, loud-speakers, gramophones,
amplifiers, wireless goods, telephone
instruments, telephone cables, cable jointing
kits and their components and spares,
photographic machinery, photo goods and
materials including photo-graphic chemicals,
cameras, lenses, fax machines, photocopier
systems, photo processing machinery, flash-
light appartus, films and mounts and their
components and spares, cine projection
machinery, their components, spares and
materials used therein, surveying apparatus,
scientific appliances, optical goods, their
spares and accessories including optical
lenses, all kinds of instruments, appliances
and apparatus used in medical, surgical,
dental or veterinary sciences including
scientigraphic apparatus, scanners, X-Ray
machines, screening machines, ECG
Machines, electromedical apparatus, sight-
testing insruments and all other hospital
requirements and their spares and
accessories, mill and gin stores including
crucibles and cotton ropes, simulators, data
processing machinery, computer systems and
peripherals and their accessories and spares,
rides and games, all kinds of apparatus,
appliances and spares.
28 Sculpured articles of wood, stone, clay or metal
and such other articles.
29 Cinema films, all kinds of raw films processed
cinema films, and reels.—
(a) No octroi will be levied on film processed
in Greater Mumbai even on its first entry.
(b) Octroi will be levied on film processed
outside Greater Mumbai on its first entry
only.
30 Distilled, mineral, demineralised or aerated
water.
31 Paper,-—
(a) All types of paper of whatever composition
and thicknes excluding news print.
(b) Card-boards, straw-boards, grey-boards,
mill-boards and articles made thereform.
(c) Articles made of paper.
32 (a) Periodicals, magazines-bound or unbound,
directories, catalogues, race-cards, books,
diaries, calendars, printed material such as
annual reports, balance-sheets etc.
application forms for different purposes,
greeting cards, invitation cards, humour post
cards, picture post cards cards for special
occasions, visiting cards, wedding cards,
cards for punching machines,
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 421

Serial Articles Maximum rates of

No. octroi leviable
(1) (2) (3)

blanks of carbs photo albums, stamp albums,

blank office files, playing cards, blank share
forms and cheque books,
lottery tickets.
(b) All publications which mainly publicise
goods, service and articles for commercial
purposes.
Group—C
33 Spices in whole or powder form, currey [3 per cent. ad valo-
l

powder tea, coffee, coffeeseeds, chicory and rem (Except Entry No.
chicory seeds. 50-For entry No. 50,
34 Skimmed milk powder. the existing rate of
2.25 per cent. ad
35 Bidi. valorem will remain
36 Cement of all sorts. unchanged).]
37 Coal tar, asphalt, bitumen, manganese, emery
stone or powder, chalk powder, stone chips,
stone for buildings, clinker,
coal ash and roofing felt, yellow earth and
earth of any other kind except red earth.
38 Piece goods of cotton, wool, silk, linen, hemp,
jute artificial and synthetic material of
whatever composition and
articles made up purely or partly thereof,
hosiery goods, sanitary towels, napkins,
disposable baby diapers, beds
and pillows.
39 Cotton ginned or unginned, surgical cotton
and cotton waste.
40 Raw and unspun wool, silk, hemp, jute,
coconut and other fibres, rope and articles
made thereof.
41 Yarn and threads of all sorts, yarn waste,
waste yarn and hard waste.
42 Starches of all sorts, sago rice and flour,
arrow-root, tapioca and its Four, tamarind
seed powder, farina starches and sizing
materials, tallow, sizing oils and othe
substitutes such articles.
43 Hides and skins.
44 Rubber, rubber goods, gatta purcha and
articles made wholly or partly thereof, rubber
solution, raw rubber and latex,
rubber chemicals, adhesives and their
substances.
1
Substituted by G. N., UD., No. BMC-2232/3473/UD-21, dated 31st July 2002.
 H 4094 (394-423) L-1
422 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Serial Articles Maximum rates of

No. octroi leviable
(1) (2) (3)

45 Iron and Steel—

(a) pig iron .. .. ..

(b) blooms, billets and slabs . . ..

(c) structural—
(i) Joist .. .. ..
(ii) channels .. .. ..
(iii) angles equal or unequal ..
(iv) bulbs or toes .. .. ..
(v) light rails .. .. ..
(vi) fish plates for light rails ..
(vii) shell, steelingots, blooms, billets and
bars
(viii) black or galvanised sheet-plain or
corrugated.
(ix) plates, ordinary mild steel including
boiler and hight ensile ship building or
bulletproof.
(x) bars, rods .. .. ..
(xi) bolts, nuts, washers, rivets and such other
articles.
(xii) wire barbed, telegraph or other kinds
of black galvanised.
(xiii) wire nails
(xiv) spring steel, vehicular or flat bars . .
(xv)hoops, strips and castings
(xvi) pipes
(xvii) iron and steel scrap and any other
articles manufac-tured from iron or
steel other than cutlery, hardware,
furniture or parts thereof, or machine
parts not specifically provided for.
46 All kinds of non-ferrous metals, their alloys,
wires, sheets, ingots circles and their scrap,
wares excluding furnitures and parts thereof.
47 Bicycles, Perambulators, tricycles, carriages
and their components and spares including
tyres tubes.
48 Sewing machines and parts thereof.
49 Musical instruments and parts thereof.
49A Sports and gymnasium goods and equipments 2.25per cent. ad
and parts thereof. valorem.
50 Newsprint
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 423

Serial Articles Maximum rates of

No. octroi leviable
(1) (2) (3)

51 Lac and cork and articles made thereof.

52 Porcelainware, earthenware, enamelware,
articles of china-clay and chinaware other' than
crockery.
53 All kinds of vitamins, drugs (except notified
life-saving drugs).
54 Charcoal, coal, coke and firewood.
54AMineral oils of all sorts, diesel oil, petrol,
aviation spirit, all kinds of lubricating oils,
white oils, spindle oil, furnace oil,
petroleum products including natural gas and
liquified petroleum gas mava oil, sevasol,
solvent oil, other fuel oils,
natural gasoline turkey red oil, by-products of
mineral oils and crude oil, Kerosene excluding
sold through public distribution system.
Group-D
55 Sugar of all kinds (excluding glucose, dextrose 1[2 per cent ad valo-
and any Fruit sugar) and saccharin. rem].
56 Precious metals, silver and articles made
thereof, all sorts of diamonds, natural pearls,
precious and semi-precious stones and articles
made thereof.
57 Aeroplanes of all kinds including helicopters,
components, parts and accessories of any of
them.
Group-E
58 Bullion, Gold and articles made thereof. 0.1per cent ad valo-
rem].
Group-F (Residuary)

59 All the articles other than those specified in 1[5.5 per cent ad valo-
the preceeding entries of this Schedule and rem].
Schedule ‘H-1’.

1
Substituted by GN., UDD., No. BMC-2232/3473/UD-2l, dated 31st July 2002.
 H 4094 (394-423) L-1
424 Mumbai Municipal Corporation Act [ 1888 : Bom. III

1
[SCHEDULE H - l
[See section 192(6) of M. C. Act]
ARTICLES FREE FROM PAYMENT OF OCTROI

Serial Articles
No.
(1) (2)

1 Foodgrains, flour, pulses and cereals of all kinds including gavar,

soyabean, parched grain and paddy.
2 Gur of all kinds.
3 Whole milk, toned milk and curds.
4 Breads.
5 Coconut in shell, separated kernel of coconut and copra.
6 Chillies, fennel, ajwaen, turmeric, dhania, methi, suva-whole or pow-
dered tamarind seeds-whole or separated.
7 Edible oil and oil seeds of edible oil.
8 Salt.
9 Sugar cane.
10 Fresh vegetables, potatoes, sweet potatoes, elephant’s foot (yam), gin-
ger, onions, garlic, fresh fruits, betel leaves and lemon grass.
11 Fish-fresh and dry.
12 Poultry, eggs and flesh of poultry.
13 Pan, tambul, vida or patti prepared from betel leaves.
14 Platain leaves, palas, patraval, dron.
15 Bidi leaves.
16 Water excluding distilled, mineral, demineralised or aerated water,
plain water, water for injection.
17 Ice and dry ice.
18 Flower seeds, fruits seeds, vegetable seeds, seeds of lucerne and other
fodder grass, seeds of canna and hemp, corns, rhizomes, suckers and
tubers (including edible tubers), bud grafets, cutting, grafets, layers,
seedling and plants.

1
Substituted by GN., UDD, No. BMC-2320/2092/CR.-82/2000/UD-21, dated 24th April 2000.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 425

Serial Articles
No.
(1) (2)

19 Fresh flowers.
20 Fertizers and manures including chemical manures.
21 Old, used household goods on transfer of residence.
22 Umbrellas of all types and parts thereof.
23 Brooms.
24 Kerosene sold through public distribution system.
25 Safety matches (excluding matches ordinarily used as fire works).
26 All animals, wild beasts, domestic pets.
27 Animal bones, horns, hooves, animal carcasses.
28 Fowls of all sorts, ducks and birds.
29 Silk worm eggs and silk worm cocoons.
30 Human hair and animal hair.
31 Bee wax, baby berry wax excluding petroleum wax.
32 Books, panchangs, used office file and documents, exercise books
and drawing books, answer books-blank or used, tags, post cards,
newspaper, religious paper posters, paintings and portraits.
33 Slates of all kinds, slats pencils, chalk-sticks, crayons, lead pencils,
orreries, globes and their parts, maps, all kinds of pens such
as fountain pens, ball pens, stylograph pens, etc. propelling pencils
and refills, writing inks.
34 Marbles and pebbles.
35 All kind of ships and their components, parts and accessories.
36 Life saving drugs as notified by the Commissioner from time
to time and medicines excluding tooth powder, tooth paste,
cosmetics, toilet requisites, soaps and confectionery used as
medicine or otherwise.
37 Blood and blood products.
38 Mica, graphite, activated earth and red earth.
39 Idols, statues to be put up in public places.
40 Currency notes, coins and National Flag.
41 Molasses.
 H 4094 (394-423) L-1
426 Mumbai Municipal Corporation Act [ 1888 : Bom. III

SCHEDULE I
1
* * * * * * * *
[SCHEDULE J.
2

[See section 203 and sub-section (3) of section 207A.]

FORM OF WARRANT OF DISTRESS OR ATTACHMENT.
To (here insert the name of the officer charged with the
execution of the warrant.)
WHEREAS A. B., of , has not paid 3* * * * the sum
of due for the tax (mentioned in the margin for the half-
year *or quarter) commencing (or terminating) on the
day of 19 , although the 4[a bill for the
said sum has been duly served on the said A.B. and the period by
which he should have paid the said sum has elapsed after service
of the bill;]
distrain the goods and chattels
This is to command you to ————————————— of the said A.B.
attach any property
(or, as the case may be, any goods and chattels on the premises in respect of
which the said tax is due) to the amount of the said sum of and
such further sum as may be sufficient to defray the cost of recovering the
said amount; and forthwith to certify to me together with this warrant all
goods and chattels distrained
particulars of the ————————————— by you thereunder.
property attached

Dated this day of 19 .

(Signed)
Municipal Commissioner for 5[Brihan Mumbai]].

SCHEDULE K
(See section 205)
FROM OF INVENTORY AND NOTICE
To
A. B.
residing at
Take notice that I have this day seized the goods and chattles
specified in the inventory beneath this, for the sum
of due for the tax mentioned in
the margin* for the half-year ( or quarter) commencing
(or terminating) on the day of

1
Schedule I was deleted by Mah. 11 of 2009, s. 55.
2
This Schedule was substituted for the original by Bom. 64 of 1953, s.25.
3
The words “or shown sufficient cause to my satisfaction for the non-payment of ” were
deleted by Mah.11 of 2009, s. 56(1).
4
This portion was substituted for the portion begining with the words “the said sum” and
ending with the words “demand/order;” by Mah. 11 of 2009, s.56 (2).
5
These words were substituted for the words “Greater Bombay ” by Mah. 25 of 1996, Schedule.
* Here describe the tax.
 H 4094 (394-423) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 427

19 ; and that unless you pay

into the municipal office at the amount due,
together with the costs of recovery, within five days from the day
of the date of this notice, the goods and chattles will be sold.
Dated this day of 19 .

(Signature of the officer executing the

warrant)
INVENTORY
(Here state particulars of the goods and chattles seized).
SCHEDULE
1
* * * *
[SCHEDULE
2
M
(See section 394)
PART I
ARTICLES WHICH SHALL NOT BE KEPT WITHOUT A
LICENSE
IN OR UPON ANY PREMISES
EXPLOSIVES
GROUP I
Gunpowder (Blasting Powder)
GROUP II
Aqwanite, Aquarex, Aquaram, Gn-1, Powerflo-1, Powerflo-2, Powerflo-
3, Nobe lite, Pulverex, Aquadyne, Aquanal, Godyne, Powerflo-2, Supergel
Marinex-G, Aquandye-II-1975.
Powerex, Powerite, Powerplast, P R M-101, P R M-102, P R M-103,
P R M-IL, Energel, Formadyne, Formagel, Monodyne, Monoex, Superdye,
Nominite, Anfo.
GROUP III
DIVISION 1
Ajax-G, Callistite, Belex G.I. Blasting Gelatine, Cordite, Cordite A,
Cordite AN, Cordite CD, Cordite MD, Cordite W, Cordite WM, Gelatine,
Gelatine Dynamite, Gelignite, Geophex, Gomia Gelatine-40%, Gomia
Gelatine-50%.
Seismic Gelatine 90%, Seismic Gelatine 80%, Seismopak, Soligex,
Special Gelatine Submarine Blasting Gelaring Uniferx, Hectarite,
Hydrobel, Improved Bellistite, Alfagel, Alfapruf, Nobel Glasgow Shotgun
Powder, Nobel Parabellum Powder, Nobel Rimfire Powder, Openalast
Gelignite, Plaster Gelatine.
Polar Ajax, Polar Ammon, Gelatine Dynamite, Polar Ammon Gelatine,
Polar Blasting Gelating, Polar Viking, Polar Special Gelatine, Seismex.
Unigex, Uniprug ‘G’ Unisax, Unisax-G, Viking-G, Plaster Gelatinte,
Permigex.

1
Schedule L was deleted by Mah. 42 of 1976, s. 17.
2
Schedule M was substituted by G.N.U.D. & P.H.D., No. BMC. 1078/27/UD-3, dated the 26th October
1979, published in Maharashtra Government Gazette, Extraordinary, Part I-A, dated
26-10-1979, at p.p. 81-101.
 H-4094 ( 424 -- 448) L-1
428 Mumbai Municipal Corporation Act [ 1888 : Bom. III

DIVISION 2
Ammonal, Cyclotrimethyl-Trinitroamine (Rox, Cyclonite, Henagene),
Dinitro-Phenol, E. C. Sporting Powder, Guncotton, Nitroguanidine, Penta-
Erythritol-Tetranitrate (Petn. Penthrite) Pentocite Boosters, Picric Acid
(Tri Nitrophenol), Picrates Dry.
Primex, Supermex, R D X-T N T, Seismic Primer, Tentranitro
Methylaniline (CE Tetryl), Tonite or Cotton Power No. 1, Tonite or
Cotton Power No. 2, Tonite No. 3, Trintro-Resorcinol (Styphnic Acid),
Tri-Nitro-Tolune (TNT Trotyl).

GROUP IV
Chlorate Mixture
(Any explosive containing a chlorate).

GROUP V
Fulminate, Diazobenol, Nitrate of Diazo Benzol.
Azides of all kinds, Lead Styphnate (Lead Trinitro Rescinate)

GROUP VI
DIVISION 1
Electric Lighters for Igniter Cord, Igniter Cord Connectors, Nobel’s Safety
Electric Fuses

DIVISION 2
Cartridges for small arms other than Safety Cartridges, Cordeau Bickford,
Cordtex, Desonating Fuse, Electric Fuses, Fuse Heads for Electric Deto-
nators, Fuse Igniters, Instantaneous Fuse, Miner’s Portfires, Nobel Shaped
Charge.

Peten Booster Plastic Igniter Cord, Plastic Igniter Wick, Quick Match,
Sword-1, Sword-2, Geoshape, Corflex, Dethonating Fuse, Testex fuse Heads-
Fuse Heads for Electric Detonators and Safety, Electric Fuses, Tubes for
firing Explosives.
DIVISION 3

“Carrick” Non-incentive short Delay Detonator, Detonating Relays, Deto-

nating Relays Type P. T., Electric Boosters, Electrical Detonators, Electric
Delay Detonators, Friction Tubes, Hydrostar Electric Detonators, Percus-
sion Primers, Seismic electric Detonators. Tubes for firing Explosives.

GROUP VII

DIVISION 1

Fireworks Composition.—The term “Fireworks composition” means any

chemical compound of mechanically mixed preparation of an explosive or
inflammable nature which is used for the purpose of making manufactured
fireworks. Articles in this group are as provided in Part II and Part III of
this Schedule.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 429

DIVISION 2

Manufactured Fireworks.—The term “ Manufactured Fireworks “ means

any explosive of groups I, II, III or VI and any fireworks composition,
when such, explosive or composition is enclosed in any case or contravence,
or is otherwise adopted or prepared so as to form a squib, cracker
including chinese crackers, toy cap or amoree maroon, lance, wheel,
chinese fire, roman candle, or other article specially adopted for the
production of pyrotechnic effects or pyrotechnic signals or sound signals.

*AEROPLANES also known as CHIDIAS OR FIRE-FLIES containing

gunpowder or nitrate mixture in a metal case not exceeding 25 mm. of
composition to every 1000 dots.

AMORCES in the form of caps or tapes for toy pistols consisting of dots
of explosive composition approved by Chief Controller of Explosives and
in proportion exceeding 4.5 gms. of composition to every 1000 dots.

BON BON or CHRISTMAS CRACKERS containing an explosive of such

composition and in such quantity as may be approved by Chief Controller
of Explosives.

COBRA EGGS OR PHARAOH’S SERPENT (WHITE).

CRACKERS commonly known as “Atom Bombs” made with gun-powder,

nitrate mixture or an explosive composition approved by Chief Controller
of Explosives, wrapped in paper and tied round with string. The whole
not exceeding 25 gms. in weight, 40 mm. in length and 20 mm. in diameter
or diagonal,

CRACKERS commonly known as “ Palm Leaf Crackers ” or “ Basket

Bombs” containing gunpowder, nitrate mixture or an explosive composition
approved by Chief Controller of Explosives and wrapped up in palm leaf or
in paper into a triangular shape.

DISTRESS SIGNAL ROCKETS.

*FLOWER POTS or FOUNTAINS.

*LANCES.

MAGIC SERPENT (BLACK)

 H-4094 ( 424 -- 448) L-1
430 Mumbai Municipal Corporation Act [ 1888 : Bom. III

MAROON containing an explosive composition and of such construction,

size and weight as may be approved by Chief Controller of Explosives.

ROCKETS of size not exceeding 76 mm. in length and 25.4 mm. in

diameter provided it is not a metal case.

*ROMAN CANDLE.

*SHELLS provided they are fired from a substantial mortar firmly

buried below ground level.

SOCKETS—DISTRESS SIGNALS.

SOCKETS LIGHT SIGNALS.

SOCKETS SOUND SIGNALS.

*SQUIBS made with gunpowder or nitrate mixture.

VERY SIGNAL CARTRIDGES.

WHEELS.

*(The explosive composition shall not contain any chlorate.)

GROUP VIII

(LIQUID OXYGEN)

PART II

Articles which shall not be kept without a licence in or upon any

premises in quantities exceeding at any one time the maximum quantities
hereunder specified against such articles :

Provided that, it shall be in the discretion of the Commissioner to vary

the maximum quantity specified against any such article when the same is
kept in combination with any other article or articles specified in this
Schedule.

A—COMBUSTIBLE LIQUIDS
o
(a) Any combustible liquid including the following having flash Point 23 C
or less 10 litres—

1. Acetal (Acetaldhyde Diethyl Ether Ethylene Diethyl Ether).

2. Acetaldehyde (Acetic Aldehyde Ethanal, Ethyl Aldehyde).
3. Acetone (Dimethyl Ketone).
4. Actonitrile (Methyl Cynanide Ethane Nitrite).
5. Acetone Oils.
6. Acetyl Chloride also Corrosive.
7. Acetylene Dichloride.
8. Acrolien (Acraldehyde, Allyl Aldehyde Propenal).
9. Acrylontrile (Propene Nitrile, Vinyl Cyanide) also toxic.
10. Allyl Chloride (2--Chloro or 3-Chloro Propyene).
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 431

11. Ally Alcohol (Propenyl Alcohol). 77. Ethyl Chloro Formate.

12. Ally Bromide (Brom Allyl). 78. Ethyl Crotonate.
13. Ally Ether. 79. Ethyl Dichloro Silane.
14. Ally Iodide also corrosive. 80. Ethyl Ether.
15. Aluminium Paints. 81. Ethyl Formate.
16. Amyl Nitrite. 82. Ethyl Methyl Ether.
17. Amylene (Pentene). 83. Ethyl Methyl Ketone (Methyl Ketone).
18. Amyl Hydro Sulphito. 84. Ethyl Nitrate.
19. Amylamine. 85. Ethyl Nitrite.
20. Amyl Chloride. 86, Ethyl Propionate.
21. Amyl Mercaptan. 87. Ethyl Trichloro Silane.
22. Benzene (Benzol, Phene, Phenyl, 88. Ethylene Dichloride.
Hydride). 89. Ethylenaimine.
23. Benzinep Petroleum. 90. Fusel Oil.
24. Tertiary Butanol (Tertiary Butyl 91. Gasoline.
Alcohol Trimethy Carbinol). 92. Heptane.
25. Iso-Butyl Acetate. 93. Heptene.
26. n-Butyl Acetate (Butyl 94. Hexene.
Ethanoate Butyl Ester). 95. Hexane.
27. Secondary Butyl Acetate. 96. Hexone.
28. Iso-Butylamine. 97. Hexylamine.
29. n-Butylamine. 98. Industrial Alcohol.
30. n-Butyl Chloride. 99. Industrial Spirit.
31. n-Butyl Formate. 100. Iron Carbonyl.
32. n-Butyraldehyed (Butanal, 101. Isoprene.
Butaldehyde Butyl Aldehyde). 102. Lacquers.
33. Iso-Butyraldehyde (iso-Butanal). 103. Mercaptans.
34. Carbon Disulphide. 104. Methylamine Solution.
35. Carbon Remover, liquid. 105. Methyl Acrylate (Methyl
Acreline).
36. Cellulloid Solution. 106. Methyl Acetate.
37. Chloroprene. 107. Methyl Acetone.
38. Coal Tar oil/Distillates. 108. Methyl Alcohol (Methanol).
39. Coal Tar Naphtha. 109. Methyl Butyrate.
40. Crotonaldehyde. 110. Methyl Chloroformate.
41. Crotonylene. 111. Methyl Chloromethyl Ether.
42. Cyclo Hexane (Hexa Methylene). 112. Methyl Dichlorosilane.
43. Cyclo Hexene. 113. Methyl Formate.
44. Cyclopentane. 114. Methyl Hydrozine.
45. Diacetone Alcohol (Diacetone). 115. Methyl Methacrylate.
46. Di-iso Prutylene. 116. Methyl Cyco-Pentane.
47. Di-Chloro Ethylene. 117. Methyl Pentadiene.
48. Di-Chloropropanes. 118. Methy iso-Propanyl Ketone.
49. Di-Ethyl Amine. 119. Methyl Propionate.
50. Di-Ethyl Ether. 120. Methyl Propyl Ketone.
51. Di-Ethyl Ketone. 121. Methyl Trichlorosilane.
52. Di-Methyl Amine, Soln. 122. Methyl Vinyl Ketone.
53. Di-Methyl Butane (Neo-hexane). 123. Methylated Spirit.
54. Methyl Carbone. 124. Mineral Oils of all kinds.
55. Dimethyl Cyclohexene. 125. Mono-Propylamine.
56. 2, 5 Dimethyl Furane. 126. Naphtha.
57. Dimethyl Dischlorosilane. 127. Nickel Carbonyl.
58. Dimethyl Sulphide. 128. Nitrocellulose, Wetted.
59. Dimethyl Ether. 129. Octane and iso-Octane.
60. Dimethyl Heptane. 130. Organic Solvent.
61. Dimethyl Hydrazine. 131. Paraldehyde.
62. Dioxane. 132. Pentane.
63. Di-Oxolane. 133. Petrol.
64. Di-iso-Propylamine. 134. Petroleum Crude Oil.
65. Di-iso-Prophyl Ether. 135. Petroleum Ether.
66. Di-Vinyl Ether (Vinyl Ether). 136. Pearl Essence.
67. Dyoline. 137. Paints in solvent.
68. Ethyl Acetate. 138. Printing Ink in solvent.
69. Ethyl Acrylate. 139. n-Propanol.
70. Ethyl Alcohol (Ethanol, Absolute 140. iso-Propanol.
Alcohol). 141. Propionyl Chloride.
71. Ethyl Bromide. 142. n-Propyl Acetate.
72. Ethyl Borate. 143. iso-Propyl Acetate.
73. Ethyl Buty Ether. 144. Propylene Oxide.
74. 2-Ethyl Butyraldehyde. 145. Propyl Dichloride.
75. Ethyl Dimetyl Methane. 146. iso-Propylamine.
76. Ethyl Chloride. 147. Propyl Chloride.
H 4094—59
 H-4094 ( 424 -- 448) L-1
432 Mumbai Municipal Corporation Act [ 1888 : Bom. III

148. Propylenelmine. 166 Tri Ethylamine.

149. Propyl Formate 167 Tri Ethyl Chlorosilane.
150. n-Propyl Nitrate, 168 Tri Methylamine.
151. iso-Propyl Nitrate. 169 Tri Methyl Chlorosilane
152. Pyridine. 170 Tri Propylene.
153. Pyrolidine. 171 Tri Nitro Benzene.
154. Rectified Spirit. 172 Valeraldehyde.
155. Resin Solution. 173 Varnish.
156. Rosin Solution. 174 Vinyl Acetate.
157. Rubber Solution. 175 Vinyl iso-butylether.
158. Rubber Solvent. 176 Vinyl Cyclo hexane.
159. Silico Chloroform. 177 Vinyl Ethyl Ether.
160. Sodium Methoxide in alcohol solution. 178 Vinyl Trichlorosilane.
161. S.B.P. Solvent. 179 Varnish (in solvent).
162. Tetra Ethyl Lead. 180 Vinylidene Chloricle.
163. Tetra Hydro Furan. 181 Wood Naphtha.
164. Tinctures. 182 Xylonite Solution.
165. Toluene.

(b) Any combustible liquid including the following having flash Point
23°C and above 23° C but below 65°C-20 litres
1. Acetic Acid (Glacial). 49. Di-methy, Dioxane.
2. Acetyl Acetone. 50. D-Pentene.
3. Amyl Acetates. 51. 2-Ethoxy Ethanol.
4. Amyl Alcohols. 52. 2-Ethyoxy Ethyl Acetate.
5. Amyl Ether. 53. Ethyl Benzene.
6. Amyl Formates. 54. Ethyl Butyl Acetate.
7. Amyl Methyl Ketone. 55. Ethyl Butyrate.
8. Amyl Nitrate. 56. Ethyl Chloroacetate.
9. Amyl Propionate. 57. Ethyl dimethyl Methane.
10. Ally Chloroformate. 58; Ethyl Hexaldehyde (Octaldehyde).
11. Ally Trichlorosilane. 59. Ethyl Lactate.
12. Benzal-dehyde. 60. Ethyl Silicate.
13. Butanol (Butyl Alcohol). 61. Ethyl Hexylamine.
14. Sec. Butanol. 62. Ethyl Metha Crylate.
15. Butyl Acrylate. 63. Ethylene Diamine.
16. n-Butyl Bromide. 64. Ethylene Glycol Monobutyl ether.
17. Butyl Butyrate. 65. Ethylene Glycol Monoethyl ether.
18. Butyl Cellosolve. 66. Ethylene Glycol dibutye ether.
19. Butyl Propionate. 67. Ethylene Glycol Mono Ethyl Ether.
20. Butyl Trichlorosilane. 68. Ethylene Glycol Monomethyl Ether
21. Butyl Nitrate. Acetate.
22. Camphor Oil. 69. Ethylene glycol monobutyl ether acetate
23. Chloro Benzene. 70. Ethylene glycol mono Hexyl ether.
24. 2-Chloro Ethanol. 71. Ethylene glycol mono Methyl ether. .
25. Cyclo Hexanone. 72. Ethylene glycol mono-Phenyl ether.
26. Cyclo hexylamine. 73. Epichlorohydrine.
27. Para Cymene. 74. Formal dehyde (Formal in).
28. Decalin. 75. Furfural (Fufuraldehyde).
29. Diacetonc Alcohol (Diacetone). 76. Gutta Percha Solution.
30. Diamylene. 77. Hexaldehyde (Carproic Aldehyde).
31. Di-Butoxy Methane. 78. Hexyl Acetate.
32. Di-Butylamine. 79. Hexyl Amine.
33. Di-iso Butylamine. 80. High speed Diesel (HSD).
34. Di-Butyl Ether. 81. Hydrazine.
35. Di-iso Butyl Ketone. 82. Insecticide solution.
36. Di-Chloro Butene. 83. Isoamyl alcohol Primary.
37. Chloro Butane. 84. Iso Butyl Alcohol.
38. Di (2-2) Chloro Ethyl Ether. 85. Kerosene.
39. Di-Chloro nitro Ethane. 86. Mesity Oxide.
40. Dichloro Pentanes. 87. Methyl Amyl Acetate (Hexy acetate).
41. Dichloro Propene. 88. Methyl iso-Buty Carbinol.
42. Dichloro Pentadiene. 89. Methyl Methacrylate.
43. 1-2, Di Ethoxy Ethane. 90. Methyl n-Butyl Ketone.
44. Di Ethyl Benzene. 91. Methyl Iso-butyl Ketone.
45. Di Ethyl Carbinol. 92. 2-Methyl Styrene.
46. Di Methyl Ethanolamine. 93. Mineral Turpentine.
47. Di Ethyl Carbonate 94. Mineral oils of all kinds.
48. Di Methyl Aniline. 95. Mono-Chloro Benezene.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 433

96. Morpholine 105. iso-Propyl Benzenes

97. Nitro Methane 106. Styrene (Vinyl Benzene)
98. Nonane 107. Tetra Methyl Lead
99. Organic solvent 108. Tetra Ethyl Silicate
100. Paints of all kinds 109. Terpenolene
101. Paraldehyde 110. Turpentine
102. Pentaborane 111. Varnish Flash point above 230°C
103. Pine Oil 112. White Spirit
104. Propionie acid 113. Xylenes.

