GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

ACT No. LIX OF 1949.

THE MAHARASHTRA MUNICIPAL

CORPORATIONS ACT.

[As modified upto the 8th June 2018.]

PRINTED IN INDIA BY THE GOVERNMENT CENTRAL PRESS, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED BY THE DIRECTOR, GOVERNMENT
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2018

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1949 : LIX ] Maharashtra Municipal Corporations Act (i)

THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.

SECTIONS.
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
3. Specification of larger urban areas and constitution of Corporations.
3A. [Deleted].
CHAPTER II.
CONSTITUTION.
Municipal Authorities.
4. Municipal authorities charged with execution of the Act.
5. Constitution of Corporation.
5A. Reservation of seats.
5B. Person contesting election for reserved seat to submit caste certificate and validity
certificate.
6. Duration of Corporation.
6A. Term of office of Councillors.
6B. Election to constitute a Corporation.
7. Resignation of office by Councillor.
7-A1. [Deleted].
Municipal Election Roll.
7A. Preparation of municipal election roll.
7AA. [Deleted].
7AAA. [Deleted].
7B. Enrolment in municipal election roll.
Qualifications and disqualifications of voters and councillors.
8. Persons qualified to vote.
8A. Manner of voting.
9. Qualification for election as councillor.
10. Disqualification for being a councillor.
11. Disabilities from continuing as Councillor.
12. Questions as to disqualification to be determined by the Judge.
13. Liability of Councillor to removal from office.
Election of Councillors.
14. State Election Commission.
14A. Power of State Election Commissioner to issue directions to prevent impersonation.
15. Casual vacancies how to be filled.
16. Election petitions.
17. [Deleted].
18. Procedure if election fails or is set aside.

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 (ii) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
19. Mayor and Deputy Mayor.
19-IA. Leader of House.
19-IAA. Leader of Opposition.
Honoraria, fees and allowances.
19A. Honoraria, fees or allowances.
Standing Committee.
20. Constitution of Standing Committee.
21. Appointment of Chairman of Standing Committee.
22. Member of Standing Committee absenting himself from meetings to vacate seat.
23. Casual vacancies in Standing Committee how to be filled.
24. Standing Committee may delegate powers to Special Committee or Sub-Committee.
The Transport Committee.
25. Appointment of Transport Committee.
26. Disqualification of members of Transport Committee.
27. Chairman of Transport Committee.
28. Conveyance charges for attendance at meetings of Transport Committee.
29. Sub-committees of Transport Committee.
Wards Committees.
29A. Constitution of Wards Committees.
Special and Ad hoc Committees.
30. Special Committees of the Corporation.
31. Appointment of Ad hoc Committees.
31A. Appointment by nomination on Committees to be by proportional representation.
Joint Committees.
32. Joint transactions with other local authorities.
Provisions regarding validity of proceedings.
33. Vacancy in Corporation, etc., not to invalidate its proceedings.
34. Proceedings of Corporaiton, etc., not vitiated by disqualification, etc., of members thereof.
35. Proceedings of meetings to be good and valid until contrary is proved.
35A. Exercise of powers and discharge of duties of any Committee by Corporation.
35B. Removal of Chairman and Deputy Chairman of Committees.
The Municipal Commissioner.
36. Appointment of the Commissioner.
37. Salary of Commissioner.
38. Grant of leave of absence to Commissioner and leave allowance.
39. Appointment and remuneration of acting Commissioner.
39A. Appointment of Additional Municipal Commissioners.
Transport Manager.
40. Appointment of Transport Manager.
41. Leave of Transport Manager.
1949 : LIX ] Maharashtra Municipal Corporations Act (iii)

SECTIONS.
Disqualifications of the Commissioner.
42. Commissioner not to be interested in any contract with Corporation.

CHAPTER III.
PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE,
TRANSPORT COMMITTEE AND OTHER BODIES.
43. Proceedings of the Corporation, Standing Committee, etc.
44. Right to ask questions.
CHAPTER IV.
MUNICIPAL OFFICERS AND SERVANTS—THEIR APPOINTMENT
AND CONDITIONS OF SERVICE.

City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy
Municipal Commissioner and Assistant Municipal Commissioner.
45. Appointment of City Engineer, etc.
45A. Appointment of Municipal Chief Auditor.
45B. Power of State Government to notify post to be filled in by deputation.
46. Powers and duties of City Engineer and Medical Officer of Health.
47. Powers and duties of Municipal Chief Auditor.
48. Powers and duties of Municipal Secretary.
49. Powers and duties of Deputy or Assistant Municipal Commissioner.
50. Conditions of service of statutory officers of Corporation.
Other Officers and Servants.
51. Number, designations, grades, etc., of other municipal officers and servants.
52. Restriction on employment of permanent officers and servants.
53. Power of appointment in whom to vest.
54. Manner of making appointment.
55. Saving in respect of officers and servants appointed under Chapter XX.

Imposition of penalties.
56. Imposition of penalties on municipal officers and servants.
Leave of absence, acting appointments, etc.
57. Leave of absence.
58. Acting appointments.

Disqualification of municipal officers and servants.

59. Disqualification of municipal officers and servants.
59A. Sanction for prosecution of officers and servants of Corporation.
60. Occupation of and liability to vacate premises provided by Corporation for municipal
officers and servants.
CHAPTER IV-A.
DISCLOSURE OF SPECIFIED INFORMATION.
60A. Disclosure of specified information.
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 (iv) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
CHAPTER V.
ESSENTIAL SERVICES.
61. Members of essential services not to resign, etc., without permission.
62. Power of State Government to declare emergency.

CHAPTER VI.
DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES AND OFFICERS.
Obligatory and Discretionary Duties of the Corporation.
63. Matters to be provided for by the Corporation.
64. Corporation to provide for anti-rabic treatment.
65. Corporation to provide for maintenance of lunatics and lepers.
66. Matters which may be provided for by Corporation and its discretion.
66A. Performance of functions by agencies.

Respective functions of the several Municipal Authorities.

67. Functions of the several municipal authorities.
67A. Environment Status Report.
68. Commissioner to exercise powers and perform duties of Corporation under other laws.
69. Municipal officers may be empowered to exercise certain powers, etc., of the Commissioner
or the Transport Manager.
70. Corporation may call for extracts from proceedings, etc., from the Standing Committee,
etc.
71. Corporation may require Commissioner to produce documents and furnish returns,
reports, etc.
72. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure.

Prevention of delay in discharge of official duties.

72A. Citizens’ Charter.
72B. Delegation of powers.
72C. Disciplinary action.
72D. Non-application of provisions of 72C in certain circumstances.

CHAPTER VII.
CONTRACTS.
73. Power to Commissioner to execute contracts on behalf of Corporation.
74. Mode of executing contracts.
75. Contracts relating to Transport Undertaking.

CHAPTER VIII.
MUNICIPAL PROPERTY.
Acquisition of Property.
76. Power of Corporation as to acquisition of property.
77. Acquisition of immovable property.
78. Procedure when immovable property cannot be acquired by agreement.
1949 : LIX ] Maharashtra Municipal Corporations Act (v)

SECTIONS.
Disposal of Property.
79. Provisions governing the disposal of municipal property.
80. Decision of claims to property by or against the Corporation.
81. Power of Corporation to enforce covenants against owner for the time being of land.

CHAPTER VIII-A.
POWER TO EVICT PERSONS FROM CORPORATION PREMISES.
81A. Definitions.
81B. Power to evict persons from Corporation premises.
81C. Power to recover rent or damages as arrears of property tax.
81D. Rent to be recovered by deduction from salary or wages in case of Corporation employees.
81E. Commissioner to have powers of Civil Court.
81F. Appeals.
81G. Finality of orders.
81H. Bar of jurisdiction.
81I. Power to make regulations.
81J. Penalty for obstructing lawful exercise of power under this Chapter.

CHAPTER IX.
THE MUNICIPAL FUND AND OTHER FUNDS.
The Municipal Fund.
82. Constitution of Municipal Fund.
82A. Annual grant by State Government from proceeds of land revenue, non-agricultural
assessment and entertainments duty.
83. Commissioner to receive payments on account of Municipal Fund and to lodge them in a
bank.
84. How the Fund shall be drawn against.
85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when
convenient.
86. Restrictions on expenditure from Municipal Fund.
87. Procedure when money not covered by budget-grant is expended under clause (e), (f), (g)
or (h) of sub-section (2) of section 86.
88. Purpose for which Municipal Fund is to be applied.
89. Municipal Fund where to be expended.
90. Temporary payments from Municipal Fund for works urgently required for public services.
Special Funds.
91. Constitution of Special Funds.
91A. Establishment of Consolidated Water Supply and Sewerage Disposal Loan Fund.
91B. Establishment of Water and Sewage Fund.
Disposal of Balances.
92. Investment of surplus moneys.
Accounts.
93. Accounts to be kept in forms prescribed by Standing Committee.
94. Preparation of annual administration report and statement of accounts.
 (vi) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
Annual Budget Estimates.
95. Estimates of income and expenditure to be prepared anually by Commissioner.
95A. Report on services provided in a subsidised manner.
96. Budget estimates to be prepared by Standing Committee.
97. Estimates of expenditure and income of the Transport Undertaking to be prepared
annually by Transport Manager.
98. Budget Estimate “B” to be prepared by Transport Committee.
99. Fixing of rates of taxes.
99A. [Deleted].
99B. [Deleted].
99C. [Deleted].
99D. [Deleted].
100. Final adoption of budget estimates.
100A. Estimates of income and expenditure deemed to be budget estimates.
101. Corporation may increase amount of budget grants and make additional grants.
102. Provisions as to unexpended budget grants.
103. Reductions or transfers.
104. Readjustment of income and expenditure to be made by the Corporation during course of
official year whenever necessary.
Scrutiny and Audit of Accounts.
105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the
Standing Committee.
106. Report by the Chief Auditor.
107. Application of sections 105 and 106 to accounts of Transport Fund.
107A. Power of State Government to require audit by Director, Local Fund Accounts Audit.
108. A special audit may be directed by State Government.

CHAPTER X.
BORROWING POWERS.
109. Powers of Corporation to borrow money.
109A. Restrictions on utilisation of Funds created by Corporation.
110. Power of Corporation to borrow from banks against public securities.
111. When and how loan shall be repaid.
112. Maintenance and application of sinking fund.
113. Investment of sinking fund.
114. Investment of sinking fund and surplus moneys in debentures issued by Corporation.
115. Annual examination of sinking funds.
116. Provisions for loans raised before the appointed day.
117. Attachment of Municipal Fund or Transport Fund in default of repayment of loan.
118. Form of debentures.
119. Coupons attached to debentures to bear signature of Chairman of Standing Committee
and Commissioner.
120. Debentures issued to two or more persons jointly.
121. Issue of duplicate securities.
1949 : LIX ] Maharashtra Municipal Corporations Act (vii)

SECTIONS.
122. Renewal of debentures.
123. Liability in respect of debenture renewed.
124. Discharge in certain cases.
125. Indemnity.
126. Annual statement to be prepared by Commissioner.

CHAPTER XI.
MUNICIPAL TAXATION.
127. Taxes to be imposed under this Act.
128. Manner of recovering municipal taxes.

PROPERTY TAXES.
Property taxes leviable on rateable or capital value.
128A. Property taxes what to consist.
129. Property taxes leviable on rateable value, or on capital value, as the case may be, and at
what rate.
129-lA. Levy of property tax at reduced rates in respect of buildings and lands of Special
Development Projects.
129-2A. Transitory provisions in respect of property taxes on capital value.
129A. Temporary provision for levying general tax at reduced rate in area of
Zilla Parishad included in a larger urban area.
130. Water tax on what premises levied.
131. Conservancy tax or sewerage tax on what premises to be levied.
132. General tax on what premises to be levied.
133. Payments to be made to Corporation in lieu of general tax by State Government.
133A. Power to remit property taxes in case of buildings occupied by persons affected by natural
calamities, etc.

Special provisions relating to water and conservancy taxes.

134. Fixed charges and agreements for payments in lieu of taxes for water supplied.
135. Government to be charged for water by measurement.
136. Supply of water at public drinking fountains, etc., not to be taxed.
137. Conservancy tax or sewerage tax and sewerage benefit tax may be fixed at special
rates in certain cases.
138. Water tax, water benefit tax, conservancy tax, or sewerage tax, or sewerage benefit tax
paid by any person may be recovered by him from the occupier of the premises for
which it is paid.
Liability for Property Taxes.
139. Primary responsibility for property taxes on whom to rest.
140. When occupiers may be held liable for payment of property taxes.
140A. Rebate in property tax for advance payment.
140B. Rebate or remission in property tax for implementing ecologically beneficial scheme.
141. Property taxes to be a first charge on premises on which they are assessed.
(viii) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
Tax on Vehicles, Boats and Animals.
142. Tax on vehicles, boats and animals.
143. Exemptions from the tax.
144. Livery-stable keepers and others may be compounded with.
145. Power to inspect stables and summon persons liable to the tax.
146. [Deleted].
147. Articles imported for immediate exportation.

Exemptions from Theatre Tax.

148. Exemptions from theatre tax.

Education Cess.
148A. Levy of education cess.
148B. Payment to be made to Corporation in lieu of education cess by State Government.

Street Tax.
148C. Levy of street tax.
Other taxes.
149. Procedure to be followed in levying other taxes.
149A. Additional Stamp duty on certain transfers of immovable properties in municipal areas.
149B. Additional Stamp duty on certain transfers of immovable properties in City having notified
projects.
Supplementary Taxation.
150. Any tax imposable under this Act may be increased or newly imposed by way of imposing
supplementary taxation.
150A. Power to assess in case of escape from assessment.

Refunds.
151. Refunds of taxes how obtainable.

Writing off of taxes.

152. Writing off of irrecoverable taxes.
152-1A Power of Corporation to grant rebate for payment of arrears of tax.

CHAPTER XIA.
PROVISIONS RELATING TO LEVY, COLLECTION AND RECOVERY OF CESS IN LIEU OF OCTROI.
152A. [Deleted].
152B. [Deleted].
152C. [Deleted].
152D. [Deleted].
152E. [Deleted].
152F. [Deleted].
152G. [Deleted].
152I. [Deleted].
1949 : LIX ] Maharashtra Municipal Corporations Act (ix)

SECTIONS.
152J. [Deleted].
152K. [Deleted].
152M. [Deleted].
152N. [Deleted].
152O. [Deleted].

CHAPTER XIB.
PROVISIONS RELATING TO LOCAL BODY TAX.
152P. [Deleted].
152Q. [Deleted].
152R. [Deleted].
152S. [Deleted].
152T. [Deleted].

CHAPTER XII.
DRAINS AND DRAINAGE.
Municipal Drains.
153. Drains to be constructed and kept in repair by the Commissioner.
154. Adoption by Corporation of drains and drainage or sewage disposal works.
155. Powers for making drains.
156. Alteration and discontinuance of drains.
157. Cleansing drains.
Drains of Private Streets and Drainage of Premises.
158. Power to connect drains of private street with municipal drain.
159. Right of owners and occupiers of buildings and lands to drain into municipal drain.
160. Powers of Commissioner to require drain or proposed drain to be so constructed as to
form part of general system.
161. Connections with municipal drains not to be made except in conformity with section 158
or 159.
162. Right of owners and occupiers of premises to carry drain through land belonging to other
persons.
163. Owner of land to allow others to carry drains through the land.
164. Commissioner may enforce drainage of undrained premises situate within hundred feet
of municipal drain.
165. Commissioner may enforce drainage of undrained premises not situate within hundred
feet of municipal drain.
166. Special provisions relating to trade effluent.
167. Power of Commissioner to drain premises in combination.
168. Commissioner may close or limit the use of existing private drains.
169. Vesting and maintenance of drains for sole use of properties.
170. Right of Corporation to drains, etc., constructed, etc., at charge of Municipal Fund on
premises not belonging to Corporation.
171. New building not to be erected without drains.
172. Obligation of owners of drains to allow use or joint ownership to others.
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 (x) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
173. How right of use or joint ownership of a drain may be obtained by a person other than the
owner.
174. Sewage and rain water drains to be distinct.
175. Affixing of pipes for ventilation of drains, etc.

Disposal of Sewage.
176. Appointment of places for emptying of drains and disposal of sewage.
177. Provision of means for disposal of sewage.

Water-closets, Privies, Urinals, etc.

178. Construction of water-closets and privies.
179. Water-closets and other accommodation in buildings newly erected or re-erected.
180. Public necessaries.
Inspection.
181. Drains, etc., not belonging to Corporation to be subject to inspection and examination.
182. Power to open ground, etc., for purposes of inspection and examination.
183. Expenses of inspection and examination.
184. Commissioner may require repairs, etc., to be made.
185. Cost of inspection and execution of works in certain cases.
185A. Responsibility of owner or occupier to keep and maintain exterior of building in good
condition.
185B. Power of Commissioner to make declaration of aesthetic harmony.

General Provisions.
186. Prohibition of acts contravening the provisions of the Act, rules or by-laws or done without
sanction.
187. Water closets etc., not to be injured or improperly fouled.
188. Commissioner may execute certain works under this Act without allowing option
to persons concerned of executing the same.

CHAPTER XIII.
WATER SUPPLY.
Construction and maintenance of municipal water works.
189. Water supply.
190. Inspection of municipal waterworks by persons appointed by State Governement.
191. Power of access to municipal water works.
192. Power of carrying water-mains, etc.
193. Fire-hydrants to be provided.
194. Prohibition of certain acts affecting the municipal water works.
194A. Obligation of Corporation to partake common facility.
195. Buildings, etc., not to be erected over municipal water-main without permission.

Public Gratuitous Water-Supply.

196. Vesting of public drinking fountains, etc., in the Corporation.
197. Public drinking fountains, etc., may be set apart for particular purposes.
1949 : LIX ] Maharashtra Municipal Corporations Act (xi)

SECTIONS.
Private Water Supply.
198. Conditions as to use of water not to be contravened.
199. Water pipes, etc., not to be placed where water will be polluted.
200. Prohibition of fraudulent and unauthorised use of water.
General.
201. Power to supply water without the City.

CHAPTER XIV.
STREETS.
Construction, Maintenance and Improvement of Streets.
202. Vesting of public streets in Corporation.
203. Power of Commissioner in respect of public streets.
204. Disposal of land forming site of closed streets.
205. Power to make new public streets.
206. Minimum width of new public streets.
207. Power to adopt, construct or alter any sub-way, bridge, etc.
208. Power to prohibit use of public streets for certain kinds of traffic.
209. Power to acquire premises for improvement of public streets.
210. Power to prescribe street lines.
211. Setting back buildings to the regular line of the street.
212. Additional power of Commissioner to order setting back of buildings to regular line
of street.
213. Acquisition of open land or of land occupied by platforms, etc., within regular line
of street.
214. Acquisition of the remaining part of building and land after their portions within
a regular line of the street are acquired.
215. Setting forward of buildings to the line of the street.
216. Compensation to be paid and betterment charges to be levied.

Provisions regarding Private Streets.

217. Notice to be given to Commissioner of intention to lay out lands for building and for
private streets.
218. Commissioner may call for further particulars.
219. Commissioner may require plans to be prepared by licensed surveyor.
220. Laying out of land, dimensions and areas of each building plot laying out of
private streets and buildings and heights of buildings to be determined by Commissioner.
221. Land not to be appropriated for building and private street not to be laid out until
expiration of notice nor otherwise than in accordance with Commissioner’s directions.
222. Renewal of notice of intention to carry out works not executed in pursurance of approval
given under section 220.
223. Levelling and draining of private streets and means of access.
224. Power to declare private streets when sewered, etc., public streets.
225. Applicability of sections 223 and 224 when a street is in part public and in part private.
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(xii) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
Projections and Obstructions.
226. Prohibition of projections upon streets, etc.
227. Projections over streets may be permitted in certain cases.
228. Ground floor doors, etc., not to open outwards on streets.
229. Prohibition of structures or fixtures which cause obstruction in streets.
230. Prohibition of deposit, etc., of things in streets.
231. Commissioner may, without notice remove anything erected, deposited or hawked
or exposed for sale in contravention of Act.
232. Power to require removal of any structure or fixture erected or set-up before the
appointed day.
233. Prohibition of tethering of animals in public streets.
Temporary Erections on Streets during Festivals.
234. Commissioner may permit booths, etc., to be erected on streets on festivals.
Provisions concerning Execution of Works in or near to Streets.
235. Street when broken up for any municipal purposes to be restored without delay.
236. Commissioner may close street in which work is in progress.
237. Commissioner to provide for traffic, etc., pending execution of municipal work in
any street.
238. Precautions to be taken for public safety whilst municipal works are in progress in any
street.
239. Streets not to be opened or broken up and building materials not to be deposited
thereon without permission.
240. Precautions for public safety to be taken by persons to whom permission is granted under
section 239.
241. Persons to whom permission is granted under section 239 must reinstate streets, etc.
242. Provisions to be made by persons granted permission under section 239 for traffic, etc.
243. Buildings at corners of streets.
Provision for parking or halting places or lots.
243A Provision for parking or halting places or lots and fees or charges therefor.
Sky-signs and Advertisements.
244. Regulations as to sky-signs.
245. Regulation and control of advertisements.
Dangerous places and places where some work affecting
human safety or convenience is carried on.
246. Hoards to be set-up during work on any building adjacent to street.
247. Commissioner to take proceedings for repairing or enclosing dangerous places or
places where some work affecting safety or convenience is carried on.
248. Protective measures during demolition work.
Lighting of Streets.
249. Public streets to be lighted.
1949 : LIX ] Maharashtra Municipal Corporations Act (xiii)

SECTIONS.
Watering of Streets.
250. Measures for watering streets.
Miscellaneous.
251. Prohibition of removal, etc., of lamps or any other municipal property on streets.
252. Persons accidentally breaking lamps, etc., to repair the damage.

CHAPTER XV.
BUILDING REGULATIONS.
Notice regarding Erection, etc., of Buildings.
253. Notice to be given to Commissioner of intention to erect building.
254. Notice to be given to Commissioner of intention to make additions, etc., to building.
255. Plans, etc., submitted to be rejected if not drawn etc., in prescribed manner.
256. Effect of non-compliance with requisition made by Commissioner.
Commencement of work.
257. Supervision of buildings and works.
258. Power to Commissioner to cancel permission on the ground of material misrepresentation
by applicant.
259. Inspection of buildings in course of erection, alteration, etc.
260. Proceedings to be taken in respect of building or work commenced contrary to rules or
by-laws.
261. Buildings or works commenced contrary to Act may be cut into and laid open for purpose
of inspection.
262. Enforcement of provisions concerning buildings and works.
263. Completion certificates, permission to occupy or use.
Lawfully erected structures infringing rules or by-laws.
263A Power to require demolition or alteration of lawfully constructed huts or sheds infringing
rules or by-laws.
Dangerous Structures.
264. Removal of structures, etc., which are in ruins or likely to fall.
265. Periodic inspection of buildings.
265A. Structural stability certificate.
266. Dangerous openings in buildings.
Works unlawfully carried on.
267. Powers of Designated Officer to direct removal of person directing unlawful work.
267A. Levy of penalty on unlawful building.
Power to vacate premises.
268. Power of Commissioner to vacate any building in certain circumstances.
Regulation of certain classes of buildings in particular localities.
269. Power to regulate future construction of certain classes of buildings in particular streets
or localities.

CHAPTER XVI.
IMPROVEMENT SCHEMES.
270. Commissioner to make draft improvement scheme.
271. Particulars to be provided for in an improvement scheme.
(xiv) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
272. Procedure on completion of scheme.
273. Right of owner to demand acquisition on issue of notification when building operations
are in progress.
274. Right of owner to demand acquisition or withdrawal by Corporation after lapse of two
years from date of notification.
275. Standing Committee after publication and service of notices to forward scheme to
Corporation for approval.
276. Corporation to consider improvement scheme and to approve or disapprove.
277. Commissioner to apply to State Government for sanction to the scheme.
278. On receipt of sanction declaration to be published giving particulars of land to be acquired
and on publication of such declaration Commisiner to be authorised to execute scheme.
279. If Corporation fail to acquire the land, owner may call upon Corporation to acquire it or
to withdraw from proposal.
280. Method of calculation of betterment charge.
281. Procedure for determining charge.
282. Extent to which Land Acquisition act shall apply to acquisition of land otherwise than by
agreement.
283. Special provisions as to compensation.
284. Collector to take possession after making an award and transfer land to Corporation.

CHAPTER XVII.
MUNICIPAL FIRE-BRIGADE.
285. Maintenance of firemen and of necessary fire engines, etc.
286. Powers of Chief Officer of Fire-Brigade at a fire.
287. Police and municipal officers and servants to aid the fire-brigade.
288. Damage done by fire-brigade to be deemed damage by fire.
289. Report of fire to be submitted.

CHAPTER XVIII.
SANITARY PROVISIONS.
Scavenging and Cleansing.
290. Commissioner to provide for cleansing of streets and removal of refuse.
291. Refuse, etc., to be the property of the Corporation.
292. Provision and appointment of receptacles, depots and places for refuse, etc.
293. Provision may be made by Commissioner for collection etc., of excrementitious and polluted
matter.
294. Special sanitary arrangements at certain places.
295. Savengers’ duties in certain cases may not be discharged by private individuals without
Commissioner’s permission.
Inspection and Sanitary Regulation of Premises.
296. Power to inspect premises for sanitary purposes.
297. Cleansing and lime-washing of any building may be required.
298. Buildings or rooms in buildings unfit for human habitation.
299. Power to require repair of insanitary buildings.
300. Power to order demolition of insanitary buildings.
1949 : LIX ] Maharashtra Municipal Corporations Act (xv)

SECTIONS.
301. Procedure where demolition order made.
302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations
made subsequently.
303. Power to order demolition of obstructive buildings.
304. Effect of order for demolition of obstructive building.
305. Compensation for acquiring obstructive building recoverable in certain cases as
improvement expenses.
306. Appeal against domolition orders.
307. Overcrowded dwellings.
308. Insanitary huts and sheds.
Disposal of carcasses of animals.
309. Removal of carcasses of dead animals.
Regulation of Public Bathing, Washing, etc.
310. Places for public bathing, etc., to be fixed by Commissioner, and regulation of use of such
places.
311. Prohibition of bathing, etc., contrary to order.
312. Prohibition of corruption of water by steeping therein animal or other matter, etc.
Regulations of Factories, Trades, etc.
313. Factory, etc., not to be newly established without permission of Commissioner.
314. Prohibition of corruption of water by chemicals, etc.
Prevention and checking spread of dangerous diseases.
315. Power of Commissinoer, Medical Officer of Health, etc., in case of dangerous diseases.
316. Any place may at any time be inspected for purpose of preventing spread of dangerous
disease.
317. Destruction of huts and sheds when necessary.
318. Closure of lodging and eating houses.
Special Sanitary Measures.
319. Commissioner may take special measures on outbreak of any dangerous disease.
Disposal of the Dead.
320. Places for disposal of the dead to be registered.
321. Provision of new places for disposal of the dead.
322. New places for disposal of the dead not to be opened without permission of Commissioner.
323. State Government may direct closing of any place for disposal of dead.
324. State Government may sanction re-opening of places which have been closed for disposal
of dead.
325. Burials within places of worship and exhumations not to be made without permission of
Commissioner.
326. Acts prohibited in connection with disposal of dead.

CHAPTER XIX.
MARKETS AND SLAUGHTER HOUSES.
Maintenance and Regulation of Markets and Slaughter-houses.
327. What to be deemed municipal markets and slaughter-houses.
328. Provisions of new municipal markets and slaughter-houses.
(xvi) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
329. Municipal markets, slaughter-houses and stock-yards may be closed.
330. Prohibition of sale of commodities sold in municipal markets.
331. Opening of private markets and of private slaughter-houses.
332. Levy of stallages, rents and fees in municipal markets, slaughter-houses and stock-yards.
333. Removal of live cattle, sheep, goats or swine from any municipal slaghter-house, stock-
yard, market or premises.
334. Power to expel persons contravening rules, by-laws or standing orders.
335. Prohibition of import of cattle, etc., into City without permission.
Inspection of Places of Sales, etc.
336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to
the provisions of this Act is suspected.
337. Commissioner to provide for inspection of articles exposed for sale for human food.
338. Unwholesome articles, etc., to be seized.
339. Disposal of perishable articles seized under section 338.
340. Saving of Bombay Animal Preservation Act, 1948.

CHAPTER XX.
THE TRANSPORT UNDERTAKING.
The Operation of the Undertaking and the Construction and Maintenance of Works.
341. Provisions of this Chapter when applicable.
342. Management of Undertaking by Transport Manager.
Fares and Charges.
343. Levy of fares and charges for transport services.
Acquisition and Disposal of Property.
344. Acquisition of immovable property.
345. Provisions governing disposal of municipal property.
Officers and Servants.
346. Statement of permanent officers and servants to be prepared by Transport Manager and
sanctioned by Transport Committee.
347. Restriction on appointment of permanent officers and servants.
348. Creation of temporary posts.
349. Power of appointment in whom to vest.
350. Leave of absence.
REVENUE AND EXPENDITURE.
The Transport Fund.
351. Constitution of Transport Fund.
352. Transport Manager to receive payments on account of Transport Fund and to lodge them
in bank.
353. How Transport Fund shall be drawn against.
354. Deposit of portion of Transport Fund may be made with bank or agency out of City when
convenient.
355. Only sums covered by budget grant to be expended from Transport Fund.
1949 : LIX ] Maharashtra Municipal Corporations Act (xvii)

SECTIONS.
356. Procedure when money not covered by budget grant is expended under clause (c), (d) or
(e) of sub-section (2) of section 355.
357. Purposes for which Transport Fund is to be applied.
358. Investment of surplus moneys.
Payments out of Surplus Balance.
359. Fixed annual payment to Municipal Fund.
360. Disposal of surplus balance of revenue.
Accounts.
361. Accounts of the Transport Undertaking.
362. Preparation of annual administration report and statement of accounts.

CHAPTER XXI.
VITAL STATISTICS.
Registration of Births and Deaths.
363. Appointment of Registrars.
364. Register books to be maintained.
365. Registrars to inform themselves of all births and deaths.
366. Information of births to be given within seven days.
367. Information respecting finding of new-born child to be given.
368. Information of death to be given.
369. Medical practitioner who attended a deceased person to certify cause of his death.
370. Correction of errors in registers of births or deaths.
371. Registration of name of child or of alteration of name.

CHAPTER XXII.
LICENCES AND PERMITS.
I. Licensing of Surveyors, Architects or Engineers, Structural Designers,
Clerks of Works and Plumbers.
372. Grant of licences to Architects or Engineers, Structural Designers, Plumbers and
Clerks of Works.
373. Orders may be prescribed for guidance of Surveyors, etc.
374. Fees and charges of licensed plumbers to be prescribed by Standing Committee.
375. Licensed plumber to be bound to execute work properly.
II. Trade licences and other licences for keeping animals and certain articles.
376. Certain things not to be kept, and certain trades and operations not to be carried on,
without licence.
376A. Power to stop use of premises where such use is dangerous or causes nuisance.
III. Licences for sale in Municipal Markets.
377. Prohibition of sale in Municipal markets without licence of Commissioner.
IV. Licences for Private Markets.
378. Private Markets not to be kept open without licence.
379. Prohibition of sale in unauthorised private markets.
380. Slaughter of animals for skins.

H 610—3
(xviii) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
V. Licences for sale of Articles of Food outside of Markets.
381. Prohibition of sale of animals, etc., except in market.
VI. Licensing of Butchers, etc.
382. Butchers and persons who sell flesh of animals to be licensed.
VII. Licences for Dairy Products.
383. Licence required for dealing in dairy produce.
VIII. Licences for Hawking, etc.
384. Licences for sale in public places.
385. Licences for use of skill in handicraft or rendering services for purposes of gain in
public place or street.
IX. General provisions regarding Licences and Permits.
386. General provisions regarding grant, suspension or revocation of licences and written
permissions and levy of fees, etc.

CHAPTER XXIII.
POWER OF ENTRY AND INSPECTION.
387. Power of entry and inspection.
388. Time of making entry.

CHAPTER XXIV.
COMPENSATION.
389. Doing minimum damage in certain cases.
390. Commissioner to determine compensation.
391. Appeal.

CHAPTER XXV.
PENALTIES.
392. Certain offences punishable with fine.
393. Offences punishable under the Penal Code.
394. Punishment for offences of preparing false election rolls.
395. Punishment for acquiring share or interest in contract, etc., with Corporation.
396. Punishment for breach of section 61 or 62.
397. Punishment for offences against section 194.
397A. Penalty for failure to comply with notice under section 260, 261, 264, 267 or 478.
397B. Compounding of certain offences.
398. [Deleted].
398-1A. [Deleted].
398A. Penalty for contravention of section 265A.
399. General penalty.
400. Extent of penal responsibility of agents and trustees of owners.
401. Offence by companies, etc.
402. Compensation payable by offenders against this Act for damage caused by them.
1949 : LIX ] Maharashtra Municipal Corporations Act (xix)

SECTIONS.
CHAPTER XXVI.
PROCEEDINGS BEFORE JUDGE, DISTRICT JUDGE AND MAGISTRATES.
I. Election Inquiries.
403. Procedure in election inquiries.
404. Disqualification for election as councillor for certain election offences.
II. References to the Judge.
405. References to the Judge.
III. Appeals against Valuations and Taxes.
406. Appeals when and to whom to lie.
407. Cause of complaint when to be deemed to have accrued.
408. Arbitration.
409. [Deleted]
410. Reference to District Court.
411. Appeals to the District Court.
412. Costs of proceedings in appeal.
413. Unappealed values and taxes and decisions on appeal to be final.
413A. Assessment subject to valuation or revision by Municipal Property Tax Board.
IV. Appeals to the Judge and the District Court.
414. Appeals to the Judge.
415. Appeals against demolition orders.
416. Appeals against decision of the Judge regarding payment of expenses for works executed.
416A. Fees in appeals before District Court.
V. Proceedings before Judge.
417. Remedy of owner of building or land against occupier who prevents his complying with
any provisions of this Act.
418. Power to summon witnesses and compel production of documents.
419. Fees in proceeding before the Judge.
420. Exemption of poor persons from fees.
421. Repayment of half fees on settlement before hearing.
VI. Appointment of Magistrates.
422. Appointment of Magistrate of the First Class.
VII. References to Magistrates.
423. References to Magistrates.
424. Disposal of animals and articles of non-perishable nature seized under section 338.
425. Penalty for possessing food which appears to be diseased, unsound or unwholesome
or unfit for human food.
426. Application for summons to be refused if not applied for within a reasonable time.
VIII. Proceedings before Magistrates and the Sessions Court
427. Cognizance of offences.
428. Limitation of time within which complaints of offences punishable under this Act
shall be entertained.
429. Power of Magistrate to hear cases in absence of accused.
430. Report of Chemical Analyser to Government.
H 610—3a
(xx) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
431. Complaint concerning nuisances.
432. Appeal to the Sessions Court from order passed under section 431.
IX. Arrest of offenders.
433. Offenders against this Act may in certain cases be arrested by police officers.
X. Miscellaneous.
433A. Bar of jurisdistion.
434. Code of Civil Procedure to apply.
435. Limitation.
436. Execution of orders of the Judge and District Judge.
437. Criminal Procedure Code to apply to all inquiries and proceedings before Magistrates.

CHAPTER XXVII.
RECOVERY OF MUNICIPAL DUES OTHER THAN TAXES.
438. Recovery of expenses of removals by Commissioner under certain sections.
439. Expenses recoverable under the Act to be payable on demand, and if not paid on
demand may be recovered as arrear of property tax.
440. If defaulter is owner of premises in respect of which expenses are payable, occupier
to be also liable for payment thereof.
441. Commissioner may agree to receive payment of expenses in instalments.
442. Certain expenses may be declared to be improvement expenses.
443. Proportion of improvement expenses may be deducted from rent.
444. Redemption of charge for improvement expenses.
445. Recovery of instalments due under sections 441 and 442.
446. In default of owner the occupier of any premises may execute required work and recover
expenses from the owner.
447. Persons liable for expenses or compensation may be sued for recovery thereof.

CHAPTER XXVIII.
CONTROL.
448. Power of State Government to require performance of duties in default of any municipal
authority.
449. Expenses of measures enforced under section 448 how to be recovered.
450. Power to State Government to call for extracts from proceedings, etc.
450A. Power of State Government to issue instructions or directions.
451. Power of State Government to suspend or rescind any resolution or order, etc., of
Corporation or other authority in certain cases.
452. Power of State Government to dissolve Corporation.
452A. Power of State Government to appoint Government officer or officers to exercise powers
and perform functions and duties of Corporation.

CHAPTER XXIX.
RULES, BY-LAWS, REGULATIONS AND STANDING ORDERS.
453. Rules in Schedule to be part of the Act.
454. Alteration of and additions to Schedule.
455. Power to make rules subject to sanction of State Government.
1949 : LIX ] Maharashtra Municipal Corporations Act (xxi)

SECTIONS.
456. Power of State Government to make rules.
456A Special power of State Government to make rules.
457. Matters in respect of which rules may be made.
458. By-laws for what purpose to be made.
459. Commissioner to lay draft by-laws before the Corporation for its consideration.
460. Hearing by Corporation of objections to proposed by-laws.
461. By-laws to be confirmed by State Government.
462. By-laws confirmed by State Government to be published in the Official Gazette.
463. Printed copies of by-laws to be kept on sale.
464. State Government may modify or repeal by-laws.
465. Regulations.
466. Making of standing orders by Commissioner.
467. Posting of standing orders and table of stallage, rents, etc.
468. Penalty for breach of rules, by-laws, regulations or standing orders.
CHAPTER XXX.
MISCELLANEOUS.
Public Notices and Advertisements.
469. Public notices how to be made known.
470. Advertisements how to be made.
471. Consent, etc., of Corporation, etc., may be proved by written document.
Service of Notices, etc.
472. Notices, etc., by whom to be served or presented.
473. Service how to be effected on owners of premises and other persons.
474. Service on owner or occupier of premises how to be effected.
475. Sections 472, 473 and 474 inapplicable to Magistrate’s summons.
476. Signature on notices, etc., may be stamped.
477. Power of Commissioner to call for information as to ownership of premises.
Unauthorised works.
478. Work or thing done without written permission of the Designated Officer to be deemed
unauthorised.
Enforcement of orders to execute works, etc.
479. Works, etc., which any person is required to execute may in certain cases be executed by
Commissioner at such person’s cost.
480. Supply of materials.
Legal Proceedings.
481. Provisions respecting institution, etc., of civil and criminal
actions and obtaining legal advice.
General.
482. Councillors, etc., to be deemed to be public servants.
482A. Power of State Government to accord previous sanction.
483. Co-operation of Police, etc.
484. Assistance for the recovery of rent on land.
485. Informalities and errors in assessments, etc., not to be deemed
to invalidate such assessment, etc.
486. Indemnity for acts done in good faith.
487. Protection of persons acting under this Act against suits.
(xxii) Maharashtra Municipal Corporations Act [1949 : LIX

SECTIONS.
488. Savings in respect of certain provisions of Bombay Land Revenue
Code, 1879.
489. Limitation of liability of agent or trustee of owner.

CHAPTER XXXI.
REPEALS AND AMENDMENTS.
490. Certain Acts to cease to apply to City.
491. Amendment of certain enactments.
492. Repeal.
493. Transitory provisions.
APPENDIX I .. Provisions of the Land Acquisiton Act, 1894,
.. regulating the Acquisition of Land for
Improvement purposes.
APPENDIX II .. Table of Penalties.
APPENDIX III .. Enactments amended.
APPENDIX IV .. Transitory provisions.
SCHEDULE A .. [Deleted].
SCHEDULE B .. [Deleted].
SCHEDULE C .. [Deleted].
SCHEDULE D ..
CHAPTER I .. Election Rules.
CHAPTER II .. Proceedings of the Corporation, Standing Committee, Transport Committee,
etc.
CHAPTER III .. Method of Appointment of certain Municipal
Officers and Servants and their Duties and
Powers.
CHAPTER IV .. Essential Services.
CHAPTER V .. Contracts.
CHAPTER VI .. Special Funds.
CHAPTER VII .. Budgets.
CHAPTER VIII .. Taxation Rules.
CHAPTER IX .. Drainage and Drainage Works.
CHAPTER X .. Water Supply.
CHAPTER XI .. Streets.
CHAPTER XII .. Buildings Regulations and Building Loans.
CHAPTER XIII .. Powers of Fire-Brigade Officers.
CHAPTER XIV .. Sanitary Provisions.
CHAPTER XV .. Markets and Slaughter-Houses.
CHAPTER XVI .. Transport Undertakings.
CHAPTER XVII .. Vital Statistics.
CHAPTER XVIII .. Articles for keeping which and Trades and Occupations for which Licences
are needed.
CHAPTER XIX .. Penalties.
FORMS
1949 : LIX] Maharashtra Municipal Corporations Act 1

ACT No. LIX OF 19491

[THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.]
[The Act received the assent of the Governor General on the 21st December
1949; assent first published in the Bombay Government Gazette, Part IV on
the 29th December 1949].
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom.42 of 1950.
„ „ 9 of 1951.
„ „ 28 of 1951.
„ „ 39 of 1951.
„ „ 10 of 1953.*
„ „ 18 of 1953.
„ „ 57 of 1953.
„ „ 8 of 1954.
., „ 19 of 1954.
„ „ 45 of 1954.
„ „ 58 of 1954.
„ „ 34 of 1955.
„ „ 19 of 1956.
„ „ 22 of 1956.
„ „ 24 of 1956.
Adapted and modified by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
Amended by Bom. 5 of 1958.
„ „ 65 of 1958.
„ „ 80 of 1958.
„ „ 53 of 1959.
„ „ 56 of 1959.
Adapted and modified by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
Amended by Mah. 31 of 1960.
„ „ 48 of 1961.
„ „ 39 of 1963.
„ „ 34 of 1965.
„ „ 53 of 1965.
„ „ 7 of 1966.
„ „ 28 of l966.†
„ „ 26 of 1967‡
„ „ 35 of 1967.
„ „ 32 of 1968.§
„ „ 3 of 1969.
„ „ 33 of 1969.¶

1
For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part
V, page 597.
* This Act shall be deemed to have come into force on the 20th day of
November 1951 [vide s. 1(2) of Bom. 10 of 1953].
† This Act shall be deemed to have come into force on the 1st day of April
1962 [vide s. 1(2) of Mah. 28 of 1966].
‡ Mah. Ordinance No. VIII of 1967 was repealed by Mah. 26 of 1967, s. 6.
§ Mah. Ordinance No. III of 1968 was repealed by Mah. 32 of 1968, s. 3.
¶ Mah. Ordinance No. VII of 1969 was repealed by Mah. 33 of 1969, s. 3.
2 Maharashtra Municipal Corporations Act [1949 : LIX

Amended by Mah. 8 of 1970.

„ „ 13 of 1971.
„ „ 53 of 1973 (27-12-1973).*
„ „ 37 of 1974££(20-5-1974).*
„ „ 16 of 1975 (1-4-1975).*
„ „ 27 of 1975 (27-8-1975).*
„ „ 63 of 1975† (22-9-1975).*
„ „ 68 of 1975 (24-12-1975).*
„ „ 42 of 1976 (1-10-1976).*
„ „ 42 of 1977 (11-8-1977).*
„ „ 21 of 1979†† (21-4-1979).*
„ „ 24 of 1979$ (15-6-1979).*
„ „ 6 of 1980 (13-2-1980).*
„ „ 20 of 1980¶ (16-10-1980).*
„ „ 12 of 1981@ (4-2-1981).*
„ „ 68 of 1981 (28-12-1981).*
„ „ 69 of 1981(28-12-1981).*
„ „ 29 of 1982††$ (4-8-1982).*
„ „ 27 of 1983‡‡(20-5-1983).*
„ „ 7 of 1984 (30-3-1984).*
„ „ 32 of 1984£@@ (5-9-1984).*
„ „ 3 of 1985@@ (11-2-1985).*
„ „ 7 of 1986@@@ (20-12-1985).*

*This indicates the date of commencement of Act.

