The Mumbai Municipal Corporation Act (PDF)

L-1 H 4094 GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT Bombay Act No. III of 1888. The Mumbai Municipal Corporation Act (As modified upto the 18th January 2016) ...

L-1 H 4094 GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT Bombay Act No. III of 1888. The Mumbai Municipal Corporation Act (As modified upto the 18th January 2016)  PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS MAHARASHTRA STATE, MUMBAI 400 004. 2016 [ Price : Rs. ]  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (i) THE MUMBAI MUNICIPAL CORPORATION ACT CONTENTS PREAMBLE. SECTIONS. CHAPTER I PRELIMINARY. 1. Short title and extent. 2. Repeal of enactments. 3. Definitions of terms. CHAPTER II THE MUNICIPAL CONSTITUTION. Municipal Authorities. 4. Municipal Authorities. (A) The Municipal Corporation. 5. Composition of Corporation. 5A. Reservation of seats. 5B. Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate. Duration of the Corporation : Term of Office of Councillors : Casual vacancies, etc. 6. Duration of the Corporation. 6A. Term of office of Councillors. 6B. Election to constitute Corporation. 7. [Deleted.] 7A. [Deleted.] 7B. Councillor to vacate all offices if he ceases to be a Councillor. 8. Re-eligibility of persons ceasing to be a Councillor. 9. Casual vacancies how to be filled up. 10. Publication of names of Councillors in the Official Gazette. Qualifications and disqualifications of Voter and Councillors. 11. Persons qualified to vote. 11A. [Deleted.] 12. [Deleted.] 13. [Deleted.] 14. Qualification for election as a Councillor at a ward election. 14A. [Deleted.] 15. [Deleted. ] 15A. [Deleted.] 16. Disqualifications for being a Councillor. H 4094—1  L 1 H 4094 (ii) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS. 17. A person becoming disqualified to cease to be a Councillor. 18. Questions as to disqualifications to be determined by Chief Judge of the Small Cause Court. 18-1A. Liability of Councillor to removal from office. 18A. State Election Commission. 18AA. Power of State Election Commissioner to issue directions to prevent impersonation. Municipal Election Roll. 19. Division of Brihan Mumbai into single-member wards and preparation of municipal election roll therefor. 20. [Deleted.] 21. Right to vote. 21A. [Deleted.] 21B. [Deleted.] 21C. [Deleted.] 21D. [Deleted.] Elections of Councillors. 22. Date of Election. 23. [Deleted.] 24. [Deleted.] 25. Notice to be given of day fixed for ward elections. 26. Candidates at ward elections must be nominated. 26A. Deposit by candidates. 27. Poll to be taken when a ward election is contested. 27A. Prohibition of canvassing in or near polling stations. 27AA. Prohibition of public meetings on the day preceding the day of poll and on the day of poll. 27B. Penalty for disorderly conduct in or near polling stations. 27C. Penalty for misconduct at polling stations. 28. Provisions respecting contested ward elections. 28A. Maintenance of secrecy of voting. 28B. Officers, etc., at elections not to act for candidates or to influence voting. 28C. Breaches of official duty in connection with elections. 28D. Removal of ballot papers from polling stations to be an offence. 28E. Other offences and penalties therefor. 28F. What is a corrupt practice. 28G. Corrupt practices, criminal offences and procedure. 28H. Adjournment of poll in emergencies. 28I. Fresh ballot in the case of destruction, etc., of ballot boxes. 29. State Government may make rules for the conduct of elections.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (iii) SECTIONS. 30. [Deleted.] 30A. [Deleted.] 31. [Deleted.] 31A. [Deleted.] 32. Declaration of results of elections. 33. Election petitions to be heard and disposed of by Chief Judge of the Small Causes Court. 34. Procedure if election fails or is set aside. Appointment of Councillors by State Government. 35. [Repealed.] Proceedings of the Corporation. 36. Provisions regulating the Corporation’s Proceedings. 36A. Power to order withdrawal of member. Mayor. 37. Mayor and Deputy Mayor. 37-IA. Leader of Opposition. 37-IA-I. Leader of the House. 37-I-B. [Deleted.] 37-I-C. [Deleted.] 37-I-D. [Deleted.] 37-I-E. [Deleted.] Honoraria, fees and allowances. 37A. Honoraria, fees or allowances. 37B. [Deleted.] Committees. 38. Appointment of consultative Committees for special purposes. 38A. Special Committees of the Corporation. 38B. Special Committees of the Standing Committee, the Improvements Committee or the Education Committee. 38C. Appointment of Sub-Committees by the Improvements Committee. 39. Appointment of Primary Education Consultative Committee. 40. Committee may be appointed for other educational purposes. 41. Appointment of Hospital Committee. 42. Constitution of Standing Committee. 43. Members of the Standing Committee when to be appointed. 44. Appointment of Chairman of Standing Committee. 45. Members of Standing Committee to retire by rotation. 46. Appointment of members of Standing Committee to replace those who retire. 46A. Member of Standing Committee absenting himself for three months from meetings to vacate seat. 47. Casual vacancies in the Standing Committee how to be filled up. H 4094—1a  L 1 H 4094 (iv) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS. 48. Each Standing Committee to continue in office till a new Committee is appointed. 49. Provisions regulating the proceedings of the Standing Committee. 49A. Improvements Committee to be constituted for the purpose of carrying out the improvement of the city. 49B. Constitution of the Improvements Committee. 49C. Members of Improvements Committee when to be appointed. 49D. Appointment of Chairman of Improvements Committee. 49E. Members of Improvements Committee to retire by rotation. 49F. Appointment of Members of Improvements Committee to replace those who retire. 49G. Casual vacancies in the Improvements Committee how to be filled up. 49H. Improvements Committee to continue in office till a new Committee is appointed. 49I. Provisions to regulate the proceedings of the Improvements Committee. 50. Constitution of Brihan Mumbai Electric Supply and Transport Committee and term of office of its Members. 50A. Disqualification of members of Brihan Mumbai Electric Supply and Transport Committee. 50B. Casual vacancies how to be filled up. 50C. Chairman of Brihan Mumbai Electric Supply and Transport Committee. 50D. Meetings of Brihan Mumbai Electric Supply and Transport Committee. 50E. Fees for attendance at meetings of Brihan Mumbai Electric Supply and Transport Committee. 50F. Sub-Committees of the Brihan Mumbai Electric Supply and Transport Committee. 50G. Constitution of Education Committee. 50H. Members of Education Committee when to be appointed. 50I. Disqualifications of Members of Education Committee. 50J. Appointment of Chairman of Education Committee. 50K. Members of Education Committee to retire by rotation. 50L. Appointment of members of Education Committee to replace those who retire. 50M. Casual vacancies in Education Committee how to be filled up. 50N. Each Education Committee to continue in office till new Committee is appointed. 50O. Education Committee to act notwithstanding default, etc., in appointment of members. 50P. Meetings of Education Committee. 50Q. Right of Municipal Commissioner and Education Officer to be present. 50R. Appointment of Sub-Committees by Education Committee. 50S. Elections to Committees to be by proportional representation. 50T. [Deleted.] Wards Committees. 50TT. Constitution of Wards Committees.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (v) SECTIONS. Provisions regarding validity of proceedings. 51. Vacancy in Corporation or in any Committee not to invalidate their proceedings. 52. Proceedings of Corporation, etc. not vitiated by disqualification, etc. of Members thereof. 53. Proceedings of meetings to be deemed to be good and valid until the contrary is proved. 53A. Exercise of powers and discharge of duties of any Committee by corporation. 53B. Removal of Chairman or Deputy Chairman of Committees. (F) The Municipal Commissioner. 54. Appointment of the Commissioner. The Director. 54A. Appointment of the Director. Deputy Municipal Commissioner. 55. Appointment of a Deputy Municipal Commissioner. 56. Functions of the Director and a Deputy Commissioner. 56A. Appointment of Deputy Municipal Commissioner (Improvements). 56B. Functions of the Deputy Municipal Commissioner (Improvements). Remuneration of Commissioner, Director and Deputy Commissioner. 57. Salary of the Commissioner. Duties which may be undertaken by the Commissioner outside of this Act. 58. Remuneration of the Director and a Deputy Commissioner. 58A. Remuneration of the Deputy Municipal Commissioner (Improvements). Provisions for absence of Commissioner, Director or Deputy Commissioner on leave. 59. Grant of leave of absence to the Commissioner, Director or Deputy Commissioner. Allowance whilst absent on leave. Appointment and remuneration of acting Commissioner or acting Director or a Deputy Commissioner. Disqualifications of the Commissioner, Director and Deputy Commissioner. 60. Commissioner, Director and Deputy Commissioner not to be interested in any contract with the Corporation. (G) The General Manager 60A. Appointment of General Manager. 60B. Leave of absence to General Manager.  L 1 H 4094 (vi) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS. 60C. Disqualifications of General Manager. 60D. Appointment of Chief Accounts Officer. CHAPTER III. DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES. Obligatory and Discretionery Duties of the Corporation. 61. Matters to be provided for by the Corporation. 62. Corporation to provide a monthly sum to State Government for maintaining certain Medical Institutions in Mumbai. 62A. Fees to be charged by the Corporation in public hospitals and dispensaries. 