(c) Any combustible liquids including the following having flash Point
65°C and above 65°C-50 litres
1. Acetonyl Acetone 27. Dodecane (Didecane)
2. Acetophenone 28. Di-Methyl Cyanamide
3. Acid Butyo Phosphate 29. Essential oils of all kinds
4. Aeromaxe 30. Ethanolamine
5. Aldol 31. Ethyl Acetanilide
6. 2-Amino 1-Butanol 32. Ethyl Acetoacetate
7. Amyl Oxide 33. Z-Ethyl Hexylacetate
8. Aniline 34. Ethylane Glycol mono ethylether
9. Anthracence oil acetate.
10. Animal oils 35. Fuel oil/Furnace oil
11. Butyl Ether 36. Formic Acid
12. Butyl Lactate 37. Hexanol
13. Creosote Oil 38. N—Hexylcellosolve
14. Cresol 39. Hexyl Ether
15. Cyclo-hexanol 40. Insecticide solution
16. Diamyl phthalate 41. Light Diesel Oil (L D O)
17. Di-Butylamino Ethanol 42. Mineral oils of all kinds
18. Dibutyl Oxalate 43. Oils of all kinds excluding essential
19. Di-Chloro Benzene and mineral oils.
20. 1, 3-Dichloro, 2-4 Hexadiene 44. Organic Solvant
21. Di-Chloro iso-Provpyl Ether 45. Phenyl Cellosolve
22. 1-1, Dichloro, 1-Nitro Propane 46. Paints
23. Di-iso Butyl Benzene 47. Tetrahydro Furfuryl Alcohol
24. Di-iso-Propyl Cyanamide 48. Tetrahydro Naphthalene
25. Di-Methyl Formamide 49. Trichloro Propane
26. Di-Methyl Sulphate 50. Tricresyl Phosphate

(d) Any other combustible liquid including the following 50 litres.

Acid Slurry and A.B.S. Slurry Acramine Binder 100 and 1100
AssistorB-10 Alcoholic Beverages (1000 Litres)
Acrylated Polymer (such as whisky, brandy, wine, etc.)
Acetic Unhydride
Acramine sin Brytol
Acramol New Base coat
Adhesive Solution Brandelux Liquid
Arkpol Barium Cadmium stabilizer
Aeron Printing Agent F.H. Barium Sulphonate
Agarbatti Mixed Ready Perfumer Basic Sulphonate
Ascopon Np. 330 Benzalkonium Chloride Solution
Acramin SI Extra Butyric Acid
Antifoam and M.S. Brake Fluid
Acinol Cps Butyl Sterate
Ahurasol Traf Butyl Diol
Ahuralan L Black Phenyl
Ahuramine Cac
Alky Benzene Suplhonic Acid Celloplast
Alpha Amyl Cinnamic Aldehyle Acryloid Castraulic Break Fluid
Antioxidant S.P. Solution Colloidon
1157 Alkyl Derivative of Fatty Acid Coconut Fatty Acid
Asphaltic Oil Cinnamic Alcohol
Acramine Red F.R.C. Colour Solvent
Chirimoya Aroma
Extra Cone Crenofor B.L.
Accelerator Solution Calcium Derivative of Phenol
Alkyl Benzene Corial Em Finish G.

H 4094—59a
 H-4094 ( 424 -- 448) L-1
434 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Chlorinated Hydrocarbon Iseamly Acetate

Calcium Sulphonate and Complex Invamol En
Caiciurn and Barium Sulphonate Imperon P
Carbitol
Cirazol Fpi Japicot T.
Catalyst Solvent
Cobalt Octoate 6 % Solvent Kemapol Dc Cone
Calcium Octoate 3 % Solvent Kemapol pl Cone
Coconut Diethaholamide Kemapol H Cone
Khadi Binder Col
Diethylene Glycul (F.P. 125-C)
Daichi Noigen Emulsifier Lead Octate 18 %
Deepetch Developing Ink Lemon Grass Residue of Resush
D.T.A. Solvent Lyogen T.G.S.
Dimethyl Phathalate Lubriplate
Liquio Glucose
Linalool
Liquiseal
Diphenyl Oxide Liquid Stainer
Dinonyl Phathalate Laxtic Acid
Dripolene AB & C.
Dawnol DB

Dibtyl Tindilaurate Moribo

Diethyl Sulphate Mistol
Detergent Slurry Micrombar
Dimethyl Para Tolouidine Merck Na
Dialphanyl Phthalate Milkoline
Dedecyl Benzene Sulphuric Acid Mercerizing Agent
Dinonyl Phthalate Methyl Salicylate
Malonic Ester
Mould Release Agent Q2 13
Ethylene Chlorohydrine Mango Essence
Essence of Phenyl 3-Methoxy Propylamine
Essocore Manganese Octate 6 % Solution
Essolube HD
Emulsifier
Extender Solution Nonyl Phenol
Ethyl Benzoate Nail Polish Cream
Essence D Cleaner Nonorganic Wetting Out Agent
Essotex Nitrated Lard Oil
Ester of Glycol Nopco 1296
Emulvin L Nopco Lv 40
Ethyl Cyano Acetate Nopco 1556
Non Lonic Detergent
Esso Solvent Nonox Sp
Ethylene Glycol Natural Cutex Nail Polish
Eramine-D Nail Enamel or Remover
Ethyl Cinnamate Nyloflex 999
Ethylene Diamine Hydrate
Eau-Di-Toilet Oxyethyl Nitriline
Epoxy Oil Plastisizer Octyl Phenol Condensate
Emulin Oleic Acid
Oleyl Alcohol
Fixer R 50 Organic Amine
Fixer CCL Organic Lead Compound
Ferro-Black-ss Solvent Organic Phosphorous Sulphur Compound
Fatty Acide Organic Zinc and Calcium Compound
Fatty Amide Organic Calcium Compound
Organic Zinc and Calcium Compound
Organic Silicone Compound
Getsit
Glymol
Gasket Shellac Compound Print Deep Assist
Glyonie-D Polyethylene Glycol
Glycidyl Ether Pinol Ine
Gamma Picoline, Gelkot, Glycerine (free Propionic Anhydride
limit 500 Kgs.) Phenyl Isocyanate
Photin 033 L.
Hemagin Printing Primer Js
Hydrazine Hydrate Pertel Liquid
Holdtite Liquid Jointing Polymeric Ester Piasticizer
Highviscocity Polymer. Paraflow
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 435

Paraelex G-601 Sterrakleime Em

Phospheric Acid Ester Salicylldehyde
Polyol Sanvipol As
Printex Special Sulphurized Fat
Pasterseal Sorbitan Monooleate
Perminal Merck Sodium Lauryl Ether Sulphate
Pyreolidone
Phenylethyl Alcohol Turpentine Liniment I. P.
Proylene Glycol Trienthanol Amine
Phosphate Ester O-toluidine
Perfume Teripineol
Polyglycol Esters Thiodiglycol
Polysorbate Top-Coat
Paraffex G-62 Twin 20/80
Terpinyl Acetate
Tin Stabilizer Solvent
Quinoline Terrapropylene Benzol
Thinner

Rumescal Bdn
Rogue
Roxonight Uresign B
Rustolene Ucon

Sarcol A-303 Vidol

Sorbitol Vegetable Fat Solution
Stabilizer
Snid Pgn Wash out Solution
Sarindage E
Supersept T
Sodium Petrol Sulphonate Xylidine
Silicon Fluid
Superdote B Zinc Alkyl Phosphate
Supernal Mc Zephirol.

B—INFLAMMABLE SOLIDS
(a) Any inflammable solids including the following (2 kgs.)

1. Aluminium Powder. 26. Creosote Salts.

2. Ammonium Picrate, wetted. 27. Nitrocellulose
3. Camphor-Free limits 5 Kgs. 28. Lacquer Base
4. Celloidin or photoxylene. 29. Lacquer Chips Wetted or
5. Celluloid including Scrap. 30. Collidion Cotton Plasticised.
6. Cobalt Resinate, precipitated. 31. Nitroguanidine, wetted.
7. Cecaborane. 32. Nitro Starch, wetted.
8. Dinitrophenolates, wetted. 33. Phosphorous, amorphous.
9. Dinitro Phenols, wetted. 34. Phosphorous, white or yellow.
10. Dinitro Resorcinols, wetted. 35. Phosphorous Heptasulphide.
11. Chemical driers. 36. Phosphorous Pentachloride
12. Ferrocerium (light fints). 37. Phosphorous Penta Sulphide.
13. Ferro Sillicone. 38. Phosphorous Sequi Sulphide.
14. Film, nitrocellulose base. 39. Phosphorous Trisulphide.
15. Hafnium powder. 40. Picric Acid (Wetted).
16. Hafnium powder, wet or sludge. 41. Pyroxyline.
17. Hexamine or Hexamethylene 42. Pottassium Borohydride.
Tetramine or Methenamine or Uritone. 43. Silicon Powder.
18. Metramine. 44. Sodium Picramate, wetted.
19, Uritropine. 45. Sulphur.
20. Magnesium. 46. Titanium powder.
21. Magnesium allloys. 47. Trintro Benzene, wetted.
22. Manganese Resinate. 48. Trintro Benzoic acid, wetted.
23. Metaldehyde. 49. Trintro Toluene (TNT), wetted.
24. Mischimetal 50. Urea Nitrate, wetted,
25. Naphthalene. 51. Zirconium in all forms
52. Zirconium hydride.
 H-4094 ( 424 -- 448) L-1
436 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(b) Safety Matches—(Free Limit—1 gross boxes)

(c) Any substances emitting inflammable gases when wet with water
including following (2 Kgs.)
1. Amalgams of Sodium/Potassium/ 23. Lithium Hydride.
Lithium, etc. 24. Lithium Silicon.
2. Amides of Sodium/ Potassium/ 25. Magnesium Alluminium Phosphides.
/Lithium, etc. 26. Magnesium Hydride.
3. Alloys of Alkali Metals-No Free Limit. 27. Magnesium Phosphide.
4. Alloys of Alkaline Earth Metals. 28. Potassium Amide.
5. Aluminium Ferro Silicon Powder. 29. Potassium metal, No Free Limit.
6. Aluminium Carbide. 30. Potassium Metal alloys.
7. Aluminium Silicon, powder, uncoated. 31. Potassium Phosphide.
8. Barium alloys—Non-pyrophoric 32. Potassium Sodium Alloy.
9. Barium metal—Non-pyrophoric. 33. Rubidium metal, No Free Limit.
10. Caesium metal. 34. Sodium Metal, No Free Limit.
11. Calcium metal and alloys, non-pyro 35. Sodium Amide.
Phoric. 36. Sodamide.
12. Calcium Carbide, No Free Limit. 37. Sodium Borohydrate.
13. Calcium Cyanamide (Nitrolim). 38. Sodium Hydride.
14. Calcium Hydride. 39. Sodium Methalate.
15. Calcium Phosphide. 40. Sodium Phosphide.
16. Calcium Silicidc. 41. Stannic Phosphide.
17. Calcium Magnesium Silicon. 42. Tin mono Phosphide.
18. Hydrides of Metal. 43. Strontium alloys, Non-pyrophoric.
19. Lithium metal, No Free Limit. 44. Strontium phosphide.
20. Lithium Alluminium Hydride. 45. Titanium Hydride.
21. Lithium Amide. 46. Zinc, non-pyrophoric.
22. Lithium Borohydride

(d) (i) Any substances liable to spontaneous combustion including

t h (10 Kgs.)
e f o l l o w i n g

1. Alluminium Alkyl Chrorides. 13. Ethyl Alluminium Sesquichloride.

2. Alluminium Alkyls. 14. Fish meal.
3. Alluminium Tributyl. 15. Magnesium Diamide.
4. Alluminium Tri Ethyl. 16. Magnesium Diphenyl.
5. Alluminium Tri Methyl. 17. Metal Alkyls.
6. Calcium Resinate. 18. Methyl Alluminium Sesquichloride.
7. Di Ethyl Alluminium Chloride. 19. Methyl Magnesium Bromide.
8. Di Ethyl Magnesium (Magnesium Di 20. Grignard Reagent.
Ethyl). 21. Nickel Catalyst.
9. Di Ethyl Para Nitrosoaniline. 22. Phosphorous red.
10. Di Methyl Para-Nitrosoaniline. 23. Sodium Hydrosulphate.
11. Di Methyl Zinc (Zinc Di Methyl). 24. Tri-iso Butyl Alluminium.
12. Ethyl Alluminium Dichloride.

(d) (ii) Substances liable to spontaneous combustion including the following

(5 Kgs.)
1. Pyrophorix Metals viz ; Alluminium Powder.
Barium Alloys.
Caesium Powder.
Strontium Powder.
Zinc Powder.
Cerium Powder.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 437

(e) Combustible solids and semi solids

Free Limit
Kgs.

1 Agarbattis or perfumed sticks or their powders ... 100

2 Asphalt, Bitumen, gilsonite and tar pitch ... ... 25
3 Bagasse ... ... ... ... 50
4 Bags and sacks empty ... ... ... 500
5 Cobalt Nepthenate Powder ... ... ... 100
6 Camphene ... ... ... ... 5
7 Candles ... ... ... ... 30
8 Carbon or charcoal or lamp-black or coke or coal and coal dust 10
9 Celuloid based, good, their articles or waste ... ... 5
10 Cellulose Acetate based goods articles or waste ... 15
11 Copra including cake and meals ... ... 100
12 Cotton including Kapok (when kept loose) ... ... 100
13 Cork or cork in any form .. ... ... ... 50
14 Cloth or cotton kept in fully pressed bales ... ... 1,000
15 Cotton waste including waste of yarn or fibres of any kind ... 100
16 Dye, Colours and Pigments of any kind ... ... 250
17 Fats of all kinds including ghee ... ... ... 50
18 Felt, paper or cloth coated with asphalt, bitumen or pitch ... 50
19 Ginnings ... ... ... ... 15
20 Grease ... ... ... ... 200
21 Gummed or adhesive taps of any kind ... ... 500
22 Hay (dried grass) ... ... ... ... 50
23 Herbs, stems and dry seeds ... ... ... 500
24 Insecticides ... ... ... ... 15
25 Kapok seeds ... ... ... ... 100
26 Leaves dried of all kinds including Tobacco shreds ... 100
27 Mats of all kinds ... ... ... ... 100
28 Oil cakes and oil seeds ... ... ... 100
29 * * * * *
30 Plastic Acrylic and their goods and its fabrics ... ... 250
31 Plastic or plastic goods or resin coated fabrics (Rexins) excluding 500
acrylic plastics and their goods.
32 Plastic or resin coated papers, sheets or boards of any kind of 500
plastics.
33 Resins including Rosin and Resinate Natural and Synthetic ... 25
34 Rubber or rubber goods, including waste and reclaimed rubber 100
35 Shavings-wood ... ... ... ... 50
36 Sodium di-thionite ... ... ... ... 100
37 Sulphides of all kinds ... ... ... 10
38 Tarred paper, rope, cloth and felt ... ... 50
39 Tarpauline ... ... ... ... ... 500
40 Yarn or fibre of any kind including its products ... 500
41 Waxes of all kinds ... ... ... ... 30

* Item 29 was deleted by G. N., U. D. D., No. B. M. C. 1082/477/CR-16/UD-32, dated 22nd October
1991, w.e.f. 1st November 1991.
 H-4094 ( 424 -- 448) L-1
438 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(f) Any other combustbile solids and semi solid including the follwing
free limit (100 Kgs)
Aspirin (Acetyl Solicylic Acid) Benzathrone
Aminophyline Blowing Agent Bn-Tyre (Microper Powder)
Anthranilic Acid Blowing Agent Porofor Powder
Acetyl Methionine Borneol
Aluminium Paste Benzil
Ammonium Thiocyanate Benzoquinone (Quinone)
Accelerator Organic Benezene Sulphoric Acid
Aromatic Sulphur Compound Bisphenol A
Alkylated Phenol Balsum Tolu
Amino Anthraquinons Barium Sterate
Alpha Or Beta
Adipic Acid
Acramine Pigment-Ex-Cone.
Acramine SI Extra. Cadmium Stearate
Acramine Yellow Fgg. Ex. Cone. Coumarin Powder
Acramine Golden Yellow for Ex. Cone, Cetyl Alcohol
Acramine Orange Fsg. Ex. Fgrr Ex. Cone. Calcium Derivative of Phenol
Acramine Scarlet Frl Ex. Cone. Corn Dextrine.
Acramine Red. Frg. Ex. Cone. Colour Chem Yellow Fine Paste
Acramine Red Frg Ex. Cone. Colour Chem Redifine Paste
Acramine Bordaux Frn Ex. Cone. Colour Chem Rubber Claret B
Analgin Colour Chem Rubber Yellow
Acetylated-Mono-Glycerides Cocomono Amine
Anthra Quinone Chloromphenicol Palmitate Cetrimide
Amido Phyrine Colour Developer CD-1
Acetyl Cysterine Calcium Sennoside
Alluminium Sterate Cetosteryl Alcohol
Acramine Red Violet Fr Cone Coproco
Acramine Violet Fer Ex. Cone. Calcium Sterate
Acramine Brown For Ex. Cone Chlopheniramine Maleate
Acramine Navy Blue Fb. Ex. Cone Cobaltous Naphthenate
Acramine Navy Blue FFr Ex. Cone Copper Acetate
Acramine Green Fgg Ex. Cone Casein
Acramine Olive Green Fb Ex. Cone Citric Acid Carbazol
Acramine For Powder Chromotropic Acid
Alpha Amino-4-Benzylamino Cupeerron
Anthrequinone Calcium Paraamino Salicylate
4-Amino Azobenzidine 4-Sulphonic Carboline H. Piller
Acid Cresidine
Amino R Acid Custard Powder
Amino Azo Benzene Chloromphenicol Powder
Aerolite Powder Calcium and Zinc Organic Complex
Antistep Catedrol Riodel
Amberol 75 % and D 96 Alphanitroso Beta Cetomacrogo
Caffeine
Naphthol Chlorocresol
Aceto Acetanilide Ccl Rubber Yellow 108 Pigment Powder
Agar Powder Or Dust-or-Wood 3 Chloro NND12 Hydroxy Ethyl Amiline
Ascopom A-20
Ade is
Arabic Gum Dextrine
Amino Anisic Acid Digol-Distearate
Aminophenol Ortho, Metha, Para, Diethyl Carbamazine Citrate
Anisic Acid Dithizone
Ascorbic Acid Dichloro 4 Sulphonyl Dimethyl
Amethocaine Hydrocloride Terephthalath
Amino Benzoicacid (Para) Delta Acid
Diethyl Metaamino Phenol
Betaine Hydrochloride Diamino Anthraquinone
Bitumen Laminated Board Deited Meal
Bitumoil Barium Sulphonate Diphenyl
Beta Napthol Diphenyl Carbazide
Benzoic Acid Diabasic Lead Sterate
Benzidine Yellow H.G. Dedenol OT
Brown Dextrine Dithane Z78 Zinab B Cone
British Gum 3.3 Dichlorozenzidine
Bitumen Compound Dapsone Developer
Binder Diphenyl Carbazone.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 439

2:5 Dichloro 4-Sulphonyl 3 Methyl-5-Pyro Jonol

zolone Jelly Crystals
Dianisidine Base
Dihydrozy Propyl Theophyline
Dextrose Monohydrate Kemilant Powder
D-glactose Kemapon T/H Cone.
Diabasic Leadphosphate Kaycoll WS.
EB 5000 Dinthranol
Diabasiclead Steate Lead Soap.
Dicarboxyli Acid Mixture Lubricant “ 60 ” Lactose.
Lissapole D Powder.
Etching (Gum) Powder Lignocane Hydrochloride.
Embossing Powder Lipomine D.O.
Empicol Lusil Tel.
Enthrobrite Cad 909 Lead Acetate.
Ethylene Diaminetetra Acetic Acid Luster Bar Piece.
Ethylene Urea Glutamic Acid.
Emulphor O White Paste
E.D.T.A. Disodium Salt
Entrobrite. 569. Maize Starch.
Magnesium Acetate.
Factice Maize Yellow Dextrine.
Flocal TU 40 Myrobolan Extract Lump.
Fabrilose-A Masse Acridine Albentoin Cream.
Fatty Acid Metol.
Fibre Strip Meta Nitro P Toluidine.
Ferron Fumerate Metax Claw.
Meprobamate.
Metatoluidine Diamine.
Gum Powder Metalic Stearate.
Gulflex. ‘A’ Movitol.
Genopal Monosan
Gugal Metaphenylene Diamine.
Gum Acacia Powder Menthol.
Greasy Cotton Packing Mindral Jelly.
Filapol P Methionine.
Gosin Methyl Cellulose.
Gumguar Mowital B 30 H.
Guardal Movio 30-88.
Mowilith Solid.
Maleic Anhydride.
Helictropine Metaphenyl Diamine.
Hydrocarbon Phosphorous M.B.T.S. (2-Mercaptobenzothiazyl
Sulphur Derivative Di-sulfide)
Hydroquinone M.B.T. (Mercaptobenzo Thiazole). .
Hydroxy Quinoline Mordex Dextrine
Hydroxy Naphthoic Acid Methyl Phenyl Pyrazolone.
Hydro Quinone Mandelic Acid.
1-67 Hexane Diol Metapropylene Dimyne.
3Hydroxy 2 Methyl Quinilone Metanimo Phenol.
4Carboxylic Acid Manitol.
H-Acid Methadilazine Hydrochloride.
Halmaddi Manila Rope.
Harda Powder
Hippuric Acid Nikassit
Higher Alcohol Neromine.
Hansa Red B-Pigment Powder Mebula E. P
Hessian Coated with Rubber Naphthionate Drier
Halasone
Isophthalic Acid Nonox D NA 22 Accelerator.
Isobutylene Polymer Nitrobenzoic Acid
Imperon Nux Vomica.
Ipacoc Root Nipagin.
Imadazoline Chloride Nipasol.
Idet. Ninox-B-Rod.
Isonicotinic Acid Hydroxide Nux Vomica Alkaloid.
Isocyanate Niacinamide.
Industrial Enzyme Nipasepp.
Inorganic Nitrogen Compound Nitrogen Contatine Derivative.

H 4094—60
 H-4094 ( 424 -- 448) L-1
440 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Oleic Acid Ester of Glycerine. Soamine M 70

Oxypehnbutazone. Sympol.
Octyl Phenol. Sodium Petroleum Sulphonate.
Orthotoluene Sulphonamide. Sorbitan Monocoleate.
Orwo W-Ray Developer. Substituted Tertiary Phenol.
Ortho Phenyl Phenol. Solution Salt B Powder.
Oatinmacic Blend Vanishing Cream. Saksit Atv.
Oatin Matic Blend Cold Cream. Sarcamine LG.
Oatin Brillantine L. vendor. Sarluxol-Caxl.
Oleostearin Pitches. Sodium Diethyl Dithio Carbamate.
Sodium Amino Salicylate.
Salicylanilide.
Potasium Oleate. Saccharine.
Peptone. Siliconacan Tifoaming.
Phosphate Ester. Special Sulphurized fat.
Phosphoric Acid Ester. Saliccylic Acid.
Naphthyl Amine. Sodium Lauryl Sulphate.
Phenylateo. Sodium Naphthionate.
Petrolatum. Stilboestrol Dipropionate.
Penotrane Essaries. Suxamethonium chloride
Piperazine Hyxahydrate. Stabilizer.
Paradicholro Benzene. Soluble Methyl Hydroxy Benzoate.
Pentaerythritole. Sapotak Powder.
Plastopeel Deeping Material. Starch.
Parachloro Ortho Nitro Aniline. Stearic Acid.
Prickly Heat Soap. Special Lubricant.
Polysol. Saccharose.
Potasium Hydrogen Phthalate. Sacell-LV.
Paraformaldehyde. Sarluxcl XL.
Para Ammoacetanilide. Sizing Gum.
P-Cresol. Salol.
Ploysizer. Survolin.
Porfor ‘N’ Sulphonamide.
Phthalyl sulphacetamide. Sucrose.
Para Amino Iso-Butyl Benzoate. Sulphadimidine.
Para Trichloro Benzene. Solid Bariumed Soap.
Poppy Husks. Substituted Phenol.
Para Cresidine. Stearyl Alchol.
Piperazine. Supernol Alcohol.
Phenobarbitone. Supernol CT
Phenyl Acetic Acid Crystol. Sodium Mcta Nitro Benzene Sulphate.
Paranitrotoluene-O-Sulphonic Acid. Starch Maize Powder.
Phthalic Anhydride. Salicylic Acid.
Phthalic Acid Silicone High Vacuum Compound.
Pybogallol.
P. Toluic Acid. Tapioca Flour, Powder, Bharda, Starch.
Piparazine Citrate. Trishlon.
D-Phenyl Thiourea. Teramin Wp.
Phynidone (5D-84). Thiovit.
Potasium Sorbate. 2:4:5 Trichloroanilin.
Ployglycol. Tannic Acid.
Pext N. Tartaric Acid
Paratoluene Sulphonic Acid. Tss Ct-22 Diethyl Para Phenylene.
Polyvinylpy Rodoxine. Liamino Sulphate.
Pyrazoline. T.N.T. (Trynitro Toluene).
Printanal Keb. Thiram.
Petroleum Ester Drivative. Tukmaria.
Processed Vegetable Oil. Tinuvin P.
Phenyl Phosphonic Acid. Tinopal Pcrp.
Propelene Urea. Thiogum F.
Phenyl Butazone. Thiourea-
Tol Butamide.
EB-6860 Thiomersal.
Quinhydrone. Tetra Cycline Hydrochloride.
Universal High Contrast Packet A.
Resamine 155-F.
Renacit. Vulcafor M.B.T.
Rubbing Compound. Vulcafor T.N.T.
Resin and Tail Oil Soap. Vulcafor M.B.T.S.
Retarder. Valanoid Plastic Compound.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 441

Vulcatac Ch. White Exetrine.

Vulcacit Mda/c. Whitcol Ws.
Vulz. Wetting Agent.
Velcacit-Nz.
Vulcacit Dz.
Vulkocit-D X-Ray Developer Packet A,
Vulcafor Zdg.
Vulcafor Dpg. : Vul. Cz. Vul. Dm/c. Yellow Dextrine.
Vaseline.
Vul-F
Vulcacit Thiran. Zinc Alkyl Phosphate.
Vulcacit Lda. Zinc Steate.
Vulcacit Moz. Zinc Alkyl Thiophosphate.
Vulcalent-A. Ziram.
Vulcacit-Ntc. Zinc Stearate.

(a) Oxidising Agents—Inorganic {2 Kgs.)

1. Aluminium Nitrate. 34. Magnesium Bromate.

2. Ammonium Dichromate (Ammonium 35. Mangaese dixode.
Bichromate). 36. Magnesium Nitrate.
3. Ammonium Nitrate. 37. Magnesium Perchlorate.
4. Ammonium Pechlorate. 38. Magnesium Peroxide.
5. Ammonium Persulphate. 39. Nitrate inorganic.
6. Barium Chlorate. 40. Per Borates inorganic.
7. Barium Nitrate. 41. Per Chlorates inorganic.
8. Barium Perchlorate. 42. Perchloric Acid.
9. Barium Permagnate. 43. Permanganates, Inorganic.
10. Barium Peroxide (Barium Dioxide, 44. Peroxides, metallie.
Super Oxide). 45. Potassium Bromate.
11. Bromates (Sodium, Potassium, Calcium 46. Potassium chlorate.
Ammonium, etc.). 47. Potassium Nitrate.
12. Calcium Nitrate. 48. Potassium Nitrites.
13. Calcium Chlorate. 49. Potassium Perchlorate.
14. Calcium Chlorite. 50. Potassium Permanganate.
15. Calcium Hypochlorite. 51. Potassium Peroxide.
16. Calcium Nitrate. 52. Potassium per sulphate.
17. Calcium Permanganate. 53. Silver Nitrate.
18. Calcium Perchlorate. 54. Sodium Bromate.
19. Calcium Peroxide. 55. Sodium Chorite.
20. Chromates of all kinds. 56. Sodium Chlorate.
21. Chlorites inorganic. 57. Sodim Nitrate (Chile Saltpetre).
22. Chlorates inorganic. 58. Sodium Nitrite.
23. Chromic Acid. 59. Sodium Perchlorate.
24. Chromium Trioxide (Chromi Acid, Chromic 60. Sodium Permanaganate.
Anhydride). 61. Sodium peroxide.
25. Dichromates, inorganic. 62. Sodium Persulphate.
26. Didynium Nitrate (Needymium Nitrate 63. Strontium Chlorate.
Praseodymiym Nitrates). 64. Strontium Nitrate.
27. Ferric Nitrate. 65. Strontium Perchlorate.
28. Hydrogen Peroxide, 66. Strontium Peroxide (Strontium Dioxide)
29. Lead Peroxide (Lead Dioxide). 67. Urea Hydrogen Peroxide.
30. Lead Nitrate. 68. Zinc Chlorate.
31. Lead Perchlorate. 69. Zinc Nitrate
32. Lead Hydrochlorite. 70. Zinc Permanganate.
33. Lithium Peroxide. 71. Zinc Peroxide.

(b) Oxidising Agents—Organic {2 Kgs.)

1. Acetyl Benzoyl Peroxide. 9. Tertiary Butyl per Maleate.

2. Acetyl Peroxide. 10. Tertiary Butyl Percctate.
3. Benzoyl Peroxide. 11. 2-2-Bis (Tertiary Butyl Peroxy) Butane.
4. Tertiary Butyl 22 Dimethyl 12. Tertiary Butyl iso-Propyl
Benzyl Peroxide. Benzene-Hydroperoxide.
5. Tertiary Butyl Hydro Peroxide. 13. Cumene Hydro Peroxide (Cumyl
6. Iso-Butyl Methyl Keton Peroxide. Hydro Peroxide).
7. Tertiary Butyl Per Acetate. 14. Cyclo Hexanone Peroxides.
8. Tertiary Butyl Per Benzoate. 15. Di-tertiary Butyl Diperphathalate.
H 4094—60a
 H-4094 ( 424 -- 448) L-1
442 Mumbai Municipal Corporation Act [ 1888 : Bom. III

16. Tertiary Butyl Peroxide (Di-triany Butyl 25. Octaroyl Peroxide (Octyl Peroxide
Peroxide). Caprylci Peroxide).
17. 2-4 Dichloro Benzoyl Peroxide. 26. Per Acetic Acid(Acetyl Hydroperoxide)
18. Di (4-Chloro Benzoyl) Peroxide. 27. Pinane Hydro Peroxide.
28. Propionyl Peroxide.
19. 2,5-Di Methyl Hexane2,5-Dihydro 29. Succinic Acid Peroxide (Disuccinic
Peroxide Acid Peroxide Peroxy Disuccinic Acid,
20. Di-iso Propyl Benzene Hydro Peroxide. Succinoyl Peroxide).
21. Ethyl Methyl Ketone Hydro Peroxide.
22. Ethyl Methyl Ketone Peroxide. 30. Tetralin Hydro Peroxide (Tetra
23. Lauroyl Peroxide (Dilauroyl Peroxide). Hydro-Napthalene hydroperoxide).
24. Para-Methane Hydro Peroxide. 31. Tetra Nitro Ethane.

