406 Questions
How many councillors are directly elected at ward elections?
227
What is the name of the corporation?
The Municipal Corporation of Brihan Mumbai
How many nominated councillors can be nominated by the Corporation?
5
What is the purpose of section 5A?
To reserve seats for SC/ST/OBC
Who nominates the councillors having special knowledge or experience in Municipal Administration?
The Corporation
What is the name of the undertaking mentioned in the text?
Brihan Mumbai Electric Supply and Transport Undertaking
How many types of committees are mentioned in the text?
7
When does the provision of section 5 (1) come into effect?
After the expiry of the existing term of the Corporation
What is the basis for reserving seats for the members belonging to the Scheduled Castes in the Corporation?
The proportion of Scheduled Castes in the total population of Brihan Mumbai
What percentage of seats are reserved for the Backward Class of citizens?
Twenty-seven per cent.
What is the provision for women belonging to the Scheduled Castes?
One-half of the total number of seats reserved for the Scheduled Castes
What happens to the reservation of seats under sub-sections (2) and (3) after a certain period?
It ceases to have effect
How are the reserved seats allotted to different wards?
By the State Election Commissioner
What is the total percentage of seats reserved for women?
One-half of the total number of seats
What is the provision for women belonging to the Backward Class of citizens?
One-half of the total number of seats reserved for the Backward Class of citizens
What is the basis for reserving seats for the members belonging to the Scheduled Tribes in the Corporation?
The proportion of Scheduled Tribes in the total population of Brihan Mumbai
Where are the names of all persons elected to be councillors published?
By the State Election Commissioner in the Official Gazette
Who is entitled to vote at a ward election?
A person enrolled in the municipal election roll as a voter of the ward
What is the minimum age requirement to be elected as a councillor?
25 years
What is the disqualification period for a person convicted of an offence punishable under section 153A of the Indian Penal Code?
6 years
Who is disqualified from being elected as a councillor?
All of the above
What is the exception to the disqualification rule for having more than two children?
If the children are born in a single delivery
Who is not disqualified from being elected as a councillor?
A person who is less than 25 years old
What is the disqualification period for a person removed from office?
5 years from the date of removal
Who is disqualified from being elected as a councillor due to their profession?
The Commissioner, Director, or a Municipal Officer or servant
What is the disqualification period for a person convicted of an offence involving moral turpitude?
Until a period of 6 years has elapsed since the date of conviction
What is required to be submitted along with the nomination paper for a seat reserved for Scheduled Castes, Scheduled Tribes or Backward Class of Citizens?
Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee
What is the time period within which a person who has applied for the verification of his Caste Certificate must submit the validity certificate?
Six months from the date of his election
What happens if a person fails to produce the validity certificate within the specified time period?
His election will be deemed to have been terminated retrospectively
What is the duration of the Corporation?
Five years from the date of its first meeting
What happens to the term of office of the councillors when the Corporation ceases to exist?
It comes to an end
What happens when a person ceases to be a councillor?
He vacates any office held by him on any Committee of the Corporation
What happens in the event of a casual vacancy in the office of a councillor?
The vacancy is filled up by the election of a person thereto
What is the condition under which an election to fill up a casual vacancy will not be held?
If the vacancy occurs within six months preceding the date on which the term of office of the councillor expires
What happens to a person who ceases to be a councillor due to the expiry of the term of office of the Corporation?
He is re-eligible to be a councillor
What is the status of a person who has been elected to be a councillor but who has not accepted the office?
He is deemed to have vacated the office
What is the maximum duration within which a trustee must serve a special notice on the corporation?
Three months
Which type of share or interest in a contract disqualifies a councillor?
Interest in any leave or license agreement
Under what condition does a municipal pensioner not have a share or interest in employment with the corporation?
By reason of their pension only
Which scenario allows a councillor to avoid disqualification related to professional capacity?
By offering free services for enforcing civic rights
What is the special consideration given to a councillor who is also a Member of the State Legislature or Parliament?
Their current term as a councillor remains valid
During which dates was any action taken by a councillor deemed valid despite disqualification?
From 7th October 2001 to the 20th October 2001
What condition disqualifies a councillor related to professional capacity?
Retained or employed in any professional capacity with interest in corporation matters
What is not considered a share or interest in employment by a person with the corporation?
Having a relative employed by the corporation
What is the consequence if a Councillor is found guilty of misconduct in the discharge of their official duties?
They will be disqualified from being elected as a Councillor for a period of six years from the date of the order.
What is the definition of 'leave' or 'licence' in the context of a Councillor's share or interest?
A licence as defined in section 52 of the Indian Easement Act, 1882
Under what circumstances is a Councillor not deemed to have a share or interest in a lease or agreement?
If the Councillor has not acquired the share or interest by using their position or office
What is the consequence if a person is found to be guilty of misconduct while holding the office of the Mayor or Deputy Mayor?
They will be disqualified from being elected as a Councillor for a period of six years
Who has the power to disqualify a Councillor found guilty of misconduct?
The State Government
What is the period for which a person will be disqualified from being elected as a Councillor if they are found guilty of misconduct?
Six years
A councillor will be disqualified for being a councillor if they have constructed or helped in constructing any illegal or unauthorised structure violating the provisions of which Acts?
This Act or the Maharashtra Regional and Town Planning Act, 1966
A councillor will cease to hold office if they are disqualified under the Maharashtra Local Authority Members’ Disqualification Act, 1986 for being a councillor. What happens to their office?
It remains vacant
If the State Election Commission is satisfied that a person has failed to lodge an account of election expenses within the time and in the manner required, what can the Commission do?
Declare them disqualified for being a councillor for a period of three years
What is the consequence if a councillor absents himself during three successive months from the meetings of the corporation?
Their office becomes vacant
What is the condition under which a councillor is not disqualified for having a share or interest in a contract or employment?
If they receive fee for attendance at meetings of the Brihan Mumbai Electric Supply and Transport Committee
What is the period of disqualification for a person who fails to lodge an account of election expenses?
Three years
Under what condition can the State Election Commission remove any disqualification under sub-section (1E) or reduce the period of any such disqualification?
For reasons to be recorded
A councillor will cease to be a councillor if they are absent during how many successive months from the meetings of the corporation?
Twelve months
What happens to a councillor's office if they become disqualified for being a councillor?
It becomes vacant
Under what condition is a councillor not disqualified for having a share or interest in employment with the corporation?
If they are a municipal pensioner
What happens to a candidate’s nomination for other wards if they opt to stand as a candidate at the contested election?
It is declared null and void.
What is the deposit amount required for a candidate from Scheduled Castes, Scheduled Tribes, Backward Class of Citizens, or women?
Two thousand and five hundred rupees
Within how many hours must a candidate choose the ward they will serve if nominated for multiple wards?
Twenty-four hours
Under what condition is a candidate's deposit forfeited to the corporation?
If they secure fewer than one-eighth of the total valid votes
What must a candidate do to withdraw their intention to contest the election?
Provide written notice within three days
Who decides for which ward a candidate will serve if they fail to make a timely choice?
The Commissioner
What is required for a candidate to be considered duly nominated for a ward election?
Making a cash deposit
In what scenario is a candidate’s deposit returned if they are not elected?
If they secure votes exceeding the specified number
What happens to a deceased candidate's deposit if the candidate made it themselves?
It is returned to their legal representatives
Who receives the deposit back if the candidate withdraws from the election with due notice?
The person by whom it was made
What is the required time frame for notification before a ward election?
Seven days
Who is responsible for publishing the draft notification regarding ward elections?
The State Election Commissioner
What happens if a candidate validly nominated signifies their intention not to contest the election after the date of election?
The remaining validly nominated candidate is elected uncontested
How is the Assembly roll divided for ward elections?
Into sections corresponding to the different wards
When must objections or suggestions to the draft notification be received?
Before the final notification is published
What happens if a person is deemed elected as councillor for more than one ward?
They can choose which ward to serve
What must the notice of election be published in, along with the Official Gazette?
Local newspapers
Who will fix the dates of general elections of councillors and elections to fill casual vacancies?
The State Election Commissioner
What is specified in the notice published along with the draft notification?
The date for receiving objections or suggestions
What happens if more than one valid nomination is received for a ward?