££Mah. Ordinance No. VII of 1974 was repealed by Mah. 37 of 1974, s. 3.
†Mah. Ordinance No. XI of 1975 was repealed by Mah. 63 of 1975, s. 11.
††Mah. Ordinance No. III of 1979 was repealed by Mah. 21 of 1979, s. 6.
$Mah. Ordinance No. V of 1979 was repealed by Mah. 24 of 1979, s. 3.
¶Mah. Ordinance No. XII of 1980 was repealed by Mah. 20 of 1980, s. 23.
@Mah. Ordinance No. I of 1981 was repealed by Mah. 12 of 1981, s. 7.
††$Mah.Ordinance No. IX of 1982 was repealed by Mah. 29 of 1982, s.9.
Section 2 of the Mah. 29 of 1982 provides as follows :—
Extention “2. The Bombay Provincial Municipal Corporations Act, 1949, as in force immediately before
of the commencement of this Act in the Bombay area of the State of Maharashtra, is hereby extended
Bom. LIX of
1949 to rest
to the rest of the State of Maharashtra.”.
of State. ‡‡Mah. Ordinance No. XI of 1983 was repealed by Mah. 27 of 1983, s. 5.
£@@ Maharashtra Ordinance No. VI of 1984 was repealed by Mah. 32 of 1984, s. 3(1).
@@ Maharashtra Ordinance No. I of 1985 was repealed by Mah. 3 of 1985, s. 10.
@@@ Maharashtra Ordinance No. XIII of 1985 was repealed by Mah. 7 of 1986, s. 7.
1949 : LIX] Maharashtra Municipal Corporations Act 3

Amended by Mah. 44 of 1986£ (19-12-1986).*

„ „ 20 of 1987 (1-11-1987).*
„ „ 38 of 1987 (4-12-1987).*
„ „ 18 of 1988££ (11-7-1988).*
„ „ 6 of 1989.
„ „ 19 of l989t.
„ „ 28 of l989£££ (12-6-1989).*

£ Section 3 of Mah. 44 of 1986 reads as under :—

“3. Notwithstanding anything contained in the principal Act, all acts and things done during Validation of
the period commencing from the date on which the aggregate period of three years referred to in acts and
things done
clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date
by
Mah. of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) administrators.
XLIV of Act, 1986 (hereinafter referred to as “ the said period ’’), by the Administrator appointed under the
1986.
said clause (ab) shall be valid and shall be deemed always to have been valid; and no suit or other
proceeding shall be instituted, maintained or continued against any such Administrator or the
Corporation on the ground that the elections of Councillors were not held within the aggregate
period of three years from the date on which such Administrator had assumed office and that he
had no authority to do such acts or things during the said period.”.

* This indicates the date of commencement of Act.

££ Section 3 of Mah. 18 of 1988 reads as under :—

“3. Notwithstanding anything contained in the principal Act, all acts and things done during Validation of
the period commencing from the date on which the aggregate period of five years referred to in acts and
things done
clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date
by
Mah. of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) administrators.
XVIII of Act, 1988 (hereinafter referred to as “the said period”), by the Administrator appointed under the
1988.
said clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other
proceeding shall be instituted, maintained or continued against any such Administrator or the
Corporation on the ground that the elections of Councillors were not held within the aggregate
period of five years from the date on which such Administrator had assumed office and that he had
no authority to do such acts or things during the said period.”.

t Section 3 of Mah. 19 of 1989 reads as under :—

“3. Notwithstanding anything contained in the principal Act, all acts and things done during Validation of
the period commencing from the date on which the aggregate period of six years referred to in acts and
things done
clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date
by
Mah. of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) administrators.
XIX of Act, 1989 (hereinafter referred to as “the said period”), by the Administrator appointed under the
1989. said clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other
proceeding shall be instituted, maintained or continued against any such Administrator or the
Corporation on the ground that the elections of Councillors were not held within the aggregate
period of six years from the date on which such Administrator had assumed office and that he had
no authority to do such acts or things during the said period.”.

£££ Maharashtra Ordinance No. IV of 1989 was repealed by Mah. 28 of 1989, s. 8.

H 610—4
4 Maharashtra Municipal Corporations Act [1949 : LIX

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

„ „ 12 of 1990 f (12-2-1990)*
„ „ 13 of 1990
„ „ 28 of 1990
„ „ 36 of 1990$$ (14-11-1990)*
„ „ 15 of 1991 ©(16-2-1991).*
„ „ 26 of 1991 @* (29-10-1991).*
„ „ 13 of 1992 (1-1-1993).*
„ „ 21 of 1992 *@f#(10-8-1992)*
„ „ 12 of 1993 (4-1-1993).*
„ „ 15 of 1994
„ „ 41 of 1994*f(31-5-1994).*

£££ Maharashtra Ordinance No. 5 of 1990 was repealed by Mah. 11 of 1990, s. 11.

*This indicates the date of commencement of the Act.

f Mah. Ord. 3 of 1990 was repealed by Mah. 12 of 1990, s.14.

Section 13 of Mah. 12 of 1990 reads as under :—

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

$$Maharashtra Ordinance No. 13 of 1990 was repealed by Mah. 36 of 1990, s. 10.

Section 9 of Mah. 36 of 1990 reads as under :—

Validation of “9. Notwithstanding anything contained in the Provincial Municipal Corporations Act, all acts
acts and and things done during the period commencing from the date on which the aggregate period of
things done
by eight years referred to in clause (ab) of paragraph 22 in Part IV of Appendix IV to the Provincial
administrators. Municipal Corporations Act has expired and ending on the date of commencement of this Act
(hereinafter referred to as “the said period”) by the Administrator appointed under the said
clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other
proceeding shall be instituted, maintained or continued against any such Administrator or the
Corporation on the ground that the elections of councillors were not held within the aggregate
period of eight years, from the date on which such Administrator had assumed office and that he
had no authority to do such acts or things during the said period.

©Maharashtra Ordinance No. 3 of 1991 was repealed by Mah. 15 of 1991, s. 11.

@*Mah. Ord. 11 of 1991 was repealed by Mah. 26 of 1991.

*@f# Mah. Ord. 9 of 1992 was repealed by Mah. 21 of 1992.

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

1949 : LIX] Maharashtra Municipal Corporations Act 5

Amended by Mah. 44 of 1994 (11-11-1994)***†‡

„ „ 4 of 1995 (31-5-1994)****†
„ „ 5 of 1995 (31-5-1994)*‡‡
„ „ 20 of 1995 (31-8-1994)†
„ „ 3 of 1996 (31-8-1995)*‡‡‡†
„ „ 11 of 1996 (21-1-1996)†
„ „ 25 of 2000 (4-3-2000)†
„ „ 43 of 2000 (13-9-2000)†
„ „ 1 of 2001 (9-11-2000)†
„ „ 2 of 2001 (16-9-2000)†
„ „ 8 of 2002 (9-11-2001)†
(7-11-2001).
„ „ 11 of 2002 (14-2-2002)†
„ „ 16 of 2004 (1-1-2005)†
„ „ 5 of 2005 (4-1-2005)†

***†‡ Maharashtra Ordinance No. XVIII of 1994 was repealed by Mah. 44 of 1994, s. 11.
****† Maharashtra Ordinance No. 19 of 1994 was repealed by Mah. 4 of 1995, s.6.
Sections 4 and 5 of Mah. 4 of 1995 reads as under :—
‘‘ 4. Notwithstanding the deletion of Part IV of Appendix IV to the principal Act, the municipal Continuance
Mah. IV officers and servants appointed, if any, under that part before the date of commencement of the of certain
of 1995. Bombay Provincial Municipal Corporations (Amendment and Validation) Act, 1995, shall be appointments.
deemed to have been appointed under the corresponding provisions obtaining in Chapter IV of the
principal Act and shall continue to be the employees of the Corporation unless their appointments
are duly terminated under the said corresponding provisions.
5. Notwithstanding anything contained in the principal Act, all acts or things done, by the Validation of
administrator of the Municipal Corporation of the City of Kalyan appointed under clause (ab) of acts and
paragraph 22 of Part IV of Appendix IV to the principal Act, during the period commencing on the things done
date on which the aggregate period of ten years referred to in the said clause (ab) expired and by
administrator.
Mah. IV ending on the date of commencement of the Bombay Provincial Municipal Corporations
of 1995. (Amendment and Validation) Act, 1995 (hereinafter referred to as “ the said period ”), shall be
valid and shall be deemed always to have been valid; and no suit or other proceeding shall be
instituted, maintained or continued against the said Administrator or the said Municipal
Corporation on the ground that the elections to the said Municipal Corporation for election of the
Councillors were not held within the aggregate period of ten years from the date on which the
Administrator had assumed office and that he had no authority to do such acts or things during
the said period.’’.
*‡‡ Mah. Ord. V of 1995 was repealed by Mah. 5 of 1995, s. 3.
† This indicates the date of commencement of the Act.
*‡‡‡† Mah. Ord. X of 1995 was repealed by Mah. 3 of 1996, s. 3.
‡ This indicates the date of commencement of this Act.
 Mah. Ord. VII of 2000 was repealed by Mah. 25 of 2000, s. 5.
 Mah. Ord. XXV of 2000 was repealed by Mah. 1 of 2001, s. 4.
 Mah. Ord. XVII of 2000 was repealed by Mah. 2 of 2001, s. 5.
 Mah. Ord. XVIII of 2001, Mah. Ord. XXXII of 2001, Mah. Ord. XXXIV of 2001 and
Mah. Ord. XXXVII of 2001 were repealed by Mah. 8 of 2002, s. 24.
 This Act came into force w.e.f. 14th February 2002 by G. N., U.D.D., No. MMC. 1199/218/
CR 29/2002/UD-32, dated the 14th February 2002.
 This Act came into force w.e.f. 1st January 2005 by G. N., U.D.D., No. BNM. 2004/375/
CR 33/UD-32, dated the 1st January 2005.

H 610—4a
6 Maharashtra Municipal Corporations Act [1949 : LIX

Amended by Mah. 19 of 2006 (21-6-2006)@

„ „ 35 of 2006 (1-10-2006)*
„ „ 49 of 2006 (27-10-2006)$
„ „ 11 of 2007 (27-2-2007)£
„ „ 15 of 2007 (27-10-2006)†#
„ „ 33 of 2007 (1-3-2008)‡
„ „ 2 of 2008 (4-1-2008)†
„ „ 3 of 2008 (4-1-2008)†
„ „ 12 of 2008 (2-5-2008)†
„ „ 13 of 2008 (12-5-2008)¶%
„ „ 4 of 2009 (3-10-2008)a
„ „ 6 of 2009 (14-1-2009)†

@ This Act came into force with effect from the 21st June 2006 vide G. N., U.D.D., No. BNM
5005/218/CR-43/2005/UD-32, dated the 21st June 2006.
* This Act came into force with effect from the 1st October 2006 vide G. N., U.D.D., No. BNM
5003/121/CR-19/UD-32, dated the 15th September 2006.
$ Maharashtra Ordinance No. 12 of 2006 was repealed by Mah. 49 of 2006, s. 6.
£ Maharashtra Ordinance No. 2 of 2007 was repealed by Mah. 11 of 2007, s. 13.
# Section 6 of Mah. 15 of 2007 reads as under :—
Validation “6. Notwithstanding anything contained in the second proviso to section 9A of the Mah. XL
and savings. Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, any of 1965.
Councillor elected to reserved seat and who has not received the validity certificate from the
Scrutiny Committee within a period of three months from the date of his election shall continue
to hold the office of the Councillor for a further period of one month, as if, the period of three
months for submission of the Validity Certificate has been extended by a further period of one
month; and any action taken by such Councillor during the period commencing from the expiry
of three months from the date of his election and ending on the date of publication of the
Maharashtra Municipal Corporation and Municipal Councils (Amendment) Act, 2007, shall Mah. XV
be deemed to have been validly taken and shall not be challenged in any court of law only on the of 2007.
ground that during the period of three months from the date of his election he had not submitted
the validity certificate.”.
‡ This Act came into force with effect from the 1st March 2008 vide G. N., U.D.D., No. BNM 5006/
35/CR-79/UD-32, dated the 25th February 2008.
% This Act came into force with effect from the 12th May 2008 vide G. N., U.D.D., No. BNM 5007/
434/CR-119/UD-32, dated the 12th May 2008.
¶ Section 6 of Mah. 13 of 2008 reads as under :—
Removal of “6. For the removal of doubt, it is hereby declared that, the election to a reserved seat to Bom. III
doubt. the Municipal Corporations or Municipal Councils, before the date of comming into force of this of 1888.
Act, shall be regulated by the relevant provisions of the Mumbai Municipal Corporation Act, Bom.
the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, LIX of
1949.
1948, or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and
C.P. and
Industrial Townships Act, 1965, as they existed immediately before such date of
Berar II
commencement.”. of 1950.
Mah. XL
of 1965.
a Maharashtra Ordinance No. 7 of 2008 was repealed by Mah. 4 of 2009, s. 9.
1949 : LIX] Maharashtra Municipal Corporations Act 7

Amended by Mah. 7 of 2009 (6-2-2009)ß

„ „ 21 of 2009
„ „ 27 of 2009 (31-8-2009) 
„ „ 10 of 2010 (1-6-2010)©
„ „ 27 of 2010¥!@@
„ „ 9 of 2011 (1-5-2011)**
„ „ 11 of 2011 (10-3-2011)$$
„ „ 12 of 2011 (10-3-2011)££

ß This Act came into force with effect from the 6th February 2009 vide G. N., U.D.D., No. MMC
2008/291/CR-103/UD-32, dated the 6th February 2009.
 Not brought into force till 8th June 2018.
 Maharashtra Ordinance No. 21 of 2009 was repealed by Mah. 27 of 2009, s. 7.
 This Act came into force with effect from the 1st June 2010 vide G. N., U.D.D.,
No. MMC 2008/466/CR-167/08/UD-32, dated the 31st May 2010.
© Section 43 of Mah. 10 of 2010 reads as under :—
“43. For the removal of doubt, it is hereby declared that all proceedings in Removal of
connection with any assessment, reassessment, levy (including levy of penalty or interest) and doubt.
collection of any property tax levied on the basis of reteable value relating to any period whatsoever,
immediately before the date determined by the Corporation under sub-section (2) of section 129
to adopt capital value to be the base for levy of property taxes shall, notwithstanding anything
contained in this Act but save as otherwise expressly provided therein, be continued and dealt
with under the Provincial Corporations Act as if this Act has not been enacted.”.
¥ Sections 1, 10 and 12 came into force with effect from the 2nd August 2010 and sections 2 to
9, 11 and 13 to 19 came into force with effect from the 26th August 2010.
! Maharashtra Ordinance Nos. 9 of 2009 and 10 of 2010 were repealed by Mah. 27 of 2010, s. 20.
@@ Section 19 of Mah. 27 of 2010 reads as under :—
“19. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Power to
Bom. III Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur remove
of 1888.
Corporation Act, 1948 or, as the case may be, the Maharashtra Municipal Councils, Nagar difficulty.
Bom.
LIX of Panchayats and Industrial Townships Act, 1965, in respect of the matters contained in this Act,
1949. the State Government may, as the occasion arises, by order published in the Official Gazette, do
C.P. and
anything not inconsistent with the provisions of the Mumbai Municipal Corporation Act, the
Berar II
of 1950. Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948
Mah. XL or, as the case may be, the Maharashtra Muncipal Councils, Nagar Panchayats and Industrial
of 1965.
Townships Act, 1965, as amended by this Act, which appears to it to be neccessary for the purpose
of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the
date of commencement of the respective section of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made,
before each House of the State Legislature.”.

** Sections 3, 5, 7 and 9 came into force with effect from the 1st May 2011 vide G.N., U.D.D.,
No. BMC. 5007/267/CR-71/UD-32, dated the 27th April 2011. Section 41 This Act has not brought
into force till 31st August 2013.

$$ Maharashtra Ordinance No. 10 of 2011 was repealed by Mah. 11 of 2011, s. 17.

££ Maharashtra Ordinance No. 9 of 2011 was repealed by Mah. 12 of 2011, s. 8.
8 Maharashtra Municipal Corporations Act [1949 : LIX

Amended by Mah. 14 of 2011 (10-3-2011)##††

” ” ” 20 of 2011 (21-4-2011)†
” ” ” 26 of 2011 (26-5-2011)
” ” ” 29 of 2011 (12-9-2011)ßß

## Maharashtra Ordinance No. 11 of 2011 was repealed by Mah. 14 of 2011, s. 31.

†† Section 29 of Mah. 14 of 2011 reads as under :—

Removal of “ 29. (1) If any difficulty arises in giving effect to the provisions of a Municipal Act or rules
difficulty. contained therein or made thereunder as they stand amended by this Act, the State Government
may, as occassion arises, by order, take such action, not inconsistent with the provisions of the
Municipal Act as amended by this Act, as appears to it to be necessary for the purpose of removing
such difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the
date of commencement of this Act.

(2) Every such order made under sub-section (1) shall be laid, as soon as may be, after it is
made before each House of the State Legislature.”.
† This indicates the date of commencement of the Act.
 Section 6 of Mah. 20 of 2011 reads as under :—

Power to “ 6. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Bom. III
of 1888.
remove Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur
difficulties. Corporation Act, 1948 or the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Bom.
LIX of
Townships Act, 1965, as amended by this Act or by reason of anything contained therein, or in 1949.
C.P and
giving effect to any of those Acts in respect of the matters contained in this Act, the State Berar II
Government may, as occassion arises, by an order published in the Official Gazette, do anything of 1950.
not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient Mah. XL
of 1965.
for the purpose of removing such difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the
date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made,
before each House of the State Legislature.”.
 Maharashtra Ordinance No. 13 of 2011 was repealed by Mah. 26 of 2011, s. 5.
 This Act came into force with effect from the 12th September 2011 vide G.N., U.D.D., No.
MMC-2010/5/CR-6/UD-32, dated the 9th September 2011.
ßß Section 9 of Mah. 29 of 2011 reads as under :—

Power to “ 9. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Bom. III
remove Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur of 1888.
difficulties. Corporation Act, 1948, or, as the case may be, the Maharashtra Municipal Councils, Nagar Bom.

Panchayats and Industrial Townships Act, 1965, as amended by this Act, the State Government LIX of
may, as occassion arises, by an order published in the Official Gazette, do anything, not inconsistent 1949.
with the provisions of those Acts : C.P. and
Berar II
Provided that, no such order shall be made after the expiry of a period of two years from the
of 1950.
date of commencement of this Act.
Mah. XL
(2) Every order made under sub-section (1) shall be laid, as soon as may be, after of 1965.
it is made, before each House of the State Legislature.”.
1949 : LIX] Maharashtra Municipal Corporations Act 9

Amended by Mah. 32 of 2011 (21-5-2011)$

” ” ” 40 of 2011*@
” ” ” 42 of 2011 (29-08-2011)@ (24-10-2011)@@###
” ” ” 2 of 2012* (22-3-2012)$
” ” ” 17 of 2012 (4-8-2012)$
” ” ” 23 of 2012** (5-12-2012)
” ” ” 28 of 2012 (20-12-2012)$
” ” ” 34 of 2014
” ” ” 10 of 2015 (31-12-2014)
” ” ” 13 of 2015
” ” ” 18 of 2015
” ” ” 35 of 2015
” ” ” 43 of 2015$ (05-10-2015)§
 Maharasthra Ordinance No. 12 of 2011 was repealed by Mah. 32 of 2011, s. 49.
*@ This Act not brought into force till 8th June 2018
@ Sections 1 and 3 of the said Act shall be deemed to have come into force on the 29th August
2011 by Mah. 42 of 2011, s. 1(2) (i)
@@ Sections 2, 4 and 5 of the said Act shall be deemed to have come into force on the 24th
October 2011 by Mah. 42 of 2011, s. 1(2) (ii)
### Maharashtra Ordinance No. 8 of 2011 and Maharashtra Ordinance No. 20 of 2011 were
repealed by Mah. 42 of 2011, s. 6.
%%% Section 5 of Mah. 42 of 2011 read as under :—
Bom. “ 5. (1) If any difficulty arises in giving effect to the provisions of the Bombay Provincial Power to
LIX of Municipal Corporations Act, 1949 and the Maharashtra Municipal Councils, Nagar Panchayats remove
1949. and Industrial Townships Act, 1965, as amended by this Act, the State Government may, as difficulty.
Mah. XL occasion arises, by order published in the Official Gazette, do anything not inconsistent with the
of 1965.
provisions of the relevant law, which appears to it to be necessary or expedient for the purpose of
removing the difficulty :
Provided that, no such order shall be made after the expiry of a period of two years from the
date of commencement of the respective section of this Act.
(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is issued, before
each House of the State Legislature.’’.
* This Act came into force w.e.f. 22nd March 2012 vide G.N., U.D.D., No. MMC. 2009/72/C.R.
48/2009/UD-32, dated the 22nd March 2012.
** This Act come into force w.e.f. 5th December 2012 vide G.N., U.D.D., No. NMC. 2009/C.R. 54/
UD-32, dated the 1st December 2012.
%%%% Section 9 of Mah. 23 of 2012 read as under :—
“ 9. (1) If any difficulty arises in giving effect to the provisions of the Municipal Corporations Power to
Act, as amended by this Act, the State Government may, as occasion arises, by an order published remove
in the Official Gazette, do anything not inconsistent with the provisions of the said Act which difficulty.
appears to it to be necessary or expedient for the purpose of removing the difficulty :
Provided that, no such order shall be made after the expiry of a period of two years from the
date of commencement of this Act.
(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is made, before
each House of the State Legislature.”
$ This indicates the date of commencement of the Act.
Maharashtra Ordinance No. 19 of 2015 was repealed by Mah. 43 of 2015, s. 6.
§ Section 5 of Mah. 43 of 2015 reads as under :—
III of “ 5. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Power to
1888. Corporations Act, the Mumbai Municipal Corporation Act or, as the case may be, the Maharashtra remove
LIX of difficulty.
1949. Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this
Mah. XL Act, the State Government may, as occasion arises, by order published in the Official Gazette, give
of 1965. such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary
or expedient for the purpose of removing the difficulty :
Provided that, no such order shall be made after the expiry of the period of two years from the
date of commencement of this Act.
(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is made, before
each House of the State Legislature ”.
10 Maharashtra Municipal Corporations Act [1949 : LIX

” ” ” 19 of 2016$$
” ” ” 9 of 2017£ (19-05-2016) $
” ” ” 10 of 2017 © (16-06-2016) $
” ” ” 42 of 2017 (01-07-2017)¶†
” ” ” 51 of 2017 ££@ (08-01-2017) $
” ” ” 52 of 2017 ©© (02-02-2017) $
$$ This Act came into force with effect from 2nd January 2017, vide G. N., U.D.D., No. SMA.
2015/CR-254/UD-34, dated the 16-12-2016.
£ Maharashtra Ordinance No. 16 of 2016 was repealed by Mah. 9 of 2017, s. 13(1).
$ This indicates the date of commencement of Act.
© Maharashtra Ordinance No. 17 of 2016 was repealed by Mah. 10 of 2017, s. 4(1).
¶ This Act came into force with effect from the 1st July 2017 vide G.N., F.D., No. MGST. 1017/CR
101(2)/Taxation-1, dated the 29th June 2017.
† Section 78 of Mah. 42 of 2017 reads as under :—
Saving. “ 78. (1) Notwithstanding the amendments made in the Mumbai Municipal Corporation III of
Act, the Maharashtra Entertainments Duty Act, the Maharashtra Municipal Corporations Act, 1888
the Maharashtra Motor Vehicles Tax Act, the Maharashtra Village Panchayats Act, the I of 1923.
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the LIX of
1949.
Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 and the LXV of
Maharashtra Value Added Tax Act, 2002 by this Act, those laws and all rules, regulations, orders, 1958.
notifications, form, certificates and notices, appointments and delegation of powers issued under III of
those laws which are in force immediately before the appointed day of the Maharashtra Goods 1959.
and Services Tax Act, 2017 shall, subject to the other provisions of this Act, in so far as they apply, Mah. XL
continue to have effect after the appointed day of the Maharashtra Goods and Services Tax Act, of 1965.
2017 for the purposes of the levy, returns, assessment, re-assessment, appeal, determination, Mah.
XVI of
revision, rectification, reference, limitation, production and inspection of accounts and documents
1975.
and search of premises, transfer of proceedings, payment and recovery, calculation of cumulative Mah. IX
quantum of benefits, exemption from payment of tax and deferment of due date for payment of of 2005.
tax, cancellation of the certificate of Entitlement, collection or deduction of tax at source, refund or Mah.
set off of any tax, withholding of any refund, exemption from payment of tax, collection of statistics, XLIII. of
the power to make rules, the imposition of any penalty, or of interest or forfeiture of sum where 2017.
such levy, returns assessment, re-assessment, appeal, determination, revision, rectification, Mah.
XLIII. of
reference, limitation, payment and recovery, calculation of cumulative quantum of benefits,
2017.
exemption from payment of tax and deferment of due date for payment of tax, cancellation of the
certificate of entitlement, collection, deduction of tax at source, refund, set-off, withholding of any
refund, exemption, collection of statistics, the power to make rules, limitation, production and
inspection of accounts and documents and search of premises, transfer of proceedings, penalty,
interest or forfeiture of any sum relates to any period ending before the appointed day of the Mah. XLIII.
Maharashtra Goods and Services Tax Act, 2017 or for any other purpose whatsoever connected of 2017.
with or incidental to any of the purposes aforesaid and whether or not the tax, penalty, interest, Mah. XLIII.
sum forfeited or tax deducted at source, if any, in relation to such proceedings is paid before or of 2017.
after the appointed day of the Maharashtra Goods and Services Tax Act, 2017.
(2) Without prejudice to the provisions contained in the foregoing sub-section, the provisions I of 1904.
of section 7 of the Maharashtra General Clauses Act, shall apply in relation to the repeal of any of
the provisions of the Acts referred to in sub-section (1).”.
££ Maharashtra Ordinance No. 13 of 2017 was repealed by Mah. 51 of 2017, s. 5(1).
@ Section 6 of Mah. 51 of 2017 reads as under :—
Removal of “ 6. For the removal of doubt, it is hereby declared that all the provisions of the Mumbai III of
doubt. Municipal Corporation Act and the Maharashtra Municipal Corporations Act, as amended by the 1888.
Mumbai Municipal Corporation and the Maharashtra Municipal Corporations (Amendment) LIX of
Ordinance, 2017, shall with effect from 8th January 2017, being the date of commencement of the 1949.
Mah.
said Ordinance, continue to be in force and be deemed to be continuously in force.”.
Ord. III
©© Maharashtra Ordinance No. 8 of 2017 was repealed by Mah. 52 of 2017, s. 5(1). of 2017.
Section 6 of Mah. 52 of 2017 reads as under :—
Removal of “ 6. For the removal of doubt, it is hereby declared that all the provisions of the Mumbai III of 1888.
doubt. Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra LIX of
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by the 1949.
Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Mah. XL of
1965.
Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2017, Mah. Ord.
shall with effect from 2nd February 2017, being the date of commencement of the said Ordinance, VI of 2017.
continue to be in force and be deemed to be continuously in force.”.
1949 : LIX] Maharashtra Municipal Corporations Act 11

” ” ” 53 of 2017 ¶¶ (13-06-2017) $
” ” ” 7 of 2018 +* (12-10-2017) $
” ” ” 21 of 2018 (20-3-2018) $

An Act to provide for the establishment of Municipal

Corporations 1[for all larger urban areas except that of Brihan
Mumbai] in 2[the State of Maharashtra].
¶ ¶ Maharashtra Ordinance No. 10 of 2017 was repealed by Mah. 53 of 2017, s. 4(1).
+ Maharashtra Ordinance No. 23 of 2017 was repealed by Mah. 7 of 2018, s. 5(1).
* Section 3 of Mah. 7 of 2018 reads as under :—
LIX of “ 3. (1) Notwithstanding anything contained in any judgement, decree or order of any Validation of
1949. court to the contrary, any assessment, review, levy or collection of stamp duty or surcharge in duty levied and
Mah. collected.
Ord. VII
respect of execution of instruments of sale, gift and usufructuary mortgage, or any action taken or
of 2018. thing done in relation to such assessment, review, levy or collection under the provisions of the
Maharashtra Municipal Corporations Act (hereinafter in this section referred to as “the Municipal
Corporations Act”) prior to the date of commencement of the Maharashtra Municipal Corporations
(Second Amendment) Act, 2017 (hereinafter in this section referred to as “the Amendment Act” ),
shall be deemed to be valid and effective as if such assessment, review, levy or collection or action
or thing had been duly made, taken or done under the Municipal Corporations Act, as amended by
the Amendment Act, and accordingly,—
(a) all acts, proceedings or things done or taken by any authority or by the State
Government or by any officer of the State Government in connection with the assessment,
review, levy or collection or action or thing in connection with the levy of such stamp duty or
surcharge , for all purposes be deemed to be, and to have always been done or taken in
accordance with the law;
(b) no suit, appeal, application or other proceedings shall lie or be maintained or
continued in any Court or before any Tribunal, officer or other authority for the refund of such
stamp duty or surcharge so paid; and
(c) no Court, Tribunal, officer or other authority shall enforce any decree or order
directing the refund of such duty or surcharge.
(2) For the removal of doubt it is hereby declared that, nothing in sub-section (1) shall be
construed as preventing a person,—
(a) from questioning in accordance with the provisions of the Municipal Corporations
Act, as amended by the Amendment Act, assessment, review, levy or collection of such
stamp duty or surcharge, referred to in sub-section (1), or
(b) from claiming refund or any stamp duty or surcharge paid by him in excess of the
amount due from him by way of stamp duty under the Municipal Corporations Act as
amended by the Amendment Act.
(3) Nothing in the Municipal Corporations Act, as amended by the Amendment Act, shall
render any person liable to be convicted of any offence in respect of anything done or omitted to be
done by him, before the date of commencement of the Amendment Act, if such act or omission was
not an offence under the Municipal Corporations Act on the relevant date, but for such amendment
made by the Amendment Act; nor shall any person in respect of such act or omission be subject to
a penalty greater than that which could have been imposed on him under the law in force immediately
before the date of commencement of the Amendment Act.”.
1
These words were substituted for the words “ for certain larger urban areas ” by Mah. 23 of 2012, s. 2.
2
These words were substituted for the words “ the Province of Bombay ” by Mah. 29 of 1982, s. 3.

H 610—5
12 Maharashtra Municipal Corporations Act [1949 : LIX

WHEREAS, it is expedient to provide for the establishment of municipal

corporations 1[for all larger urban areas except that of Brihan Mumbai] 2[in
the State of Maharashtra] with a view to ensure a better municipal
government of 3[the said larger urban areas]; It is hereby enacted as follows :—

CHAPTER I.

PRELIMINARY.
Short title, 1. (1) This Act may be called the 4[Maharashtra Municipal Corporations
extent and
commence-
Act ].
ment. 5
[(2) It extends to the areas of Municipal Corporations constituted or
deemed to be constituted under the Act.]
6
* * * * * * *
Definitions. 2. In this Act, unless there be something repugnant in the subject or
context,—
(1) “ Appendix ” means an Appendix to this Act ;
7
* * * * * * * *
[(2A) “ approved co-operative bank ” means such co-operative bank
8

registered or deemed to be registered under the †Bombay Co-operative Bom.

VII of
Societies Act, 1925, as may be approved by the State Government by general 1925.
or special order ;]
[(2B) “ Assembly Constituency ” means a constituency provided by law
9

for the purpose of elections to the Maharashtra Legislative Assembly; or

any part thereof which is for the time being comprised in the City ;
(2C) “ Assembly roll ” means the electoral roll prepared for any Assembly
constituency in accordance with the provisions of the Representation of XLII of
1950.
the People Act, 1950 ;]
(3) “ bakery or bake-house ” means any place in which bread, biscuits or
confectionery are baked, cooked or prepared in any manner whatsoever
for the purposes of sale or profit ;

1
These words were subtituted for the words “ for certain larger urban areas ” by Mah. 23 of
2012, s. 3.
2
These words were inserted by Mah. 29 of 1982, s. 2.
3
These words were substituted for the words “ the said cities ” by Mah. 41 of 1994, s.
42(b)(ii).
4
These words were substituted for the words and figures “ Bombay Provincial Municipal
Corporations Act, 1949 ” by Mah. 23 of 2012, s. 4.
5
This sub-section was substituted by Mah. 41 of 1994, s. 43(a).
6
Sub-section (3) was deleted by Mah. 41 of 1994, s. 43(b).
7
Clause (2) was deleted by Mah. 41 of 1994, s. 44(a).
8
Clause (2A) was inserted by Bom. 19 of 1954, s. 2.
9
Clauses (2B) and (2C) were inserted by Mah. 34 of 1965, s. 2.
† See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).
1949 : LIX] Maharashtra Municipal Corporations Act 13

[(3A) “ Backward Class of citizens ” means such classes or parts of or

1

groups within such classes as are declared, from time to time, by the State
Government to be Other Backward Classes and Vimukta Jatis and Nomadic
Tribes;]
(4) “ budget grant ” means the total sum entered on the expenditure
side of a budget estimate under a major head as prescribed by rules and
adopted by the corporation, and includes any sum by which such budget
grant may be increased or reduced by a transfer from or to other heads in
accordance with the provisions of this Act and rules ;
(5) “ building ” includes a house, out-house, stable, shed, hut, and other
enclosure or structure whether of masonry, bricks, wood, mud, metal or any
other material whatever, whether used as a human dwelling or otherwise,
and also includes verandahs, fixed platforms, plinths, doorsteps, walls
including compound walls and fencing and the like ;
2
[(5A) “ business ” includes,---
(a) any trade, commerce, profession, consumption or manufacture or
any adventure or concern in the nature of trade, commerce, profession,
consumption or manufacture, whether or not such trade, commerce,
profession, consumption, manufacture, adventure or concern is carried
on with a motive to make gain or profit and whether or not any gain or
profit accrues from such trade, commerce, profession, consumption,
manufacture, adventure or concern and whether or not there is any
volume, frequency, continuity or regularity in such trade, commerce,
profession, consumption, manufacture, adventure or concern ;
(b) any transaction in connection with, or incidental or ancillary to,
such trade, commerce, profession, consumption, manufacture, adventure
or concern whether or not such transaction is in respect of capital assets
and whether or not it is effected with a motive to make gain or profit
and whether or not any gain or profit accrues from such transaction,
and whether or not, there is any volume, frequency, continuity or
regularity in such transation ;
(c) any occasional transaction in the nature of such trade, commerce,
profession, consumption, manufacture, adventure or concern involving
import, purchase or sale of goods in the City, whether or not there is
any volume, frequency, continuity or regularity to such transaction and
whether or not such transaction is effected with a motive to make gain
or profit and whether or not any gain or profit accrues from such
transaction ;
(d) any transaction in connection with, or incidental or ancillary to,
the commencement or closure of such trade, commerce, profession,
consumption, manufacture, adventure or concern, whether or not such
transaction is effected with a motive to make gain or profit and whether
or not any gain or profit accrues from such transaction.
Explanation—For the purposes of this clause, the activities of raising of
man-made forests or rearing of seedlings or plants shall be deemed to be a
business;]
(6) “ by-law ” means a by-law made under section 458 ;
3
***
1
Clause (3A) was inserted by Mah. 41 of 1994, s. 44(b).
2
Clause (5A) was inserted by Mah. 3 of 1996, s. 2(a).
3
Clause (6A) was deleted by Mah. 42 of 2017, s. 32.

H 610—5a
14 Maharashtra Municipal Corporations Act [1949 : LIX

(7) “cesspool” includes a settlement tank or other tank for the reception
or disposal of foul matter from buildings ;
1
[(8) “City” means the larger urban area specified in a notification issued,
in respect thereof under clause (2) of article 243-Q of the Constitution of
India or under sub-section (2) of section 3 of the Act, 2[forming a City, and
in respect of the City of Nagpur means, the area comprised in the City of
Nagpur on the date of commencement of the Bombay Provincial Municipal Mah.
Corporations (Amendment) and the City of Nagpur Corporation (Repeal) XXIII of
2012.
Act, 2011];]
(9) “the Commissioner” means the Municipal Commissioner for the City
appointed under section 36 and includes an acting Commissioner appointed
under section 39 ;
3
[(10) “Corporation” means the Municipal Corporation constituted or
deemed to have been constituted for a larger urban area known as a City;]
4
[(11) “Councillor” means a person duly elected as a member of the
Corporation; and includes a nominated Councillor who shall not have the
right,—
(i) to vote at any meeting of the Corporation and Committees of the
Corporation; and
(ii) to get elected as a Mayor of the Corporation or a Chairperson of
any of the Committees of the Corporation ;]
(12) “cubical contents” when used with reference to the measurement
of a building means the space contained within the external surfaces of its
walls and roof and the upper surface of the floor of its lowest storey or where
the building consists of one storey only, the upper surface of its floor ;
(13) “dairy” includes any farm, cattle-shed, milk store, milk shop, or other
place from which milk is supplied for sale or in which milk is kept for the
purposes of sale or manufactured into butter, ghee, cheese, curds or dried
or condensed milk for sale and in the case of a dairyman who does not
occupy any place for the sale of milk, includes the place where he keeps
the vessels used by him for the sale of milk but does not include a shop or
other place in which milk is sold for consumption on the premises only ;
(14) “dairyman” includes the keeper of a cow, buffalo, goat, ass or other
animal the milk of which is offered or intended to be offered for sale for
human consumption, and any surveyor of milk and any occupier of a dairy;
(15) “dairy produce” includes milk, butter, ghee, curd, butter milk,
cream, cheese and every product of milk ;
(16) “dangerous disease” means cholera, plague, small-pox or any other
epidemic or infectious disease by which the life of human beings is
endangered and which the Corporation may from time to time by public
notice declare to be a dangerous disease ;
5
[(16A) “dealer” means any person who whether for commission,
remuneration or otherwise imports, buys or sells any goods in the City for
the purpose of his business or in connection with or incidental to his
business, and includes,—
(a) a factor, broker, commission agent, del credere agent or any other
mercantile agent, by whatever name called, and whether or not of the
1
Clause (8) was substituted by Mah. 41 of 1994, s. 44(c).
2
These words were substituted for the words “forming a City;” by Mah. 23 of 2012, s. 5.
3
Clause (10) was substituted by Mah. 41 of 1994, s. 44 (d).
4
Clause (11) was substituted by Mah. 41 of 1994, s. 44(e).
5
Clause (16A) was substituted by Mah. 3 of 1996, s. 2(c).
1949 : LIX] Maharashtra Municipal Corporations Act 15

same description as hereinbefore specified who buys, sells, supplies,

distributes or imports any goods in the City, belonging to any principal
or principals whether disclosed or not;
(b) an auctioneer, who sells or auctions goods in the City, belonging
to any principal whether disclosed or not and whether the offer of the
intending purchaser is accepted by him or by the principal or a nominee
of the principal;
(c) the Central Government or any State Government which (whether
or not while carrying on business) buys, sells, supplies, distributes or
imports goods directly or otherwise, for commission, remuneration or
otherwise;
(d) a society, club or other association of persons (whether
incorporated or not) which, whether while carrying on business or not,
imports, buys, sells, supplies or distributes goods whether for or on behalf
of its members or not, for cash or for deferred payment or, for commission,
remuneration or otherwise.
Explanation.—For the purposes of this clause,—
(A) a manager or agent of a non-resident dealer residing in the City
who imports, buys, sells, supplies or distributes goods in the City or acts
on behalf of such dealer as—
3 of (a) a mercantile agent as defined in the Sale of Goods Act, 1930,
1930. or
(b) an agent for handling of goods or documents of title relating to
goods, or
(c) an agent for the collection or the payment for the sale price of
goods, shall be deemed to be a dealer or as a guarantor for such
collection or payment;
(B) each of the following persons and bodies who disposes of any goods
including goods as unclaimed or confiscated or as unserviceable or as
scrap, surplus, old, obsolete or discarded material or waste products
whether by-auction or otherwise directly or through an agent for cash,
or for deferred payment, or for any other valuable consideration, shall,
notwithstanding anything contained in clause (5A) or any other
provisions of this Act, be deemed to be a dealer, namely :—
(a) Port Trusts;
(b) Municipal Corporations, Municipal Councils, Zilla Parishads
and other local authorities ;
9 of (c) Railway administration as defined under the * Indian Railways
1890. Act, 1890;
(d) Shipping, transport and construction companies;
(e) Air transport companies and Airlines ;
(f) Transporters, holding permit for transport vehicles granted
59 of under the Motor Vehicles Act, 1988 which are used or adapted to be
1988. used for hire or reward ;
(g) Maharashtra State Road Transport Corporation constituted
44 of under the Road Transport Corporations Act, 1950 ;
1950.

* See, now the Railways Act, 1989 (24 of 1989).