D—POISONOUS (TOXIC) SUBSTANCES

(a) All Cyanides including the following—(1/2 Kgs.)

1. Barium Cyanide. 10. Mercury Cyanide (Mercuirc Cyanide)

2. Bromo Benzyl Cyanide. 10A. Mercuric potassium (Cyanide Pota-
3. Calcium Cyanide ssium Cyano Mercurate).
4. Copper Cyanide (Cupric Cyanide).
5. Cyanides. 11. Mercury Oxycyanide.
6. Cyanogen Bromide (Bromine Cyanide, 12. Nickel Cyanide.
Brome Cyanide). 13. Potassium Cuprocyanide
7. Cyanogen Chloride (Chlorine Cyanide). 14. Potassium Cyanide.
8. Hydro Cyanic Acid (Hydrogen Cyanide 15. Silver Cyanide.
Prussic Acid). 16. Sodium Cyanide.
9. Lead Cyanide. 17. Zinc Cyanide
.
(b) Other items of poisonous (toxic) substances (10 Kgs.)

1. Acetone Cyanohydrin. 29. Bromo Acetone.

2. Acaricides. 30. Brucine (Dimethoxt Strychine).
3. Acrylonitrle (Vinyl Cyanides) also 31. Cocudylic Acid (Dimethyl Arsenic Acid)
Flammable. 32. Calcium Arsenate.
4. Aldrin. 33. Calcium Arsenite.
5. Acrylamide. 34. Carbon Tetrachloride (Tetra Chloro-
6. Alkcloids. Methane).
7. Allyl iso-Thiocyanate 35. Chloral (Trichloro Acetaldehyde).
8. Alluminium Phosphide. 36. Chloro Acetone.
9. Ammonium Hydrogen Fluoride. 37. Chloro Acetophenone (Phenyl Chloro
10. Ammonium Hydrogen Fluoride. Methyl Ketone).
Ammonium Bi-Fluoride. 38. Chloro Anilines.
Ammonium Acid Flurode. 39. Chloro Dinitro Benzenes.
11. Ammunition, Tear Producing or Toxic. 40. Chloro Nitro Benzenes.
12. Aniline (Aminobenzene, Aniline Oil, 41. Chloro Phenates.
Phenylamine). 42. Chloro Phenols.
13. Aniline Hydrochloride (Aniline Chloride, 43. Chloro Picrin (Nitro Chloro Methanie)
Aniline Salt). 44. Chloro Ortho-Toludine Hydro Chloride
14. Antimony Compounds. 45. Coecules.
15. Antimony Lactate. 46. Copper Aceto Arsenite (Emerald Green
16. Potassium Tartrate (Tartar Emetic). King’s Green Moss Green,Viena Green).
17. Arsenic Acid. 47. Copper Arsenite (Cupric Arsenite,
17A. Arsenic Dust. Scheeles Mineral).
18. Arsenic Bromide (Arsenous Bromide). 48. Dichloro Anilines.
19. Arsenic Compounds. 49. Dichloro n-n-Benzene.
20. Arsenic Pentoxide. 50. Diethylene Triamine.
21. Arsenic Trichloride (Arsenic Chloride, 51. Di Ethyl Sulphate (Ethyl Sulphate).
Arsenous Chloride) 52. Di-Methyl Sulphate.
22. Arsenic Tioxide (Arsenic Oxide, Arsenous 53. Dinitro-n-Ani lines.
Oxide, White Arsenic). 54. Dintro-n-Benzenes.
23. Barium Oxide. 55. Dinitro-n-Ortho Cresol.
24. Benzidine. 56. Dinitro-n-Phenols.
25. Benzylideno Chloride Benzal Chloride 57. Dinitro-n-Toluenes.
Benzyl Chloride). 58. Disinfectants.
26. Beryllium Powder. 59. Di Phenyl Amine Chloro Arsine
27. Beryllium Compounds. (Phenarsazine chloride).
28. Bordeaux Arsenites. 60. Di Phenyl Chloro Arsine.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 443

61. Endrin. 123. Pesticides v. z.—

62. Epichlorohydrin. Azinphos- Ethyl, Azinphos-Methayl,
63. Ethyl Bromo Acetate. Dometon, Dimefox Disulpoton, Dio-
64. Ethyl Dichloro Arisine. xathion, Endonthion, HETP, Me-
65. Ethylen Di Bromide. carbon, Mevinphos, Parathion and
66. Ferric Arsenate (Scorodite). mixtures, Parathion Methyl, Phorate,
67. Ferric Arsenite. Phosphamidon, Schradan,. Sulfotep,
68. Ferrous Arsenate. Tetra Ethyl Pyro Phosphate (TEPP),
69. Fungicides. Dimeton Methyl, Dibrom, Dizainon,
70. Hexa Ethyl Tetra Phosphate (Ethyl Ethion, Fenthion, Phenkapton, Thio-
Tetra Phosphate ). meton Bromophos. Chlorothion,
71. Germicides. Dimethoate, Fenitrothion, Malathion
72. Herbicides. Trichionfon, Aldrin and Aldrin
73. Insecticides. mixtures, Dieldrin, Eldrin mixtures,
74. Lead Asernates. Heptachlor, Gama BHCDDT, Lindane,
75. Lead Arsenites. Toxaphene, Pentachlorophenol, Chlo-
79. London Purple. rophenates, Chlorophenlos, AN TU,
80. Magnesium Arsenate. Isolan, Dimetilan, Urbazid Propoxur
81. Malathion. Carbaryl, Dinobution Dinoseb, 4
82. Mercuric Arsenate. 6-Dinitro Ortho Eresol (DNOC)-
Binapacryl, Dinocap, Brucine, Nicotine
83. Mercuric Chloride.
Strychnine, Mercury Benzoate, Mercury
84. Mercuric Nitrate.
Cluconate, Mercury Nucleate, Mercury Ole-
86. Mercuric Sulphate.
ate, Mercury Salicylate, Fentin Acetate, Fentin
87. Mercurous Nitrate.
Hydroxide, Thallium Compounds, Arsenic
88. Mercurous Sulphate.
C o m p o u n d s ,
89. Mercury Acetate (Mercuric/Mercurous
Warfarin Comnachlor, Pindone,
Acetate).
Sodium Flucoroacetate, Endothal,
90. Mercury Ammonium Chloride.
paraquat, Diquat, Loxynil.
91. Mercury Benzoate.
92. Mercury Bisulphate. 124. Phenols (Cerbolic Acid Cresols,
93. Bromides (Mercuric/Murcurous Bromide). Cresy-lic Acids )
94. Mercury Compounds Inorganic or 125. Phenyl Carboxylamine Chloride
Organic. (Phenyl Imono Phosgene)
95. Mercury Gluconate. 126. Phenylene Diamines.
96. Mercury Iodide. 127. Phenyal Mercuric Acetate.
97. Mercury Nucle-ate. (Merentrol). 128. Phenyl Mercuric Compounds.
98. Mercury Oleate. 129. Phenyl Mercuric Hydroxide.
99. Mercury Oxide. 130. Phenyl Mercuric Nitrate.
100. Mercury potassium Iodide (Potassium 131. Potassium Arsenate.
Mercuric Iodide). 132. Postassium Arsenite.
101. Mercury Salciylate. 133. Potassium Fluoride.
102. Mercury Thiocyanate. 134. Silver Arsenite.
103. Methyl Bromide. 135. Sodium Arsenate.
104. Methyl Bromo Acetone. 136. Sodium Arsenite.
105. Naphthylamine, alpha or beta. 137. Sodium Cacodylate.
106. Naphthyl Thio Urea. 138. Sodium Fluoride (Villiaumite).
107. Naphthyl Urea. 139. Sitrontium Arsenite.
108. Nematocides. 140. Strychnine and its salts.
109. Nicotine. 141. Tear Gas.
110. Nicotine Hydro cloride. 142. Tear Gas Candles (Tear Gas Grenades)
111. Nicotine Salicylate. 143. Tetra Chlora Ethane
112. Nicotine Sulphate. (Acetylene Tetrachloride.)
113. Nicotine Tartrate. 144. Tetra Ethyl Dithio Pyro Phosphate.
114. Nitro Anilines. 145. Tetra Ethyl Pyro Phosphate.
115. Nitro Benzenes. 146. Thallium Compounds.
116. Nitro Phenols. 147. Toluidines.
117. Nitro Toluenes. 148. 2, 4-Toluidine Diamine.
118. Nitro Oxylenes. 149. Xylidines (Amino Dimethyl Benzine
119. Organo Phosphates. 3,4-Dimethyl Aniline).
120. Parathion (Methyl Parathio ). 150. Xylyl Bromide.
121. Peta Chloro Ethane (Pentalin ). 151. Zinc Arsenate and Arsenite.
122. Perchloro Mepthyl Mercaqtan (Thio 152. Zinc Phosphide.
Carbonyl Tetrachloride Trichloro
Methyl Sulphochloride ).
 H-4094 ( 424 -- 448) L-1
444 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(c) Infectious Substances.—These are substances containing disease-producing micro-organisms, such

other substances, solids, liquids or gases which are dangerous to human beings and which in contact with
living tissues cause damages to them.
(d) Corrosives
Free limit for Single Item (10 Kgs.)
1. Acetic Acid 55. Hydrozone.
2. Acetic Anhydrid .(Acetic Oxide, 56. Hydriodic Acid. (Hydrogen Iodide).
Acety-loxide). 57. Hydro Bromic Acid (Hydrogen Bromide).
3. Acetyl Bromide. 58. Hydrocholric Acid (Hydrogen
4. Acetyl Iodide. Chloride Muraitic Acid ).
5. Mineral Acids, their solutions and 59. Hydro Fluric Acid.
mixtures (Mixed acid, nitrating acid, 60. Hypochlorites.
spent acid). 61. Iodine Monochloride.
6. Altane Sulphuric Acids. 61A. Lime (Unslaked ).
7. Allyl Iodide also flammable. 62. Nitric Acid.
8. Aluminium Bromide, Anhydrous. 63. Nitro Hydrochloric Acid (Aqua Regia)
9. Aluminium Chloride, Anhydrous. 64. Nonyl Trichlorosilane.
10. Allyl Trichlorosilane. 65. Octa Decyl Trichlorosilane.
11. Anisoyl Chloride 66. Octyl Trichlorosilane.
12. Antimony Pentachloride or Antimony 67. Perchloric Acid.
Perchloride. 68. Phenol Sulphonic Acid.
13. Antimony Penta fluoride 69. Phenyl Trichlorosilane.
14. Antimony Trichloride Or Antimony 70. Phosphorous Oxybromide
Chloride Or Caustic Antimony Or (Phosphoryl Bromide).
Mineral Butter. 71. Phosphorous Pentachloride
15. Battery Fluid. (Phosphoric Chloride).
16. Benzol Chloride. 72. Phosphorous Pentoxide
17. Benzyl Bromide (Bromo Toluene). (Phosphoric Anhydride).
18. Benzyl Chloride (Chloro Toluene). 73. Trichloride ( Phosphorous Chloride).
19. Benzyl Chloroformate. 74. Phosphoryl Chloride
20. Bifluorides. (Phosphorous Oxy-chloride).
21. Boron Trifluoride-Acetic Acid. 75. Potassium Bifluoride.
22. Complex Bromine Free Limit 5 Kgs. 76. Potassium Hydroxide (Caustic Potash)
23. Bromine Penta fluoride. 77. Potassium Oxide.
24. Bromine Trifluoride. 78. Iso-Propyl Acid Phosphate.
25. Bromo Acetic Acid. 79. Propyl Trishlorosilane.
26. Caustic Soda. 80. Pyrosulphruyl Chloride
27. Caustic Potash. (Disulphuryl Chloride).
28. Chloro Acetic Acid. 81. Selenic Acid.
29. Chloro Acetyl Chloride. 82. Silicon Tetrachloride.
30. Chloro Phenyl Trichlorosilane. 83. Sludge Acid.
31. Chloro Sulphonic Acid. 84. Soda Lime.
32. Chromium Fluoride. 85. Sodium Aluminate.
33. Chormium Oxychloride (Chronyl 86. Sodium Bisulphite
Chloride). (Sodium Hydrogen Sulphite).
34. Cupri Ethylene diamine. 87. Sodium Hydroxide (Causitc Soda).
35. Cyclohexyl Trichlorosilane. 88. Sodium Monoxide.
36. Dichloro Acetic Acid. 89. Stannic Chloride (Tin Chloride).
37. Dichloro Acetyl Chloride. 90. Sulphuric Chlorides (Sulphur
38. Dichlorophenyl Trichlorosilane. Mono- chloride Sulphur Dichloride.)
39. Diethyl Dischlorosilane. 91. Sulphuric Acid.
40. Difluoro Phasphoric Acid anhydrous. 92. Sulphurous Acid.
41. Diphenyl Dichlorosilane. 93. Sulpur Trioxide (Sulphuric Anhydride)
42. Diphenyl Methyl Bromide. 94. Sulphuryl Chloride (Chloro Sulphruic
43. Rthylene Diamine Acid, Sulphonyl Chloride, Sulphuric
44. Ferric Chloride (Iron Chloride). Chloride, Sulphuric Oxychloride).
45. Fluo Boric Acid. 95. Tetra Methyl Ammonium Hydroxide.
46. Fluoro Phasphoric Acid. 96. Thio Glycolic Acid (Mercapto
47. Fluoro Sulphoric Acid. Acetic Acid) .
48. Fluo Silicic Acid (Hydro -Fluo silicic 97. Thionyl Chloride (Sulphur
Acid, Silico Fluotic Acid). Oxychloride Sulphurous Oxychloride).
49. Formic Acid. 98. Thio Phosphoryl Chloride
50. Fumaryl Chloride (Butanedol Chloride) (Phophorous Sulphochloride).
51. Hexadecyl Trichlorosi lane. 99. Titanium Tetrachloride
52. Hexa Fluoro Phosphoric Acid. (Titanic Chloride).
53. Hexa Methylene diamine, Solution. 100. Trichloro Acetic Acid.
54. Hexyl Trichlorosilane. 101. Zinc Chloride Solution.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 445

(e) Any other posionous or corrosive substances including the following (10 Kgs.):—
1. Albond disposal for alumium. 14. Hydrazine Hydrate.
2. Barium Chloride. 15. Iodine.
3. Barium Hydroxide. 16. Methylene dichloride.
4. Barium Carbonate. 17. Phosphorous Oxychloride (in liquid
5. Bleaching Powder. form).
6. Brassal-Z. 18. Permefilm chemical.
7. Cupsal-Z 19. Perliton-22/55.
8. Cadsal-Z. 20. Rapideep H Salt.
9. Chloroform. 21. Silsal-2.
10. Calisolve Td. (T.C.E.). 22. Trichloro Ethylene.
11. Formalin 23. Zinsal SZ.
12. Formalhyde Water Solution. 1. Amonia liquid.
13. Hexachloroethane. 2. Hydroxylamine sulphate.

PART III
Articles which shall not be kept without a licence in or upon any premises for sale or other than
domestic use
Aerosols, Aerosal Dispensers, Ashes, Bamboos, Blood, Bones, Fire wood, Fish-Dried, Fins, Hair, Hides
(Dried or raw), Hessian and Hessian goods, Hoofs and Horns, Oiled cloth and Oiled paper, offal, Paper old
or waste, Paper savings. Rags, Sandal wood, Sawdust, Skins (dried or raw), Straw and straw goods,
Timber (including ply wood, Hard board and processed wood) cane and their articles, Wool (raw), Iron
scrap or other metal scrap.
Cases.—Compressed, liquified, Dissolved including the following :—
Acetylene Dissloved. Dichloro Mono Floro Methane, liquid.
Air (Liquified). 1,1 Difluoroethane, compressed.
Air (compressed). Difluoro Monochloro Ethane, compressed.
Ammonia Liquified/Solution. Dimethyl Amine, liquified.
Argon (Compressed). Dimethyl Ether, Methyl Ether compressed.
Argon (Liquified). Engine Starting Fluid, Mixture of liquid
Boron Trichloride. and/or gases.
Boron Trifluoride. Ethane, compressed, liquified.
Boron Fluoride, Compressed. Ethyle Amine, Amino Ethane, Mono
Bromo Trichloro Methane (Liquified) Ethylamine (liquified).
Butadiene (Divinyl) Liquified. Ethyl Chloride, compressed.
Carbon Dioxide, Compressed. Ethylene, compressed, liquified.
Carbon Dioxide & Nitrous. Ethylene Oxide.
Oxide mixture, liquified. Ethylene Oxide and Carbon Dioxide
Carbon Dioxide & Oxygen. Mixture, containing not more than 17
Mixture compressed. per cent. of Ethylene Oxide, liquified.
Carbon Monoxide, compressed. Fluorine, compressed.
Chlorine Low Pressure recepacles. Helium, compressed.
Chlorine Trifluoride, Compressed. Hexafluoro Propylene, compressed.
Chloro Difluourobromo Methane or Hydrogen, compressed, liquid.
Bromo Chloro-Difluoro Methane or Hydrogen Bromide, compressed.
Mono Chloridifluoro Mono Bromo Hydrogen Chloride anhydrous, compressed
Methane all compressed. Hydrogen Cyanide or Hydro Cyanic Acid,
Monochloro Difluoro methane or Chloro- compressed.
Difluoro Methane, Liquified. Hydrogen Fluoride (anhydrous, compressed)
Chloro Difluoro Methane and Chloro- Hydrogen and Methane mixtures,
Pentafluoro. compressed.
Ethane mixture liquified. Hydrogen Sulphide or Sulphuretted
Chloro Pentafluoro Ethane, compressed. Hyrdogen, liquified.
Chloro Tetrafluoro Ethane, liquified. Krypton, compressed, liquid.
Chloro Trifluoro Methane, liquified. Liquified Non-Inflamable gases charged
Coalgas, compressed. with Nitrogen, Carbon, Dioxide or Air.
Cyanogen (Dicyanogen) liquified. Liquified Petrolum gases such as Butane,
Cyanogen Chlorode, compressed. Propane or their mixtures etc.
Deuterium (Heavy Hydrogen), compressed. Methane, compressed.
Diborane (Boroethane), liquified. Dichloro Methane and Natural Gas with a High
Difluoro Methane, liquified. Methane contact liquid or liquified.
Dichloro Mono Fluro Ethane, liquid. Methyl Bromide, compressed.
 H-4094 ( 424 -- 448) L-1
446 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Methyl Chloride, compressed. Cartouche Gas cartridges.

Methyl Bromide and Methyl Chloride Silcon Tetra Fluroide or (Tetra Fluoro
mixture, compressed. Mono Silane).
Methyl Mercaptan, liquified. Sulphur Dioxide.
Neon, compressed, liquid. Sulphur Hexafluoride.
Nitric Oxide, compressed. Tetra Fluoro Ethylene, Liquified.
Nitric Oxide and Nitrogen Trioxide Tetra Fluoro Methane, medium pressure.
Mixture, compressed. Tetra Fluoro Chloro Ethane, or (Chloro
Nitrogen, compressed, liquid. Trifluoro Ethane).
Nitrogen Dioxide] Trifluro Chloro Ethane.
Nitrogen Peroxide Compressed Tri Fluoro Ethane.
Dinitrogen Tetroxide. Tri Methu Amine (Anhydrous).
Nitrosu Chloride, compressed. Vinyl Bromide.
Octa Fluoro Cyclobutane, liquified. Vinyl Chloride.
Oil Gas, compressed. Vinyl Fluoride.
Oxygen, compressed, liquid. Vinyl Methyl Ether, liquified.
Phosgene or Carbonyl Chloride, compressed. Water Gas, compressed.
Rare Gases, compressed. Xenon, liquified.

PART IV
Trades or processes or operations connected with trades which shall not be carried on
or allowed to be carried on in or upon any premises without a licence
Baking.
Bhelpuri, Preparation or sale of—
Bleaching cloth or yarn.
Keeping Charcoal, coal or coke shop.
Keeping cold storages.
Casting Metal.
Keeping Chemist and Druggist shop.
Dyeing of cloth, yarn or leather.
Grinding or pounding of chiillies or masala or (otherewise than by hand grinding).
Keeping a flour mill.
Keeping a laundary shop.
Keeping of an eating house or catering establishment.
Using or allowing to be used a premises for the preparation of eatables for the purpose
of trade and for the profit or gain of any person owning or having an interest in or
managing such premises.
Keeping of a hair dressing saloon or a braber’s shop.
Keeping of a lodging house.
Keeping liquor or Toddy shop, where liquor or Toddy is sold or served for consumption
on the premises.
Keeping mattresses and pillows shop or manufacturing mattresses or pillows.
Keeping Pan Shop where prepared Pan (Pan Patti) is sold.
Keeping a printing press, a litho press for photo off-set press.
Keeping a Paint shop.
Keeping sweetmeat shop except in premises already licensed as an eating house.
Keeping a tailoring shop or a shop doing embrodiery work or other like work.
Manufacturing leather goods, but excluding a cobbler who repairs footwear and other
leather goods.
Parching of grains, grains nuts or seeds.
Printing or embossing cloth yarn or leather, plastic or metal sheets or on any other
articles whatsoever.
Refining of precious metals or recovering them from embroideries, photographic Pa-
pers films or any commodity whatsoever.
Processing of cloth or yarn by any process whatsoever.
Processing or refining of mineral oils of any kinds.
Shooting or processing of cinematograph films (in a studio or a laboratory) or any other
place.
Tanning, pressing or paking hides or skins, whether raw or dried.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 447

(1) Carrying on trade of or any process or operation connected with the

trade of—
(a) Anodising or metallising.
(b) Blacksmithy.
(c) Repairing and/or servicing storage batteries.
(d) Re-treading or resoling or vulcanising of rubber goods.
(e) Spray Painting.
(f) Optical glass grinding or reparing.
(g) Coppersmithy.
(h) Automotor servicing or repairing.
(i) Welding of metal by electric, gas or any process whatsoever.
(j) Electroplating.
(k) Transporting of goods.
(l) Clearing of goods.
(m) Timber or wood sawing or cutting by mechanical or electric power.
(n) Automobile body building or repairing.
(o) Water proofing of paper or cloth or manufacturing Tarapaulin.
(p) Marble cutting, grinding, dressing or polishing.
(q) Tinsmithy.
(r) Spinning or weaving or knitting or twisting of cotton, silk, art silk or
synthetic fibre or jute or wool by any process whatever.
(s) Upholstery.
(t) Stone grinding, cuting, dressing or polishing.
(u) Metal (ferrous or non-ferrous or antimony but excluding precious metal)
cutting or treating metal by hammering, drilling, pressing filing,
polishing, heating or by any other process whatever or assembling parts
of metal and manufacturing articles of metals.
(v) Washerman’s trade.
(w) Keeping a Warehouse (Warehousing trade).
(X) Taking out photostate copies such as Zerox copies.
(y) Braiding or plating for manufacturing of tapes, ropes, shoe laces, etc.

(2) Manufacturing, parching, packing, pressing, cleaning, cleaninsin. pro

cessing, bailing, melting, grinding, mixing or repairing by any process
or operation whatever any of the following articles :—
Aerated waters.
Agarbattis or perfumed sticks.
Asphalt Bitumen Tar Darnmer or pitch.
Bidies (indigenous cigarettes) snuff, cigars or cigarettes
Bitumen.
Bones.
Brakefluid.
Bricks or tiles, Articles or cement, plaster, clay or like material by any
process whatsoever.
Bricks or tiles by mechanical power.
Brushes.
Candles.
Celluloid or celluloid goods.
Charcoal (inlcuding Badami coal).
Chemicals,
Detergent or other like products.
Condiment.
Cosmetics or toilet goods.
Cotton, cotton refuse, cotton waste, cotton yarn, silk, silk yarn, art silk,
art silk waste, art silk yarn, wool or woolen refuse or waste (synthetic
yarn or waste).
Dyes, colours, pigments or powder of any kind.
H 4094—61
 H-4094 ( 424 -- 448) L-1
448 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Electric storage batteries.

Fat.
Fire work (including Bengal or star matches).
Flax.
Ink for printing, writing or stamping.
Gas.
Glue, Sizing material or gelatine or adhesive of any kind.
Ghee.
Glass or glass articles (excluding mere packing of glass or glass articles).
Gunpowder.
Grease or Tallow.
Hemp.
Insulating material.
Insecticide or disinfectants or deodorants.
Ice (including dry ice).
Leather cloth, rexine cloth, water-proof cloth or plastic cloth.
Line.
Linseed oil.
Matches for lighting.
Offal.
Oil-cloth.
Pharmaceutical or medical products.
Paper, paper boards, or card-boards or products thereof.
Rubber or rubber goods.
Paints.
Pickers from hides.
Plastic goods.
Manufacturing, assembling, repairing or servicing Radios, T.Vs., Refriger-
ating units, Air conditioning plants.
Sanitary-ware or china-ware.
Sopa.
Sugar.
Sugarcane juice.
Sweetmet and confectionery goods and other eatables whether sweet or
savoury.
Textile Auxiliaries.
Varnish.
Oil other than Petroleum (either by mechanical power or by hand power or
ghani driven by bullock or any other animal).
Wooden furniture, boxes barrels, khokas or other articles wood or of ply-
wood or of sandle wood employed.
Wax or wax products paraffin wax or petroleum jelly.
——————
SCHEDULE N
(See section 444)
P ARTICULARS TO BE SPECIFIED IN THE REGISTER OF BIRTHS

Serial Number.
Date of Birth.
District.
Sub—District,
Ward No. of house (i. e., its distingushing number
Place of Birth .. under clause (a) of s. 156).
Street or wadi.
No. of house in street or wadi.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 449

Names (and surnames, if any).

Occupation or profession.
Parents .. Place of birth
Duration of residence in Years.
1
[Brihan Mumbai] Months.
Days.
Only wife now alive.
Mother being .. One of two wives, both now alive.
One of three or more wives, all now
alive.
Mother being unmarried.
Born alive.
Still-born.
Child .. Sex.
Race, caste or nationality.
Name, if any.

2
[SCHEDULE O
(See section 444).
PARTICULARS TO BE SPECIFED IN THE REGISTER OF DEATHS,
3
[MUMBAI MUNICIPAL CORORATION.]
REPORT OF DEATH IN 4[BRIHAN MUMBAI]
Central District Date of Date of registry in
Registry Registration No. death District Office

Serial No.
(Ward .............................................. District No. ...............................................
Section ................................................. Street or Wadi ..........................................
Abode .................................................. (House No. ...............................................)
Duration of residence in 5 [Mumbai ] Years ....................................................
Months .................................................. Days ....................................................
If a new comer to 5[ Mumbai ] or lately arrived, wherefrom :
Village. ....................................... Taluka ...............................................................
District ....................................................................................................................
Full name (including surname) .............................................................................
Father’s name ..........................................................................................................

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996,
s. 2, Schedule.
2
Schedule ‘ O ’ was substituted for the original by Mah. 39 of 1961, s. 13.
3
These words were substituted for the words “ Bombay Municipal Corporation ” by Mah. 25 of 1996,
s. 2, Schedule.
4
These words were substituted for the words “ Greater Bombay ”, by Mah. 25 of 1996, s.2, Schedule.
5
This words was substituted for the words “ Bombay ”, by Mah. 25 of 1996, s.2, Schedule.
 H-4094 ( 424 -- 448) L-1
450 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Sex ....................... Nationality ............................ Race ..........................................

Caste ........................... Age : Years ........................... Months ...................................
Days ....................... Hours ............................. Still-born .........................................
Occupation or profession of deceased ..................................................................
Occupation or profession of guardian ..................................................................
Place of birth, if in 1[Mumbai] : District . ................................................................
Street or Wadi . ................................................. House No. ................................
If out of 1[Mumbai] : Village. ......................................... Taluka . .......................
District .................................................................................................................
Country to which family belongs ...........................................................................
Place of death ....................................................................................................
Cause of death ......................................................................................................
Approximate interval between onset and death (duration of disease ).
Years ................................ Months ........................ Days .............................
Hours ................................
I.
Diseases or condition directly leading to (a) ................................................
death* (due to/or a consequence of).
Antecedent causes . . (b) ....................................................
Morbid conditions, if any, giving rise (c) ....................................................
to the above cause, stating the under- (due to/or as a consequence of).
lying condition last.
II.
Other significant conditions contribu- ............................................................
ting to the death, but not related to ..................................................................
the disease or condition causing it ...................................................................
Maternal, infant or others .......................................................................................
Name of the Medical Attendant .......................................................................
Medical qualification .........................................................................................
Register No. ...................... Residence of Medical Attendant. .........................
......................................... disposal of dead At : Cemetery No. ..............................
Location ............................. Method : Buried ..................... Burnt .......................
Exposed ..........................................................................
Signature of informant.
Date of Information. 20 .
Signature of District Registar.
District No. ....................................................... ]

* This does not mean the mode of dying, e.g., heart failure, asthema, etc. It means the diseases or
complication which causes death.
1
This word was substituted for the word “ Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
 H-4094 ( 424 -- 448) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 451

1
[SCHEDULE P
(See section 450)
MEDICAL CERTIFICATE of CAUSE OF DEATH
To
2
[THE MUNICIPAL COMMISSIONER, MUMBAI].
I do hereby certify that I attended the deceased ..................................................
during his/her last illness, and that to the best of may belief the cause of his/
her death was as stated below * :—
Causes of death. Approximate interval between onset and death
Yrs. Mths. Dys.
I.
Diseases or condition directly leading to (a) .......................................................
death† (due to/or a consequence of).
Antecedent causes . . (b) ......................................................
Morbid conditions, if any, giving rise (due to/or as a consequence of).
to the above cause, stating the under- (c) ................................................
lying condition last.
II.
Other significant conditions contribu- ...........................................................
ting to the death, but not related to ...............................................................
the disease or condition causing it .................................................................
Signature .................................................................................................................
Medical Designation or Diploma ......................................................................
Address ....................................................................................................................
Vide note below :
N.B.—(i) The protection of the confidential nature of the medical
information contained herein is ensured as far as possible.
† This does not mean the mode of dying e. g., heart failure, Asthenia, etc.
It means, the diseases or complication which caused death.
(ii) The Medical Practitioners are requested to study carefully the note
printed on inside of the cover.
(iii) Earnest co-operation of Registered Medical pracitioners in the matter
will be highly appreciated by all concerned.
(iv) The certificate, on being filled in carefully and signed, should be
forwarded without delay to the Executive Health Officer, 3[Mumbai
Municipality].
(v) Additional forms of certificates will be supplied free of charge to
Registered Medical Practioners on request to the Executive Health Officer.
(To be printed on the inside of the covers of the Books of
Forms of Medical Certificate of Death)
DEATH CERTIFICATION
The regulations of the World Health Organisation of the United Nations
are adopted from 1st April 1960. These regulations include the
recommendations of the 6th Decennial International Revision Conference
with regard to certification of cause of death, which are designed to secure
universal uniformity as to stating the “ UNDERLYING CAUSE OF DEATH.”.
The relevant extracts from these recommendations are given below :—
(1) A cause of death is the morbid condition or diseas process, abnormality
* leading directly or indirectly to death. Symptoms or modes of dying.
1
Schedule P was substituted for the original by Mah. 39 of 1961, s. 14.
2
These words were substituted for the words “ THE MUNICIPAL
COMMISSIONER, BOMBAY ” by Mah. 25 of 1996, s. 2, Schedule.
3
These words were substituted for the words “ Bombay Municipality ”, by Mah. 25 of 1996 s.2, Schedule.
 H-4094 ( 424 -- 448) L-1
452 Mumbai Municipal Corporation Act [ 1888 : Bom. III

such as heart failure, asthenia etc, are not considered to be causes of death
for statistical purposes.
(2) The underlying cause of death may be defined as—
(a) the disease* *which initiated the train of morbid events leading
directly to death, or
(b) * * * *
(3) The (recommended) medical certificate of death is designed to elicit
the information which will facilitate the selection of the UNDERLYING
CAUSE OF DEATH when two or more causes are jointly recorded.
(4) No entry is necessary in lines *(b) and (c) of the certificate if the dis-
eases or conditions directly leading to death stated in line (a) described com-
pletely the train of events.
(5) In Part II are to be entered any other significant conditions which
unfavourably influenced the course of the morbid process, and thus contrib-
uted to the fatal outcome but which are not related to the diseases or condi-
tions directly causing death.