A contested election is held
Who can apply to the Chief Judge of the Small Cause Court if a councillor's disqualification is in question?
The councillor in question or any other councillor, or the Commissioner at the corporation's request
What must occur before the State Government can remove a councillor from office on its own motion?
A one month period for the Corporation to take necessary action
For how long is a councillor disqualified from re-election if removed by the State Government?
Five years
Who has the authority to oversee the conduct of elections to the Corporation?
The State Election Commission
What power does the State Election Commissioner have regarding the delegation of duties?
The Commissioner can delegate powers to any officer of the State Government or the Corporation not below the rank of Deputy Collector or Ward Officer
What role do officers and staff have in elections under the Act or rules?
They function under the superintendence, direction, and control of the State Election Commissioner
What can the State Election Commissioner issue to ensure fair and free elections?
Special or general orders or directions that are not inconsistent with the Act's provisions
What measures can the State Election Commissioner take to prevent impersonation of electors during an election?
Issue directions to presiding officers to instruct electors to produce photo identity cards
Who is responsible for dividing the area into wards and specifying their boundaries for Corporation elections?
The State Election Commissioner
On what basis should wards be divided for Corporation elections?
To ensure wards are compact areas and have approximately the same population based on the latest census
When does a poll take place in a ward election?
On any day, being a day not earlier than the twenty-first day, after the day fixed for the election
What is the purpose of publishing the names of nominated candidates in the Official Gazette?
To inform the voters about the candidates
What is the punishment for canvassing for votes on the date of poll?
Fine which may extend to two hundred and fifty rupees
What happens to the deposit made by a candidate who is nominated in more than one ward?
Only one deposit is returned, and the rest are forfeited
What is the duration of the period within which the names of nominated candidates must be published?
At least three days before the day of the poll
What is the purpose of displaying the names of nominated candidates on the notice-board of each ward office?
To inform the voters about the candidates
What is prohibited within a distance of one hundred yards of the polling station on the date of poll?
Canvassing for votes, soliciting the vote of any voter, and other specified acts
What is the consequence of contravening the provisions of section 27A?
Fine which may extend to two hundred and fifty rupees
What is the method of voting in a ward election?
By ballot or electronic voting machine
What happens if a person votes in more than one ward in a general election?
Their vote will be void in all wards
Who is responsible for determining the winner in the event of a tie between candidates?
The State Election Commissioner
What is the consequence of a person being removed from a polling station for misconduct?
They will be fined up to Rs. 250
Who can remove a person from a polling station for misconduct?
The Presiding Officer or any police officer
What happens if a person re-enters a polling station without permission after being removed?
They will be fined up to Rs. 250
What is the purpose of section 27C?
To regulate the conduct of voters at polling stations
What happens if a candidate is elected councillor for more than one ward?
They will be allowed to choose which ward to represent
In a ward election, what is the maximum number of times a person can vote in the same ward?
Once
What happens if a person votes in more than one ward in a general election?
Their votes in all wards are void
Who determines the person to whom an additional vote shall be deemed to have been given in case of an equality of votes?
The State Election Commissioner
What happens if a candidate is elected councillor for more than one ward?
They have to choose one ward within three days
What is the punishment for contravening the provisions of secrecy of voting?
Imprisonment for a term which may extend to three months or with fine or with both
What is the role of the person who performs any duty in connection with the recording or counting of votes at an election?
To maintain and aid in maintaining the secrecy of voting
What is the purpose of section 28B?
To prevent the furtherance of the prospects of the election of a candidate
What happens when a candidate is declared elected for a ward?
The votes recorded for the candidate in any other ward are declared void
Who declares the result of the poll specifying the total number of valid votes given for each candidate?
The State Election Commissioner
What is the punishment for contravening the provisions of subsection (1) or subsection (2) of section 28B?
Imprisonment for a term which may extend to six months or with fine or with both
Who can arrest a person committing an offence under section 28D?
The presiding officer of a polling station
What is the punishment for an offence under section 28E if the person is a presiding officer or other officer employed on official duty?
Imprisonment for a term which may extend to two years or with fine or with both
What is the term used to describe the duties imposed on persons by or under the Act, but not including duties imposed otherwise than by or under the Act?
Official duty
Who are the persons to whom section 28C applies?
Presiding officers, polling officers, and any other person or officer appointed, designated or empowered to perform duties in connection with an election
What is the consequence if a person is found guilty of an offence under section 28D?
Imprisonment for a term which may extend to one year or with fine or with both
Can a police officer search a woman who is suspected of committing an offence under section 28D?
Yes, but only by another woman
What is the term used to describe the persons who may be arrested and searched for committing an offence under section 28D?
Any person
What happens to a ballot paper found on a person arrested under section 28D?
It is made over to a police officer for safe custody
Is an offence under section 28D cognizable?
Yes
Which method is used for casting votes in the contested ward elections?
By electronic voting machine
What happens if a person votes in more than one ward during a general election?
Their votes in all such wards shall be void
How is the decision made in the event of an equality of votes between candidates?
A lot is drawn in the presence of the State Election Commissioner
What is the consequence if a person votes multiple times in the same ward?
All their votes in that ward are void
Who is responsible for removing a person who misbehaves at a polling station?
The presiding officer or any authorized person
What shall be the punishment if a person, removed from a polling station for misconduct, re-enters without permission?
A fine extending to two hundred and fifty rupees
What happens if a candidate is elected councillor for more than one ward?
The candidate must choose a ward within three days
Who is deemed to be elected in a ward election?
The person with the greatest number of valid votes
What is the maximum fine for holding a public meeting in a polling area within 48 hours before the poll concludes?
Two hundred and fifty rupees
What type of apparatus is prohibited within or near a polling station on polling day?
Megaphone
Who can direct the arrest of a person believed to be committing an offence under section 27B?
The presiding officer
What is the maximum punishment for a person who re-enters a polling station after being removed?
Two hundred and fifty rupees fine
Who has the authority to remove a person from a polling station if they misconduct themselves?
The presiding officer
Under what circumstance can a police officer use force at a polling station?
To prevent contravention of subsection (1) of Section 27B
What action can be taken against someone who causes annoyance at a polling station using a loudspeaker?
Punish with a fine extending to two hundred and fifty rupees
What is the nature of the offence if someone re-enters a polling station without permission after being removed?
Cognizable
What is considered as being 'on official duty' under this Act?
Counting of votes or being responsible for used ballot papers and documents
What is considered as a corrupt practice under this section?
Offering money to influence a voter's decision
Which of the following is NOT considered a corrupt practice under this section?
Using a public transport vehicle to go to a polling station
What is considered a corrupt practice in an election?
Offering money or a valuable consideration to induce a voter
What is the consequence of committing a corrupt practice in an election?
Fine not exceeding two hundred rupees
What is the consequence of committing a corrupt practice under this section?
The person is punished under clause (b) of sub-section (2)
What is included in the definition of 'individual profit' in the context of elections?
A benefit accruing to the person himself or to anyone in whom he is interested
What is the condition for hiring a vehicle to convey voters to a polling station not to be considered a corrupt practice?
The vehicle must be non-mechanically propelled and jointly hired by voters
What is the exception to the corrupt practice of hiring a vehicle to convey voters to a polling station?
If the vehicle is hired by a candidate for themselves or their family
Who can file a complaint with the court regarding an offence under Section 28G?
The Judge who has held an enquiry under Section 33
What is the consequence of promoting feelings of enmity or hatred between different classes of citizens during an election?
Imprisonment for a term which may extend to three years, or with fine, or with both
What is the term used to describe a person who has committed a corrupt practice under this section?
Person guilty of corrupt practice
What is the consequence of being guilty of a corrupt practice under this section?
The person is punished under clause (b) of sub-section (2)
What happens to the poll if there is a riot or open violence at a polling station?
The poll is adjourned to a later date
Who has the power to announce an adjournment of the poll in case of a riot or open violence at a polling station?
The Presiding Officer of the polling station
What is the consequence of being convicted of an offence under Section 28G?
Disqualification from voting for a period not exceeding seven years
How long does the appeal period last against a sentence or order passed under Section 28G?
Six months
What is the period within which a prosecution for an offence under Section 28G must be instituted?
Six months
Where is the result of every election declared?
