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MMC Act Chapter 3

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126 Questions

What is one of the obligatory duties of the corporation according to the chapter?

Implementing economic and social development plans

What is one of the ways the corporation can provide public medical relief?

By establishing public hospitals and dispensaries

What is one of the corporation's duties regarding public places?

Naming streets and numbering premises

What is one of the measures the corporation can take to prevent the spread of diseases?

Vaccination programs

What is one of the corporation's duties regarding education?

Maintaining schools for primary education

What is one of the corporation's duties regarding public hygiene?

Scavenging and removing trash

What is one of the corporation's duties regarding infrastructure?

Maintaining public streets

What is one of the corporation's duties regarding environment?

Urban forestry and environmental protection

What is one of the corporation's duties regarding public safety?

Maintaining a fire brigade

What is one of the corporation's duties regarding real estate?

Maintaining public monuments

What amount shall the corporation provide to the State Government on the first day of every month?

Thirty-four thousand five hundred and forty-one rupees ten annas and eight pies

What is the purpose of the monthly payment of thirty-four thousand five hundred and forty-one rupees ten annas and eight pies by the corporation?

To maintain institutions specified in Schedule U

What is the condition for the corporation's liability in connection with institutions specified in Schedule U?

The corporation shall not be liable for further expenditure

Who has the power to give directions to the corporation regarding primary education?

The State Government

What is the significance of the recommendation made by an officer appointed by the State Government?

It is considered by the corporation

What is the purpose of the corporation's administration of aid to schools?

To aid primary schools complying with necessary conditions

What is the annual sum provided by the corporation to the Trustees of the Prince of Wales Museum of Western India?

Fifty thousand rupees

What is the purpose of clause 62C(1) of the given text?

To allow inspection of schools by State Government officers

What is the significance of a change in the general policy of the State Government regarding liability in respect of primary education?

The corporation shall benefit from the change in policy

What is the purpose of the Corporation's payment to the State Government under clause 62(1)?

To maintain institutions specified in Schedule U

What happens if the General Manager fails to carry out directives even within the extended period?

The Commissioner shall be entitled to act as if there has been a failure by the General Manager.

What is the role of the Brihan Mumbai Electric Supply and Transport Committee in relation to directives from the Commissioner?

It can restrain the General Manager from carrying out the directives.

What is the General Manager responsible for implementing?

Decisions of the Corporation, the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee and the Education Committee.

What must the Corporation or any Committee obtain before making any resolution?

Remarks of the Commissioner.

What can the Commissioner do if they think a resolution is against the provisions of any law?

Seek direction from the State Government.

How long does the State Government have to issue direction to the Commissioner in case of a reference?

45 days

What is the effect of the direction issued by the State Government?

It is binding on the Corporation or the concerned Committee.

What is one of the reasons why the Commissioner may seek direction from the State Government?

If the resolution is against the provisions of any law.

Under what circumstances can the Corporation assign the implementation of a scheme to an agency?

With the directions and terms and conditions determined by the State Government

Who shall place a report on the status of environment within Greater Bombay before the Corporation every year?

The Commissioner

What is the purpose of the report placed by the Commissioner before the Corporation?

To cover the status of environment within Greater Bombay

In the absence of whom shall one of the officials take immediate decisions?

The Commissioner or the Mayor

Who has the entire executive power for the purpose of carrying out the provisions of the Act?

The Commissioner

What is the role of the Commissioner in the event of an emergency?

To take immediate action and report to the Standing Committee or the Corporation

What are the Commissioner's duties with respect to municipal officers and servants?

To prescribe their duties and exercise supervision and control over them

What happens if the General Manager fails to perform his duties or exercise his powers?

The Commissioner gives directives to the General Manager

What is the time limit for the General Manager to carry out the directives given by the Commissioner?

The period specified on such directives or within such extended period as the Commissioner may permit

What is the maximum extended period that the Commissioner may permit?

Three months in the aggregate

What is the main purpose of the payments made by the corporation?

For the maintenance and treatment of pauper lunatics

For how long must a lunatic have resided in the city before the corporation is liable for their maintenance?

1 year

What is the maximum rate prescribed by the State Government for the corporation's payments?