Public Health Department, Executive Health Officer.]

Registration Branch.

——————
SCHEDULE Q
(See section 453)
FORM CERTIFYING NAME GIVEN IN BAPTISM.
I, ........................................... of ...................................., do hereby certify that
on the ....................................................... 20 ........, I baptized by the name of
....................................................... a male child produced to me by as the
of ............................................, and declared by the said .............................................
to have been born at ................................... on the .............................. 20 .......... .

Date (Signed by Officiating Minister).

FORM CERTIFYING NAME GIVEN NOT IN BAPTISM

I, ......................................... , do hereby certify that the .......................................
male child, born on the ................................ 20 ........... , at ................................. ,
to .............................. and ............................................ his wife, and registered
in the district of ................................ on the ................................. 20 ....... , has
received name of ................................................. .

(Signed by father or mother, etc.)

 H-4094 ( 449 -- 456) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 453

SCHEDULE R
(See section 528)
TRANSITORY PROVISIONS
[1, 2, 3, 4, 5 and 6] Repealed by Act XVI of 1895.
7. The standing committee may, with the approval of the corporation, grant Personal
allowance to
to the Municipal Secretary, in addition to his maximum monthly salary of one present
thousand rupees, a personal allowance not exceeding two hundred rupees Municipal
monthly in consideration of such secretary’s long and approved service, so long Secretary.
as the office is held by the same person who on the day when the Bombay
Bom. VI Municipal Acts Amendment Act, 1882, 1came into force was secretary of the
of 1882. town-council and clerk of the Municipal Corporation.
[8, 9, 10, 11, 12, and 13.] Repealed by Act XVI of 1895.
———————
2
[SCHEDULE S
[See section 259A sub-section (3)]
DRAINAGE COMPLETION CERTIFICATE
I do hereby certify that the following work (insert full particular of the work)
Has been completed to my satisfaction ; that the work­manship and the whole
of the materials used are good ; and that no provision of the Act or the by-laws,
and no requisition made, condition prescribed or order issued thereunder, has
been transgressed in the course of the work.
(Signed)
(Dated) ........................]
———————
3
[SCHEDULE T
[See section 353A, sub-section (1) ]
BUILDING COMPLETION CERTIFICATE
I do hereby certify that the following building work (insert full particulars
of the work)
Has been supervised by me and has been completed to my satisfaction ; that
the workmanship and the whole of the materials used are good ; and that no
provision of the Act or the by-laws and no requisitions made, condition
prescribed or order issued thereunder, has been transgressed in the course of
the work.
(Signed)
(Dated) ........................]
———————
4
[SCHEDULE U
[See section 62, sub-section (1)]
MEDICAL INSTITUTIONS IN 5[MUMBAI]
1. The Jamsetjee Jeejeebhoy Hospital.
2. The Bai Motlibai (Obstetric) Hospital.
3. The Sir Dinshaw Maneckji Petit Hospital for Women and Children.
4. The Dwarkadas Lallubhai Dispensary for Women and Children.
5. The St. George’s Hospital.
6. The Goculdas Tejpal Native General Hospital.
7. The Pestonji Hormusji Cama Hospital for Women and Children.
8. The Allbless Obstetric Hospital.
9. The Jaffar Sulliman Dispensary for Women and Children.
10. The Jehangir Nassarvanji Wadia Dispensary, Mahim].

1
Bom. 6 of 1882 is repealed by section 2 of this Act.
2
Schedule S was inserted by Bom. 5 of 1905, s. 60.
3
Schedule T was inserted by Bom. 5 of 1905, s. 60.
4
Schedule U was added by Bom. 3 of 1907, s. 22.
5
This word was substituted for the word “Bombay” by Mah. 25 of 1996, s. 2 Schedule.
 H-4094 ( 449 -- 456) L-1
454 Mumbai Municipal Corporation Act [1888 : Bom. III

[SCHEDULE V
1

(See section 89A)

LANDS AND BUILDINGS IN THE USE AND OCCUPATION OF THE 2[MUMBAI]
CITY POLICE
Consecutive Name and situation of the City Municipal Approximate Approxi-
number lands and buildings survey Ward area in mate area in
number number square square
feet of land feet of
covered open
with grounds
buildings

1 Quarter for Police Officers formerly used 416 D 416 7,482 9,189
as the Police Magistrate’s Court, Maharbvadi,
Girgaum Back Road.
2 Police Station in Picquet Road 18 C 916 1,915 377
3 New Police Chowki near Null Bazar, 3421A C 6806 362 003
Erskine Road.
4 Police Station at the junction of Hornby Vellard Nil G1 356 760
and Warden Road, Mahalaxmi.
5 New Police Chowki at Jacob’s Circle, Byculla 7733 E 4572 (3) 819 2,181
6 New Chowki in Undria Street, Nagpada 4079 and E 8 and 638 28
4080 E 306
7 Bunglow No. 7, Hansaraj Lane, Byculla 3672(2) E 4727 9,639 47,039
Bridge. to 4729
8 Police Head-quarters and Lines in Esplanade, 8473 A 3325 11,422 1,54,555
Carnac and Hornby Roads. to 3329
A 3715 (1 and 2)
A 3716
(1 and 3)
9 Police Magistrate’s Court in Esplanade and 8472 A 3344 1,328 Nil
Cruickshank roads (Portion used for to 3440
residential purposes only).
10 “Claremount” premises, Nesbit Lane, Mazgaon 3687 E 6151 4,422 ..
(portion used for residential purposes only)
3
[11 “Grant House”, Pultan Road 8476 A 3333(2) & 9,350 28,884]
(3) & 3344 (1)
12 New Police Chowki at Girgaum, near 408 D 257 598 521
the Tramway Terminus, Girgaum Road.
13 Pound keepers quarters at Girgaum, 7957 D 247 4,548 2,230
Kannedy Bridge.
14 Chowki at Middle Colaba near the Post Office 9699 A 26(2) 390 3,434
Middle Colaba Road.
15 Police Station, Bazar Gate Road and Fort 8484 & A 2163 (1) 2,194 589
Street. 8485.
16 Chowki near the Queen’s Statue, Esplanade 8452 A 3505 444 Nil
Road.
17 Sowars’ stables and Superintendent’s quarters 55 G 5312 4,523 15,464
in the lane leading to Mahim Fort.
18 Old Police Head Office and Chowki in Byculla, 3672 E 4727 to 7,321 5,129
Parel and Shephered Roads. E 4729
19 Police Lines and Stables Shephered Road, 3672 E 4727 to 30,264 80,436
Byculla. 4729
1
Schedule V was added by Bom. 3 of 1907, s. 22.
2
This word was substituted for the word “Bombay” by Mah. 25 of 1996, s. 2, Schedule.
3
This item was substituted for the original item by Bom. 2 of 1911, s. 24.
 H-4094 ( 449 -- 456) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 455

Consecutive Name and situation of the City Municipal Approximate Approxi-

number lands and buildings survey Ward area in mate area in
number number square square
feet of land feet of
covered open
with grounds
buildings

20 Chowki in Masjid Bunder Road, Masjid 265 B 1171 450 Nil

Bunder Bridge.
21 Police Chowki and Quarters behind the 7495 D 980 4,988 2,496
Old Girgaum Police Court Buildings, to 982
Girgaum Back Road.
22 Police Chowki at Walkeshwar Reversing 7238 D 2984 481 942
Station, Walkeshwar Road, Malabar Hill.
23 Police Station Pydhonie, Parel Road 1267 B 2179 (1) 2,820 51
24 Police Quarters and Lines on Wodehouse 9561 A 885 (1 & 57) 25,794 33, 408
Road Estate, Colaba Causeway Road.
25 Police Quarters and Lines in the 1st Nagpada 3692 A 3689 (1 & 2) 23,013 12,600
Scheme, near the Parsee Statue, and A 3690
New Nagpada Street.
26 Police Quarters in Shephered Road 3689 E 3429 to 3448 4,248 7,569
27 Police Hospital in New Nagpada Street, 3692, 3696 E 3536 7,656 43,023
Nagpada, Byculla. and 3697 to 3542
28 Chowki in Bhandarwada Lane, Koliwada 2375 B 1960 212.5 Nil
Mandvi.
29 Chowki at the Junction of Kazi and 861 C 6166 180 Nil
Masjid Street.
30 Chowki at the Junction of the Mount, Nil E 4817 514.53 Nil
Mazgaon and Dockyard Roads, Matharpacady.
31 Chowki at the Junction of Church and Dholkar 3363 E 6806 367 Nil
Streets, Mazagaon.
32 Chowki in Parel Road, Chinchpokli 3621 E 7483 343 Nil
33 Chowki in Upper Duncan Road 5683 E 537(2) 377 182
34 Chowk of Sion Road, Coorla Causeway 1 F 8803 (2) 81 Nil

518
35 Chowki and Lock up in Mahim Bazar Road 39 G 5215 1,152 Nil
36 Chowki in 1st Pasta Lane, Lower Colaba 9564 A 520 90 Nil
37 Chowki in Colaba Road 9699 A 26(2) 37.98 Nil
38 Chowki in Bench Road, near the 9699 A 6(3) 45.54 Nil
Royal Artillery Mess, Colaba.
39 Chowki in Pilot Street near the Afghan 9696 A 174 (2) 39.06 Nil
Memorial Church, Colaba.
40 Chowki in 8th Bungalow Street, near the 9699 A 66 (2) 45.54 Nil
Bombay Infantry Mess, Colaba.
41 Chowki near Colaba Railway Station 9666 A 235 (9) 37.96 Nil
Wodehouse road.
42 Chowki near the Gim Carriage premises 9567 A 423 (2) 45.54 Nil
Colaba Road.
43 Chowki near the Town Hall, Custom House Road 9312 A 1057(1) 100.00 868
44 Chowk in the compund belonging to 9561 A 885 (5A) 108.00 Nil
the Improvement Trust, Wodehouse Road
Building, Colaba Causeway.
H 4094—62
 H-4094 ( 449 -- 456) L-1
456 Mumbai Municipal Corporation Act [1888 : Bom. III

Consecutive Name and situation of the City Municipal Approximate Approxi-

number lands and buildings survey Ward area in mate area in
number number square square
feet of land feet of
covered open
with grounds
buildings

45 Chowki in Jamnagar Street Frere Road 8480 A 2899(2) 108.00 Nil

46 Chowk in Fort Street, Mint Road 1 A 2811(2) 144.00 Nil

8483

47 Chowki near the Wellington Fountain at the 9562 A 1301(2) 108.00 Nil
junction of Mayo and Esplanade Roads.

48 Chowki in Tabut Galli, Marine Lines 9561 A 3596 247.95 Nil

49 Chowki at the entrance to the Admiral’s 9666 A 3586 (2) 63.00 Nil
Bungalow, Marine Line.

50 Chowki near Chruchgate Railway Station, 8426 A 3668 (2) 84.96 Nil
Queen’s Road.

51 Chowki to the rear of the premises known as 8426 A 3668 (4) 39.96 Nil
Major Menis Bungalows, Queens Road.

52 Chowki at the junction of Pultan and 8472 A 3454 (2) 63.00 Nil
Cruickshank Road.

53 Chowki at the junction of Pultan and 1 A 3219 (1) 108.00 Nil

Hornby Roads, Dhobi Ghat. 8478
54 Chowki at the junction of Frere and Carnac 3186 B 4373 (3) 60.03 Nil
Roads.

55 Chowki at the junction of Frere Road and 3186 B 4355 (3) 166.32 Nil
Ahmedabad Street.

56 Chowki near the Native Infantry Line, 8475 A 3720 (2) 108.00 Nil
Carnac Road.

57 Chowki at the junction of Chinch Bandar 3184 B 4117 60.03 Nil

Road and Elphinstone Overbridge.

58 Chowki at the junction of Frere and Malet 3186 B 4487 60.03 Nil
Bandar Roads.

59 Chowki at the junction of Frere, Raichur 3136 B 4471 (1) 60.03 Nil
and Elphinstone Bridge Roads.

60 Chowki at the junction of Frere Road and 3186 B 4377 (2) 63.03 Nil
Thana Street.

61 Chowki at the junction of Queen’s Road 8099 C2322 (6) 63.00 Nil
and 1st Marine Street, South of the Marine
Lines Railway Station.

62 Chowki at the junction of 2nd Pathan Street 5136 C 7889 46.98 Nil
and Durgadevi Road, South of North book
Gardens.

63 Chowki near French Bridge, Mathew Road 7352 D 1686 (2) 45.54 Nil

64 Chowki at Chowpaty Crossing, Queen’s -------- D 2447 (3) 45.45 Nil

Road. 7298

65 Chowki near Chowpaty well, Queen’s Road 8005 D 2442 (3) 45.54 Nil

66 Chowki at the Upper Gate of Government 7262 D 2538 (2) 45.54 Nil
House, Walkeshwar Road.
 H-4094 ( 449 -- 456) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 457

Consecutive Name and situation of the City Municipal Approximate Approxi-

number lands and buildings survey Ward area in mate area in
number number square square
feet of land feet of
covered open
with grounds
buildings

67 Chowki near the Ladies Gyamkhana, 7295 D 3365 (2) 45.54 Nil
Ridge Road.
68 Chowki at the junction of Nepean Sea 7215 D 3316 139.97 Nil
and Nepean Roads.
69 Chowki at Nana-ka-Chowka, Gawalia Tank 7343 D 2872 (4) 45.54 Nil
Road.
70 Chowki near Davar Hall, Warden Road 1 and 2 D 3327 (3) 45.54 Nil

7139
71 Chowki opposite Messers Kemps and 7128 D 3402 (3) 45.54 Nil
Company’s premises, Pedder Road.
72 Chowki midway between Mahalaxmi 8037 D 3465 (5) 45.54 Nil
Chowki and the Chowki opposite Messers.
Kemps and Company’s premises, Peddar Road.
73 Chowki at the junction of Tardeo Road and 7064 D 3427 (2) 45.54 Nil
and Forjet Street.
74 Chowki at the junction of Chikalwadi and 6044 D 3706 (2) 45.54 Nil
Sleater Road.
75 Chowki at the junction of Belasis and 1/3396 D 3882 (2) 169.29 Nil
Arthur Road, Tardeo.
76 Chowki near the main night-soil drain, 3398 D 3901 (2) 45.54 Nil
Arthur Road.
77 Chowki near the Byramji Dispensary, 3386 D 3823 (2) 45.54 Nil
Tardeo Road.
78 Chowki near the Cowasji Patel Tank, 623 C 5697 (2) 46.98 Nil
Girgaum Raod.
79 Chowki at the junction of Grant Road and Nil D 2868 (2) 45.54 Nil
Trimbak Parsharam Street.
80 Chowki at the junction of Grant Road and 6967 E 2305 (2) 45.54 Nil
Ballaram Street.
81 Chowki at the junction of Grant Road and 6992 E 2694 (2) 45.54 Nil
Gilder Street.
82 Chowki at the junction of Girgaum Back 7697 D 1640 (2) 45.54 Nil
Road at Charni Road.
83 Chowki at the junction of Gun powder 3772 E 6413 (2) 61.38 Nil
and Matharpacady Road.
84 Chowki at the junction of Ghorupdeo 3712 E 7722 (2) 61.38 Nil
Mount and Tank Bunder Road.
85 Chowki near Hancock Bridge, Wadi Bunder 3604 E 4791 (2) 61.38 Nil
Road.
86 Chowki near the Municipal Water Tanks at the 3298 E 5062 (2) 61.38 Nil
junction of De Lima Street and Wadi Bunder
Road.
87 Chowki opposite the P. and O. Docks, 8452 A 3506 (2) 45.54 Nil
Dockyard Road, off the Main Road, Mazgaon.

H 4094—62a
 H-4094 ( 449 -- 456) L-1
458 Mumbai Municipal Corporation Act [1888 : Bom. III

Consecutive Name and situation of the City Municipal Approximate Approxi-

number lands and buildings survey Ward area in mate area in
number number square square
feet of land feet of
covered open
with grounds
buildings

88 Chowki at the junction of Connought 3643 E 8111 (2) 61.38 Nil

and Ghorupdeo Roads.
89 Chowki at the junction of Kalachowki 3627 (1) E 8181 170.01 Nil
Ghorupdeo and Sewree Roads.
90 Chowki at the junction of Chinchpokli 3624 E 8261 (2) 61.38 Nil
and Albert Roads.
91 Chowki in the compound of the Jamshedji 3621 E 4574 (2) 45.54 Nil
Jeejeebhoy Hospital.
92 Chowki at Two Tanks at the junctions of 4121 E 22 64.26 Nil
Duncan and Grant Road.
93 Chowki at the junction of Bellasis Road 3524 E 3406 (2) 61.83 Nil
and Gilder Street.
94 Chowki near Messers Anderson’s 6906 E 3112 (2) 60.48 Nil
stables Bellasis Road.
95 Chowki near the Parsee Statue, Bellasis 5486 E 589 (3) 61.29 Nil
Road.
96 Chowki at the junction of Haines and 3461 E 7042 (2) 60.03 Nil
De’Lisle Roads.
97 Chowki at the junction of De’Lisle and 3417 E 7397 (2) 61.20 Nil
Clarks Roads.
98 Chowki at the junction of Haines, Clare Nil E 4272 169.93 Nil
and Sankli Roads.
99 Chowki at the junction of Sankli and 3540 E 4023 (2) 46.62 Nil
Rore Ripan.
100 Chowki at the junction of Ripon and 3483 4545 (2) 46.62 Nil
Moreland Roads.
101 Chowki at the junction of Moreland and 3526 E 4109 (2) 159.93 Nil
Byculla Club Roads.
102 Chowki at the junction of the Five Roads 3505 E 4093 (3) 46.62 Nil
in the Agripada Estate belonging to the
Bombay Improvement Trust.
103 Chowki at the junction of Sion, Dharavi Nil F 6404 (2) 159.93 Nil
and Sion Fort Roads.
104 Chowki near the Hindu Temple Matunga- 2/927 F 7799 (1) 159.93 Nil
Agar Road.
105 Chowki at the junction of Wadala and 18/1101 F 4559 159.93 Nil
Antop Hill Roads.
106 Chowki near Sewree Village, Sewree Road 2269 F 2461 (2) 159.93 Nil
107 Chowki at the junction of Naigaum and 1190 F 6481 (2) 159.93 Nil
Naigaum Cross Roads.
108 Chowki opposite the Fire Bridge Station 1/2089 F 829 (3) 159.93 Nil
at the junction of Naigaum Cross and
Vincent Roads.
109 Chowki near the G.I.P. Railway Level 4/1263 F 6435 (3) 159.93 Nil
Crossing at the junction of Dadar and
Naigaum Cross Roads.
 H-4094 ( 449 -- 456) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 459

Consecutive Name and situation of the City Municipal Approximate Approxi-

number lands and buildings survey Ward area in mate area in
number number square square
feet of land feet of
covered open
with grounds
buildings

110 Chowki near Matunga Station on the G.I.P. 2036 F 667 (2) 159.93 Nil
Railway.

111 Chowki at the junction of Suparibaug and 1968 F 388 (2) 159.93 Nil
Elphinstone Roads.

112 Chowki at north of Parel Tank Road, Parel 37/2488 F 2759 (3) 159.93 Nil

113 Chowki at the junction of Parel Tank and 5/2488 F 2732 (2) 159.93 Nil
Golanjee Hill Roads.

114 Chowki at Jackeria Bunder, Sewree Road. 3725 F 2761 (2) 45.56 Nil

115 Chowki at the junction of Kalachowki 2599 F 36 (2) 159.93 Nil

and Parel Roads.

116 Chowki at the junction of Parel and 1 and 2/2539 F 112 (1) 159.93 Nil
Suparibaug Roads.

117 Chowki at the junction of Suparibaug 2566 F 124 (6) 159.93 Nil
and Curry Roads.

118 Chowki opposite the G.I.P. Railway 2582 F 564 (2) 45.56 Nil
Workshops Suparibaug Road.

119 Chowki at the junction of Custom and 54 G 5149 (2) 184.95 Nil
Lady Jamsetji Roads.

120 Chowki near Mahim Bazar Cross Road, 137 G 5695 (2) 45.56 Nil
Lady Jamsetji Road.

121 Chowki near the Gopi Tank, Lady 2 G 4063 (2) 45.56 Nil
Jamsetji Road. 1394

122 Chowki near Shivba’s Door Post, Hasali, Nil G 4221 45.56 Nil
Lady Jamsetji Road.

123 Chowki near the path leading to Manmalla 130 G 5721 (2) 45.56 Nil
Tank, Lady Jamsetji Road.

124 Chowki at the junction of Lady Jamsetji 1446 G 4307 (2) 137.97 Nil
Dadar and Portugese Church Streets.

125 Chowki in Dharavi Road 5 G 6149 (2) 137.97 Nil

296

126 Chowki near the Sion Railway Station 3 G 7607 (2) 49.95 Nil
Dharavi Road. 423

127 Chowki at the Cross Post, Mahim Bazar 1506 G 4842 (2) 45.56 Nil
Road.

128 Chowki at the junction of De’Lisle and 3 G 2223 (2) 45.56 Nil
Arthur Roads. 2718

129 Chowki at the junction of De’Lisle and 3 G 1025 (2) 46.66 Nil
Ferguson Road. 3205

130 Chowki at the junction of De’Lisle and 5 F 2340 (2) 137.97 Nil
Carrol Roads. 2236

131 Chowki near the B. B. and C. I. Railway 1 G 2495 (2) 45.56 Nil
Crossing Elphiston Road. ---
 H-4094 ( 449 -- 456) L-1
460 Mumbai Municipal Corporation Act [1888 : Bom. III

Consecutive Name and situation of the City Municipal Approximate Approxi-

number lands and buildings survey Ward area in mate area in
number number square square
feet of land feet of
covered open
with grounds
buildings

132 Chowki Saitan Gate, Kumbharwada, Dadar 1834 G 3388 (2) 45.66 Nil
133 Chowki at the junction of Cleveland and 3025 G 2538 171.00 Nil
Worli Roads.
134 Chowki in Pakadi Road, Worli 3 G 1383 (2) 45.56 Nil
3205
135 Chowki at the junction of Hornby Vellard and 3346 G 6 (3) 45.56 Nil
Worli Roads.
136 Chowki at the junction of Haines and 18 G 184 (2) 45.56 Nil
Farguson Roads. 3299
137 Chowki near the B. B. and C. I. Railway 2725 G 1000 (2) 138.96 Nil
Crossing, Haines Road.
138 Chowki in Jamnagar Street, Modi Bunder. 8484 A 2004 (7) 147.96 Nil
139 Chowki at the junction of Falkland and 6934 E 155 474.48 Nil
Foras Roads.
140 A plot of land near the present Water Police 8480 A 2730 and Nil 29,665
Station, situated between Karwar and Goa A 2744 (5)
Streets.
141 A plot of land near Prince’s Docks situated 3186 B 4468, Nil 27,200]
between Raichur Street and Elphinstone B 4469 and
Bridge Road. B 4470.
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 461

Cadastral [SCHEDULE W
1
Area Value
Plot Ward Survey (See section 91–A)
Description Cadas- Total Amount Total
No. No. No. tral area amount
DESCRIPTION OF THE PROPERTY HELD BY THE IMPROVEMENT
SurveyTRUST AND
TRANSFERRED TO THE CORPORATION
Sq. yds. Sq. yds. Rs. Rs.
Cadastral Area Value
Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
THE FLATS
(Deposited Plan “A”)

1 (a) E 66 (part), 69 Bounded on the North partly by 75, 194 .. .. ..

(part), Lower Plot No. 1 1 (k) of the Flats, partly
Parel Division by the land belonging to the B.B.
and C. I. Railway Company
bearing Cadastral Survey No. 43
and on the south by Haines
Road, on the East by private
properties bearing Cadastral
Survey Nos. 66, 65, 67 and on the
West partly by land belonging to the
Corporation, partly by plot No. 1 (k)
of the Flats and partly by land
belonging B. B. and C. I. to the
Railway Company bearing
Cadastral Survey No. 43.

(Deposited Plan “ B ” )
1(b) .. 383 Part Bounded on the North by the land 347,950
Part 2/383 belonging to the Corporation
1(d1) of Tardeo bearing Cadastral Survey No. 410
Part Division (part) and partly by Clarke Road ;
1(d2) on the South by private properties
1(d3) bearing Cadastral Survey Nos.
1/407, 372, 373, 374, 375, 369,
7/366, 8/366, 384, 383 (part), and 4/
288 ; on the East by the land bearing
Cadastral Survey No. 1/388 and on the
West by private properties bearing
Cadastral Survey No. 409, 408, 1/408,
407 land belonging to the Corporation
and by Cadastral Survey Nos. 403,
401, 400, 399, 398 375, 372, 382, 369,
368, 383 (part) excluding the 100 ft.
and 40 ft. roads and the Body Guard
Lines.

(Deposited Plan “C”)

1(c) .. 412 (part) Bounded on the North by Clarke 19,815 .. .. ..
Tardeo Road on the South by the
Division. properties bearing Cadastral
Survey Nos. 413 and 56 ; on the
East by properties bearing
Cadastral Survey Nos. 414 and
56, and on the West by the
Municipal private road bearing
Cadastral Survey No. 390, beyond
which is the land belonging to the
Corpotation bearing Cadastral
Survey No. 411 excluding the
Municipal road for rubbish cart.
1
This Schedule was inserted by Bom. 13 of 1933, s. 37.
 H-4094 ( 457-- 476) L-1
462 Mumbai Municipal Corporation Act [1888 : Bom. III

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
(THE FLATS–contd.)

(Deposited Plan“D ”)
1(e) .. 1/1030, Bounded on the North by the newly 6,133 .. 7,666 ..
2/1030, constructed 100 feet Worli Road,
Lower Parel on the South and West by land
Division. belonging to the Corporation
bearing Cadastral Survey No. 286
and on the East by the private
property bearing Cadastral
Survey No. 1031.

(Deposited Plan “ E ”)
1(f) .. 1/268 and Bounded on the North by passage 25,265 .. 18,949 ..
268, bearing Cadastral Survey No.
Lower Parel 2/472 and by private properties
Division. bearing Cadastral Survey Nos. 437,
438; on the South by the land belonging
to (the Corporation bearing Cadastral
Survey Nos. 1/269, 2/269, and 269, and
by private property bearing Cadastral
Survey No. 1/265, on the East by private
property bearing Cadastral Survey
Nos. 270, 267, 1/265, 439, 438, 437,
436, 433, 1/472 and 2/472 and on the
West by the Worli Low Level Drainage
Channel bearing Cadastral Survey
No. 286.

(Deposited Plan “F ”)
1(g) .. 71(part), Bounded on the North by the land 4,287 .. 2,679 ..
144 (part), belonging to the Corporation
Lower Parel bearing Cadastral Survey No. 284
Division. on the South by Plot l(i) (East)
and private property bearing
Cadastral Survey No. 143, on the
East partly by the land belonging
to the Corporation bearing
Cadastral Survay No. 2/71 and
partly by private properties
bearing Cadastral Sarvey Nos. 144
(part) and 1/145 and on the West
by Plot No. 1 (i) (East) of the Flats.

1(h) .. 3/71, 71 Bounded on the North by private 4,104 .. 13,338 ..

(part), proporties bearing Cadastral
Lower Parel Survey Nos. 106 and 107, on the
Division. South by the land belonging to the
Corporation bearing Cadastral
Survey No. 71 (part) on the East
by the Tulsi Pipe Line Road
bearing Cadastral Survey No. 70
and on the West by the land
belonging to the Corporation
bearing Cadastral Survey No. 71
(part).
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 463

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
(THE FLATS— contd.)
(Deposited Plan “ F ” —contd.)
(Eastern portion)
1(i) .. 71 (part), Bounded on the North partly by 42,062 .. 42,062 ..
East Lower Parel the land belonging to the
Division. Corporation bearing Cadastral
Survey No. 284 (part) partly by
Plot 1 (g) of the Flats and partly
by private properties bearing
Cadastral Survey Nos. 143, 142
and 140 ; on the South by the land
belonging to the Corporation
bearing Cadastral Survey No. 71
(part), on the East partly by
private properties bearing
Cadastral Survey Nos. 107, 140,
142, 143 and partly by Plot 1 (g) of
the Flats and on the West by the
Low Level Drainage Channel.

(Western portion)
1(f) 110 (part) Bounded on the North by private .. .. .. ..
West Lower Parel property bearing Cadastral
Division. Survey No. 134 and partly by
private properties bearing
Cadastral Survey Nos. 137, 136,
139 and partly by the Low Level
Drainage channel ; on the South
partly by the land belonging to the
Corporation bearing Cadastral
Survey No. 1/110, partly by the
Low Level Drainage Chnanel and
partly by private properties
bearing Cadastral Survey Nos.
137, 136, 139, and 134 ; on the East
by the Low Level Drainage
Channel and on the West partly
by land belonging to the Corporation
bearing Cadastral Survey No. 1/110
and partly by private properties
bearing Cadastral Survey Nos. 137, 139,
136 and 134.