In such manner as the State Election Commissioner may think fit
What is the time period within which a person can question the validity of an election?
Ten days
What is the consequence if the Chief Judge finds that the election was not valid?
The election is set aside
What is the security deposit required for an election petition?
Rs. 500
What happens if the Chief Judge finds that a candidate has committed a corrupt practice?
The candidate is declared disqualified
What is the consequence of not questioning the validity of an election within the specified time period?
The election is confirmed
What is the status of the Chief Judge's order?
It is final and binding
Who can apply to the Chief Judge of the Small Cause Court?
Any person enrolled in the municipal election roll
What happens if the Chief Judge finds that the person whose election is objected to is disqualified?
The election is set aside
What is the consequence if the election is set aside?
The candidate with the next highest number of valid votes is deemed to have been elected
When can a proposition involving a change be made and discussed at an adjourned meeting?
Only at an adjourned meeting where a budget-estimate is under consideration, and written notice of the proposition has been given at the meeting from which the adjournment took place
What happens to a business at a meeting if the Commissioner gives an intimation?
The business has priority over any other business, and no subsequent business shall be taken for consideration unless the said business is transacted and decision thereon is taken at that meeting
What is the condition for discussing a proposition at an adjourned meeting?
Written notice of the proposition must have been given at the meeting from which the adjournment took place
Can a meeting be adjourned from time to time?
Yes, with the consent of a majority of the councillors present
What is the exception to discussing propositions at an adjourned meeting?
Propositions involving changes can be discussed at an adjourned meeting, but only if written notice of the proposition has been given at the meeting from which the adjournment took place
What happens to business at a meeting if it is not transacted and a decision is not taken?
No subsequent business shall be taken for consideration until the said business is transacted and decision thereon is taken at that meeting
What happens if the number of councillors present at a meeting falls short of one-fifth of the whole number of councillors?
The meeting is adjourned to some other day
Who has the authority to call a special meeting of the Corporation?
Any Councillor with the support of at least one-sixth of the whole number of Councillors
What is the minimum notice period required for convening an ordinary meeting of the Corporation?
Seven clear days
What is the consequence if a Councillor desires to bring forward any business or make any substantive proposition at a meeting?
The Councillor must give written notice to the Municipal Secretary at least three clear days before the meeting
Under what circumstances can urgent business be brought before a meeting of the Corporation?
With the approval of at least three-fourths of the councillors present at the meeting
What is the purpose of clause (ma) of the Municipal Corporation Act?
To allow the Commissioner to intimate urgent business to the Corporation
What is the consequence if a Councillor is absent from three consecutive ordinary meetings of the Corporation without the permission of the Mayor?
The Councillor is deemed to have vacated the office
Who has the authority to appoint a Councillor to fill a casual vacancy in the office of a Councillor?
The Commissioner
What is the condition under which an election to fill a casual vacancy will not be held?
If the vacancy occurs within six months of the expiration of the term of the Corporation
What is the purpose of section 33 of the Municipal Corporation Act?
To provide for the setting aside of the election of a Councillor
Who is responsible for appointing the day on which a poll shall recommence if it is adjourned?
The State Election Commissioner
What must the State Election Commissioner do before counting votes when a poll is adjourned?
Publish the polling station and date in the Official Gazette
In which scenario is an election declared void at specific polling stations?
If ballot boxes are unlawfully taken or tampered with
What must be included in the official notice published by the State Election Commissioner for a fresh poll?
The polling station, date, and hours
Under which condition can a voter be refused a ballot paper?
If they refuse to allow an indelible ink mark on their finger
Who can make rules for the conduct of elections?
The State Government in consultation with the State Election Commissioner
What does the appointment of polling stations for each ward fall under?
Rules for the conduct of elections
Which of these is a specific rule to prevent personation during elections?
Marking the voter’s left forefinger with indelible ink
What is one of the specific provisions covered for illiterate or physically disabled voters?
Assistance in marking the ballot paper
What is a key security measure mentioned for the conduct of elections?
The safe custody of ballot papers
What is the period within which the Corporation shall consider and dispose of any proposal of the Commissioner?
90 days
Who may direct any councillor to withdraw from a meeting of the corporation?
The presiding authority
What is the tenure of the Mayor and the Deputy Mayor?
Two and a half years
Under what circumstances may the Commissioner attend a meeting of the corporation?
When required by the corporation or the Mayor
What happens if the corporation fails to consider and dispose of a proposal of the Commissioner within 90 days?
The proposal is deemed to have been approved
What is the consequence if a councillor is ordered to withdraw from a meeting for the second time within 15 days?
The councillor is suspended for a period not exceeding 15 days
When may the presiding authority suspend a meeting of the corporation?
In case of grave disorder
Who lays a copy of a statement or explanation of facts on the Table of the House?
The Commissioner
What is the purpose of the provision that the Corporation may require any of its officers to attend any meeting of the Corporation?
To discuss matters dealt with by such officer
Who may remit the period of suspension of a councillor?
The presiding authority
What is required to be submitted along with the nomination paper for a seat reserved for Scheduled Castes, Scheduled Tribes or Backward Class of Citizens?
Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee
What happens if a person fails to produce the validity certificate within the specified time period?
Their election will be deemed terminated retrospectively and they will be disqualified
What is the term of office of the Mayor and the Deputy Mayor?
Until a new Mayor and Deputy Mayor are elected
What happens when a casual vacancy occurs in the office of the Mayor or the Deputy Mayor?
The Corporation will choose one of its members to fill the vacancy
What is the condition under which a retiring Mayor or Deputy Mayor is eligible for re-election?
There is no condition, they are always eligible for re-election
Who can call the first meeting for the purpose of election of the new Mayor after the commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999?
The Commissioner
What happens to the term of office of the Mayor who is in office on the date of commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999?
It will come to an end and the Mayor will vacate office
What is the provision for a person who has applied for the verification of their Caste Certificate but has not received the validity certificate on the date of filing the nomination papers?
They will submit a true copy of the application and an undertaking to submit the validity certificate
What is the duration within which a person who has applied for the verification of their Caste Certificate must submit the validity certificate?
Six months
What happens if the person who has applied for the verification of their Caste Certificate fails to submit the validity certificate within the specified time period?
Their election will be deemed terminated retrospectively and they will be disqualified
Which committee can appoint sub-committees out of their own body?
Improvements Committee
What is the purpose of the Primary Education Consultative Committee?
To give opinion on matters relating to primary education
How many members are appointed to the Standing Committee by the Corporation?
26
What is the term of office of the Chairman of the Standing Committee?
Until the first meeting of the Standing Committee in the next following official year
What happens to the membership of the Standing Committee at noon on the first day of April every year?
One-half of the members retire
What is the purpose of the Hospital Committee?
To manage the hospitals and institutions for the benefit of the aged, sick and infirm
Which committee has the power to delegate its powers and duties to a special committee?
All of the above
How many members are there in the Standing Committee?
27
Who is the Chairman of the Standing Committee?
One of the members of the Standing Committee
Under what condition can the Mayor or Deputy Mayor be removed from office?
If they fail to convene two consecutive meetings of the corporation.
What must be provided before removing a Mayor or Deputy Mayor from office?
A reasonable opportunity to furnish an explanation.
Who shall be recognized as the Leader of the Opposition?
The party leader in opposition with the greatest numerical strength.
Who has the authority to recognize the Leader of the Opposition when two parties have equal numerical strength?
The Mayor.
What is provided by the Corporation to the Leader of the House?
Honoraria and allowances.
What is the daily fee for non-councillor members of the Education Committee?
Rupees one hundred.
Under what condition is a minute of the names of councillors and proceedings signed in the minute book?
At and by the presiding authority of the next ensuing meeting
Who must grant previous sanction before the Corporation can pay honoraria to the Mayor and Deputy Mayor?
The State Government.
What action is a councillor prohibited from taking part in or voting on during a meeting?
Any matters in which they have a direct or indirect interest
What happens to a Mayor or Deputy Mayor after being removed from office?
They cannot run for re-election or re-appointment during the remainder term of their office.
What amount is placed at the disposal of the Mayor annually as sumptuary allowance?
As determined by the State Government from time to time.
Who is required to make a special announcement of the proposition in a local daily newspaper?
The municipal secretary
What happens if a poll is demanded during a meeting?