62B. Extent of benefit to Corporation by change in policy of State Government in regard to their liability in respect of primary education. 62BB. Directions by State Government regarding subjects, etc. in schools. 62C. Primary schools and schools maintained by grants to be open to officers appointed by State Government for inspection. 62D. Corporation to provide annual sum for the Prince of Wales Museum of Western India. 62E. Corporation to provide for maintenance of lunatics. 63. Matters which may be provided for by the Corporation at their discretion. 63A. Performance of functions by agencies. 63B. Environment Status Report. Respective Functions of the Several Municipal Authorities. 64. Functions of the several municipal authorities. 64A. Citizens Charter. 64B. Delegation of powers. 65. Corporation may call for extracts from proceedings, etc., from committee. 66. Corporation may require the Mayor to produce documents and furnish returns, reports, etc. 66A. Right to ask questions. 66B. Discussion on urgent public matters. 66C. Asking statement from Commissioner. 67. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure. 68. Delegation of powers of Municipal Authority of the Commissioner. 68A. [Deleted.] 68AA. Government officers may be empowered to exercise certain powers, etc. of the Commissioner. 68B. [Deleted.] Contracts.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (vii) SECTIONS. 69. Power to the Commissioner to execute contracts on behalf of the Corporation. 70. Mode of executing contracts. 71. Contract not binding on the Corporation unless executed as prescribed in section 70. 72. Tenders to be invited for contracts involving expenditure exceeding three lakhs rupees. 72A. Power to execute contract with unemployed Engineers. 73. Security when to be taken for performance of contract. 73-1A. Saving of contracts under Chapter XVI-A. CHAPTER IV. MUNICIPAL OFFICERS AND SERVANTS. Special Engineer, City Engineer, Hydraulic Engineer, Executive Health Officer, Education Officer, Municipal Secretary, Municipal Chief Auditor and other Officers. 73A. Appointment of Special Engineer. 74. Appointment of City Engineer, Executive Health Officer and Hydraulic Engineer. 75. Time within which vacancy in office of City Engineer or Executive Health Officer or Hydraulic Engineer must be filled up. 76. Executive Health Officer to be the Consulting Officer of Health under Bombay Act VI of 1867. Education officer. 76A. Appointment of Education Officer. Appointment of Medical Officers in connection with measures of public medical relief. 76B. Corporation to appoint qualified Medical Practioners to the charge of hospitals maintained by the Corporation. Municipal Secretary. 77. Appointment of Municipal Secretary. 78. Appointment of clerks and servants subordinate to the Municipal Secretary. Control, etc., of the said clerks and servants. Municipal Chief Auditor. 78A. Appointment of Municipal Chief Auditor. 78B. Appointment, salaries, fees, allowances and duties of Assistant Auditors, Clerks and servants subordinate to the Municipal Chief auditor. Control, etc., of the said assistant auditors, clerks and servants. Municipal Chief Accountant.  L 1 H 4094 (viii) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS. 78C. Appointment of Municipal Chief Accountant (Finance). 78D. Appointment of Municipal Chief Accountant (Water Supply and Sewerage). 78E. Appointment of Municipal Chief Accountant (Treasury). 78F. Power of State Government to notify posts to be filled in by deputation. Other Officers and Servants. 79. Schedule of other officers and servants to be prepared by the Commissioner and sanctioned by the Standing Committee or the Education Committee. 80. Restriction of employment of permanent officers and servants. 80A. Power of appointment in whom to vest. 80B. Manner of making appointment. Leave of Absence, Acting Appointments, etc. 81. Standing Committee to frame regulations for grant of leave, etc. Such regulations to be subject to confirmation by the Corporation, and, if made under clause (f) by State Government. 82. [Repealed]. 83. Power of suspending, reducing, removing or dismissing and imposing other penalties in whom to vest. 84. Leave of absence by whom to be granted. 84A. Saving in respect of officers and servants appointed under Chapter XVI-A. 85. Acting appointments. 85A. Temporary appointments. Disqualifications of Municipal Officers and Servants. 86. Municipal officer or servant not to be interested in any contract with the Corporation. 86A. Sanction for prosecution of officers and servants of Corporation. CHAPTER IV-A 86A. Disclosure of specified information. CHAPTER V MUNICIPAL PROPERTY AND LIABILITIES. Acquisition of Property. 87. Powers of Corporation as to acquisition of property. 88. Transfer to the Corporation of the property of the Municipal Corporation. 89. Conditions affecting the vesting of the Vehar water-work in the Corporation.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (ix) SECTIONS. 89A. Lands and Buildings specified in Schedule V to vest in Government. 89B. [Deleted.] 89C. The Victoria and Albert Museum renamed as Dr. Bhau Daji Lad Museum and the site thereof to vest in the Corporation. 89D. Central Vaccine Depot at Parel to vest in the Corporation. 89E. All buildings used for primary education and the sites thereof to vest in the Corporation. 89F. Corporation to repay to State Government the amount of grant made for purposes of primary education in respect of certain buildings or sites if used for other purposes. 90. Acquisition of immovable property by agreement. 91. Procedure when immovable property cannot be acquired by agreement. 91A. Transfer of property to the Corporation. 91AA. Power to grant lease of Plot No. 3, the Co-operage Plot, or part thereof. 91 AAA. Power to lease part of Plot No. 4 (b) the Marine Lines Maidan, for certain purposes. 91B. Vesting of property in Government on the termination of lease granted by the Corporation. 91C. Power to apply certain lands vested in the Corporation to the purpose of any scheme under this Act. 91D. Property of abolished Municipalities and Local Authorities vesting in Corporation. 91DA. Property of abolished Municipalities and Local Authorities in extended suburbs vesting in Corporation. 91E. Decision of claims to property by or against the Corporation in the suburbs and the extended suburbs. 91F. Requisitioning of premises, vehicles, etc. for elections. 91G. Payment of compensation. 91H. Power to obtain information. 91I. Eviction from requisitioned premises. 91J. Release of premises from requisition. 91K. Power to make rules. 91L. Penalty for contravention of any order regarding requisitioning. Disposal of Property. 92. Provision governing the disposal of Municipal property. 92A. Obligation annexed to property binding on transferee. Liabilities. H 4094—2  L 1 H 4094 (x) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS. 93. Debts payable by the Corporation. Vehar water-works debts. The consolidated loan. House rate and market loans of 1867-68. New drainage loan of 1878. Sanitary works’ loans of 1885, 1886 and 1888. Tansa water-works’ loan. Drainage and water-works’ loan of 1888. Repayment of Moneys due to the Government. 94. Vehar water-works' debt repayable in monthly instalments. 95. Period of repayment of consolidated loan. Mode of repayment. 96. Payments to whom to be made. Notice of payments to be published. 97. In case of non-payment report to be made to the Chief Secretary to State Government. 98. Arrears may be recovered by detention of moneys due to the Corporation or by attachment of the municipal fund, etc. 99. Attachment not to defeat prior charge legally made. 100. Reversion of Vehar water-works to the Government in case of default in payment of any instalment of the debt due on their account. 101. Other rights, remedies of the Government not to be affected. 102. Method of appropriating payments on account of the Vehar water-works. 103. Method of appropriating payments on account of the consolidated loan. Repayment of House-rate and Market Loans of 1867-68. 104. Sinking fund for house-rate and market loans to be maintained. Publication of Annual Account of Balances due on Loans. 105. Account of balances due on loans to be published by the Commissioner yearly. CHAPTER V-A POWER TO EVICT PERSONS FROM CORPORATION PREMISES 105 A. Definitions. 105B. Power to evict person from Corporation premises. 105C. Power to recover rent or damages as arrears of property taxes. 105D. Rent to be recovered by deduction from salary or wages in case of Corporation employees. 105E. Commissioner to have powers of civil court. 105F. Appeals. 105G. Finality of orders. 105H. Power to make regulations. CHAPTER VI  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xi) SECTIONS. BORROWING POWERS 106. Power to borrow from Central or State Government or other persons. 106A. Restriction of utilisation of funds created by Corporation. 107. Provisions applicable to any new loan contracted with Central or State Government. 108. Mortgage of taxes or immovable property. 109. Provisions as to exercise of borrowing powers. 109A. Investment of sinking fund and surplus moneys in debentures issued by the Corporation. 109AA. Annual examinations of sinking funds. 109B. Corporation may take advance from banks and grant mortgage. 109C. Corporation to have power to borrow from banks against Government Promissory Notes or Securities. 110. Form of security. 110A. Issue of duplicate securities. 110AA. Renewal of debentures. 110AB. Renewal of debentures in case of dispute as to title. 110AC. Liability in respect of debenture renewed. 110AD. Discharge in certain cases. 110AE. Indemnity. 110B. Right of survivors of joint payees of securities. 