(Deposited Plan “ G ”.)

1(j) .. 46 (part), Bounded on the North by the 718,948 .. .. ..
Lower Parel Municipal Storm Water Reservoir,
Division. on the South partly by Clerk Road and
partly by land belonging to
the Corporation bearing Cadastral
Survey No. 45 ; on the East partly by
land belonging to the Corporation
bearing Cadastral Survey No. 45,
partly by land acquired by Government
for the B. B. & C. I. Railway Company
bearing Cadastral Survey No. 46,
partly by the Junction Road and partly
by the Low Level Drainage Channel
beyond which is Haines Road and on
the West by the Municipal old drain.
 H-4094 ( 457-- 476) L-1
464 Mumbai Municipal Corporation Act [1888 : Bom. III

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.

THE FLATS—contd.
(Deposited Plan “A ”)
1(k) .. 69(part), B o u nd e d o n th e No rt h by l an d 9,076 .. 29,497 ..
Lower Parel belonging to the B. B. & C. I.
Division. Railway Company bearing
Cadastral Survey No. 43 ; on the
South and East by Plot No. 1(a) of
the Flats and on the West by land
belonging to the Corporation.

Total . . . . 12,52,834 .. 1,14,191

THE KENNEDY SEA FACE

(Deposited Plan “ H ”)
.. 7, Fort Bounded on the North, South and 4,447 .. .. ..
Division. West by the Foreshore of Backbay-and
on the East by a public footpath

Total .. .. 4,447 .. ..

THE MARINE LINES ESTATE

(Deposited Plan “ J ” )
4(a) .. 718 to 725 Bounded on the North by the 32,825 .. 3,28,250 ..
1416 to 1421, South side of the compound of
1429 to 1433 Government Bungalow bearing
and 1435, Cadastral Survey No. 1436 ; on
Fort Division. the East partly by the West Boundary
of Government plot reserved for
Military purposes by Government
Resolution No. 2-C.W.4, dated 3rd
January 1881, and partly by the West
Boundary- of Plot (b4) (Marine Lines
Maidan) ; on the South by a portion of
the North boundary of Plot No. 4(b)
(Marine Lines Maidan) and on the
West by the Marine Lines Road
(Marine Street) but excluding the two
Roads giving access to the Maidan from
the Marine Lines Road.

THE WELLINGTON LINES PLOT

(Deposited Plan “K”)
5 .. 14, 1/14, 15, Bounded on the North by Mayo 44,038 .. 4,40,380 ..
and 16, 18 to Road; on the South-East by Wode-
29, house Road ; on the East by
Fort Division. Esplanade Road and on the West by
the Cooperage Road, but excluding the
site occupied by the Admiral’s
Bangalow.
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 465

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.

THE WODEHOUSE ROAD PLOT

(Deposited Plan “ I ” )
6(a) .. 440 to 444, Bounded on the North-west by 9,494 .. .. ..
Colaba Wodehouse Road; on the South-
Division. East by Colaba Causeway and on the
South and South-west by Convent
Street.
6(b) .. 433 (part), Bounded on the North-west by 13,355 .. .. ..
436 to 439 Wodehouse Road; on the North
1/439, and North-East by Convent Street
446 and on the South-East by Colaba
1/446, Causeway and on the South-West
Colaba by Ormiston Street but excluding
Division. the sites occupied by—
(1) The Elphistone College Students’
Quarters bearing Cadastral Survey
No. 445 (Part).
(2) The Telang Memorial Quarters
bearing Cadastral Survey No. 445
(Part).
(3) The Weslevan Church and School
under a lease dated 4th March 1925
bearing Cadastral Survey No. 433
(Part).
(4) The Wodehouse Road Police
Accommodation Building bearing
Cadastral Survey No. 435, and
(5) The Temple bearing Cadastral
Survey No. 434.
6(c) .. 425 to 429, Bounded on the North-west by 18,731 .. .. ..
Colaba Wodehouse Road on the North-
Division. East by Ormiston Street; on the South-
East partly by the property of the
Corporation bearing Cadastral Survey
No. 431 and partly by the property of
the Bombay Electrical Supply and
Tramways Company Limited bearing
Cadastral Survey No. 430 and on the
South by the B.B. & C. I. Railway land
bearing Cadastral Survey No. 2 and
the G.I.P. and B. B. & C. I. Railway
sidings bearing Cadastral Survey No.
322.
Total—Wodehouse Road Plot .. 41,580 .. 4,15,800
 H-4094 ( 457-- 476) L-1
466 Mumbai Municipal Corporation Act [1888 : Bom. III

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
THE HORNBY ROAD PLOT
(Deposited Plan “M”.)
7(a) .. 699, Bounded on the North-East, South- 116 .. .. ..
Fort Divison. East and South-West by property in
the occupation of the Standard Life
Assurance Company, bearing
Cadastral Survey No. 698 and on the
North-West by Bastion Road.
7(b) .. 700 and 701, Bounded on the North-East by 1,339 .. .. ..
Fort Division. premises known as the J. N. Petit’s
Institute bearing Cadastral Survey No.
102 on the South-East by Hornby Road
on the South-West by the property in
the occupation of the Standard Life
Assurance Company bearing
Cadastral Survey No. 698 and on the
North-West by Bastion Road.
7(c) .. 740, 741, Bounded on the North-East by the 1,878 .. .. ..
Fort Division. Parsi Lying in Hospital, bearing
Cadastral Survey No. 742 ; on the
South-East by Bastion Road ; on the
South-West by Cathedral Girls’ School,
bearing Cadastral Survey No. 739 and
on the ‘ North-West by Presscott Road.
7(d) .. 744, 745, Bounded on the North- East by 2,648 .. .. ..
Fort Division. Outram Road; on the South-East by
Hornby Road; on the South-West by
property in occupation of Messrs.
Whiteway Laidlaw and Company
Limited bearing Cadastral Survey No.
743 and on the North-West by Bastion
Road.
7(e) .. 746 to 749, Bounded on the North-East by 26,124 .. .. ..
752, 753, Ravelin Street; on the South-East
757 to 760, by Hornby Road; on the South-
1397 to 1399, West by Outram Road and on the
1407 to 1410, North-West by Murzban Road, but
Fort Division. excluding the sites of the Cathedral
High School for Boys [Cadastral Survey
No. 75(1), the Government Stores,
Cadastral Survey No. 756] and
Bastion Road (part of) and Home
Street (part of) and Wallace Street.
7(f) .. 1406, Bounded on the North- East by the 2,971 .. .. ..
Fort Division. site of the Scotish Free Church
(Cadastral survey No. 1405); on the
South-East by Murzban Road; on the
South-West by Ravelin Street and on
the North-West by Waudby Road.
7(g) .. 1402 and Bounded on the North-West by 762 .. .. ..
1404, Murzban Road; on the South-
Fort Division. West by the site of the Elphinstone
Cricket Club, Quarters (Cadastral
Survey No. 1401) and the Masonic Hill
(Cadastral Survey No. 1403) and on
the South by Ravelin Street.
7(h) .. 1389 and Bounded on the North-West by 3,257 .. .. ..
1390, Murzban Road; on the South-East
Fort Division. by Hornby Road; on the South-West by
private property bearing Cadastral
Survey No. 1391 and on the West by
Bastion Road and property bearing
Cadastral Survey No. 1523.
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 467

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
THE HORNBY ROAD PLOT—contd.
(Deposited Plan “ M ”)—contd.
7(i) .. 1385, Bounded on the North-East by 2,521 .. .. ..
Fort Division. Cruickshank Road; on the East by
Hornby Road; on the South-East by
Murzban Road; on the South-West by
private property bearing Cadastral
Survey No. 1386 and on North-West
by Waudby Road.
Total—The Hornby Road Plot . . .. 41,616 .. 8,32,320

TRIANGULAR PLOT SOUTH OF

CRAWFORD MARKET
(Deposited Plan “N”.)
8 .. 1492, Bounded on the North by Marked Road; 7,707 .. 1,54,140 ..
Fort Division. on the West by Hornby Road; and on
the South-East by Phalton Road.
Total .. .. 7,707 .. 1,54,140

PLOT NORTH OF MUNICIPAL OFFICES

(Deposited Plan “O”.)
9 .. 1451, Bounded on the North by Gymnasium 6,811 .. 2,04,330 ..
Fort Division. Road; on the South by Council Road;
on the East by Hornby Road; and on
the West by the Headquarters of the
Bombay Volunteer Rifles (Cadastral
Survey No. 1450).
Total .. .. 6,811 .. 2,04,330

THE CHOWPATI WEST ESTATE

(Deposited Plan “P”.)
10(a) .. 380, 1/380, (a) and (b) Bounded on the North .. .. .. ..
and 2/380, 2A/380, partly by a public passage leading
10 (b). 3/380, 3A/380, to Gibbs’ Road and partly by land
4/380, 4A/380, belonging to the Corporation
5/380, 6/380, bearing Cadastral Survey No. 437;
6A/380, 7/380, on the South partly by the Sirri
8/380, 8A/380, Road, partly by the Old Body
9/380, 10/380, Guard Lines (Cadastral Survey
11/380, 12/380, No. 392) and partly by private
13/380, 393, properties bearing Cadastral Survey
394, 395, 1/395, No. 376 and 382 ; on the East partly
1A/395, 2/395, by Babulnath Road and partly by the
3/395, 4/395 Old Body Guard Lines (Cadastral
and 430, Survey No. 392); and on the West by
Malabar Hill an irregular line extending from where
Division. where the public passage leading to
Gibbs Road meets the Gibbs’ Road to
the Sirri Road beyond which are
situate properties bearing Cadastral
Survey Nos. 437, 381, 374 and 375 but
excluding the newly constructed 20 feet
and 40 feet roads Dadyseth Road and
the Municipal market which all the
indicated on the plan by red dotted
lines.
(a) Land forming the Hill Slope. 47,544 .. .. ..
(b) Building land 35,653 .. .. ..
10(c) .. 398 to 404, Bounded on the North by 21,615 .. 2,16,150 ..
426 to 429, Babulnath 1st Cross Road ; on the
Malabar Hill South by Qudeen’s Road, Chow-
Division. pati ; on the West by Babulnath Road
and on the East by Harvey Road, but
excluding Babulnath 2nd and 3rd
Cross Roads.
 H-4094 ( 457-- 476) L-1
468 Mumbai Municipal Corporation Act [1888 : Bom. III

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
THE CHOWPATI WEST ESTATE
(Deposited Plan “P”.)
10(d) .. 424 (part), Bounded on the North and West by 223 .. 2,320 ..
Malabar Hill Babulnath Road ; on the South by
Division. Babulnath 1st Cross Road; and on the
East by private property bearing
Cadastral Survey No. 424 (part).
10(e) .. 407 (part), Bounded on the North partly by a 6,232 .. 62,330 ..
417 to 420 15 feet service passage bearing
Malabar Hill Cadastral Survey No. 413 and
Division partly by Babulnath Road ; on
the South partly by Chowpati Road
and partly by private property bearing
Cadastral Survey No. 407 ; on the East
by private properties bearing Cadastral
Survey No. 407 and 409 and on the
West by Babulnath Road.
Total—The Chowpati West Estate .. 111,276 .. 6,37,320
CHOWPATI EAST ESTATE
(Near Charni Road level Crossings)
(Deposited Plan “ Q ”.)
11 .. 1510, 1/1510, Bounded on the North by a low 4,789 .. 47,890 ..
1512, 1513, level Road and beyond by French
1571 Bridge; on the North-West by a
Girgaum passage and beyond by private
Division. property bearing Cadastral Survey No.
1514 ; on the East and South-East by
the B.B and C. I. Railway Company’s
land; on the West by private properties
bearing Cadastral Survey Nos. 1570,
4/1517, 1517, 1516, 1515 and 1514 ;
and on the South-West by Queen’s Road
Chowpati.
Total .. .. 4,789 .. 47,890
THE PAREL ESTATE
(Deposited Plan “ R “)
1
[12(A) .. 74(Part of), Bounded on the North by Hospital 30,897,80] .. .. ..
Parel-Sewri Avenue Road ; on the East by the
Division. Haffkine Institute bearing
Cadastral Survey No. 330 ; and on the
South and West by the Nawaroji
Wadia Maternity Hospital.
12(B) .. 74(part) Bounded on the North-East by King 300 .. .. ..
Parel- Edward Road ; on the West and
Sewri South-West by land belonging to
Division. the Corporation bearing Cadastral
Survey No. 74 (part of).
12(C1) .. 74(part), Bounded on the North- East by 5,560 .. .. ..
Parel- Haffkine Institute Compound bearing
Sewri Cadastral Survey No. 330; on the East
Division. by the Municipal property bearing
Cadastral Survey No. 74 (part) ; on the
South partly by a passage bearing
Cadastral Survey No. 324 and partly
by the site of the Professors quarters
for the King Edward Memorial
Hospital, partly by the play-ground for
the King Edward Memorial Hospital,
partly by the Government House Gate
Road and partly by the King Edward
Memmorial Hospital Compound and
on the West partly by the site of the
1
Entry 12(A) was substituted by G.N. U. D. and P. H. D., No. P. M. C. 5659-20315-C, dated 30th December 1960.
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 469

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.

THE PAREL ESTATE—contd.

Professors quarters for the King
Edward Memorial Hospital and partly
by a portion of King Edward Road.
12(C2) .. 323 Parel- Bounded on the North by the site 373 .. .. ..
Sewri of the Professors’ quarters for the
Division. King Edward Memorial Hospital; on
the East by a passage bearing
Cadastral Survey No. 324; on the
South by a private property bearing
Cadastral Survey No. 322; and on the
North-West by the play-ground for the
King Edward Memorial Hospital.
12(D) .. 334 Parel- Bounded on the North by private 403 .. .. ..
Sewri property bearing Cadastral
Division. Survey No. 332; on the South by private
properties bearing Cadastral Survey
Nos. 335, 336 and 337; on the East by
a public passage and on the West
private properties bearing Cadastral
Survey Nos. 329, 336 and 335.
12(E) .. 394 Parel- Bounded on the North by a passage 151 .. .. ..
Sewri bearing Cadastral Survey No. 324;
Division. on the South by private property
bearing Cadastral Survey No. 395; on
the East by private property bearing
Cadastral Survey No. 400; and on the
West partly by a passage bearing
Cadastral Survey No. 324; and partly
by private property bearing Cadastral
Survey No. 395.
(Deposited Plan “S”)
12(F) .. 408 (part) Bounded on the North-East by the 5,131 .. .. ..
of Parel- Bacteriological Laboratory land
Sewri bearing Cadastral Survey No. 408
Division. (part of); on the South by private
property bearing Cadastral Survey No.
414; on the East by Parel Tank Road;
and on the West by private properties
bearing Cadastral Survay Nos. 404 to
413
12(G) .. 245 Parel- Bounded on the North partly by 2,130 .. .. ..
Sewri Parel Village Road and partly by
Division. private properties bearing Cadastral
Survey Nos. 264 and 241; on the South
by private property bearing Cadastral
Survey No. 244; on the East by private
properties bearing Cadastral Survey
Nos. 241, 242 and 244 and on ; the West
by private property bearing Cadastral
Survey No. 246.
(Deposited Plan “T”)
12(H) .. 681 Parel- Bounded on the North-West by a 1,144 .. .. ..
Sewri passage bearing Cadastral Survey
Division. No. 658; on the South by Parel Tank
Road; and on the North-East by private
properties bearing Cadastral Survey
Nos. 680, 677, 676 and 775.
Total—The Parel Estate .. . . 46,179,80 .. 1,40,088
 H-4094 ( 457-- 476) L-1
470 Mumbai Municipal Corporation Act [1888 : Bom. III

Cadastral
1
[SCHEDULE X Area Value
Plot Ward Survey (See Section 91 A)
Description Cadas- Total Amount Total
No. No. Cadastral
No. Area
tral area Valueamount
Plot Ward Survey Description Survey
Cadas- Total Amount Total
No. No. No. tral
Sq. yds. area
Sq. yds. Rs. amount
Rs.
Survey
Sq. yds. Sq. yds. Rs. Rs.
THE CONNAUGHT ROAD ESTATE
(Deposited Plan “A”)
(Ward E)
1(A) 7463 (1 to 4) 700 to 705 Plot bounded on the North by 9,495 9,495 51,155 51,155
7464 (1 and 2), property belonging to the New
7465 (1 to 3) Great Eastern Spining and
7466 (1 to 3) Weaving Company bearing
Nil 706 Cadastral Survey No. 707; on the
7462(5) 695, 696, South partly by Sussex Road, partly
7463 (4) 699, by a Police Accommodation
Nil Byculla Scheme bearing Cadastral Survey
Division. No. 697 and partly by private property
bearing Cadastral Survey No. 698 ; on
the East by Cork Road and on the west
partly by Parel Road and partly by the
aforesaid Police Accommodation
Scheme, but omitting of the Ulster
Road.
1(B) Nil 689 Plot bounded on the North by 4,267 .. 25,602 ..
7448(4) 690 to 693, Sussex Road ; on the South by
7446 (2 to 4) Byculla private properties bearing
Division. Cadastral Survey Nos. 682 to 687; on
the East by private property bearing
Cadastral Survey No. 688; and on the
West by private properties bearing
Cadastral Survey Nos. 678 and 679.
1(19) 7458 2/672, Bounded on the North and West
Byculla by a public passage; on the East by 96 4,363 480 26,082
Division. the property bearing Cadastral Survey
No. 672; and on the South by Sussex
Road.

Total .. .. 13,858 .. 77,237

WEST AGRIPADA ESTATE

{Deposited Plan “B”)
2(A) 4134 (1 to 5) 1602 to 1633 Bounded on the North partly by the 216,636 216,636 . . 649,908
4104 (1 to 7) 1634, 1/1634, site of an old water course bearing
4103 (1 to 6) 2/1634, 3/1634, Cadastral Survey No. 1903 and
4101 (1 to 5) 4/1634, 5/1634, partly by Gell Street, on the South
and (9 to 12) 1635 to 1659, by Club Road ; on the East partly by
4099 (1 to 15) 1/1659, 2/1659, Moreland Road and partly by
3/1659, 4/1659 portion of Police Accommodation
5/1659, 6/1659 Scheme No. 19 bearing Cadastral
1660, 1584, Survey No. 1907; and on the West
1862, 1/1862, by plot D and beyond that by
4107 (1 to 8) 1A/1862, 1B/ Lamington Road but excluding the
4105 (1 to 7) 1862, 1863, site of the portion of Police
4106 (1 to 7) 1/1863, 1864, Accommodation Scheme No. 19
4108 (1 to 7) 1865, 1/1865, bearing Cadastral Survey No.
4146 (1 to 6) 2/1865, 2A/ 1901 and the sites of Rebach Street,
4100, 4102, 1865, 3/1865, Souter Street, Club Back Road,
4094 (1 to 6) 4/1865, 5/1865, Club Cross Road, Circus Avenue,
4539 (1 and 6/1865, 7/1865, Motibai Street, Reynolds Road,
2) 4550 (1) 1866 to 1871, Wylie Road, Agripada Chawl Street
4553 1/1871, 2/1871, and Gell Street, (part of)
3/1871, 3A/1871,
4/181, 5/1871,
5A/1871, 6/1871,
7/1871, 8/1871
4554 (1), 1872 to 1875,
4098 (3), 1/1876, 2/1876,
1
This Schedule was inserted by Bom. 13 of 1933, s. 37.
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 471

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
Sq. yds. Sq. yds. Rs. Rs.

4091 (1 to 6) 3/1876, 4/1876,

5/1876, 6/1876,
7/1876, 8/1876,
9/1876, 10/1876,
4090 (1 to 7) 1877 (Part)
and (10A) 1878, 1/1878,
2/1878, 1878,
1880.
4137 (1 to 5) 1/1880, 2/1880,
4143 (1), 1881, 1882,
4136 (1 to 4) 1883, 1902,
4135, 4145 1/1902, 1908,
4134 (6 to 8), 1909, 1911,
4092 (1 to 12), 1912, Byculla
4141 (1 & 2) Division.
4142 (1 & 2),
4139 (1 to 3),
4138, 4093
(IE) & 4093
(1A & 1B)
4093 (1AA),
4090 (8),
4094 (4, 4A).
2(B) 4184, 4185 1599, Bounded on the North by private 2,766 .. 8,298 ..
(6 to 8) 1/1599, property bearing Cadastral Survey
1600, No. 1884; on the South by property
1/1600, of the B.B. and C.I. Railway
2/1600, Company bearing Cadastral
1601, Survey No. 1596 ; on the East by
Byculla Lamington Road and on the West
Division. by a passage but excluding the site of
Jetha street.
2(C) 4466(2) 1896 (part), Bounded on the North by the land 3,953 .. 8,578 ..
1897, 1899, belonging to the Indian
Byculla Manufacturing Company Limited,
Division. bear ing Cadastral Survey No. 1896
(part); on the South by private
property bearing Cadastral Survey
No. 1900; on the East by Plot D and
beyond that by Lamington Road and
on the West partly by Arthur Road and
partly by private Road bearing
Cadastral Survey No. 1/ 1888 but
excluding the site of the Police
Accommodation Scheme No. 70.
2(D) .. Nil Land reserved for widening of 5,366 5,366 ..
Lamington Road on its East and West
sides.
Total . . .. 2,28,721 .. 6,66,784

Deduct area resumed by the .. 750 .. 2,250

Corporation on 20th June 1906 out of
Cadastral Survey No. 1877.
Total—West Agripada Estate .. .. 2,27,971 .. 6,64,534

THE CENTRAL AGRIPADA ESTATE

(Deposited Plan “C”)
Ward E
3(A) Nil 2/1964 Bounded on the North by private 190 .. 760 ..
Byculla property bearing Cadastral
Division. Survey No. 1853 ; on the South by
the Municipal Urdu School bearing
Cadastral Survey No. 1661; on the
East by the land resumed by the
Corporation bearing Cadastral
Survey No.l/ 1694 ; and on the West
by Moreland Road.
 H-4094 ( 457-- 476) L-1
472 Mumbai Municipal Corporation Act [1888 : Bom. III

Cadastral Area Value

Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. tral area amount
Survey
THE CENTRAL AGRIPADA ESTATE Sq. yds. Sq. yds. Rs. Rs.
(Deposited Plan “C”)
Ward E
3(B) 4067 (part) 1664 and Bounded on the North partly by
Nil parts of 1663, Sankli Street and partly by service 2,721 2,911 9,768 10,528
1689, 1691 passage bearing Cadestral
and 1962, Survey No. 1663 ; on the South
Byculla partly by private property bearing
Division. Cadastral Survey No. 1665 and
partly by Ghella -bhoy First Lane; on
the East by private properties bearing
Cadastral Survey Nos. 1689 (part),
1690, 1691 and 1992 (part ) ; and on
the West partly by Moreland Road
and partly by private properties
bearing Cadastral Survey Nos. 1665
and 1693.
Total—Central Agripada Estate .. .. 2,911 .. 10,528

THE EAST AGRIPADA ESTATE

(Deposited Plan “ D ”)
Ward E
4(A) 7416 (1 to 6) 1943 Plot bounded on the North by the 35,478 .. .. 4,27,509
7413 1961 to Board’s Mahar Chawls bearing
(1 and 2) 1965 Cadastral Survey No. 1928 ; on the
7414 Byculla West and South-West by Kiledar
(1 and 2) Division. Street ; and on the East by Pais
7411 Street.
(1 and 2)
7415
(1 and 3)
7412
(1 and 2)
4(B) Nil 1840 (part) Plot bounded on the North partly 23,268 .. .. 1,16,433
4373 1842, by land of the Board bearing
(1 and 2) Cadastral Survey No.1840 (part
4373 of ) and partly by private properties
4375 bearing Cadastral Survey Nos.
4354 1843 1827 to 1835 ; on the South by
(1 and 3) 1922 Tank Pakhady Street ; on the East
4353 Byculla partly by a service passage, partly
(1 and 2) Division. by private properties bearing
Cadastral Survey Nos. 1923, 1924,
1839 and 1827 and partly by the land
belonging to the Corporation
bearing Cadastral Survey No . 1840
(part of ) ; and on the West by Milk
Street.
4(C) 4563 1844, Plot bounded on the North by Tank 7,139 7,139 94,484 94,484
(1,2,2A, Byculla Pakhadi Street ; on the South by
2B and Division. the Plot No.6, belonging to the
2C). Corporation leased to Bai Hoorbai
and a minor and bearing Cadastral
Survey No. 1845 ; on the East by
Water Street; and on the West by
Plot No. 5, leased to the Municipality
and bearing Cadastral Survey No.
1840 (part of).
Total—East Agripada Estate . . .. 65,885 .. 6,38,426
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 473

CadastralShowing Lands of Matunga (Deposited Plan

Area“ E”) Value
Plot
Plot Ward
Ward Survey
Cadastral Description
Description AreaCadas- Total Total Amount ValueTotal
No. No. No. tral area amount
No. No. Survey Cadas-Survey area Amount Total
No. Survey amount
Sq. yds. Sq. yds. Rs. Rs.
Sq. yds. Sq. yds. Rs. Rs.
Matunga Division
1 6643 p. 31/10 part Lands at Matunga 1,006 .. 755 ..
6643 p. 20/10 part
2 6658 (1) p. 25/10 part Do. 36 .. 33 ..
3 6600 p. 16/10 part Do. 66 .. 812
6667 p. 34/10 part
4 6643 (1) p. 134/10 part Do. 7,984 .. 5,988 ..
6701 (1) p. 134/10 D part
6789 p.
6778 p.
6767 p.
5 6675 p. 50/10 part Do. 268 .. 201 ..
6680 p.
6 6675 p. 50/10 part Do. 1,226 .. 916 ..
6680 p.
7 6675 p. 50/10 part Do. 2,730 .. 2,047 ..
6680 p.
8 6826 p. 137/10 part Do. 104 .. 78 ..
9 6830 p. 138/10 part Do. 1,105 .. 829 ..
7199 p. 137/10 part
10 7174 p. 149/10 part Do. 5,240 .. 3,920 ..
7172 p. 144/10 part
7171 (1) p. 145/10 part
7234 p. 146/10 part
11 7235 (l)p. 99/10 part Do. 572 .. 429 ..
7235 (2) p. 100/10 part
7235 (3) p. 101/10 part
12 7242 p. 112/10 part Do. 2,349 .. 1,762 ..
7236 p. 113/10 part
7237 p. 114/10 part
7250 p. 116/10 part
7249 p. 117/10 part
13 7238 p. 111/10 part Do. 300 .. 225 ..
7239 p. 112/10 part
14 7239 p. 110/10 part Do. 239 .. 179 ..
7251 p. 111/10 part
7252 p. 118/10 part
7240 p. 119/10 part
15 7252 p. 119/10 part Do. 480 .. 360 ..
7254 p. 120/10 part
7255 p. 121/10 part
16 7188 p. 150/10 part Do. 4,196 .. 6,293 ..
7121 (4) p. 155/10 part
17 7124 (4) p. 161/10 part Do. 4,672 .. 7,008 ..
7123,7124p. 156/10 part
155/10 part
18 7124 p. 160/10 part Do. 2,720 .. 2,040 ..
7109 159/10 part
7111 p. 158/10 part
161/10 part
19 7116 p. to 813/10 part Do. 4,535 .. 3,401 ..
7120 p.
20 7113 p. 162/10 part Do. 565 .. 424 ..
21 6835 (4) p. 180/10 part Do. 92 .. 69 ..
 H-4094 ( 457-- 476) L-1
474 Mumbai Municipal Corporation Act [1888 : Bom. III

CadastralShowing Lands of Matunga (Deposited Plan

Area“ E”) Value
Plot
Plot Ward
Ward Survey
Cadastral Description
Description AreaCadas- Total Total Amount ValueTotal
No. No. No. tral area amount
No. No. Survey Cadas-Survey area Amount Total
No. Survey amount
Sq. yds. Sq. yds. Rs. Rs.
Sq. yds. Sq. yds. Rs. Rs.
Matunga Division—contd.

22 6835(6)p. 182/10 part Lands at Matunga 11,154 .. 16,731 ..

6835(5) p. 183/10 part
7053 p. 188/10 part
7032 p. 189/10 part
7049 p. 192/10 part
23 7061 p. 199/10 part Do. 409 .. 614 ..
24 7063 p. 169/10 part Do. 3,401 .. 5,101 ..
7061 (6) p. 170/10 part
7061 (5) p. 171/10 part
7067 p. 172/10 part
25 7064 p. 292/10 part Do. 170 .. 255 ..
10 part
26 7061 (1) p. 208/10 part Do. 2,196 . 4,875 ..
7061 (2) p. 207/10 part
7061 (3) p. 209/10 part
7062 (2) p. 210/10 part
7062 (1) p. 11/10 part
27 7373 p. 10/10 part Do. 617 .. 925 ..
7374 p. 5/10 part
28 7384 (4) p. 259/10 part Do. 344 .. 430 ..
29 7384 (4) p. 259/10 part Do. 1,708 .. 2,130 ..
7386(2) p. 260/10 part
7388(2) p. 261/10 part
30 7388 (2) p. 261/10 part Do. 90 .. 68 ..
31 7393 p. 262/10 part Do. 1,850 .. 1,387 ..
7397 p. 263/10 part
32 7397 p. 263/10 part Do. 455 .. 455 ..
33 7694 p. 372/10 part Do. 37 .. 46
34 7631 p. 379/10 part Do. 565 .. 177 ..
7633 p. 378/10 part
7634 p. 377/10 part
7635 p.
35 7924 p. 405/10 part Do. 940 .. 294 ..
7792 p. 13/10 part
7828 p. 396/10 part
816/10 part
36 7827 p. 393/10 part Do. 2,180 .. 681 ..
7826 p. 394/10 part
7825 p. 395/10 part
7796 p. 385/10 part
384/10 part
37 7825 p. 385/10 part Do. 92 .. 92 ..
38 7846 p. 389/10 part Do. 440 .. 165 ..
7847 p. 390/10 part
7848 p. 392/10 part
7831 p. 391/10 part
39 7798 p. 784/10 part Do. 485 .. 728 ..
7779 p. 483/10 part
40 6958 p. 756/10 part Do. 425 .. 319 ..
7416 p. 757/10 part
7417 p.
7222 p.
7423 p.
7424 p.
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 475

CadastralShowing Lands of Matunga (Deposited Plan

Area“ E”) Value
Plot
Plot Ward
Ward Survey
Cadastral Description
Description AreaCadas- Total Total Amount ValueTotal
No. No. No. tral area amount
No. No. Survey Cadas-Survey area Amount Total
No. Survey amount
Sq. yds. Sq. yds. Rs. Rs.
Sq. yds. Sq. yds. Rs. Rs.
Matunga Division—contd.