The votes are taken by tellers and recorded in the minute-book
What provision ensures a councillor's receipt of honorarium does not disqualify them from being elected?
A specific clause in section 16.
What is the presiding authority's role in case of an equality of votes?
They have a second or casting vote
Which officer has the right to be present and participate in discussions at a meeting of the corporation?
The commissioner or a deputy commissioner in his absence
What condition must be met for the adjournment of a meeting?
The adjournment must be for not less than two clear days
How is evidence of a proposition being carried usually recorded?
By an entry in the minute book unless a poll is demanded
Who has the final authority on the confirmation of minutes in a minute-book?
The presiding authority of the next ensuing meeting
What is the maximum fee that can be charged from the public for inspecting the minute book?
Two rupees
What is required for the Corporation to delegate its powers and duties to a special committee?
A two-thirds vote of the members present at the meeting
What is the minimum percentage of women councillors required to be members of the Women and Child Welfare Committee?
75%
What happens if the Corporation does not confirm the proceedings of a special committee?
The Corporation's decision prevails where practicable
Who cannot be the Chairperson of more than one special committee at the same time?
Any Councillor
What authority does the Corporation have over the special committees at any time?
Dissolve or alter the constitution of special committees
What obligation do members of special committees have towards the Corporation's instructions?
They must conform to them
Under what condition can a special committee take action without waiting for the Corporation's confirmation?
If half of the committee's members support the action
Which type of members must chair the Women and Child Welfare Committee?
Women Councillors
What action is taken when the Chairperson and Deputy Chairperson are absent from a special committee meeting?
The members present choose one of their members to preside
What must the Corporation make rules for regarding special committees?
The conduct of business at special committee meetings
How are the members of the Standing Committee to be replaced?
Fresh members are appointed by the Corporation
What happens to a member of the Standing Committee who absents themselves for three successive months?
They are removed from the Committee
What happens to the term of office of the Chairman of the Education Committee as a member of the Standing Committee?
It continues until they cease to be Chairman
What happens to a councillor who ceases to be a member of the Standing Committee?
They are re-eligible for election
What happens in the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee?
The vacancy is filled up as soon as conveniently may be
What is the term of office of a member of the Standing Committee who is appointed to fill a vacancy?
Until the member in whose place they are appointed would have been entitled to hold office
What happens to a member of the Standing Committee who absents themselves from eight successive months?
They are removed from the Committee
What is the purpose of Section 46 of the text?
To explain how members of the Standing Committee are replaced
What is the minimum number of members required to be present at a meeting of the Standing Committee?
9
Who presides over a meeting of the Standing Committee if the Chairman is absent?
A member chosen by the meeting
What is the majority required for a decision to be made at a sub-committee meeting?
Two-thirds majority
What is the purpose of a minute kept by the municipal secretary at each meeting of the Standing Committee and sub-committee?
All of the above
Who has the power to call a special meeting of the Standing Committee?
The Commissioner
What is the consequence if a member of the Standing Committee has a share or interest in a matter being discussed?
They cannot take part in the discussion
Who can attend a meeting of the Standing Committee but cannot vote?
The Commissioner
What is the frequency of meetings of the Standing Committee?
Once a week
Who can delegate powers to sub-committees?
The Standing Committee
What is the purpose of a sub-committee?
To exercise powers delegated by the Standing Committee
What happens to the office of Chairman if it falls vacant prior to the expiry of the term?
A new Chairman is appointed by the Committee
How often must the Committee meet?
Once a fortnight
Who presides over a meeting of the Committee if the Chairman is absent?
A member chosen by the meeting
What is the minimum number of members required to be present at a meeting of the Committee?
Seven
How are decisions made at a meeting of the Committee?
By majority vote
What is the role of the Commissioner and the General Manager at a meeting of the Committee?
They have the right to be present and take part in the discussion
What is the provision for the Chairman and members of the Committee?
They are paid fees for attending meetings
What happens if a member of the Committee has a share or interest in a matter being discussed?
They are not allowed to vote
What is the provision for keeping a record of the proceedings of the Committee?
Minutes are kept in a book
Who has a casting vote in the event of an equality of votes?
The Chairman
How are the members of the Brihan Mumbai Electric Supply and Transport Committee appointed?
By the Corporation from among persons who have experience in administration, transport, or electric supply
What happens to the members of the Brihan Mumbai Electric Supply and Transport Committee at noon on the first day of April every year?
One half of the members retire
What is the condition for a person to be disqualified from being appointed as a member of the Brihan Mumbai Electric Supply and Transport Committee?
If they are disqualified for being elected as a Councillor
What happens if a person absents himself from six successive meetings of the committee?
They are disqualified from being a member of the committee
Who determines whether a vacancy has occurred in the committee?
The Chief Judge of the Small Cause Court
What happens if a member of the committee becomes disqualified or dies?
The vacancy is filled up by the Corporation
Who appoints the Chairman of the Brihan Mumbai Electric Supply and Transport Committee?
The Committee itself
What happens to the Chairman of the committee if they cease to be a member of the committee?
They are removed from the office of Chairman
How long does the Chairman of the committee hold office?
Until the first meeting of the committee in the next official year
What happens to the term of office of a member who is reappointed to the committee?
The term of office is computed from the date of their reappointment
Who has the authority to call the first meeting of the Improvements Committee?
The Mayor
What is the minimum number of members required to transact business at a meeting of the Improvements Committee?
Nine
Who presides over a meeting of the Improvements Committee if the Chairman is absent?
A member chosen by the meeting
Who has the authority to call a special meeting of the Improvements Committee within forty-eight hours?
The Chairman of the Improvements Committee
Which individual is specifically mentioned as not being able to vote at a meeting of the Improvements Committee?
The Commissioner
What role does the municipal secretary play during a meeting of the Improvements Committee?
Keeps a minute of the names of members and proceedings
What disqualifies a member from voting on a matter in the Improvements Committee?
Direct or indirect interest in the matter
What happens if a member of the Improvements Committee absents themselves during three successive months?
Their office is vacated
What occurs when there is an equality of votes during a decision in the Improvements Committee?
The presiding authority has a casting vote
How many members constitute the Brihan Mumbai Electric Supply and Transport Committee?
Seventeen
How many members shall the Corporation appoint to the Improvements Committee?
Twenty-six
When shall the Corporation appoint members to the Improvements Committee?
At their first meeting in April after each general election
How long shall the Chairman of the Improvements Committee hold office?
Until the first meeting in the next official year
How is a casual vacancy in the office of the Chairman filled?
By choosing one of the members of the Improvements Committee
When do one-half of the members of the Improvements Committee retire each year?
At noon on the first day of April
How are the members to retire from the Improvements Committee selected in the first year?
By lot as determined by the Chairman
What happens if a Councillor appointed to the Improvements Committee does not accept the office?
The vacancy shall be filled up as soon as conveniently may be
What happens if a member of the Improvements Committee dies or becomes incapable of acting before the expiry of their term?
The vacancy shall be filled up by the appointment of a new person
When does the Improvements Committee continue to hold office despite the retirement of some councillors?
Until a new Improvements Committee is appointed
Which section specifies the procedure for filling a casual vacancy on the Improvements Committee?
Section 49G
What is the purpose of the Education Committee according to the Act?
To give effect to the provisions of primary education
How many non-councillors are appointed to the Education Committee?
Four
What is a qualification required of non-councillors appointed to the Education Committee?
They must be graduates of universities recognized by the Corporation
When does the Corporation appoint new members to the Education Committee?
After every general election
What is a reason a person may be disqualified from being appointed to the Education Committee?
If they have a direct or indirect interest in a municipal school or office
What is the total number of members of the Education Committee?
26
Who appoints the members of the Education Committee?
The Corporation
What is the condition under which a person may be deemed to be interested in a municipal school or office?
If they have a direct or indirect pecuniary gain from the school
What is the minimum number of members required to be present at a meeting of the Education Committee?
9
Who presides over a meeting of the Education Committee if the Chairman is absent?
A member chosen by the meeting
What is the purpose of a minute kept by the municipal secretary at each meeting of the Education Committee?
All of the above
What is the consequence if a member of the Education Committee has a share or interest in a matter being discussed?