110C. Power of one or two or more joint holders to grant receipts. 110D. Debentures issued under Bombay Acts IV of 1898 and XVI of 1925. 110DD. Issue of stock certificates. 110E. Provisions for loans, etc. raised by the Board of Trustees under Bombay Act IV of 1898 and Bombay Act XVI of 1925. 110F. Procedure in event of default by Corporation in payment of interest or investment of sinking fund charges. 110G. Procedure in case of default by Commissioner. 110H. Certain sums to be a charge upon the property of the Corporation. CHAPTER VII H 4094—2a  L 1 H 4094 (xii) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS. REVENUE AND EXPENDITURE The Municipal Fund 111. Constitution of the municipal fund. 111A. Annual grant by State Government from proceeds of entertainments duty. 112. Commissioner to receive payments on account of the municipal fund and to lodge them in a bank. 113. How the fund shall be drawn against. 114. Deposit of portion of the municipal fund may be made with bank or agency out of Mumbai when convenient. 115. Only sums covered by budget-grant to be expended from the municipal fund. Exceptions. 116. Drafts on the municipal fund to be checked by Officers of the Corporation. 117. Procedure when money not covered by a Budget-Grant is expended under clause (e), (f), (g) or (h) of section 115. 118. Purpose for which the municipal fund is to be applied. 118A. Municipal fund where to be expended. 119. Temporary payments from the municipal fund for works urgently required for public service. Special funds 119A. Constitution of the Consolidated Water Supply and Sewerage Disposal Loan Fund. 119B. Constitution of the Water and Sewerage Fund. 120. Constitution of Fines Fund. 120A. Constitution of Welfare Fund. 121. Special funds may be created with the approval of the Corporation. Disposal of Balances 122. Investments of surplus money. Accounts 123. Accounts to be kept in forms prescribed by Standing Committee. 123A. Separate proforma accounts to be kept by the Commissioner. 123B. [Deleted.] 123BB. [Deleted.] 123C. Accounts in respect of primary education. 124. Preparation of annual administration report and statement of accounts. Annual Budget Estimate  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xiii) SECTIONS. 125. Estimates of expenditure and income to be prepared by the Commissioner. 125A. Classification of budget heads. 126. Budget estimates to be prepared by the Commissioner. 126A. Estimates of expenditure and income of the Brihan Mumbai Electric Supply and Transport Undertaking to be prepared annually by General Manager. 126B. Budget estimate to be prepared by Brihan Mumbai Electric Supply and Transport Committee. 126C. Estimates of expenditure and receipts of primary education. 126D: Budget Estimate “ E ” to be prepared by Education Committee. 126E. Estimate of expenditure and receipts for the purposes of Chapters IX and X. 126F. Budget Estimate “ G ” to be prepared by Standing Committee. 126G. Report on services provided in a subsidised manner. 127. Consideration of Budget estimates by Corporation. 128. Fixing rates of municipal taxes and of fares and charges of Brihan Mumbai Electric Supply and Transport Undertaking. 129. Final adoption of budget estimates. 130. Budget grant defined. 131. Corporation may increase amount of budget grants and make additional grants. 132. Rules as to unexpended budget grants. 133. Reductions and transfer. 134. Re-adjustment of income and expenditure to be made by the Corporation during course of official year whenever necessary. Scrutiny and Audit of Accounts. 135. Monthly scrutiny of accounts by municipal chief auditor and scrutiny of account by the Standing Committee. 136. Duties and powers of the municipal chief auditor. 137. Report by the municipal chief auditor. 137A. Application of sections 135, 136 and 137 to accounts of the Brihan Mumbai Electric Supply and Transport Fund. 138. A special audit may be directed by State Government. CHAPTER VIII MUNICIPAL TAXATION.  L 1 H 4094 (xiv) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS. Municipal Taxes defined. 139. Taxes to be imposed under this Act. PROPERTY TAXES. Property taxes leviable on rateable value or capital value. 139A. Property taxes what to consist. 140. Property taxes of what to consist and at what rate leviable on rateable value or, capital value, as the case may be, and at what rate. 140A. Property taxes to be levied on capital value and the rate thereof. 141. Water-taxes on what premises to be levied. 142. Sewerage taxes on what premises to be levied. 143. General tax on what premises to be levied. 144. Payment to be made to the Corporation in lieu of the general tax by the Central Government or the State Government, as the case may be. 144A. Concession in payment of property tax. 144B. Temporary provision for levy of property tax at reduced rate in respect of certain buildings. 144C. Temporary provision for levy of property tax at reduced rate in respect of buildings or tenements constructed for economically weaker sections of society by certain institutions. 144D. Levy of property tax at reduced rate in respect of buildings and lands of Special Development Projects. 144E. Levy of property tax at reduced rates in respect of buildings and lands of Special Development Projects. 145. Amendment of section 36, Bombay Act IV of 1879. Liability for Property-taxes. 146. Primary responsibility for property-taxes on whom to rest. 147. Apportionment of responsibility for property-tax when the premises assessed, are let or sub-let. 148. Person primarily liable for property-tax entitled to credit, if he is a rent payer. Notice of transfer etc. of premises assessable to property-taxes. 149. Notice to be given to the Commissioner of all transfers of title of persons primarily liable to payment of property-tax. 150. Form of notice. 151. Liability for payment of property-taxes to continue in the absence of any notice of transfer. 152. Notice to be given to the Commissioner of the erection of a new building, etc. 152A. Levy of penalty on unlawful building.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xv) SECTIONS. 153. Notice to be given to the Commissioner of demolition or removal of a building. Valuation of property assessable to property-taxes. 154. Rateable value or capital value how to be determined. 154A. Provisional fixation of capital value in certain cases. 155. Commissioner may call for information or returns from owner or occupier or enter and inspect assessable premises. Assessment-book. 156. Assessment-book what to contain. 157. The assessment-book to be made separately for each ward and in parts, if necessary. 158. Treatment of property which is let to two or more persons in separate occupancies. [Deleted.] 159. Person primarily liable for property-taxes how to be designated, if his name cannot be ascertained. Occupier liable for property-taxes until he gives information. 160. Public notice to be given when valuation of property in any ward has been completed. 161. Assessment-book to be open to inspection. 162. Time for filing complaints against valuations to be publicly announced. Special notices to be issued in certain cases. 163. Time and manner of filing complaints against valuation. 164. Notice to complainants of day fixed for investigating their complaints. 165. Hearing of complaint. 166. Authentication of ward assessment-books when all complaints have been disposed of. 167. Assessment-book may be amended by the Commissioner during the official year. 168. New assessment-book need not be prepared every official year. Special provisions concerning the Water and Sewerage taxes and charges. 169. Rules for water taxes and charges. 170. Rules for sewerage taxes and charges. 171. [Deleted.] 172. Rules for water charges and sewerage taxes and charges and amendment thereof.  L 1 H 4094 (xvi) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS 173. Water-tax, water charges, sewerage tax or sewerage charges paid by any person may be recovered by him from the occupier of the premises for which it is paid. 173A. Owner of premises entitled to recover water charges from occupiers of tenements. 173B. Water charges paid by owners but not recovered from occupiers not to operate to diminish annual rent for purposes of section 154. 173BA. Section 173B not to have effect. 173BB. Owner of premises entitled to recover sewerage charges from occupiers of tenements. 173C. Occupier of premises entitled to recover water, taxes and charges from owner, when he is not bound to pay but pays them to Commissioner. Refund of property taxes for vacancies 174. Refund of the water tax and sewerage tax when and to what extent obtainable. 175. [Deleted.] 176. Refund not claimable unless notice of vacancy is given to the Commissioner. 177. Refund of water tax inadmissible unless application for stopping water supply has been made. 178. [Deleted.] 179. Applications for refund when and how to be made. [Sections 180 to 191 deleted by Mah. 11 of 2002.] Tax on Dogs 191A. Tax on dogs. 191B. Licence and number ticket for dogs. 191BA. Control and other provisions as to dogs. 191BB. Exemption of dogs kept by certain Consular Officers. 191C. Protection of persons acting in good faith. 191D. Certain sections not to apply. Theatre Tax Tax on cinemas, theatres, circuses, carnivals and other performances or shows. 191E. Theatre tax. 191F. Liability to pay theatre tax. 191G. Register of persons liable to pay theatre tax. 191H. Returns by persons liable to pay theatre tax. 191I. Power of inspection. 191J. Notice of demand. 191K. Rules governing theatre tax.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xvii) SECTIONS Octroi 192. Octroi on what articles and at what rates leviable. 193. Table of rates of octroi to be affixed on certain places. 