41 7410 p.. 755/10 part Lands at Matunga 2,291 .. 1,718 ..

7411 p. 754/10 part
7016 p.
7026 p.
7011 p.

42 7027 p. 754/10 part Do. 369 .. 277 ..

7028 p.

43 7034 (1) p. 753/10 part Do. 804 .. 2,814 ..

7035p. 752/10 part
7034 (2)

44 7031 (1) p. 693/10 part Do. 1,186 .. 1,779 ..

7031 (2) p. 692/10 part
6836 (1) p. 691/10 part
45 6836(1) p. 691/10 part Do. 2,572 .. 3,858 ..
6836 (2) p. 690/10 part
6836 (3) p. 689/10 part
46 7132 p. 615/10 part Do. 2,093 .. 1,570 ..
7128p. 614/10 part
7129p. 613/10 part
7141 (1) p.

47 7168 p. 515/10 part Do. 260 .. 195 ..

48 6564 p. 511/10 Do. 924 .. 1,385 ..

6823 p.

49 6816 p. 800/10 part Do. 6,125 .. 4,594 ..

6819 (2) p. 814/10 part
6595 p. 792/10 part
6579p. 792/10 part
6580p. 794/10 part of
6800p. Matunga
6801p. Division.
6804 p.
6806 p.
6794 p.
6589 p.
6623 (1) p.
6815 p.
6813 p.
6882
Total, Lands at Matunga .. 86,187 .. 90,984
 H-4094 ( 457-- 476) L-1
476 Mumbai Municipal Corporation Act [1888 : Bom. III

Cadastral
1
[SCHEDULE Y Area Value
Plot Ward Survey (See Section 91A)
Description Cadas- Total Amount Total
No. No. No.
Cadastral tral
Area area Valueamount
Survey
Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. Sq. yds.
tral Sq. yds.
area Rs. Rs.
amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
THE NEPEAN SEA ROAD PLOT
(Deposited Plan “A”)
1 .. 2/583 Bounded on the north-east by private 2,014 .. .. ..
(part of), property bearing Cadastral Survey No. 584;
Malbar on the south-east by private propertyforming
Hill Division. portion of this property bearing Cadastral
Survey No. 583; on the south-west by private
property bearing Cadastral Survey No. 582 ;
and on the north-west by the Foreshore.
Total the Nepean Sea Road Plot .. .. 2,014 .. ..

THE COLABA RECLAMATION

(Deposited Plan “B”) 46,580 .. .. ..
2 .. 82 to 86 Bounded on the north-west by Cuffe
parts of 87, Parade; on the south-west by Panday Road,
88, 1/88, 89 on the north-east by the Junction of Cuffe
and 90, 91 to Parade and Wodehouse Road; and Parade and
97 parts of 98, Wodehouse Road; and on the south-east
99, 100,101 partly by an irregular line beyond which are
and 102, 103 situate the remaining portions of properties
to 105, 106 bearing Cadastral Survey Nos. 106, 102,
(part of) 107 101, 100, 98, 99, 90, 89, 88, 1/88 and 87 and
to 111, 320, partly by Wodehouse Road, but excluding
321). the sites of Khatau and Central Roads and
of portion of Fazil and Kittridge Roads.
Total, the Colaba Reclamation .. .. 46,580 .. . .]

1
[SCHEDULE Z
(See section 354X)
Cadastral Cadas-
Plot Survey Locality Description of Plot tral Terms of Lease
No. No. Survey
Area
Sq. yds.

(Deposited Plan “ A “)
1 707 Fort The Horn- Bounded on the North by the John 3,250 Ninty-nine years at ground rent of
Division. by Road Cannon High School bearing Cadastral one anna per sq. yard per annum
plot. Survey No. 706 ; on the South by Cannon recoverable for a further term of 99
Road ; on the East by Murzban Road ; and years.]
on the West by Esplanade Road.

1
These Schedules were inserted by Bom. 13 of 1933, s. 37.
 H-4094 ( 457-- 476) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 477

Cadastral [SCHEDULE ZZ
1
Area Value
Plot Ward Survey (See Section 91A)
Description Cadas- Total Amount Total
No. No. No. Cadastral tral
Area area Valueamount
Survey
Plot Ward Survey Description Cadas- Total Amount Total
No. No. No. Sq. yds.
tral Sq. yds.
area Rs. Rs.
amount
Survey
Sq. yds. Sq. yds. Rs. Rs.
(Deposited Plan “B”)
Body Guard Lines
1(b) .. 3/383, Bounded on the north by plot 30,000 .. .. ..
part Tardeo 1 (d-1) and partly by plot 1 (b);
1(d-1) Division. on the south by the junction of
Part. the 100 feet and 40 feet roads ;
on the east partly by the 40 feet
road and partly by plot 1 (b),
and on the west by the 100 feet
Roads.

THE COOPERAGE PLOT

(Deposited Plan “I”)
3 .. 4, Fort Bounded on the North by the 58,044 .. .. ..
Division. Band Stand Circle ; on the
South by Wodehouse Road; on
the East by Cooperage Road
and on the West by Queen’s
Parade Road but excluding 38
square yards bearing
Cadastral Survey No. 13 on
which stands the statue of the
late Mr. Justice Ranade.

THE MARINE LINES MAIDAN

(Deposited Plan “ J ” )
4(b) .. 709, Fort Bounded on the North partly 91,196 .. 9,11,900 ]
Division. by the South Boundary of
“ Government Plot ” bearing
Cadastral Survey No. 728-C,
reserved for Military purposes
by Government Resolution No.
2- C.W. 4 dated 3rd January
1881, and partly by Cadastral
Survey No. 725 of the Marine
Lines Estate, on the East partly
by the Mayo road, partly by the
land belonging to the
Corporation bearing Cadastral
Survey No. 728 ; on the South
by Church Gate Street on the
West partly by Marine Lines
Road (Marine Street) and
Partly by Plot No. 4-A (Marine
Lines Estate) but excluding the
sites of the Gokhale and
Montague Statues.

1
This Schedule was inserted by Bom. 13 of 1933, s. 37.
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 477
 H-4094 (477-495) L-1
478 Mumbai Municipal Corporation Act [ 1888 : Bom. III

1
[SCHEDULE AA
(See section 110 D)
FORM OF DEBENTURE
THE TRUSTEES FOR THE IMPROVEMENT OF
THE CITY OF BOMBAY.
The 20
By virtue of “ The City of Bombay Improvement Trust Transfer Act, 1925 ” We
Trustees for the Improvement of the City of Bombay in consideration of the sum of
Rupees ....................................... paid to us by A. B. of ..................... promise to pay to
the said ....................................... order the said sum of Rupees .......................................
after the date hereof, together with interest at the rate of ................................... per
centum per anuum, payable half yearly on the day of ................................... and the
day of .........................
Given under our common seal this day of 20
Common seal.
(2[Signature of two Member of Committee
and the Chief Officer.])

1
[ SCHEDULE BB
(See section 123A)
RULBES REGULATING THE FORM OF ACCOUNTS RELATING TO IMPROVEMENT
SCHEMES, ETC. AND THE MANNER IN WHICH THEY SHALL BE KREPT
1. The Corporation shall keep a Capital Account and a General Account. These shall
be credited to the Capital Account—
(a) all moneys received on account of loans taken by the Corporation for the
improvement of the city or by the Board of Trustees under the 3City of Bombay Bom. IV
lmporovement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, of 1898.
Bom. VI
1925, other than moneys temporary borrowed in accordance with section 109C ; of 1925.

(b) the proceeds of the sale or exchange of, or the compensation awarded under I of 1894.
the Land Acquisition Act, 1894, for the acquisition by 4[ the 5[State] Government] of
any portion of the lands or buildings vested or vestingin the Corporation by reason of
the transfer to them of the property of the Board of Trustees constituted under the Bom. VI
City of Bombay Improvement Trust Transfer Act, 1925 6[or, acquired by the Corporation of 1925.
for any of the purposes of Chapter XII-A ] ;
[bb] the proceeds of any improvement or betterment charges levied under
7

Chapter XII-A ; ]

1
These Schedules were inserted by Bom. 13 of 1933, s. 37.
2
These words were substituted for the words “ Signature of the Member-in-charge ” by Mah. 27 of
1999, s. 205.
3
The City of Bombay Improvement Act, 1898, was repealed by the City of Bombay Improvement Trust
Transfer Act, 1925, which in its turn has been repealed by Bom. 13 of 1933.
4
The words “ the Provincial Government ” were substituted for the words “ Government ” by the
Adaptation of Indian Laws Order in Council.
5
This words was substituted for the word “ Provincial ” by the Adaption of Laws Order, 1950.
6
These word were inserted by Bom. 34 of 1954, s.32(1) (a).
7
Sub-clause (bb) was inserted by Bom. 34 of 1954, s.32(1)(b).
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 479

(c) the proceeds of the sale or exchange of any moveable property of the corporation
purchased by debit to the Capital Account ;
(d) fines or premia levied on granting leases, and sums paid in composition or part
composition of rents under leases ;
(e) any surplus which the General Accounts shall disclose at the end of each financial
year ;
(f) any other sum granted by 1[the 2[State] Government] and directed by them to be
credited thereto ;
(g) any other sums which 3[the Standing Committee], with the previous approval
of the corporation, direct to be credited thereto.
2. The money credited to the Capital Account shall be held by the corporation in
trust and shall be applied to—
(1) meeting the costs of 4[carrying out any of the objects of Chapter XII-A], including
the costs of acquiring lands and the costs of constructing buildings required for carrying
out any of the 5[purposes of the said Chapter] ;
(2) the repayment of all loans credited to the Capital Account ;
(3) expenses connected with or arising from the floatation of loans ;
(4) making good the deficit, if any, in the General Account, at the end of financial
year, provided that the net aggregate amount which may be so debited to the Capital
Account shall not exceed 20 per centum on the aggregate capital debt of the corporation
in respect of improvement of the city ;
(5) advancing any sums necessary for the erection, equipment and maintenance of
workshops, including tools and plant and transport equipment required generally for
6
[carrying out any of the objects of Chapter XII-A] ;
(6) advancing loans in accordance with the provisions of section 354 W 7[354 WA or
354 WB] .

3. The scheduled values of the lands specified in Schedules W and X shall be included
in the Capital Account both under receipts and expenditure, the scheduled values of the
lands resumed in any year being reduced from both sides of the said account in that
year.

4. The Capital Account shall show the total expenditure (including a proportionate
charge for the cost of management), incurred by the corporation on each scheme
separately, and shall also distinguish between the expenditure incurred on—
(a) the improvement of lands vested in the corporation and specified in
Schedule W ;
(b) the improvement of lands vested in the corporation and specified in
Schedule X ;
(c) lands referred to in Schedule Y.

1
The words “ the Provincial Government ” were substituted for the word “ Government ” by the
Adaptation of Indian Laws Order in Council.
2
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
3
These words were substituted for the words “the Mayor-in-Council ” by Mah. 27 of 1999, s. 206.
4
These words were substituted for the words “ framing and excuting schemes in accordance with this
Act ” by Bom. 34 of 1954, s.32(2) (a) (i).
5
These words were substituted for the words “ purposes of this Act ” by Bom. 34 of 1954, s. 32 (2) (a) (ii).
6
These words were substituted for the words “ the execution of any scheme under this Act ” by
Bom. 34 of 1954, s. 32 (2) (b).
7
These figures, letters and word were inserted by Bom. 34 of 1954, s. 32 (2) (c).
 H-4094 (477-495) L-1
480 Mumbai Municipal Corporation Act [ 1888 : Bom. III

5. There shall be credited to the General Account—

(1) all interest on the corporation’s investments including loans advanced under
section 354W, 1[354WA or 354WB] but not interest on securities in which the sinking
fund balances are invested ;
(2) all rents of lands vested in the corporation ;
(3) the net profit at the close of the year, if any , on sales of securities held by the
corporation ;
(4) three times the actual net realizations of the corporation in the preceding year
under the head of General Tax of payments made in lieu of General Tax (including
arrears and payments in advance) divided by the rate fixed for the General Tax for
the said financial year :
2
[Provided that as respects the 3[twenty-eight] financial year commencing from the
financial year 1942-43, this clause shall have effect as if for the word “ three times ” the
word “ twice ” were substituted ; ]
4
[Provided further that with effect from the financial year 1974-75 this clause shall
have effect as if the words “ three times ” the word “ twice “ were substituted]
5
* * * * * * *
(5) all other receipts of the corporation which are not required to be credited to the
Capital Account.
6. (1) The moneys credited to the General Account shall be applied by the corporation
in payment for the following charges, namely :—
(a) all payments for interest and sinking fund charges due on account of any loan ;
(b) the amount of the cost of management apportioned to General Account as
provided in rule 8 ;
(c) all other sums due by the corporation other than those required to be debited
to the Capital Account.
(2) The surplus, if any, remaining at the end of each financial year after making the
payments referred to in sub-rule (1), shall be credited to the Capital Account.
6
(3) On the recommendation of [the Standing Committee], the corporation may advance
any sums standing to the credit of the General Revenue Account to meet current Capital
Expenditure, and the amount of any sums so advanced shall be adjusted in the accounts
of the year in which such sums are advanced.
(4) There shall be debited to the General Account a sum of money equivalent to the
sum which would have been payable by the Board of Trustees for the Improvement of
7
the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Bom.
XVI of
Act, 1925, if the City of Bombay Municipal (Amendment) Act, 1933 had not been passed, 1925.
in respect of rates and taxes levied under this Act upon lands and buildings vested or Bom.
XIII of
vesting in the corporation by reason of the transfer to the corporation of the powers, 1933.
duties, assets and liabilities of the said Board of Trustees.

1
These figures, letters and words were inserted by Bom. 34 of 1954, s. 32 (3).
2
This proviso was added by Bom. 3 of 1948, s. 3.
3
This word was substituted for the words “ twenty-seven “ by Mah. 18 of 1969, s. 3, with effect from
24th February 1969.
4
This proviso was always deemed to have been inserted with effect from 1st day of April 1974 by Mah.
70 of 1975, s. 2.
5
Clause (5) was deleted by Bom. 21 of 1939, s. 2.
6
These words were substituted for the words “ the Mayor-in-Council ” by Mah. 27 of 1999, s. 206.
7
The City of Bombay Improvement Trust Act, 1925, has been repealed by Bom. 13 of 1933.
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 481

7. The General Account shall distinguish between all items included

in the General Account according as such items are in respect of —

(1) lands vested in the corporation and specified in Schedule W ;

(2) lands vested in the corporation and specified in Schedule X ;

(3) lands situated within the limits specified in Schedule Y ;

(4) other lands and buildings vesting in the corporation.

8. The net cost of management including—

(a) the salaries and allowances of the Deputy Municipal Commissioner

(Improvements), the acting Deputy Municipal Commissioner (Improvements) and
the scheduled staff and charges on account of establishment employed on duties
transferred to the corporation under the City of Bombay Municipal (Amendment)
Bom. Act, 1933, 1[or undertaken for any of the purposes of Chapter XII-A] or in cases
XIII of
1933. where establishment is partly employed on such duties and partly on others, a
share of the cost of such establishment proportionate to the duties so transferred;

(b) the expenses in connection with the Land Acquisition Officer ;

(c) pensions, gratuities and contributions by the corporation to the Provident

Fund ;

(d) office expenses, cost of audit, expenses of management of debt, losses on

investments and other incidental expenses ;
shall, in the first instance, be debited to the General Account and shall be apportioned
at the close of each financial year between the Capital Account and the General
Account in such proportion as 2[the Standing Committee] shall determine.]

———————

3
[SCHEDULE BBA

ACCOUNTS TO BE MAINTAINED UNDER SECTION 123C

1. The accounts to be kept under section 123C shall be maintained in the form by
or on behalf of, and all sums contributable by the Corporation for the purposes of an
Education Fund Account.

2. There shall be credited to the Education Fund Account all moneys received by,
or on behalf of, and all sums, contributable by the Corporation for the purposes of
clause (q) of section 61, including—

(a) all proceeds of the disposal of any property held by the Corporation for the
purposes of the said clause ;

(b) all rents received from the lease of any immovable property held for the
purposes of the clause ;

1
These words were inserted by Bom. 34 of 1954, s. 32 (4).
2
These words were substituted for the words “ the Mayor-in-Council” by Mah. 27 of 1999, s. 206.
3
Schedule BBA was inserted by Bom. 48 of 1950, s.78.
 H-4094 (477-495) L-1
482 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(c) all fees and fines received in municipal schools (other than fines to which the
provisions of section 120 apply) ;

(d) all interest or profit arising from any transaction effected with moneys held
by the Corporation for the purposes of the said clause ;

(e) all moneys received from the State Government or from any other source by
1
way of contribution, gift or grant for the purposes of primary education ; *
2
[(f) five times the actual net realizations of the Corporation in the preceding
year under the head of General Tax or payment made in lieu of General Tax
(including arrears and payments in advance) divided by the rate fixed for the
General Tax for the said financial year ;]
3
[(7) the amount estimated under clause (c-1) of section 26-C, as finally adopted by
the Corporation under section 129.]

3. There shall be debited to the Education Fund Account all the expenses incurred
by the Corporation for the purpose of clause (q) of section 61 including—

(a) the salary and allowances of the Education Officer ;

(b) the salaries and allowances of all municipal officers and servants serving
under the Education Officer in his office ;

(c) the salaries and allowances of all masters, teachers and other persons
employed in the primary schools maintained by the Corporation ;

(d) the contribution to provident fund, pensions, gratuities and compassionate

allowances payable by the Corporation to or in respect of, officers and servants
employed, or formerly employed, in any of the capacities mentioned in sub-clause
(a), (b) or (c) ;

(e) all costs and expenses incurred by the Commissioner in the exercise of any
power or the discharge of any duty conferred or imposed upon him for purposes of
clause (q) of section 61, including moneys which he is required or empowered to
pay by way of compensation ;

(f) every sum payable under a decree or order of a civil, criminal court passed
against the Corporation or against the Commissioner or the Education Officer ex-
officio in any proceeding arising out of the activities of the Corporation undertaken
for the purposes of clause (q) of section 61, or under a compromise effected under
section 517 of any suit or other legal proceeding or claim in like circumstances ;

1
The word “ and ” was deleted by Bom. 13 of 1958, s. 8 (1).
2
This clause was substituted for the original by Bom. 58 of 1956, s.27. This amendment shall be
deemed to have been made with effect from the 1st day of January 1951.
3
This clause was added by Bom. 13 of 1958, s. 8 (2).
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 483

(g) all interest and debt charges in respect of loans raised for the construction of
school buildings or otherwise for the purposes of clause (g) of section 61; and
(h) all costs and expenses incurred on account of the maintenance of school,
clinics and for the medical inspection of school children.

1
[ SCHEDULE CC
(See section 354 S)
PORTIONS OF THE LAND ACQUISITION ACT, 1894, REGULATING THE ACQUISITION
OF LAND 2[ UNDER CHAPTER XII-A].

Part I—Preliminary, except clauses (e) and (f) of section 3.

Part II—Acquisition, except sub-section (f) of section 4, section 6 and
sub-section (2) of section 17.
Part Ill—Reference to Court and Procedure thereon, except sub-section
(2) of section 23 and clauses (6) and (7) of section 24.
Part IV—Apportionment of compensation.
Part V—Payment.
Part VI —Temporary occupation of land.
Part VIII—Miscellaneous.]
1
[SCHEDULE DD
(See section 354 S)
SCALE OF ADDITIONAL COMPENSATION FOR COMPULSORY ACQUISITION FOR
IMPOROVEMENT PURPOSES.
Percentage to be
Amount of compensation awarded allowed in addition
under section 354S
Not exceeding ten thousand rupees, or, if the amount Six per cent.
exceeds ten thousand rupees, for first ten thousand.
Exceeding ten thousand, but not exceeding filty thousand, Four per cent.
the amount by which it exceeds ten thousand.
Exceeding fifty thousand rupees, but not exceeding one Three per cent.
lakh, for the amount by which it exceeds fifty thousand.
Exceeding one lakh, for the amount by which it exceeds Two and a half per cent.]
one lakh.

3
[SCHEDULE EE.
(See section 136)
DUTIES AND POWER; OF THE MUNICIPAL CHIEF AUDITOR
1. (1) The Municipal Chief Aduditor shall audit the accounts of the corporation as
hereinafter provided, with the assistance of the assistant auditors, clerks as servants
appointed under section 78-B of this Act.
(2) In the discharge of his functions under this article the Muncipal Chief Auditor
shall—
4
(i) Audit the accounts of * expenditure from the revenue of the corporation
expenditute on account of loan works and 4* expenditure incurred out of special
funds and shall ascertain whether moneys show therein as having been disbursed
were legally available, for, and applicable, to, the service or purpose to which they
have been applied or charged, and whether the expenditure conforms to the authority
which governs it ;

1
These Schedules were inserted by Bom. 13 of 1933, s. 37.
2
These words were inserted for the words “for improvement purposes”, by Bom. 34 of 1954, s. 32.
3
This Schedule was inserted by Bom. 2 of 1938, s. 9.
4
The word “ all ” was deleted by Bom. 76 of 1948, s. 42.
 H-4094 (477-495) L-1
484 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(ii) audit the accounts of 1* debt, deposit, sinking funds, advances, suspense and
remittance transactions of the corporation and report upon those accounts and upon the
results of verification of the balances relating thereto.
(3) The Municipal Chief Auditor shall examine and audit the statements of accounts
relating to the commercial services conducted in any department of the corporation,
including the trading, manufacturing and profit and loss accounts, and the balance
sheets where such accounts are maintained under the orders of the 2[corporation],
3
[the Standing Committee or the Brihan Mumbai Electric Supply and Transport
Committee] and shall certify and report upon these accounts.
4
(4) The Municipal Chief Auditor shall, in consultation with [the Standing Committee],
and subject to any directions given by the corporation, determine the form and
manner in which his reports on the accounts of the corporation shall be prepared and
shall have authority to call upon any officer of the corporation to provide any information
necessary for the preparation of the reports.
2. (1) The Municipal Chief Auditor may make such queries and observations in
relation to any of the accounts of the corporation which he is required to audit and
call for such vouchers, statements, returns and explanations in relation to such
accounts as he may think fit.
(2) Every such query or observation as aforesaid shall be promptly taken into
consideration by the officer or authority to whom it may be addressed and returned
without delay with the necessary vouchers, documents or explanations to the chief
auditor.
(3) The powers of the Municipal Chief Auditor with regard to disapproval of, and
the procedure with regard to settlement of objections to expenditure from the revenues
of the corporation shall be such as may be prescribed by rules or orders made 5[by the
Standing Committee in consultation with the chief auditor and sanctioned by the
orporation in the case of expenditure debited to the municipal fund and by the Brihan
Mumbai Electric Supply and Transport Committee in the case of expenditure debited
to the Brihan Mumbai Electric Supply and Transport Fund.
3. If the Municipal Chief Auditor considers it desirable that the whole or any part
of the audit applied to any accounts which he is required to audit shall be conducted in
the offices in which these accounts originate, he may require that these accounts,
together with all books and documents having relation thereto, shall at all convenient
times be made available in the said offices for inspection.
4. The Municipal Chief Auditor shall have power to require that any books or
other documents relating to the accounts he is required to audit shall be sent for
inspection by him :
Provided that if the documents are confidential he shall be responsible for preventing
disclosure of their contents.
5. The Municipal Chief Auditor shall have authority to frame rules and to give
directions on all matters relating to audit, particularly in respect of the method and
the extent of audit to be applied and the raising and pursuing of objections.
6. Sanctions to expenditure accorded by the Municipal Chief Auditor shall be
audited by an officer to be nominated by the corporation.]

1
The word “ all ” was deleted by Bom. 76 of 1948, s. 42.
2
These words were substituted for the original by Bom. 48 of 1948, s. 60.
3
These words were substituted for the words “ the Mayor-in-Council” by Mah. 27 of 1999,
s. 207(a)(i).
4
These words were substituted for the words “ the Municipal Accounts Committee” by Mah. 27 of
1997, s. 207(a)(ii).
5
These words were substituted for the portion beginning with the words “ by the Mayor-in-
Council ” and ending with the words “ and Transport Fund ” by Mah. 27 of 1997, s. 207 (b).
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 485

1
[SCHEDULE FF*

[Section 34 of the Bombay Municipal (Extension of Limits) Act, 1950.] SPECIAL AND
TRANSITORY PROVISIONS

1. All proceedings pending at the appointed date before a local authority in the
surburbs or before any authority of such local authority which under the provisions of
the Bombay Municipal Corporation Act, are required to be instituted before or under-
taken by the Commissioner shall be deemed to be transferred to and continued by him
and all other such proceedings shall, so far as may be, deemed to be transferred to and
continued by such authority before or by whom they have to be instituted or undertaken
under the provisions of the said Act.

2. All appeals pending before any authority of a local authority in the suburbs at the
appointed date shall, so far as may be practicable, be disposed of as if the suburbs had
been included in 2[Brihan Mumbai] when they were filed.

3. All prosecutions instituted by or on behalf of a local authority in the suburbs and

all suits or other legal proceedings instituted by or against such a local authority or any
officer of such a local authority pending at the appointed date shall be continued by or
against the Commissioner or the Corporation, as the case may be, as if the suburbs had
been included in 2[Brihan Mumbai] when such prosecution, suit or proceedings were
instituted.

4. (1) All rights of every local authority in the suburbs shall, on the appointed date,
vest in the Corporation.
(2) All sums due to any local authority in the suburbs whether on account of any tax
or any other account shall be recoverable by the Commissioner and, for the purpose of
such recovery, he shall be competent to take any measure or institute any proceedings
which it would have been open to the authority or officer of such local authority to take
or institute if the Bombay Municipal Corporation Act had not come into force in the
suburbs and not been included in 2[Brihan Mumbai].
(3) All debts and obligations incurred and all contracts made by or on behalf of any
local authority in the suburbs immediately before the appointed date and subsisting on
the said date shall be deemed to have been incurred and made by the Commissioner in
Bom. III exercise of the powers conferred on him by the [Mumbai Municipal Corporation Act].
3

of 1888.
(4) In respect of the rights, dues, debts and obligations of the District School Board of
the Bombay Suburban District and the District Local Board of the Bombay Suburban
District pertaining exclusively to the area subject to their respective authority which is
not included in 2[Brihan Mumbai], this paragraph shall apply as if for the word “ corpora-
tion ” and word “ Commissioner ” the words “ District School Board of the Thana District
or, as the case may be, the District Local Board of the Thana District ” were substituted
and as if the reference made to the Bombay Municipal Corporation Act, had been a
Bom. reference to the Bombay Primary Education Act, 1947, or as the case may be, the Bombay
LXI of
Local Boards Act, 1923.
1947.
Bom VI
of 1923.

1
Schedule FF was added by Bom. 7 of 1950, s.34.
* The provision contained in the Schedule for regulating the matters relating to or arising in con
sequence of the extension of the limits subject to the authority of the municipal authorities
constituted under the said Act and other matters relevant thereto shall be in operation as if enacted
in the body of the Bombay Municipal Corporation Act.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
3
These words were substituted for the words “Bombay Municipal Corporation Act”, by Mah. 25 of
1996, s.2, Schedule.
 H-4094 (477-495) L-1
486 Mumbai Municipal Corporation Act [ 1888 : Bom. III

5. (1) Save as provided in section 349 E of the Bombay Municipal Corporation Act any Bom. LXI
of 1901.
notification, notice, order, scheme, permit, licence, permission, rule, by-law, or form Bom.
XVIII of
made, issued or granted under the Bombay District Municipal Act, 1901, the Bombay 1925.
Municipal Boroughs Act, 1925, the Bombay Local Boards Act, 1923, the Bombay Village Bom. VI
of 1923.
Panchayats Act, 1933, and the Bombay Primary Education Act, 1947 before the appointed Bom. VI
of 1933.
date shall, in so far as it is not inconsistent with the provisions of the Bombay Municipal Bom. LXI
of 1947.
Corporation Act or the City of Bombay Primary Education Act, 1920, as the case may be, Bom. XV
shall continue in force until it is superseded by any notification, notice, order, scheme, of 1920.

permit, licence, permission, rule, by-law or form made, issued or granted under the
Bombay Municipal Corporation Act or the City of Bombay Primary Education Act, 1920,
as the case may be.

Bom. III
(2) All assessments, valuations, measurements and divisions made under the Bombay of 1901.
District Municipal Act, 1901, the Bombay Municipal Boroughs Act, 1925, the Bombay Bom XII
of 1925.
Local Boards Act, 1923, the Bombay Village Sanitation Act, 1889, or the Bombay Village Bom. VI
Panchayats Act, 1933, shall, in so far as they are consistent with the provisions of the of 1923.
Bom.
Bombay Municipal Corporation Act, be deemed to be made under that Act. I of 1889.
Bom. VI
of 1933.

(3) Subject to the provisions of sub-paragraphs (4) to (9) (both inclusive) all officers
and servants in the employ of any local authority in the suburbs other than the District
Local Board of the Bombay Suburban District and the District School Board of the Bombay
Suburban District immediately before the appointed date, shall be officers and servants
employed by the Corporation under the Bombay Municipal Corporation Act, and shall be
entitled to terms of service not less favourable than those which they had immediately
before the appointed date in the service of the respective local authorities.

(4) It shall be competent for the Corporation or the Commissioner to employ the said
officer or servant in any capacity which, in the opinion of the Corporation or the
Commissioner, is suitable, having regard to the qualifications, experience and previous
emoluments of the said officer or servant irrespective of the nature of the post held by
the said officer or servant before the appointed date.

(5) The service rendered by such officers and servants before the appointed date shall
be deemed to be service rendered in the service of the Corporation.

(6) It shall be competent to the Commissioner in the case of officer and servants
whose monthly salary, exclusive of allowances, immediately before the appointed date
was not more than five hundred rupees, or to the Corporation in the case of other
officers and servants, to discontinue the services of any officer or servant who in his, or
their opinion is not necessary or suitable to the requirements of the municipal service,
after given such officer or servant such notice as is required to be given by the terms of
his employment and every officer or servant whose service are so discontinued shall be
entitled to such leave, pension or gratuity as he would have been entitled to take or
receive on being invalidated out of service if the limits of the area subject to the authority
of the Corporation and other municipal authorities had not been extended over the
suburbs.
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 487

(7) It shall be competent to the corporation to appoint the Chief Officers of the District
Local Board of the Bombay Suburban District, the Bandra Borough Municipality, the
Kurla Borough Municipality, the Parle-Andheri Borough Municipality and the Ghatkopar-
Kirol Borough Municipality, or any one or more of such Chief Officers, with effect from
the appointed date, to any appointments under the corporation for which they are in the
opinion of the corporation qualified :

Provided that, unless a Chief Officer is so appointed he shall be given such leave,
pension or gratuity as he would have received had he been invalidated out of the service
of the local authority concerned if the limits of the area subject to the authority of the
corporation and other municipal authorities had not been extended over the suburbs.