16 Maharashtra Municipal Corporations Act [1949 : LIX

(h) Customs Department of the Government of India administering

52 of
the Customs Act, 1962 ; 1962.
(i) Insurance and Financial Corporations, or Companies, and
Banking Companies;
(j) Advertising agencies;
(k) any other Corporation, Company, Body or Authority owned or
set-up by, or subject to administrative control of, the Central
Government or any State Government.
Exception.—(i) Any individual who imports goods for his exclusive
consumption or use and a department of State or Central Government
not engaged in business shall not be a dealer;
(ii) An agriculturist who sells exclusively agricultural produce grown
on the land cultivated by him personally, shall not be deemed to be a
dealer within the meaning of this clause ;]
1
[(16B) “Designated Officer” means an officer designated under sub-
section (1) of section 260;]
(17) “drain” includes a sewer, tunnel, pipe, ditch, gutter or channel and
any cistern, flush-tank, septic tank or other device for carrying-off or
treating sewage, offensive matter, polluted water, sullage, waste water, rain
water, or sub-soil water and any culvert, ventilation shaft or pipe or other
appliance or fitting connected therewith, and any ejectors, compressed air
mains, sealed sewage mains and special machinery or apparatus for raising,
collecting, expelling or removing sewage or offensive matter from any place ;
(18) “eating house” means any premises to which the public or any
sections of the public are admitted and where any kind of food is prepared
or supplied, for consumption on the premises or elsewhere, for the profit
or gain of any person owning or having an interest in or managing such
premises ;
(19) “essential services” means services in which any municipal officer,
servant or other person is employed by or on behalf of the Corporation and
which are specified in the rules ;
(20) “factory” means a factory as defined in the Factories Act, 1948 ; 63 of
1948.
(21) “filth” includes sewage, nightsoil and all offensive matter;
2
[(21A) “Finance Commission” means the Finance Commission
constituted in accordance with the provisions of article 243-I of the
Constitution of India;]
(22) “food” includes every article used for food or drink by man other
than drugs or water, and any article which ordinarily enters into or is used
in the composition or preparation of human food, and also include
confectionery, flavouring and colouring matter and spices and condiments;
(23) “form” means a form appended to the rules ;
(24) “frame building” means a building the external walls of which are
constructed of timber framing or iron framing and the stability of which
depends on such framing;
(25) “goods” includes animals;

1
Clause (16B) was inserted by Mah. 2 of 2012, s. 10.
2
Clause (21A) was inserted by Mah. 41 of 1994, s. 44(f).
1949 : LIX] Maharashtra Municipal Corporations Act 17

(26) “house-drain” means any drain of, and used for the drainage of, one
or more buildings or premises and made merely for the purpose of
communicating therefrom with a municipal drain ;
(27) “house-gully” or “service passage” means a passage or strip of land
constructed, set apart or utilised for the purpose of serving as a drain or of
affording access to a privy, urinal, cesspool or other receptacle for filthy or
polluted matter, to municipal servants or to persons employed in the
cleaning thereof or in the removal of such matter therefrom ;
(28) “hut” means any building which is constructed principally of wood,
mud, leaves, grass, cloth or thatch and includes any temporary structure
of whatever size or any small building of whatever material made which
the Corporation may declare to be hut for the purposes of this Act;
1
[(28A) “ importer ’’ means a person who brings or causes to be brought
any goods into the limits of the City from any place outside the area of the
City for use, consumption or sale therein ;]
(29) “the Judge” means in the 2[City of 3[Pune], the Judge of the Court of
Small Causes, and in any other City, the Civil Judge (Senior Division)
having jurisdiction in the City];
(30) “land” includes land which is being built upon or is built upon or covered
with water, benefits to arise out of land, things attached to the earth or
permanently fastened to anything attached to the earth and rights created by
legislative enactment over any street;
4
[(30A) “larger urban area” means an area specified as a larger urban area
in a notification issued under clause (2) of article 243-Q of the Constitution
of India or under the Act;]
(31) “licensed plumber”, “licensed surveyor”, “licensed architect”,
“licensed engineer”, “licensed structural designer” and “licensed clerk of
works”, respectively, means a person licensed by the Corporation as a
plumber, surveyor, architect, engineer, structural designer or a clerk of
works under this Act;
5
***
(32) “lodging house” means a building or part of a building where lodging
with or without board or other service is provided for a monetary
consideration;
(33) “market” includes any place where persons assemble for the sale
of, or for the purpose of exposing for sale, live-stock or food for live-stock
or meat, fish, fruit, vegetables, animals intended for human food or any other
articles of human food whatsoever with or without the consent of the owner
of such place, notwithstanding that there may be no common regulation of
the concourse of buyers and sellers and whether or not any control is
exercised over the business of or the persons frequenting the market by
the owner of the place or any other person ;

1
Clause (28A) was inserted by Mah. 3 of 1996, s. 2(d).
2
These words were substituted for the words “Cities of Ahmedabad and Poona” by the Maharashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3
This word was substituted for the word “Poona” by Mah. 6 of 1989, s. 2.
4
Clause (30A) was inserted by Mah. 41 of 1994, s. 44(g).
5
Clause (31A) was deleted by Mah. 42 of 2017, s. 32.
18 Maharashtra Municipal Corporations Act [1949 : LIX

(34) “masonry building” means any building other than a frame building
or a hut and includes any structure a substantial part of which is made of
masonry or of steel, iron or other metal ;
(35) “municipal drain” means a drain vested in the Corporation ;
(36) “municipal market” means a market vested in or managed by the
Corporation ;
(37) “municipal slaughter house” means a slaughter house vested in or
managed by the Corporation ;
(38) “municipal tax” means any impost levied under the provisions of
this Act;
(39) “municipal water-works” means water-works belonging to or vesting
in the Corporation ;
(40) “nuisance” includes any act, omission, place or thing which causes
or is likely to cause injury, danger, annoyance or offence to the sense of
sight, smell or hearing or which is or may be dangerous to life or injurious
to health or property ;
(41) “occupier” includes,—
(a) any person who for the time being is paying or is liable to pay to
the owner the rent or any portion of the rent of the land or building in
respect of which such rent is paid or is payable,
(b) an owner living in or otherwise using his land or building,
(c) a rent-free tenant,
(d) a licensee in occupation of any land or building, and
(e) any person who is liable to pay to the owner damages for the use
and occupation of any land or building;
1
***
(43) “ offensive matter “ includes animal carcasses, dung, dirt and putrid
or putrifying substances other than sewage ;
(44) “official year 2[or year]” means the year commencing on the first day
of April;
(45) “owner “ means,—
(a) when used with reference to any premises, the person who receives
the rent of the said premises, or who would be entitled to receive the
rent thereof if the premises were let and includes,—
(i) an agent or trustee who receives such rent on account of the
owner,
(ii) an agent or trustee who receives the rent of, or is entrusted with
or concerned for, any premises devoted to religious or charitable
purposes,

1
Clause (42) was deleted by Mah. 42 of 2017, s. 32.
2
These words were inserted by Mah.3 of 1996, s. 2(f ).
1949 : LIX] Maharashtra Municipal Corporations Act 19

(iii) a receiver, sequestrator or manager appointed by any Court of

competent jurisdiction to have the charge of, or to exercise the rights
of an owner of, the said premises, and
(iv) a mortgagee in possession ; and
(b) when used with reference to any animal, vehicle or boat, includes
the person for the time being in charge of the animal, vehicle or boat;
(46) “premises” includes messuages, buildings and lands of any tenure
whether open or enclosed, whether built on or not and whether public or
private ;
1
[(46A) “prescribed” means prescribed by rules ;]
(47) “private street” means a street which is not a public street;
(48) “privy” means a place set apart for defecating or urinating or both,
together with the structure comprising such place, the receptacle therein
for human excreta and fittings and apparatus, if any, connected therewith,
and includes a closet of the dry type, an aqua privy, a latrine and a urinal;
(49) “property tax” means a tax on buildings and lands in the City;
(50) “public place” includes any public park or garden or any ground to
which the public have or are permitted to have, access ;
(51) “ public securities” means,—
(a) securities of the Central Government or any 2[State] Government,
(b) securities, stocks, debentures or shares the interest whereon has
been guaranteed by the Central or the 2[State] Government,
(c) debentures or other securities for money issued by or on behalf of
any local authority in exercise of the powers conferred by any enactment
for the time being in force in any part of 3[the territory of India],
(d) securities expressly authorized by any order which the 2[State]
Government makes in this behalf ;
(52) “public street” means any street,—
(a) heretofore levelled, paved, metalled, channelled, sewered or
repaired out of municipal or other public fund, or
(b) which under the provisions of section 224 is declared to be, or under
any other provision of this Act becomes, a public street;
(53) “rack rent” means the amount of the annual rent for which the
premises with reference, to which the term is used might reasonably be
expected to let from year to year as ascertained for the purpose of fixing
the rateable value of such premises ;
1
Clause (46A) was inserted by Mah. 3 of 1996, s. 2(g).
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
This portion was substituted for the words “ the Dominion of India”, by the Adaptation of Laws
Order, 1950.

H 610—6
20 Maharashtra Municipal Corporations Act [1949 : LIX

(54) “rateable value” means the value of any building or land fixed in
accordance with the provisions of this Act and the rules for the purpose of
assessment to property taxes ;
1
[(54A) “registered dealer” means a dealer registered under section 152F;]
(55) “regulation” means a regulation made under section 465 ;
(56) (a) a person is deemed to “reside” in any dwelling which, or some
portion of which, he sometimes uses, whether interruptedly or not as a
sleeping apartment, and
(b) a person is not deemed to cease to “reside” in any such dwelling
merely because he is absent from it or has elsewhere another dwelling in
which he resides if there is the liberty of returning to it at any time and no
abandonment of the intention of returning to it;
(57) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass,
garden or stable refuse and refuse of any kind which is not offensive matter
or sewage;
(58) “rules” include rules in 2[Schedule D] and rules made under sections
454 and 456 ;
3
[(59) “Schedule “ means Schedule appended to this Act ;]
[(59A) “ scheduled bank” means a bank included in the Second Schedule 2 of
4

to the Reserve Bank of India Act, 1934 ;] 1934.

[(59B) “Scheduled Castes” means such castes, races or tribes or parts

5

of, or groups within, such castes, races or tribes as are deemed to be the
Scheduled Castes in relation to the State of Maharashtra under article 341
of the Constitution of India;
(59C) “Scheduled Tribes” means such tribes or tribal communities or parts
of, or groups within, such tribes or tribal communities as are deemed to be
the Scheduled Tribes in relation to the State of Maharashtra under article
342 of the Constitution of India;]
(60) “sewage” means night-soil and other contents of water closets,
latrines, privies, urinals, cesspools, or drains and polluted water from sinks,
bath-rooms, stables, cattle-sheds and other like places, and includes trade
effluent and discharges from manufactures of all kinds ;
(61) “special fund” means a fund constituted under section 91;
(62) “standing order” means an order made under section 466 ;
[(62A) “State Election Commission” means the State Election
6

Commission consisting of the State Election Commissioner appointed in

accordance with the provisions of clause (1) of article 243-K of the
Constitution of India ;]

1
Clause (54A) was inserted by Mah. 3 of 1996, s. 2(h).
2
This word and letter was substituted for the words “the Schedule” by Mah. 3 of 1996, s. 2(i).
3
Clause 59 was substituted by Mah. 3 of 1996, s. 2(j).
4
Clause (59A) was inserted by Bom. 10 of 1953, s. 2.
5
Clauses (59B) and (59C) were inserted by Mah. 41 of 1994, s. 44(h).
6
Clause (62A) was inserted, by Mah. 41 of 1994, s. 44(i).
1949 : LIX] Maharashtra Municipal Corporations Act 21

(63) “ street ” includes any highway, and any causeway, bridge, viaduct,
arch, road, lane, footway, sub-way, court, alley or riding path or passage,
whether a thoroughfare or not, over which the public have a right of passage
or access or have passed and had access uninterruptedly for a period of
twenty years, and when there is a footway as well as a carriage way in any
street, the said term, includes both ;

(64) “ sweetmeat shop ” means any premises or part of any premises

used for the manufacture, treatment or storage for sale, or for the sale,
wholesale or retail of any icecream, confections or sweetmeats whatsoever,
for whomsoever intended, and by whatsoever name the same may be known,
and whether the same be for consumption on or outside the premises ;

(65) “ theatre tax ” means a tax on amusements or entertainments ;

(66) “ trade effluent ” means any liquid either with or without particles
of matter in suspension therein, which is wholly or in part produced in the
course of any trade or industry carried on at trade premises, and in relation
to any trade premises, means any such liquid as aforesaid which is so
produced in the course of any trade or industry carried on at those premises,
but does not include domestic sewage ;

(67) “ trade premises ” means any premises used or intended to be used

for carrying on any trade or industry ;

(68) “ trade refuse ” means and includes the refuse of any trade,
manufacture or business ;

(69) “ Transport Manager ” means the Transport Manager of the

Transport Undertaking appointed under section 40 and includes an acting
Transport Manager appointed under section 41 ;

(70) “ Transport Undertaking ” means all undertakings acquired,

organised, constructed, maintained, extended, managed or conducted by
the Corporation for the purpose of providing mechanically propelled
transport facilities for the conveyance of the public and includes all movable
and immovable property and rights vested or vesting in the Corporation
for the purposes of every such undertaking ;
1
***

(71) “ vehicle ” includes a carriage, a cart, van, truck, hand-cart, bicycle,

tricycle, motor car, and every wheeled conveyance which is used or is
capable of being used on a street ;

[(71A) “ Wards Committee ” means a Wards Committee constituted

2

under section 29A of this Act;]

1
Clauses (70A), (70B) and (70C) were deleted by Mah. 42 of 2017, s. 32.
2
Clause (71A) was inserted by Mah. 41 of 1994, s. 44(j).

H 610—6a
22 Maharashtra Municipal Corporations Act [1949 : LIX

(72) “ water closet ” means a closet which has a separate fixed receptacle
connected to a drainage system and separate provision for flushing from a
supply of clean water either by the operation of mechanism or by automatic
action ;
(73) “ water-connection ” includes,—
(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a
private property and connected with a water-main or pipe belonging to
the Corporation ; and
(b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe,
meter or tap with such water-main or pipes ;
(74) “ water-course ” includes any river, stream, or channel whether
natural or artificial ;
(75) “ water for domestic purposes ” shall not include water for cattle,
or for horses, or for washing vehicles, when the cattle, horses or vehicles
are kept for sale or hire, or by a common carrier, and shall not include
water for any trade, manufacture or business, or for building purposes, or
for watering gardens, or for fountains or for any ornamental or mechanical
purposes ;
(76) “ water-work ” includes a lake, stream, spring, well, pump, reservior,
cistern, tank, duct, whether covered or open, sluice, mainpipe, culvert,
engine, water-truck, hydrant, stand-pipe, conduit, and machinery, land,
building or thing for supplying or used for supplying water or for protecting
sources of water supply.
2
[Specification 3. 1
[(1) The Corporation for every City constituted under this Act existing
of larger
urban areas on the date of coming into force of the Maharashtra Municipal Corporations Mah.
and and Municipal Councils (Amendment) Act, 1994, specified as a larger urban XLI of
constitution of 1994.
Corporations.] area in the notification issued in respect thereof under clause (1) of article
243-Q of the Constitution of India, shall be deemed to be a duly constituted
Municipal Corporation for the larger urban area so specified forming a City,
known by the name “ The Municipal Corporation of the City of ............... ”.
3
[ (1A) The Corporation of the City of Nagpur incorporated under the City C.P. and
Berar II
of Nagpur Corporation Act, 1948 for the larger urban area specified in the of 1950.
notification issued in this respect under clause (2) of article 243-Q of the
Constitution of India shall, on and from the date of coming into force of the
Bombay Provincial Municipal Corporations (Amendment) and the City of
Nagpur Corporation (Repeal) Act, 2011, be deemed to have been constituted Mah.
XXIII of
under this Act and accordingly the provisions of this Act shall apply to the 2012.
area of the City of Nagpur.]

1
Sub-sections (1), (2) and (2A) were substituted by Mah. 41 of 1994, s. 45(a).
2
This marginal note was substituted by Mah. 41 of 1994, s. 45(b)(iii).
3
This sub-section was inserted by Mah. 23 of 2012, s. 6.
1949 : LIX] Maharashtra Municipal Corporations Act 23

(2) Save as provided in sub-section (1), the State Government may, having
regard to the factors mentioned in clause (1) of article 243-Q of the
Constitution of India, specify by notification in the Official Gazette, any urban
area with a population of not less than three lakhs as a larger urban area.

(2A) Every larger urban area so specified by the State Government under
sub-section (2), shall form a City and there shall be a Municipal Corporation
for such larger urban area known by the name of the ‘‘ Municipal Corporation
of the City of .............”.]

(3) 1[(a) 2[Subject to the provision of sub-section (2), the State Government]
may also from time to time after consultation with the Corporation by
notification in the Official Gazette alter the limits specified for any city under
sub-section (1) or sub-section (2) so as to include therein or to exclude
therefrom, such area as is specified in the notification.]
3
[(b) Where any area is included within the limits of the 4[larger urban area]
under clause (a), any appointments, notifications, notices, taxes, orders,
schemes, licences, permissions, rules, by-laws or forms made, issued, imposed
or granted under this Act or any other law, which are for the time being in
force in the 5[larger urban area] shall, notwithstanding anything contained
in any other law for the time being in force but save as otherwise provided in
section 129A or any other provision of this Act, apply to and be in force in the
additional area also from the date that area is included in the 5[larger urban
area]].

(4) The power to issue a notification under this section shall be subject to
the conditions of previous publication :
6
[Provided that, where the population of any urban area, in respect of which
a Council has been constituted under the provisions of the Maharashtra
Mah. Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965,
XL of
1965. as per the latest census figures has exceeded three lakhs, the State
Government may, for the purpose of constituting a Corporation under this
Act for such urban area, with the same boundries, dispense with the condition
of previous publication of the notification under this section.]

3A. 7
* * * * * *
1
This sub-section was re-numbered as clause (a) by Mah. 29 of 1982, s. 6.
2
These words were substituted for the words “ The State Government ” by Mah. 41 of 1994, s.
45(b) (i).
3
This sub-clause was added to sub-section (3) by Mah. 29 of 1982, s. 6.
4
These words were substituted for the word “ City ” by Mah. 41 of 1994, s. 41(b)(ii).
5
These words were substituted for the word “ City ” by Mah. 41 of 1994, s. 41(b)(iii).
6
This proviso was added by Mah. 42 of 2011, s.2.
7
Section 3A was deleted by Mah. 41 of 1994, s. 46.
24 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER II.
CONSTITUTION.
Municipal Authorities.
Municipal 4. (1) The municipal authorities charged with carrying out the
authorities
charged with provisions of this Act are for each City,
execution of (A) a Corporation ;
the Act.
(B) a Standing Committee ;
1
[(BA) Wards Committees ;
(BB) a Mayor ; and]
(C) a Municipal Commissioner ;
and, in the event of the Corporation establishing or acquiring a Transport
Undertaking,
(D) a Transport Committee ;
(E) a Transport Manager.
(2) The duties imposed on the Corporation in respect of primary
education shall be performed in accordance with the provisions of the
*Bombay Primary Education Act, 1947, and for the purposes of the said Bom.
LXI of
Act the Corporation shall be deemed to be an authorised municipality 1947.
within the meaning of the said Act with power to control all approved
schools within the City, and to appoint an Administrative Officer.
Constitution 5. (1) Every Corporation shall, by the name of the “ The Municipal
of
Corporation.
Corporation of the City of .................”, be a body corporate and have perpetual
succession and a common seal and by such name may sue and be sued.
2
[(2) Each Corporation shall consist of,—
(a) such number of councillors, elected directly at ward elections,
as is specified in the table below :—
TABLE

Population Number of Councillors

(1) (2)
(i) Above 3 lakhs and upto The minimum number of elected
6 lakhs. councillors shall be 65.
For every additional population of
15,000 above 3 lakhs, one additional
councillor shall be provided, so
however that the maximum number of
elected councillors shall not exceed 85.

1
Clauses (BA) and (BB) were substituted by Mah. 7 of 2009, s. 5.
2
Sub-clause (2) was substituted by Mah. 41 of 1994, s. 48(a).
* Now, the short title has been amended as “the Maharashtra Primary Education Act (LXI of 1947)”
by Mah. 24 of 2012, ss. 2 and 3, Schedule, entry 28, with effect from the 1st May 1960.
1949 : LIX] Maharashtra Municipal Corporations Act 25

(1) (2)

(ii) Above 6 lakhs and The minimum number of elected

upto 12 lakhs. councillors shall be 85.
For every additional population of 20,000 above
6 lakhs, one additional Councillor shall be
provided, so however that the maximum number
of elected Councillors shall not exceed 115.
(iii) Above 12 lakhs and The minimum number of elected
upto 24 lakhs. councillors shall be 115.
For every additional population of 40,000 above
12 lakhs, one additional Councillor shall be
provided, so however that the maximum
number of elected Councillors 1[shall not exceed
151.].
2
[(iv) Above 24 lakhs The minimum number of elected Councillors
and upto 30 lakhs shall be 151.
For every additional population of 50,000 above
24 lakhs, one additional Councillor shall be
provided, so however that the maximum number
of elected Councillors shall not exceed 161.
(v) Above 30 lakhs The minimum number of elected Councillors
shall be 161.
For every additional population of 1 lakh above
30 lakhs, one additional Councillor shall be
provided, so however that the maximum number
of elected Councillors shall not exceed 175.].
(b) such number of nominated councillors not exceeding five, having
special knowledge or experience in Municipal Administration to be
nominated by the Corporation in such manner as may be prescribed].
(3) The 3[State Election Commissioner] shall, from time to time, by
notification in the Official Gazette, specify for each City the number and
boundaries of the wards into which such City shall be divided for the purpose
of the ward election of councillor 4[so that as far as practicable, all wards
shall be compact areas and the number of persons in each ward according to
the latest census figures shall approximately be the same.] Each of the wards
shall 5[elect only one Councillor ;]
6
[Explanation.—For the purposes of this Act, the expression “latest
census figures” obtaining in sub-section (3), shall mean,—
1
These words and figures were substituted for the words and figures “ shall not exceed
145. ”, by Mah. 10 of 2017, s. 2 (a).
2
Entries (iv) and (v) were substituted for entry (iv) by Mah. 10 of 2017, s. 2 (b).
3
These words were substituted for the words “State Government” by Mah. 41 of 1994,
s. 48(b)(i).
4
These words were substituted for the portion beginning with the words “each ward shall
elect not less than three” and ending with the words “shall approximately be the same”
by Mah. 16 of 2004, s. 2.
5
These words were substituted for the words “elect as far as possible two councillors but
not less than two and not more than three Councillors, and each voter shall, notwithstanding
anything contained in this Act, be entitled to cast the same number of votes, as the number
of Councillors to be elected in his ward ” by Mah. 10 of 2015, s. 2.
6
This Explanation was inserted by Mah. 8 of 2003, s. 5(ii).
26 Maharashtra Municipal Corporations Act [1949 : LIX

(a) the figures of the latest census finally published and pending
publication of final figures of the latest census shall mean the provisional
figures published of such census ; and
(b) where the relevant final or provisional figures of the latest
census are not available, the final relevant figures of the census
immediately preceding the latest census :]
1
[Provided that, after the commencement of the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Amendment) Act, 2016, in respect of the general Mah. IX
elections to the Corporation, each of the wards shall elect as far as possible of 2017.
four Councillors but not less than three and not more than five Councillors,
and each voter shall, notwithstanding anything contained in this Act, be
entitled to cast the same number of votes, as the number of Councillors to be
elected in his ward :]
[ [Provided further that], no notification issued under sub-section (3),
2 3

whether before or after the commencement of the Maharashtra Municipal Mah. XI

Corporations, Municipal Councils, Nagar Panchayats and Industrial of 1996.
Townships (Third Amendment) Act, 1995, shall have effect except for the
general election held next after the date thereof and for subsequent
elections :]
4
* * * * * *
5
* * * * * *
6
[Provided also that before any notification is issued under sub-section
(3), a draft thereof shall be published in the Official Gazette, and in such
other manner as in the opinion of the 7[State Election Commissioner] is best
calculated to bring the information to the notice of all persons likely to be
affected thereby, together, with a notice specifying the date on or before
which any objections or suggestions will be received, and the date after which
the draft will be taken into consideration.]
8
[(4) Notwithstanding anything contained in sub-section (3) or any other
provisions of this Act, where the area of a City has been extended after the
General Elections, an election to provide for representation to the people of
the extended area may be held as soon as practicable, and the provisions of
sub-section (3) shall, mutatis mutandis, apply to such election :
Provided that, the total number of wards in the city including the wards
newly constituted for the extended area under this sub-section shall not
exceed the number of electoral wards specified in the Table in clause (a) of
sub-section (2) :
Provided further that, the population of the wards newly constituted
under this sub-section may marginally exceed or be below the average
population of the other wards :
Provided also that, the terms of the Councillors elected from the wards
newly constituted under this sub-section shall be co-terminus with the term
of the Corporation.
(5) No elections under sub-section (4) shall be held if the remainder of
the tenure of the Corporation is less than one year.]
1
This proviso was inserted by Mah. 9 of 2017, s. 2 (a).
2
This proviso was substituted for the existing first proviso by Mah. 11 of 1996, s. 41.
3
These words were substituted for the words ‘‘ Provided that ’’ by Mah. 9 of 2017,
s. 2 (b).
4
The second proviso was deleted by Mah. 41 of 1994, s. 48 (b)(iii).
5
The Explanation and the third proviso were deleted, by Mah. 41 of 1994, s. 48(b)(iv).
6
This proviso was added by Mah. 26 of 1967, s. 2(b)(iii).
7
These words were substituted for the words ‘‘ State Government’’ by Mah. 41 of 1994,
s. 48 (b) (i).
8
Sub-sections (4) and (5) were added by Mah. 11 of 2002, s. 33.
1949 : LIX] Maharashtra Municipal Corporations Act 27

[5A. (1) (a) In the seats to be filled in by election in a Corporation, there Reservation
1

shall be seats reserved for persons belonging to the Scheduled Castes, of seats.
Scheduled Tribes, Backward Class of citizens and women, as may be determined
by the State Election Commissioner, in the prescribed manner ;
(b) the seats to be reserved for the persons belonging to the Scheduled
Castes and the Scheduled Tribes in a Corporation shall bear, as nearly as
may be, the same proportion to the total number of seats to be filled in by
direct election in the Corporation as the population of the Scheduled Castes
or, as the case may be, the Scheduled Tribes in that Corporation area bears
to the total population of that area and such seats shall be allotted by rotation
to different electoral wards in a Corporation :
Provided that, 2[one-half] of the total number of seats so reserved shall
be reserved for women belonging to the Scheduled Castes or, as the case may
be, the Scheduled Tribes :
Provided further that, where only one seat is reserved for the Scheduled
Castes, or as the case may be, the Scheduled Tribes, then no seat shall be
reserved for women belonging to the Scheduled Castes, or as the case may
be, the Scheduled Tribes 3* *.
(c) the number of seats to be reserved for persons belonging to the
category of Backward Class of citizens shall be twenty-seven per cent. of the
total number of seats to be filled in by election in a Corporation and such
seats shall be allotted by rotation to different electoral wards in a Corporation ;
Provided that, 4[one-half] of the total number of seats so reserved shall
be reserved for women belonging to the category of Backward Class of citizens.
(d) 5 [one-half] (including the number of seats reserved for women
belonging to the Scheduled Castes, Scheduled Tribes and the category of
Backward Class of citizens) of the total number of seats to be filled in by
direct election in a Corporation shall be reserved for women and such seats
shall be allotted by rotation to different electoral wards in a Corporation :
[(e) Notwithstanding anything contained in clauses (a) to (d), the State
6

Election Commissioner may, by an order, issue instructions for rotation of

wards reserved for the Scheduled Castes, Scheduled Tribes, Backward Class
of citizens and women in Corporations where the number of wards have
changed after the general elections for whatever reasons.]
(2) The reservation of seats (other than the reservation for women) under
clause (b) of sub-section (1), shall cease to have effect on the expiration of the
period specified in article 334 of the Constitution of India.]

1
Section 5A was inserted by Mah. 41 of 1994, s. 49.
2
These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 3(1)(a).
3
The words “ and where only two seats are reserved for the Scheduled Castes, or as the case
may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging
to Scheduled Castes, or as the case may be, the Scheduled Tribes ” were deleted by Mah.
20 of 2011, s. 3(1)(b).
4
These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 3(2).
5
These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 3(3).
6
This clause was added by Mah. 11 of 2002, s. 34.
H 610—7
28 Maharashtra Municipal Corporations Act [1949 : LIX

Person 1
[5B. Every person desirous of contesting election to a seat reserved
contesting for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward
election for Class of citizens, shall be required to submit, alongwith the nomination paper,
reserved seat Caste Certificate issued by the Competent Authority and the Validity
to submit Certificate issued by the Scrutiny Committee in accordance with the
Caste provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De- Mah.
Certificate
notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes XXIII of
and Validity
and Special Backward Category (Regulation of Issuance and Verification of ) 2001.
Certificate.
Caste Certificate Act, 2000.]
2
* * *
[ [Provided that, for the General or bye-elections for which the last
3 4

date of filing of nomination falls during the period commencing on the date
of commencement of the Mumbai Municipal Corporation, the Maharashtra Mah.
Municipal Corporations and the Maharashtra Municipal Councils, Nagar XXI of
panchayats and Industrial Townships (Amendment) Act, 2018 and ending on 2018.
the 30th June 2019, in accordance with the election programme declared by
the State Election Commission, a person who has applied to the Scrutiny
Committee for the verification of his Caste Certificate before the date of
filling the nomination papers but who has not received the validity certificate
on the date of filing of the nomination papers shall submit, alongwith the
nomination papers,—
(i) a true copy of the application preferred by him to the Scrutiny
Committee for issuance of the validity certificate or any other proof of
having made such application to the Scrutiny Committee ; and
(ii) an undertaking that he shall submit, within a period of six
months from the date of his election, the validity certificate issued by
the Scrutiny Committee :]
Provided further that, if the person fails to produce the validity
certificate within a period of six months from the date of his election, his
election shall be deemed to have been terminated retrospectively and he
shall be disqualified for being a Councillor.]
Duration of
5
[6. (1) Every Corporation unless sooner dissolved shall continue for
Corporation. a period of five years from the date appointed for its first meeting and no
longer.
(2) A Corporation constituted upon the dissolution of a Corporation
before the expiration of its duration shall continue for the remainder of the
period for which the dissolved Corporation would have continued under sub-
section (1) had it not been so dissolved.]
Term of office 6
[6A. The term of office of the Counillors shall be co-terminus with the
of Councillors. duration of the Corporation.
Election to 6B. An election to constitute a Corporation shall be completed,—
constitute a (a) before the expiry of its duration specified in sub-section (1) of section
Corporation. 6 ; or
(b) before the expiration of a period of six months from the date of its
dissolution :
Provided that, where the remainder of the period for which the dissolved
Corporation would have continued is less than six months, it shall not be
necessary to hold any election under this section for constituting the
Corporation for such period.]
Resignation of 7. Any Councillor may resign his office at any time by notice in writing
office by to the Commissioner and, on such notice being given, his office shall become
Councillor.
vacant as from the date of the notice.
7-A1. 7 * * * * * *
1
Section 5B was inserted by Mah. 35 of 2006, s. 4.
2
Provisos were deleted by Mah. 13 of 2008, s. 3.
3
These provisos were added by Mah. 13 of 2015, s. 4.
4
This proviso was substituted by Mah. 21 of 2018, s. 4.
5
Section 6 was substituted by Mah. 41 of 1994, s. 50.
6
Sections 6A and 6B were inserted by Mah. 41 of 1994, s. 51.
7
Section 7-A1 was deleted by Mah. 41 of 1994, s. 52.
1949 : LIX] Maharashtra Municipal Corporations Act 29

Municipal Election Roll.

[7A. The Assembly roll for the time being in force, on such date as the Preparation of
1

State Election Commissioner may, by general or special order notify, shall Municipal
be divided by the State Election Commissioner into different sections Election roll.
corresponding to the different wards in the City, and a printed copy of each
section of the roll so divided and authenticated by the State Election
Commissioner or an officer authorised by him, shall be the ward roll for each
ward.]
2
[7AA. * * * * * *
7AAA. * * * * * * ]
[7B. Every person whose name is included in any ward roll shall be Enrolment in
3

deemed to be enrolled in the municipal elelction roll.] municipal

election roll.
Qualifications and disqualifications of voters and councillors.
[8. Every person whose name is 5[in a ward roll,] shall be deemed to Persons
4

be entitled to vote at the ward election, and every person whose name is not qualified to
vote.
in the said roll shall be deemed to be not entitled so to vote.]
[8A. The voting at an election shall be by ballot or by electronic voting Manner of
6

machine and no votes shall be received by proxy.] voting.

9. (1) Subject to the provisions of this Act, 7[a person who 8[is not less Qualification
than twenty-one years of age on the last date fixed for making nominations for election as
for any general election or bye-election and] is enrolled in the municipal councillor.
election roll as a voter for award] shall be qualified to be a councillor and to
be elected either from such ward or from any other ward.
(2) Any person who ceases to be a councillor shall, if qualified under
sub-section (1), be eligible for re-election as such.
10. (1) Subject to the provisions of sections 13, 9* and 404, a person Disqualifica-
shall be disqualified for being elected and for being a councillor, if such tion for being
a councillor.
person—
Mah. [(ai) has, at any time after the commencement of section 5 of the
10
XIII of
1971.
Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted
of an offence punishable under section 153A or sub-section (2) or (3) of section
45 of
1860. 505 of the Indian Penal Code :
Provided that, such disqualification shall be for a period of six years
from the date of such conviction ; ]
11
[(aii) has been so disqualified by or under any law–
(i) for the time being in force for the purpose of elections to the
Legislature of the State :
1
Section 7A was substituted by Mah. 11 of 1996, s. 5.
2
Section 7AA and 7AAA were deleted by Mah. 11 of 1996, s. 6.
3
Section 7B was substituted by Mah. 53 of 1973, s. 7.
4
Section 8 was substituted for the original by Mah. 34 of 1965, s. 5.
5
These words were substituted by Mah. 20 of 1980, s. 8.
6
This section was inserted by Mah. 5 of 2005, s. 3.
7
These words were substituted by Mah. 20 of 1980, s. 9.
8
These words were inserted by Mah. 12 of 1990, s. 7.
9
The figures “17” were deleted by Mah. 34 of 1965, s. 4.
10
Clause (ai) was inserted by Mah. 13 of 1971, s. 5.
11
Clauses (aii) and (a) were substituted for clause (a) by Mah. 41 of 1994, s. 55.
H 610—7a
30 Maharashtra Municipal Corporations Act [1949 : LIX

Provided that, no person shall be disqualified on the ground that he is

less than twenty-five years of age, if has attained the age of twenty-one
years ;
(ii) made by the Legislature of the State of Maharashtra; or
(a) has been convicted by a Court in India of any offence involving moral
turpitude, unless a period of six years has elapsed since the date of such
conviction ; or]
(b) is an undischarged insolvent;
(c) holds the office of Commissioner or any other office or place of profit
under the Corporation ;
(d) is a licensed surveyor, architect or engineer, structural designer, clerk
of works or plumber or a member of a firm of which any such licensed person
is a member ;
(e) holds any judicial office with jurisdiction within the limits of the City;
(f) subject to the provisions of sub-section (2), has directly or indirectly
by himself or his partner any share or interest in any contract or employment
with, by or on behalf of the Corporation ;
(g) having been elected a councillor is retained or employed in any
professional capacity either personally or in the name of a firm in which he
is a partner or with whom he is engaged in a professional capacity in
connection with any cause or proceeding in which the Corporation or the
Commissioner or the Trnasport Manager is interested or concerned ; or
(h) fails to pay arrears of any kind due to the Corporation by him
otherwise than as a trustee within three months after a special notice in this
behalf has been served on him by the Commissioner ;
1
[(i) has more than two children:
Provided that, a person having more than two children on the date of
commencement of the Maharashtra Municipal Corporations and Municipal Mah.
Councils, Nagar Panchayats and Industrial Townships (Second Amendment) XLIII of
Act, 1995 (hereinafter in this clause referred to as “ the date of such 2000.
commencement”), shall not be disqualified under this clause so long as the
number of children he had on the date of such commencement does not
increase :
Provided further that, a child or more than one child born in a single
delivery within the period of one year from the date of such commencement
shall not be taken into consideration for the purpose of disqualification
mentioned in this clause.
Explanation.—For the purposes of this clause,—
(i) where a couple has only one child on or after the date of such com-
mencement, any number of children born out of a single subsequent de-
livery shall be deemed to be one entity;
(ii) ‘‘child’’ does not include an adopted child or children ;]
2
[(j) is a Member of the State Legislature or of Parliament :
Provided that, nothing in this clause shall affect the membership of a
sitting Councillor till the expiry of his current term of office as such
Councillor :
Provided further that, any action, taken by such Councillor during the
period from the 7th October 2001 till the 20th October 2001, being the date of
publication of the Maharashtra Municipal Corporations and Municipal Mah.
Councils (Amendment) (Amendment) Ordinance, 2001, shall be deemed to Ord.
have been validly taken and shall not be challenged in any court of law only XXXI of
on the ground that during the said period he had incurred disqualification 2001.
under this clause ;]
1
Clause (i) was added by Mah. 43 of 2000, s. 3.
2
Clause (j) was inserted by Mah. 8 of 2002, s. 6.
1949 : LIX] Maharashtra Municipal Corporations Act 31
1
[(k) he has failed to submit to the Corporation a certificate of the
2
Ward Officer of the concerned corporation [or a self-certificate by such
person], certifying that,—
(i) resides in a house owned by him and has a toilet in such house
and he regularly uses such toilet ; or
(ii) he resides in a house not owned by him and has a toilet in such
house and he regularly uses it or he has no such toilet but regularly uses
the community or public toilet :
Provided that, no Councillor on the date of commencement of the
Mah. Maharashtra Municipal Corporations and the Maharashtra Municipal
XIX of Councils, Nagar Panchayats and Industrial Townships (Fourth Amendment)
2016. Act, 2015, shall be disqualified under this clause, if he submits such certificate,
within a period of one hundred eighty days from the date of such
commencement :
Provided further that, if the Ward Officer fails to take the decision in
respect of such application within a period of thirty days from the date of
receipt of the application ; the application shall be deemed to have been
granted and the Ward Officer shall issue such certificate accordingly.]
3
[(1-1A) If, a Councillor or a peson is found to be guilty of misconduct in
the discharge of his official duties, or of any disgraceful conduct while holding
or while he was holding the office of the Mayor or, as the case may be, the
Deputy Mayor, the State Government may, after giving such Councillor or
person a reasonable opprotunity of being heard,—
(a) disqualify such Councillor to continue as a Councillor for the
reminder of his term of office as a Councillor ; and also for being elected
as a Councillor for a period of six years from the date of order of such
disqualification ;
(b) disqualify such person for being elected as a Councillor for a period
of six years from the date of order of such disqualification.]
[(1A) A person shall be disqualified for being a Councillor, if such person
4

has, at any time during the term of his office, become disqualified, under the
Mah. XX Maharashtra Local Authority Members’ Disqualification Act, 1986 for being
of 1987. a Councillor.]
5 6
[ * * *
[(1B) (a) A person person shall be disqualified for being a Councillor, or
7

for contesting an election for being elected as a councillor, for a period of six
years, if, an order is passed by the concerned authority, under section 12 or,
as the case may be, section 16, holding that such person was elected as a
Councillor to a seat which was reserved for a member belonging to a
Scheduled Caste, a Scheduled Tribe or a Backward Class of Citizens
(hereinafter referred to as “ a reserved category ”) on the basis of false claim
or a false Caste Certificate declaring that such person belonged to such
reserved category.
(b) Such period of disqualification shall be computed with effect from
the date of passing of such order by the concerned authority.
(1C) (a) Notwithstanding anything contained in sub-section (1B), a
Concillor who has been elected to a reserved seat as mentioned in sub-section
(1B), shall be disqualified for being such Councillor consequent upon the
concerned Scrutiny Committee constituted under sub-section (1) of section 6
of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified (Vimukta
1
Clause (k) was added by Mah. 19 of 2016, s. 3.
2
These words were inserted by Mah. 52 of 2017, s. 3.
3
Sub-section (1-1A) was inserted by Mah. 32 of 2011, s. 16.
4
Sub-section (1A) was inserted by Mah. 20 of 1987, s. 11, Sch.
5
Sub-sections (1B), (1C) and (1D) were inserted by Mah. 11 of 2002, s. 35.
6
Sub-sections (1B) and (1C) were deleted by Mah. 35 of 2006, s. 5.
7
Sub-sections (1B) and (1C) were inserted by Mah. 43 of 2015, s. 3.
32 Maharashtra Municipal Corporations Act [1949 : LIX

Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Mah.
Category (Regulation of Issuance and Vertification of) Caste Certificate Act, XXIII of
2000 or any other competent authority specified by the State Government 2001.
for the purpose of scrutiny of the Caste Certificates, declaring the Caste
Certificate of such Councillor to be invalid and cancelleing the same, on the
ground of the same having been based on a false claim or declaration made
by such person claiming to be belonging to the reserved category, and
thereupon the Councillor shall be deemed to have vacated his office on and
from the date of declaration of such Certificate to be invalid and cancellation
of the same by the said Scrutiy Committee or by the competent authority.
(b) On any person having been disqualified for being a Councillor and
consequently, his seat as such Councillor having become vacant under clause
(a), the State Government shall, by notification in the Official Gazette,
disqualify such person for being elected or being a Councillor for a period of
six years from the date of such order.]
(1D) A Councillor shall be disqualified for being a Councillor, if such
Councillor has constructed or constructs by himself, his spouse or his
dependent, any illegal or unauthorised structure violationg the provisions
of this Act or the Maharashtra Regional and Town Planning Act, 1966 or the Mah.
rules or bye-laws framed under the said Acts ; or has directly or indirectly XXXVII
been responsible for, or helped in his capacity as such Councillor in, carrying of 1966.
out such illegal or unauthorised construction or has by written communication
or physically obstructed or tried to obstruct, any Competent Authority from
discharging its official duty in demolishing any illegal or unauthorised
structure. Such disqualification shall be for the reminder of his term as a
Councillor from the date of the declaration of such structure to be illegal or
unauthorised by the concerned authority under the provisions of the said
Acts or, as the case may be, from the date of commission of the act of
interference or obstruction by the Councillor against the Competent
Authority.]
1
[(1E) If the State Election Commission is satisfied that a person,—
(a) has failed to lodge an account of election expenses within the
time and in the manner required by the State Election Commission, and
(b) has no good reason or justification for such failure,
the State Election Commission may, by order published in the Official
Gazette, declare him to be disqualified and such person shall be
disqualified for being a Councillor or for contesting an election for being
a Councillor for a period of three years from the date of the order.
(1F) The State Election Commission may, for reasons to be recorded,
remove any disqualification under sub-section (1E) or reduce the period of
any such disqualification.]
(2) A person shall not be deemed to have incurred disqualification under
clause (f) of sub-section (1) by reason only of his,—
(a) receiving a municipal pension ;
2
[(aa) any relation being employed with by or on behalf of the
Corporation, as an officer or servant thereof ;]
(b) having any share or interest in any lease, sale, exchange or
purchase of land or any agreement for the same,—
(i) any lease, sale, exchange or purchase of land or any agree-
ment for the same ;
(ii) any agreement for the loan of money or any security for
the payment of money only ;
(iii) any newspaper in which any advertisement relating to the
affairs of the Corporation is inserted ;
1
Sub-sections (1E) and (1F) were inserted by Mah. 12 of 2008, s. 3.
2
Clause (aa) was inserted by Mah. 35 of 1967, s. 4.
1949 : LIX] Maharashtra Municipal Corporations Act 33

(iv) any joint stock company or any society registered or

deemed to be registered under the Bombay Co-operative Societies
Act, 1925* which shall contract with or be employed by the Com-
missioner or the Transport Manager on behalf of the Corporation ;
(v) the occassional sale to the Comissioner or Transport Man-
ager on behalf of the Corporation of any article in which he regu-
larly trades to a value not exceeding in the aggregate in any one
official year two thousand rupees ; or
(vi) the occassional letting out on hire to the Corporation or in
the hiring from the Corporation of any article for an amount not
exceeding in the aggregate in any one official year five hundred
rupees ;
(c) occupying as a tenant for the purpose of residence any premises
belonging to the Corporation ; or
(d) receiving conveyance charges as a member of the Transport
Committee.
11. A Councillor shall cease to hold office as such if at any time during Disabilities
his term of office he— from
continuing as
(a) becomes disqualified for being a Councillor by reason of the
Councillor.
provisions of section 10 ;
(b) absents himself during three successive months from the
meetings of the Corporation, except from temporary illness or other
cause to be approved by the Corporation ;
(c) absents himself from, or is unable to attend, the meetings of the
Corporation during six successive months from any cause whatever,
whether approved by the Corporation or not ;
(d) acts as a Councillor or as a member of any committee of the
Corporation by voting on, or taking part in the discussion of, or asking
any question concerning, any matter in which he has directly or indirectly
by himself or his partner any such share or interest as is described in
clause (b) of sub-section (2) of section 10 or in which he is professionally
interested on behalf of a client, principal or other person.
12. (1) If any doubt or dispute arises whether a Councillor has ceased Questions as
to hold office as such under section 11, such Councillor or any other Councillor to disqualifi-
cation to be
may, and at the request of the Corporation, the Commissioner shall, refer determined
the question to the Judge. by the Judge.
(2) On a reference being made to the Judge under sub-section (1), such
Councillor shall not be deemed to be disqualified until the Judge after holding
an inquiry in the manner provided by or under this Act determines that he
has ceased to hold office.
[13. (1) (a) The State Government may, on its own motion or on the
1
Liability of
recommendation of the Corporation, remove any Councillor from office, if Councillors to
such Councillor has been guilty of any misconduct in the discharge of his removal from
office.
duties, or of any disgraceful conduct, during his current term of office or
immediately preceding term of office as a Councillor.
(b) The State Government may, on the recommendation of the
Corporation supported by the vote of not less than three-fourths of the whole
number of Councillors, remove any Councillor from office, if such Councillor
has, in the opinion of the State Government, become incapable of performing
his duties as a Councillor.
* See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).
1
Section 13 was substituted by Mah. 3 of 2008, s. 4.
34 Maharashtra Municipal Corporations Act [1949 : LIX

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

purposes of sub-section (1) shall be passed by a Corporation and no order
shall be made by the State Government, unless the Councillor to whom it
relates has been given a reasonable opportunity of showing cause why such
recommendation or order, as the case may be, should not be made :
Provided that, no order of removal of councillor shall be made by the
State Government on its own motion, unless the Corporation is given one
month’s time for taking necessary action in the matter.
(3) In every case in which the State Government makes an order under
sub-section (1), the Councillor shall be disqualified for being a Councillor, or
from becoming a Councillor, or a Councillor or member of any other local
authority, for a period of five years from such date as may be specified in
such order, unless the State Government relieves him of the disqualification
by an order which it is hereby empowered to make.
(4) If any doubt or dispute arises as to the removal and disqualification
of a Councillor under this section, such Councillor may, and at the request of
the Corporation, the Commissioner may, make reference to the Judge.]