194. Exemption of articles belonging to the Government from Octroi. Refund of octroi on articles which become the property of the Government after importation. 194-1 A. Exemption of articles belonging to certain Consular Officer from octroi. 194A. Exemption of articles imported for immediate exportation. 195. Refund of octroi on export. 195- 1A. Exemption of gifts, etc., from octroi. 195-1B. General rules regarding octroi. 195A. [Deleted.] 195B. [Deleted.] 195C. Accounts to be kept; exercise by corporation of option to take over arbitration. 195D. Definition of loan. Education Cess 195E. Levy of education cess. 195F. Payment to be made to Corporation in lieu of education cess by State Government. Street Tax 195G. Street tax. Supplementary Taxation 196. Any tax imposable under this Act may be increased by way of imposing supplementary taxation. Collection of Taxes 197. Property-taxes payable half-yearly in advance. 198. [Deleted.] 199. Octroi payable on demand. 200. Service of bills for certain taxes. 200A. Rebate in respect of advance payment of tax. 201. When one bill may be served for several claims. 202. Levy of penalty on unpaid amount of bill. 203. Distress and attachment. 204. Goods of defaulter may be distrained wherever found. 205. Inventory and notice of distress and sale. 206. Sale. 207. Fees for warrants, distraints and attachments and maintenance of animals seized. H 4094—3  L 1 H 4094 (xviii) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS 207A. [Deleted.] 208. Fees for cost of recovery and penalty may be remitted. 208A. [Deleted.] 209. When occupiers may be held liable for payment of property taxes. 209A. When tenant-members may be held liable for payment of property taxes due from Co-operative Housing Societies. 209B. When joint owners of property may be held liable severally for payment of property tax due from them. 210. Summary proceedings may be taken against persons about to leave Brihan Mumbai. 211. Defaulters may be sued for arrears, if necessary. 212. Property-taxes to be a first charge on premises on which they are assessed. 213. Collection of octroi how to be effected. 214. [Deleted.] 215. [Deleted.] 216. Writing-off of irrecoverable taxes. 216A. Special provision for facility for payment of property taxes. 216A. Power of Corporation to grant rebate for payment of arrears of tax. 216B. Power to assess in case of escape from assessment. Appeals against Valuations and Taxes. 217. Appeals when and to whom to lie. 218. Cause of complaint when to be deemed to have accrued. 218A. Arbitration. 218B. Appointment of expert valuer. 218BA. Section 218B not to have effect. 218C. Reference to High Court. 218D. Appeals. 218E. Cost of proceedings in appeal. 219. Unappealed values and taxes and decisions on appeal to be final. 219A. Assessment subject to valuation or revision by Municipal Property Tax Board. 219AB. Certain provisions to have overriding effect. CHAPTER IX DRAINS AND DRAINAGE WORKS Municipal Drains 220. Municipal drains to be under the control of the Commissioner. 220A. Vesting of water-courses. 221. Drains to be constructed and kept in repair by the Commissioner. 222. Powers for making drains. 223. Buildings, etc., not to be erected without permission over drains. 224. Alteration and discontinuance of drains. 225. Cleansing drains. 226. Powers of Commissioner to dig, construct and maintain tunnels below any land and to undertake related works for carrying sewage or storm water. 226A. Provision for payment of amount for any damage sustained by reason of powers to construct tunnels, etc. under last preceding section.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xix) SECTIONS Drains of Private Streets and Drainage of Premises 227. Power to connect drains of private streets with municipal drains. 228. Power of owners and occupiers of premises to drain into municipal drains. 229. Connections with municipal drains not to be made except in conformity with section 227 or 228. 229A. Buildings, etc., not to be erected without permission over any drains. 230. Right of owners and occupiers of premises to carry drains through land belonging to other persons. 230A. Owner of land to allow others to carry drains through the land. 231. Commissioner may enforce drainage of undrained premises situate within a hundred feet of a municipal drain. 232. Commissioner may enforce drainage of undrained premises not situate within a hundred feet of a municipal drain. 232A. Power of Commissioner to drain premises in combination. 233. Commissioner may close or limit the use of existing private drains. 233A. Vesting and maintenance of drains for sole use of properties. 234. New building not to be erected without drains. 235. Excrementitious matter not to be passed into cesspool. 236. Obligation of owners of drains to allow use thereof or joint ownership therein to others. 237. How right of use or joint ownership of a drain may be obtained by a person other than the owner. 238. Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint owner thereof. 239. Sewage and rain-water drains to be distinct. 240. Drains not to pass beneath buildings. 241. Position of cesspools. 242. Right to corporation to drains, etc. constructed, etc., at charge of municipal fund on premises not belonging to the corporation. 243. All drains and cesspools to be properly covered and ventilated. 244. Affixing of pipes for ventilation of drains, etc. Disposal of Sewerage 245. Appointment of places for emptying to drains and disposal of sewerage. 246. Provision of means for disposal of sewerage. Water-closets, Privies, Urinals, etc. 246A. Construction of water-closets and privies. 247. Water-closets and other accommodation in buildings newly erected or re-erected. 248. Where there is no such accommodation or the accommodation is insufficient or objectionable. 249. Power to require privy accommodation to be provided for factories, etc. 249A. Power of Commissioner as to unhealthy privies. 250. Provisions as to privies. 251. Provisions as to water-closets. H 4094—3a  L 1 H 4094 (xx) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS 251A. Position of privies and water-closets. 251B. Use of place for bathing or washing clothes or domestic utensils. 252. Public necessaries. 252A. Obligation of Corporation to partake common facility. Inspection 253. Drains, etc., not belonging to the corporation to be subject to inspection and examination. 254. Power to open ground, etc., for purposes of such inspection and examination. 255. When the expenses of inspection and examination are to be paid by the Commissioner. 256. When the expenses of inspection and examination are to be paid by the owner. 257. Commissioner may require repairs, etc., to be made. 257A. Cost of inspection and execution of work in certain cases. General Provisions 258. Prohibition of acts contravening the provisions of this Chapter or done without sanction. 259. When materials and work, may be supplied and done under this Chapter for any person by the Commissioner. 259A. Work to be done by licensed plumber ; permission to use as drain. 260. Commissioner may execute certain works under this Chapter without allowing option to person concerned of excuting the same. Expenses in such cases by whom to be paid. CHAPTER X WATER-SUPPLY Construction and Maintenance of Municipal Water-Works 260A. Definitions. 261. General powers for supplying the city with water. 262. Municipal water-works to be managed and kept in repair by the Commissioner. 263. Power of access to municipal water-works. 264. Inspection of municipal water-works by persons appointed by State Government. 265. Power of carrying water-mains and constructing tunnels, etc. 266. Fire-hydrants to be provided. 267. Prohibition of building and other acts which would injure sources of water-supply. 268. Buildings, etc., not to be erected over municipal water-main without permission. Public Gratuitous Water Supply 269. Vesting of public drinking fountains, etc., in the corporation. 270. Public drinking fountains, etc., may be set a part for particular purposes.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxi) SECTIONS Private Water Supply 270A. Premises not to be occupied without Commissioner’s certificate in respect of adequate water-supply. 271. Application for private water-supply from whom to be received. Commissioner may in certain cases require owners to obtain private water-supply. 272. Making and renewing connection with municipal water-works. 273. Commissioner may take charge of private connections. 273A. Power of Commissioner to alter position of connections. 274. Provisions as to cisterns and other fittings, etc., to be used for connections with water- works. 274A. Provision for keeping cisterns locked. 275. Communication-pipes, etc., to be kept in efficient repair by owner or occupier of premises. 276. Provision of meters when water is supplied by measurement. 277. Register of meter to be evidence. Inspection 278. Commissioner, etc., may inspect premises in order to examine meter, communication- pipes, etc. Cutting off private water-supply. 279. Power to cut off private water-supply or to turn off water. 280. Conditions as to use of water not to be contravened. 280A. Powers of Commissioner to carry private mains through land belonging to other persons. 280B. Recovery of expenses of laying water pipes. 281. Water-pipes, etc., not to be placed where water will be polluted. 282. Prohibition of fraudulent and unauthorised use of water. 283. Prohibition of fraud in respect of meters. General provisions. 284. Prohibition of wilful or neglectful acts relating to water-works. 285. Compensation to be payable by offenders against section 283 or 284. 286. What persons to be liable for offences under certain provisions of this Chapter. 287. When materials and works may be supplied and done under this Chapter for any person by the Commissioner. 