(8) The State Government may by order specify which officer or servant or class of
officers or servants in the employ of the District Local Board of the Bombay Suburban
District or the District School Board of the Bombay Suburban District immediately before
the appointed date shall be taken over in the employ of the corporat ;on, the District
Local Board of the Thana District and the District School Board of the Thana District.
On the issue of such order, the corporation, the District Local Board of theThana District
and the District School Board of the Thana District shall comply with such order and the
provisions of sub-paragraphs (3) to (6) shall apply mutatis mutandis to such officers and
servants.

(9) If any such officer or servant is aggrieved by any order passed by the corporation,
the District Local Board of the Thana District or the District School Board of the Thana
District, to the service of which such officer or servant is transferred under this paragraph,
such officer or servant may appeal to the State Government.

6. Every scheme of compulsion sanctioned or deemed to be sanctioned under the

Bom. *Bombay Primary Education Act, 1947, and which is in force in any area of the suburbs
LXI of
1947. immediately before the appointed date shall have effect as if a declaration had been
Bom XV made by the corporation in respect of such area under section 3 of the City of Bombay
of 1920.
Primary Education Act, 1920.

Bom. 7. Notwithstanding anything contained in the Bombay Town Planning Act, 1915,
I of 1915.
any scheme made or sanctioned or any proceedings undertaken in respect of any area in
the suburbs under the said Act shall be deemed to have been made or undertaken by or
in respect of the corporation as a local authority under the said Act.

8. Any direction given by the Chief Presidency Magistrate under section 45 of the
Bom. City of Bombay Police Act, 1902, to a Municipality in the suburbs before the appointed
V of date shall be deemed to be a direction given to the Commissioner under “ the said
1902.
section for the purpose of making recoveries under the said section.

Bom. 9. The provisions of the Bombay Local Fund Audit Act, 1930, shall continue to apply
XXV of
1930.
in respect of the audit of the accounts of the local authorities in the suburbs for the
period upto the date immediately preceding the appointed date and of all other matters
connected with, or arising out of such audit as if the limits of the area subject to the
authority of the corporation and other municipal authorities under the 1[Mumbai
Municipal Corporation Act] had not been extended over the suburbs :
1
These words were substituted for the words “ Bombay Municipal Corporation Act “ by Mah. 25 of
1996, s. 2., Schedule.
*
Now, the Maharashtra Primary Education Act, was repealed by Mah. 25 of 2014, s. 3 (1) (b) with
effect from the 1st July 2013.
 H-4094 (477-495) L-1
488 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Provided that, all references in the said Act to the Chairman of the local authority
or to the local authority shall be deemed to be references to the Commissioner.
10. (1) The corporation shall, within a period of six months from the
appointed date, divide the suburbs into such number of wards with such
boundaries as it may consider suitable and shall apportion eighteen councillors
among the said wards.
(2)The wards so delimited, together with the wards into which the city Bom. III
of 1888.
had been divided under section 24 of the 1[Mumbai Municipal Corporation
Act] immediately before the appointed date shall, subject to the provisions
of sub-section (2) of the said section, constitute the wards into which 2[Brihan
Mumbai] is divided on and from the appointed date for all purposes.
(3)In the event of failure by the corporation to take action as required by
sub-paragraph (1) within the period prescribed therein, the State Government
may appoint some person for the purpose of taking such action, and on such
appointment, the provisions of sub-section (3) of section 518 and of section
520 of the said Act shall apply, as far as may be.
3
[(4) When the wards are reconstituted under section 19 as amended by
the Bombay Municipal Corporation (Adoption of Assembly Rolls and Single Mah. VIII
of 1965.
Member Constituencies) Act, 1964, 4[and the Bombay Municipal Corporation Mah.
(Third Amendment) Act, 1966,] the forgoing provision of this paragraph shall XXXIII of
1966.
cease to have effect.]

11. The following special provisions shall apply for filling the eighteen
seats of councillor apportioned among the wards constituted or to
be constituted under paragraph 10 for the suburbs until the holding of the
first general ward elections of councillors, next after the appointed date,
namely :—
(a) The persons holding the office of councillor or member, as the case
may be, of the local authority specified in the following table on the date
immediately preceding the appointed date shall elect from amongst the
councillors or members, as the case may be, of the respective local authority,
the number of councillors shown against it in the said table in the manner
prescribed in paragraph 12 :—
Name of the local authority Number of councillors to be
elected by the councillors
or members of the
local authority
1. Bandra Borough Municipality .. .. 6
2. Parle-Andheri Borough Municipality .. 3
3. Ghatkopar-Kirol Borough Municipality .. 1
4. Juhu Municipality .. .. 2
5. District Local Board, Bombay Suburban District 3
(b) The corporation shall, as soon as conveniently may be after the councillors
elected under sub-paragraph (a) have taken office, appoint in such manner as it
may determine three persons from amongst the persons who are enrolled in the
Municipal election roll of the Kurla Municipal Borough in operation on the date
immediately before the appointed date to be councillors, subject to the provisions Bom. III
of 1888.
of section 16 of the 1[Mumbai Municipal Corporation Act].

1
These words were substituted for the words “ Bombay Municipal Corporation Act ”, by Mah. 25
of 1996, s. 2, Schedule.
2
These words were substituted for the words “ Greater Bombay ”, by Mah. 25 of 1996, s.2, Schedule.
3
This sub-paragraph was added by Mah. 8 of 1965, s.20.
4
These words, brackets and figures were inserted by Mah. 33 of 1966, s.7.
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 489

12. With respect to the election of councillors for the purposes of sub-para-
graph (a) of paragraph 11 the following provisions shall have effect, namely :—
(a) the Commissioner shall, in respect of the election of councillors by
the councillors or members of each local authority specified in the said
sub-paragraph (a) within fifteen days of the appointed date, by advertise-
ment in the local newspapers fix a date for the nomination of candidates, a
date, time and place of the recording of votes in the event contested elec-
tions, and a date, time and place for the counting of votes :
Provided that the date fixed for the nomination of candidates shall not be
earlier than ten days after the date of the notice :
Provided further that a copy of the notice shall be sent by registered post
to the last known address of each person referred to in sub-paragraph (a) of
paragraph 11 concerned with the election ;
(b) the nomination paper shall be in Form A appended hereto and shall
be signed and subscribed by two person entitled to vote at the election as
proposer and seconder and shall bear the signature of the person nomi-
nated in token of his willingness to be so nominated ;
(c) every nomination paper signed and subscribed as aforesaid shall be
delivered in the Commissioner’s office before five o’clock in the afternoon
of the day fixed for the nomination of candidates ;
(d) each candidate must be nominated by a separate nomination paper,
but any person entitled to vote at an election may subscribe as many nomi-
nation papers as there are vacancies to be filled but no more ;
(e) if any person subscribes more nomination papers than there are va-
cancies to be filled, the nomination papers received after the receipt of the
maximum permissible number and subscribed by such person shall be
deemed to be invalid ;
(f) if any person nominated is not eligible for election under paragraph
11, the Commissioner shall declare such person’s nomination invalid ;
(g) if there is no valid nomination, it shall be deemed that there has
been a failure to elect in respect of the vacancy or vacancies in question ;
(h) if the number of valid nominations is less than that of the vacancies
the person validly nominated shall be deemed to be elected and for the
remaining vacancy or vacancies, it shall be deemed that there has been a
failure to elect ;
(i) if the number of valid nominations is the same as that of the vacan-
cies, the persons nominated shall be deemed to be elected ;
(j) if the number of valid nominations exceeds that of the vacancies,
the Commissioner shall by advertisement in the local newspapers publish
the names and descriptions of the persons validly nominated and votes
shall be taken for the election of councillors on the date fixed for the pur-
pose ;
(k) votes shall be recorded by ballot in Form B appended hereto and in
person and no votes shall be received by proxy ;
(l) no votes shall be recorded for any person whose name has not been
published under sub-paragraph (j) as being validly nominated ;
(m) every voter shall have as many votes as there are councillors to be
elected at the election and may give all such votes to one candidate, or
may distribute them among the candidates as he thinks fit ;
(n) the candidate, or where there is more than one councillor to be
elected the candidates not exceeding the number of councillors to be elected
who have the greatest number of valid votes shall be declared to be elected :
 H-4094 (477-495) L-1
490 Mumbai Municipal Corporation Act [ 1888 : Bom. III

Provided that, where an equality of votes is found to exist between any

candidates and the addition of a vote would entitle any of those candidates
to be declared elected, the determination of the candidate or candidates
to whom such additional vote shall be deemed to have been given shall be
made by lot to be drawn in the presence of the Commissioner in such
manner as he shall determine ;
(o) every candidate and not more than one representative of every
candidate authorised by him in this behalf shall be allowed to be present
at the counting of votes and shall be given reasonable opportunity, after
the ballot papers have been distributed for counting to inspect without
handling the ballot papers and to question the correctness of the rejection
of any ballot paper ;
(p) in any matter not specifically provided for in this paragraph, the
procedure to be followed in respect of the election shall, as far as may be,
in accordance with the procedure followed in a ward elections under the
provisions of the 1[Mumbai Municipal Corporation Act], and the rules made Bom. III
of 1888.
under section 29 thereof ;
(q) the result of every election shall be declared by fixing, as soon as may
be, in some conspicuous place on the chief municipal office, a notice signed
by the Commissioner certifying the names of the candidates, if any, elected
an in the case of a contested election, the number of votes recorded for
each candidate ;
(r) the names of all candidates elected to be councillors under his
paragraph shall be published by the Commissioner in the Officjal Gazette
and on such publication such candidates shall be deemed to come into office.
13. In the event of a failure to elect or in the event of the election of any
councillor being set aside and there being no other candidate who can be
deemed to be elected in his place, the Corporation shall, in such manner as it
may determine, appoint a person who would have been eligible to be elected
as a councillor the vacancy under sub-paragraph (a) of paragraph 11 to be
councillor, and such person shall be deemed for all purposes to have been
elected to be a councillor.
14. Councillors elected or appointed under the provisions of paragraph
11, 12 or 13 shall, subject to the provisions of the 1[Mumbai Municipal Bom. III
of 1888.
Corporation Act], hold office for the same period as the councillors who came
into office on the first day of April, 1948.
15. In the event of the office of any councillor elected or appointed under
the provisions of paragraph 11, 12 or 13 becoming vacant for any reason before
the expiry of the term specified in paragraph 14 the vacancy shall be filled,
as soon as may be by the election or appointment as the case may be, of a duly
qualified person thereto and the provisions of paragraph 11, 12 or 13 shall
apply, as far as may be, to such election or appointment :
Provided that if the office of any councillor becomes vacant within four
months of the date on which the term of office prescribed in paragraph 14 is
due to expire, it shall not be necessary to fill such vacancy.
16. (1) if any dispute arise regarding the validity of any election or
appointment held or made under the provisions of this Schedule the
provisions of section 33 of the 1[Mumbai Municipal Corporation Act], shall Bom. III
of 1888.
apply as far as may be, for the purpose of the determination of the dispute as
if the election or appointment were an election under the provision of that
Act.
(2) Every election or appointment not called in question in accordance
with the the provisions of the said section shall be deemed to have been to all
intents, a good and valid election or appointment.
1
These words were substituted for the words “ Bombay Municipal Corporation Act”, by Mah. 25
of 1996, s. 2, Schedule.
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 491

17. (1) For 1[the period begining with the appointed date and ending with
the 31st day of March 1951,] but subject to the provisions of sub-paragraphs
(3), (4) and (5), all taxes imposed by any local authority in suburbs and levied
immediately before 2[the appointed date] within the limits of the area sub-
ject to the local authority shall, unless the corporation otherwise determines,
continue to be levied and collected within such limits by the corporation in
Bom. III lieu of the taxes leviable under the 3[Mumbai Municipal Corporation Act],
of 1888.
and notwithstanding the absence of provision in the said Act for the levy of
any of the taxes leviable under this sub-paragraph, and for the purpose of
the assessment and collection of the taxes so leviable, the Commissioner
shall have all the powers which would be exercisable by a local authority, or
and authority or officer of a local authority, but for the coming into force of
Bom. VII the Bombay Municipal (Extension of Limits) Act, 1950 :
of 1950.
Provided that the State Government may, at the request of the corpora-
tion, from time to time, by notification in the Official Gazette, extend the
period for which the taxes leviable under this sub-paragraph may continue
to be levied but not so as to extend the period for such continued levy after
the expiry of two years from the appointed date.
(2) Nothing in sub-paragraph (1) shall authorise the levy of any tax which
the State Legislature would not be competent to impose in the State.
(3) Town duties shall be levied in accordance with the provisions of the
Bom. III 3
[Mumbai, : Municipal Corporation Act,] for the whole area of 4[Brihan
of 1888.
Mumbai] and no octroi or terminal tax shall be levied in any area in the
suburbs on and after the appointed date 5[until octroi is first levied under
Mah. section 192 as substituted by the Bombay Municipal Corporation (Second
XXXII of
1964. Amendment) Act, 1964].

(4) The corporation may, with the sanction of the State Government, in-
crease the rate of any tax levied under sub-paragraph (1) if at any time dur-
ing the period therein referred to it deems fit to do so for the purpose of
Bom. III complying with the provisions of section 134 of the 3 [Mumbai Municipal Cor-
of 1888.
poration Act.]
(5) The Corporation may, at any time 6[during the period referred to in
sub-paragraph (1) ] after public notice of not less than one month, levy taxes
Bom. III in the suburbs in accordance with the provisions of the 3 [Mumbai Municipal
of 1888.
Corporation Act] and on and from the date of the commencement of such
levy the provisions of sub-paragraph (1) shall cease to operate in the suburbs
or area or areas in the suburbs, as the case may be, except for the purpose of
collecting or assessing any amount which became due prior to such date.
7
[17A. (1) Subject to the provisions of this paragraph, with effect from the
1st day of April 1951 property taxes shall be levied on buildings and lands in
Bom. III of the suburbs, in accordance with the provisions of the 3 [Mumbai Municipal
1888.
Corporation Act].
(2) On all buildings and lands in the areas specified in List I hereto ap-
pended 8[the rateable value of which exceeds rupees seventy-five in a year]
and on the, buildings and lands occupied for industrial purposes in the
1
These words and figures were substituted for the words “a period of one year from
the appointed date ” by Bom. 30 of 1951, s.7(l)(a).
2
These words were substituted for the words “ the said date ” by Bom. 30 of 1951.
3
These words were substituted for the words “ Bombay Municipal Corporation
Act” by Mah. 25 of 1996, s. 2, Schedule.
4
These words were substituted for the words “ Greater Bombay ”, by Mah. 25 of 1996, s.2,
Schedule.
5
This portion was added by Mah. 32 of 1964, s. 21.
6
These words were inserted by Bom. 30 of 1951, s.7(1)(b).
7
This paragraph was inserted by Bom. 30 of 1951, s. 7(2).
8
These words were inserted by Bom. 51 of 1956, s. 2 (1) (a).
 H-4094 (477-495) L-1
492 Mumbai Municipal Corporation Act [ 1888 : Bom. III

areas specified in List II hereto appended, the general tax shall be levied for
the following periods and at the following rates, namely :—
(i) For the period from the 1st day of April 1951 to the 31st day of
March 1954, at the rate of ten per centum of their rateable value in
each year ;
(ii) For the period from the 1st day of April 1954 to the 31st day of
March 1956, at the rate of twelve per centum of their rateable value in
each year ;
[(iii) For the period from the 1st day of April 1956 to the 31st day of
1

March 1958, at the rate of fourteen per centum of their rateable value in
each year ;
(iv) For the period from the 1st day of April 1958 to the 31st day of
March 1960, at the rate of sixteen per centum of their rateable value in
each year ;
(v) From the 1st day of April 1960, at such rate as may be determined
by the Corporation under section 128 of the said Act.]
2
[(2A) On all buildings and lands in the areas specified in List I, the
rateable value of which does not exceed rupees seventy-five in a year, the
general tax shall be levied for the following period and at the following
rates, namely :—
(i) For the period from the 1st day of April 1956 to the 31st day of
March 1958, at the rate of eight per centum of their rateable value in each
year ;
(ii) For the period from the 1st day of April 1958 to the 31st day of
March 1960, at the rate of ten per centum of their rateable value in each
year ;
(iii) From the 1st day of April 1960, at such rate as may be determined by
the Corporation under section 128 of the said Act.]
(3) On all buildings and lands in the areas specified in the said List II
(other than the buildings and lands occupied for industrial purposes), the
general tax shall be levied for the following periods and at the following
rates, namely :—
(i) For the period from the 1st day of April 1954 to the 31st day of
March 1956, at the rate of eight per centum of their rateable value in each
year ;
(ii) For the period from the 1st day of April 1956 to the 31st day of
March 1958, at the rate of ten per centum of their rateable value in each
year ;
(iii) For the period from the 1st day of April 1958 to the 31st day of
March I960, at the rate of twelve per centum of their rateable value in
each year ;
(iv) From the 1st day of April 1960, at such rate as may be determined by
the Corporation under section 128 of the said Act.

1
These clauses were substituted for the original clause (iii) by Bom. 51 of 1956,
s. 2(1)(b).
2
This sub-paragraph was inserted by Bom. 51 of 1956, s. 2(2).
H 4094—66a
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 493

(4) Without prejudice to any exemption admissible under sub-section

(1) of section 143 of the said Act, the following buildings and lands shall,
notwithstanding anything contained in the foregoing sub-paragraphs, be
exempted from the levy of the general tax during the period respectively
specified in each case, namely :—
(i) All buildings and lands in the areas specified in the said List II (other
than the buildings and lands occupied for industrial purposes) during the
period from the 1st day of April 1951 to the 31st day of March 1954 ;
1
* * * * *
(iii) All buildings and lands in the areas specified in the said List II, the
rateable value of which does not exceed Rs. 75 in a year-during the period
from the 1st day of April 1954 to the 31st day of March 1960.
(5) For the purposes of this paragraph—
(a) the expression “ building or land occupied for industrial purpose” shall
include every premises occupied or used as a factory as defined in the
Factories Act, 1948, but shall not include any premises exclusively used for LXIII of 1948.
a cottage industry ; and
(b) the expression “ cottage industry” means any industry carried on by a
worker in his own home.

LIST I
The areas within the limits of the following villages :—
(1) Borle.
(2) Chakala.
(3) Deonar.
(4) Hariali—Portion lying west to the G.I.P. Railway line.
(5) Kondivate (Bamanpuri).
(6) Majas.
(7) Marol.
(8) Mohili.
(9) Oshivara.
(10) Versova village (Vesava).
(11) Vikroli-Portion lying west of the G.I.P. Railway line.

1
Clause (ii) was deleted by Bom. 51 of 1956, s. 2(2).
 H-4094 (477-495) L-1
494 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(12) In the Village of Chembur and Vadawli, the area occupied by the camp
for displaced person as specified below :—

Village Survey No. Hissa No. Area

A. g. a.
Vadawli .. S.S.III Part .... 3 11 3
Do. .. 98A2 .... 0 20 15
Do. .. 89 .... 0 8 0
Do. .. 97A .... 0 1 4
Do. .. 98A 4 1 11 14¼
Do. .. 98A 1 part 0 24 3
Do. .. 85 1 1 4 8
Do. .. 86 1 0 12 8
Do. .. 86 4 0 8 12
Do. .. 86 6 0 0 4
Do. .. 87 2 0 13 0
Do. .. 87 4 0 34 0
Do. .. 98A 2 0 4 5
Do. .. 98A 1 part 0 18 84
Do. .. N.A.100/B .... 0 11 0
Do. .. N.A.98/B 2 part 0 2 0
Do. .. 88 .... 0 31 4
Do. .. 85 2 0 4 0
Do. .. 85 3 part 0 3 0
Do. .. 86 2 0 10 0
Do. .. 86 5 0 7 8
Do. .. 87 1 1 3 0
Do. .. 87 3 0 15 4 .
Do. .. 87 5 0 2 4
Do. .. 98A 3 part 0 37 4
Do. .. 86 3 0 10 4
Do. .. 50 1 0 9 12
Do. .. 51 2 0 27 12
Do. .. 52 2 0 36 12
Do. .. 96 1 0 35 0
Do. .. 97B 2 0 8 8
Do. .. 50 2 0 22 8
Do. .. 52 3 0 37 12
Do. .. 51 1 part 0 26 0
Do. .. 51 3 0 12 4
Do. .. 51 1 part 0 2 8
Do. .. 97B 1 0 10 0

H 4094—66a
 H-4094 (477-495) L-1
1888 : Bom. III] Mumbai Municipal Corporation Act 495

Village Survey No. Hissa No. Area

A. g. a.

Chembur .. N.A. 34 Part .... 0 22 0

Do. .. N.A. 34 Part .... 1 11 0
Do. .. 180 Part .... 0 8 4
Vadawli .. 90A
90B
S.S. III .... 6 2 8
Chembur .. 407 (part)
177 (part)
Vadawli .. S.S. III
part (120) .... 1 8 0
part (121) .... 0 10 0
part (122) .... 6 32 0
part (123) .... 1 20 0
Vadawli .. 90 part .... 0 4 0
Do. 177A
177 B 1 part
177 B 2 part .... 25 25 0
S.S. No. Ill
Chembur
Government Lands
Vadawli .. P.W.D. Bungalow . . . 0 16 12
S.S.III part .... 0 30 0
S.S. III part .... 0 16 0
C.S. Rly. part .... 2 32 0

LIST II
The areas within the limits of the following village :—
(1) Ambivali (exclusing the portion included in the former Parle-
Andheri Borough Municipality).
(2) Anik
(3) Asalpe (Asap)
(4) Bandivli (excluding the portion included in the former Parle-Andheri
Borough Municipality).
(5) Bapnala.
(6) Bhandup—Portion lying east of the G.I.P. Railway line.
(7) Brahmanwada.
(8) Chendavali.
(9) Hariali—Portion lying east of the G.I.P. Railway line.
(10) Kanjur—Portion lying east of G.I.P. Railway line.
 H-4094 (477-495) L-1
496 Mumbai Municipal Corporation Act [ 1888 : Bom. III

(11) Kirol—Khalai.
(12) Kole-Kalyan (excluding the portion included in the former Bandra
Borough Municipality and the Aerodrome Area).
(13) Kopri.
(14) Madh.
(15) Mahul.
(16) Manbudruk.
(17) Mandala.
(18) Munkhurd.
(19) Maravli.
(20) Mogre(excluding the portion included in the fromer Parel-Andheri
Borough Municipality).
(21) Mulgaon.
(22) Nanala.
(23) Parajpur.
(24) Paspoli.
(25) Pawai.
(26) Saki.
(27) Shahar.
(28) Tirandaz.
(29) Trombay.
(30) Tungve.
(31) Vadawli (excluding the area included in List I).
(32) Vikroli- -Portion lying east of the G.I.P. Railway line.
(33) Vyaroli.]
18. (1) Budget estimate “ D ” for the official year commencing on the first
day of April 1950 shall be prepared and placed before the corporation as
soon as may be and shall be adopted by the corporation before the expiry of
four months from the appointed date.
(2) It shall be competent for the Commissioner for a period not exceeding
four months from the appointed date to incur such expenditure in connection
with the municipal government of the suburbs as having regard to all the
provisions of the 1[Mumbai Municipal Corporation Act], he considers Bom. III
of 1888.
necessary and proper, subject to schedule of authorised expenditure under
major heads of account which shall be ” prescribed by the standing
committee :
Provided that such schedule shall cease to operate as soon as the
corporation finally adopts budget estimate “D ” for the official year
commencing on the first day of April 1950.
19. If any difficulty arises in giving effect to the provisions of the 1[Mumbai Bom. III
Municipal Corporation Act], the State Government may, as occasion arises, of 1888.
by order do anything which appears to it, necessary for the purpose of
removing the difficulty :
Provided that no order shall be made under this paragraph after the expiry
of two years from the appointed date.

1
These words were substituted for the words “ Bombay Municipal Corporation Act ”, by
Man. 25 of 1996, s. 2, Schedule.
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 497

FORM A
[See paragraph 12(b)]
Nomination paper
Name of local authority of which candidate,
proposer and seconder were councillors or
members.
Name of candidate. *
Father’s/Husband’s
————————Name.
Name of the proposer.
Name of the seconder.
Signature of the seconder.
Declaration by candidate.
I hereby declare that I agree to this nomination.
Date. (Signature of candidate.)
(To be filled in by the Commissioner.)
Certificate of Delivery.
Serial No.
This nomination paper was delivered to me at my office at (date and hour).

(Signature of Commissioner).

FORM B
[See paragraph 12(K)]
FORM OF BALLOT PAPER
Form of front of Ballot paper
COUNTERFOIL OUTERFOIL
Serial No.
Name of candidate Cross
Local authority
(enter the name of
authority from which
election is being made).
Name of voter.
Signature or thumb
impression of voter.
Note.—It is considered important that the
whole of the outerfoil of the ballot paper
should be taken up by the cage containing
the names of the candidates and spaces for
recording votes.
 H-4094 ( 496 -- 510) L-19
498 Mumbai Municipal Corporation Act [1888 : Bom. III

BACK OF OUTERFOIL.
1. You have Vote(s).
2. The vote is shown by a cross mark (x).
Each mark means one vote.
3. Do not put more than cross (es)
in all on the paper.
4. You may give all your votes to one
candidate or distribute them among
the candidates as you think fit.
Serial No.

[SCHEDULE FFA
1

[Section 28 of the Bombay Municipal (Further Extention of Limits and

Schedule BBA (Amendment) Act, 1956].
SPECIAL AND TRANSITORY PROVISIONS IN RELATION TO AREAS IN THE
EXTENDED SUBURBS.
(1) All proceedings pending on the date of the commencement of the
Bombay Municipal [Further Extension of Limits and Schedule BBA Bom.
(Amendment)] Act, 1956 (hereinafter in this Schedule referred to as ‘ the LVIII of
1956.
appointed day ’) before a local authority in the extended suburbs or before
any authority of such local authority which under the provisions of the
2
[Mumbai Municipal Corporation Act,] are required to be instituted before Bom. III
of 1888.
or undertaken by the Commissioner shall be deemed to be transferred to
and continued by him and all other such proceedings shall, so far as may be,
be deemed to be transferred to and continued by such authority before or by
whom they have to be instituted or undertaken under the provisions of the
said Act.
(2) All appeals pending before any authority of a local authority in the
extended suburbs at the appointed day shall, so far as may 3be practicable, be
disposed of as if the extended suburbs had been included in [Brihan Mumbai]
when they were filed.
(3) All prosecutions instituted by or on behalf of a local authority in the
extended suburbs and all suits or other legal proceedings instituted by or
against such a local authority or any officer of such a local authority pending
at the appointed day shall be continued by or against the Commissioner or
the Corporation, as the case may be, as if the extended suburbs had been
included in 3[Brihan Mumbai] when such prosecution, suit or proceeding
was instituted.
(4) (i) All rights of every local authority in the extended suburbs shall, on
the appointed day, vest in the corporation.
(ii) All sums due to any local authority in the extended suburbs whether
on account of any tax or any other account shall be recoverable by the
Commissioner and, for the purpose of such recovery he shall be competent
to take any measure or institute any proceeding which it would have been
open to the authority or officer of such local authority to take or institute if
the 2[Mumbai Municipal Corporation Act] had not come into force and the Bom. III
extended suburbs had not been included in 3[Brihan Mumbai.] of 1888.

(iii) All debts and obligations incurred and all contracts made by or on
behalf of any local authority in the extended suburbs immediately before the
appointed day and subsisting on the said day shall be deemed to have been Bom. III
incurred and made by the Commissioner in exercise of the powers conferred of 1888.
on him by the 2[Mumbai Municipal Corporation Act.]
1
Schedule FFA was added by Bom. 58 of 1956, s.28.
2
These words were substituted for the words “Bombay Municipal Corporation Act”, by Mah. 25 of
1996, s. 2, Sch.
3
These words were substituted for the words “Greater Bombay ”, by Mah. 25 of 1996, s. 2, Sch.
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 499

(iv) In respect of the rights, debts and obligations of the District School
Board of the Thana District and the District Local Board of Thana District
pertaining exclusively to the area subject to their respective authority
1
which is not included in [Brihan Mumbai], this paragraph shall apply as if
for the word “Corporation” and the word “ Commissioner ” the words “
District Schools Board of the Thana District or, as the case may be, the
District Local Board of the Thana District” were substituted and as if the
Bom. III reference made to the 2[Mumbai Municipal Corporation Act], had been a
of 1888. reference to the Bombay Primary Education Act, 1947, or, as the case may
Bom. LXI
of 1947. be, the Bombay Local Boards Act, 1923.
Bom. VI
of 1923.

(5) (i) Save as provided in section 349-E of the 2[Mumbai Municipal

Bom. III Corporation Act], any notification, notice, order, scheme, permit, licence,
of 1888.
permission, rule, bye-law or form made, issued or granted under the Bombay
Bom. III
of 1901. District Municipal Act, 1901, the Bombay Local Boards Act, 1923, the*
Bom. VI Bombay Village Panchayats Act, 1933, and the Bombay Primary Education
of 1923.
Bom. VI Act, 1947, before the appointed day shall, in so far as it is not inconsistent
of 1933.
Bom. LXI with the provisions of the 2[Mumbai Municipal Corporation Act], or the
of 1947. City of Bombay Primary Education Act, 1920, as the case may be, shall
Bom. III
of 1888. continue in force until it is superseded by any notification, notice, order,
Bom. XV
of 1920. scheme, permit, licence, permission, rule, bye-law, or form made, issued
Bom. III
of 1888.
or granted under the 2[Mumbai Municipal Corporation Act] or the City of
Bom Bombay Primary Education Act, 1920, as the case may be.
XV of
1920.

Bom. III (ii) All assessments, valuations, measurements and divisions made under
of 1901.
Bom. VI the Bombay District Municipal Act, 1901, the Bombay Local Boards Act,
of 1923.
Bom. I 1923, the Bombay Village Sanitation Act, 1889, or the* Bombay Village
of 1889. Panchayats Act, 1933, shall, in so far as they are consistent with the
Bom. VI
of 1933. provisions of the 2[Mumbai Municipal Corporation Act], be deemed to have
Bom. III made under that Act.
of 1888.
Bom. III
of 1888.