Election of Councillors.
State Election [14. (1) The superintendence, direction and control of the preparation
1

Commission. of electoral rolls for, and the conduct of, all elections to the Corporations
shall vest in the State Election Commissioner.
(2) The State Election Commissioner may by order, delegate any of his
powers and functions to any officer of the State Election Commission or any
officer of the State Government not below the rank of Deputy Collector or
any officer of the Corporation not below the rank of the Assistant Municipal
Commissioner.
(3) All the officers and members of the staff appointed or deployed for
preparation of electoral rolls and conduct of election of Corporations under
this Act or the rules shall function under the superintendence, direction and
control of the State Election Commissioner.
(4) Notwithstanding anything contained in this Act and the rules, the
State Election Commissioner may issue such special or general orders
or directions which may not be inconsistent with the provisions of the
Act and the rules for fair and free elections.]
Power of State [14A. The State Election Commissioner may, with a view to prevent
2
Election
Commissioner impersonation of electors at the time of election, issue such directions, as he
to issue thinks fit to the presiding officers and such directions may include instructing
directions to
prevent the electors to produce, at the time of polling, the photo identity cards issued 43 of
impersonation. to them under the provisions of the Representation of the Peoples Act, 1951.] 1951.
Casual 15. (1) In the event of non-acceptance of office by a person elected
vacancies how
to be a Councillor, or of the death, resignation, disqualification or removal
to be filled.
of a Councillor during his term of office, there shall be deemed to be a
casual vacancy in the office, and such vacancy shall be filled as soon as
conveniently may be, 3 * * * * * by the election of a person thereto,
who shall hold office so long only as the councillor in whose place he is elected
would have been entitled to hold it if the vacancy had not occurred :
1
Section 14 was substituted by Mah. 41 of 1994, s. 56.
2
New section 14A was inserted by Mah. 44 of 1994, s. 5.
3
The portion beginning with the words “and, in any case” and ending with the words “as occurred” was
deleted by Mah. 41 of 1994, s. 57(a).
1949 : LIX] Maharashtra Municipal Corporations Act 35

Provided that, no election shall be held for the filling of a casual vacancy
if general elections are due to be held within six months of the occurrence
of the vacancy 1 * * * * *.
2
* * * * * *
(2) The provisions of section 18 shall apply to an election held for the
filling of a casual vacancy.
16. (1) If the qualification of any person declared to be elected a Election
Councillor is disputed, or if the validity of any election is questioned, petitions.
whether by reason of the improper rejection by the 3 [State Election
Commissioner] of a nomination, or of the improper reception or refusal
of a vote, or by reason of a material irregularity in the election proceedings,
corrupt practice, or any other thing materially affecting the result of the
election, any person enrolled in the municipal election roll may, at any time
within ten days after the result of the election has been declared, submit an
application to the Judge for the determination of the dispute or question.
(2) The 4[State Election Commissioner] may, if it has reason to believe
that an election has not been a free election by reason of the large number of
cases in which undue influence or bribery has been exercised or committed
by order in writing, authorise any officer 5[of the Commission] to make an
application to the Judge at any time within one month after the result of the
election has been declared for declaration that the election of the returned
candidate or candidates is void.
[(2A) No election to any Corporation shall be called in question except
6

by an election petition presented to the Judge referred to in sub-section (1)

and no Judge other than the Judge referred to in sub-section (1) shall entertain
any dispute in respect of such election.]
(3) The Judge shall decide the applications made under sub-section
(1) or (2) after holding an inquiry in the manner provided by or under
this Act.
Explanations.—For the purposes of this section—
(1) “corrupt practice” means one of the following practices, namely:—
(a) any gift, offer or promise by a candidate or his agent or by
any person with the connivance of a candidate or his agent of any
gratification, pecuniary or otherwise, to any person whomsoever,
with the object, directly or indirectly of inducing a person to stand
or not to stand as, or to withdraw from being, a candidate at an
election or a voter to vote or refrain from voting at an election or as
a reward to a person for having so stood or not stood or for having
withdrawn his candidature or a voter for having voted or refrained
from voting ;
1
The words “ or as the case may be of the expiry of the date referred to in the second proviso ”
were deleted, by Mah. 41 of 1994, s. 57(b).
2
The second proviso was deleted by Mah. 41 of 1994, s. 57(c).
3
These words were substituted for the word “Commissioner” by Mah. 41 of 1994, s. 58(a).
4
These words were substituted for the words “State Government” by Mah. 41 of 1994, s. 58(b)(i).
5
These words were inserted, by Mah. 41 of 1994, s. 58 (b) (ii).
6
Clause (2A) were inserted, by Mah. 41 of 1994, s. 58 (c).
H 610—8
36 Maharashtra Municipal Corporations Act [1949 : LIX

(b) any direct or indirect interference or attempt to interfere

on the part of a candidate or his agent or of any other person with
the connivance of the candidate or his agent with the free exercise
of any electoral right, including the use of threats of injury of any
kind or the creation or attempt to create fear of divine displeasure
or spiritual censure, but not including a declaration of public policy
or a promise of public action or the mere exercise of a legal right
without intent to interfere with a legal right;
(c) the procuring or abetting or attempting to procure by a can-
didate or his agent or by any other person with the connivance of a
candidate or his agent, the application by a person for a voting
paper in the name of any other person whether living or dead or in
a fictitious name or by a person for a voting paper in his own name
when, by reason of the fact that he has already voted in the same or
some other ward, he is not entitled to vote;
(d) the removal of a voting paper from the polling station dur-
ing polling hours by any person with the connivance of a candidate
or his agent;
(e) the publication by a candidate or his agent or by any other
person with the connivance of the candidate or his agent of any
statement of fact which is false, and which he either believes to be
false or does not believe to be true, in relation to the personal char-
acter or conduct of any candidate, being a statement reasonably
calculated to prejudice the prospects of that candidate’s election ;
(f) any acts specified in paragraphs (a), (b), (d) and (e) when
done by a person who is not a candidate or his agent or a person
acting with the connivance of a candidate or his agent;
(g) the application by a person at an election for a voting paper
in the name of any other person, whether living or dead, or in a
fictitious name, or for a voting paper in his own name when, by
reason of the fact that he has already voted in the same or another
ward, he is entitled not to vote; or
(h) the receipt of, or agreement to receive, any gratification of
the kind described in paragraph (a) as a motive or reward for doing
or refraining from doing any of the acts therein specified.
(2) a corrupt practice shall not be deemed to have been committed
in the interests of a returned candidate if the Judge is satisfied that it
was of a trivial and limited character which did not affect the result of
the election, that in all other respects the election was free from any
corrupt practice on the part of the candidate or any of his agents, that it
was committed without the sanction or connivance or contrary to the
orders of the candidate or his agents and that the candidate and his
agents took all reasonable means for preventing the commission of cor-
rupt practices at the election.
17. Disqualification of voters for corrupt practice. [Deleted by Mah. 34
of 1965, s. 7.]
Procedure if 18. (1) If at any general elections or an election held to fill a casual
election fails vacancy, no councillor is elected or an insufficient number of councillors are
or is set aside. elected or the election of any or all of the councillors is set aside under this
Act and there is no other candidate or candidates who can be deemed to be
elected in his or their place, the 1[State Election Commissioner] shall appoint
another day for holding a fresh election and a fresh election shall be held
accordingly.
1
These words were substituted for the word “ Commissioner “ by Mah. 41 of 1994, s. 59.
1949 : LIX] Maharashtra Municipal Corporations Act 37

(2) A councillor elected under this section shall be deemed to have been
elected to fill a casual vacancy under section 15.
19. 1[(1) The Corporation shall, subject to the provisions of sub-section Mayor and
(1A), at its first meeting after the general elections, elect from amongst the Deputy
Councillors one of its number to be the Mayor and another to be the Deputy Mayor.
Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a
half years :
Provided that, the term of the Mayors and the Deputy Mayors in office
Mah. on the date of coming into force of the Maharashtra Municipal Corporations
XXV of (Amendment) Act, 2000, shall be regulated as under,—
2000.
(a) in case of the Corporations which have completed the first year
of their term but have not yet completed two years since their first
meeting after the general elections, the term of the Mayors and Deputy
Mayors of such Corporations shall be two years each ;
(b) in all other cases, the term of the Mayors and Deputy Mayors
who are in office on the said date shall be extended to, and be
co-terminus with, the term of office of the elected Councillors :
Provided further that, the roster relating to the reservation of the
office of the Mayor shall be deemed to have been amended to provide for
the extended tenure of the Mayor.].
2
[(1A) There shall be reservation for the office of the Mayor in the
Corporation, by rotation, for the Scheduled Castes, the Scheduled Tribes,
women and the Backward Class of citizens, in the prescribed manner.
3
[(1B) Every person desirous of contesting election to the office of the
Mayor reserved for the Scheduled Castes, Scheduled Tribes or, as the case
may be, Backward Class of citizens, shall be required to submit alongwith
the nomination paper, Caste Certificate issued by the Competent Authority
and the Validity Certificate issued by the Scrutiny Committee in accordance
Mah. with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes,
XXII of De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classess
2001. and Special Backward Category (Regulation of Issuence and Verification of )
Caste Certificate Act, 2000.]
[ [Provided that, for the election for the office of the Mayor for which
4 5

the last date of filing of nomination falls during the period commencing on
the date of commencement of the Mumbai Municipal Corporation, the
Mah. Maharashtra Municipal Corporations and the Maharashtra Municipal
XXI of Councils, Nagar Panchayats and Industrial Townships (Amendment) Act,
2018. 2018 and ending on the 30th June 2019, a person who has applied to the
Scrutiny Committee for the verification of his Caste Certificate before the
date of filing the nomination papers but who has not received the validity
certificate on the date of filing of the nomination papers shall submit,
alongwith the nomination papers,—
(i) a true copy of the application preferred by him to the Scrutiny
Committee for issuance of the validity certificate or any other proof of
having made such application to the Scrutiny Committee; and
(ii) an undertaking that he shall submit, within a period of six months
from the date of his election, the validity certificate issued by the Scrutiny
Committee :]
Provided further that, if the person fails to produce the validity
certificate within a period of six months from the date of his election, his
election shall be deemed to have been terminated retrospectively and he
shall be disqualified for being the Mayor.]
1
This sub-section was substituted by Mah. 25 of 2000, s. 3.
2
Sub-section (1A) was inserted by Mah. 41 of 1994, s. 60 (b).
3
Sub-section (1B) was inserted by Mah. 7 of 2009, s. 6.
4
These provisos were added by Mah. 13 of 2015, s.5.
5
This proviso was substituted by Mah. 21 of 2018, s.5.
H 610—8a
38 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The Mayor and the Deputy Mayor shall hold office until a new Mayor
and a new Deputy Mayor have been elected under sub-section (1) and, in a
year in which general elections have been held, shall do so notwithstanding
that they have not been returned as councillors on the results of the elections.
(3) A retiring Mayor or Deputy Mayor shall be eligible for re-election to
either office.
(4) The Deputy Mayor may resign his office at any time by notice in
writing to the Mayor and the Mayor may resign his office at any time by
notice in writing to the Corporation.
(5) If any casual vacancy occurs in the office of Mayor or Deputy Mayor,
the Corporation shall, as soon as convenient after the occurrence of the
vacancy, choose one of its number to fill the vacancy and every Mayor or
Deputy Mayor so elected shall hold office so long only as the person in whose
place he is appointed would have been entitled to hold it if the vacancy had
not occurred.
[(6) The Mayor or the Deputy Mayor may be removed from the office
1

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

the Corporation as specified by or under this Act, and the Mayor or Deputy
Mayor so removed shall not be eligible for re-election or re-appointment as
Mayor or as the case may be, Deputy Mayor during the remainder term of his
office :
Provided that, no such Mayor or Deputy Mayor shall be removed from
office, unless he has been given a reasonable opportunity to furnish an
explanation :
Provided further that, removal of the Mayor or Deputy Mayor from the
office under this sub-section shall not affect his continuance as a Councillor
for the remainder term of his office.]
Leader of [19-IA. (1) An elected Councillor who is for the time being, the Leader
2

House.
of the Party having the greatest numerical strength and recognised as such
by the Mayor shall be the Leader of the House.
Explanation.—When there are two parties in ruling having the same
numerical strength, the Mayor shall, having regard to the status of the Party,
recognise the Leader of any one of such parties to be the Leader of the House.
(2) There shall be paid to the Leader of the House such honoraria and
allowances and other facilities as may be provided by regulations made in
this behalf by the Corporation.
Leader of 19-IAA. (1) An elected Councillor who is, for the time being, the Leader
Opposition.
of the Party in opposition, having greatest numerical strength and recognised
as such by the Mayor, shall be the Leader of the Opposition.
Explanation.— Where there are two or more parties in the opposition,
having the same numerical strength, the Mayor shall, having regard to the
status of the party, recognise the Leader of any one of such parties as a Leader
of the Opposition for the purposes of this Act and such recognition shall be
final and conclusive.
1
Sub-section (6) was added by Mah. 32 of 2011, s. 17.
2
Sections 19-IA and 19-IAA were inserted by Mah. 11 of 2002, s. 36.
1949 : LIX] Maharashtra Municipal Corporations Act 39

(2) There shall be paid to the Leader of the Opposition such honoraria
and allowances and other facilities as may be provided by regulations made
in this behalf by the Corporation.]

[Honoraria, fees and allowances.

1

19A. (1) With the previous sanction of the State Government, the Honoraria,
fees or
Corporation may pay each councillor such honoraria, fees or other allowances allowances.
as may be prescribed by rules made by the Corporation under this section.
[(2) The Corporation shall place at the disposal of the Mayor annually,
2

such amount as sumptuary allowance, as the State Government may, from

time to time by an order, determine.]
(3) Notwithstanding anything contained in section 10, the receipt by a
councillor of any honorarium, fee or allowance as aforesaid shall not disqualify
any person for being elected or being a councillor.]
Standing Committee.
20. (1) The Standing Committee shall consist of 3[sixteen] councillors. Constitution
of Standing
(2) The Corporation shall at its first meeting after general elections Committee.
appoint 3 [sixteen] persons out of its own body to be members of the Standing
Committee.
(3) One-half of the members of the Standing Committee shall retire every
succeeding year at noon on the first day of the month in which the first meeting
of the Corporation mentioned in sub-section (2) was held:
Provided that all the members of the Standing Committee in office when
general elections are held shall retire from office on the election of a new
Committee under sub-section (2).
(4) The members who shall retire under sub-section (3) one year after
their election under sub-section (2) shall be selected by lot at such time
previous to the date for retirement specified in sub-section (3) and in such
manner as the Chairman of the Standing Committee may determine, and in
succeeding years the members who shall retire under this section shall be
those who have been longest in office :
Provided that, in the case of a member who has been reappointed, the
term of his office for the purposes of this sub-section shall be computed from
the date of his reappointment.
(5) The Corporation shall at its meeting held in the month preceding
the date of retirement specified in sub-section (3) appoint fresh members of
the Standing Committee to fill the offices of those who are due to retire on
the said date.
(6) Any Councillor who ceases to be a member of the Standing Committee
shall be eligible for reappointment.
1
This heading and section 19A were inserted by Bom. 80 of 1958, s. 2.
2
Sub-section (2) was substituted by Mah. 12 of 1993, s. 12.
3
This word was substituted for the word “ twelve “ by Mah. 21 of 1992, s. 15.
40 Maharashtra Municipal Corporations Act [1949 : LIX

Appointment 21. (1) The Standing Committee shall at its first meeting after its
of Chairman
of Standing
appointment under sub-section (2) of section 20 and at its first meeting in
Committee. the same month in each succeeding year appoint one of its own number to be
the Chairman.
(2) The Chairman shall hold office until his successor has been appointed
under sub-section (1) but shall be eligible for reappointment.
(3) Notwithstanding the provisions of sub-sections (1) and (2), the
Chairman shall vacate office as soon as he ceases to be a member of the
Committee.
(4) If any casual vacancy occurs in the office of the Chairman, the
Standing Committee shall, as soon as conveniently may be after the occurrence
of the vacancy, appoint one of its number to fill such vacancy and every
Chairman so appointed shall continue in office so long only as the person in
whose place he is appointed would have held it if such vacancy had not
occurred.
[(5) If for any reason the Standing Committee does not appoint the
1

Chairman under sub-section (1) or (4), within a period of thirty days from the
date of its appointment under sub-section (2) of section 20, or from the date
following the date of retirement of one-half of the members specified in sub-
section (3) of that section, or from the date on which a casual vacancy occurs
in the office of Chairman, as the case may be, the appointment of the Chairman,
after the expiry of the said period, shall be made by the Corporation, from
amongst the members of the Standing Committee, at a special meeting called
and held for the purpose within fifteen days from the expiry of the said period
of thirty days. At such meeting, the question shall be decided by a majority of
votes of the Councillors present and voting and if there be an equality of
votes, the presiding authority shall have and exercise a second or casting
vote. Every Chairman so appointed, shall continue in office so long only as
the Chairman appointed by the Standing Committee would have continued
in office.]

Member of 22. Any member of the Standing Committee who absents himself during
Standing
two successive months from the meetings of the Committee, except on account
Committee
absenting of temporary illness or other cause to be approved by the Committee, or
himself absents himself from, or is unable to attend, the meetings of the Committee
from
meetings to
during four successive months from any cause whatever, whether approved
vacate seat. by the Committee or not, shall cease to be a member of the Standing
Committee and his seat shall thereupon be vacant.
Casual 23. In the event of non-acceptance of office by a councillor appointed
vacancies in
to be a member of the Standing Committee or of the death or resignation of a
Standing
Committee member of the said Committee or of his becoming incapable of acting previous
how to be to the expiry of his term of office or of his seat becoming vacant under section
filled.
22 or on his ceasing to be a councillor, the vacancy shall be filled up, as soon
as it conveniently may be, by the appointment of a person thereto, who shall
hold office so long only as the member in whose place he is appointed would
have been entitled to hold it, if the vacancy had not occurred.
1
Sub-section (5) was inserted by Mah. 32 of 1968, s. 2.
1949 : LIX] Maharashtra Municipal Corporations Act 41

24. (1) The Standing Committee may, from time to time, by a resolution Standing
Committee
carried by the vote of at least two-thirds of its members present at the may delegate
meeting, delegate to any Special Committee appointed under section 30 any powers to
of its powers and duties in respect of any matter with which such Special Special
Committee or
Committee is competent to deal, or refer to any such Committee any such Sub-
matter for disposal or report, and every such Special Committee shall conform Committee.
to any instructions that may from time to time be given to it by the Standing
Committee in this behalf:
Provided that every such resolution shall be reported by the Standing
Committee to the Corporation as soon as possible, and the Corporation may
at any time cancel such resolution.
(2) The Standing Committee may, subject to the rules, by a specific
resolution in this behalf delegate any of its powers and duties to sub-
committees consisting of such members of the Standing Committee not less
in number than three as the Standing Committee thinks fit and every such
sub-committee shall conform to any instructions that may from time to time
be given to it by the Standing Committee.
The Transport Committee.
25. (1) In the event of the Corporation acquiring or establishing a Appointment
Transport Undertaking there shall be a Transport Committee consisting of of Transport
Committee.
1
[thirteen] members for the purpose of conducting the said undertaking in
accordance with the provisions of this Act and subject to the conditions and
limitations as are contained therein.
(2) The Corporation shall at its first meeting after a Transport
Undertaking is acquired or established appoint 2[twelve] members of the
Transport Committee from among persons who in the opinion of the
Corporation have had experience of, and shown capacity in, administration
or transport or in engineering, industrial, commercial, finacial or labour
matters and who may or may not be councillors.
(3) A person shall be disqualified for being appointed, and for being, a
member of the Transport Committee if, under the provisions of this Act or
any other law for the time being in force, he would be disqualified for being
elected as, and for being, a councillor.
(4) The Chairman of the Standing Committee shall be a member of the
Transport Committee ex-officio.
(5) One-half of the members of the Transport Committee appointed by
the Corporation shall retire in every second year on the first day of the month
in which the meeting referred to in sub-section (2) was held :
[Provided that, in the case of a Councillor appointed a member of the
3

Transport Committee, if at any time before the date of his retirement he

ceases to be a Councillor, he shall cease to be such member, and his office
shall thereupon become vacant. The vacancy shall be filled, in accordance
with the provisions of sub-section (9), as if it had occurred under section 26.]
1
This word was substituted for the word “nine” by Mah. 21 of 1992, s. 16(a).
2
This word was substituted for the word “eight” by Mah. 21 of 1992, s. 16(6).
3
This proviso was added by Mah. 13 of 1971, s. 7.
 42 Maharashtra Municipal Corporations Act [1949 : LIX

(6) The members who shall retire two years after their appointment
under sub-section (2) shall be selected by lot at such time previous to the
first day of the month immediately preceding the date of their retirement
and in such manner as the Chairman of the Transport Committee shall
determine; thereafter the members of the Transport Committee who shall
retire shall be the members who were longest in office :
Provided that in the case of a member who has been reappointed, the
term of his office for the purpose of this sub-section shall be computed from
the date of his reappointment.
(7) Vacancies caused by the retirement of members under sub-
section (5) shall be filled by the appointment by the Corporation of duly
qualified persons thereto at its ordinary meeting in the month immediately
preceding the occurrence of the vacancies :
Provided that in a year in which general elections of councillors are
held, such vacancies shall be filled by the Corporation at its first meeting
after such elections if such meeting is due to be held within three months of
the occurrence of the vacancies and, in such event, the members who would
under sub-section (5) have retired on the date specified therein shall continue
to be in office until new members have been appointed under this sub-section.
(8) A retiring member shall be eligible for re-appointment.
(9) In the event of non-acceptance of office by any person appointed to
be a member of the Transport Committee or of the death, resignation or
disqualification of a member of the Committee or of his becoming incapable
of acting, or of his office becoming vacant under the provisions of section 26,
the vacancy shall be filled up, as soon as conveniently may be, by the
appointment by the Corporation of a duly qualified person thereto, and such
person shall hold office so long only as the person in whose place he is
appointed would have held it if the vacancy had not occurred.
Disqualification 26. (1) Any person who, having been appointed a member of the
of members of
Transport
Transport Committee,—
Committee. (a) becomes disqualified for being a member of the Committee un-
der the provisions of sub-section (3) of section 25, or
(b) acts as a member of the Committee by voting or taking part in
the discussion of or asking any question concerning any matter in which
he has directly or indirectly, by himself or his partner, any such share or
interest as is described in clause (b) of sub-section (2) of section 10 or in
which he is professionally interested on behalf of a client, principal or
other person, or
(c) absents himself during two successive months from the meet-
ings of the Committee except from temporary illness or other cause to
be approved by the Committee, or
(d) absents himself from or is unable to attend the meetings of the
Committee during four successive months from any cause whatsoever,
whether approved by the Committee or not,
shall cease to be a member of the Committee and his office shall thereupon
become vacant.
(2) If any doubt or dispute arises whether a vacancy has occurred under
sub-section (1), the Commissioner shall, at the request of the Corporation,
refer the question to the Judge.
1949 : LIX] Maharashtra Municipal Corporations Act 43

27. (1) The Transport Committee shall at its first meeting after its Chairman of
appointment under sub-section (2) of section 25 and at its first meeting in Transport
Committee.
the same month in each succeeding year appoint 1[one of its members] to be
the Chairman.
(2) The Chairman shall hold office until his successor has been appointed
under sub-section (1) but shall be eligible for reappointment.
(3) Notwithstanding the provisions of sub-sections (1) and (2), the
Chairman shall vacate office as soon as he ceases to be a member of the
Committee.
(4) In the event of the office of Chairman falling vacant previous to the
expiry of his term the Committee shall, as soon as conveniently may be after
the occurrence of the vacancy, appoint 2[one of its members] to fill such vacancy
and the Chairman so appointed shall hold office so long only as the person in
whose place he is appointed would have held it if such vacancy had not
occurred.
28. The Chairman and members of the Transport Committee shall be Conveyance
paid such conveyance charges for attending meeeting of the Committee as charges for
attendance
may be prescribed by rules. at meetings
of
Transport
Committee.

29. (1) The Transport Committee may from time to time appoint out of Sub-
its own body sub-committees consisting of such number of persons as the committees
of Transport
Committee thinks fit. Committee.
(2) The Committee may by specific resolution carried by the vote of at
least two-thirds of its number present at the meeting delegate any of its
powers and duties to a sub-committee and may also by a like resolution define
the sphere of business of such sub-committee.
(3) The Committee may refer to a sub-committee appointed under sub-
section (1) for inquiry and report or for opinion any matter with which the
Committee is competent to deal.
3
[Wards Committees.
29A. (1) In every City, there shall be constituted Wards Committees Constitution
comprising such contiguous electoral wards as may be decided by the of Wards
Committees.
Corporation, in accordance with following table :—
TABLE
Population Minimum Additional Maximum
Number Wards Number
of Wards Committees of Wards
Committees for Committees
Additional
Population

Above 3 lakhs and upto 4.5 lakhs 3 … 4

Above 4.5 lakhs and upto 12 lakhs 4 1,50,000 9
Above 12 lakhs and upto 24 lakhs 9 3,00,000 13
Above 24 lakhs 13 6,00,000 25
1
These words were substituted for the words “one of its number” by Mah. 41 of 1994, s. 61(a).
2
These words were substituted for the words “ one of its number ” by Mah. 41 of 1994, s. 61 (b).
3
The sub-heading and section 29A was inserted, by Mah. 41 of 1994, s. 62.
H 610—9
44 Maharashtra Municipal Corporations Act [1949 : LIX

(2) Each Wards Committee shall consist of—

(a) the councillors representing the electoral wards within the
territorial area of the Wards Committee ;
(b) the officer incharge of the territorial area of the Wards Committee ;
(c) such number of other members not exceeding three, nominated by
the Councillors referred to in clause (a) from amongst the members of
recognised Non-Government Organisations and Community based
organisations engaged in social welfare activities working within the area of
the Wards Committee :
Provided that, such persons are registered as electors in the wards
within the jurisdiction of the Wards Committee :
Provided further that, the norms for recognition of the Non-Government
Organisations, the requisite qualification for nomination as members and
the manner in which they are to be nominated shall be such as the State
Government may prescribe.
(3) The duration of the Wards Committees shall be co-terminus with
the duration of the Corporation.
(4) The elected Councillors referred to in clause (a) of sub-section (2)
shall at the first meeting of the Wards Committee in each official year, elect
from amongst themselves the Chairperson who shall hold office until the
first meeting in the next following official year.
(5) The Chairperson of the Wards Committee shall be deemed to have
vacated the office as soon as he ceases to be a Councillor.
(6) In the event of the office of the Chairperson falling vacant before the
expiry of its term, the Wards Committee shall elect a new Chairperson:
Provided that the Chairperson so elected shall hold office so long only
as the Chairperson in whose place he is elected would have held the office if
such vacancy had not occurred.
(7) The functions of the Wards Committee shall subject to the general
supervision and control of the Corporation, be—
(a) the speedy redressal of common grievances of citizens, connected
with local and essential municipal services like water-supply, drainage,
sanitation and storm water disposal;

(b) to consider and make recommendations on the proposals

regarding estimates of expenditure pertaining to the wards under
different heads of account of the budget before being forwarded to the
Commissioner;
(c) to grant administrative approval and financial sanction to the
plans for municipal works to be carried out within the territorial area of
the Wards Committee costing upto rupees five lakhs, provided that
specific provision exists therefor in the budget sanctioned by the
Corporation.
1949 : LIX] Maharashtra Municipal Corporations Act 45

(8) Notwithstanding anything contained in sub-section (7), the

Corporation may, by resolution, delegate to a Wards Committee such other
functions as it may deem fit and expedient.
(9) The Wards Committee shall meet at least once in every month at its
Ward Office.]
Special and Ad hoc Committees.
30. (1) The Corporation may from time to time appoint out of its own Special
Committees
body, Special Committees 1[including the Women and Child Welfare of the
Committee] which shall conform to any instructions that the Corporation Corporation.
may from time to time give them.
[(1A) On the Women and Child Welfare Committee not less than
2

seventy-five per cent. of the members shall be from amongst women

Councillors.
Explanation.—For the purpose of computing the number of members at
seventy-five per cent. fraction, if any, shall be rounded off to one.]
(2) The Corporation may by a specific resolution passed by the vote of
not less than two-thirds of the Councillors present and voting at a meeting of
the Corporation define the sphere of business of each Special Committee
and direct that all matters and questions included in any such sphere shall
in the first instance be placed before the appropriate Committee and shall
be submitted to the Corporation with such Committee’s recommendation ;
and the Corporation may also by a like resolution delegate of its powers and
duties to specified Special Committees.
(3) Every Special Committee shall appoint two of its number to be its
Chairman and Deputy Chairman :
Provided that no Councillor shall, at the same time, be the Chairman of
more than one Special Committee :
[Provided further that, the Chairperson and the Deputy Chairperson
3

on the Women and Child Welfare Committee shall be from amongst the
women Councillor members thereof.]
(4) The Chairman and in his absence the Deputy Chairman and, in the
absence of both, such other member as may be chosen by the members of the
Special Committee present at a meeting thereof shall preside at the meeting.
(5) Any member of a Special Committee who absents himself during
two successive months from the meeting of such Committee, except on account
of temporary illness or other cause to be approved by such Committee, or
absents himself from or is unable to attend the meetings of such Committee
during four successive months from any cause whatever, whether approved
by such Committee or not, shall cease to be a member of such Committee and
his seat shall thereupon be vacant.
1
These words were inserted by Mah. 21 of 1992, s. 17(a).
2
Sub-section (1A) was inserted by Mah. 21 of 1992, s. 17(b).
3
This proviso was inserted by Mah. 21 of 1992, s. 17(c).
H 610—9a
46 Maharashtra Municipal Corporations Act [1949 : LIX

(6) All the proceedings of every Special Committee shall be subject to

confirmation by the Corporation :
Provided that if, in delegating any of its powers or duties to a Special
Committee under sub-section (2), the Corporation directs that decision of
such Committee shall be final, then so much of the proceedings of such
Committee as relates to such powers or duties shall not be subject to
confirmation by the Corporation, if such decision is supported by at least
half the total number of members of such Committee :
Provided further that any Special Committee may by a resolution
supported by at least half the whole number of members direct that action be
taken in accordance with the decision of such Committee without waiting
for confirmation of its proceedings by the Corporation, where such
confirmation is required, if such Committee considers that serious
inconvenience would result from delay in taking such action ; but if the
Corporation does not subsequently confirm the proceedings of such
Committee such steps as may still be practicable shall be taken without delay
to carry out the orders of the Corporation.
(7) The Corporation may at any time dissolve or alter the constitution
of a Special Committee.
(8) The constitution of Special Committees and the conduct of business
at meetings of such Committees, the keeping of minutes and the submission
of reports and other matters before such Committees shall be regulated by
rules.
Appointment 31. (1) The Corporation may from time to time appoint out of its own
of Ad hoc
Committees.
body such ad hoc Committees consisting of such number of councillors as it
shall think fit, and may refer to such Committees for inquiry and report or
for opinion, such special subjects relating to the purposes of this Act as it
shall think fit, and direct that the report of any such Committee shall be
submitted through the Standing Committee or a Special Committee
constituted under section 30.
(2) An ad hoc Committee appointed under sub-section (1) may, with the
previous sanction of the Corporation, co-opt not more than two persons who
are not councillors but who in the opinion of the Committee possess special
qualifications for serving thereon :
[Provided that such persons shall not be eligible to be elected as the
1

Chairperson of such Committee and shall not have the right to vote at any
meeting of the Committee.]

Appointment [31A. (1) Notwithstanding anything contained in this Act or the rules
2

by nomination
or bye-laws made thereunder, in the case of the following Committees, except
on
Committees where it is provided by this Act, that the appointment of a Councillor to any
to be by Committee shall be by virtue of his holding any office, appointment of
proportional
representation. Councillors to these Committees, whether in regular or casual vacancies,
1
This proviso was added by Mah. 41 of 1994, s. 63.
2
Section 31A was inserted by Mah. 11 of 2007, s. 6.
1949 : LIX] Maharashtra Municipal Corporations Act 47

shall be made by the Corporation by nominating Councillors in accordance

with the provisions of sub-section (2) :—
(a) Standing Committee ;
(b) Transport Committee ;
(c) Any special Committee appointed under section 30 ;
(d) Any ad hoc Committee appointed under section 31.
(2) In nominating the Councillors on the Committee, the Corporation
shall take into account the relative strength of the recognised parties or
registered parties or groups and nominate members, as nearly as may be, in
proportion to the strength of such parties or groups in the Corporation,
after consulting the Leader of the House, the Leader of Opposition and the
leader of each such party or group :

[Provided that, the relative strength of the recognized parties or

1

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

first dividing the total number of Councillors by the total strength of
members of the Committee. The number of Councillors of the recog-
nized parties or registered parties or groups or aghadi or front shall be
further divided by the quotient of this division. The figures so arrived
at shall be the relative strength of the respective recognized parties or
registered parties or groups or aghadi or front. The seats shall be allot-
ted to the recognized parties or registered parties or groups or aghadi
or front by first considering the whole number of their respective rela-
tive strength so ascertained. After allotting the seats in this manner, if
one or more seats remain to be allotted, the same shall be allotted one
each to the recognized parties or registered parties or groups or aghadi
or front in the descending order of the fraction number in the respective
relative strength, starting from the highest fraction number in the rela-
tive strength, till all the seats are allotted :]
Provided further that, for the purpose of deciding the relative strength
of the recognised parties or registered parties or groups under this Act, the
recognised parties or registered parties or groups, or elected Councillors
not belonging to any such party or group may, notwithstanding anything
Mah. XX contained in the Maharashtra Local authority Members’ Disqualification Act,
of 1987. 1986, within a period of one month from the date of notification of election
results, form the aghadi or front and, on its registration, the provisions of
the said Act shall apply to the members of such aghadi or front, as if it is a
registered pre-poll aghadi or front.
(3) If any question arises as regards the number of Councillors to be
nominated on behalf of such party or group, the decision of the Corporation
shall be final.]
Joint Committees.
32. (1) The Corporation may from time to time join with a local Joint
authority or with a combination of local authorities,— transactions
with other
(a) in appointing a joint committee out of their respective bodies local
authorities.
for any purpose in which they are jointly interested, and in appointing a
chairman of such committee ;
1
This proviso was substituted by Mah. 17 of 2012, s. 11.
48 Maharashtra Municipal Corporations Act [1949 : LIX

(b) in delegating to any such committee power to frame terms bind-

ing on each such body as to the construction and future maintenance of
any joint work, and any power which might be exercised by any of such
bodies ; and
(c) in framing and modifying rules for regulating the proceedings
of any such committee in respect of the purpose for which the commit-
tee is appointed.
(2) Where the Corporation has requested the concurrence of any other
local authority under the provisions of sub-section (1) in respect of any matter
and such other local authority has refused to concur, the 1[State] Government
may pass such orders as it deems fit requiring the concurrence of such other
local authority, not being a cantonment authority, in the matter aforesaid
and such other local authority shall comply with such orders.
(3) If any difference of opinion arises between the Corporation and any
other local authority which has joined the Corporation under this section,
the matter shall be referred to the 1[State] Government whose decision
thereupon shall be final and binding :
Provided that, if the local authority concerned is a cantonment authority,
any such decision shall not be binding unless it is confirmed by the Central
Government.
(4) The Corporation may from time to time 2[in the case of any
cantonment authority with the sanction of the State Government and the
Officer Commanding-in-Chief, the Command and in other cases] with the
sanction of the 1[State] Government enter into an agreement with a local
authority or with a combination of local authorities for the levy of 3 ** tolls
4
[or a tax on vehicles, boats or animals] by the Corporation on behalf of the
bodies so agreeing and, in that event, the provisions of this Act shall apply in
respect of such levy as if the area of the City were extended so as to include
the area or areas subject to the control of such local authority or such
combination of local authorities.

[(5) When any agreement such as is referred to in sub-sction (4) has

5

been entered into, then the total of the collection of such 6 **, toll or tax made
in the City and in the area or areas ordinarily subject to the control of such
other local authority or authorities and the costs thereby incurred shall be
divided between the Municipal Fund and the fund or funds subjects to the
control of such other local authority or authorities, as the case may be, in
such proportion as may have been determined by the agreement.]

1
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
2
These words were inserted by Bom. 5 of 1958, s. 2(1) (a).
3
The words “ octroi or ” were deleted by Mah. 42 of 2017, s. 33(1).
4
These words were inserted by Bom. 5 of 1958, s. 2(1) (b).
5
This sub-section was added by Bom. 5 of 1958, s. 2(2).
6
The word “ octroi ” was deleted by Mah. 42 of 2017, s. 33(2).
1949 : LIX] Maharashtra Municipal Corporations Act 49

Provisions regarding validity of proceedings.

33.
No act or proceedings of the Corporation or of any committee or Vacancy in
Corporation,
sub-committee appointed under this Act shall be questioned on account of etc., not to
any vacancy in its body. invalidate its
proceedings.

34.No disqualification of, or defect in, the election or appointment of Proceedings of

any person acting as a Councillor, as the Mayor or the Deputy Mayor or the Corporation,
etc., not
presiding authority of the Corporation or as the Chairman or a member of vitiated by
disqualification,
any Committee or sub-committee appointed under this Act shall be deemed etc., of
to vitiate any act or proceeding of the Corporation or of any such Committee members
thereof.
or sub-committee, as the case may be, in which such person has taken part,
provided the majority of the persons who were parties to such act or
proceedings were entitled to act.

35.
Until the contrary is proved, every meeting of the Corporation or Proceedings of
of a Committee or sub-committee in respect of the proceedings whereof a meetings to
be good and
minute has been made and signed in accordance with this Act or the rules valid until
contrary is
shall be deemed to have been duly convened and held, and all the members proved.
of the meeting shall be deemed to have been duly qualified ; and where the
proceedings are proceedings of a Committee or sub-committee, such
Committee or sub-committee shall be deemed to have been duly constituted
and to have had power to deal with the matters referred to in the minute.
1
[ 35A.
If, any committee or special committee under this Act is not Exercise of
powers and
constituted at any point of time, or for any reason not in a position to exercise discharge of
its powers or discharge its duties under this Act, its powers shall be exercised duties of any
committee by
and its duties shall be discharged by the Corporation until such committee is Corporation.
constituted or in a position to exercise its powers or discharge its duties.

35B. The Chairman or the Deputy Chairman, if any, of any committee Removal of
Chairman
constituted under this Act may be removed from the office by the State and Deputy
Government, if he fails to convene two consecutive meetings of the Chairman of
Committees.
Corporation as specified by or under this Act, and the Chairman or Deputy
Chairman so removed shall not be eligible for re-election or re-appointment
as Chairman or, as the case may be, Deputy Chairman of such committee
during the reminder term of his office :

Provided that, no such Chairman or Deputy Chairman shall be removed

from office, unless he has given a reasonable opportunity to furnish an
explanation :

Provided further that, removal of the Chairman or Deputy Chairman

from the office under the provisions of this section shall not affect his
continuance as a Councillor for the reminder term of his office. ]

1
Sections 35A and 35B were inserted by Mah. 32 of 2011, s. 18.
50 Maharashtra Municipal Corporations Act [1949 : LIX

The Municipal Commissioner.

Appointment 36. (1) The Commissioner shall from time to time be appointed by the
of the
Commissioner.
1
[State] Government.

(2) The Commissioner shall in the first instance hold office for such
period not exceeding three years as the 1[State] Government may fix and his
appointment may be renewed from time to time for a period not exceeding
three years at a time.

(3) Notwithstanding the provisions of sub-section (2) the Commissioner

may at any time, if he holds a lien on the service of the 2[Government], be
recalled to such service 3
* * * * and may further at any
time be removed from office by the [State] Government for incapacity,
1

misconduct or neglect of duty and shall forthwith be so removed if at a meeting

of the Corporation not less than five-eights of the whole number of councillors
vote in favour of a resolution requiring his removal.

Salary of 37. (1) The Commissioner shall receive from the Municipal Fund such
Commissioner.
monthly salary and allowances as the 1[State] Government may from time to
time after consultation with the Corporation determine :

Provided that the salary of the Commissioner shall not be altered to his
disadvantage during the period for which his appointment has been made or
renewed.

(2) The Commissioner shall devote his whole time and attention to the
duties of his office as prescribed in this Act or in any other law for the time
being in force and shall not engage in any other profession, trade or business
whatsoever :

Provided that he may with the sanction of the Corporation serve on any
committee constituted for the purpose of any local inquiry or for the
furtherance of any object of local importance or interest.

(3) When a salaried servant of the 2[Government] is appointed as the

Commissioner such contribution to his pension, leave and other allowances
as may be required by the conditions of his service under the 2[Government]
to be made by him or on his behalf shall be paid to the 1[State] Government
from the Municipal Fund.

Grant of leave 38. (1) The 1[State] Government may from time to time with the assent
of absence to
Commissioner of the Standing Committee grant leave of absence to the Commissioner for
and leave such period as it thinks fit.
allowance.

1
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
2
This word was substituted for the word “ Crown ”, by the Adaptation of Laws Order, 1950.
3
The words “ after consultation with the Corporation ” were deleted by Mah. 12 of 1993, s. 13.
1949 : LIX] Maharashtra Municipal Corporations Act 51

(2) The allowances to be paid to the Commissioner while absent on leave

shall be of such amount, not exceeding his salary, as shall be fixed by the
1
[State] Government and shall, unless the Commissioner is a salaried servant
of the 2[Government], be paid from the Municipal Fund :

Provided that, if the Commissioner is a salaried servant of the

2
[Government], the amount of such allowance shall be regulated by the rules
for the time being in force relating to the leave allowances of salaried servants
of the 2[Government] of his class.

39. During the absence on leave or other temporary vacancy in the Appointment
and
office of the Commissioner, the 1[State] Government may appoint a person to remuneration
act as the Commissioner and every person so appointed shall exercise the of acting
Commissioner.
powers and perform the duties conferred and imposed by this Act or any
other law for the time being in force on the Commissioner and shall be subject
to all the liabilities, restrictions and conditions to which the Commissioner
is liable and shall receive such monthly salary not exceeding the salary for
the time being payable to the Commissioner as the 1[State] Government shall
determine.
3
[39A. (1) The State Government may create one or more posts of Appointment
of Additional
Additional Municipal Commissioners in the Corporation and appoint suitable Municipal
persons on such posts, who shall, subject to the control of the Commissioner, Commissi-
oners.
exercise all or any of the powers and perform all or any of the duties and
functions of the Commissioner.