287A. Commissioner may execute works under this Chapter without allowing option to persons concerned of executing the same. 287B. Works under Chapter X to be done by licensed plumber. 288. Power to suply water without Brihan Mumbai. CHAPTER XI REGULATION OF STREETS. Construction, Maintenance and Improvement of Public Streets. 289. Vesting of public streets in the corporation. Powers of Commissioner in respect of public streets. 290. Disposal of land forming site of closed streets. 291. Power to make new public streets. 292. Saving of provisions of sections 37 and 38 of Bom. Act VI of 1879. 293. [Deleted.]  L 1 H 4094 (xxii) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS 294. Minimum width of new public streets. 295. Power to construct or adopt public bridges, etc., over or under railways, etc. 296. Power to acquire premises for improvement of public street. Preservation of Regular Line in Public Streets. 297. Prescribing the regular line of a street. 298. Setting back buildings to regular line of the street. 299. Acquisition of open land or of land occupied by platforms, etc., within the regular line of a street. 300. Setting forward of buildings to regular line of the street. 301. Compensation to be paid in cases under the three last sections. Provisions concerning private streets. 302. Notice to be given to Commissioner of intention to lay out lands for building and for private street. 302A. Commissioner may call for further particulars. 302B. Commissioner may require plans to be prepared by licensed surveyor. 303. Laying out of land, private streets and buildings to be determined by Commissioner. 304. Land not to be appropriated for building and private streets not to be laid out until expiration of notice nor otherwise than in accordance with Commissioner’s directions. 305. Levelling and draining of private streets. 306. Power to declare private streets, when sewered, etc., public streets. 307. Applicability of sections 305 and 306 when a street is in part public and in part private. Projections and Obstructions. 308. Prohibition of projections upon streets, etc. Power to require removal of the same. 309. Power to require removal or alteration of structures, etc., in suburbs and extended suburbs. 310. Projections over streets may be permitted in certain cases. 311. Ground-floor doors, etc., not to open outwards on streets. 312. Prohibition of structures or fixtures which cause obstruction in streets. 313. Prohibitions of deposit, etc., of things in streets. 313A. Licence for sale in public places. 313B. Licences for use of skill in handicrafts or rendering services for purposes of gain in public place or street. 314. Power to remove without notice anything erected, deposited or hawked in contravention of section 312, 313 or 313A. 315. Power to require removal of any structure or fixture erected or set up before section 312 came into force. 316. Prohibition of the tethering of animals in the public streets. Temporary Erections on Streets during Festivals. 317. Commissioner may permit booths, etc., to be erected on streets on festivals. Povisions concerning execution of works in or near to Streets. 318. Street when broken up for any municipal purpose to be restored without delay. 319. Commissioner may close street in which work is in progress. 320. Commissioner to provide for traffic, etc., pending execution of municipal work in any street.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxiii) SECTIONS 321. Precautions to be taken for the public safety whilst municipal works are in progress in any street. 322. Streets not to be opened or broken up and building materials not to be deposited thereon without permission. 323. Precautions for public safety to be taken by persons to whom permission is granted under section 322. 324. Persons to whom permission is granted under section 322 must reinstate streets, etc. 325. Provisions to be made by persons to whom permission is granted under section 322 for traffic, etc., when their works interrupt streets. 326. Hoards to be set up during work on any building adjecent to a street. 326A. Provision for parking or halting places or lots and fees or charges therefor. 326B. Power of Commissioner to introduce traffic demand measures. Naming of streets, etc. 327. Naming streets and numbering of premises. Sky-signs and Advertisements. 328. Regulation as to sky-signs. 328A. Regulation and control of advertisements. Dangerous places. 329. Commissioner to take proceedings for repairing or enclosing dagerous places. Lighting of streets. 330. Public streets to be lighted. 331. Prohibition of removal, etc., of lamps. 332. Persons accidentally breaking lamp to repair the damage. 333. Manner of laying gas-pipes. 334. Situation of gas-pipes, etc., may be altered by Commissioner. 335. Buildings, etc., not to be erected without permission over municipal gas-pipes. Watering of streets. 336. Measures for watering. CHAPTER XII BUILDING REGULATION Notices regarding erection of buildings. 337. Notice to be given to Commissioner of intention to erect a building. 338. Commissioner may require plans and other documents to be furnished. 339. Commissioner may require plans, etc., submitted under last preceding section, to be prepared by a licensed surveyor. 340. Additional information and the attendance of the person who gave the notice may be required. 341. Effect of non-compliance with requisition under section 338 or 340. Notices regarding execution of works not amounting to the erection of a building. 342. Notice to be given to the Commissioner of intention to make additions, etc., to, or change of user of, a building. 343. Plans and additional information may be called for.  L 1 H 4094 (xxiv) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS Forms of notices. 344. Printed forms of notices to be supplied to the public. Commencement of work 344A. Supervision of building and works. 345. When building or work may be proceeded with. 346. Building or work which is disapproved by the Commissioner may be proceeded with, subject to terms. 347. When work may be commenced. 347A. Building not to be converted to other purposes without the permission of the Commissioner. 347B. Building for human habitation not to be used as godown, etc. 347C. No alteration to be made in buildings for human habitation without written permission of Commissioner. Provisions as to Structure, Materials, etc. 348. Provisions as to building which are to be newly erected. 349. Roofs and external walls of buildings not to be of inflamable materials. 349A. Maximum height of buildings. 349B. Height of buildings with reference to width of streets. Provision in case of set-back. 349C. Frame-buildings. 349D. Provision of sufficient means of egress. 349E. Special conditions with respect to erection or re-erection of buildings, maximum heights of buildings, etc., in suburbs and extended suburbs. Inspection. 350. Inspection of building in course of erection, alteration, etc. 351. Proceeding to be taken in respect of building or work commenced contrary to section 347. 352. Building or works commenced contrary to section 347 may be cut into and laid open for purposes of inspection. 352A. Conferment temporarily of summary powers for demolition on the Designated Officer. 353. Enforcement of provisions concerning building and work. 353A. Completion certificates, permission to occupy or use. 353B. Structural Stability Certificate. Dangerous structures. 354. Removal of structures, etc., which are in ruins or likely to fall. Works unlawfully carried on. 354A. Power of Designated Officer to stop erection of building or work commenced or carried on unlawfully. Regulation of Certain Classes of buildings in particular localities. 354AA. Power to regulate future construction of certain classes of buildings in particular streets or localities. 354AB. Responsibility of owner or occupier to keep and maintain exterior of building in good condition. 354AC. Power of Commissioner to make declaration of asthetic harmony. CHAPTER XII-A CITY IMPROVEMEMT 354B. Transfer of right, etc., of the Board to the corporation. Improvement Schemes. 354C. Commissioner to make a draft improvement scheme.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxv) SECTIONS 354CC. No improvement schemes for areas for which housing schemes sanctioned under Bom. XXVIII of 1973. 354D. Improvement Committee to consider and approve draft scheme submitted by Commissioner. 354E. Particulars to be provided for in an improvement scheme. 354F. Considerations which shall prevail in making the scheme. 354G. Procedure on completion of the scheme. 354H. Right of owner to demand acquisition on issue of notification when building operations are in progress. 354I. Right of owner to demand acquisition or withdrawal by the corporation after the lapse of two years from the date of notification. 354J. Improvements Committee after publication and service of notices to forward the scheme to the corporation for approval. 354K. Corporation to consider the improvement scheme and to approve or disapprove. 354L. Commissioner to apply to State Government for sanction to the scheme. 354M. On receipt of sanction declaration to be published giving particulars of land to be acquired and on publication of such declaration the Commissioner to be authorised to execute the scheme. 354N. If the corporation fail to acquire the land, owner may call upon Corporation to acquire it or to withdraw from the proposal. Police Accommodation Schemes 354O. The Corporation to have power to make a police accommodation scheme. 354P. Procedure on completion of a scheme. 354Q. Vesting of land in corporation. Clearance areas 354R. Power to declare an area to be a clearance area. 354RA. Clearance orders. 