The member cannot vote or take part in the discussion
Who has the right to be present at a meeting of the Education Committee and take part in the discussions?
The Commissioner and the Education Officer
What is the purpose of sub-committees appointed by the Education Committee?
To inquire and report on matters referred to them
How often must the Education Committee meet?
Once a month
What is the role of the Chairman of the Education Committee in calling a special meeting?
The Chairman can call a special meeting at any time
How are decisions made at a meeting of the Education Committee?
By a majority of votes of the members present
What is the role of the presiding authority in a situation where there is an equality of votes?
The presiding authority has a second or casting vote
What happens to a member of the Education Committee who absents himself during six successive meetings of the Committee?
He shall cease to be a member of the Committee
How is the Chairman of the Education Committee appointed?
By the Education Committee at their first meeting in each official year
What happens to the office of the Chairman of the Education Committee if a casual vacancy occurs?
The Education Committee shall, as soon as they conveniently can, appoint one of their members to fill the vacancy
How often do the members of the Education Committee retire?
One-half of the members retire every year
What happens to a member who has been re-appointed to the Education Committee?
Their term of office is computed from the date of their re-appointment
What happens if a member's seat becomes 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
What happens to the Education Committee in existence on the day of the retirement of Councillors?
It continues to hold office until a new Education Committee is appointed
What is the effect of a default, delay or defect in the appointment of any member of the Education Committee?
The members duly appointed may perform all the functions legally pertaining to the Education Committee
What is the consequence if a dispute arises whether a vacancy has occurred in the Education Committee?
The Corporation decides the dispute
What happens to a person who ceases to be a member of the Education Committee due to the expiry of the term of office of the Corporation?
They are not affected
How are the seats allotted to the recognized parties or registered parties or groups or aghadi or front?
By considering the relative strength of the parties in the Corporation
What is the purpose of forming an aghadi or front under the Act?
To avoid disqualification under the Maharashtra Local Authority Members’ Disqualification Act, 1986
What is the duration of the Wards Committee?
Co-terminus with the duration of the Corporation
Who elects the Chairperson of the Wards Committee?
The Councillors referred to in clause (a) of sub-section (2)
What is the maximum number of Wards Committees that can be constituted by the Corporation?
Twenty-five
Who are the members nominated by the Councillors from amongst the members of recognized non-Government Organisations?
Members of recognized non-Government Organisations and community-based organisations
What is the condition for a person to be nominated as a member of the Wards Committee?
The person should be a registered elector in the Wards within the jurisdiction of the Wards Committee
What happens when the Chairperson of the Wards Committee ceases to be a Councillor?
The Chairperson vacates the office
What is the purpose of calculating the relative strength of the recognized parties or registered parties or groups or aghadi or front?
To allot seats in the Corporation
What is the role of the Corporation in nominating Councillors?
To nominate Councillors in proportion to the strength of the parties in the Corporation
What is the requirement for creating one or more posts of additional Deputy Municipal Commissioners?
Previous approval of the State Government
Who shall inform the Corporation of the powers and duties deputed to the Director or a Deputy Commissioner?
The Commissioner
What is the duration of the appointment of a Deputy Municipal Commissioner (Improvements)?
5 years
What is the status of acts performed by the Director or a Deputy Commissioner?
Deemed to be performed by the Commissioner
Who has control over the Deputy Commissioner and the Additional Deputy Commissioner?
The Commissioner
When is the appointment of a Deputy Municipal Commissioner (Improvements) made?
At the commencement of the City of Bombay Municipal (Amendment) Act, 1933
What is the condition for the renewal of the appointment of a Deputy Municipal Commissioner (Improvements)?
Subject to the previous approval of the State Government
What is the liability of a person appointed as a Deputy Municipal Commissioner (Improvements)?
Same as the Commissioner
What is the power of the Commissioner regarding the Additional Deputy Commissioners?
To prescribe their spheres of duties
What is the consequence of a person being removed from the office of a Deputy Municipal Commissioner (Improvements)?
They can be reappointed
What happens to the office of the Chairperson if it falls vacant before the expiry of its term?
A new Chairperson is elected by the Wards Committee
What is the primary function of the Wards Committee in relation to municipal services?
To speedily redress common grievances of citizens connected with local and essential municipal services
What is the maximum amount of expenditure that the Wards Committee can sanction for municipal works?
Rupees five lakhs
What happens if a committee or special committee under this Act is not constituted at any point of time?
The committee's powers are exercised and its duties are discharged by the Corporation
What is the effect of any vacancy in the Corporation or in any committee appointed under this Act on the acts or proceedings of the Corporation?
The acts or proceedings of the Corporation are deemed to be valid
What is the effect of any defect in the election or appointment of any person acting as a councillor or as the presiding authority of the Corporation?
The acts or proceedings of the Corporation are deemed to be valid
What is the effect of a meeting of the Corporation or of any committee or sub-committee appointed under this Act if a minute has been made and signed in accordance with this Act?
The meeting is deemed to be duly convened and held
What is the effect of a committee or special committee under this Act not being constituted at any point of time?
The committee's powers are exercised and its duties are discharged by the Corporation
What is the frequency of meetings of the Wards Committee?
At least once in a month
What is the role of the Wards Committee in relation to estimates of expenditure pertaining to the wards?
To consider and make recommendations on the proposals regarding estimates of expenditure
Under what condition can the Chairman or Deputy Chairman of a committee be removed from office?
If they fail to convene two consecutive meetings
What must happen before a Chairman or Deputy Chairman can be removed from office?
They must be given a reasonable opportunity to furnish an explanation
How long can the Municipal Commissioner for Brihan Mumbai initially hold office?
For a period not exceeding three years
What fraction of the whole number of councillors is required to vote in favor to remove the Municipal Commissioner?
Five-eighths
Who can appoint the Additional Municipal Commissioners?
The State Government
Under what conditions can the Commissioner be recalled during his appointment?
When he holds a lien on the service of the State Government
What must the State Government do before removing a Commissioner who holds a lien on their service?
Secure the approval of the corporation
For how long can the appointment of the Municipal Commissioner be renewed?
Three years
Who has the authority to determine the terms and conditions of service for the Additional Municipal Commissioner?
The State Government
Who confirms the appointment of the Deputy Municipal Commissioner?
The State Government
Who determines the monthly salary of the Commissioner?
The State Government
What is the condition for the Deputy Municipal Commissioner (Improvements) to receive a monthly salary of rupees two thousand and five hundred?
If they were holding the office of the Chief Officer under section 26 of the City of Bombay Improvement Trust Transfer Act, 1925
Who can grant leave of absence to the Commissioner?
The State Government
What is the maximum allowance that can be paid to the Commissioner or the Director or a Deputy Commissioner while they are on leave?
The amount of their salary
Who can appoint a person to act as Commissioner or Director or Deputy Commissioner during their absence?
The State Government
What happens to the powers and duties of the Commissioner or Director or Deputy Commissioner during their absence?
They are transferred to the person appointed to act in their place
How is the monthly salary of the Director or a Deputy Commissioner determined?
By the Corporation with the approval of the State Government
What is the condition for the salary of the Deputy Municipal Commissioner (Improvements) not to be altered to their disadvantage during their period of office?
If they are appointed as Deputy Municipal Commissioner (Improvements) under sub-section (1) of section 56A
What happens to the salary of the Commissioner or Director or Deputy Commissioner if they are a Government Officer?
It is regulated by the rules at the time in force relating to the leave allowances of officers of their class
Who determines the monthly salary of a person appointed to act as Commissioner or Director or Deputy Commissioner during their absence?
The State Government
What is the condition for a person to be appointed as the General Manager of the Brihan Mumbai Electric Supply and Transport Undertaking?
The person must devote their whole time and attention to the duties of the office
What happens to a Commissioner or Deputy Commissioner who acquires a share or interest in any contract with the corporation?
They are removed from their office and their office becomes vacant
What is the maximum period for which the General Manager can be appointed in the first instance?
5 years
Who can appoint a person to act as General Manager during the absence of the General Manager on leave?
The Brihan Mumbai Electric Supply and Transport Committee
What is the condition for a person to be qualified to be appointed as the General Manager of the Brihan Mumbai Electric Supply and Transport Undertaking?
The person must not have a share or interest in any contract with the corporation
What is the salary of the General Manager decided by?