(2) Every person so appointed as the Additional Municipal

Commissioner shall be subject to the same liabilities, restrictions and terms
and conditions of service, to which the Commissioner is subjected to as per
the provisions of this Act.]

Transport Manager

40. (1) In the event of the Corporation acquiring or establishing a Appointment

of Transport
Transport Undertaking the Corporation shall, subject to the approval of the Manager.
1
[State] Government, appoint a fit person to be the Transport Manager of the
Transport Undertaking.

(2) The Transport Manager shall receive such monthly salary and
allowances as the Corporation shall from time to time, with the approval of
the1[State] Government determine:

Provided that the salary of the Transoprt Manager shall not be altered
to his disadvantage during his period of office.
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2.
This word was substituted for the word “Crown”, by the Adaptation of Laws Order, 1950.
3
Section 39A was inserted by Mah. 32 of 2011, s.19.
H 610—10
52 Maharashtra Municipal Corporations Act [1949 : LIX

Leave of 41. (1) Leave of absence may be granted from time to time to the
Transport
Manager. Transport Manager by the Transport Committee with the assent of the
Corporation.

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

on leave shall be of such amount, not exceeding the amount of his salary, as
shall be fixed by the Corporation.

(3) During the absence on leave or other temporary vacancy in the office
of the Transport Manager the Transport Committee, with the assent of the
Corporation, may appoint a person to act as Transport Manager; every person
so appointed shall exercise the powers and perform the duties conferred
and imposed on the Transport Manager and shall be subject to the same
liabilities, restrictions and conditions to which the Transport Manager is
liable and shall receive such monthly salary, not exceeding the salary for the
time being payable to the Transport Manager, as the Corporation shall
determine.
Disqualifications of the Commissioner

Commissioner 42. (1) No person shall be qualified to be appointed or to be the

not to be
interested in Commissioner if he has, directly or indirectly, by himself or his partner, any
any 1[contract] share or interest in any contrat with, by or on behalf of the Corporation
with
Corporation.
2
* * *.

(2) Any Commissioner who shall acquire, directly or indirectly by himself

or his partner, any share or interest in any such contract 3* * as aforesaid
shall cease to be Commissioner and his office shall become vacant.

(3) Nothing in this section shall apply to any such share or interest in any
contract 4* * with, by or on behalf of the Corporation as, under sub-
clause (ii) or (iv) of clause (b) of sub-section (2) of section 10 it is permissible
for a councillor to have without his being thereby disqualified for being a
councillor.

1
The words “in any employment with, by or on behalf of the Corporation other than a
Commissioner” were deleted by Mah. 42 of 1977, s. 6(a).
2
The words “or employment” were deleted by Mah. 42 of 1977, s. 6(b).
3
The words “or employment” were deleted by Mah. 42 of 1977, s. 6(c).
4
These words were substituted for the words “Contract etc.” by Mah. 42 of 1977, s. 6(d).
1949 : LIX] Maharashtra Municipal Corporations Act 53

CHAPTER III.

PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE, TRANSPORT COMMITTEE AND

OTHER BODIES.

43. (1) The meetings of the Corporartion, the Standing Committee, 1[the Proceedings
of the
Wards Committees], the sub-committees of the Standing Committee, the Corporation,
Transport Committee, the sub-committees of the Transport Committee, Standing
Committee,
Special Committees and ad-hoc Committees shall be held and the business etc.
before them shall be disposed of in the manner prescribed by rules :
2
[Provided that the Councillors nominated under clause (b) of sub-section
(2) of section 5 shall, notwithstanding anything contained in this Act including
the Schedule, not have the right to vote at any meeting of the Corporation.]
3
[(2) The Commissioner or an officer not below the rank of the
Deputy Commissioner present on behalf of the Commisioner shall have the
right to speak at, and otherwise take part in, any meeting of the Corporation
or any Committee thereof and express his views in the meeting with the
permission of the Mayor or the presiding authority of the Committee, but he
shall not be entitled to vote or to make any proposition.]

(3) The Corporation may require any of its officers to attend any meeting
or meetings of the Corporation at which any matter dealt with by such officer
in the course of his duties is being discussed; when any officer is thus required
to attend any such meeting, he may be called upon to make a statement or
explanation of facts or supply such information in his possession relating to
any matter dealt with by him as the Corporation may require.

(4) The Commissioner shall have the same right of being present at a
meeting of the Standing Committee or of a sub-committee and of taking part
in the discussions thereat as a member of the said committee, but he shall
not be at liberty to vote upon, or make, any proposition at such meeting.

(5) The Commissioner and in his absence the Deputy or Assistant

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

44. A councillor may, subject to the conditions prescribed by rules, ask Right to ask
questions.
questions on any matter relating to the administration of this Act or the
municipal government of the City.
1
These words were inserted by Mah. 41 of 1994, s. 64 (a).
2
This proviso was added by Mah. 41 of 1994, s. 64(b).
3
Sub-section (2) was substituted by Mah. 32 of 2011, s.20.
H 610—10a
54 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER IV.
MUNICIPAL OFFICERS AND SERVANTS—THEIR APPOINTMENT AND
CONDITIONS OF SERVICE.
City Engineer, Medical Officer of Health, Municipal Chief Auditor,
Municipal Secretary, Deputy Municipal Commissioner and
Assistant Municipal Commissioner.
Appointment 45. (1) The Corporation shall from time to time appoint fit persons to
of City
be City Engineer, Medical Officer of Health 1* * and Municipal Secretary.
Engineer, etc.
(2) The Corporation may from time to time with the approval of the
2
[State] Government create an appointment of Deputy Municipal
Commissioner or an appointment of Assistant Municipal Commissioner or
so many such appointments as it considers necessary, and may appoint a fit
person or fit persons to such appointments.
(3) An offcer appointed under this section shall have such qualifications
as may be prescribed under the rules and shall receive such monthly salary
and allowances as the Corporation may with the approval of the 2[State]
Government from time to time fix:
Provided that the salary of no officer shall be altered to his disadvantage
during his period of office.
(4) Every appointment made under this section excepting an
appointment of Municipal Secretary shall be subject to confirmation by the
2
[State] Government and any officer whose appointment the 2[State]
Government refuses to confirm shall be removed from office forthwith.
(5) On the occurrence of vacancy in any office specified in this section
an appointment shall be made thereto by the Corporation within four months
from the date on which the vacancy occurred or, in the event of the removal
of an officer under sub-section (4), within thirty days of the receipt by the
Corporation of the order of the 2[State] Government.
(6) In default of an appointment being made by the Corporation under
sub-section (5), the 2[State] Govenment may appoint a fit person to fill the
vacancy and such appointment shall for all purposes be deemed to have been
made by the Corporation.
(7) Pending the settlement of an appointment under sub-section (1) or
sub-section (5), the Corporation may appoint a person to fill the vacancy
temporarily and may direct that the person so appointed shall receive such
monthly salary and allowances not exceeding the maximum fixed under sub-
section (3) for the time being as it thinks fit:
Provided that no such appointment shall extend beyond or be made after
a lapse of six months from the date on which the vacancy occurs.

1
The words “ , Municipal Chief Auditor” were deleted by Mah. 12 of 2011, s.4.
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 55

1
[45A. On and from the 10th March 2011, being the date of Appointment
of Municipal
Mah. commencement of section 5 of the Maharashtra Municipal Corporations Chief
XII of Auditor.
(Amendment) Act, 2011, the State Govenment, shall appoint, on deputation,
2011.
a suitable officer, not below the rank of the Deputy Director from the
Maharashtra Finance and Accounts Services to be the Municipal Chief
Auditor on such terms and conditions, as may be prescribed:

Provided that, nothing in this section shall affect the appointment and
terms and conditions of service of the Municipal Chief Auditor holding office
Mah. as such on the 10th March 2011 being the date of commencement of section 5
XII of
2011. of the Maharashtra Municipal Corporations (Amendment) Act, 2011.].
2
[45B. (1) Notwithstanding anything contained in any other provisions Power of
State
of this Act or in any other law for the time being in force, it shall be lawful for Government
the State Government to notify in the Official Gazette, any post or any class to notify post
to be filled in
of posts under any Corporation, for being filled in, by deputation of a suitable by deputation.
officer from the cadre of the State Government, specified by the State
Government, for this purpose :

Provided that, every such notification shall be laid before each House of
the State Legislature, after it is issued.

(2) Every notification issued under sub-section (1) specifying the posts
or class of posts, shall contain the description of the cadre of officers
(hereinafter referred to as “the feeder cadre”), of the State Government, from
amongst whom the posts notified under sub-section (1) are to be filled.

(3) On issuing the notification under sub-section (1), the numercial

strength of the feeder cadre shall stand increased by an equivalent number
of posts which shall be created in such feeder cadre.

(4) The number of posts created and added to the feeder cadre under
sub-section (3) shall, as far as possible, be filled in by selection, of one or
more suitable officers of the concerned Corporation, in such manner as may
be prescribed by the State Government by rules :

Provided that, nothing in this section shall affect the appointment and
terms and conditions of service of an incumbent holdings such notified post
in the Corporation, on the date of issuing the notification under sub-section
(1)].

46. The City Engineer and the Medical Officer of Health shall perform Powers and
duties of City
such duties as they are directed by or under this Act to perform and such Engineer and
other duties as may be required of them by the Commissioner. Medical
Officer of
Health.

1
Section 45A was inserted by Mah. 12 of 2011, s. 5.
2
Section 45B was inserted by Mah. 40 of 2011, s. 3.
56 Maharashtra Municipal Corporations Act [1949 : LIX

Powers and 47. (1) The Municipal Chief Auditor shall—

duties of
Municipal (a) perform such duties as he is directed by or under this Act to
Chief Auditor. perform and such other duties with regard to the audit of the accounts
of the Municipal Fund 1 [,the Water and Sewage Fund and the
Consolidated Water supply and Sewage Disposal Loan Fund] as shall be
required of him by the Corporation or by the Standing Committee and
with regard to the audit of the accounts of the Transport Fund as shall
be required of him by the Transport Committee;
(b) prescribe, subject to such directions as the Standing Committee
may from time to time give, the duties of the auditors and assistant
auditors, clerks and servants immediately subordinate to him; and
(c) subject to the orders of the Standing Committee, exercise
supervision and control over the acts and proceedings of the said auditors,
assistant auditors, clerks and servants and, subject to the regulations,
dispose of all questions relating to the service, remuneration and
privileges of the said auditors, assistant auditors, clerks and servants.
(2) The Municipal Chief Auditor shall not be eligible for further office
under the Corporation after he has ceased to hold his office.

Powers and 48. The Municipal Secretary shall be the Secretary of the Corporation
duties of
and also of the Standing Committee and shall—
Municipal
Secretary. (a) perform such duties as he is directed by or under this Act to
perform and such other duties in and with regard to the Corporation
and the Standing Committee as shall be required of him by those bodies
respectively;

(b) have the custody of all papers and documents connected with
the proceedings of—
(i) the Corporation and any Committee appointed by the
Corporation under section 30 or 31,
(ii) the Standing Committee and any sub-committee thereof;
(c) prescribe, subject to such directions as the Standing Committee
may from time to time give, the duties of the officers and servants
immediately subordinate to him ; and
(d) subject to the orders of the Standing Committee exercise
supervision and control over the acts and proceedigs of the said officers
and servants and, subject to the regulations, dispose of all questions
relating to the service, remuneration and privileges of the said officers
and servants.

Powers and 49. (1) A Deputy Municipal Commissioner or Assistant Municipal

duties of Commissioner shall, subject to the orders of the Commissioner, exercise
Deputy or
Assistant such of the powers and perform such of the duties of the Commissioner as
Municipal the Commissioner shall from time to time depute to him:
Commissioner.

1
These words were inserted by Mah. 28 of 1990, s. 4.
1949 : LIX] Maharashtra Municipal Corporations Act 57

Provided that the Commissioner shall inform the Corporation of the

powers and duties which he from time to time deputes to a Deputy Municipal
Commissioner or Assistant Municipal Commissioner.
(2) All acts and things peformed and done by a Deputy Municipal
Commissioner or Assistant Municipal Commissioner during his tenure of
office and by virtue thereof shall for all purposes be deemed to have been
performed and done by the Commissioner.

50. (1) The Transport Manager and all officers appointed under section Conditions of
service of
45 shall, subject to the provisions of sub-section (2), devote their whole time
statutory
and attention to the duties of their respective offices and shall not engage in officers of
any other profession, trade or business whatsoever. Corporation.

(2) The Corporation may, subject to the regulations, permit the

Transport Manager or any other officer referred to in sub-section (1) to
perform while on duty or during leave a specified sevice or series of services
for a private person or body or for a public body, including a local authority
or for the Government and to receive remuneration therefor.
(3) The Transport Manager or any other officer referred to in sub-section
(1) shall be removable at any time from office for misconduct or for neglect of,
or incapacity for, the duties of his office on the votes of not less than one half
of the whole number of councillors.
(4) In all matters not otherwise provided for in this Act, the conditions
of service of the Transport Manager and other officers specified in sub-section
(1) shall be regulated by the regulations.
Other Officers and Servants.

51. (1) Subject to the provisions of sub-section (4), the Standing Number,
Committee shall from time to time determine the number, designations, designations,
grades, etc. of
grades, salaries, fees and allowances of auditors, assistant auditors, officers, other
clerks and servants to be immediately subordinate to the Municipal Chief municipal
officers and
Auditor and the Municipal Secretary respectively.
servants.
(2) The Commissioner shall, from time to time, prepare and bring before
the Standing Committee a statement setting forth the number, designations
and grades of the other officers and servants who should in his opinion be
maintained, and the amount and nature of the salaries, fees and allowances
which he proposes should be paid to each.
(3) The Standing Committee shall, subject to the provisions of sub-
section (4), sanction such statement either as it stands or subject to such
modifications as it deems expedient.
[(4) No new posts of the officers and servants of the Corporation shall
1

be created without the prior sanction of the State Government:

Provided that, the decision of the Government on a proposal complete
in all respects, received from the Corporation for creation of posts shall be
communicated to the Corporation within ninety days from the date of the
receipt of such proposal by the Government.]
1
Sub-section (4) was substituted by Mah. 32 of 2011, s. 21 (a).
58 Maharashtra Municipal Corporations Act [1949 : LIX

(5) Nothing in this section shall be construed as affecting the right of

the Corporation or of the Commissioner to make any temporary appointment
which it or he is empowered to make under section 53.
[Explanation.—Any revision of pay scale or pay structure or grant of
1

special pay, or grade, or revision of allowances (excluding dearness allowance)

or change in designation shall be deemed, for the purposes of sub-section (4),
to be the creation of a new post.]
Restriction on 52. No permanent officer or servant shall be entertained in any
employment
of permanent
department of the municipal administration unless he has been appointed
officers and under section 40 or 45, or his office and emoluments are covered by sub-
servants.
section (1) of section 51 or are included in the statement sanctioned under
sub-section (3) of section 51 and for the time being in force.
Power of 53. (1) The power of appointing municipal officers, whether temporary
appointment
in whom to
or permanent, 2[to the posts equivalent to or higher in rank than the post of
vest. the Assistant Municipal Commissioner] shall vest in the Corporation:
Provided that temporary appointments for loan works 3[to the posts
equivalent to or higher in rank than the post of the Assistant Municipal
Commissioner] may be made for a period of not more than six months by the
Commissioner with the previous sanction of the Standing Committee on
condition that every such appointment shall forthwith be reported by the
Commissioner to the Corporation and no such appointment shall be renewed
on the expiry of the said period of six months without the previous sanction
of the Corporation.
(2) Save as otherwise provided in sub-section (1), the power of appointing
municipal officers and servants, whether temporary or permanent, under
the immediate control of the Municipal Chief Auditor and the Municipal
Secretary shall vest in the Municipal Chief Auditor or the Municipal Secretary,
as the case may be, subject, in either case, to the approval of the Standing
Committee unless the said Committee in any particular case or class of cases
dispenses with this requirement.
(3) Save as otherwise provided in this Act, the power of appointing
municipal officers and servants whether permanent or temporary vests in
the Commissioner:
Provided that such power in respect of permanent appointments shall
be subject to the statement for the time being in force prepared and sanctioned
under section 51 :
Provided further that no temporary appointment shall be made by the
Commissioner for any period exceeding six months and no such appointment
1
Explanation was substituted, by Mah. 32 of 2011, s. 21 (b).
2
These words were substituted for the words “ whose minimum monthly salary exclusive of
allowances is or exceeds four hundred rupees ” by Mah. 32 of 2011, s. 22 (a) (i).
3
These words were substituted for the words “ carrying a monthly salary of rupees four hundred
or more exclusive of allowaness” by Mah. 32 of 2011, s. 22 (a) (ii).
1949 : LIX] Maharashtra Municipal Corporations Act 59

1
[carrying a salary equivalent to higher in rank than the post of clerk] shall
be renewed by the Commissoner on the expiry of the said period of six months
without the previous sanction of the Standing Committee.
54. (1) There shall be a Staff Selection Committee consisting of the Manner of
Commissioner or any other officer designated by him in this behalf, the making
appointments.
Municipal Chief Auditor, the Head of the Department concerned and not
more than one other officer nominated by the Commissioner.
(2) The Staff Selection Committee shall, in the manner prescribed in
the rules, select candidates for all appointments in the municipal service
other than appointment referred to in sub-section (1) of section 53 and other
than those which the Corporation may, with the previous approval of the
2
[State] Government, by order specify in this behalf, unless it is proposed to
fill the appointment from amongst persons already in municipal service or
unless the appointment is of a temporary character and is not likely to last
for more than six months.
(3) Every authority competent to make appointments in the municipal
service shall make appointments of the candidates so selected in accordance
with the directions given by the Staff Selection Committee.
(4) With reference to officers and servants appointed under
Chapter XX, the provisions of this section shall apply as if for the word
“Commissioner” the words “Transport Manager” had been substituted.
(5) Subject to the provisions of this section, any appointment of a
municipal officer or servant shall be made in the manner prescribed in the
rules, save as expressly provided therein.

55. Nothing in section 51, 52 and 53 shall apply to officers and servants Saving in
appointed under the provisions of Chapter XX. respect of
officers and
servants
appointed
under
Chapter XX.
Imposition of penalties.
56. (1) A competent authority may subject to the provisions of this Act Imposition of
impose any of the penalties specified in sub-section (2) on a municipal officer penalties on
municipal
or servant if such authority is satisfied that such officer or servant is guilty officers and
of a breach of departmental rules or discipline or of carelessness, neglect of servants.
duty or other miscounduct or is incompetent:
Provided that,—
(a) no municipal officer or servant 3[holding the post equivalent to
or higher in rank than the post of the Assistant Commisioner] shall be
dismissed by the Commissioner without the previous approval of the
4
[Corporation].
5
[(b) any officer or servant whether appointed by the Corporation
or any other competent authority, except Transport Manager being a
1
These words were substituted for the words “ carrying a monthly salary of more than one
hundred rupees exclusive of allowances ” by Mah. 32 of 2011, s. 22 (b).
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
These words were substituted for the words “ where monthly salary exclusive of allowances
exceeds one thousand rupees ” by Mah. 32 of 2011, s. 23 (a) (i).
4
This word was substituted for the words “Standing Committee” by Mah. 32 of 2011, s. 23 (a) (ii).
5
Clause (b) was substituted by Mah. 12 of 1993, s. 14(b).
H 610—11
60 Maharashtra Municipal Corporations Act [1949 : LIX

Government officer on deputation, may be suspended by the Commis-

sioner pending an order of the Corporation and when the officer so sus-
pended is the Transport Manager or an officer appointed under section
45, such suspension with reasons therefor, shall, forthwith be reported
by the Commissioner to the Corporation, and such suspension shall come
to an end if not confirmed by the Corporation within a period of six
months from the date of such suspension :
Provided that, such suspension of an officer or servant pending in-
quiry into the allegations against such officer or servant shall not be
deemed to be a penalty.]
(c) the Commissioner may impose any of the penalties specified in
clauses (a), (b) 1 * 2 [(e) and (f)] of sub-section (2) on any officer appointed
by the Corporation 3[other than the Transport Manager if he is a Gov-
ernment officer on deputation];
(d) the Municipal Chief Auditor and the Municipal Secretary may
impose any of the penalties specified in clauses (a), (b), (c), (d) and (e) of
sub-section (2) on any officer or servant immediately subordinate to them
4
* * * * * subject to a right of appeal to the Standing Committee
and the Standing Committee may impose any other penalty on any such
officer or servant and may also impose any penalty on any other officer
or servant immediately subordinate to the Municipal Chief Auditor or
the Municipal Secretary.
5
[Explanation.—For the purposes of this section and section 53, a post
shall be deemed to be a rank equivalent to another post if the minimum
and maximum pay in the pay scale of both the posts are same. A post shall
be deemed to be of a rank higher than another post, if the mimimum pay in
pay scale of former is at least equivalent to the later, but the maximum is
higher than the later. In respect of the pay structure, a post shall be deemed
to be of a rank equivalent to, or higher than another post, if the grade pay
in pay structure of the former is equivalent to or higher than the later,
respectively.]
(2) The penalties which may be imposed under this section are the
following, namely :—
(a) censure ;
(b) with holding of increments or promotion including stoppage at
an efficiency bar ;
(c) reduction to a lower post or time-scale, or to a lower stage in a
time-scale ;
(d) fine ;
(e) recovery from salary of the whole or part of any pecuniary loss
caused to the Corporation ;
1
The brackets and letter “(c)” were deleted by Mah. 12 of 1993, s. 14(c) (i).
2
These brackets, letters and words were substituted for the word, brackets and letter “and (e) ”,
by, Mah. 12 of 1993, s. 14(c) (ii).
3
These words were substituted for the words and figures “other than the Transport Manager or
an officer appointed under section 45”, ibid., s. 14(c) (iii).
4
The words ‘‘ and drawing monthly salary not execeeding rupees one hundred and fifty, exclusive
of allowances” were deleted, ibid., s. 14 (d).
5
Explanation was added by Mah. 32 of 2011, s. 23(b).
1949 : LIX] Maharashtra Municipal Corporations Act 61

(f) suspension ;
(g) removal from municipal service which does not disqualify from
future employment ;
(h) dismissal from municipal service which ordinarily disqualifies
from future employment.

(3) No officer or servant shall be reduced to a lower post or removed or

dismissed from service under this section unless he has been given a
reasonable opportunity of showing cause against such reduction, removal or
dismissal :

Provided that this sub-section shall not apply,—

(a) where a person is reduced, removed or dismissed on the ground
of conduct which has led to his conviction on a criminal charge ; or
(b) where the competent authority is satisfied that, for reasons to
be recorded in writing by such authority, it is reasonably practicable to
give that person an opportunity of showing cause.

(4) Subject to the provisions of clause (d) of the proviso to sub-section

(1), any municipal officer or servant who is reduced, removed or dismissed
by any authority other than the Corporation may, within one month of the
communication to him of the order of reduction, removal or dismissal, appeal
to the authority immediately superior to the authority which imposed the
penalty and the appellate authority may, after obtaining the remarks of the
authority which imposed the penalty, either confirm the order passed or
substitute for it such order as it considers just, including an order for the
imposition of some lesser penalty, and effect shall forthwith be given to any
order passed by the appellate authority which shall be conclusive :

Proided that for the purposes of this sub-section the Standing Committee
shall be deemed to be the authority immediately superior to the Commissioner
and the Corporation shall be deemed to be the authority immediately superior
to the Standing Committee.

(5) With reference to officers and servants appointed under Chapter XX

the provisions of this section shall apply as if for the word ‘‘ Commissioner ’’
the words ‘‘ Transport Manager’’ and for the words ‘‘Standing Committee’’
the words ‘‘Transport Committee’’ had been substituted.

Explanation.—(1) For the purposes of this section a competent authority

is the authority which under the provisions of this Act is competent to make
the appointment to the post held by the particular municipal officer or servant.

(2) The monthly salary which would ordinarily be admissible to a

municipal officer or servant on the date immediately preceding the date of
the order imposing a penalty shall be deemed to be his salary for the purposes
of the proviso to sub-section (1).
H 610—11a
62 Maharashtra Municipal Corporations Act [1949 : LIX

Leave of absence, acting appointments, etc.

Leave of 57. (1) Leave of absence may be granted subject to the regulations by
absence.
the Commissioner to any municipal officer or servant whom he has the power
of appointing and for a period not exceeding one month to any other municipal
officer, other than the Transport Manager, officers and servants immediately
subordinate to the Municipal Chief Auditor or the Municipal Secretary and
officers and servants appointed under Chapter XX.
(2) Leave of absence may be granted by the Municipal Chief Auditor or
the Municipal Secretary, as the case may be, to a clerk or servant immediately
subordinate to him and receiving a monthly salary, exclusive of allowances,
not exceeding one hundred and fifty rupees.

(3) Leave of absence may be granted by the Standing Committee to any

officer or servant not covered by sub-section (1) or sub-section (2) excepting
the Transport Manager and officers and servants appointed under the
provisions of Chapter XX.

Acting 58. (1) The appointment of a person to act in the place of an officer
appointments.
absent on leave may be made when necessary and subject to the regulations
by the authority granting the leave of absence :
Provided that—
(a) when an officer appointed under section 45 is granted leave of
absence for a period exceeding one month, the appointment of a person
to act for him shall be made by the Corporation and, excepting an ap-
pointment to act for the Municipal Secretary, shall be reported forthwith
to the 1[State] Government ;
(b) any appointment reported to the 1[State] Government under
clause (a) may be disallowed by it and from the time of being so disal-
lowed shall be null and void as from the date of the receipt by the Corpo-
ration of the order of the 1[State] Government.
(2) A person appointed under this section to act for any officer or servant
shall, while so acting, perform the same duties and exercise the same powers
and be subject to the same liabilities, restrictions and conditions which such
officer or servant is bound to perform or may exercise or to which such officer
or servant is liable.

Disqualification of municipal officers and servants.

Disqualification 59. (1) Any person who has, directly or indirectly, by himself or his
of municipal
officers and
partner, any share or interest in any contract with, by, or on behalf of the
servants. Corporation, 2* * * * * * * shall be disqualified for being
a municipal officer or servant.
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
The words ‘‘ or in any employment, with, by, or on behalf of the Corporation other than as a
municipal officer or servant ” were deleted by Mah. 42 of 1977, s. 7(a).
1949 : LIX] Maharashtra Municipal Corporations Act 63

(2) Any municipal officer or servant who shall acquire, directly or

indirectly, by himself or his partner, any share or interest in any such contract,
1
* * * as aforesaid shall cease to be a municipal officer or servant
and his office shall become vacant.

(3) Nothing in this section shall apply to any such share or interest in
any contract 2* * * with, by, or on behalf of the Corporation as under sub-
clause (ii) or (iv) of clause (b) of sub-section (2) of section 10, it is permissible
for a councillor to have, without his being thereby disqualified for being a
councillor.

Explanation.—The expression “municipal officer” includes the Transport

Manager appointed under section 40 and any person appointed to act for the
Transport Manager under section 41.
3
[59A. Notwithstanding anything contained in section 53 or any other Sanction for
prosecution of
provisions of this Act, the Commissioner shall be competent to sanction officers and
prosecution of any officer or servant of the Corporation which has been sought servants of
Corporation.
by the Police or any other Government agency. The Commissioner shall inform
about grant of any such sanction to the Municipal Corportation in the next
ensuing meeting of the Corporation].

60. (1) Any municipal officer or servant occupying any premises Occupation of,
and liability
provided by the Corporation for his residence,— to vacate,
premises
(a) shall occupy the same subject to such conditions and terms as provided by
may, generally or in special cases, be prescribed by the Corporation, Corporation
for municipal
and officers and
servants.
(b) shall, notwithstanding anything contained in any law for the
time being in force, vacate the same on his resignation, dismissal, re-
moval or retirement from the service of the Corporation or whenever
the Commissioner, with the approval of the Corporation, thinks it nec-
essary and expedient to require him to do so.

(2) If any person who is bound or required under sub-section (1) to vacate
any premises fails to do so, the Commissioner may order such person to vacate
such premises and may take such measures as will prevent him from
remaining on or again entering on the premises.

(3) With reference to a municipal officer or servant appointed under

Chapter XX, the provisions of this section shall apply as if for the word
“Commissioner” the words “Transport Manager” had been substituted.

1.
The words “non employment ” were deleted by Mah. 42 of 1977, s. 7(b).
2.
The words “or employment” were deleted by Mah. 42 of 1977, s. 7(c).
3.
Section 59A was inserted by Mah. 29 of 2011, s. 4.
64 Maharashtra Municipal Corporations Act [1949 : LIX

1
[CHAPTER IV-A.

DISCLOSURE OF SPECIFIED INFORMATION.

Disclosure of
60A. (1) The Corporation shall maintain and publish all its record duly
specified
information. catalogued and indexed in a manner, and form which enables the Corporation
to disclose the information specified in sub-section (3).

(2) The manner of disclosure of information shall include the publication

of the information,—

(i) in News papers ;

(ii) on Internet ;

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

as Ward Offices ;

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

Provided that, the information shall be disclosed in the language in
which it is available with the Corporation.

(3) The Corporation shall be required to disclose the following

information, namely :—

(i) particulars of the Corporation ;

(ii) a statement showing the boards, councils, committees and other

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

(iii) a directory of its officers and employees ;

(iv) the particulars of officers who are empowered to grant

concessions, permits or authorisations for any activity of the
Corporation ;

(v) audited financial statements showing Balancesheet, Receipts

and Expenditures, and cash flow on a quarterly basis, within two months
of end of each quarter, and audited financial statements for the full
financial year, within three months of the end of the financial year ;

1
Chapter IV-A was inserted by Mah. 33 of 2007, s. 3.
1949 : LIX] Maharashtra Municipal Corporations Act 65

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

Corporation ;

(vii) particulars of all plans, proposed expenditures, actual

expenditures on major services provided or activities performed and
reports on disbursements made;

(viii) details of subsidy programmes on major services provided or

activities performed by the Corporation, and manner and criteria of
indentification of beneficiaries for such programmes ;

(ix) particulars of the master plan, city development plan or any

other plan concerning the development of the municipal area ;

(x) the particulars of major works, as may be specified by notification

by the State Government, in the Official Gazette, together with
information on the value of works, time of completion and details of
contract ;
(xi) the details of the municipal funds, i.e. income generated in the
previous year by the following :—

(a) taxes, duties, cess and surcharge, rent from the properties,
fees from licenses and permissions ;

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

(c) share of taxes levied by the State Government and

transferred to the Corporation and the grants released to the
Corporation ;

(d) grants released by the State Government for

implementation of the schemes, projects and plans assigned or
entrusted to the Corporation, the nature and extent of utilization ;

(e) money raised through donation or contribution from public

or non-governmental agencies ;

(xii) annual budget allocated to each ward ;

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

66 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER V.

ESSENTIAL SERVICES.
Members of 61. (1) No member of an essential service shall,—
essential
services not to
(a) without the written permission of the Commissioner or any
resign, etc.,
without
permission.
officer authorised by him in this behalf, resign his office, withdraw or

absent himself from the duties thereof without at least two months’ notice

given in writing to the Commissioner, except in the case of illness or

accident disabling him for the discharge of his duties, or other reason

accepted as sufficient by the Commissioner or such officer, or

(b) neglect or refuse to perform his duties or willfully perform them

in a manner which, in the opinion of the Commissioner or such officer, is

inefficient.

(2) With reference to a member of an essential service who is appointed

under Chapter XX, the provisions of this section shall apply as if for the

word “Commissioner” the words “Transport Manager” had been subsitituted.

Power of 62. If the 1[State] Government is of the opinion that the stoppage or the
1
[State]
Govenment to cessation of the performance of any of the essential services will be prejudicial
declare
emergency. to the safety or health or the maintenance of services essential to the life of

the community in the City, it may, by notification in the Official Gazette,

declare that an emergency exists in the City and that in consequence thereof

no member of such of the essential services and for such period as may be

specified in the notification shall, notwithstanding any law for the time being

in force or any agreement,—

(a) withdraw or absent himself from his duties except in the case

of illness or accident disabling him from the discharge of his duties, or

(b) neglect or refuse to perform his duties or willfully perform them

in a manner which in the opinion of such officer as the 1 [State]

Government may specify in this behalf is inefficient.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws
Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 67

CHAPTER VI.
DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES AND OFFICERS.
Obligatory and Discretionary Duties of the Corporation.
63. It shall be incumbent on the Corporation to make reasonable and Matters to be
provided for
adequate provision, by any means or measures which it is lawfully competent
by the
to it to use or to take, for each of the following matters, namely :— Corporation.

(1) erection of substantial boundary marks of such description and

in such positions as shall be approved by the 1[State] Government
defining the limits or any alteration in the limits of the City ;
2
[(1a) planning for social and economic development ;
(1b) urban forestry, protection of the environment and promotion
of ecological aspects ;]
(2) the watering, scavenging and cleansing of all public streets and
places in the City and the removal of all sweepings therefrom ;
(3) the collection, removal, treatment and disposal of sewage,
offensive matter and rubbish and, if so required by the 1[State]
Govenment, the preparations of compost manure from such sewage,
offensive matter and rubbish ;
(4) the construction, maintenance and cleansing of drains and
drainage work and of public latrines, water-closets, urinals and similar
conveniences ;
(5) the entertainment of a fire-brigade equipped with suitable
appliances for the extinction of fires and the protection of life and
property against fire ;
(6) the construction or acquisition and maintenance of public
hospitals and dispensaries including hospitals for the isolation and
treatment of persons suffering or suspected to be infected with a
contagious or infectious disease and carrying out other measures
necessary for public medical relief ;
(7) the lighting of public streets, municipal markets and public
buildings vested in the Corporation ;
(8) the maintenance of a municipal office and of all public
monuments and open spaces and other property vesting in Corporation ;
(9) the naming or numbering of streets and of public places vesting
in the Corporation and the numbering of premises ;
(10) the regulation and abatement of offensive and dangerous trades
or practices ;
(11) the maintenance, change and regulation of places for the
disposal of the dead and the provision of new places for the said purpose
and disposing of unclaimed dead bodies ;
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
These clauses were inserted by Mah. 41 of 1994, s. 65.
H 610—12
68 Maharashtra Municipal Corporations Act [1949 : LIX

(12) the construction or acquisition and maintenance of public

markets and slaughter-houses and the regulation of all markets and
slaughter-houses ;
(13) the construction or acquisition and maintenances of cattle-
ponds ;
(14) public vaccination in accordance with the provisions of the Bom. I
of
*
Bombay District Vaccination Act, 1892 ;
1892.
(15) maintaining, aiding and suitably accommodating Schools for
primary education;
(16) the reclamation of unhealthy localities, the removal of noxious
vegetation and generally the abatement of all nuisances ;
(17) the registration of births and deaths ;
(18) the construction, maintenance, alteration and improvement of
public streets, bridges, sub-ways, culverts, cause-ways and the like ;
(19) the removal of obstructions and projections in or upon streets,
bridges, and other public places ;
(20) the management and maintenance of all municipal water works
and the construction or acquisition of new works necessary for a sufficient
supply of water for public and private purposes ;
(21) preventing and checking the spread of dangerous diseases ;
(22) the securing or removal of dangerous buildings and places ;
(23) the construction and maintenance of residential quarters for
the municipal conservancy staff;
(24) fulfilment of any obligation imposed by or under this Act or
any other law for the time being in force ;
(25) subject to adequate provision being made for the matters
specified above, the provision of relief to destitute persons in the City
in times of famine and scarcity and the establishment and maintenance
of relief works in such times.
Corporation 64. The Corporation shall make payments at such rates and subject to
to provide for
such conditions as the 1[State] Government from time to time by general or
anti-rabic
treatment. special order prescribes, for the maintenance and treatment in any institution
which the 1[State] Government declares by notification in the Official Gazette
to be suitable for the purpose either within or without the City and for other
necessary expenses of persons undergoing anti-rabic treatment as indigent
persons according to the rules applicable to such institutions :
Provided that the Corporation shall not be liable under this section for
the maintenance, treatment and other expenses of any person undergoing
anti-rabic treatment as an indigent person in any such institution as aforesaid,
unless such person immediately previous to his admission thereto has been
resident in the City for at least one year and has proceeded to such institution
from the City.

* See, now the Maharashtra Vaccination Act, 1964 (Mah. XXXVII of 1964).
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 69

65. (1) The Corporation shall make payments at such rates for each Corporation
to provide for
person as the 1[State] Government from time to time by general or special maintenance
order prescribes for the maintenance and treatment at any asylum, hospital of lunatics
or house, within or without the City, which the 1[State] Government declares and lepers.
by notification in the Official Gazette, to be suitable for the purpose of pauper
lunatics, not being persons for whose confinement an order under Chapter
V of XXXIV of the *Code of Criminal Procedure, 1898, is in force and of lepers
1898.
resident within, or under any enactment for the time being in force removed
from, the City :
Provided that the Corporation shall not be liable under this section for
the maintenance and treatment of any lunatic or leper in any such asylum,
hospital or house as aforesaid, unless such lunatic or leper immediately
previous to his admission thereto has been resident in the City for at least
one year :
Provided further that the rates prescribed by the 1[State] Government
under this section shall not exceed half the total cost of maintenance and
treatment incurred for each person on account of the lunatics for whose
maintenance and treatment the Corporation shall be liable under this section:
Provided also that where an application is made to the Court under
IV of section 88 of the Indian Lunacy Act, 1912, no order for the payment of the
1912. cost of maintenance of the lunatic by the Corporation shall be made without
an opportunity being given to the Corporation to show that the lunatic is not
pauper and has an estate applicable to his maintenance or that there is a
person legally bound and having the means to maintain him.
(2) The Officer in charge of an asylum, hospital or house to which lunatics
or lepers for whose maintenance and treatment the Corporation is liable
under this section are admitted shall maintain a clear account of the cost of
maintenance and treatment incurred on account of such persons detained in
the asylum, hospital or house and shall furnish a copy thereof to the
Corporation.
66. The Corporation may, in its discretion, provide from time to time, Matters which
either wholly or partly, for all or any of the following matters, namely :— may be
provided for
(1) the organisation, maintenance or management of institutions by
Corporation
within or without the City for the care of persons who are infirm, sick or at its
incurable, or for the care and training of blind, deaf, mute or otherwise discretion.
disabled persons or of handicapped children;
2
[(1A) slum improvement and upgradation ;
(1B) urban poverty alleviation ;
(1C) cattle pounds and prevention of cruelty to animals ;
(1D) regulation of tanneries ;]
(2) the organisation, maintenance or management of maternity and
infant welfare homes or centres ;
* See now the Code of Criminal Procedure, 1973 (2 of 1974).
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
These clauses were inserted by Mah. 41 of 1994, s. 66.
H 610—12a
70 Maharashtra Municipal Corporations Act [1949 : LIX

(3) the provision of milk to expectant or nursing mothers or infants

or school children ;
(4) the organisation, maintenance or management of chemical or
bacteriological laboratories for the examination or analysis of water,
food or drugs, for the detection of diseases or for researches connected
with public health ;
(5) swimming pools, public wash houses, bathing places and other
institutions designed for the improvement of public health ;
(6) dairies or farms within or without the City for the supply,
distribution and processing of milk or milk products for the benefit of
the residents of the City ;
(7) the construction and maintenance in public streets or places of
drinking fountains for human beings and water-troughs for animals ;
(8) the planting and maintenance of trees on road sides and
elsewhere ;
(9) the provision of music for the people ;
(10) the provision of public parks, gardens, play-grounds and
recreation grounds ;
(11) the holding of exhibitions, atheletics or games ;
(12) the regulation of lodging houses, camping grounds and rest
houses in the City ;
(13) the maintenance of an ambulance service ;
(14) the construction, establishment and maintenance of theatres,
rest-houses, other public buildings ;
(15) the organisation or maintenance, in times of scarcity, of shops
or stalls for the sale of necessaries of life ;
(16) the building or purchase and maintenance of dwellings for
municipal officers and servants ;
(17) the grant of loans for building purposes to municipal servants
1
* * * on such terms and subject to such conditions as may be prescribed
by the Corporation ;
(18) any other measures for the welfare of municipal servants or
any class of them ;
(19) the purchase of any undertaking for the supply of electric
energy or gas or the starting or subsidising of any such undertaking
which may be in the general interest of the public ;
(20) the construction, purchase, organisation, maintenance or
management of light, railways, tramways, trackless trams, or motor
transport facilities for the conveyance of the public or goods within or
without the City ;
(21) the furtherence of educational objects other than those
mentioned in clause (15) of section 63 and making grants to educational
institutions within or without the City ;
(22) the establishment and maintenance or the aiding of libraries,
museums and art galleries, botanical or zoological collections and the
purchase or construction of buildings therefor ;
1
The words “drawing a monthly salary of not more than four hundred rupees” were deleted by
Mah. 27 of 1975, s. 2.
1949 : LIX] Maharashtra Municipal Corporations Act 71

(23) the construction or maintenance of infirmaries or hospitals for

animals ;
(24) the destruction of birds or animals causing a nuisance, or of
vermin, and the confinement or destruction of stray or ownerless dogs ;
(25) contributions towards any public fund raised for the relief of
human suffering within the City or for the public welfare ;
(26) the preparation or presentation of addresses to persons of
distinction;
(27) the registration of marriages ;
(28) the granting of rewards for information which may tend to
secure the correct registration of vital statistics ;
(29) paying the salaries and allowances, rent and other charges
incidental to the maintenance of the Court of any stipendiary magistrate
or any portion of such charges ;
(30) the acquisition and maintenance of grazing grounds and the
establishment and maintenance of a breeding stud ;
(31) establishing and maintaining a farm or factory for the disposal
of sewage ;
(32) supplying, constructing and maintaining, in accordance with
the general system approved by the Corporation, receptacles, fittings,
pipes and other appliances whatsoever on or for the use of premises for
receiving and conducting the sewage thereof into drains under the control
of the Corporation;
(33) granting rewards for information regarding the infringement
of any provisions of this Act, or of the rules, bye-laws, regulations or
standing orders;
(34) laying out whether in areas previously built upon or not, new
public streets and acquiring land for that purpose and land required for
the construction of buildings or curtileges thereof to abut on such street
or streets ;
(35) the building or purchase and maintenance of suitable dwellings
for the poor and working classes, or the grant of loans or other facilities
to any person, society or institution interested in the provision of such
dwellings;
(36) the provision of shelter to destitute or homeless persons and
any form of poor relief;
(37) the building or purchase and maintenance of sanitary stables,
or byres for horses, ponies or cattle used in hackney carriages or carts
or for milch-kine;
(38) surveys of buildings or lands ;
(39) measures to meet any calamity affecting the public in the
City ;
(40) making contributions to the funds of the Local Self Government
Institute Bombay;
72 Maharashtra Municipal Corporations Act [1949 : LIX

[(41) making any contribution towards any public reception,

1

ceremony or entertainment:

Provided that, the total expenditure on account of such contribution

during any official year shall not exceed rupees twenty-five thousand or
such higher amount as the State Government may, from time to time, by
notification published in the Official Gazette, specify in this behalf.]

[(41A) with the previous sanction of the State Government and

2

subject to such terms and conditions as the State Government may

impose, subscribing to the share capital of any company or co-operative
society, with a limited liability, established or to be established for
maintaining or setting up a slaughter house, or for providing any other
services in the City, useful to the Corporation in carrying out any of the
duties imposed upon it by or under this Act or any other law for the time
being in force ;]

(42) any measure not hereinbefore specifically named, likely to

promote public safety, health, convenience or instruction.
Performance [66A. When any duty has been imposed on, or any function has been
3
of functions by
agencies. assigned to, a Corporation under this Act or any other law for the time being
in force, or a Corporation has been entrusted with the implementation of a
scheme by the State Government or any other authority,—
(i) the Corporation may, either discharge such duty or perform such
function or implement such schemes by itself; or
(ii) subject to such directions as may be issued and the terms and
conditions as may be determined by the State Government, cause it to
be discharged, performed or implemented by any agency :
Provided that, the Corporation may also specify terms and
conditions, not inconsistent with the terms and conditions determined
by the State Government for such agency arrangement.]