354RB. Acquisition of land surrounded by or adjoining a clearance area. 354RC. Provisions with respect to property belonging to the corporation within, surrounded by or adjoining a clearance area. 354RD. Acquisition of land in a clearance area. 354RE. Treatment of a clearance area. 354RF. Arrangements where acquisition of land in a clearance area found to be unnecessary. 354RG. Power to acquire cleared land which owners have failed to redevelop. 354RH. Power of Court to determine lease where premises demolished. Re-development areas 354RI. Power to declare an area to be a re-development area. 354RJ. Re-development plan. 354RK. Acquisition of land for purposes of re-development, General provisions as to land purchased for clearance or re-development. 354RL. Extinguishment of ways, easements etc., over land acquired under sections 354RD, 354RG and 354RK. H 4094—4  L 1 H 4094 (xxvi) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS Provision of housing accommodation for the poorer classes. 354RM. Mode of provision of accommodation. 354RN. Power of Commissioner to acquire land for housing accommodation. 354RO. Mode of acquisition of land for housing accommodation. 354RP. Power of dealing with land acquired or appropriated for provision of housing accommodation. 354RQ. Supplementary power in connection with provision of accommodation. Land Acquisition 354S. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement. 354SA. Determination by a special Tribunal in certain cases. 354T. Special provisions as to compensation. 354U. Collector to take possession after making an award and transfer land to corporation Levy of betterment charges 354UA. Condition for levying betterment charge in clearance and re-development areas. 354UB. Method of calculating charge. 354UC. Procedure for determining charge. 354V. [Deleted.] Building Loans 354W. Power to grant loans for building purposes. 354WA. Power of Commissioner to make advances for the purposes of increasing housing accommodation. 354WB. Power of Commissioner to promote and assist housing associations. 354WBB Power of Commissioner to grant loans to municipal officers and servants for houses. Provisions relating to lands comprised in Schedules W, Y and Z 354WC Compensation to corporation on resumption of certain land. 354X. Payment to be made by State Government. CHAPTER XIII LICENSING OF SURVEYORS AND PLUMBERS 355. Grant of licences to surveyors and plumbers. 356. Regulations may be prescribed for guidance of licences to surveyors and plumbers. 357. Fees and charges of licensed plumbers to be prescribed by the Standing Committee. 358. Licensed plumber to be bound to execute work properly.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxvii) SECTIONS CHAPTER XIV MUNICIPAL FIRE-BRIGADE 359. Maintenance of firemen and of necessary fire-engines, etc. 360. Power to make regulation for fire-brigade. 361. Powers of chief officer of fire-brigade at a fire. 362. Police and municipal officers and servants to aid the fire-brigade. 363. Damages done by fire-brigade to be deemed damaged by fire. 364. Reports of fires to be submitted. CHAPTER XV SANITARY PROVISIONS. Scavenging and Cleansing 365. Commissioner to provide for cleansing of streets and removal of refuse. 366. Refuse, etc., to be the property of the Corporation. 367. Provision and appointment of receptacles, depots and places for refuse, etc. 368. Duty of owners and occupiers to collect and deposit dust, etc. 369. Provision may be made by Commissioner for collection, etc., of excrementitious and polluted matter. 370. Collection and removal of excermentitious and polluted matter when to be provided for by occupiers. 371. Halalkhor’s duties in certain cases may not be discharged by private individuals without the Commissioner’s permission. 372. Prohibition of— failure to remove refuse, etc., when bound to do so ; removal of refuse, etc., contrary to orders or without proper precautions ; failure to clear away any refuse, etc., which drops during removal; leaving filth carts, etc., unnecessarily in the streets ; throwing or placing refuse, etc., in any place not assigned for the purpose ; allowing filthy matter to flow or soak from any premises and keeping anything thereupon so as to create a nuisance. 373. Presumptions as to offender under clause (e) of section 372. Inspection and sanitary regulation of premises 374. Power to inspect premises for sanitary purpose. 375. Cleansing and lime washing of any building may be required. 375A. Removal of building materials from any premises may be required. 376. Abandoned or unoccupied premises. 377. Neglected premises. Neglected private streets. 377A. Nuisance arising from defective roof. 378. Buildings or rooms in buildings unfit for human habitation. 378A. Power to require repair of insanitary buildings. 378B. Power to order demolition of insanitary building. H 4094—4a  L 1 H 4094 (xxviii) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS 378C. Procedure where demolition order made. 378D. Regulations to determine the fitness of a building. 378E. Power to order demolition of obstructive building. 378F. Effect of order for demolition of obstructive building. 378G. Compensation for acquiring obstructive building recoverable in certain cases as improvement expenses. 378H. Appeal against demolition orders. 378I. Prohibition of back-to-back buildings. 379. Power of Commissioner to call for statement of accommodation. 379A. Overcrowded dwellings. 380. Insanitary huts and sheds. 381. Filling in of pools, etc., which are a nuisance. 381A. Permissions for new well, etc. 381B. Prohibition of mosquito breeding in collection of water on any land. 382. Dangerous quarrying may be stopped. 383. Removal and trimming of trees, shrubs and hedges. Keeping and Destruction of Animals and Disposal of Carcasses. 384. Prohibition as to keeping animals. 384A. Stabling animals or storing grain in dwelling houses may be prohibited. 385. Removal of carcasses of dead animals. Regulation of public bathing, washing etc. 386. Places for public bathing, etc., to be fixed by the Commissioner. 387. Regulation of use of public bathing places, etc. 388. Prohibition of bathing, etc., contrary to order or regulation. 389. Prohibition of corruption of water by steeping therein animal or other matter, etc. Regulation of Factories, Trades, etc. 390. Factory, etc., not to be newly established without permission of the Commissioner. 391. Furnaces used in trade or manufacture to consume their own smoke. 392. Sanitary regulation of factories, etc. 393. Prohibition of use of steam-whistle or steam-trumpet without permission of the Commissioner. 394. Certain articles or animals not to be kept and certain trades, processes and operations not to be carried on, without a licence ; and things liable to be seized, destroyed, etc., to prevent danger or nuisance. 394A. Power to prohibit the keeping of certain articles of dangerous character in certain premises or areas. 395. Prohibition of corruption of water by chemicals, etc. 396. Power of inspection, etc., of premises where licensable articles are kept or trade, process or operation carried on or where prohibited articles are kept. 397. Regulation of washing of clothes by washermen ; Washing places to be provided by the Commissioner for washermen.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxix) SECTIONS Maintenance and Regulation of Markets and Slaughter-houses. 398. What to be deemed municipal markets and slaughter-houses. 399. Provisions of new municipal markets and slaughter-houses. 400. Municipal markets and slaughter-houses may be closed. 401. Prohibition of sale in a municipal market without licence of Commissioner. 402. Opening of new private markets. 403. Private markets not to be kept or permitted to be kept open and no place to be used or permitted to be used as slaughter-houses, without licence. 404. Prohibition of sale in unauthorised private markets. 405. Provision for requiring private market building and slaugter-houses to be properly paved and drained. 406. Regulations to be framed for markets and slaughter-houses. 407. Levy of stallages, rents and fees in municipal markets and slaughter-houses. 407A. Removal of live cattle, sheep, goats or swine, from any municipal slaughter-house, market or premises. 408. Regulations and table of stallage-rents to be posted up in markets and slaughter-houses. 409. Power to expel persons contravening by-laws or regulations. Sale or Supply of articles of food outside of markets. 410. Prohibition of sale or supply of animals, etc., except in a market. Licensing of butchers, etc. 411. Butchers and persons who sell or supply the flesh of animals to be licensed. 412. Prohibition of import of cattle, etc., into Brihan Mumbai without permission. 412A. Licence required for dealing in milk, etc. Inspection of place of sales, etc. 413. Commissioner may enter and places where slaughter of animals or sale of flesh contrary to the provisions of this Act is suspected. 414. Commissioner to provide for inspection of articles exposed for sale for human food. 415. Unwholesome articles, etc., to be seized. 416. Disposal of perishable articles seized under section 415. 417. Disposal of animals and articles of a non-perishable nature seized under section 415. 417A. [Deleted.] 417B. Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food. 417C. Application for summons to be refused if not applied for within reasonable time.  L 1 H 4094 (xxx) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS Weights and Measures. 418. [Deleted.] 419. [Deleted.] 420. [Deleted.] Prevention of spread of dangerous diseases. 421. Information to be given of existence of dangerous disease or continuous pyrexia of unknown origin. 422. Any place may at any time be inspected for purpose of preventing spread of dangerous disease. 423. Prohibition of use for drinking of water likely to cause dangerous disease. 