Half the total cost

Who declares the suitable asylum, hospital, or house for the treatment of pauper lunatics?

The State Government

Under which act can the High Court receive an application concerning the maintenance of a lunatic?

The Indian Lunacy Act, 1912

Who is responsible for maintaining a clear account of the cost of maintenance and treatment of lunatics?

The officer-in-charge of the asylum

Which chapter of the Code of Criminal Procedure, 1898, is mentioned in the context of confinement orders?

Chapter XXXIV

What must the corporation be given an opportunity to show if an application is made to the High Court under section 88 of the Indian Lunacy Act, 1912?

That the lunatic has an estate applicable to his maintenance

Which activity listed does not need the previous sanction of the State Government?

Establishing or maintaining public parks

What is the specified purpose of contributing to a public trust under the Bombay Public Trusts Act, 1950?

Running a hospital for employees and their families

Which of the following is directly associated with urban poverty alleviation?

Slum improvement and upgradation

What is the maximum allowable expenditure for contributions towards public reception, ceremony, or entertainment during any official year?

One lakh of rupees

Which activity involves the preparation and presentation of addresses?

Addresses to persons of distinction

What is included in the welfare measures for Scheduled Castes and Tribes?

Alleviating their conditions as directed by the State Government

What must be provided to aid or maintain libraries and museums?

Any resources deemed fit by the corporation

Which item is specified under the corporation’s discretion related to transport?

Construction and management of tramways

Which activity involves the registration component handled by the corporation?

Marriage registrations

What can the corporation establish or maintain for educational purposes?

Libraries and museums

Within how many days must a committee consider and dispose a proposal from the Commissioner after the Municipal Secretary receives it?

45 days

What happens if the committee fails to consider a proposal within the given timeframe?

The proposal is deemed to have been approved

Who has the executive power to carry out the provisions of Chapter XVIA of the Act?

The General Manager

What action is the General Manager required to take in the event of an unforeseen event involving extensive damage or danger to human life?

Take immediate action justified by the emergency

Which committee can impose duties on the General Manager in connection with the Brihan Mumbai Electric Supply and Transport Undertaking?

The Brihan Mumbai Electric Supply and Transport Committee

What should the General Manager do immediately after taking emergency action?

Report the action and reasons to the Brihan Mumbai Electric Supply and Transport Committee

What is the restriction on the deemed sanction or approval of a proposal?

It must align with the Act and other laws in force

Which section defines 'budget grant' within the meaning of reporting unforeseen costs?

Section 130

What is the purpose of the Citizens' Charter as mentioned in Section 64A?

To specify the time limit for providing facilities or services to the public

What action will be taken if no final decision is taken within the specified period as mentioned in the Citizens' Charter?

The responsibility for inaction will be fixed on the concerned authorities

What is the timeframe for the Commissioner to prepare and publish the list of powers delegated to subordinate officers as mentioned in Section 64B?

One year from the commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010

How often will the list of powers delegated to subordinate officers and the levels of submission be updated as mentioned in Section 64B?

Annually on the 1st of April

What is the objective of limiting the levels of submission for any matter as mentioned in Section 64B?

To increase the efficiency of the decision-making process

What is the consequence of not taking a final decision within the specified period as mentioned in Section 64A?

An action will be taken against the concerned authorities

What happens if the Commissioner declares that immediate compliance with a requisition would be prejudicial to the interests of the corporation or the public?

The Commissioner can defer compliance until a later meeting

What is the purpose of the committee formed by the corporation in the event of a requisition?

To determine whether the requisition should be kept secret

What is the role of the City Engineer in relation to the Commissioner?

The City Engineer is the Commissioner's subordinate

In what circumstances can the Commissioner defer compliance with a requisition?

If the Commissioner believes it would be prejudicial to the corporation or public

What is the effect of the committee's decision regarding the requisition?

The decision is binding on the Commissioner and the corporation

What is the role of the General Manager in relation to the Brihan Mumbai Electric Supply and Transport Undertaking?

The General Manager is responsible for the undertaking

What happens if the Commissioner fails to comply with a requisition?

The corporation can elect a committee to investigate

What is the purpose of the provision regarding the Brihan Mumbai Electric Supply and Transport Undertaking?