Respective functions of the several Municipal Authorities.

Function of 67. (1) The respective functions of the several municipal authorities
the several
municipal shall be such as are specifically prescribed by or under this Act.
authorities.
(2) Except as otherwise expressly provided in this Act, the municipal
government of the City vests in the Corporation.
(3) Subject, whenever it is in this Act expressly so directed, to the
approval or sanction of the Corporation or the Standing Committee and
subject also to all other restrictions, limitations and conditions imposed by
this Act or by any other law for the time being in force, the entire executive
power for the purpose of carrying out the provisions of this Act and of any
1
Clause (41) was substituted for the original by Mah. 42 of 1977, s. 8.
2
Clause (41A) was inserted by Mah. 68 of 1975, s. 2.
3
Section 66A was inserted by Mah. 41 of 1994, s. 67.
1949 : LIX] Maharashtra Municipal Corporations Act 73

other Act for the time being in force which imposes any duty or confers any
powers on the Corporations vests in the Commissioner, who shall also—
(a) perform all the duties and exercise all the powers, specifically
imposed or conferred upon him by this Act or by any other law for the
time being in force ;
(b) prescribe the duties of, and exercise supervision and control
over, the acts and proceedings of all municipal officers and servants,
other than the Municipal Secretary and the Municipal Chief Auditor
and the municipal officers and servants immediately subordinate to them,
and subject to the regulations, dispose of all questions relating to the
service of the said officers and servants and their pay, privileges and
allowances ;
(c) in any emergency take such immediate action for the service or
safety of the public or the protection of the property of the Corporation
as the emergency shall appear to him to justify or to require
notwithstanding that such action cannot be taken under this Act without
the sanction, approval or authority of some other municipal authority
or of the 1[State] Government:
Provided that the Commissioner shall report forthwith to the
Standing Committee and to the Corporation the action he has taken and
his reasons for taking the same and the amount of cost, if any, incurred
or likely to be incurred in consequence of such action which is not
covered by a current budget-grant under the provisions of this Act;
(d) perform the duties and exercise the powers imposed or
conferred upon the Transport Manager by this Act in his absence or on
failure by him to perform or exercise the same.
(4) Subject, whenever expressly so directed in this Act, to the approval
of the Corporation or the Transport Committee and subject also to all other
restrictions, limitations and conditions imposed by this Act, the entire
executive power for the purpose of carrying out the provisions of Chapter
XX vests in the Transport Manager who shall also,—
(a) perform all the duties and exercise all the powers specifically
imposed or conferred upon him by this Act and perform such other duties
in connection with the Transport Undertaking as may be required of
him by the Transport Committee ;
(b) prescribe the duties of, and exercise supervision and control
over the acts and proceedings of all municipal officers and servants
appointed under Chapter XX and, subject to the regulations, dispose of
all questions relating to the service of the said officers and servants and
their pay, privileges and allowances ;
(c) in any emergency, take such immediate action for the protection
of human life or of the property of the Corporation or for the mainte-
nance of the service provided to the public by the Transport Undertak-
ings as the emergency shall appear to him to justify or require, report-
ing forthwith to the Transport Committee, when he has done so, the
1
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
74 Maharashtra Municipal Corporations Act [1949 : LIX

action he has taken and his reason for taking the same and the amount
of cost, if any, incurred, or likely to be incurred in consequence of such
action, which is not covered by a budget-grant under the provisions of
this Act.
Environment [67A. The Commissioner shall, before the thirty-first day of July every
1

Status year, place before the Corporation a report on the status of environment
Report.
within the city in respect of the last preceding official year covering such
matters, and in such manner as may be specified by the State Government
from time to time.]
Commissioner 68. (1) Any powers, duties and functions conferred or imposed upon or
to exercise
vested in the Corporation by any other law for the time being in force shall,
powers and
perform subject to the provisions of such law and to such restrictions, limitations and
duties of conditions as the Corporation may impose, be exercised, performed or
Corporation
discharged by the Commissioner.
under other
laws. (2) The Commissioner may with the approval of the Standing Committee
by order in writing empower any municipal officer to exercise, perform or
discharge any such power, duty or function under the control of the
Commissioner and subject to his revision and to such conditions and
limitations, if any, as he shall think fit to prescribe.
Municipal 69. (1) Subject to the provisions of sub-sections (2) and (3), any of the
officers may
be empowered
powers, duties or functions conferred or imposed upon or vested in the
to exercise Commissioner or the Transport Manager by or under any of the provisions of
certain of the this Act may be exercised, performed or discharged, under the control of the
powers, etc., of
the
Commissioner or the Transport Manager, as the case may be, and subject to
Commissioner his revision and to such conditions and limitations, if any, as may be prescribed
or the by rules, or as he shall think fit to prescribe in a manner not inconsistent
Transport
Manager. with the provisions of this Act or Rules, by any municipal officer whom the
Commissioner or the Transport Manager generally or specially empowers
by order in writing in this behalf; and to the extent to which any municipal
officer is so empowered the word “Commissioner” and the words “ Transport
Manager “ occurring in any provision in this Act, shall be deemed to include
such officer.
(2) The Commissioner shall not, except with the prior approval of the
Standing Committee, make an order under sub-section (1) affecting his powers,
duties or functions under any of the following sections, sub-sections and
clauses, namely :—
10 (1) (h), 12(1), 18(1), 26(2), 43(2), 43(4), 43(5), 51(2), 67(3)(b),
67(3)(d), 71(2), 73, 77, 78(1), 85, 86, 87, 90, 92(2), 94, 95, 121, 122, 125, 126,
130(1)(b), 131(1), 134, 137, 144, 152, 154, 160, 174, 176,177, 188, 195, 196,
197, 201, 205, 207, 208, 209, 210, 212, 213, 214, 216, 220, 224, 232, 243, 268,
269, 270, 272(2), 273, 274, 275(1), 277, 278, 281, 298, 300, 301, 303, 304,
305, 310, 317, 319, 321, 322, 323, 324, 325, 328, 329, 330, 331, 332, 363, 364,
371(2), 373, 386(2), 439(3), 439(4),441,442,445,466,481 except clause (a) of
sub-section (1).
(3) The Transport Manager shall not, except with the prior approval of
the Transport Committee, make an order under sub-section (1) affecting his
1
Section 67A was inserted by Mah. 41 of 1994, s. 68.
1949 : LIX] Maharashtra Municipal Corporations Act 75

powers, duties or functions under any of the following provisions,

namely:—

43(5), 67(b), 67(4)(c), 71(2), 73, 97, 344, 346, 348, 354, 355, 356, 358,
362, 481 except clause (a) of sub-section (1).

70. The Corporation may at any time call for any extract from any Corporation
may call for
proceedings of any Committee or sub-committee constituted under this Act, extracts from
and for any return, statement, account or report concerning or connected proceedings,
etc., from the
with any matter with which any such Committee or sub-committee is Standing
empowered by or under this Act to deal; and every such requisition shall be Committee,
etc.
complied with by the Committee or sub-committee, as the case may be, without
unreasonable delay.

71. (1) The Corporation may at any time require the Commissioner,— Corporation
may require
(a) to produce any record, correspondence, plan or other document Commissioner
to produce
which is in his possession or under his control as Commissioner, or which documents
is recorded or filed in his office or in the office of any municipal officer and furnish
returns,
or servant subordinate to him ; reports, etc.

(b) to furnish any return, plan, estimate, statement, account or

statistics concerning or connected with any matter appertaining to the
administration of this Act or the Municipal Government of the City;
(c) to furnish a report by himself or to obtain from any officer
subordinate to him and furnish, with his own remarks thereon, a report,
upon any subject concerning or connected with the administration of
this Act or the Municipal Government of the City.

(2) Except as is hereinafter provided, every such requisition shall be

complied with by the Commissioner without unreasonable delay ; and it shall
be incumbent on every municipal officer and servant to obey any order made
by the Commissioner in pursuance of any such requisition :

Provided that, if, on such requisitions as aforesaid being made, the

Commissioner shall declare that immediate compliance therewith would be
prejudicial to the interest of the Corporation or of the public, it shall be
lawful for him to defer such compliance until a time not later than the second
ordinary meeting of the Corporation after he shall have declared as aforesaid.

(3) If at such meeting, or any meeting subsequent thereto, the

Corporation shall repeat the requisition, and it shall then still appear to the
Commissioner inexpedient to comply therewith, he shall make a declaration
to that effect, whereon it shall be lawful for the Corporation to elect one
councillor who with the Mayor and the Chairman of the Standing Committee
or, if the Mayor is also Chairman of the Standing Committee, with the Mayor
and one member of its own body elected by the Standing Committee shall
H 610—13
76 Maharashtra Municipal Corporations Act [1949 : LIX

form a committee who shall engage to keep secret, save as hereinafter

provided, the existence and purport of such documents and matters as may
be disclosed them; and to whom the Commissioner shall be bound to make
known and to disclose all writings and matters within his knowledge, under
his control, or available to him, and embranced within the requisition.
(4) The said committee having taken cognizance of the information,
writings and matters so laid before them shall determine, by a majority in
case of difference, whether or not the whole or any part, and which part, if
any, of such matters ought to be disclosed to the Corporation or kept secret
for a defined time. Such decision, of the committee shall be conclusive and
shall be reported to the Corporation at the next ordinary meeting thereof,
where also the Commissioner shall be bound to produce documents and to
make any report or statement requisite to give effect to the decision of the
committee when called on to do so by the Corporation.
(5) In their application to matters relating to the Transport Undertaking
the provisions of sub-sections (1) to (4) shall have effect as if for the word
“ commissioner ” the words “ Transport Manager ” and for the words “ Standing
Committee ” the words “Transport Committee” had been substituted.
Exercise of 72. The exercise by any municipal authority of any power conferred or
powers to be the performance of any duty imposed by or under this Act which will involve
subject to
sanction by expenditure shall, except in any case specified in sub-section (2) of section 86
Corporation of or in sub-section (2) of section 355, be subject to the conditions that—
the necessary
expenditure. (a) such expenditure so far as it is to be incurred in the official year
in which such powers exercised or duty performed, is provided for under
a current budget grant; and
(b) if the exercise of such power or the performance of such duty
involves or is likely to involve expenditure for any period or at any time
after the close of the said official year, the sanction of the Corporation is
taken before liability for such expenditure is incurred.
1
[Prevention of delay in discharge of official duties.
Citizens’ 72A. (1) The Commissioner shall prepare and publish Citizens’
Charter.
Charter, a list of facilities or services rendered by the office or Department
of the Corporation, together with the time limit for providing such facilities
or services to the general public, within a period of six months from the date Mah.
of commencement of the Maharashtra Municipal Corporations and Municipal XXIX of
2011.
Councils (Second Amendment) Act, 2010.
(2) If no final decision is taken within the period specified in the Citizens’
Charter by the concerned authorities, the responsibilty for inaction shall be
fixed on them and an action mentioned in the relevant Act, rules or regulations
shall be taken against them.
Delegation of 72B. (1) The Commissioner shall publish the list of powers delegated
powers. to the subordinate officers working under him, for taking final decision.
(2) The Commissioner shall determine, as far as possible, four or less
number of levels of submission for any matter to reach the concerned Statutory
Committee or the Authority competent to take final decision in the matter,
in any office or Department in the Corporation.
1
This heading and sections 72A to 72D were inserted by Mah. 29 of 2011, s. 5.
1949 : LIX] Maharashtra Municipal Corporations Act 77

(3) Lists of powers delegated to the subordinate officers and the levels
of submission shall be prepared and published within one year from the date
Mah. of commencement of the Maharashtra Municipal Corporations and Municipal
XXIX of Councils (Second Amendment) Act, 2010, and shall be updated on the 1st
2011.
April of every suceeding year.
72C. (1) Every Municipal Officer and servant shall be bound to Disciplinary
action.
discharge his official duties and the official work assigned or pertaining to
him most diligently and as expeditiously as feasible :
Provided that, normally no file shall remain pending with any Municipal
Officer or servant in any Department or office under the Corporation for
more than seven working days :
Provided further that, immediate and urgent files shall be disposed of
by any Municipal Officer or servant as per the urgency of the matter, as
expeditiously as posssible, and preferably the immediate file in one day or
the next day morning and the urgent file in four days :
Provided also that, in respect of the files not required to be referred to
any other Department within the Corporation and not required to be
submitted to any Statutory Committee, the concerned Department of the
Corporation shall take the decision and necessary action in the matter within
forty-five days and in respect of the files required to be referred to any other
Department but not to any Statutory Committee, decision and necessary
action shall be taken within three months.
(2) Any willful or intentional delay or negligence in discharge of the
official duties or in carrying out the official work assigned or pertaining to
such Municipal Officer and servant shall amount to dereliction of official
duties and shall make such Municipal Officer or servant liable for appropriate
disciplinary action under the relevant disciplinary rules applicable to such
employees.
(3) The concerned competent authority, on noticing or on being brought
to its notice any such dereliction of duties on the part of any Municipal Officer
or servant, after satisfying itself about such dereliction on the part of such
Municipal Officer or servant shall, take appropriate disciplinary action
against such defaulting Municipal Officer or servant under the relevant
disciplinary rules including taking entry relating to such dereliction of duty
in the Annual Confidential Report of such Municipal Officer or servant.
72D. Nothing in section 72C shall apply to,— Non-
application of
(i) sub-judice matters; provisions of
section 72C in
(ii) cases referred to Lokayukta or Upa-Lokayukta and other Con- certain.
stitutional institutions, Commissions, etc.;
(iii) quasi-judicial matters ;
(iv) cases related to the Central or other State Governments ;
(v) cases related to Legislation; and
(vi) cases involving major policy decisions.]
H 610—13a
78 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER VII.
CONTRACTS.
Power to 73. With respect to the making of contracts under or for any purpose
Commissioner of this Act, including contracts relating to the acquisition and disposal of
to execute
immovable property or any interest therein, the following provisions shall
contracts on
behalf of have effect, namely :—
Corporation. (a) every such contract shall be made on behalf of the Corporation
by the Commissioner ;
(b) no such contract for any purpose which, in accordance with any
provision of this Act, the Commissioner may not carry out without the
approval or sanction of some other municipal authority, shall be made
by him until or unless such approval or sanction has first been duly given ;
1
[(c) no contract, other than a contract relating to the acquisition of
immovable property or any interest therein or any right thereto, which
will involve an expenditure exceeding rupees twenty-five lakhs but not
exceeding rupees fifty lakhs shall be made by the Commissioner, unless
the same is previously approved by the Mayor. However, the total amount
of all contracts approved by the Mayor shall not exceed rupees two crores
and fifty lakhs during a year. Subject to the above, for any contract which
involves an expenditure in excess of rupees twenty-five lakhs, the
previous approval of the Standing Committee shall be necessary :
Provided that, notwithstanding anything contained in Schedule ‘D’,
in Chapter II, in rule 3, in clause (k), where the approval of the Standing
Committee is sought by the Commissioner for any contract, the Standing
Committee shall consider and dispose of the proposal made by the
Commissioner in that behalf within fifteen days reckoned from the date
of the meeting of the Standing Committee held immediately after the
proposal is received by it, whether the item pertaining to such proposal
is taken on the agenda of such meeting or not, failing which the approval
to such contract shall be deemed to have been given by the Standing
Committee and a report to that effect shall be made by the Commissioner
to the Corporation;]
(d) every contract made by the Commissioner involving an
expenditure exceeding 2[five lakhs rupees] and not exceeding 3[twenty-
five lakh rupees] or such higher amount as may for the time being be
prescribed under clause (c) shall be reported by him, within fifteen days
after the same has been made, to the Standing Committee ;
(e) the foregoing provisions of this section shall, as far as may be,
apply to every contract which the Commissioner shall have occasion to
make in the execution of this Act; and the same provisions of this section
which apply to an original contract shall be deemed to apply also to any
variation or discharge of such contract.
Mode of 74. (1) The mode of executing contracts under this Act shall be as
executing prescribed by rules.
contracts.
(2) No contract which is not made in accordance with the provisions of
this Act and the rules shall be binding on the Corporation.
Contracts 75. For the purpose of contracts relating exclusively to the Transport
relating to
Undertaking the provisions of section 73 and those of Chapter V of the
Transport
Undertaking.
Schedule shall apply as if for the word “Commissioner” wherever it occurs
the words “Transport Manager” and for the words “Standing Committee”
wherever they occur the words “Transport Committee” had been substituted.
1
Clause (c) was substituted by Mah. 32 of 2011, s. 24 (a).
2
These word were substituted for the words “fifty thousand” by Mah. 32 of 2011,
s. 24(b) (i).
3
These words were substituted for the words ‘‘ten lakhs’’, by Mah. 32 of 2011, s. 24(b) (ii).
1949 : LIX ] Maharashtra Municipal Corporations Act 79

CHAPTER VIII.

MUNICIPAL PROPERTY.

Acquisition of Property.
76. (1) The Corporation shall, for the purposes of this Act, have power Powers of
Corporation
to acquire and hold movable and immovable property or any interest therein as to
whether within or without the limits of the City. acquisition of
property.
(2) All immovable and other property, wherever situate, which on the
date immediately preceding the appointed day vested,—
(a) in any municipality or local authority which has been superseded
by or under this Act in consequence of the inclusion in the City of the area
for which it was constituted, or
(b) in 1[Government] by reason of the supersession or dissolution of
such municipality or local authority under any law relating to such
municipality or local authority,
shall upon and after the said day vest in and be held by the Corporation
having jurisdiction in such City as trustees for the purposes of this Act but
subject to all trusts, charges and liabilities affecting the same.

(3) All primary schools, with their lands, buildings, records and
equipment, and all other properties, movable or immovable, which on the
date immediately preceding the appointed day vested, under the provisions
Bom. of section 12 of the Bombay Primary Education Act, 1947, in the District
LXI of
1947. School Board of the district in which such City is situate in respect of any
area which is included in such City shall, upon and after the said day, vest in,
and be held by, the Corporation as trustees for the purposes of this Act, but
subject to all trusts, charges and liabilities affecting the same :

Provided that in the event of any question, dispute or doubt arising as to

whether any particular property shall so vest in and be held by the
Corporation, the matter shall be referred to the 2[State] Government whose
decision thereon shall be final.

(4) The 2[State] Government may, by order in writing, direct that any
immovable or other property situate in, or pertaining to and area included
within the limits of any City which, on the appointed day, was vested in a
local authority whose jurisdiction extended beyond such area shall vest in
and be held by the Corporation as trustees for the purposes of this Act, but
subject to all trusts, charges and liabilities affecting the same.

(5) Any immovable property which may be transferred to the

Corporation by the Government shall be held by it subject to such conditions,
including resumption by the Government on the occurrence of a specified
contingency, and shall be applied to such purposes as the Government may
impose or specify when the transfer is made.

l
This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950.
2
This word was substituted for the words “Provincial”, by the Adaptation of Laws Order, 1950.
80 Maharashtra Municipal Corporations Act [1949 : LIX
Acquisition of 77. (1) Whenever it is provided by this Act that the Commissioner may
immovable
property. acquire, or whenever it is necessary or expedient for any purpose of this Act
that the Commissioner shall acquire, any immovable property, such property
may be acquired by the Commissioner on behalf of the Corporation by
agreement on such terms and at such rates or prices or at rates or prices not
exceeding such maxima as shall be approved by the Standing Committee
either generally for any class of cases or specially in any particular case.
(2) Whenever, under any provision of this Act, the Commissioner is
authorised to agree to pay the whole or any portion of the expenses of
acquiring any immoveable property, he shall do so on such terms and at such
rates or prices or at rates or prices not exceeding such maxima as shall be
approved by the Standing Committee as aforesaid.
(3) The Commissioner may on behalf of the Corporation acquire by
agreement any easement affecting any immovable property vested in the
Corporation, and the provisions of sub-sections (1) and (2) shall apply to
such acquisition.
Procedure 78. (1) Whenever the Commissioner is unable under section 77 to
when
immovable acquire by agreement any immovable property or any easement affecting
property any immovable property vested in the Corporation or whenever any
cannot be
acquired by immovable property or any easement affecting any immovable property vested
agreement.
in the Corporation is required for the purposes of this Act, the 1[State]
Government may, in its discretion, upon the application of the Commissioner,
made with the approval of the Standing Committee and subject to the other
provisions of this Act, order proceedings to be taken for acquiring the same
on behalf of the Corporation, as if such property or easement land were
needed for a public purpose within the meaning of the *Land Acquisition Act, I of
1894. 1894.

(2) Whenever an application is made under sub-section (1) for the

acquisition of land for the purpose of providing a new street or for widening
or improving an existing street it shall be lawful for the Commissioner to
apply for the acquisition of such additional land immediately adjoining the
land to be occupied by such new street or existing street as is required for
the sites of buildings to be erected on either side of the street, and such
additional land shall be deemed to be required for the purposes of this Act.
(3) The amount of compensation awarded and all other charges incurred
in the acquisition of any such property, shall, subject to all other provisions
of this Act, be forthwith paid by the Commisioner and thereupon the said
property shall vest in the Corporation.
Disposal of Property.
Provision 79. With respect to the diposal of property belonging to the Corporation
governing the
disposal of other than property vesting in the Corporation exclusively for the purposes
Municipal
property.
l
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
*
Now see the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013).
1949 : LIX ] Maharashtra Municipal Corporations Act 81

of the Transport Undertaking the following provisions shall have effect,

namely :—
(a) the Commissioner may, in his discretion, dispose of by sale, letting
out on hire or otherwise, any moveable property belonging to the
Corporation not exceeding in value in each instance five hundred rupees
or such higher amount as the Corporation may, with the approval of the
1
[State] Government, from time to time determine, or grant a lease of any
immoveable property belonging to the Corporation including any right of
fishing or of gathering and taking fruit, and the like, for any period not
exceeding twelve months at a time :

Provided that the Commissioner shall report to the Standing

Committee every lease of immoveable property within fifteen days of the
grant thereof unless it is a contract for a monthly tenancy or the annual
rent thereof at a rack rent does not exceed three thousand rupees ;

(b) with the sanction of the Standing Committee the Commissioner

may dispose of by sale, letting out on hire or otherwise any moveable
property belonging to the Corporation, of which the value does not exceed
five thousand rupees ; and may with the like sanction grant a lease of any
immoveable property belonging to the Corporation, including any such
right as aforesaid, for any period exceeding one year or sell or grant a
lease in perpetuity of any immoveable property belonging to the
Corporation the value of premium whereof does not exceed fifty thousand
rupees or the annual rental whereof does not exceed three thousand
rupees ;
(c) with the sanction of the Corporation the Commissioner may lease,
sell, let out on hire or otherwise convey any property, moveable or
immoveable, belonging to the Corporation ;

(d) the consideration for which any immoveable property or any right
belonging to the Corporation may be sold, leased or otherwise transferred
shall not be less than the current market value of such premium, rent or
other consideration ;

(e) the sanction of the Standing Committee or of the Corporation under

clause (b) or clause (c) may be given either generally for any class of cases
or specially in any particular case ;

(f) the aforesaid provisions of this section and the provisions of the
rules shall apply, respectively, to every disposal of property belonging to
the Corporation made under or for any purposes of this Act :
Provided that,—
(a) no property vesting in the Corporation for the purpose of any
specific trust shall be leased, sold or otherwise conveyed in such a manner
that the purpose for which it is held will be prejudicially affected ;
l
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

H 610—14
82 Maharashtra Municipal Corporations Act [1949 : LIX

(b) no property transferred to the Corporation by the Government

shall be leased, sold or otherwise conveyed in any manner contrary to
the terms of the transfer except with the prior sanction of the appropriate
Government ;
1 2
[(g) [notwithstanding anything contained in this section, the
Commissioner may, with the sanction of the Corporation and with the
approval of the State Government grant a lease, for a period not exceeding
thirty years, of a land belonging to the Corporation,—
(i) which is declared as a slum area under the provisions of the
Maharasthra Slum Areas (Improvement, Clearance and Redevelopment) Mah.
XXVIII
Act, 1971, to a co-operative society of eligible slum dwellers ; or as the of 1971.
case may be, to the eligible slum dweller individually, at a permium to
be decided by the State Government and subject to the prescribed terms
and conditions ; or
(ii) to persons who are dishoused as a result of the implementation
of any Development Scheme of the Corporation or to the Co-operative
Housing Society formed exclusively by persons who are dishoused as a
result of the implementation of any Development Scheme of the
Corporation ; or
(iii) to any Department or undertaking of the Government of
Maharashtra or of the Government of India, for the public purpose ; or
(iv) to a public trust, society or company registered exclusively for
medical and educational purposes, under the Maharashtra Public Trusts XXIX of
1950.
Act, or the Societies Registration Act, 1860, or the Maharashtra XXI of
Co-operative Societies Act, 1960, or the Companies Act, 2013, as the 1860.
Mah.
case may be ; or XXIV of
1961.
18 of
2013.

(v) to a public trust registered under the Maharashtra Public Trusts XXIX of
1950.
Act, or a society registered under the Societies Registration Act, 1860, XXI of
or the Maharashtra Co-operative Societies Act, 1960, or a company 1860.
Mah.
registered under the Companies Act, 2013, or any person, for the purposes XXIV of
of the provisions of public latrines, urinals and similar conveniences or 1961.
18 of
construction of a plant for processing excrementitious or other filthy 2013.
matters or garbage,
at such rent, which may be less than the market value of the
premium, rent or other consideration, for the grant of such lease, and
subject to such conditions as the Corporation may impose.
The approval of the State Government under this clause may be
given either generally for any class of cases of such lands or specially in
any particular case of such land:]

l
Clause (g) was added by Mah. 38 of 1987, s. 2.
2
This portion was substituted for the portion beginning with the words “notwithstanding
anything contained in this section,” and ending with the words “specially in any particular
case of such land” by Mah. 53 of 2017, s. 2(a).
1949 : LIX ] Maharashtra Municipal Corporations Act 83

Provided that, the Commissioner may in like manner renew, from

time to time, the lease for such period and subject to such conditions as
the Corporation may determine and impose.
[Explanation.—For the purposes of this clause, “eligible slum dweller”
1

means the eligible slum dwellers as defined in clause (c-b) of section 2 of

Mah. the Maharashtra Slum Areas (Improvement, Clearance and
XXVIII
of 1971. Redevelopment) Act, 1971.].

80. (1) Where any immovable property or any right in or over any such Decision of
claims to
property is claimed by or on behalf of the Corporation, or by any person as property by or
against the Corporation, it shall be lawful for the Collector after formal against the
Corporation.
inquiry, of which due notice has been given, to pass an order deciding the
claim.
(2) The Corporation or any person aggrieved by an order passed by the
Collector under sub-section (1) may, notwithstanding anything contained in
any law for the time being in force, within one year from the date on which
the Corporation or such person had due notice of such order, institute a suit
in any competent Civil Court to set aside such order or to claim a relief
inconsistent therewith.
If any such suit is instituted after the expiration of one year from the
date on which the notice of such order has been given, such suit shall be
dismissed although limitation has not been set up as a defence.
(3) The Collector may, by general or special order, delegate the powers
conferred on him under this section to an Assistant or Deputy Collector or a
Bom. V survey officer as defined in the Bombay Land Revenue Code, 1879.*
of 1879.
(4) The formal inquiry referred to in this section shall be conducted in
accordance with the provisions of the aforesaid Code.
(5) A person shall be deemed to have had due notice of an inquiry or
order under this section if notice thereof has been given in accordance with
rules made in this behalf by the 2[State] Government.
81. A covenant concerning any immovable property for the purposes Power of
Corporation
of this Act entered into with the Corporation by the owner of such property to enforce
or by any person to whom such property of the Corporation has been covenants
against owner
transferred by sale or exchange shall be enforceable by the Corporation for the time
against any person deriving title under the covenant or notwithstanding that being of land.

the Corporation is not in possession of, or interested in any immovable

property for the benefit of which the covenant was entered into, in like
manner and to the like extent as if it had been possessed of or interested in
such property.

1
This Explanation was substituted by Mah. 53 of 2017, s. 2(b).
*
See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
2
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
H 610—14a
84 Maharashtra Municipal Corporations Act [1949 : LIX

1
[CHAPTER VIII-A.

POWER TO EVICT PERSONS FROM CORPORATION PREMISES.

Definitions. 81-A. In this Chapter,—

(a) "Commissioner", in the event of any Corporation having
established or acquired, or establishing or acquiring, a Transport
Undertaking, in relation to the premises of the Corporation which vest in
or are held by it for the purposes of the Transport Undertaking, means the
Transport Manager ;
(b) "Corporation premises", means any premises belonging to, or
vesting in, or taken on lease by, the Corporation ;
(c) "regulations" means regulations made by the Commissioner under
section 81-I ;
(d) "unauthorised occupation" in relation to any Corporation premises,
means the occupation by any person of Corporation premises without
authority for such occupation; and includes the continuance in occupation
by any person of the premises after the authority under which he was
allowed to occupy the premises has expired, or has been duly determined.

Power to evict 81-B. (1) Where the Commissioner is satisfied,—

persons from
Corporation (a) that the person authorised to occupy any Corporation premises
premises.
has, whether before or after the commencement of the Bombay Provincial Mah.
VIII of
Municipal Corporations (Second Amendment) Act, 1969,— 1970.
(i) not paid for a period of more than two months, the rent or taxes
lawfully due from him in respect of such premises ; or
(ii) sub-let, contrary to the terms and conditions of his occupation,
the whole or any part of such premises ; or
(iii) committed, or is committing, such acts of waste as are likely to
diminish materially the value or impair substantially the utility, of the
premises ; or
(iv) otherwise acted in contravention of any of the terms, express
or implied, under which he is authorised to occupy such premises ;
(b) that any person is in unauthorised occupation of any Corporation
premises ;
(c) that any Corporation premises in the occupation of any person
are required by the Corporation in the public interest,
the Commissioner may, by notice served by post, or by affixing a copy of it
on the outer door or some other conspicuous part of such premises, or in

1
Chapter VIII-A was inserted by Mah. 8 of 1970, s. 2.
1949 : LIX ] Maharashtra Municipal Corporations Act 85

such other manner as may be provided, for by regulations, order that

person, as well as any other person who may be in occupation of the whole
or any part of the premises, shall vacate them within one month of the
date of the service of the notice.

(2) Before an order under sub-section (1) is made against any person,
the Commissioner shall issue, in the manner hereinafter provided, a notice
in writing calling upon all persons concerned to show cause why an order of
eviction should not be made.
The notice shall,—
(a) specify the grounds on which the order of eviction is proposed to
be made, and

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

If such person makes an application to the Commissioner for the extension

of the period specified in the notice, the Commissioner may grant the same
on such terms as to payment and recovery of the amount claimed in the notice,
as he deems fit.

Any written statement put in by any person and documents produced, in

pursuance of the notice, shall be filed with the record of the case, and such
person shall be entitled to appear before the Commissioner by advocate,
attorney or other legal practitioner.

The notice to be served under this sub-section shall be served in the manner
provided for the service of a notice under sub-section (1); and thereupon, the
notice shall be deemed to have been duly given to all persons concerned.

(3) If any person refuses or fails to comply with an order made under sub-
section (1), the Commissioner may evict that person and any other person
who obstructs him and take possession of the premises; and may for that
purpose use such force as may be necessary.

(4) The Commissioner may, after giving fourteen clear days' notice to the
person from whom possession of the Corporation premises has been taken
under sub-section (3) and after publishing such notice in the Official Gazette
and in at least one newspaper circulating in the locality, remove or cause to
be removed, or dispose of by public auction any property remaining on such
premises. Such notice shall be served in the manner provided for the service
of a notice under sub-section (1).
H 610—14a
86 Maharashtra Municipal Corporations Act [1949 : LIX

(5) Where the property is sold under sub-section (4), the sale proceeds
shall, after deducting the expenses of sale, be paid to such person or persons
as may appear to the Commissioner to be entitled to the same :

Provided that, where the Commissioner is unable to decide as to the

person or persons to whom the balance of the amount is payable or as to the
apportionment of the same, he shall refer such dispute to a Civil Court of
competent jurisdiction and the decision of the Court thereon shall be final.

(6) If a person, who has been ordered to vacate any premises under sub-
clause (i) or (iv) of clause (a) of sub-section (1), within one month of the
date of service of the notice, or such longer time as the Commissioner may
allow, pays to the Commissioner the rent and taxes in arrears, or as the case
may be, carries out or otherwise complies with the terms contravened by
him to the satisfaction of the Commissioner, the Commissioner shall on such
terms, if any (including the payment of any sum by way of damages or
compensation for the contravention aforesaid), in lieu of evicting such person
under sub-section (3), cancel his order made under sub-section (1); and
thereupon such person shall continue to hold the premises on the same terms
on which he held them immediately before such notice was served on him.

Power to 81-C. (1) Subject to any regulations made by the Commissioner in this
recover rent or
damages as behalf, but without prejudice to the provisions of section 81-B, where any
arrears of
property tax. person is in arrears of rent payable in respect of any Corporation premises,
the Commissioner may, by notice served in the manner provided for service
of notice under sub-section (1) of section 81-B, order that person to pay the
same within such time not less than ten days as may be specified in the notice.

(2) Where any person is in unauthorised occupation of any Corporation

premises, the Commissioner may, in the manner and having regard to the
principles of assessment of damages provided for by the regulations assess
such damages on account of the use and occupation of the premises as he
may deem fit, and may, by notice served in the manner referred to in sub-
section (1), order that person to pay the damages within such time as may be
specified in the notice.

(3) If any person refuses or fails to pay, within the time specified in the
notice, the arrears of rent under sub-section (2), or damages under sub-section
(2), the Commissioner may recover the amount of rent, or as the case may be,
of damages, in the same manner as the general or property tax due from such
person.

(4) No order shall be made under sub-section (2) until after the issue of
a notice in writing to the person calling upon him to show cause, within a
1949 : LIX ] Maharashtra Municipal Corporations Act 87

reasonable period to be specified in such notice, why such order should not
be made, and until his objections, if any, and any evidence he may produce in
support of the same, have been considered by the Commissioner.

81-D. Without prejudice to the provisions of section 81-B, in the case Rent to be
recovered by
of any person who is an employee of the Corporation and who has been allotted deduction
any Corporation premises, the amount of rent due by him in respect of such from salary or
wages in case
premises shall, on a requisition in writing made in this behalf by the of Corporation
employees.
Commissioner to the Head of the Corporation Department or Officer under
whom such person is employed, be liable to be deducted from the salary or
wages payable to such person. On receipt of such requisition, the Head of
such Department or Officer, as the case may be, shall deduct from the salary
or wages payable to such person the amount specified in the requisition and
pay the amount so deducted to the Commissioner in satisfaction of the rent
due by him.

81-E. The Commissioner shall, for the purpose of holding any inquiry Commissioner
to have
under this Chapter, have the same powers as are vested in a Civil Court powers of
Civil Court.
5 of under the Code of Civil Procedure, 1908, when trying a suit, in respect of the
1908.
following matters, namely :—
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents;
(c) any other matter which may be prescribed by regulations made
under section 81-I.

81-F. (1) An appeal shall lie from every order of the Commissioner, Appeals.
made in respect of any Corporation premises, under section 81-B or section
81-C, to an appellate officer, who shall be the District Judge or such other
judicial officer in the City of not less than ten years' standing, as the District
Judge may designate in this behalf.

(2) An appeal under sub-section (1) shall be preferred,—

(a) in the case of an appeal from an order under section 81-B, within
thirty days from the date of the service of the notice relating to the order
under sub-section (1) of that section, and

(b) in the case of an appeal from an order under section 81-C, within
thirty days from the date of the service of the notice relating to the order
under sub-section (1) or (2) of that section, as the case may
be :
Provided that, the appellate officer may entertain the appeal after
the expiry of the said period of thirty days, if he is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time.
88 Maharashtra Municipal Corporations Act [1949 : LIX

(3) Where an appeal is preferred from an order of the Commissioner,

the appellate officer may stay the enforcement of that order for such period,
and on such conditions as he deems fit.
(4) Every appeal under this section shall be disposed of by the appellate
officer as expeditiously as possible.
Finality of 81-G. Save as otherwise expressly provided in this Chapter, every order
orders.
made by the Commissioner or the appellate officer under this Chapter shall
be final, and shall not be called in question in any original suit, application or
execution proceeding.

Bar of 81-H. Subject to the provisions of this Chapter, no Civil Court shall
jurisdiction.
have jurisdiction to entertain any suit or proceeding in respect of the eviction
of any person from any Corporation premises on any of the grounds specified
in section 81-B or the recovery of the arrears of rent or the damages payable
for use or occupation of such premises.

Power to 81-I. The Commissioner, with the approval of the Standing Committee,
make
regulations. and the Transport Manager, with the approval of the Transport Committee,
as the case may be, may make regulations for all or any of the following
matters, namely :—
(a) the forms of notices under sections 81-B and 81-C and for
prescribing the other manner in which they may be served under those
sections;
(b) the holding of inquiries under this Chapter ;
(c) the procedure to be followed in taking possession of any
Corporation premises under section 81-B ;
(d) the manner in which the damages under section 81-C may be
assessed and the principles which may be taken into account in assessing
such damages ;
(e) the manner in which appeals may be preferred under section 81-F
and the procedure to be followed in such appeals ;
(f) any other matter which has to be, or may be, prescribed under this
Chapter by regulations.

Penalty for 81-J. Any person, who obstructs the lawful exercise of any power
obstructing
lawful conferred by or under this Chapter, shall, on conviction, be punished with
exercise of
power under fine which may extend to one thousand rupees.]
this Chapter.
1949 : LIX ] Maharashtra Municipal Corporations Act 89

CHAPTER IX.
THE MUNICIPAL FUND AND OTHER FUNDS.
The Municipal Fund.
Bom. 82. Subject to the provisions of this Act and the rules and subject to the Constitution
LXI of of Municipal
1947. provisions of section 44 of the Bombay Primary Education Act, 1947,— Fund.
(a) all moneys received by or on behalf of the Corporation under the
provisions of this Act or of any other law for the time being in force, or
under any contract,
(b) all proceeds of the disposal of property by or on behalf of the
Corporation,
(c) all rents accruing from any property of the Corporation,
(d) all moneys raised by any tax levied for the purposes of this Act,
(e) all fees and fines payable and levied under this Act or under any
rule, by-law, regulation or standing order other than fines imposed by a
Court,
(f) all moneys received by way of compensation or for compounding
offences under the provisions of this Act,
(g) all moneys received by or on behalf of the Corporation from the
Government or public bodies, private bodies or private individuals by way
of grant or gift or deposit, subject, however, to the conditions, if any, attached
to such grant, gift or deposit, and
(h) all interest and profits arising from any investment of, or from
any transaction in connection with, any money belonging to the Corporation,
shall be credited to a fund which shall be called “ the Municipal Fund” and
which shall be held by the Corporation in trust for the purposes of this
Act, subject to the provisions herein contained.

[82A. The State Government may, under appropriation duly made in

1 Annual grant
by State
this behalf, make a grant to each Corporation every year of such amount as it Government
may, from time to time, determine, having regard to the proceeds of the land from proceeds
revenue and non-agricultural assessment levied and collected under the of land
revenue, non-
Mah. Maharashtra Land Revenue Code, 1966 and the entertainments duty levied agricultural
XLI of
1966. and collected under the *Bombay Entertainments Duty Act, 1923, by it in assessment
and
Bom. 1 the area within the jurisdiction of the Corporation. The grant shall be made entertainment
of 1923. in such manner and shall be subject to such terms and conditions, as the duty.
State Government may, from time to time, determine. All moneys received
by the Corporation by way of such grants shall be: credited to the Municipal
Fund:
2
[Provided that it shall be competent for the State Government to
deduct,—
(a) from the grants made by the State Government, or
(b) from any sum representing grant-in-aid or the share of the
Corporation in the net proceeds of the taxes, duties, tolls and fees levied
by the State and distributed by the State Government on the
recommendation of the Finance Commission,
1
Section 82A was inserted by Mah. 63 of 1975, s. 7.
2
This proviso was added by Mah. 41 of 1994, s.69.
* The short title was amended as ‘‘ the Maharashtra Entertainments Duty Act ’’ by Mah. 24 of
2012, Sch.
90 Maharashtra Municipal Corporations Act [1949 : LIX

any amount which is due to the State Government, or to any Government

Corporation, a Government Company, or to any other statutory authority
constituted by the Government of Maharashtra :
Provided futher that before making such deductions, the Corporation’s
say in the matter shall be considered by Government.]
Commissioner 83. All moneys payable to the credit of the Municipal Fund shall be
to receive
payments on received by the Commissioner and shall be forthwith paid into the Imperial
account of Bank of India 1[or any other scheduled bank] 2[or an approved co-operative
Municipal
Fund and to bank] to the credit of an account which shall be styled “ the account of the
lodge them in
a bank.
Municipal Fund of ...............................................................” :
Provided that the Commissioner may, subject to any general or special
directions issued by the Standing Committee, retain such balances in cash as
may be necessary for current payments :
[Provided further that the amount of money to be paid into an approved
3

co-operative bank shall not exceed such amount as may be specified by the
State Government generally or specially in respect of any approved co-
operative bank.]
How the Fund 84. (1) Subject to the provisions of section 449 no payment shall be
shall be
drawn made by any bank aforesaid out of the Municipal Fund except on a cheque
against. signed by the Chief Accountant or the Deputy Accountant or, if there be no
post of Deputy Accountant, by the officer immediately subordinate to the
Chief Accountant and by the Commissioner or the Deputy Commissioner or
the Assistant Commissioner.
(2) Payment of any sum due by the Corporation in excess of one hundred
rupees or such higher amount as the Standing Committee from time to time
fixes generally or for any specified class of payments shall be made by means
of a cheque signed as aforesaid and not in any other way.
(3) Payments not covered by sub-section (2) may be made by the
Commissioner in cash and cheques for sums not in excess of two thousand
rupees each, signed as aforesaid, may be drawn from time to time to cover
such payments if the amount of cash in hand is insufficient for the purpose.

Deposit of 85. Notwithstanding anything contained in sections 83 and 84 the

portion of
Municipal Commissioner may, with the previous approval of the Standing Committee,
Fund may be from time to time, remit to and deposit with a bank or other agency at any
made with
bank or place beyond the City any portion of the Municipal Fund, and any moneys
agency out of
City when payable to the credit of the Municipal Fund or chargeable there against which
convenient. can, in the opinion of the Commissioner, be most conveniently paid into or
out of the account of the Corporation at any such bank or agency, may be so
paid.

1
These words were substituted for the words “or such other bank or banks as the Corporation,
with the previous sanction of the State Government may select” by Bom. 10 of 1953, s. 3.
2
These words were inserted by Bom. 19 of 1954, s. 4(1).
3
This proviso was inserted, by Bom. 19 of 1954, s. 4(2).
1949 : LIX ] Maharashtra Municipal Corporations Act 91

86. (1) Except as hereinafter provided, no payment of any sum shall Restriction on
expenditure
be made by the Commissioner out of the Municipal Fund, unless the from
Municipal
expenditure of the same is covered by a current budget grant, and sufficient Fund.
balance of such budget grant is still available, notwithstanding any reduction
or transfer thereof which may have been made under the rules.
(2) The following items shall be excepted from the prohibition in
sub-section (1), namely :—
(a) sums of which the expenditure has been sanctioned by the Standing
Committee under section 102;
(b) temporary payments under section 90 for works urgently required
in the public service;
(c) refunds of taxes and other moneys which the Commissioner is by
or under this Act authorised to make;
(d) repayments of moneys belonging to contractors or other persons
held in deposit and of moneys collected or credited to the Municipal Fund
by mistake;
(e) sums which under any provision of this Act or any other enactment
are payable by way of compensation;
(f) sums payable in any of the circumstances mentioned in clause (h) of
section 88;
(g) expenses incurred by the Commissioner in the exercise of the
powers conferred upon him by section 319;
(h) costs incurred by the Commissioner under clause (c) of sub-section
(3) of section 67.