424. Commissioner may order removal of patient to hospital. 425. Disinfection of buildings, etc. 426. Destruction of huts and sheds, when necessary. 426A. Second-hand clothing and bedding not to be brought into Brihan Mumbai without informing Commissioner and getting them inspected. 427. Place for disinfection may be provided also for washing infected articles. Infected articles may be destroyed. 428. Persons suffering from dangerous disease not to enter a public conveyance without notifying the same. 429. Provision of carriages for conveyance of patients. 430. Provisions as to carriage of person suffering from dangerous disease in public conveyances. 431. Public conveyance which has carried a person suffering from dangerous disease to be disinfected. 432. Infected articles not to be transmitted, etc., without previous disinfection. 433. Infected building not to be let without being first disinfected. Special sanitary measures. 434. Commissioner may take special measures on outbreak of any dangerous disease. Disposal of the dead. 435. Places for disposal of the dead to be registered. 436. Provision of new places for disposal of the dead. 437. New places for disposal of the dead not to be opened without permission of Commissioner. 438. State Government may direct the closing of any place for the disposal of the dead. 439. State Government may sanction the re-opening of places which have been closed for the disposal of the dead. 440. Burials within places of worship and exhumations not to be made without the permission of the Commissioner. 441. Acts prohibited in connection with the disposal of the dead.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxxi) SECTIONS CHAPTER XV-A. POUNDS AND PREVENTION OF CATTLE TRESPASS. 441A. Sections 90 to 94 of Bombay Police Act to cease to apply to Brihan Mumbai. 441B. Power to establish cattle pounds and appoint pound- keepers. 441C. Impounding of cattle. 441D. Delivery of cattle claimed. 441E. Sale of cattle not claimed. 441F. Rates of pound fees and expenses to be fixed. 441G. Penalty for allowing cattle to stray in street or to trespass upon private or public property. CHAPTER XVI. VITAL STATISTICS. Registration of Births and Deaths. 442. Appointment of registrars. 443. Registrars to reside in the respective districts. 444. Register-books to be supplied. 445. Registrars to inform themselves of all births and deaths. 446. Information of birth to be given within seven days. Saving for father of illegitimate child. 447. Information respecting finding of new-born child to be given. 448. Officers to be appointed to receive information of deaths at places for disposal of the dead. 449. Information of death to be given at the time when the corpse of the deceased is disposed of. 450. Medical practitioner who attended a deceased person to certify the cause of his death. 451. Preparation of register-book of deaths and of mortality returns, etc. 452. Correction of errors in registers of births or deaths. 453. Registration of name of child or of alteration of name. Taking of census. 454. Enumeration of inhabitants. 455. Commissioner to superintend the enumeration. 456. Delivery of blank schedules and returns. 457. Obligation to fill up blank schedules and returns. 458. Occupier to amend returns, if found defective. 459. Military, naval and police officers and certain others, if required, to act as enumerators. 460. Returns of houseless persons.  L 1 H 4094 (xxxii) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS CHAPTER XVl-A. THE BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING The operation of the undertaking and the construction and maintenance of works 460A. Management of Undertaking by General Manager. 460B. Power of access to works. 460C. Power of carrying, renewing and repairing works. 460D. [Deleted.] 460E. [Deleted.] 460F. Reservation of power over streets of Bombay Gas Co. Ltd. 460G. Restriction on building and other acts interfering with works of the undertaking. Fixing Fares and Charges. 460H. Levy of fares and charges for transport services and penalty for failure to pay proper fares and excess charges. 460I. Levy of charges for electricity. 460J. [Deleted.] Contracts entered into for the purposes of the undertaking. 460K. Making of contracts. 460L. Mode of executing contracts. 460M. Tenders to be invited for contracts involving expenditure exceeding rupees fifty thousand. 460N. Security to be taken for performance of contracts. Acquisition and disposal of property. 460O. Acquisition of immovable property by agreement. 460P. Procedure when immovable property cannot be acquired by agreement. 460Q. Provisions governing disposal of municipal property. Officers and Servants. 460R. Schedule of permanent officers and servants to be prepared by General Manager and sanctioned by Brihan Mumbai Electric Supply and Transport Committee. 460S. Restriction on appointment of permanent officers and servants. 460T. Creation of temporary post. 460U. Power of appointment in whom to vest. 460V. Brihan Mumbai Electric Supply and Transport Committee to frame service regulations. 460W. Power of suspending, punishing and dismissing in whom to vest. 460X. Leave of absence. 460Y. Acting appointments. REVENUE AND EXPENDITURE. The Brihan Mumbai Electric Supply and Transport Fund. 460Z. Constitution of Brihan Mumbai Electric Supply and Transport Fund. 460AA. General Manager to receive payments on account Brihan Mumbai Electric Supply and Transport Fund and to lodge them in bank. 460BB How Brihan Mumbai Electric Supply and Transport Fund shall be drawn against. 460CC. Deposit of portion of Brihan Mumbai Electric Supply and Transport Fund may be made with bank or agency out of Brihan Mumbai when convenient. 460DD. Only sums covered by budget-grant to be expended from Brihan Mumbai Electric Supply and Transport Fund. 460EE. Drafts on Brihan Mumbai Electric Supply und Transport Fund to be checked by officer of the Brihan Mumbai Electric Supply and Transport Committee. 460FF. Procedure when money not covered by budget-grant is expended under clause (c) or (d) of the proviso to sub-section (1) of section 460DD. 460GG. Purposes for which the Brihan Mumbai Electric Supply and Transport Fund is to be applied.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxxiii) SECTIONS Special Funds. 460HH. Institution of Brihan Mumbai Electric Supply and Transport Staff Benefit Fund. 460II. Other special funds. Disposal of Balances. 460JJ. Investment of surplus moneys. Payment out of surplus balance. 460KK. Fixed annual payment to municipal fund. 460LL. Disposal of surplus balance of revenue. Accounts. 460MM. Accounts of the Brihan Mumbai Electric Supply and Transport Undertaking. 460NN. Preparation of annual administration report and statement of accounts. Miscellaneous. 460OO. Power of Police to regulate traffic on streets. 460PP. Right of public to use streets on which tramway is laid. CHAPTER XVII. BY-LAWS. 461. By-laws for purposes other than the Brihan Mumbai Electric Supply and Transport Undertaking. 461A. By-laws for purposes of Brihan Mumbai Electric Supply and Transport Undertaking. 462. Punishment may be imposed for breach of by-laws. 463. By-laws to be confirmed by Central or State Government as the case may be. 464. Commissioner to lay draft by-laws before the corporation for their consideration. 465. Hearing by corporation of objection to proposed by-laws. 466. Proposed by-laws to be open to public inspection. 467. By-laws to be confirmed by Central or State Government to be published in the Official Gazette. 468. Printed copies of by-laws to be kept on sale. 469. Boards for exhibiting by-laws to be open to inspection and not to be injured. 469A. Application of sections 466, 468 and 469 to by-laws under section 461A. 470. Central or State Government, as the case may be, may repeal by-laws. CHAPTER XVIII. PENALTIES. 471. Certain offences punishable with fine. 472. Continuing offences. 473. Offences punishable under the Penal Code. 473A. Punishment for offences of preparing false election rolls or making false entries in ward lists. 474. Punishment for acquiring share or interest in contract, etc., with the corporation. : 474A. Penalty for obstructing lawful exercise of powers under Chapter V-A. H 4094—5  L 1 H 4094 (xxxiv) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS 475. Punishment of offences against section 267. 475A. Punishment for commencing work contrary to section 347. 475B. Punishment for failure to take action under section 351 or 354A. 475C. Compounding of certain offences. 476. Punishment of offences against section 391. 476AA. Punishment for keeping certain dangerous articles without a licence on prohibited areas. 476AB. Punishment for forfeiture of aticles for contravention of section 394(1)(a) or 394A. 476A. Punishment or using or permitting to be used without licence any place in or without Brihan Mumbai as slaughter-house. 476B. Punishment for importing cattle, etc., in Brihan Mumbai. 477. Extent of penal responsibility of agents and trustees of owners. 478. Punishment for offence relating to octroi. 478-1A. Penalty for evasion of octroi. 478-1AA.Compounding of offence of evasion of octroi. 478-1B. Penalty for breach of octroi rules. 478A. [Deleted]. 478B. [Deleted]. CHAPTER XIX. PROCEDURE. Licences. 479. Licences and written permission to specify condition, etc., on which they are granted. Fees to be chargeable. Licences and written permissions may be revoked, etc. When licence or witten permission is revoked, etc., grantee to be deemed to be without a licence or written permission. Grantees to be bound to produce licence or written permission. Public Notice and Advertisements. 480. Public notices how to be made known. 