To modify the application of certain provisions

What is the minimum number of days' notice required to be given to the Municipal Secretary for a question to be asked?

Seven

Who decides whether a question is within the restrictions imposed by sub-section (1)?

The Mayor

What is the maximum number of matters that can be raised at a sitting?

Two

What is the time limit for the General Manager to furnish information to the Commissioner?

Without unreasonable delay

Who can give notice of raising a discussion on a matter of urgent public importance?

Any Councillor

What is the minimum number of signatures required to support a notice of discussion?

Two

Who shall place a statement or answer a question raised by a Councillor?

The Commissioner

What is the priority given to matters raised by Councillors?

Urgency and importance

What is the purpose of a Councillor giving notice to the Commissioner?

To ask a question

When shall the General Manager furnish information to the Commissioner?

Without unreasonable delay

What is the time limit for disposing of immediate files?

One day

What happens if a Municipal Officer or servant willfully delays or neglects their official duties?

They will be liable for disciplinary action

What is excluded from the application of Section 64C?

Sub-judice matters, cases related to Lokayukta, quasi-judicial matters, and cases related to Central or State Governments and Legislation

What can the Corporation call for at any time?

Extracts from any proceedings of any Committee

What can the Commissioner be required to produce at any time?

Any record or document related to the Corporation

What is the time limit for disposing of files not required to be referred to any other Department or Statutory Committee?

Forty-five days

What happens if a Municipal Officer or servant is found guilty of dereliction of duties?

They will be liable for disciplinary action

What is the purpose of the report submitted by the Commissioner to the Corporation?

To inform the Corporation about the administration of the Act

What can the Corporation require the Commissioner to furnish at any time?

Any return, plan, estimate, statement, account, or statistics

What is the maximum time limit for disposing of files required to be referred to any other Department but not to any Statutory Committee?

Three months

What is a condition for the exercise of power or performance of duty that involves expenditure?

Having a current budget grant

Who can exercise, perform, or discharge the powers, duties, and functions conferred or imposed upon the Corporation?

Any municipal officer to whom such power, duties or functions are delegated

What happens if the Corporation's sanction to the General Manager is not given within thirty days?

The sanction is deemed to have been given

Who can be empowered by the State Government to exercise, perform, and discharge the powers, duties, and functions conferred or imposed upon the Commissioner?

Any Government officer holding or having held an office not lower in rank than that of Additional Collector

What is the minimum amount of expenditure required for a contract to need approval from the Standing Committee?

Seventy-five lakh rupees

What is the time limit for the Commissioner to report a contract exceeding five lakh rupees to the Standing Committee?

Fifteen days

Who shall make contracts on behalf of the Corporation?

The Commissioner

What is the maximum amount of sanctions granted by the Mayor during a year?

Seven crore fifty lakh rupees

What is the condition for the Commissioner to make a contract exceeding rupees fifty lakhs but not exceeding rupees seventy-five lakhs?

Prior approval of the Corporation

What is the purpose of section 68?

To delegate powers to municipal officers

What is the time limit for the Standing Committee to consider and dispose of proposals made by the Commissioner?

Thirty days

What is the purpose of sealing a contract with the common seal of the corporation?

To bind the Commissioner

What is the consequence if the Corporation fails to provide for expenditure under a current budget grant?

The Corporation's liability for such expenditure shall not be incurred

What is the minimum amount of expenditure required for a contract to be in writing and sealed with the common seal of the corporation?

Fifty thousand rupees

Who shall direct that the powers, duties, and functions conferred or imposed upon the Commissioner may also be exercised, performed, and discharged by subordinate officers?

The Commissioner

What is the purpose of section 69?

To regulate the Corporation's contracts

What happens if the Standing Committee fails to consider and dispose of proposals made by the Commissioner within the specified time?

The proposal is deemed to be approved

What is the manner of variation or discharge of a contract entered into by the Commissioner?

In the same manner as the original contract

In what circumstances can the Commissioner dispense with the execution of a written instrument?

If the work has already been performed or the materials or goods have already been supplied to his satisfaction

Who are the persons authorized to sign a contract or instrument on behalf of the corporation?

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

What is the minimum amount of expenditure that requires the Commissioner to give notice by advertisement in the local newspapers, inviting tenders for a contract?