87. Whenever any sum is expended by the Commissioner under clause Procedure
when money
(e), (f), (g) or (h) of sub-section (2) of section 86 he shall forthwith not covered
communicate the circumstances to the Standing Committee, who shall take by budget
grant is
such action under the rules or recommend the Corporation to take, under expended
under clause
section 101 or under the rules, such action as shall, in the circumstances, (e), (f), (g) or
appear possible and expedient for covering the amount of the additional (h) of
sub-section (2)
expenditure. of section 86.

88. The moneys from time to time credited to the Municipal Fund shall Purpose for
which
be applied in payment of all sums, charges and costs necessary for carrying Municipal
this Act into effect, or of which the payment shall be duly directed or Fund is to be
applied.
sanctioned under any of the provisions of this Act or of any other law for the
time being in force inclusive of,—
(a) the expenses of every ward election ;

H 610—15
92 Maharashtra Municipal Corporations Act [1949 : LIX

(b) the salary, joining time allowances and other allowances of the
Commissioner and of leave and pension contribution, if any, payable on
his account to the 1[State] Government;
(c) the salaries and other allowances of all municipal officers and
servants and all contributions to provident funds, pensions, gratuities and
compassionate allowances payable under the provisions of this Act or the
regulations or of the statement framed under this Act for the time being in
force ;
(d) all expenses and costs incurred by the Commissioner in the exercise
of any power or the discharge of any duty conferred or imposed upon him
by this Act, including moneys which he is required or empowered to pay
by way of compensation ;
(e) the grant payable under section 44 of the Bombay Primary Bom.
XLI of
Education Act, 1947, to the Primary Education Fund maintained 1947.
thereunder for the City ;
(f) the loans advanced under the rules for building purposes ;
(g) any sum chargeable under section 108 ;
(h) every sum payable,—
(i) under section 422 or sub-section (1) of section 449 to the
1
[State] Government ;
(ii) under a decree or order of a civil or criminal court passed
against the Corporation or against the Commissioner, Deputy
Commissioner or Assistant Commissioner ex-officio ;
(iii) under a compromise of any suit or other legal proceeding
or claim effected under section 481 ;
(i) contributions to public institutions ;
(j) expenses incurred on the provision of traffic signs.
Municipal 89. Expenditure by the Corporation out of the Municipal Fund shall, save
Fund where to
be expended. as otherwise provided by this Act, be made within the City only, but may, by
a resolution of the Corporation supported by not less than half the total
number of councillors, be made outside the City for any of the purposes of
this Act.
Temporary 90. (1) On the written requisition of such officer as the 1[State]
payments
from Government may specially authorise in this behalf, the Commissioner may
Municipal at any time undertake the execution of any work certified by such officer to
Fund for be urgently required in the public service, and for this purpose may
works
urgently temporarily make payments from the Municipal Fund, so far as the same can
required for be made without unduly interfering with the regular working of the municipal
public service.
administration.
(2) The cost of all work executed under sub-section (1) and of the
establishment engaged in executing the same shall be paid by the 1[State]
Government and credited to the Municipal Fund.

1
This word was substituted for the word “Provincial" by the Adaptation of Laws Order, 1950.
1949 : LIX ] Maharashtra Municipal Corporations Act 93

(3) On receipt of a requisition under sub-section (1) the Commissioner

shall forthwith forward a copy thereof to the Corporation, together with a
report of the action taken by him thereon.

Special Funds.

91. 1[Save as otherwise provided by this Act the Corporation] may Constitution
of Special
constitute such special funds as are prescribed by rules and such other funds Funds.
as may be necessary for the purposes of this Act. The constitution and disposal
of such funds shall be effected in the manner prescribed by rules.

[91A. (1) The Corporation shall establish and set apart for the purposes
2 Establishment
of
of budget estimate ‘ C ’ a separate fund to be called “ the Consolidated Water Consolidated
Supply and Sewage Disposal Loan Fund” for the purposes of carrying into Water
Supply and
effect the provisions of Chapters XII and XIII. Sewage
Disposal
Loan Fund.

(2) The following moneys shall be credited to the said Loan Fund,
namely :—
(a) any sums borrowed in exercise of the powers conferred by or under
this Act for the purposes of Chapters XII and XIII;
(b) such portion of the sinking fund referred to in section 112 as the
Corporation may, from time to time, determine.

(3) The fund so established shall be applied for,—

(a) the expenditure on capital works for the purposes of Chapters
XII and XIII;
(b) the repayment of the loans raised for such capital works.

(4) Any moneys of the said fund, not used or not immediately to be used
in accordance with sub-section (3), shall be invested by the Commissioner,
on behalf of the Corporation, with the sanction of the Standing Committee,
in such manner as he deems fit and proper.

91B. (1) The Corporation shall establish and set apart a separate fund Establishment
of Water and
to be called “ The Water and Sewage Fund ”. Sewage Fund.
(2) All moneys received by or on behalf of the Corporation under clause
(a) or (b) of section 129 or under sections 134 to 138 (both inclusive) or any
other moneys received for the purposes of Chapters XII and XIII shall be
credited to the Water and Sewage Fund .
(3) All moneys payable to the credit of the said Fund shall be received
by the Commissioner and forthwith paid by him into the Bank or Banks
approved by the Standing Committee from time to time in this behalf to the
credit of account, which shall be styled “ the Account of the Water and Sewage
Fund”:
1
These words were substituted for the words “The Corperation” by Mah. 28 of 1990, s. 6.
2
Sections 91A and 91B were inserted by Mah. 28 of 1990, s. 7.
H 610—15a
94 Maharashtra Municipal Corporations Act [1949 : LIX

Provided that, the Commissioner may retain such balance in cash as

may be necessary for the purposes of Chapters XII and XIII.

(4) The moneys credited to the said Fund from time to time shall be
applied only for payment of all sums, charges and costs necessary for the
purposes of carrying into effect the provisions of Chapters XII and XIII.
(5) Surplus moneys at the credit of the said Fund which cannot
immediately or at an early date be applied as provided in sub-section (4)
may, from time to time, be deposited by the Commissioner at interest in the
Bank or Banks approved by the Standing Committee or be invested in public
securities.

(6) All such deposits and investments shall be made by the Commissioner
on behalf of the Corporation, with the sanction of the Standing Committee,
and with the like sanction, the Commissioner may at any time withdraw any
deposits so made or dispose of any securities and re-deposit or re-invest the
moneys so withdrawn or the proceeds of the disposal of the securities; but no
order for making any such deposit or investment or withdrawal or disposal
shall have any validity, unless the same be in writing signed by two persons
in the manner specified in sub-section (1) of section 84 for signing cheques.
(7) The loss, if any, arising from any such deposit or investment
shall be debited to the Water and Sewage Fund. ]

Disposal of Balances.
Investment of 92. (1) Surplus moneys at the credit of the Municipal Fund which
surplus
money. cannot immediately or at an early date be applied to the purposes of this Act
or of any loan raised thereunder may be, from time to time, deposited at
1 2
interest in the Imperial Bank of India [or any other scheduled bank] [or an
3
approved co-operative bank] [or deposited with the State Government or with
any statutory corporation approved by the State Government] or be invested
4
in public securities [or in bonds or debentures of the Central Government,
State Government, Government undertakings, Government Financial
Institutions or Unit Trust of India] :
5
[Provided that the amount of money to be deposited in an approved
co-oprative bank shall not exceed such amount as may be specified by the
State Government generally or specially in respect of any approved co-
operative bank.]
1
These words were substituted for the words and figures “or in any other bank selected by the
Corporation with the sanction of the State Government for the purposes of section 83” by
Bom. 10 of 1953, s. 4.
2
These words were inserted by Bom. 10 of 1954, s. 5(1).
3
This portion was added by Mah. 7 of 1986, s. 3.
4
These words were inserted by Mah. 32 of 2011, s. 26.
5
This proviso was inserted by Bom. 19 of 1954, s. 5(2).
1949 : LIX ] Maharashtra Municipal Corporations Act 95

(2) All such deposits and investments shall be made by the Commissioner
on behalf of the Corporation with the sanction of the Standing Committee
and, with the like sanction, the Commissioner may at any time withdraw any
deposit so made or dispose of any securities and redeposit or reinvest the
money so withdrawn or the proceeds of the disposal of such securities.
(3) The loss, if any arising from any such deposit or investment shall be
debited to the Municipal Fund.

Accounts.
Bom. 93. Subject to the provisions of section 361 of the Bombay Primary Accounts to
LXI of be kept in
1947. Education Act, 1947, and the rules made thereunder, accounts of the receipts forms
and expenditure of the Corporation shall be kept in such manner and in such prescribed by
Standing
forms as the Standing Committee shall from time to time direct : Committee.
1
[Provided that, the accounts of the Consolidated Water Supply and
Sewage Disposal Loan Fund and the Water and Sewage Fund shall be
maintained on the accrual basis, unless otherwise directed by the Standing
Committee.]
94. (1) The Commissioner shall, as soon as may be after each first day Preparation
of annual
of April, have prepared a detailed report of the municipal administration of administ-
ration report
the City, other than the administration of the Transport Undertaing, during and
the previous official year, together with a statement showing the amount of statement of
accounts.
the receipts and disbursements credited and debited to the Municipal Fund
during the said year and the balance at the credit of the Fund at the close of
the said year and shall submit the same to the Standing Committee.
(2) The report shall be in such from and shall contain such information as
the Standing Committee may from time to time direct.
(3) After examination and review of the report and statement by the
Standing Committee a printed copy of such report and statement together
with copy of the Committee’s review shall be forwarded to the usual or last
known local place of abode of each councillor by such date as the Standing
Committee may from time to time prescribed and copies thereof shall be
placed on sale at the municipal office at such price as the Commissioner may
fix.

Annual Budget Estimate.

95. The Commissioner shall each year on or before such date as the Estimates of
income and
Corporation may from time to time prescribe have prepared and lay before expenditure
the Standing Committee, in such form as the Committee shall from time to to be
prepared
time approve,— annually by
Com-
(a) an estimate, classified in accordance with the rules, of the missioner.
expenditure when must or should, in his opinion, be incurred by the
Corporation in the next official year from the Municipal Fund including

1
The proviso was added by Mah. 28 of 1990, s. 8.
96 Maharashtra Municipal Corporations Act [1949 : LIX

the amount of grant payable by the Corporation to the Primary Education

Fund, and of the amounts, if any, which should, in his opinion be credited
1
to, or expended from, a special fund; [including the Funds established
under sections 91A and 91B];

(b) an estimate of all balances, if any, which will be available for

reappropriation or expenditure at the commencement of the official year ;

(c) an estimate of the Corporation’s receipts and income for the next
official year other than from taxation and from the Transport Undertaking ;

(d) a statement of proposals as to the taxation which it will, in his

opinion, be necessary or expedient to impose under the provisions of this
Act in the next official year and an estimate of the receipts from taxation ;

(e) an estimate of the amounts due to be transferred during the next

official year from the Transport Fund :
2
[Provided that a separate estimate of the income and expenditure of
the Corporation for the next official year in respect of services under Chapter
XII and Chapter XIII shall be prepared.]

Explanation.—The balance, if any, available in any special fund shall

not be deemed to be available for reappropriation or expenditure at the
commencement of the next official year under clause (b) except in relation to
expenditure which may be met from such fund under the rules, and the
Commissioner shall determine whether the whole or any part of such balance
shall be taken into account as available for such expenditure at the
commencement of the next official year.
Report on 3
[95A. (1) Notwithstanding anything contained in this Chapter, the
services
provided in a Commissioner or, as the case may be, the Transport Manager, shall, while
subsidised
manner. submitting the budget estimates to the Standing Committee, append thereto,
a report indicating whether the following services were provided in the last
preceding year in a subsidised manner and, if so, the extent of the subsidy,
the source from which the subsidy was met and the sections or categories of
the local population who were the beneficiaries of such subsidy, namely :—
(a) water supply and disposal of sewage,
(b) scavenging, transporting and disposal of wastes,
(c) municipal transport, and
(d) street lighting.
1
These words, figures and letters were added by Mah. 28 of 1990, s. 9.
2
This proviso was inserted by Mah. 41 of 1994, s. 70.
3
Section 95A was inserted by Mah. 41 of 1994, s. 71.
1949 : LIX ] Maharashtra Municipal Corporations Act 97

(2) The Standing Committee or, as the case may be, the Transport
Committee shall examine the report and place it before the Corporation with
its recommendations, if any.
Explanation.—A service shall be construed as being provided in a
subsidised manner if its total cost, comprising the expenditure on operation
and maintenance and adequate provision for depreciation of assets and for
debt servicing, exceeds the income relatable to the rendering of that service.]
96. (1) The Standing Committee shall consider the estimates and Budget
proposals of the Commissioner and after having obtained from the estimates to
Commissioner such further detailed information, if any, as it shall think fit be prepared
to require, and having regard to all the requirements of this Act, shall frame by Standing
Committee.
therefrom subject to such modifications and additions therein or thereto as
it thinks fit 1[two budget estimates for the next official year, as follows :—
(a) budget estimate ‘ A’ of the income and expenditure other than,—
(i) the income and expenditure for the purposes of Chapters
XII and XIII ;
(ii) the income and expenditure in respect of the Transport
Undertaking ;
(b) budget estimate ‘ C ’ of the income and expenditure for the
purposes of Chapters XII and XIII.]
(2) In budget estimate “A” the Standing Committee shall,—
(a) propose with reference to the provisions of Chapter XI such rates
and extent of municipal taxes as it thinks fit;
(b) allow for the appropriation to any special fund of the sum
estimated by the Commissioner, revised 2[other than those referred to in
clause (a) of sub-section (2A)] as it thinks proper ;
(c) provide for payment, as they fall due, of all sums and of all
instalments of principal and interest for which the Corporation may be
liable under this Act other than sums and instalments of principal, and
interest for which the Corporation may be liable by reason of the acquisition,
extension, administration, operation and maintenance of the Transport
Undertaking ;
(d) provide for such expenditure, if any, as it considers necessary to
defray from the balance in any special fund ;
(e) allow for a cash balance at the end of the said year exclusive of the
balance, if any, of any special fund of not less than one lakh of rupees or
such smaller amount as the 3[State] Government may from time to time
approve.
4
[(2A) In budget estimate ‘ C ’ the Standing Committee shall,—
(a) propose with reference to the provisions of Chapter XI such
rates and extgent of such municipal taxes, namely, water tax, water
benefit tax, sewerage tax, and sewerage benefit tax, or, where applicable
conservancy tax, as it thinks fit for the purposes of Chapters XII and
XIII ;
(b) state the estimate of receipt of the aforesaid taxes or of any
other receipts ;
(c) provide for payment as they fall due, of all sums and of all
instalments of principal and interest for which the Corporation may be
liable under this Act in respect of matters falling under Chapters XII
and XIII ;
(d) provide for such expenditure, if any, as the Commissioner
considers necessary to be incurred by the Corporation in the next official
year for the purposes of Chapters XII and XIII.]
1
This portion was substituted for the portion begining with the words “a Budget of Estimates”
and ending with the words “official year” by Mah. 28 of 1990, s. 10(a).
2
These words, brackets, letters and figure were inserted by Mah. 28 of 1990, s. 10(b).
3
This word was substituted for the word “Provincial” by the Adapatation of Laws Order, 1950.
4
Sub-section (2A) was inserted by Mah. 28 of 1990, s. 10(c).
98 Maharashtra Municipal Corporations Act [1949 : LIX

(3) The Commissioner shall cause the budget estimate framed by the
Standing Committee to be printed and shall, by such date as the Corporation
may from time to time prescribe, forward a printed copy thereof to the usual
or last known local place of abode of each councillor.
(4) The budget estimate framed by the Standing Committee shall be laid
before the Corporation and it shall proceed to consider the same within fifteen
days of the date referred to in sub-section (3).
Estimates of 97. The Transport Manager shall each year, on or before such date as
expenditure
and income of the Corporation may from time to time fix, have prepared and lay before the
the Transport Transport Committee, in such forms as the Committee shall from time to
Undertaking
to be prepared
time approve,—
annually by (a) an estimate, classified in accordance with the rules, of the
Transport
Manager. expenditure which must or should, in his opinion, be incurred by the
Corporation in the next ensuing official year on account of the Transport
Undertaking and of the amounts, if any, which should in his opinion be
credited to, or expended from, a special fund;
(b) an estimate of all balances, if any, which will be available for
reappropriation or expenditure at the commencement of the next ensuing
official year, and an estimate of the amounts to be transferred to the
Municipal Fund during the next ensuing financial year under sections 359
and 360;
(c) an estimate of the Corporation's receipts and income from the
Transport Undertaking in the next ensuing official year.
Explanation.—The balance, if any, available in any special fund shall
not be deemed to be available for reappropriation or expenditure at the
commencement of the next official year under clause (b) except in relation
to expenditure which may be met from such fund under the rules, and the
Transport Manager shall determine whether the whole or any part of such
balance shall be taken into account as available for expenditure at the
commencement of the next official year.
Budget 98. (1) The Transport Committee shall consider the estimates of
Estimate ‘B’ the Transport Manager and, after having obtained from the Transport
to be prepared
by Transport Manager such further detailed information, if any, as it shall think fit to
Committee. require, and having regard to all the requirements of this Act, shall frame
therefrom, subject to such modifications and additions therein or thereto as
it shall think fit, a budget estimate, to be called “ budget” estimate ‘ B ’ of the
income and expenditure for the next official year to be received and incurred
in respect of the Transport Undertaking.
(2) In budget estimate ‘ B ’ the said Committee shall,—
(a) provide for the payment, as they fall due, of all sums and of all
instalments of principal and interest for which the Corporation may be
liable under this Act by reason of the acquisition, extension, administration,
operation and maintenance of the Transport Undertakings;
(b) allow for the appropriation to any special fund of the sum estimated
by the Transport Manager, revised as it thinks proper ;
(c) allow for amounts to be transferred during the next ensuing official
year to the Municipal Fund as provided in sections 359 and 360 ;
1949 : LIX ] Maharashtra Municipal Corporations Act 99

(d) provide for such expenditure, if any, as it considers necessary to

defray from the balance in any special fund ;
(e) allow for cash balance at the end of the said year exclusive of the
balance, if any, of any special fund of not less than one lakh of rupees or
such smaller amount as the Corporation may from time to time fix.

(3) The Transport Manager shall lay budget estimate ‘B’ as framed by
the Transport Committee before the Standing Committee on or before such
date as the Corporation may from time to time fix in this behalf and the
Standing Committee shall prepare a report to the Corporation thereon,
incorporating the remarks and recommendations, if any, of the Standing
Committee.
(4) The Municipal Secretary shall cause budget estimate ‘B’ and the
report of the Standing Committee thereon to be printed and shall, not later
than such date as the Corporation may from time to time fix in this behalf,
forward a printed copy thereof to the usual or last known local place of abode
of each councillor.
99. The Corporation shall, on or before the twentieth day of February, Fixing of rates
of taxes.
after considering the Standing Committee’s proposals in this behalf,
determine, subject to the limitations and conditions prescribed in Chapter
XI, the rates at which municipal taxes referred to in sub-section (1) of section
127 shall be levied in the next ensuing official year and the rates at and the
extent to which any of the taxes referred to in sub-section (2) of the said
section 1* * which the Corporation decides to impose shall be levied in the
next ensuing official year.
2
**
3
****

100. Subject to the requirements of section 99, the Corporation may Final
adoption of
refer budget estimate ‘A’ 4[or, budget estimate ‘C’ as the case may be,] back to budget
estimates.
the Standing Committee and budget estimate ‘B’ back to the Transport
Committee for further consideration, or adopt the budget estimates or any
revised budget estimates submitted to it, either as they stand or subject to
such alterations as it deems expedient :
Provided that the budget estimates finally adopted by the Corporation
shall fully provide for each of the matters specified in clauses (c) and (e) of

1
These words “excluding local body tax under clause (aaa) thereof” were deleted by Mah. 42 of
2017, s. 34.
2
Section 99A was deleted by Mah. 42 of 2017, s. 35.
3
Sections 99B, 99C and 99D were deleted by Mah. 42 of 2017, s. 35.
4
These words and letter were inserted by Mah. 28 of 1990, s. 11 (a).
H 610—16
100 Maharashtra Municipal Corporations Act [1949 : LIX

1
[sub-section (2) and for the matters specified in clause (c) of sub-section (2A)
of section 96] and for each of the matters specified in clauses (a), (c) and (e) of
sub-section (2) of section 98, as the case may be :
Provided futher that if the budget estimates are not finally adpoted by
the Corporation on or before the thirty-first day of March the estimates as
recommended by the Standing Committee or the Transport Committee, as
the case may be, shall be deemed to be budget estimate finally adopted by
the Corporation until the estimates are so adopted.
Estimates of 2
[100A. Notwithstanding anything contained in this Act, if for any
income and
expenditure reason the Standing Committee has not laid budget estimates before
deemed to be Corporation, due to which or otherwise the Corporation has not finally
budget
estimates. adopted the budget estimates before the commencement of the official year
to which they relate, the estimates of income and expenditure prepared by
the Commissioner under section 95 shall be deemed to be the budget estimates
for the year until the Corporation duly adopts the budget estimates as per
the provisions of this Act.]
Corporation 101. (1) On the recommendation of the Standing Committee in the
may increase
amount of case of expenditure from the Municipal Fund and the Transport Committee
budget grants in the case of expenditure from the Transport Fund, the Corporation may
and make
additional from time to time during an official year increase the amount of any budget
grants.
grant, or make an additional budget grant for the purpose of meeting any
special or unforesseen requirement arising during the said year, but not so
that the estimated cash balance at the close of the year exclusive of the balance,
if any, of any special fund shall be reduced below one lakh of rupees or such
other amount as may have been fixed for the time being by the Corporation
in the case of either the Municipal Fund or the Transport Fund.
(2) Such increased or additional budget grants shall be deemed to be
included in the budget estimates adopted by the Corporation for the year in
which they are made.

Provisions as 102. If the whole budget grant or any portion thereof remains
to unexpended
budget grants. unexpended at the close of the year in the budget estimates for which such
grant was included, and if the amount thereof has not been taken into account
in the opening balance of the Municipal Fund or the Transport Fund, as the
case may be, entered in the budget estimates of any of the two following
years, the Standing Committee or the Transport Committee, as the case may
be, may sanction the expenditure of such budget grant or such unexpended
portion thereof, as the case may be, during the next two following years for
the completion, according to the original intention or sanction, of the purpose
or object for which the budget grant was made, but not upon any other purpose
or object.
1
These words, brackets, figures and letters were substituted for the words, brackets and
figures “sub-section (2) of section 96” by Mah. 28 of 1990, s. 11(b).
2
Section 100A was inserted by Mah. 32 of 2011, s. 27.
1949 : LIX ] Maharashtra Municipal Corporations Act 101

Reduction in and transfers from one budget head to another or Reductions

103. transfers.
or

within a budget head shall be made in accordance with the rules.

104. (1) If it shall at any time during any official year appear to the Readjustment
of income
Corporation upon the representation of the Standing Committee or and
expenditure
the Transport Committee that, notwithstanding any reduction of budget to be made
grants that may have been made by the Appropriate Committee under the by the
Corporation
rules, the income of the Municipal Fund or the Transport Fund, as the case during
course of
may be, during the said year will not suffice to meet the expenditure sanctioned official year
in the budget estimates of the said year as so reduced and to leave at the whenever
necessary.
close of the year a cash balance exclusive of the balance, if any, of any Special
Fund of not less than one lakh of rupees or such other amount as may have
been fixed for the time being by the Corporation in the case of either the
Municipal Fund or the Transport Fund, it shall be incumbent on the
Corporation to sanction forthwith any measure which shall be necessary for
proportioning the year’s income to the expenditure.
(2) For this purpose the Corporation may diminish the sanctioned
expenditure of the year, so far as it may be possible so to do with due regard
to the provisions of this Act or to the obligations pertaining to the Transport
Undertaking, or have recourse to suplementary taxation or a revision of fares
and charges levied in respect of the Transport Undertaking, as the case may
be.

Scrutiny and Audit of Accounts.

105. (1) The Municipal Chief Auditor shall conduct a weekly Weekly
scrutiny of
examination and audit of the municipal accounts and shall report thereon to accounts by
Municipal
the Standing Committee who may also from time to time and for such period Chief Auditor
as it thinks fit conduct independently an examination and audit of the and scrutiny
of accounts by
municipal accounts. the Standing
Committee.
(2) For these purposes the Standing Committee and the Municipal Chief
Auditor shall have access to all the municipal accounts and to all records and
correspondence relating thereto, and the Commissioner shall forthwith
furnish to the Standing Committee or the Municipal Chief Auditor any
explanation concerning receipts and disbursements which they may call for.

106. (1) The Municipal Chief Auditor shall,— Report by the

Chief Auditor.
(a) report to the Standing Committee any material impropriety or
irregularity which he may at any time observe in the expenditure or in the
recovery of money due to the Corporation or in the municipal accounts ;
(b) furnish to the Standing Committee such information as the said
Committee shall from time to time require concerning the progress of the
audit.
H 610—16a
102 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The Standing Committee shall cause to be laid before the Corporation
every report made by the Municipal Chief Auditor to the Standing Committee
and every statement of the views of the Municipal Chief Auditor or any matter
affecting the pursuance and exercise of the duties and powers assigned to
him under this Act which the Municipal Chief Auditor may require the
Standing Committee to place before the Corporation, together with a report
stating what orders have been passed by the Standing Committee upon such
report or statement, and the Corporation may take such action in regard to
the matters aforesaid as the Corporation may deem necessary.
(3) As soon as may be after the commencement of each official year the
Municipal Chief Auditor shall deliver to the Standing Committee a report
upon the whole the municipal accounts for the previous official year.
(4) The Commissioner shall cause the said report to be printed and
forward a copy thereof to each councillor along with the printed copy of the
Administration Report and Statement of Accounts referred to in section 94.
Application of 107. Sections 105 and 106 shall apply to the accounts of the Transport
sections 105
and 106 to Fund as if,—
accounts of
Transport
(i) for the words “ Standing Committee ” wherever they occur the
Fund. words “ Transport Committee ” and for the word “ Commissioner ”
wherever it occurs the words “ Transport Manager ” had been substituted;
and
(ii) for the figures “ 94 ” in sub-section (4) of section 106 the figures
“ 362 ” had been substituted.

Power of [107A. The State Government shall cause the annual accounts of the
1

State
Government Corporation, including the Accounts of the Transport Undertaking, if any, to
to require be audited by the Director, Local Fund Accounts Audit. On receipt of the
audit by
Director, report from the Director, Local Fund Accounts Audit of such audit, the State
Local Fund Government shall forward it to the Commissioner. The Commissioner shall
Accounts
Audit. cause, the report of such audit to be laid before the General Body of the
Coporation within three months from the date of its receipt. The
Commissioner shall, thereafter, take further necessary action on the report
as per the provisions of the Maharashtra Local Fund Audit Act.] Bom.
XXV of
A special 1930.
108. (1) The [State] Government may at any time appoint an auditor
2
audit may be
directed by for the purpose of making a special audit of the municipal accounts including
2
[State] the accounts of the Transport Undertaking and of reporting thereon to the
Government.
2
[State] Government and the costs of any such audit as determinted by the
2
[State] Government shall be chargeable to the Municipal Fund or the
Transport Fund, as the case may be.
(2) An auditor so appointed may exercise any power which the Municipal
Chief Auditor may exercise.

1
Section 107A was inserted by Mah. 12 of 2011, s. 6.
2
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
1949 : LIX ] Maharashtra Municipal Corporations Act 103

CHAPTER X.

BORROWING POWERS.

109. (1) The Corporation may, with the previous sanction of the Powers of
Corporation
1
[State] Government, from time to time, borrow or re-borrow and take up at to borrow
money.
interest by the issue of debentures or otherwise on the security of any
immovable property vested in the Corporation or proposed to be acquired by
it under this Act or of all the taxes or of any tax which it is authorised to levy
for the purposes of this Act or the Transport Undertaking, or of all or any of
those securities any sum necessary for the purpose of,—
(a) defraying any costs, charges or expenses, incurred or to be incurred
by it in the execution of this Act ;
(b) for discharging any loan contracted under this Act or any other
loan or debt for the repayment of which the Corporation is liable ;
(c) generally for carrying out the purposes of this Act, including the
advance of loans authorised thereunder :
Provided that,—
(i) no loan shall be raised for the execution of any work other than
permanent work, which expression shall include any work of which the
cost should, in the opinion of the 1[State] Government, be spread over a
term of years ;
(ii) no loan shall be raised unless the 1[State] Government has
approved the terms on and the method by which the loan is to be raised
and repaid ;
(iii) the period within which the loan is to be repaid shall in no
case exceed sixty years, and, where a loan is raised for the repayment of
a previous loan, the period within which the subsequent loan is to be
repaid shall not extend beyond the unexpired portion of the period fixed
for the repayment of the original loan, unless the 1[State] Government
so directs, and shall in no case extend beyond the period of sixty years
from the date on which the original loan was raised.
(2) When any sum of money has been borrowed or re-borrowed under
sub-section (1),—
(a) no portion thereof shall, without the previous sanction of the
1
[State] Government, be applied to any purpose other than that for which
it was borrowed ; and
(b) no portion of any sum of money borrowed or re-borrowed for the
execution of any work shall be applied to the payment of salaries or

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
104 Maharashtra Municipal Corporations Act [1949 : LIX

allowances of any municipal officers or servants other than those who

are exclusively employed upon the work for the construction of which
the money was borrowed :
Provided that, such share of the cost on account of the salaries and
allowances of municipal officers or servants employed in part upon the
preparation of plans and estimates or the construction or supervision of
or upon the maintenance of the accounts of such work as the Standing
Committee may fix may be paid out of the sum so borrowed or re-
borrowed.
Restrictions 1
[109A. Notwithstanding anything contained in section 109, except with
on utilisation
of funds the prior approval of the State Government, neither any internal loan shall
created by
Corporation. be taken by the Corporation from any of the funds created by the Corporation
nor shall any utilisation of such funds for any purposes other than the purposes
for which the funds are created be made by the Corporation.]
Power of 110. Notwithstanding anything contained in section 109 the
Corporation
to borrow Corporation may borrow for the purposes of this Act from any bank or banks
from banks
against public in which the surplus money at the credit of the Municipal Fund or the
securities. Transport Fund may be deposited, against any public securities in which for
the time being the cash balances of the Corporation may be invested.

When and 111. Every loan raised by the Corporation under section 109 shall be
how loan shall
be repaid. repaid within the time approved under proviso (ii) to sub-section (1) of the
said section and by such of the following methods as may be approved under
the said proviso, namely :—
(a) by payment from a sinking fund established under section 112 in
respect of the loan ;
(b) by equal payments of principal and interest ;
(c) by equal payments of principal ;
(d) in the case of a loan borrowed before the appointed day by annual
drawings if such method was in operation for the repayment of such loan
immediately before such day ;
(e) from any sum borrowed for the purpose under section 109(1)(b) ; or
(f) partly from a sinking fund established under section 112 in respect
of the loan and partly from money borrowed for the purpose under section
109 (1)(b).

Maintenance 112. (1) Whenever the repayment of a loan from a sinking fund
and
application of has been sanctioned under proviso (ii) to sub-section (1) of section 109, the
sinking fund.
Corporation shall establish such a fund and shall pay into it, on such dates as
may have been approved under the said proviso, such sum as will, with

1
Section 109A was inserted by Mah. 32 of 2011, s.28.
1949 : LIX ] Maharashtra Municipal Corporations Act 105

accumulations of compound interest, be sufficient after payment of all

expenses to pay off the loan within the period approved :
Provided that if at any time the sum standing to the credit of the sinking
fund established for the repayment of any loan is of such amount that is
allowed to accumulate at compound interest it will be sufficient to repay the
loan within the period approved, then with the permission of the 1[State]
Government further payments into such fund may be discontinued.
(2) The Corporation may apply a sinking fund, or any part thereof, in or
towards the discharge of the loan for which such fund was established and,
until such loan or part is wholly discharged, shall not apply the same for any
other purpose.
113. (1) All money paid into a sinking fund shall within one month of Investment of
sinking fund.
the date on which the payment was due to be made under sub-
section (1) of section 112 be invested in public securities.
(2) All interest and other sums received in respect of any such investment
shall be paid into the sinking fund and shall, within one month of receipt, be
invested in the manner prescribed by sub-section (1).
(3) Money standing to the credit of two or more sinking funds may, at
the discretion of the Corporation, be invested in a common fund, and it shall
not be necessary for the Corporation to allocate the securities held in such
investment among the several sinking funds.
(4) When any part of a sinking fund is invested in debentures issued by
the Corporation or is applied in paying off any part of a loan before the period
fixed for repayment, the interest which would otherwise have been payable
on such debenture or on such part of the loan shall be paid into the sinking
fund and invested in the manner laid down in sub-section (1).
(5) Any investment made under sub-section (1) may be varied from time
to time or may be transferred from one sinking fund to another :
Provided that the fund from which the transfer is made shall be
reimbursed the value of such investment as on the date on which the transfer
is made.
(6) During the year in which the loan for the repayment of which a
sinking fund is established is due for repayment, the sum to be set apart as
portion of the principal of such sinking fund and the sum received on account
of interest on moneys forming part of such sinking fund may be retained by
the Corporation in such form as it thinks fit.
114. (1) In respect of any sinking funds which by this Act the Investment of
sinking fund
Corporation is directed or authorised to invest in public securities and in and surplus
respect of any surplus moneys which by this Act the Commissioner or the moneys in
debentures
Transport Manager on behalf of the Corporation is empowered to invest in issued by
like securities, it shall be lawful for the Corporation to reserve and set apart Corporation.
for the purpose of any such investment any debentures issued or to be issued
on account of any loan for which the sanction of the 1[State] Government
shall have been duly obtained :
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
106 Maharashtra Municipal Corporations Act [1949 : LIX

Provided that the intention so to reserve and set apart such debentures
shall have been notified to the 1[State] Government as a condition of the
issue of the loan.
(2) The issue of any such debentures direct to and in the name of the
Municipal Commissioner or the Transport Manager of the Transport
Undertaking on behalf of the Corporation shall not operate to extinguish or
cancel such debentures, but every debenture so issued shall be valid in all
respects as if issued to and in the name of any other person.
(3) The purchase by, or the transfer, assignment or endorsement to, the
Corporation or to the Commissioner or Transport Manager on behalf of the
Corporation of any debenture issued by the Corporation shall not operate to
extinguish or cancel any such debenture, but the same be valid and negotiable
in the same manner and to the same extent as if held by, or transferred,
assigned or endorsed to, any other person.
Annual 115. (1) All sinking funds established or maintained under this Act shall
examination
of sinking be subject to annual examination by 2[the Chief Auditor, Local Fund Accounts]
funds.
who shall ascertain whether the cash and the value of the securities belonging
thereto are actually equal to the amount which should be at the credit of
such funds had investments been regularly made and had the rate of interest
as originally estimated been obtained therefrom.
(2) The amount which should be at the credit of a sinking fund shall be
calculated on the basis of the present value of all future payments required
to be made to such fund under the provisions of this Act, on the assumption
that all investments are regularly made and the rate of interest as originally
estimated is obtained therefrom.
(3) The securities belonging to a sinking fund shall be valued for the
purposes of this section at their current market value, except in the case of
debentures issued under this Act or for any loan raised before the appointed
day for which the Corporation is liable which shall always be valued at par,
provided that, the Corporation shall make good immediately any loss which
may accrue on the actual sale of such debentures at the time of repayment of
the loan.
(4) The Corporation shall forthwith pay into any sinking fund any amount
which 2[the Chief Auditor, Local Fund Accounts] may certify to be deficient,
unless the 1[State] Government specially sanctions a gradual readjustment.
(5) If the cash and the value of the securities at the credit of any sinking
fund are in excess of the amount which should be at its credit, 2[the Chief
Auditor, Local Fund Accounts] shall certify the amount of such excess sum
and the Corporation may thereupon transfer the excess sum to the Municipal
Fund :
1
This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.
2
These words were substituted for the words " the Accountant General, Bombay," by Mah. 42
of 1976, s.18.
1949 : LIX ] Maharashtra Municipal Corporations Act 107

Provided that the Corporation may transfer such excess sum or portion
thereof as it may determine to the Transport Fund if the sinking fund from
which the transfer is made pertains to a loan which has been raised in whole
or part for the purposes of the Transport Undertaking.
(6) If any dispute arises as to the accuracy of any certificate made by
1
[the Chief Auditor, Local Fund Accounts] under sub-sections (4) and (5) the
Corporation may, after making the payment or transfer, refer the matter to
the 2[State] Government, whose decision shall be final.

116. In the case of all loans raised before the appointed day for which Provisions for
loans raised
the Corporation is liable the following provisions shall apply :— before the
appointed
(a) if when such loans were raised the loans were made repayable day.
from sinking funds, the Corporation shall establish sinking funds for the
repayment of such loans and shall pay into such funds such sums on such
dates as may have been fixed when the loans were raised ;
(b) all securities and cash held on the date immediately preceding the
appointed day in sinking funds established for the repayment of such loans
shall be held by the Corporation as part of the sinking funds established
under clause (a) ;
(c) the provisions of section 112 shall apply to such sinking funds ;
(d) if when any such loans were raised the loans were made repayable
by equal payments of principal and interest or by equal payments of
principal or by annual drawings, the Corporation shall make such payments
or annual drawings on such dates and in such manner as may have been
fixed when the loans were raised ;
(e) the provisions of section 117 shall apply to such loans.
117. (1) If any money borrowed by the Corporation or any interest or Attachment of
Municipal
costs due in respect thereof is or are not repaid according to the conditions Fund or
of the loan, the 2[State] Government, if it has itself given the loan, may, and Transport
Fund in
in other cases shall, on the application of the lender, attach the Municipal default of
repayment of
Fund or the Transport Fund or a portion of the Municipal Fund or the loan.
Transport Fund.
(2) After such attachment no person, except an officer appointed in this
behalf by the 2[State] Government, shall in any way deal with the attached
Fund or portion thereof ; but such officer may do all acts in respect thereof
which any municipal authority, officer or servant might have done if such
attachment had not taken place and may apply the proceeds in satisfaction
of the arrears and of all interest and cost due in respect thereof and of all
expenses caused by the attachment and subsequent proceedings :
Provided that, no such attachment shall defeat or prejudice any debt for
which the Fund or portion thereof attached was previously pledged in

1
These words were substituted for the words " the Accountant General, Bombay," by Mah. 42
of 1976, s. 18.
2
This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950.
H 610—17
108 Maharashtra Municipal Corporations Act [1949 : LIX

accordance with law, and all such prior charges shall be paid out of the
proceeds of the Fund or portion thereof before any part of the proceeds is
applied to the satisfaction of the liability in respect of which such attachment
is made.
Form of 118. (1) Debentures issued under this Act shall be in such form as the
debentures.
Corporation may with the previous sanction of the 1[State] Government from
time to time determine.
(2) The holder of any debenture in any form duly authorised under sub-
section (1) may obtain in exchange therefor upon such terms as the
Corporation shall from time to time determine, a debenture in any other
form so authorised.
(3) Every debenture issued by the Corporation under this Act shall be
transferable by endorsement.
(4) The right to payment of the moneys secured by any of such debentures
and to sue in respect thereof shall vest in the holder for the time being without
any preference by reason of some of such debentures being prior in date to
others.
Coupons 119. All coupons attached to debentures issued under this Act shall
attached to
debentures to be signed by the Chairman of the Standing Committee and the Commissioner
bear
signature of
on behalf of the Corporation and such signatures may be engraved,
Chairman of lithographed or impressed by any mechanical process.
Standing
Committee
and
Commissioner.

Debentures 120. Notwithstanding anything contained in section 45 of the Indian IX of

issued to two 1872.
or more Contract Act, 1872,—
persons
jointly. (1) when any debenture or security issued under this Act is payable to
two or more persons jointly, and either or any of them dies, the debenture
or security shall be payable to the survivor or survivors of such persons :
Provided that nothing in this sub-section shall affect any claim by the
legal representative of a deceased person against such survivor or survivors;
(2) when two or more persons are joint holders of any debenture or
security issued under this Act, any one of such persons may give an effectual
receipt for any interest or dividend payable in respect of such debenture
or security unless notice to the contrary has been given to the Corporation
by any other of such persons.
Issue of 121. (1) When a debenture issued under this Act is alleged to have
duplicate
securities. been lost, stolen or destroyed either wholly or in part and a person claims to
be the person to whom but for the loss, theft or destruction it would be payable,
he may, on application to the Commissioner, and on producing proof to his

1
This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.
1949 : LIX ] Maharashtra Municipal Corporations Act 109

satisfaction of the loss, theft or destruction and of the justice of the claim,
obtain from him an order,—
(a) if the debenture alleged to have been lost, stolen or destroyed is
payable more than six years after the date of publication of the notification
referred to in sub-section (2),—
(i) for the payment of interest in respect of the debenture pending
the issue of a duplicate debenture, and
(ii) for the issue of a duplicate debenture payable to the applicant,
or
(b) if the debenture alleged to have been lost, stolen or destroyed is
payable not more than six years after the date of publication of the
notification referred to in sub-section (2),—
(i) for the payment of interest in respect of the debenture without
the issue of a duplicate debenture, and
(ii) for the payment to the applicant of the principal sum due in
respect of the debenture on or after the date on which the payment
becomes due.
(2) An order shall not be passed under sub-section (1) until after the
issue of such notification of the loss, theft or destruction of the debenture as
may be prescribed by the Corporation, and after the expiration of such period
as may be prescribed by the Corporation nor until the applicant has given
such indemnity as may be required by the Corporation against the claims of
all persons deriving title under the debenture lost, stolen or destroyed.
(3) A list of the debentures in respect of which an order is passed under
sub-section (1) shall be published in the Official Gazette.
(4) If at any time before the Corporation becomes discharged under the
provisions of section 124 from liability in respect of any debenture the whole
of which is alleged to have been lost, stolen or destroyed, such debenture is
found, any order passed in respect thereof under this section shall be
cancelled.
122. (1) A person claiming to be entitled to a debenture issued under Renewal of
this Act may, on applying to the Commissioner and on satisfying him of the debentures.

justice of his claim and delivering the debenture receipted in such manner
and paying such fee as may be prescribed by the Commissioner, obtain a
renewed debenture payable to the person applying.
(2) Where there is a dispute as to the title to a debenture issued under
this Act in respect of which an application for renewal has been made, the
Commissioner may,—
(a) where any party to the dispute has obtained a final decision from
a Court of competent jurisdiction declaring him to be entitled to such
debenture, issue a renewed debenture in favour of such party,
(b) refuse to renew the debenture until such a decision has been
obtained, or
H 610—17a
110 Maharashtra Municipal Corporations Act [1949 : LIX

(c) after such inquiry as is hereinafter provided and on consideration

of the result thereof, declare by order in writing which of the parties is in
his opinion entitled to such debenture and may, after the expiration of
three months from the date of such declaration, issue a renewed debenture
in favour of such party in accordance with the provisions of sub-section (1),
unless within that period he has received notice that proceedings have
been instituted by any person in a Court of competent jurisdiction for the
purpose of establishing a title to such debenture.
Explanation.—For the purposes of this sub-section the expression “ final
decision ” means a decision which is not appealable or a decision which is
appealable but against which no appeal has been filed within the period of
limitation allowed by law.
(3) For the purposes of the inquiry referred to in sub-section (2) the
Commissioner may himself record, or may request 1[the Presidency
Magistrate specially empowered by the State Government, in Greater
Bombay, and elsewhere, the District Magistrate] to record or to have
recorded, the whole or any part of such evidence as the parties may produce.
The Magistrate to whom such request has been made may himself record the
evidence or may direct any Magistrate subordinate to him to record the
evidence and shall forward the record of such evidence to the Commissioner.
(4) The Commissioner or any Magistrate acting under this section may,
if he thinks fit, record evidence on oath.
Liability in 123. (1) When a renewed debenture has been issued under section 122
respect of
debenture in favour of any person, the debenture so issued shall be deemed to constitute
renewed. a new contract between the Corporation and such person and all persons
deriving the title thereafter through him.
(2) No such renewal shall affect the rights as against the Corporation of
any other person to the debenture so renewed.
Discharge in 124. When a duplicate debenture has been issued under section 121 or
certain cases.
when a renewed debenture has been issued under section 122 or when the
principal sum due on a debenture in respect of which an order has been
made under section 121 for the payment of the principal sum without the
issue of a duplicate debenture has been paid on or after the date on which
such payment became due, the Corporation shall be discharged from all
liability in respect of the debenture in place of which a duplicate or renewed
debenture has been so issued or in respect of which such payment has been
made, as the case may be,—
(a) in the case of a duplicate debenture, after the lapse of six years
from the date of the publication of the notification referred to in sub-section
(3) of section 121 or from the date of the last payment of interest on the
original debenture, whichever date is later ;
1
These words were substituted for the words beginning with the words “the Chief Presidency
Magistrate” and ending with the words “First Class” by Bom. 8 of 1954, s.2, Schedule—Part
III.
1949 : LIX ] Maharashtra Municipal Corporations Act 111

(b) in the case of a renewed debenture after the lapse of six years
from the date of the issue thereof ; and
(c) in the case of payment of the principal sum without the issue of a
duplicate debenture, after the lapse of six years from the date of
the publication of the notification referred to in sub-section (3) of section
121.