481. Advertisements how to be made. 482. Consent, etc. of Commissioner, General Manager, etc. may be proved by written document under his signature. Service of notices, etc. 483. Notice, etc., by whom to be served or presented. 484. Service how to be effected on owners of premises and other persons. 485. Service on owner or occupier of premises how to be effected. 485A. Power of Commissioner to call for information as to ownership to premises. 486. The four last sections inapplicable to Magistrate’s summonses. 486A. Service of bills for taxes by post. 487. Signature on notices, etc., may be stamped. Power of entry. 488. Commissioner, etc., may enter any premises for purposes of inspection, survey or execution of necessary work.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxxv) SECTIONS Power of eviction. 488A. Commissioner may evict persons summarily in certain cases. Enforcement of orders to execute works, etc. 489. Works, etc., which any person is required to execute may in certain cases be executed by the Commissioner at such person’s cost. 490. Recovery of expenses of removals by the Commissioner under sections 314, 315, 354 and 380. Recovery of expenses by the Commissioner and the General Manager. 491. Expenses recoverable under this Act to be payable on demand ; and if not paid on demand, may be recovered as an arrear of property tax. 492. If the defaulter is the owner of premises in respect of which expenses are payable, the occupier to be also liable for payment thereof. 493. Commissioner or General Manager may agree to receive payment of expenses in instalments. 494. What expenses may be declared to be improvement expenses. 495. Improvement expenses by whom payable. 496. Proportion of improvement expenses may be deducted from rent. 497. Redemption of charge for improvement expenses. 498. Recovery of instalments due under sections 493 and 495. 499. In default of owner the occupier of any premises may execute required work and recover expenses from the owner. 500. Limitation of liability of agent or trustee of owner. Payment of compensation. 501. Compensation for damages may be paid by the Commissioner or General Manager. 502. Compensation to be paid by offenders against this Act for any damage caused by them. Recovery of expenses or compensation in case of disputes. 503. In cases falling under section 491, disputes to be determined by the Chief Judge of the Small Cause Court. 504. Amount of expenses or compensation to be determined in all cases of dispute by the Chief Judge of the Small Cause Court. 505. Expenses or compensation awarded by Chief Judge of the Small Cause Court to be recovered, if necessary, as if they were due under a decree of the Court. 506. Persons liable for expenses or compensation may be sued for recovery thereof. H 4094—5a  L 1 H 4094 (xxxvi) Mumbai Municipal Corporation Act [1888 : Bom. III SECTIONS Proceedings before the Chief Judge of the Small Cause Court. 507. Remedy of owner of building or land against occupier who prevents his complying with any provisions of this Act. 508. Power to summon witnesses and compel production of documents. 509. Fees in proceedings before the Chief Judge of the Small Cause Court. 510. Exemption of poor persons from fees. 511. Repayment of half fees on settlement before hearing. 512. Authority to the Chief Judge of the Small Cause Court to delegate certain powers and to make rules. Proceedings before Magistrates. 513. Cognizance of offences. 513A. Appointment of Presidency Magistrates. 514. Limitation of time within which complaints of offences punishable under this Act shall be entertained. 515. Complaint concerning nuisances. 515A. Bar of jurisdiciton. 515A. Special provision regarding fines and other punishments under this Act. Arrest of offenders. 516. Offenders against this Act may in certain cases be arrested by police officers. 516AAA. Offences under sections 313, 313A and 313B to be cognizable and bailable. 516AA. Offences under sections 394 and 394A to be cognizable and under clause (a) (i) of sub- section (1) of section 394 and section 394A to be non- bailable. 516A. Offence under section 403 (1) (b) or (c) to be cognizable. 516B. Offences under section 475A and 475B to be cognizable and bailable. Legal proceedings. 517. Provisions respecting institution, etc., of civil and criminal actions and obtaining legal advice. CHAPTER XX. CONTROL. 518. Power to State Government to provide for performance of duties in default of any municipal authority. 519. Power to the State Government to enforce repair, etc., of Vehar water-works. 520. Expenses of measures enforced under sections 518 and 519 how to be recovered. Emergency Provisions for Water. 520A. Power of State Government to issue directions to Corporation in emergency arising out of scarcity of water. 520B. Power of State Government to suspend or rescind any resolution or order, etc., of Corporation or other authority in certain cases. 520C. Power of State Government to issue instructions or directions. CHAPTER XXI. SUPPLEMENTAL PROVISIONS. 521. Councillors, etc., to be deemed to be public servants. 521A. Power of State Government to accord previous sanction. 522. Co-operation of Police. 522A. Assistance for the recovery of rent on land in the suburbs or extended suburbs.  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act (xxxvii) SECTIONS 523. Computation of time. 524. Measurement of distances. 525. Informalities and errors in assessments, etc., not to be deemed to invalidate such assessment, etc. 526. Power to State Government to call for extracts from proceedings, etc. 527. Protection of person acting under this Act against suits. 527A. Savings in respect of certain provisions of Bombay Land Revenue Code, 1879. 528. [Deleted.] SCHEDULE A.— ENACTMENTS REPEALED. SCHEDULE B.— [Deleted.] SCHEDULE C.— FORM OF DEBENTURE. SCHEDULE D.— [Deleted.] SCHEDULE E.— FORM OF NOTICE OF TRANSFERS TO BE GIVEN WHEN THE TRANSFER HAS BEEN EFFECTED BY INSTRUMENT. SCHEDULE F.— FORM OF NOTICE OF TRANSFERS TO BE GIVEN WHEN THE TRANSFER HAS TAKEN PLACE OTHER THAN BY INSTRUMENT. SCHEDULE G.— [Deleted.] SCHEDULE G-1— THEATRE TAX SCHEDULE H.— ARTICLES LIABLE TO PAYMENT OF OCTROI. SCHEDULE H-l.—ARTICLES FREE FROM PAYMENT OF OCTROI. SCHEDULE I.— [Deleted.] SCHEDULE J.— FORM OF WARRANT OF DISTRESS OR ATTACHMENT. SCHEDULE K.— FORM OF INVENTORY AND NOTICE. SCHEDULE L.— [Deleted.] SCHEDULE M.— ARTICLES WHICH SHALL NOT BE KEPT WITHOUT A LICENCE IN OR UPON ANY PREMISES. SCHEDULE N.— PARTICULARS TO BE SPECIFIED IN THE REGISTER OF BIRTHS. SCHEDULE O.— PARTICULARS TO BE SPECIFIED IN THE REGISTER OF DEATHS. SCHEDULE P.— MEDICAL CERTIFICATE OF CAUSE OF DEATH. SCHEDULE Q.— FORM CERTIFYING NAME GIVEN IN BAPTISM. SCHEDULE R.— [Deleted.] SCHEDULE S.— DRAINAGE COMPLETION CERTIFICATE. SCHEDULE T.— BUILDING COMPLETION CERTIFICATE. SCHEDULE U.— MEDICAL INSTITUTIONS IN BOMBAY.  L 1 H 4094 (xxxviii) Mumbai Municipal Corporation Act [1888 : Bom. III SCHEDULE V.— LANDS AND BUILDINGS IN THE USE AND OCCUPATION OF THE BOMBAY CITY POLICE. SCHEDULE W.— SCHEDULE X.— DESCRIPTION OF THE PROPERTY HELD BY THE IMPROVEMENT SCHEDULE Y.— TRUST AND TRANSFERRED TO THE CORPORATION. SCHEDULE Z.— SCHEDULE ZZ.— SCHEDULE AA.— FORM OF DEBENTURE. SCHEDULE BB.— RULES REGULATING THE FORM OF ACCOUNTS RELATING TO IMPROVEMENT SCHEMES, ETC., AND THE MANNER IN WHICH THEY SHALL BE KEPT. SCHEDULE BBA.— ACCOUNTS TO BE MAINTAINED UNDER SECTION 123C. SCHEDULE CC.— PORTIONS OF THE LAND ACQUISITION ACT, 1894, REGULATING THE ACQUISITION OF LAND UNDER CHAPTER XII-A. SCHEDULE DD.— SCALE OF ADDITIONAL COMPENSATION FOR COMPULSORY ACQUISITION FOR IMPROVEMENT PURPOSES. SCHEDULE EE.— DUTIES AND POWERS OF THE MUNICIPAL CHIEF AUDITOR. SCHEDULE FF.— SPECIAL AND TRANSITORY PROVISIONS. SCHEDULE FFA.— SPECIAL AND TRANSITORY PROVISIONS IN RELATION TO AREAS IN THE EXTENDED SUBURBS. SCHEDULE GG.— VALIDITY AND DATE OF OPERATION OF CERTAIN ORDERS. SCHEDULE HH.— COMPULSORY ACQUISITION ORDERS. SCHEDULE II.— CONSTITUTION AND POWERS OF COMPENSATION TRIBUNAL. SCHEDULE JJ.— (SEE SECTIONS 398, 406 AND 461).  L 1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 1 1 BOMBAY ACT No. III OF 1888 [THE MUMBAI MUNICIPAL CORPORATION ACT.] [14th September 1888] Repealedin part by Act 2 of 1901 ; ” ” ” by Bom.1 of 1897 ; ” ” ” ” 5 of 1925 ; ” ” ” ” 8 of 1928 ; ” ” ” ” 15 of 1932 ; Repealedin Part and amended— by Act 16 of 1895 ; by Bom. 4 of 1888 ; ” ” 5 of 1905 ; ” ” 3 of 1907 ; ” ” 2 of 1911 ; ” ” 6 of 1922 ; Amended by Bom. 1 of 1894 ; ” ” ” ” 2 of 1899 ; ” ” ” ” 2 of 1900 ; ” ” ” ” 2 of 1901 ; ” ” ” ” 5 of 1903 ; ” ” ” ” 1 of 1910 ; ” ” ” ” 6 of 1913 ; ” ” ” ” 1 of 1916 ; ” ” ” ” 6 of 1916 ; ” ” ” ” 6 of 1918 ; ” ” ” ” 8 of 1918 ; ” ” ” ” 5 of 1920 ; ” ” ” ” 15 of 1920 ; ” ” ” ” 19 of 1920 ; ” ” ” ” 20 of 1920 ; ” ” ” ” 4 of 1921 ; ” ” ” ” 7 of 1921 ; ” ” ” ” 1 of 1925 ; ” ” ” ” 12 of 1925 ; ” ” ” ” 9 of 1928 ; ” ” ” ” 10 of 1928 ; 1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1887, Pt. V., p. 188, for Report of the Select Committee, see, ibid., 1888., p. l, and for Proceedings in Council, see, ibid., 1887, p. 222 and ibid., 1888, pp.177, 203, 228, 259, 286, 311 and 321. Bom. 3 of 1888 has, so far as regards the jurisdiction, decisions, orders and other proceedings of Appellate Benches of Municipal Authorities, Presidency and other Magistrates, Courts of Small Causes and judges of such Courts, been declared to be as valid as if it had been passed by the Governor General of India in Council—see Act 12 of 1888, s. 1. The Bombay Municipal Servants Act is to be read with Bom. 3 of 1888— see Bom. 5 of 1890, s. 2 (2). The City of Bombay Police Charges Act, 1907 (Bom. 3 of 1907), is to be read with Bom. 3 of 1888. Only those amendments which it makes in the latter and which have been declared to come into force on 1st April 1907, have been here incorporated ; for the other amendments which have bee