The Corporation
What happens to the office of a Commissioner or Deputy Commissioner who ceases to be in office due to acquiring a share or interest in a contract with the corporation?
The office becomes vacant
Who can grant leave of absence to the General Manager?
The Brihan Mumbai Electric Supply and Transport Committee
What is the condition for the removal of the General Manager from office?
Misconduct or neglect of duties
Who appoints a fit person to be the Chief Accounts Officer of the Brihan Mumbai Electric Supply and Transport Undertaking?
The Brihan Mumbai Electric Supply and Transport Committee
Who holds the position of Deputy Municipal Commissioner (Improvements) at the commencement of the City of Bombay Municipal (Amendment) Act, 1933?
The Chief Officer appointed under section 26 of the City of Bombay Improvement Trust Transfer Act, 1925
What is the organizational relationship between the Deputy Municipal Commissioner (Improvements) and the Commissioner?
The Deputy Municipal Commissioner (Improvements) is subordinate to the Commissioner
What must the Commissioner do when delegating powers to the Deputy Municipal Commissioner (Improvements)?
Inform the Corporation of the delegated powers and duties
How long does the appointed Chief Officer hold the position of Deputy Municipal Commissioner (Improvements)?
Until the Corporation appoints a new Deputy Municipal Commissioner (Improvements)
How are the acts and things done by the Deputy Municipal Commissioner (Improvements) during his tenure considered?
As acts done by the Commissioner
What happens to the duties delegated to the Deputy Municipal Commissioner (Improvements) if the Commissioner revokes them?
They revert back to being the sole responsibility of the Commissioner
Study Notes
The Municipal Constitution
- The Municipal Authorities responsible for carrying out the provisions of the Act are:
- Corporation
- Standing Committee
- Improvements Committee
- Brihan Mumbai Electric Supply and Transport Committee
- Education Committee
- Wards Committee
- Mayor
- Municipal Commissioner
- General Manager of the Brihan Mumbai Electric Supply and Transport Undertaking
The Municipal Corporation
- The Corporation consists of:
- 227 directly elected councillors
- 5 nominated councillors with special knowledge or experience in Municipal Administration
- The Corporation is a body corporate with perpetual succession and a common seal
- It can sue and be sued by its name
Reservation of Seats
- Seats are reserved for members belonging to:
- Scheduled Castes
- Scheduled Tribes
- Backward Class of citizens
- Women
- The number of reserved seats is proportional to the population of each category
- Seats are allotted by rotation to different wards
Election of Councillors
- The term of office of councillors is co-terminus with the duration of the Corporation (5 years)
- An election to constitute the Corporation shall be completed before the expiry of its duration
- A person who ceases to be a councillor shall, unless disqualified, be re-eligible
Disqualification of Councillors
- A person can be disqualified for being elected or being a councillor if:
- They have been convicted of an offence punishable under certain sections of the Indian Penal Code
- They have been removed from office under section 18-1A
- They have more than two children
- They have been adjudged or re-adjudged an insolvent
- They are the Commissioner, Director, or a Deputy Commissioner or a Municipal Officer or servant
- They have a share or interest in any contract or employment with the corporation
- They have a share or interest in any lease, sale, or purchase of land or any agreement for the same
- They are retained or employed in any professional capacity in connection with any cause or proceeding in which the corporation or the Commissioner is interested
- They are a Member of the State Legislature or Parliament
Disqualification of Councillors
- A councillor shall not be deemed to have any share or interest in a lease, including a 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.
Grounds for Disqualification
- A councillor may be disqualified for:
- Misconduct in discharge of official duties
- Disgraceful conduct while holding or while he was holding the office of the Mayor or Deputy Mayor
- Construction or help in constructing illegal or unauthorised structures
- Failure to lodge an account of election expenses within the time and in the manner required by the State Election Commission
- Absence from meetings of the corporation for three successive months
Consequences of Disqualification
- A councillor who is disqualified shall cease to hold office as a councillor and his office shall be vacant
- A councillor who is disqualified may be disqualified for being a councillor or for contesting an election for being a councillor for a period of three to six years from the date of the order
Role of the State Election Commission
- The State Election Commission has the power to declare a councillor disqualified and may remove any disqualification
- The State Election Commission is responsible for the preparation of electoral rolls and the conduct of elections to the Corporation
Electoral Process
- The area of Brihan Mumbai shall be divided into wards and each ward shall elect only one councillor
- The State Election Commissioner shall notify the division of the area into wards and specify the boundaries thereof
- The Assembly roll for the time being in force shall be divided into different sections corresponding to the different wards in Brihan Mumbai
- Every person whose name is in the municipal roll shall be deemed to be entitled to vote at a ward election
- The dates of general ward elections shall be fixed by the State Election Commissioner
Electoral Process
- Deposits made by a candidate at a general election will be returned if not forfeited, and if a candidate is nominated in more than one ward, only one deposit will be returned, and the rest will be forfeited.
Conduct of Poll
- A poll will be taken on a day not earlier than the 21st day after the day fixed for the election.
- The municipal election roll in operation on the day fixed for the election will be used for the purposes of the election.
- The names of validly nominated candidates will be published in the Official Gazette and on the notice board of each ward office at least three days before the poll.
Prohibitions on Poll Day
- No person can canvass for votes, solicit votes, or persuade voters not to vote for a particular candidate or not to vote at all on the day of the poll.
- No person can exhibit any notice or sign (except official notices) relating to the election on the day of the poll.
- No person can use or operate any apparatus for amplifying or reproducing the human voice, or shout, or act in a disorderly manner at the polling station on the day of the poll.
Voting Procedures
- Votes will be given by ballot or electronic voting machine, and no votes will be received by proxy.
- No person can vote in more than one ward, and if a person votes in more than one ward, their votes will be void.
- No person can vote in the same ward more than once, and if a person votes in the same ward more than once, their votes will be void.
Determination of Election Results
- The person with the greatest number of valid votes will be deemed to be elected.
- If there is an equality of votes, the determination of the winner will be made by a lot drawn in the presence of the State Election Commissioner.
Post-Election Procedures
- If a candidate is elected in more than one ward, they will have to choose which ward they will serve, and the votes recorded for them in the other ward will be deemed not to have been given.
- The State Election Commissioner will declare the result of the poll, specifying the total number of valid votes given for each candidate, and prepare lists of candidates and their votes.
Secrecy of Voting
- Officers and agents involved in the recording and counting of votes must maintain the secrecy of the voting and not communicate any information that could violate the secrecy.
Penalties for Election Offences
- Any person who contravenes the provisions of the election law, such as inducing or attempting to induce a person to vote or refrain from voting, will be punished with imprisonment or fine or both.
- Any person who fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, will be punished with imprisonment or fine or both.
- Any person who fraudulently defaces, destroys, or removes any election document, or supplies any ballot paper to any person without due authority, will be punished with imprisonment or fine or both.
Elections: Conduct and Offences
- A person is considered to be on official duty if they are involved in the conduct of an election, including counting votes, or responsible for used ballot papers and documents after the election.
- The expression "official duty" does not include duties imposed otherwise than by or under this Act.
Corrupt Practices
- A person is deemed to have committed a corrupt practice if they:
- Offer or give money or valuable consideration to influence a voter's decision.
- Hold out a promise of individual profit or threaten injury to influence a voter's decision.
- Give or procure a vote in the name of a voter who is not the person giving the vote.
- Hire or procure a vehicle for the conveyance of a voter to or from a polling station.
- Exceptions to corrupt practices include:
- Hiring a vehicle by a candidate for themselves or their family, or an election agent.
- Hiring a vehicle by a voter or multiple voters at their joint cost for the purpose of conveying them to or from a polling station, if the vehicle is not propelled by mechanical power.
- Use of public transport by a voter at their own cost.
Penalties for Corrupt Practices
- Whoever commits a corrupt practice shall be liable to a fine not exceeding:
- Rs. 200 for every offence, if they offer or give money or valuable consideration, or hold out a promise of individual profit or threaten injury.
- Rs. 100 for every offence, if they accept or obtain money or valuable consideration, or agree to accept or attempt to obtain individual profit.
- Whoever promotes or attempts to promote feelings of enmity or hatred between different classes of citizens on grounds of religion, race, caste, community, or language shall be punishable with imprisonment for up to three years, or with a fine, or with both.