(iii) Subject to the provisions of sub-paragraphs (iv) to (ix) (both inclusive)

all officers and servants in the employ of any local authority in the extended
suburbs other than the District Local Board of the Thana District and the
District School Board of the Thana District immediately before the
appointed day, shall be officers and servants employed by the Corporation
under the 2[Mumbai Municipal Corporation Act], and shall be entitled to
terms and conditions of service not less favourable than those which they
enjoyed immediately before the appointed day in the service of the
respective local authorities.
(iv) It shall be competent for the Corporation or the Commissioner to
employ the said officer or servant in any capacity which, in the opinion of

1
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
2
These words were substituted for the words ‘ Bombay Municipal Corporation Act ’ by Mah. 25 of 1996 s. 2,
Schedule.
* See now the Maharashtra Village Panchayats Act, (III of 1959).
 H-4094 ( 496 -- 510) L-19
500 Mumbai Municipal Corporation Act [1888 : Bom. III

the Corporation or the Commissioner, is suitable, having regard to the

qualifications, experience and previous emoluments of the said officer or
servant, irrespective of the nature of the post held by the said officer or
servant before the appointed day.
(v) The service rendered by such officers and servants before the appointed
day shall be deemed to be service rendered in the service of the Corporation.
(vi) It shall be competent to the Commissioner in the case of officers and
servants whose monthly salary, exclusive of allowances, immediately before
the appointed day was not more than five hundred rupees, or to the
corporation in the case of other officers and servants,s to discontinue the
services of any officer or servant who in his or their opinion is not necessary
or suitable to the requirements or the municipal service, after giving such
officer or servant such notice as is required to be given by the terms and
conditions of his employment and every officer or servant whose services
are so discontinued shall be entitled to such leave, pension or gratuity he
would have been entitled to take or receive on being invalidated out of service
if the limits of the area subject to the authority of the corporation and other
municipal authorities had not been extended over the extended suburbs.
(vii) It shall be competent to the corporation to appoint the Chief Officers
of the Municipalities in the extended suburbs with effect from the appointed
day to any appointments under the corporation for which they are in the
opinion of the corporation qualified :
Provided that, unless a Chief Officer is so appointed he shall be given
such leave, pension or gratuity as he would have received had he been
invalided out of the service of the local authority concerned if the limits of
the area subject to the authority of the corporation and other municipal
authorities had not been extended over the extended suburbs.
(viii) The State Government may by order specify which officer or servant
or class of officers or servants in the employ of the District Local Board of
the Thana District or the District School Board of the Thana District
immediately before the appointed day shall be taken over in the employ of
the corporation, the District Local Board of the Thana District and the District
School Board of the Thana District. On the issue of such order, the
corporation, the District Local Board of the Thana District and the District
School Board of the Thana District shall comply with such order and the
provisions of sub-paragraphs (iii) to (vi) shall apply mutatis mutandis to such
officers and servants.
(ix) If any such officer or servant is aggrieved by any order passed by the
corporation, the District Local Board of the Thana District or the District
School Board of the Thana District, to the service of which such officer or
servant is transferred under this paragraph, such officer or servant may
appeal to the State Government.
(6)Every scheme of compulsion sanctioned or deemed to be sanctioned
Bom. LIX of under the Bombay Primary Education Act, 1947, and which is in force in any
1947.
area of the extended suburbs immediately before the appointed day shall
have effect as if a declaration has been made by the corporation in respect of
Bom. XV of such area under section 3 of the City of Bombay Primary Education Act,
1920. 1920.

Bom. I of (7)Notwithstanding anything contained in the Bombay Town Planning Act,

1915.
1915 or the Bombay Town Planning Act, 1954, any scheme made or sanctioned
Bom. XXVII
of 1955. or any proceedings undertaken in respect of any area in the extended suburbs
under any of the said Acts shall be deemed to have been made or undertaken
by or in respect of the corporation as a local authority under such Act.
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 501

Bom. (8) The provisions of the Bombay Local Fund Audit Act, 1930, shall continue
XXV of
1930. to apply in respect of the audit of the accounts of the local authorities in the
extended suburbs for the period upto the date immediately preceding the
appointed day and of all other matters connected with, or arising out of, such
audit as if the limits of the area subject to the authority of the corporation and
other municipal authorities under the 1[Mumbai Municipal Corporation Act],
Bom. III had not been extended over the extended suburbs :
of 1888.
Provided that all references in the said Act to the Chairman of the local
authority or to the local authority shall be deemed to be references to the
Commissioner.
(9) (i) The Corporation shall, within a period of six months from the appointed
day, divide the extended suburbs into such number of wards with such
boundaries as it may consider suitable and shall apportion seven councillors
among the said wards.
(ii) The wards so delimited, together with the wards into which the municipal
Bom. III area had been divided under section 24 of the 1[Mumbai Municipal Corporation
of 1888.
Act] read with paragraph 10 of Schedule FF to the Act immediately before the
appointed day shall subject to the provisions of sub-section (2) of the said section,
constitute the wards into which 2[Brihan Mumbai] is divided on and from the
appointed day for all purposes.
(iii) In the event of failure by the corporation to take action as required by
sub-paragraph (i) within the period prescribed therein, the State Government
may appoint some person for the purpose of taking such action and, on such
appointment the provisions of sub-section (3) of section 518 and of section 520
of the said Act shall apply, as far as may be.
3
[iv) When the wards are reconstituted under section 19 as amended by the
Mah. VII Bombay Municipal Corporation (Adoption of Assembly Rolls and Single-
of 1965.
Mah. Member -Constituencies], Act, 1964, 4[and the Bombay Municipal Corporation
XXXIII of (Third Amendment) Act, 1966, the foregoing provisions of this paragraph shall
1966.
cease to have effect].
XLIII of (10) (a) The electoral roll of the Bombay Legislative Assembly prepared
1950.
under the provisions of the Representation of People Act, 1950, and for the time
being in force for such part of the constituency of the Assembly as is included
in a ward delimited under sub-paragraph (i) of paragraph (9) shall be deemed
to be the list of voters of such ward.
(b) The officer designated by the Commissioner in this behalf shall prepare
a list of voters for each such ward.
(c) After the list of voters is prepared under sub-paragraph (b), such list—
(i) shall be deemed to be the ward roll of each such ward, and shall form part
of the municipal election roll, within the meaning of section 21 of this Act,
(ii) shall be liable to be revised in accordance with the provisions of this
Act, and
(iii) shall remain in operation till the 19th day of December 1960.
(11) The following special provisions shall apply for filling the seven seats
of councillors apportioned among the wards constituted or to be constituted
under paragraph (9) for the extended suburbs until the holding of the first
general ward elections of councillors next after the appointed day, namely :—
(a) The persons holding the office of councillor or member, as the case may be, of
the local authority specified in the following table on the date immediately preceding
the appointed day shall elect from amongst the councillors or members, as the case

1
These words were substituted for the words “ Bombay Municipal Corporation Act ” by
2
Mah. 25 of 1996, s.2, Schedule.
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s.2, Schedule.
3
This sub-paragraph was added by Mah. 8 of 1965, s.21.
4
These words, brackets and figures were inserted by Mah. 33 of 1966, s.7.
 H-4094 ( 496 -- 510) L-19
502 Mumbai Municipal Corporation Act [1888 : Bom. III

may be, of the respective local authority, the number of councillors shown
against it in the said table in the manner prescribed in paragraph (12) :—
Number of councillors to be
Name of the local authority. elected by the councillors
or members of the local authority.
1. Malad Municipality .. .. 2
2. Kandivali Municipality .. .. 1
3. Mulund Municipality .. .. 1
4. Dahisar Village Panchayat .. 1
(b) The corporation shall, as soon as conveniently may be, after the
councillors elected under sub-paragraph (a) have taken office, appoint in
such manner as it may determine two persons, one each from amongst the
persons who are enrolled in—
(i) the municipal election roll of the Borivali Municipality,
(ii) the list voters of the Goregaon Village Panchayat,
in operation on the date immediately before the appointed day to be
councillors, subject to the provisions of section 16 of the 1[Mumbai Municipal Bom. III
of 1888.
Corporation Act] :
Provided that if any of the other municipalities or other local authorities
happen to be superseded before the commencement of the Bombay Municipal Bom.
LVIII of
[(Further Extension of Limits and Schedule BBA) (Amendment)] Act, 1956, 1956.
the Corporation shall from amongst persons who are enrolled on the
municipal electoral roll or list of voters of such municipality or local authority
in operation immediately before the appointed day appoint such number of
persons to be councillors as are specified in respect of such municipality or
local authority in sub-paragraph (a) of this paragraph.
(12) With respect to the election of councillors for the purposes of sub-
paragraph (a) of paragraph (11) the following provisions shall have effect, namely
:—
(a) the Commissioner shall in respect of the election of councillors by the
councillors or members of each local authority specified in the said sub-
paragraph (a) within fifteen days of the appointed day, by advertisement in
the local news- papers fix a date for the nomination of candidates, a date,
time and place for the recording of votes in the event of contested elections,
and a date, time and place for the counting of votes :
Provided that the date fixed for the nomination of candidates shall not be
earlier than ten days after the date of the notice :
Provided further that a copy of the notice shall be sent by registered post
to the last known address of each person referred to in sub-paragraph (a) of
paragraph (11) concerned with the election ;
(b) the nomination paper shall be in Form AA appended hereto and shall
be signed and subscribed by two person entitled to vote at the election as
proposer and seconder and shall bear the signature of the person nominated
in token of his willingness to be so nominated ;
(c) every nomination paper signed and subscribed as aforesaid shall be
delivered in the Commissioner’s office before five O’clock in the afternoon of
the day fixed for the nomination of candidates ;
(d) each candidate must be nominated by a separate nomination paper,
but any person entitled to vote at an election may subscribe as many
1
These words were substituted for the words “ Bombay Municipal Corporation Act ” by Mah.
25 of 1996, s.2, Schedule.
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 503

nomination papers as there are vacancies to be filled but no more ;

(e) if any person subscribes more nomination papers than there are
vacancies to be filled, the nomination papers received after the receipt of the
maximum permissible number and subscribed by such person shall be deemed
to be invalid;
(f) if any person nominated is not eligible for election under paragraph
(11), the Commissioner shall declare such person’s nomination invalid ;
(g) if there is no valid nomination, it shall be deemed that there has been a
failure to elect in respect of the vacancy or vacancies in question ;
(h) if the number of valid nominations is less than that of the vacancies,
the persons validly nominated shall be deemed to be elected and for the
remaining vacancy or vacancies, it shall be deemed that there has been a
failure to elect ;
(i) if the number of valid nominations is the same as that of the vacancies,
the persons nominated shall be deemed to be elected ;
(j) if the number of valid nominations exceeds that of the vacancies, the
Commissioner shall by advertisement in the local newspapers publish the
names and descriptions of the persons validly nominated and votes shall be
taken for the election of councillors on the date fixed for the purpose ;
(k) votes shall be recorded by ballot in Form BB appended hereto and in
person and no votes shall be received by proxy ;
(l) no votes shall be recorded for any person whose name has not been
published under sub-paragraph (j) as being validly nominated ;
(m) every voter shall have as many votes as there are councillors to be
elected at the election and may give all such votes to one candidate, or may
distribute them amongst the candidates as he thinks fit ;
(n) the candidate, or where there is more than one councillor to be elected,
the candidates not exceeding the number of councillors to be elected who
have the greatest number of valid votes shall be declared to be elected :
Provided that where an equality of votes is found to exist between any
candidates and the addition of vote would entitle any of those candidates to be
declared elected, the determination of the candidate or candidates to whom
such additional vote shall be deemed to have been given shall be made by lot to
be drawn in the presence of the Commissioner in such manner as he shall
determine ;
(o) every candidate and not more than one representative of every
candidate authorised by him in this behalf shall be allowed to be present at
the counting of votes and shall be given reasonable opportunity, after the
ballot papers have been distributed for counting, to inspect without handling
the ballot papers and to question the correctness of the rejection of any ballot
paper ;
(p) in any matter not specifically provided for in this paragraph, the procedure
to be followed in respect of the election shall, as far as may be, in accordance with
the procedure followed in ward elections under the provisions of the 1[Mumbai Bom. III of
Municipal Corporation Act], and the rules made under section 29 thereof ; 1888.

(q) the result of every election shall be declared by fixing, as soon as may
be, in some conspicuous place on the chief municipal office a notice signed by
the Commissioner certifying the names of the candidates, if any, elected and
in the case of a contested election, the number of votes recorded for each
candidate ;
(r) the names of all candidates elected to be councillors under this paragraph
shall be published by the Commissioner in the Official Gazette and, on such,
publication such candidate shall be deemed to come into office.
(13) In the event of a failure to elect or in the event of the election of any
councillor being set aside and there being no other candidate who can be
1
These words were substituted for the words “Bombay Municipal Corporation Act” by Mah.
25 of 1996, s.2, Schedule.
 H-4094 ( 496 -- 510) L-19
504 Mumbai Municipal Corporation Act [1888 : Bom. III

deemed to be elected in his place, the corporation shall, in such manner as it

may determine, appoint a person who would have been eligible to be elected
as a councillor in the vacancy under sub-paragraph (a) of pragraph (11) to be
a councillor and such person shall be deemed for all purposes to have been
elected to be a councillor.
(14) Councillors elected or appointed under the provisions of paragraph
(11), (12) or (13) shall, subject to the provisions of the 1[Mumbai Municipal Bom. III
of 1888.
Corporation Act], hold office for the same period as the councillors who came
into office on the first day of April 1952 hold office.
(15) In the event of the office of any councillor elected or appointed under
the provisions of paragraph (11), (12) or (13) becoming vacant for any reason
before the expiry of the term specified in paragraph (14) the vacancy shall be
filled, as soon as may be by the election or appointment, as the case may be,
of a duly qualified person thereto and the provisions of paragraph (11), (12)
or (13) shall apply, as far as may be, to such election or appointment :
Provided that the office of any councillor becomes vacant within four
months of the date on which the term of office prescribed in paragraph (14) is
due to expire it shall not be necessary to fill scuh vacancy.
(16) (i) If any dispute arises regarding the validity of any election or
appointment held or made under the provisions of this Schedule, the
provisions of section 33 of the 1[Mumbai Municipal Corporation Act], shall Bom. III
of 1888.
apply, as far as may be, for the purpose of the determination of the dispute as
if the election or appointment were an election under the provisions of that
Act.
(ii) Every election or appointment not called in question in accordance
with the provisions of the said section shall be deemed to have been to all
intents a good and valid election or appointment.
(17) (i) For the period commencing on the appointed day and ending on the
31st day of March 1958, but subject to the provisions of sub-paragraphs (iii),
(iv) and (v), all taxes imposed by any local authority in the extended suburbs
and levied immediately before the said day within the limits of the area subject
to the local authority shall, unless the corporation otherwise determines,
continue to be levied and collected within such limits by the corporation in Bom. III
1 of 1888.
lieu of the taxes leviable under the [Mumbai Municipal Corporation Act],
and notwithstanding the absence of provision in the said Act for the levy of
any of the taxes leviable under this sub-paragraph, and for the purpose of the
assessment and collection of the taxes so leviable, the Commissioner shall
have all the powers which would be exercisable by a local authority, or any
authority or officer of a local authority, but for the coming into force of the
Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment) ] Bom.
LVIII of
Act, 1956; 1956.

(ii) Nothing in sub-paragraph (i) shall authorise the levy of any tax which
the State Legislature would not be competent to impose in the State.
(iii) Town duties shall be levied in accordance with the provisions of the Bom. III
of 1888.
1
[Mumbai Municipal Corporation Act], for the whole area of 2[Brihan Mumbai]
and no octroi or terminal tax shall be levied in any area in the extended suburbs
on and after the appointed day 3[until octroi is first levied under section 192 as
substituted by the Bombay Municipal Corporation (Second Amendment) Act, Mah.
XXXII of
1964.] 1964.

1
These words were substituted for the words “ Bombay Municipal Corporation Act ” by Mah.
25 of 1996, s. 2, Schedule.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2, Schedule.
3
This portion was added by Mah. 32 of 1964, s. 22.
(G.C.P.) H 4094–69 (000–12-2015)
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 505

(iv) The Corporation may, with the sanction of the State Government,
increase the rate of any tax levied under sub-paragraph (i) if at any time
during the period therein referred to it deems fit to do so for the purpose of
1
complying with the provisions of section 134 of the [Mumbai Municipal
Bom. III of
1888.
Corporation Act].
(v) The Corporation may, at any time after public notice of not less than
one month, levy taxes in the extended suburbs in accordance with the
provisions of the 1[Mumbai Municipal Corporation Act], and on and from the
Bom. III of date of the commencement of such levy, the provisions of sub-paragraph (i)
1888.
shall cease to operate in the extended suburbs or area or areas in the extended
suburbs, as the case may be, except for the purpose of collecting or assessing
any amount which became due prior to such date.
(18) (i) It shall be competent for the Commissioner for the period ending
on the 31st day of March 1957 to incur such expenditure in connection with
the municipal government of the extended suburbs as, having regard to all
the provisions of the 1[Mumbai Municipal Corporation Act], he considers
necessary and proper, subject to a Schedule of authorised expenditure under
Bom. III of major heads of accounts sanctioned by the Standing Committee within a
1888.
period of not more than two months from the appointed day.
Bom. III of (ii) Notwithstanding anything contained in the 1[Mumbai Municipal
1888.
Corporation Act] budget estimate F for the official year commencing on the
1st day of April 1957 shall be prepared and placed before the Corporation as
soon as may be after the appointed day and shall be adopted by the
Corporation on or before the 31st day of March 1957.
(19) (i) Subject to the provisions of this paragraph, with effect from the
1st day of April 1958, the property taxes shall be levied on buildings and
lands in the extended suburbs in accordance with the provisions of the
Bom. III of 1
[Mumbai Municipal Corporation Act].
1888.
(ii) On all buildings and lands in the areas forming part of the municipal
districts of Borivali, Kandivli, Malad and Mulund and the Village Panchayats
of Dahisar and Goregaon abolished by this Act, the general property taxes
shall be levied for the official year 1958-59 at the rates at which the
consolidated property tax was levied by the respective local authorities
immediately prior to their abolition.
(iii) In the case of any area mentioned in sub-paragraph (ii) if the rate so
levied is lower than the rate of general property tax in the city determined
under section 128 of the 1[Mumbai Municipal Corporation Act], the same
Bom. III of shall be raised in each case by 2 per centum each alternate year until the
1888.
same rate as is determined under section 128 is reached.
(iv) On all buildings and lands in the areas in the extended suburbs other
than those specified in sub-paragraph (ii) occupied for industrial purposes,
the general tax shall be levied at the rate of 14 per centum of their rateable
value; and the same shall be increased at the rate of 2 per centum of rateable
value every alternate year until the same rate as is determined under section
128 is reached.
(v) On all buildings and lands in the areas in the extended suburbs other than
2
those specified in sub-paragraph (ii) [which are not occupied for industrial
purposes] the general tax shall be levied at the rate of 6 per centum of their rateable
value and the same shall be increased every alternate year at the rate not
1
These words were substituted for the words “ Bombay Municipal Corporation Act ” by
Mah. 25 of 1996, s. 2, Schedule.
2
These words were substituted and shall be deemed to have been substituted on the date on which
Bom. LVIII of 1956 came into force for the words “ and occupied for residential purposes ” by Bom. 6
of 1959, s.6.
 H-4094 ( 496 -- 510) L-19
506 Mumbai Municipal Corporation Act [1888 : Bom. III

less than 1 per centum and not more than 2 per centum of rateable value as
may be determined by the Corporation from time to time until the same rate
as is determined under section 128 is reached.
1
[(va) in any area in the extended suburbs in which the urban immovable
property tax was being levied immediately before the commencement of the
Urban Immovable Property Tax (Abolition) and General Tax (Increase of Mah. XL
of 1962.
Maximum Rate) Act, 1962, it shall be lawful after such commencement for
the Corporation to increase the rate of the general tax on buildings and lands
in such area by an amount not exceeding five per cent. of the rateable value
of such buildings and lands. Such increase shall not affect the increases made
or to be made under the foregoing provisions of this paragraph.]
(vi) Without prejudice to any exemption admissible under sub-section (1) Bom. III
of 1888.
of section 143 of the 2[Mumbai Municipal Corporation Act], the buildings and
lands, the rateable value of which does not exceed rupees 75 in a year, shall
be exempted up to the 31st day of March 1965.
(20) If any difficulty arises in giving effect to the provisions of the Bombay Bom.
LVIII of
Municipal Corporation [Further Extension of Limits and Schedule BBA 1956.
(Amendment)] Act, 1956, the State Government may, as occasion arises, by
order do anything which appears to it necessary for the purpose of removing
the difficulty :
Provided that no order shall be made under this paragraph after the expiry
of two years from the appointed day.

FORM AA.
[See paragraph 12(b.)]
Nomination Paper.
Name of local authority of which candidate,
proposer and seconder were councillors or
members.
Name of candidate . . .. ..
Father’s/Husband’s
Name .. .. ..
Name of the proposer .. .. ..
Signature of the proposer .. ..
Name of the seconder .. ..
Signature of the seconder .. ..
Declaration by candidate.
I hereby declare that I agree to this nomination.

Date (Signature of candidate.)

(To be filled in by the Commissioner.)
Certificate of delivery.
Serial No.
This nomination paper was delivered to me at my office at (date and hour)....
........................................................

(Signature of the Commissioner.)

1
Sub-paragraph (va) was inserted by Mah.13 of 1963, s. 2.
2
These words were substituted for the words “ Bombay Municipal Corporation Act ” by Mah. 25 of
1996, s. 2, Schedule.
H 4094–69a
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 507

FORM BB.
[See paragraph 12 (K.)]
Form of Ballot Paper.
(Form of front of Ballot Paper.)
COUNTERFOIL OUTERFOIL
Serial No. ..................................................................
Name of candidate. Cross.
Local authority ..................................................................
(enter the name of authority
from which election is being
made). ..................................................................
Name of voter ..................................................................
..................................................................
Signature or thumb impression
of voter. ..................................................................
..................................................................
Note.—It is considered important that the
whole of the outerfoil of the ballot paper
should be taken up by the cage containing
the names of the candidates and spaces for
recording votes.

BACK OF OUTERFOIL.
1. You have vote(s).
2. The vote is shown by a cross mark (X).
Each mark means one vote.
3. Do not put more than ..........cross(es),
in all on the paper.
4. You may give all your votes to one
candidate or distribute them among the
candidates as you think fit.

Serial No.
 H-4094 ( 496 -- 510) L-19
508 Mumbai Municipal Corporation Act [1888 : Bom. III

[ SCHEDULE GG .
1

VALIDITY AND DATE OF OPERATION OF CERTAIN ORDERS

1. So soon as may be after a compulsory acquisition order or a clearance
order has been confirmed by the State Government, the Commissioner shall
publish simultaneously in the Official Gazette and in three or more
newspapers circulating within 2[Brihan Mumbai] a notice stating that the
order has been confirmed, and naming a place where a copy of the order as
confirmed and of the plan referred to therein may be seen at all reasonable
hours.
2. Any person aggrieved by such an order as aforesaid, or by the State
Government’s approval of a redevelopment plan or of a new plan may, within
six weeks after the publication of notice of confirmation of the order, or of
the approval of the plan, prefer an appeal to a Judge of the City Civil Court,
Bombay, whose decision shall be final.
3. Where any such appeal is duly made, the Court—
(i) may by interim order suspend the operation of the order or the approval
of the plan, either generally or in so far as it affects any property of the
appellant until the final determination of the appeal; and
(ii) if satisfied upon hearing of the appeal that the order or the approval of
the plan, is not within the powers of this Act or that the interests of the
appellant have been substantially prejudiced by any requirement of this Act
not having been complied with, may quash the order, or the approval of the
plan, either generally or in so far as it affects any property of the appellant.
4. Subject to the provisions of the last preceding clause the order, or the
approval of the plan, shall become operative at the expiration of six weeks
from the date on which notice of confirmation of the order or of the approval
of the plan is published in accordance with the provisions of this Act.
5. So soon as may be after compulsory acquisition order or a clearance
order has become operative the Commissioner shall serve a copy thereof on
every person on whom a notice was served by him of his intention to submit
the order to the State Government for confirmation.

SCHEDULE HH .
COMPULSORY ACQUISITION ORDERS.
1. A compulsory acquisition order shall describe by reference to a plan
the land to which it applies.
2. Before submitting the order to the State Government, the
Commissioner shall—
(a) publish simultaneously in the Official Gazette and in three or more
newspapers circulating within 2[Brihan Mumbai], a notice stating the fact of
such an order having been made and describing the area comprised therein
and naming a place where a copy of the order and of the plan referred to
therein may be seen at all resonable hours ; and

1
Schedules GG, HH and II were inserted by Bom. 34 of 1954, s. 34.
2
These words were substituted for the words “ Greater Bombay ” by Mah. 25 of 1996, s. 2
Schedule.
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 509

(b) serve on every person whose name appears in the Commissioner’s

assessment book as primarily liable for the payment of the property taxes
leviable under this Act on any land or building to which the order relates a
notice stating the effect of the order and that it is about to be submitted to
the State Government for confirmation and specifying the time (being not
less than twenty-one days) within which objections thereto can be made to
the Commissioner.
3. Upon compliance with the foregoing provisions with respect to the
publication and service of notices of the compulsory acquisition order, the
1
Commissioner shall submit to the [Improvements Committee] any objections
received under clause 2 of this Schedule and any suggestions he may wish to
make in that respect.
4. The 2[Improvements Committee] shall after consideration of any such
objections and suggestions made such modifications in respect of the order
as they think fit and the Commissioner shall thereafter submit the order as
2
modified by the [Improvements Committee] to the State Government for
confirmation.
SCHEDULE II.
(See section 354SA)
CONSTITUTION AND POWERS OF COMPENSATION TRIBUNAL
Constitution
1. (1) The Tribunal shall consist of a President and two assessors. of Tribunal.

(2) The President of the Tribunal shall be such Judge of the Bombay City
Civil Court as may, after consultation with the High Court, be selected by
the State Government.
(3) The assessors shall be appointed by the State Government.
(4) Each assessor of the Tribunal shall receive such remuneration as the
State Government may determine. The remuneration shall be paid by the
Corporation to the President of the Tribunal for distribution.
2 (1) The State Government may, by notification in the Official Gazette, Rules of
procedure to
make rules, not inconsistent with the Code of Civil Procedure, 1908, for the be made by
State Govern-
V of 1908. conduct of business by Tribunals established under this Act. ment.

(2) All such rules shall be subject to the condition of previous

publication.

Award of
3. (1) For the purpose of determining the award to be made by the Tribunal how
Tribunal under the Land Acquisition Act— to be deter-
mined.

(a) If there is any disagreement as to the measurement of land or the

amount of compensation or costs to be allowed or the determination of
betterment charges, the opinion of the majority of the members of the Tribunal
shall prevail ;

1
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 208 (a).
2
These words were substituted for the words “ Mayor-in-Council ” by Mah. 27 of 1999, s. 208 (b).
 H-4094 ( 496 -- 510) L-19
510 Mumbai Municipal Corporation Act [1888 : Bom. III

(b) questions relating to the determination of the persons to whom the

compensation is payable, or the apportionment of compensation, may be tried
and decided in the absence of the assessors, if the President of the Tribunal
considers their presence unnecessary; and, when so tried and decided, the
decision of the President shall be deemed to be the decision of the Tribunal ;
(c) notwithstanding anything contained in the foregoing clauses (a) and
(b), the decision on all questions of law and procedure shall rest solely with
the President of the Tribunal.
(2) The President of the Tribunal may obtain proof of facts by affidavits,
summon witnesses and enforce their attendance, may compel the production
of documents, issue commissions for the examination of witnesses by the
same means and (so far as may be) in the same manner as is provided in the V of
case of a Civil Court under the Code of Civil Procedure, 1908. 1908.

(3) The proceedings before the Tribunal shall be deemed to be the judicial XLV of
1806.
proceedings within the meaning of sections 193 and 228 of the Indian Penal
Code.]
1
[SCHEDULE JJ
(See sections 398, 406 and 461.)
I. Fibres— III. Pulses—contd.
(1) Cotton (ginned and unginned). (10) Kulthi.
(2) Sanhemp. (11) Spilts (Dal) of pulses.
(12) Masur.
II. Cereals— IV. Oilseeds—
(1)Wheat. (3) Groundnut (shelled and un-
(2) Paddy (husked and unhusked). shelled).
(3) Jower. (2) Linseed.
(4) Bajri (3) Sesamum.
(5) Nagli. (4) Safflower.
(6) Vari. (5) Ambadi.
(7) Kodra. (6) Cocoanut.
(8) Maize. (7) Cotton seed.
(9) Sarsav. (8) Castor seed.
(10) Bavto. (9) Khursani.
(11) Barely. (10) Niger seed.
(12) Banti.
(13) Chino.
V. Narcotics —
III. Pulses- Tobacco.
(1) Tur.
(2) Gram. VI. Gul, sugar and sugarcane.
(3) Udid.
(4) Mung. VII. Fruits —
(5) Val. (1) Mango.
(6) Chola. (2) Mossambi.
(7) Lang. (3) Santra.
(8) Math. (4) Lemon.
(9) Peas. (5) Banana.
1
This Schedule was inserted by Bom. 54 of 1955, s.12.
 H-4094 ( 496 -- 510) L-19
1888 : Bom. III] Mumbai Municipal Corporation Act 511

VII. Fruits—contd. IX. Animal Husbandry Products—

contd.
(6) Grapes. (7) Butter.
(7) Pomegranate. (8) Ghee.
(8) Fig. (9) Milk.
(9) Chickoo.
(10) Strawberry. X.Conditiments, spices and others—
(11) Melons. (1) Turmeric.
(12) Water Melon. (2) Ginger.
(13) Papaya. (3) Garlic.
(14) Guava. (4) Corriander.
(15) Bor. (5) Chillies.
(16) Falsa. (6) Cardamom and pepper.
VIII. Vegetables (7) Variali.
(1) Potato. (8) Betelnuts.
(2) Onion. (9) Betel leaves.
(3) Tomato. (10) Cashewnuts.
(4) Suran. (11) Cummin (Jiru).
(5) Leafy and fresh vegetables. (12) Rai.
(6) Yam. (13) Methi.
(7) Sweet potatoes. (14) Isabgul.
(8) Kechara.
XI. Grass and fodder.

IX. Animal Husbandry Products—

(1) Eggs. XII. Cattle Feed—
(2) Poultry. (1) Guwar.
(3) Cattle. (2) Punvad.]
(4) Sheep.
(5) Goat.
(6) Wool.

PRINTED AT GOVERNMENT CENTRAL PRESS, MUMBAI