Three lakh rupees

Under what circumstances can the Commissioner accept a tender which may be made in pursuance of the notice?

If the tender appears to him, upon a view of all the circumstances, to be the most advantageous

Who can authorize the Commissioner to enter into a contract without inviting tenders or without accepting any tender received?

The Standing Committee or the Education Committee

What is the maximum amount of expenditure up to which the Commissioner can enter into a contract with unemployed Engineers without inviting tenders?

Five lakh rupees

What is the purpose of the Commissioner requiring sufficient security for the due performance of every contract?

To ensure the due performance of the contract

In whose presence shall the common seal of the corporation be affixed to every contract or instrument?

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

What is the consequence of not executing a contract as provided in subsection (2) of section 71?

The contract is not binding on the corporation

In which cases can the Commissioner enter into a contract without requiring sufficient security for the due performance of the contract?

In no cases

Study Notes

Duties and Powers of the Municipal Authorities

Obligatory Duties of the Corporation

  • The corporation is responsible for making adequate provisions for:
    • Construction, maintenance, and cleansing of drains, drainage works, public latrines, and urinals
    • Planning for economic and social development, urban forestry, environmental protection, and ecological aspects
    • Construction and maintenance of water supply works for public and private purposes
    • Scavenging and removal of waste, and reclamation of unhealth localities
    • Regulation of places for disposal of the dead and provision of new places
    • Registration of births and deaths
    • Public vaccination and measures for preventing and checking the spread of diseases
    • Establishment and maintenance of public hospitals, dispensaries, and other measures for public medical relief
    • Construction and maintenance of public markets, slaughter-houses, and regulation of all markets and slaughter-houses
    • Regulation of offensive and dangerous trades
    • Entertainment of a fire-brigade and protection of life and property in case of fire
    • Securing or removal of dangerous buildings and places
    • Construction, maintenance, alteration, and improvement of public streets, bridges, and other public infrastructure
    • Lighting, watering, and cleansing of public streets
    • Removal of obstructions and projections in or upon streets, bridges, and other public places
    • Naming of streets and numbering of premises
    • Maintenance of municipal office and public monuments and other property

Discretionary Duties of the Corporation

  • The corporation may provide for:
    • Slum improvement and upgradation
    • Urban poverty alleviation
    • Furtherance of educational objects
    • Establishment, aiding, or maintaining libraries, museums, art galleries, botanical or zoological collections
    • Laying out or maintenance of public parks, gardens, or recreation grounds
    • Planting and care of trees on roadsides and elsewhere
    • Surveys of building or lands
    • Registration of marriages
    • Taking of a census of the population
    • Preparation and presentation of addresses to persons of distinction
    • Providing music in public places or places of public resort
    • Construction, purchase, organization, maintenance, extension, and management of tramways, trackless trams, or mechanically propelled transport facilities
    • Purchase, maintenance, management, and conduct of any undertaking for the supply of electric energy or gas to the public
    • Acquisition of immovable or movable property for any of the above purposes
    • Subscribing to the share capital of any company or co-operative society
    • Welfare measures for the Scheduled Castes, Scheduled Tribes, Vimukata Jatis, and Nomadic Tribes
    • Making any contribution towards any public reception, ceremony, or entertainment
    • Making any contribution to a public trust registered under the Bombay Public Trusts Act, 1950

Respective Functions of the Municipal Authorities

  • The respective functions of the municipal authorities and committees are specified in the Act
  • The municipal government of Brihan Mumbai vests in the Corporation
  • The Commissioner has the power to take immediate action in cases of emergency, and report to the Standing Committee or the Corporation afterwards### Committee Approval and Sanction
  • The committee must consider and dispose of proposals within 45 days of the meeting held immediately after the proposal is received by the Municipal Secretary.
  • If the committee fails to do so, the sanction or approval to the proposal shall be deemed to have been given.
  • The Commissioner shall report the deemed sanction or approval to the corporation.

Executive Power and Responsibilities

  • The General Manager has the executive power to carry out the provisions of Chapter XVIA, subject to the approval of the Corporation and the Brihan Mumbai Electric Supply and Transport Committee.
  • The General Manager shall perform duties and exercise powers imposed or conferred by the Act.
  • The General Manager shall prescribe duties of, and exercise supervision and control over, municipal officers and servants appointed under Chapter XVIA.
  • The General Manager shall dispose of questions related to the service of officers and servants, including pay, privileges, and allowances.