Disqualification and Appeals
- A person convicted of a corrupt practice shall be disqualified from voting at any election for a period not exceeding seven years.
- An appeal shall lie to the High Court against any sentence or order passed by a Magistrate.
Adjournment of Polls
- If the proceedings at a polling station are interrupted or obstructed, or if it is not possible to take the poll due to a natural calamity or other sufficient cause, the poll may be adjourned to a later date.
- The State Election Commissioner shall appoint a new date for the poll and fix the polling station, hours, and other details.
Void Elections
- If a ballot box or boxes are unlawfully taken out of custody, tampered with, or destroyed, the election to which the ballot box or boxes relate shall be void.
- The State Election Commissioner shall appoint a new date for a fresh poll in such cases.
Conduct of Elections
- The State Government may make rules for the conduct of elections, including:
- Appointment of polling stations and presiding officers.
- Hours of polling.
- Printing and issue of voting papers.
- Checking of voters.
- Prevention of personation.
- Manner of giving votes.
- Security of votes.
- Safe custody of ballot papers and other election papers.
Declaration of Results
- The result of every election shall be declared in a manner determined by the State Election Commissioner.
- The result shall include the names of the persons elected and the number of votes recorded for each candidate.
Disputes and Challenges
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If the qualification of a person declared to be elected is disputed, or if the validity of an election is questioned, any person enrolled in the municipal election roll may apply to the Chief Judge of the Small Cause Court.
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The Chief Judge may confirm the declared result, declare the election null and void, or direct that a candidate be deemed to have been elected.### Corporation Meetings
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The corporation shall meet regularly to dispatch business and make regulations for meetings, management, and adjournments.
Meeting Frequency and Scheduling
- One ordinary meeting shall be held every month, with the March meeting to be held no later than the 20th day of the month.
- The first meeting in April, after general elections, shall be held as early as conveniently possible on a day and at a time fixed by the Commissioner.
Meeting Scheduling Authority
- The Mayor or, in their absence, the Deputy Mayor or Chairman of the Standing Committee shall fix the day, time, and place of meetings.
Special Meetings
- The Mayor or Chairman of the Standing Committee may call a special meeting at any time, and shall do so upon written requisition signed by at least one-sixth of the whole number of Councillors.
Meeting Conduct
- Every meeting shall be open to the public, unless a majority of councillors present decide to hold the meeting in private.
- The presiding authority may cause any person to be removed who interrupts the proceedings.
Meeting Quorum
- If the number of councillors present falls short of one-fifth of the whole number of councillors, the meeting shall be adjourned to a later date.
Meeting Notice
- At least seven clear days' notice shall be given for every meeting, except in cases of urgency.
- The notice shall specify the time, place, and business to be transacted, and shall be given by the Municipal Secretary through advertisement in local newspapers.
Substantive Propositions
- A councillor who desires to bring forward any business or make a substantive proposition must give written notice to the Municipal Secretary at least three clear days before the meeting.
Urgent Business
- Except at meetings called on a requisition of urgency or during budget-estimate discussions, no business shall be transacted or substantive propositions made that are not specified in the meeting notice.
Meetings of the Corporation
- A meeting of the Corporation can be adjourned for not less than 2 clear days, with a special announcement of the proposition in at least 1 local daily newspaper.
- A minute of the names of the councillors present and the proceedings at every meeting must be kept in a book by the Municipal Secretary.
Voting and Discussion
- A councillor shall not vote or take part in the discussion of any matter in which they have a direct or indirect interest.
- Every question, except for certain urgent business, shall be decided by a majority of votes of the councillors present and voting.
- The presiding authority has a second or casting vote when there is an equality of votes.
Conduct of Councillors
- The presiding authority can direct a councillor to withdraw from a meeting if their conduct is deemed grossly disorderly.
- A councillor who is ordered to withdraw twice within 15 days can be suspended from attending meetings for up to 15 days.
Election of the Mayor and Deputy Mayor
- The Corporation shall elect a Mayor and Deputy Mayor from amongst its members at its first meeting after general elections.
- The tenure of the Mayor and Deputy Mayor is 2.5 years.
- There is a provision for reservation of the office of the Mayor for the Scheduled Castes, Scheduled Tribes, Women, and Backward Class of citizens.
Role of the Mayor and Deputy Mayor
- The Mayor and Deputy Mayor shall hold office until a new Mayor and Deputy Mayor are elected.
- A retiring Mayor or Deputy Mayor is eligible for re-election.
- The Deputy Mayor may resign their office at any time by notice in writing to the Mayor.
Removal of the Mayor and Deputy Mayor
- The Mayor or Deputy Mayor can be removed from office by the State Government if they fail to convene two consecutive meetings of the Corporation.
Leader of the Opposition and Leader of the House
- The Leader of the Opposition is an elected councillor who is the leader of the party in opposition, having the greatest numerical strength.
- The Leader of the House is an elected councillor who is the leader of the party having the greatest numerical strength.
Honoraria, Fees, and Allowances
- The Corporation may pay honoraria, fees, or other allowances to the Mayor, Deputy Mayor, and each councillor.
- The Corporation shall place at the disposal of the Mayor a sumptuary allowance, as determined by the State Government.
Committees
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The Corporation may appoint committees, including special committees, out of its own body.
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Special committees may be delegated powers and duties by the Corporation, and their decisions may be final.
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The Corporation may make rules for regulating the constitution of special committees and the conduct of business at their meetings.### Standing Committee Formation
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The Corporation appoints 26 members from their own body to form the Standing Committee at their first meeting in April after general elections.
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The Chairman of the Education Committee is also a member of the Standing Committee.
Standing Committee Chairman
- The Standing Committee appoints one of their members as Chairman at their first meeting in each official year.
- The Chairman serves until the first meeting of the Standing Committee in the next official year.
- A former Chairman is eligible for re-election.
Filling Casual Vacancies
- If the Chairman position becomes vacant, the Standing Committee chooses one of their members to fill the vacancy as soon as possible.
- The newly appointed Chairman serves only until the original Chairman's term would have ended.
Membership Rotation
- Half of the Standing Committee members retire at noon on the first day of April every year.
- The members to retire are selected by lot, determined by the Chairman, before the first day of March preceding the retirement date.
Standing Committee
- The Standing Committee shall consist of 12 members appointed by the Corporation.
- The term of office of the members of the Standing Committee shall be 2 years.
- The members who shall retire under this section shall be the members who were longest in office.
- In the case of a member who has been re-appointed, the term of his office for the purposes of this clause shall be computed from the date of his re-appointment.
Meetings of the Standing Committee
- The Standing Committee shall meet for the despatch of business in the chief municipal office.
- The Committee shall meet once a week, and at such other times as shall be found necessary.
- The first meeting of each Standing Committee shall be held on a day and at a time to be fixed by the Commissioner.
- The Chairman of the Standing Committee shall, upon a written requisition signed by the Commissioner, call a special meeting of the said Committee within 24 hours.
Conduct of Business
- No business shall be transacted at a meeting of the Standing Committee unless at least 9 members are present from the beginning to the end of such meeting.
- 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.
- 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.
Sub-committees
- 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.
- Any sub-committee so formed shall conform to any instructions that may, from time to time, be given to them by the Standing Committee.
- The Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon a written request of not less than two members of a sub-committee, call a special meeting of such sub-committee.
Improvements Committee
- The Improvements Committee shall consist of 26 councillors.
- The Corporation shall, at their first meeting in the month of April after each general election, appoint 26 persons out of their own body to be members of the Improvements Committee.
- The Improvements Committee shall at their first meeting appoint one of their members to be their Chairman until the first meeting of the said Committee in the following official year.
Meetings of the Improvements Committee
- The Improvements Committee shall meet for the despatch of business in the Chief Municipal Office.
- The Committee shall meet once a month, and at such other times as shall be found necessary.
- 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 48 hours.
Brihan Mumbai Electric Supply and Transport Committee
- The Committee shall consist of 17 members, including the Chairman of the Standing Committee.
- The members of the Committee shall be appointed by the Corporation from among persons who have had experience and shown capacity in administration, transport, or electric supply, or in engineering, industrial, commercial, financial or labour matters.