Emergency Powers

  • In the event of a sudden accident or unforeseen event, the General Manager may take immediate action to prevent damage to property or danger to human life.
  • The General Manager shall report the action taken to the Brihan Mumbai Electric Supply and Transport Committee, including the reason for taking the action and the cost incurred.

Prevention of Delay in Discharge of Official Duties

  • The Commissioner shall prepare and publish a Citizens' Charter, a list of facilities or services rendered by the Office or Department, together with the time limit for providing such facilities or services to the general public, within six months from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010.
  • If no final decision is taken within the period specified in the Citizens' Charter, the responsibility for inaction shall be fixed on them, and action shall be taken against them.

Delegation of Powers

  • The Commissioner shall publish the list of powers delegated to the subordinate officers working under him, for taking final decisions.
  • 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.

Discharge of Official Duties

  • Every Municipal Officer and servant shall be bound to discharge his official duties and the official work assigned or pertaining to him most diligently and as expeditiously as feasible.
  • 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.
  • Immediate and urgent files shall be disposed of by any Municipal Officer or servant as per the urgency of the matter, as expeditiously as possible.

Accountability

  • Any wilful 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 appropriate disciplinary action.

Exemptions

  • Nothing in this section shall apply to sub-judice matters, cases referred to Lokayukta or Upa-Lokayukta and other Constitutional institutions, Commissions, etc., quasi-judicial matters, cases related to the Central or other State Governments, cases related to Legislation, and cases involving major policy decisions.

Powers of the Corporation

  • The Corporation may at any time call for extracts from any proceedings of any Committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such Committee is empowered by or under this Act to deal.
  • The Corporation may at any time require the Commissioner to produce any record, correspondence, plan or other document, furnish any return, plan, estimate, statement, account or statistics, or furnish a report.

Provisions Regarding Confidentiality

  • If the Commissioner declares that immediate compliance with a requisition would be prejudicial to the interests of the corporation or of the public, he may defer compliance until a time not later than the second ordinary meeting of the corporation after he shall have declared as aforesaid.

Questioning the Commissioner

  • A councillor may question the Commissioner, who shall answer any question concerning or connected with the administration of this Act or the Municipal Government of Brihan Mumbai.
  • No question shall be asked which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical proposition, or 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 the territory of India.

Discussion on Matters of Urgent Public Importance

  • Any councillor may give notice of raising discussion on a matter of urgent public importance to the Municipal Secretary, specifying the matter to be raised.

Statements by the Commissioner

  • Any councillor may ask for a statement to be made by the Commissioner on an urgent matter relating to the administration of the Corporation by giving a notice to the Commissioner at least one hour before the commencement of the sitting on any day.### Tender Notices and Contract Procedures

  • For contracts not exceeding ₹3 lakh, the notice of tender must be uploaded on the corporation's official website.

  • The Commissioner is not bound to accept any tender but may accept the most advantageous one based on all circumstances.

Exception to Tender Procedures

  • The standing committee or Education Committee may authorize the Commissioner to enter into a contract without inviting tenders or accepting any tender received.
  • This authorization must be recorded in the committee's proceedings with reasons stated.

Contracts with Unemployed Engineers

  • The Commissioner may enter into contracts with unemployed engineers for work involving expenditure up to ₹5 lakh, subject to terms and conditions set by the State Government.
  • These terms and conditions must include qualification, experience, and registration requirements for unemployed engineers.
  • The Corporation may also specify additional terms and conditions, as long as they are not inconsistent with the State Government's terms.

Security for Contract Performance

  • The Commissioner must require sufficient security for the due performance of every contract entered into under section 72.
  • The Commissioner may, in their discretion, require security for the due performance of any other contract entered into under this Act.

Exemption from Contract Procedures

  • Sections 69 to 73 do not apply to contracts made under Chapter XVI-A of this Act.

This quiz covers the duties and powers of municipal authorities, including obligatory and discretionary duties, construction, and maintenance of public facilities.

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