- The Chairman of the Committee shall be appointed by the Corporation from among the members of the Committee.
Meetings of the Brihan Mumbai Electric Supply and Transport Committee
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The Committee shall meet for the despatch of business at such place as the Committee may from time to time decide.
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The Committee shall meet once a month, and at such other times as shall be found necessary.
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The Chairman of the Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner, call a special meeting of the Committee within 24 hours.### Committee Meetings and Procedures
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The Committee may create regulations for its meetings and sub-committees, subject to specific conditions.
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Meetings are required to be held once a fortnight, and at other times as necessary.
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The first meeting is set by the Mayor, and subsequent meetings are scheduled by the Committee.
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The Chairman may call special meetings, and must do so within 48 hours of receiving a written requisition from the Commissioner, General Manager, or at least three Committee members.
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At least seven members must be present throughout a meeting for business to be transacted.
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The Chairman presides over meetings, or a chosen member if the Chairman is absent.
Voting and Decision-Making
- Decisions are made by a majority vote of members present and voting.
- The presiding authority has a second or casting vote in the case of a tie.
Minutes and Record-Keeping
- A minute of each meeting is kept, including the names of present members and proceedings.
- The minute is signed by the presiding authority at the next meeting, after confirmation by the Committee.
Conflict of Interest
- Members may not vote or participate in discussions on matters in which they have a direct or indirect interest.
Non-Voting Attendees
- The Commissioner, Director, or Deputy Commissioner, and the General Manager or authorized officer, may attend Committee meetings and participate in discussions, but may not vote or make propositions.
Fees for Committee Members
- The Chairman and Committee members may receive fees for attending meetings, as prescribed by rules sanctioned by the State Government.
Sub-Committees
- The Committee may appoint one of its members to a Sub-Committee, consisting of a specified number of persons.
- The Committee may delegate powers and duties to a Sub-Committee, and define its sphere of business, by a resolution carried by at least two-thirds of the members present.
- The Committee may refer matters to a Sub-Committee for inquiry and report, or for opinion.
Education Committee
- The Corporation shall appoint an Education Committee consisting of 26 members: 22 Councillors and 4 non-Councillors.
- The non-Councillors must be:
- Enrolled on the municipal election roll as voters
- Graduates of universities recognized by the Corporation
- Having 5 years of teaching or administrative experience in educational institutions
- Possessing other qualifications as determined by the Corporation
- The Corporation shall appoint 16 members to the Education Committee after the commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999, and thereafter at their first meeting in April after every general election.
Disqualification and Vacancy
- A person shall not be eligible for appointment as a member of the Education Committee if:
- They are directly or indirectly interested in any immovable property on or in which any municipal school or office is located
- They are disqualified from being elected as a Councillor under Section 16
- If a member of the Education Committee becomes subject to any disqualification, absents themselves from six successive meetings, or absents themselves from meetings for eight successive months, they shall cease to be a member of the Committee.
Chairman and Meetings
- The Education Committee shall appoint a Chairman from among its members at its first meeting in each official year.
- The Chairman shall continue in office until the first meeting of the Committee in the next official year.
- The Committee shall meet at least once a month, and may make regulations with respect to meetings and the management of schools under its control.
Functions and Powers
- The Education Committee shall have the power to deal with matters relating to primary education.
- The Committee may appoint sub-committees and refer to them for inquiry and report or for opinion in any matter.
Ward Committees
- The Corporation shall constitute not more than 25 Wards Committees each comprising contiguous wards.
- Each Wards Committee shall consist of:
- Councillors representing the electoral wards within the territorial area of the Committee
- The Ward Officer in charge of the territorial area of the Committee
- Up to three members nominated by the Councillors from recognized non-Government Organizations and community-based organizations engaged in social welfare activities
- The functions of the Wards Committee shall include:
- Speedy redressal of common grievances of citizens
- Considering and making recommendations on proposals regarding estimates of expenditure
- Granting administrative approval and financial sanction to plans for municipal works
Provisions regarding Validity of Proceedings
- No Act or proceedings of the Corporation or any Committee shall be questioned on account of any vacancy in the Corporation or Committee.
- No disqualification or defect in the election or appointment of any person acting as a Councillor or as the Mayor or presiding authority of the Corporation or as the Chairman or member of any Committee or sub-Committee shall be deemed to vitiate any act or proceeding of the Corporation or Committee.
Municipal Commissioner
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The Municipal Commissioner for Brihan Mumbai shall be appointed by the State Government for a period not exceeding three years.
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The Commissioner may be removed by the State Government if they are incapable of performing their duties or have been guilty of misconduct or neglect.
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The State Government may appoint one or more Additional Municipal Commissioners who shall exercise all or any of the powers and perform all or any of the duties and functions of the Commissioner.### Deputy Municipal Commissioner
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A Deputy Municipal Commissioner can be appointed by the corporation at any time, subject to confirmation by the State Government.
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The corporation can also create one or more posts of additional Deputy Municipal Commissioners with the previous approval of the State Government.
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Every person appointed as a Deputy Municipal Commissioner shall be subject to the same liabilities, restrictions, and conditions as the Commissioner.
Powers and Duties
- The Deputy Municipal Commissioner is subordinate to the Commissioner and shall exercise the powers and perform the duties of the Commissioner as delegated by the Commissioner.
- The Commissioner shall inform the corporation of the powers and duties delegated to the Deputy Municipal Commissioner.
- The Commissioner may also prescribe the respective spheres of duties of each additional Deputy Commissioner.
Acts and Things Performed
- All acts and things performed by the Deputy Municipal Commissioner during their tenure shall be deemed to have been performed by the Commissioner.
Special Deputy Municipal Commissioner (Improvements)
- The corporation shall appoint a Deputy Municipal Commissioner to be styled the Deputy Municipal Commissioner (Improvements) with the previous approval of the State Government.
- The appointment shall be in addition to any appointment of a Deputy Municipal Commissioner made under section 55.
- The Deputy Municipal Commissioner (Improvements) shall be subject to the same liabilities, restrictions, and conditions as the Commissioner.
- The appointment shall be for a period of five years, which may be renewed thereafter for a like or lesser period.
Deputy Municipal Commissioner (Improvements)
- The Deputy Municipal Commissioner (Improvements) shall be subordinate to the Commissioner and exercise such powers and perform duties as directed by the Commissioner.
- The Deputy Municipal Commissioner (Improvements) shall be deemed to have performed acts and duties as the Commissioner.
Remuneration
- The Commissioner shall receive a monthly salary determined by the State Government.
- The Commissioner may hold additional offices, such as a trustee of the Port of Bombay, with certain conditions.
- The Director and a Deputy Commissioner shall receive a monthly salary determined by the Corporation with the approval of the State Government.
- The Deputy Municipal Commissioner (Improvements) shall receive a monthly salary determined by the Corporation with the approval of the State Government.
Leave of Absence
- The Commissioner, Director, or Deputy Commissioner may be granted leave of absence by the State Government or the Corporation.
- The allowance paid during leave shall not exceed the amount of the salary.
- A person may be appointed to act as Commissioner, Director, or Deputy Commissioner during their absence.
Disqualifications
- No person shall be qualified to be appointed as Commissioner, Director, or Deputy Commissioner if they have a share or interest in any contract with the Corporation.
- Any Commissioner, Director, or Deputy Commissioner who acquires a share or interest in a contract shall cease to hold office.
General Manager
- The Corporation shall appoint a General Manager for the Brihan Mumbai Electric Supply and Transport Undertaking.
- The General Manager shall devote their whole time and attention to their duties and receive a monthly salary determined by the Corporation.
- The General Manager may be removed from office for misconduct or neglect of duties.
- The General Manager may be granted leave of absence by the Brihan Mumbai Electric Supply and Transport Committee.
Chief Accounts Officer
- The Brihan Mumbai Electric Supply and Transport Committee shall appoint a Chief Accounts Officer.
- The Chief Accounts Officer shall keep the accounts of the Undertaking and perform duties as required by the Committee or the General Manager.
- The Chief Accounts Officer shall receive a monthly salary determined by the Committee with the approval of the Corporation.
This quiz covers the different Municipal Authorities responsible for carrying out the provisions of the Municipal Constitution Act, including corporations, committees, and individual officials.
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