125. Notwithstanding anything in section 122, the Commissioner may Indemnity

in any case arising thereunder,—
(1) issue a renewed debenture upon receiving such indemnity in
favour of the Corporation and the Commissioner as he shall think fit against
the claims of all persons claiming under the original debenture, or
(2) refuse to issue a renewed debenture unless such indemnity is
given.

126. (1) The Commissioner shall, at the end of each year, prepare a Annual
statement
statement showing,— to be prepared
by
(a) the loans borrowed in previous years for which the Corporation is Commissioner.
liable and which have not been completely repaid before the commencement
of the year, with particulars of the amount outstanding at the
commencement of the year, the date of borrowing and the annual loan
charges ;
(b) the loans borrowed by the Corporation in the year with particulars
as to the amount and the date of borrowing and the annual loan charges ;
(c) in the case of every loan for which a sinking fund is maintained
the amount of accumulation on the sinking fund at the close of the year
showing separately the amount paid to the credit of the fund in the year ;
(d) the loans repaid in the year and in the case of the loans repaid in
instalments or by annual drawings, the amounts repaid in the year, and
the balance due at the close of the year ;
(e) the particulars of securities in which the sinking funds have been
invested or reserved therefor.

(2) Every such statement shall be laid before a meeting of the

Corporation and shall be published in the Official Gazette and a copy of such
statement shall be sent to the 1[State] Government and to the Accountant
General, Bombay.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
112 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XI.

MUNICIPAL TAXATION.

Taxes to be 127. (1) For the purposes of this Act, the Corporation shall impose
imposed the following taxes, namely :—
under this
Act. (a) property taxes ;
(b) a tax on vehicles, boats and animals.
(2) In addition to the taxes specified in sub-section (1) the Corporation
may for the purposes of this Act and subject to the provisions thereof impose
any of the following taxes, namely :—
1
* * *
2
* * * * * * * * * *

(c) a tax on dogs ;

(d) a theatre tax ;

(e) a toll on animals and vehicles, 3

* * * * *
entering the City ;
*
[(f) any other tax 4[(not being a tax on profession, trades, callings and
employments),] which the 5[State] Legislature has power under the
6
[Constitution] to impose in the 5[State].

1
Clauses (a), (aa) and (aaa) were deleted by Mah. 42 of 2017, s. 36.
2
Clause (b) was deleted by Mah. 16 of 1975, Schedule II.
3
The words and figures “other than motor vehicles or trailers, save as provided in section 14 of
the Bombay Motor Vehicles Tax Act, 1935” were deleted by Bom. 65 of 1958, s. 25, Third
Schedule.
4
These brackets and words were inserted by Mah. 16 of 1975, Schedule II.
5
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6
This word was substituted for the portion “Government of India Act, 1935”, by the Adaptation
of Laws Order, 1950.
*
Clause (f) of sub-section (2) and sub-section (4) of section 127 stand unmodified by the
Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
 1949 : LIX ] Maharashtra Municipal Corporations Act 113

1
[(2A) Notwithstanding anything contained in sub-section (1) or
sub-section (2), no tax or toll shall be levied on motor vehicles save as
Bom. LXV provided in section 20 of the Bombay Motor Vehicles Tax Act, 1958].
of 1958.
(3) The Municipal taxes shall be assessed and levied in accordance
with the provisions of this Act and the rules.

*
(4) Nothing in this section shall authorise the imposition of any tax
which the 2[State] Legislature has no power to impose in the 2[State] under
the 3[Constitution].

128. A Municipal tax may be recovered by the following processes in Manner of

recovering
the manner prescribed by rules :— Municipal
Taxes.
(1) by presenting a bill,

(2) 4 * * * *

(3) by distraint and sale of a defaulter’s movable property,

(4) by the attachment and sale of a defaulter’s immovable property,

(5) in the case of 5* * toll, by the seizure and sale of goods and vehicles,

(6) in the case of property tax by the attachment of rent due in respect
of the property,

(7) by suit.

PROPERTY TAXES.
6
[Property taxes leviable on reteable value or capital value.]
7
[128A. (1) Poperty taxes leviable on buildings and lands in the City Property
taxes what to
under this Act shall include water tax, water benefit tax, sewerage tax, consist.
sewerage benefit tax, general tax, education cess, street tax and betterment
charges.

(2) For the purposes of levy of property taxes, the expression “ building ”
includes a flat, a gala, a unit or any portion of the building.

1
This sub-section was inserted by Bom. 65 of 1958, s. 25, Third Schedule.
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
This word was substituted for the portion “Government of India Act, 1935”, by the Adaptation
of Laws Order, 1950.
4
Clause (2) was deleted by Mah. 10 of 2010, s. 2 (1).
5
The words “Octroi and” were deleted by Mah. 42 of 2017, s. 37.
6
This heading was substituted for the heading “Property Taxes leviable”, ibid,
s. 2 (2).
7
Section 128A was inserted, by Mah. 10 of 2010, s. 3.
*
Clause (f) of sub-section (2) and sub-section (4) of section 127 stand unmodified by the
Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
114 Maharashtra Municipal Corporations Act [1949 : LIX

(3) All or any of the property taxes may be imposed on a graduated

scale.

(4) Save as otherwise provided in this Act, it shall be lawful for the
Corporation to continue to levy all or any of the property taxes on the rateable
value of buildings and lands until the Corporation adopts levy of any or all
the property taxes on such buildings and lands on the capital value thereof
under sub-section (2) of section 129.]

1
[Property 129. 2
[(1)] 3[The following property taxes shall, subject to the exceptions,
taxes leviable
on rateable limitations and conditions hereinafter provided, be levied on buildings and
value, or on
capital value, lands in the City :—
as the case
may be, and
at what rate]. (a) a water tax at such percentage of their rateable value 4[or their
capital value as the case may be,] as the Corporation shall deem reasonable,
for providing a water supply for the City ;

5
[(aa) an additional water tax which shall be called “ the water benefit
tax ” at such percentage of their rateable value 6[or their capital value as
the case may be,] as the Corporation may consider necessary for meeting
the whole or part of the expenditure incurred or to be incurred on capital
works for making and improving the facilities of water supply ;]

7
[(b) conservancy tax or the sewerage tax at such percentage of their
rateable value 6[or their capital value as the case may be,] as the Corporation
may consider necessary for the collection, removal and disposal of human
waste and other wastes ;

(bb) an additional conservancy or sewerage tax which shall be called

“ the sewerage benefit tax ” at such percentage of their rateable value 6[or
their capital value as the case may be,] as the Corporation may consider
necessary for meeting the whole or a part of the expenditure incurred or
to be incurred on capital works for making and improving the facilities for
the collection, removal and disposal of human waste and other waste ;]

1
This marginal note was substituted by Mah. 10 of 2010., s. 4 (1).
2
Section 129 was re-numbered as sub-section (1) thereof, by Mah. 10 of 2010, s. 4 (2).
3
These words were substituted for the portion beginning with the words “For the purposes”
and ending with the words “taxes which”, by Mah. 10 of 2010, s. 4 (2) (A) (i).
4
These words were inserted, by Mah. 10 of 2010, s. 4 (2) (a) (ii).
5
Clause (aa) was inserted by Mah. 28 of 1990, s. 12 (a).
6
These words were inserted by Mah. 10 of 2010, s. 4 (2) (A) (iii), (iv) and (v).
7
These clauses were substituted for clause (b) by Mah. 28 of 1990, s. 12 (b).
1949 : LIX ] Maharashtra Municipal Corporations Act 115

(c) a general tax of not less than twelve per cent. of their rateable
value 1[or of not less than 0.1 and not more than 1 per centum of their
capital value, as the case may be,] which may be levied, if the Corporation
so determines 2* * * * * 3
[together with not less than one-
eight and not more than 4[two per centum] of their rateable value 5
[or of
not less than 0.01 and not more than 0.2 per centum of their capital value,
as the case may be,] added to the general tax in order to provide for the
expenses necessary for fulfilling the duties of the Corporation imposed or
arising by or under clause (5) of section 63 and Chapter XVII] :
Provided that the Corporation may, when fixing under section 99 or
section 150 the rate at which general tax shall be levied for any official
year or part of an official year, determine that the rate leviable in respect
of buildings and lands or portions of buildings and lands in which any
particular class of trade or business is carried on shall be higher than the
rate fixed in respect of other buildings and lands or portions of buildings
and lands by amount not exceeding one-half of the rate so fixed.
Explanation.—Where any portion of a building or land is liable to a
higher rate of the general tax such portion shall be deemed to be a separate
property for the purpose of municipal taxation ;
6
[(d) the education cess, leviable under section 148A ;
(e) the street tax, leviable under section 148C] ;
7
[(f) the betterment charges leviable under Chapter XVI].
8
* * * .
9
[(2) Notwithstanding anything contained in any other provisions of this
Act, but save as otherwise provided in the proviso and the Explanation to
sub-section (1), the Corporation may pass a resolution to adopt levy of
property tax on buildings and lands in the city on the basis of capital value of
the buildings and lands on and from such date, and at such rates, as the
Corporation may determine in accordance with the provisions of section 99 :
Provided that, for the period of five years from the date on which such
property tax is levied on capital value, the tax shall not exceed,—
(i) in respect of building used for residential purposes, two times,
and

1
These words and figures were inserted by Mah. 10 of 2010, s. 4 (2) (A) (vi) (a).
2
The words “on a graduated scale” were deleted by Mah. 41 of 1994, s. 72 (a).
3
These words, brackets and figures were inserted by Mah. 27 of 1975, s. 3.
4
These words were substituted for the words “three quarters per centum” by Mah. 12 of 1993,
s. 16 (a).
5
These words and figures were inserted by Mah. 10 of 2010, s. 4(2)(A)(vi)(b).
6
This clause was added by Mah. 12 of 1993, s. 16 (b).
7
Clause (f) was inserted by Mah. 10 of 2010, s. 4 (2) (A) (vii).
8
The proviso was deleted, by Mah. 10 of 2010, s. 4 (2) (A) (viii).
9
Sub-section (2) was added, by Mah. 10 of 2010, s. 4 (2) (B).
H 610—18
116 Maharashtra Municipal Corporations Act [1949 : LIX

(ii) in respect of building or land used for non-residential purposes,

three times,
the amount of the property tax leviable in respect thereof in the year
immediately preceding such date :
[Provided further that, where the property taxes levied in respect of
1

any residential or non-residential building or portion thereof were on the

basis of annual letting value arrived at considering leave and licence charges,
by whatever name called, then for the purposes of the first proviso, it shall
be lawful for the Commissioner to ascertain such tax leviable during such
immediately preceding year, as if such building or portion thereof were self-
occupied and had been so entered in the assessment book :]
[Provided 3[also] that, the Corporation may determine different rates
2

of property tax for different categories of user of a building or land or a part

thereof :]
[Provided also that ] the property tax levied on the basis of capital value
4

of any buildings or lands, on revision made under sub-rule (3) of rule 7A of

the TAXATION RULES in Chapter VIII of Schedule ‘D’, shall not in any case
exceed 40 per centum of the amount of the property tax payable in the year
immediately preceding the year or such revision :
Provided also that, for the period of five years commencing from the
year of adoption of capital value as the base for levy of property tax under
this sub-section, the amount of property tax leviable in respect of a residential
building or residential tenement, having carpet area of 46.45 sq. meters (500
sq. feet) or less, shall not exceed the amount of property tax levied and payable
in the year immediately preceding the year of such adoption of capital value
as the basis.
Explanation.—For the purposes of this section, after the Corporation
adopts the capital value as the basis of levy of property tax, the property tax
in respect of any taxable building shall be revised after every five years and
on each such revision, such amount of property tax, shall not in any case
exceed the forty per cent. of the amount of the property tax levied and payable
in the year immediately preceding the year of the revision.]
Levy of [129-1A. Notwithstanding anything contained in section 129 or any
5
property tax
at reduced other provisions of this Act, the property tax in respect of buildings and
rates in lands belonging to the Special Development Project shall be levied at such
respect of
buildings and reduced rate, as the State Government may, by notification in the Official
lands of Gazette, from time to time, fix ; and different rates may be fixed for different
Special
Development periods and for different Special Development Projects.
Projects.
Explanation.—For the purposes of this section, “ Special Development
Project ” means,—
1
This proviso was inserted by Mah. 11 of 2011, s. 8(a).
2
This proviso was inserted by Mah. 27 of 2010, s. 11(1).
3
This word was substituted for the word “further” by Mah. 11 of 2011, s. 8(b).
4
These words were substituted for the words “Provided further that” by Mah. 27 of 2010, s.
11(2).
5
Section 129-1A was inserted by Mah. 19 of 2006, s. 4.
1949 : LIX ] Maharashtra Municipal Corporations Act 117

(i) a development project undertaken either by the Government or

by the Planning Authority, within the meaning of clause (19) of section 2 of
Mah. the Maharashtra Regional and Town Planning Act, 1966 ; or
XXXVII
of 1966.
(ii) “ a Mega Project ” within the meaning of the Package Scheme of
Incentives, 2001,
approved by the High Power Committee under the Chairmanship of the Chief
Secretary to Government and declared by the State Government, by
notification in the Official Gazette, to be the Special Development Project.]

[129-2A. (1) Where a Corporation passes a resolution to adopt levy

1 Transitory
provisions in
of property taxes on buildings and lands in the City, on the basis of capital respect of
value of buildings and lands, notwithstanding anything contained in any other property taxes
on capital
provisions of this Act, the following provisions shall apply in the official year value.
in which such tax is levied on the basis of capital value of buildings and lands,
namely :—
(i) until the capital value of the buildings and lands in the City are
fixed, the tax leviable and payable in respect of such buildings and lands
shall provisionally be equal to the amount of tax leviable and payable in
the preceding year and it shall be lawful for the Corporation to issue a
provisional bill for the tax accordingly ;
(ii) on fixation of the capital value of the buildings and lands, the
Corporation shall issue a final bill of assessment of property taxes ;
(iii) after such final assessment, if it is found that the assessee has
paid excess amount, such excess shall be refunded within three months
from the date of issuing the final bill, alongwith interest from the date of
final bill, or after obtaining the consent of the assessee, shall be adjusted
towards payment of property taxes due, if any, for the subsequent years ;
and if the amount of tax on final assessment is more than the amount of tax
already paid by the assessee, the difference shall be recovered from the
assessee.
(2) The provisions of this section shall cease to operate after expiry of
the official year in which the Corporation has decided to levy property tax
on the basis of capital value of buildings and lands ].
[129A.] 3[(1)] Notwithstanding anything contained in section 129 or any Temporary
2
provision for
other provisions of this Act, whenever,— levying
general tax
(a) a new 4[larger urban area is specified] under sub-section (2) of at reduced
section 3 comprising wholly or partly, of an area of a Zilla Parishad ; or rate in area
of Zilla
(b) the limits of a 5[larger urban area] are altered under sub-section Parishad
(3) of section 3 so as to include any area of a Zilla Parishad, then the general included in a
5
[larger
tax shall be levied on buildings and lands in the former Zilla Parishad urban area.]
area during the periods specified in column (1) of the Table hereto appended
at the amounts specified against them in column (2) thereof, and such
1
Section 129-2A was inserted by Mah. 11 of 2011, s. 9.
2
This section was inserted by Mah. 29 of 1982, s. 7.
3
Section 129A was re-numbered as section (1) thereof by Mah. 12 of 1993, s. 17.
4
These words were substituted for the words “City is constituted” by Mah. 41 of 1994, s. 73(a).
5
These words were substituted for the word “City”, by Mah. 41 of 1994, s. 73(b).
H 610—18a
118 Maharashtra Municipal Corporations Act [1949 : LIX

amounts shall not be liable to be increased under section 150 during the
said periods :—
TABLE
Period Amount of General Tax
(1) (2)
1. Period from the date of inclusion 3
[The amount calculated at the rate
of the area in the City upto and of tax on lands and buildings payable
inclusive of the 31st March 1[of the in the area immediately before its
second year] following the year in inclusion in the City, under clause
which the area is included in the (i) of sub-section (1) of section 124 of
2
[larger urban area]. the Bombay Village Panchayats Act,
1958 or clause (e) of sub-section (1)
of section 157 of the Maharashtra
Zilla Parishads and Panchayat
Samitis Act, 1961, as the case may
be (hereinafter in this Table referred Bom. III
to as “the amount of tax payable in of 1959.
the Zilla Parishad area”)]. Mah. V
2. Period of one year following the 4
[20 per cent.] of the amount of of 1962.
period referred to in entry 1. general tax payable in the 2[larger
urban area] or the amount of tax
payable in Zilla Parishad area,
whichever is more.
3. Period of one year following the 5
[40 per cent.] of the amount of
period referred to in entry 2. general tax payable in the 2[larger
urban area] or the amount of tax
payable in the Zilla Parishad area,
whichever is more.
4. Period of one year following the 6
[60 per cent.] of the amount of the
period referred to in entry 3. general tax payable in the 2[larger
urban area] or the amount of tax
payable in the Zilla Parishad area,
whichever is more.
7
[5. Period of one year following the 80 per cent. of the amount of general
period referred to in entry 4. tax payable in the 2[larger urban
area] or the amount of tax payable
in the Zilla Parishad area,
whichever is more.
6. Any period after the expiry of the The same amount of general tax as in
period referred to in entry 5. force and payable in the remaining
area of the 2[larger urban area].]

[(2) The Corporation shall spend an amount worked out at the rate of not
8

less than one-third of the per capita expenditure incurred in the Corporation
area for the year immediately the year of inclusion of the Zilla Parishad
area or any such higher amount as may be feasible on development works in
the newly included area for the periods mentioned in entries 1 to 5 in the
Table in sub-section (1).]

1
These words were substituted for the words “of the year” by Mah. 12 of 1993, s. 17(1)(a)(i).
2
These words were substituted for the word “City” by Mah. 41 of 1994, s. 73(b).
3
This paragraph was substituted by Mah. 12 of 1993, s. 17(1)(a)(ii).
4
These figures and words were substituted for the figures and word, “40 per cent.” by Mah. 12
of 1993, s. 17(1)(b).
5
These figures and words were substituted for the figures and words “ 60 per cent.” by Mah. 12
of 1993, s. 17(1)(c).
6
These figures and words were substituted for the figures and words “ 80 per cent.” by Mah. 12
of 1993, s. 17(1)(d).
7
These entries were substituted for entry 5, by Mah. 12 of 1993, s. 17(1)(e).
8
Sub-section (2) was added, by Mah. 12 of 1993, s. 17(2).
1949 : LIX ] Maharashtra Municipal Corporations Act 119

130. (1) Subject to the provisions of section 134, the water tax shall be Water tax [or
2

water benefit
levied only in respect of premises— tax] on what
(a) to which private water supply is furnished from or which are premises
levied.
connected by means of communication pipes with any municipal water
works ; or
(b) which are situated in a portion of the City in which the
Commissioner has given public notice that the Corporation has arranged
to supply water from municipal water works by means of private water
connections or of public standposts, fountains or by any other means.
[(2) The water benefit tax shall be levied in respect of all premises
1

situated in the City.]

131. (1) The conservancy tax 3[or sewerage tax] shall be levied only in Conservancy
4
[tax or
respect of premises— sewerage tax]
(a) situated in any portion of the City in which public notice has been tax on what
premises to
given by the Commissioner that the collection, removal and disposal of all be levied.
excrementious and polluted matter from privies, urinals and cess-pools,
will be undertaken by municipal agency ; or
(b) in which, wherever situate, there is a privy, water-closet, cesspool,
urinal, bathing place or cooking place connected by a drain with a municipal
drain :
Provided that the said tax shall not be levied in respect of any premises
situated in any portion of the City specified in clause (a), in or upon which,
in the opinion of the Commissioner, no such matter as aforesaid accumulates
or is deposited.
(2) Premises in respect of which the Commissioner has directed that a
separate water-closet, privy or urinal need not be provided shall be deemed
to be liable to the levy of conservancy tax if, but for such direction, the tax
would be leviable in respect thereof.
[(3) The sewerage benefit tax shall be levied in respect of all premises
5

situated in the City.]

132. (1) The general tax shall be levied in respect of all buildings General tax
and lands in the City except— on what
premises to
(a) buildings and lands solely used for purposes connected with the be levied.
disposal of the dead ;
(b) buildings and lands or portions thereof solely occupied and used
for public worship or for a public charitable purpose ;
(c) buildings and lands vesting in the 6[Government] used solely for
public purposes and not used or intended to be used for purposes of trade
or profit or vesting in the Corporation, in respect of which the said tax, if
levied, would under the provisions hereinafter contained be primarily
leviable from the 6[Government] or the Corporation, respectively.
(2) The following buildings and lands or portions thereof shall not be
deemed to be solely occupied and used for public worship or for a public

1
Sub-section (2) was added by Mah. 28 of 1990, s. 13(b).
2
These words were inserted, by Mah. 28 of 1990, 14(a).
3
These words were inserted, by Mah. 28 of 1990, 14(a).
4
These words were inserted, by Mah. 28 of 1990, 14(b).
5
Sub-section (3) was added, by Mah. 28 of 1990, s. 14(c).
6
This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
120 Maharashtra Municipal Corporations Act [1949 : LIX

charitable purpose within the meaning of clause (b) of sub-section (1),

namely :—
(a) buildings or lands or portions thereof in which any trade or business
is carried on ; and
(b) buildings or lands or portions thereof in respect of which rent is
derived whether such rent is or is not applied solely to religious or
charitable purposes.
(3) Where any portion of any building or land is exempt from the
general tax by reason of its being solely occupied and used for public
worship or for a public charitable purpose such portion shall be deemed
to be a separate property for the purpose of municipal taxation.
Payments to 133. (1) The 2[State] Government shall pay to the Corporation annually
be made to
Corporation in two half-yearly installments payable by the 30th day of September and the
in lieu of
general tax by
31st day of March in every year in lieu of the general tax from which buildings
2
[State] and lands vesting in the 3[State Government] are exempted by clause (c) of
Government.
sub-section (1) of section 132, a sum ascertained in the manner provided in
sub-section (2) 4[, (2A)] and (3).
(2) The rateable value of the buildings and lands in the City vesting in
the [Government] and beneficially occupied, in respect of which, but for the
1

said exemption, general tax would be leviable from the 2[State] Government
shall be fixed by a person from time to time appointed in this behalf by the
2
[State] Government with the concurrence of the Corporation. The said value
shall be fixed by the said person, with a general regard to the provisions
contained in this Act and the rules concerning the valuation of property
assessable to property taxes, at such amount as he shall deem to be fair and
reasonable. The decision of the person so appointed shall hold good for a
term of five years, subject only to proportionate variation, if in the meantime
the number or extent of the buildings and lands 5[in the City vesting in the
State Government] materially increases or decreases.
[(2A) Where the Corporation has adopted the levy of property tax on
6

capital value of buildings and lands, the capital value of buildings and lands
in the City vesting in Government and beneficially occupied, in respect of
which but for the said exemption, general tax would be leviable from the
State Government, shall be the book value of such buildings or lands in
Government records and such capital value shall hold good for a term of five
years, subject only to proportionate variation, if in the meantime the number
or extent of the buildings and lands vesting in Government in the city
materially increases or decreases.]

1
This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2
This word was substituted for the word “Provincial”, by the Adaptation of Laws Order, 1950.
3
These words were substituted for the words “the Crown for the purpose of the Province”, ibid.
4
These brackets, figure and letter were inserted by Mah. 10 of 2010, s. 5(1).
5
This portion was substituted for the portion “vesting in the Crown in the City for the purposes
of the Province”, by Adaptation of Laws Order, 1950.
6
Sub-section (2A) was inserted by Mah. 10 of 2010, s. 5(2).
1949 : LIX ] Maharashtra Municipal Corporations Act 121

(3) The sum to be paid annually to the Corporation by the 1[State]

Government shall be eight-tenths of the amount which would be payable by
an ordinary owner of buildings or lands in the City, on account of the general
tax, on a rateable value 2[or on capital value, as the case may be,] of the same
amount as that fixed under sub-section (2) 3[or sub-section (2A), as the case
may be.]

4
[133A. Notwithstanding anything contained in this Chapter, the Power to
remit
Corporation may, for such period and subject to such conditions as may be property taxes
specified by it, remit the whole or any part of all or any of the property taxes in case of
buildings
payable in respect of any buildings, if the said taxes are primarily leviable occupied by
persons
from the actual occupier thereof, the Government, the Corporation or the affected by
Maharashtra Housing Board, and the building is occupied or intended to be natural
calamities,
occupied by persons affected by the devastation caused on the 12th day of etc.
July 1961, by the breaching of the Panshet and Khadakwasla dams or any
serious flood, fire, house collapse or other natural calamity or any slum
clearance scheme undertaken by the Government, Corporation or
Maharashtra Housing Board.]

Special provisions relating to water and conservancy taxes.

134. (1) The Commissioner may— Fixed charges

and
(a) in such cases as the Standing Committee shall generally approve, agreements
for payments
instead of levying the water tax in respect of any premises liable thereto, in lieu of
taxes for
charge for the water supplied to such premises by measurement at such water
rate as shall from time to time be prescribed by the said Committee in this supplied.

behalf or by the size of the water connection with the municipal main and
the purpose for which the water is supplied at such rates as shall from
time to time be prescribed by the Corporation ;
(b) in such cases as the Standing Committee shall generally approve,
compound with any person for the supply of water to any premises for a
renewable term of one or more years not exceeding five, on payment of a
fixed periodical sum in lieu of the water tax or charge by measurement or
by the size of the water connection which would otherwise be leviable from
such person in respect of the said premises.
(2) The Standing Committee may, for the cases in which the
Commissioner charges for water by measurement or by the size of the
water connection under clause (a) of sub-section (1), from time to time
prescribe such conditions as it shall think fit as to the use of the water
and as to the charge to be paid for water consumed whilst a meter is out
of order or under repair; and for the cases in which a composition is

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
These words were inserted by Mah. 10 of 2010, s. 5(3)(a).
3
These words, brackets, figure and letter were added, by Mah. 10 of 2010, s. 5(3)(b).
4
Section 133A was inserted by Mah. 28 of 1966, s. 2.
122 Maharashtra Municipal Corporations Act [1949 : LIX

made under clause (b) of the said sub-section the said Committee may
prescribe such conditions as to the use of the water as it shall think fit :
Provided that, no condition prescribed under this sub-section shall be
inconsistent with this Act or rules or bye-laws.
(3) A person who is charged for water by measurement or by the size of
the water connection or who has compounded for a fixed periodical
sum shall not be liable for payment of the water tax, but any sum payable
by him on account of water shall, if not paid when it becomes due, be
recoverable by the Commissioner as if it were an arrear of water tax.
1
[Govern- 135. If, in respect of premises used solely for public purposes and not
ment] to be
charged for used or intended to be used for purposes of profit or for residential, charitable
water by or religious purposes, water tax would be leviable under this Act from the
measure-
ment.
1
[Government], the Commissioner, in lieu of levying such tax, shall charge
for the water supplied to such premises, by measurements, at such rate as
shall be prescribed by the Standing Committee in this behalf not exceeding
the minimum rate at the time being charged under clause (a) of sub-section
(1) of section 134 to any other person ; and such charges shall be recoverable
as provided in sub-section (3) of the said section.
Supply of 136. No tax or charge of any kind shall be levied or demanded for the
water at
public use of water in or from any drinking fountain, tank, reservior, cistern, pump,
drinking well, duct, stand-pipe or other work used for the gratuitous supply of water
fountains, etc.,
not to be to the inhabitants of the City and vesting in the Corporation :
taxed.
Provided that, the water in or from any such work shall be used only for
personal or domestic purposes and not for the purpose of business or sale.
Conservancy 137. (1) The Commissioner may, whenever he thinks fit, fix the
tax 2[or
sewerage tax conservancy tax or 2[sewerage tax and sewerage benefit tax] to be paid in
and sewerage
benefit tax]
respect of any hotel, club, stable or other large premises at such special rate
may be fixed as shall be generally approved by the Standing Committee in this behalf,
at special rate
in certain whether the service in respect of which such tax is leviable be performed by
cases. human labour or by substituted means or appliances.
(2) In the case of premises used solely for public purposes and not used
or intended to be used for purposes of profit or for residential or charitable
or religious purposes in respect of which the conservancy tax 2[or sewerage
tax and sewerage benefit tax] is payable by the 1[Government] the
Commissioner shall fix the said tax at a special rate approved as aforesaid.
(3) In any such case the amount of the conservancy tax 2[or sewerage
tax and sewerage benefit tax] shall be fixed with reference to the cost or
probable cost of the collection, removal and disposal, by the agency of
municipal conservancy staff, of excrementitious and polluted matter from
the premises.
1
This word was substituted for the word “Crown” by the Adaptation of Laws
Order, 1950.
2
These words were inserted by Mah. 28 of 1990, s. 15.
1949 : LIX ] Maharashtra Municipal Corporations Act 123

138. (1) Any person who has paid to the Commissioner any 1[water
3
[Water tax,
water benefit
tax, water benefit tax, conservancy tax or sewerage tax, or sewerage benefit tax,
conservancy
tax] in respect of any permises shall, if he was not himself in occupation of tax, or
the said premises during the period for which he has made such payment sewerage tax,
or sewerage
2
* * * be entitled to receive the amount of the said payment from the benefit tax]
person, if any, in actual occupation of the said premises for the said period. paid by any
person may be
(2) For the recovery of the said amount from the person aforesaid, the recovered by
him from the
person who has paid the same shall have the same rights and remedies as if occupier of the
premises for
such amount were rent payable to him by the person from whom he is entitled which it is
to receive the same. paid.

[(3) If, under the terms of the tenancy, the rent charged for any such
4

premises is inclusive of 5[water tax, water benefit tax] or water charges and
subsequently water is supplied thereto through a common meter and if any
5
[water tax, water benefit tax] or water charges are paid by the owner or any
person acting on his behalf, such owner shall be entitled to recover from the
occupier of the premises only the difference between the 5[water tax, water
benefit tax] or water charges previously payable by him and the 5[water tax,
water benefit tax] or water charges payable in respect of such premises on
pro rata basis in proportion to the amount for which each of such premises is
let.

Liability for Property Taxes.

139. (1) Subject to the provisions of sub-section (2), property taxes Primary
responsibility
assessed upon any premises shall be primarily leviable as follows, namely :— for property
taxes on
(a) if the premises are held immediately from the 6[Government] or whom to rest.
from the Corporation, from the actual occupier thereof :
Provided that, property taxes due in respect of buildings vesting in
the [Government] and occupied by servants of the 6[Government] or other
6

persons on payment of rent shall be leviable primarily from the

6
[Government] ;
[(a-1) if the premises are held or occupied by a person, who is not the
7

owner and the whereabouts of the owner of the premises cannot be

ascertained, from the holder or occupier ; and
(a-2) if the premises are held or developed by a developer or an
attorney or any person in whatever capacity such person may be holding
the premises and in each of whom the right to sell the same exists or is
1
These words were substituted for the words “water tax or conservancy tax” by Mah. 28 of
1990, 16(a).
2
The words “and subject to any agreement or contract to the contrary” were deleted by Mah. 42
of 1976, s. 19(a).
3
These words were substituted for the words “water tax or conservancy tax” by Mah. 28 of
1990, 16(c).
4
Sub-section (3) was added by Mah. 42 of 1976, s. 19(b).
5
These words were substituted for the words “water tax” by Mah. 28 of 1990,
s. 16(b).
6
This word was substituted for the word “Crown” by the Adaptation of Laws
Order, 1950.
7
Clauses (a-1) and (a-2) were inserted by Mah. 10 of 2010, s. 6.
H 610—19
124 Maharashtra Municipal Corporations Act [1949 : LIX

acquired, from such holder, developer, attorney or person, as the case may
be :
Provided that, such holder, developer, attorney or person shall be
liable until the actual sale is effected ;]
(b) if the premises are not so held,—
(i) from the lessor if the premises are let ;
(ii) from the superior lessor if the premises are sub-let ;
(iii) from the person in whom the right to let the premises vests if
they are unlet.
(2) If any land has been let for any term exceeding one year to a tenant,
and such tenant has built upon the land, the property taxes assessed upon
the said land and upon the building erected thereon shall be primarily leviable
from the said tenant or any person deriving title from the said tenant by the
operation of law or by assignment or transfer but not by sub-lease or the
legal representative of the said tenant or person whether the premises be in
the occupation of the said tenant or person or legal representative or a sub-
tenant.
When 140. (1) If the sum due on account of any property tax remains unpaid
occupiers may after a bill for the same has been duly served under the rules upon the person
be held liable
for payment primarlily liable for the payment thereof and the said person be not the
of property occupier for the time being of the premises in respect of which the tax is due,
taxes.
the Commissioner may serve a bill for the amount upon the occupier of the
said premises, or, if there are two or more occupiers thereof, may serve a bill
upon each of them for such portion of the sum due as bears to the whole
amount due the same ratio which the rent paid by such occupier bears to the
aggregate amount of rent paid by them both or all in respect of the said
premises.
[(1A) Notwithstanding anything contained in sub-section (1), on and
1

from the date of adoption of capital value as the base for levy of property
taxes under sub-section (2) of section 129, but subject to the other provisions
of this Act, the Commissioner may serve a bill for the amount of property tax
on such occupier of the said premises, or, if there are two or more such
occupiers thereof, may serve a bill on each of them for such portion of the
sum due as bears to the whole amount of tax based on the capital value, due
in the same ratio which the capital value, of such portion of the premises of
the occupier or occupiers bears to the aggregate amount of the tax based on
the capital value, in respect of the said premises.]
(2) If the occupier or any of the occupiers fails within thirty days from
the service of any such bill to pay the amount therein claimed, the said amount
may be recovered from him in accordance with the rules.
(3) No arrear of a property-tax shall be recovered from any occupier
under this section 2* * * * which is due on account of any period for
which the occupier was not in occupation of the premises on which the tax is
assessed.

1
Sub-section (1A) was inserted by Mah. 10 of 2010, s. 7(1).
2
The words “which has remained due for more than one year, or ” were deleted by Mah. 10 of
2010, s. 7 (2).
1949 : LIX ] Maharashtra Municipal Corporations Act 125

(4) If any sum is paid by, or recovered from, an occupier under this
section, he shall be entitled to credit therefor in account with the person
primarily liable for the payment of the same.
[140A. Notwithstanding anything contained in this Act, the
1 Rebate in
property tax
Corporation may, by general or special order give such rebate in the payment for advance
of property tax, as the Corporation may, from time to time decide, to any payment.
person, primarily liable for payment of the property tax, who pays such tax,
before the date specified in the Bill for the purpose or, pays such tax for the
entire year in advance, and different rates of rebate may be specified for
different classes of user of the property.
140B. Notwithstanding anything contained in this Act, a rebate or Rebate or
remission in
remission in payment of property tax, in respect of a land and building wherein property tax
any ecologically beneficial scheme as may be identified for the purposes of for
this section, by the State Government or the Corporation is being implementing
ecologically
implemented, shall be given at such rate as the Corporation may, by general beneficial
or special order determine and different rates of rebate or remission may be scheme.
specified having regard to the nature and extent of the measures adopted for
implemention of ecologically beneficial scheme.
Explanation.—For the purposes of this section “ecologically beneficial
scheme” includes rain water harvesting system, vermi composting, use of
solar energy and other non-conventional sources of energy, recycling and re-
use of waste water, or any scheme for promoting environment friendly and
ecologically beneficial building construction or the like, as the Corporation
or the State Government may identify.]
141. (1) Property-taxes due under this Act in respect of any building Property
taxes to be a
or land shall, subject to the prior payment of the land revenue, if any, due to first charge on
the provincial Government thereupon, be a first charge, in the case of any premises on
which they are
building or land held immediately from the 2[Government], upon the interest
assessed.
in such building or land of the person liable for such taxes and upon the
moveable property, if any, found within or upon such building or land and
belonging to such person ; and, in the case of any other building or land, upon
the said building or land and upon the moveable property, if any, found within
or upon such building or land and belonging to the person liable for such
taxes.
Explanation.—The term “property-taxes” in this section shall be deemed
to include charges payable under section 134 for water suplied to any premises
and the costs of recovery of property-taxes as specified in the rules.
(2) In any decree passed in a suit for the enforcement of the
charge created by sub-section (1), the court may order the payment
to the Corporation of interest on the sum found to be due at such
rate as the Court deems reasonable from the date of the institution of the
suit until realisation, and such interest and the cost of enforcing the said
charge, including the costs of the suit and the cost of bringing premises or
movable property in question to sale under the decree, shall, subject as
aforesaid, be a fresh charge on such premises and movable property alongwith
the amount found to be due, and the Court may direct payment thereof to be
made to the Corporation out of the sale proceeds.

1
Sections 140A and 140B were inserted by Mah. 7 of 2009, s. 7.
2
This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
H 610—19a
126 Maharashtra Municipal Corporations Act [1949 : LIX

Tax on Vehicle, Boats and Animals.

Tax on 142. (1) Except as hereinafter provided, a tax at rates not exceeding
vehicles,
boats and those prescribed by order in writing by the 1[State] Government in this behalf
animals. from time to time shall be levied on vehicles, boats and animals of the
descriptions specified in the order, when kept for use in the City for the
conveyance of passengers or goods, in the case of vehicles and boats and for
riding, racing, draught or burden in the case of animals :
[Provided that no tax shall be levied on motor vehicles save as provided Bom.
2
LXV of
in section 20 of the *Bombay Motor Vehicles Tax Act, 1958.] 1958.
Explanation.—A vehicle, boat or animal kept outside the limits of the
City but regularly within such limits shall be deemed to be kept for use in
the City.
(2) The Corporation shall from year to year, in accordance with
section 99, determine the rates at which the tax shall be levied.
Exemptions 143. (1) The said tax shall not be leviable in respect of,—
from the tax.
(a) vehicles, boats and animals belonging to the Corporation other
than vehicles or animals used exclusively for the purposes of the Transport
Undertaking ;
(b) vehicles, boats and animals vesting in the 3[Government] and used
solely for public purposes and not used or intended to be used for purposes
of profit including vehicles, boats and animals belonging to the Defence
Forces ;
(c) vehicles and boats intended exclusively for the conveyance free of
charge of the injured, sick or dead ;
(d) children’s perambulators and tricycles ;
(e) vehicles belonging to municipal officers or servants who are
required by the terms of their appointment to maintain a conveyance for
the discharge of their duties :
Provided that the exemption granted by this clause will not be available in
respect of more than one vehicle for each officer or in respect of a vehicle
which does not belong to the class of conveyance which the officer is required
to maintain ;
(f) vehicles or boats kept by bona fide dealers in vehicles or boats for
sale merely, and not used :
Provided that, a tax at such rate as the Corporation shall with the
approval of the 1[State] Government fix in this behalf shall be levied half
yearly in advance from every dealer in motor vehicles for every seven motor
vehicles in respect of which a Trade Certificate is issued to him under
rules made under the Motor Vehicles Act, 1939. IV of
1939.
(2) If any question arises under clause (b) of sub-section (1) whether any
vehicle, boat or animal vesting in the 3[Government] is or is not used or
intended to be used for purposes of profit, such question shall be determined
by the 1[State] Government whose decision shall be final.
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
This proviso was inserted by Bom. 65 of 1958, s. 25, Third Schedule.
3
This word was substituted for the word “Crown” by the Adaptation of Laws
Order, 1950.
* The short title of this Act was amended as ‘‘ the Maharashtra Motor Vehicles Tax Act ’’ by
Mah. 24 of 2012, Sch.
1949 : LIX ] Maharashtra Municipal Corporations Act 127

144. The Commissioner may, with the approval of the Standing Livery-stable
keepers and
Committee, compound with any livery-stable keeper or other person keeping others may be
vehicles or horses or bullocks for hire or with any dealer having stables in compounded
with.
which horses are kept for sale on commission or otherwise, for the payment
of lump sum for any period not exceeding one year at a time, in lieu of the
taxes leviable under section 142 which such livery-stable keeper or other
person or dealer would otherwise be liable to pay.

145. (1) The Commissioner may make an inspection of any stable, Power to
inspect
garage or coach-house or any place wherein he may have reason to believe stables and
that there is any vehicle, boat or animal liable to a tax under this Act. summon
persons liable
(2) The Commissioner may, by written summons, require the attendance to the tax.

before him of any person whom he has reason to believe to be liable to the
payment of a tax in respect of a vehicle, boat or animal, or of any servant of
any such person, and may examine such person or servant as to the number
and description of vehicles, boats and animals, owned by or in the possession
or under the control of such person ; and every person so summoned shall be
bound to attend before the Commissioner and to give true information to the
best of his knowledge or belief, as to the said matters.
1
* * *

147. Until the contrary is proved any goods imported into the City shall Articles
imported for
be presumed to have been imported for the purposes of consumption, use or immediate
exportation.
sale therein unless such goods are conveyed from the place of import to the
place of export by such routes, within such time, under such supervision and
on payment of such fees therefor as shall be determined by the standing
orders.

Exemptions from Theatre Tax.

148. The theatre tax shall not be leviable in respect of— Exemptions
from theatre
(a) any entertainment or amusement for admission to which no charge tax.

is made or only a nominal charge is made ;

(b) any entertainment or amusement which is not open to the general
public on payment ;
(c) any entertainment or amusement the full proceeds of which, without
the deduction of expenses, are intended to be utilised for a public charitable
purpose ;

1
Section 146 alongwith the heading “Exemptions from Octroi” was deleted by Mah. 42 of 2017,
s. 38.
128 Maharashtra Municipal Corporations Act [1949 : LIX
1
[(d) any entertainment exempted by the Commissioner of Police, the
District Magistrate or the State Government from the entertainment duty
under the *Bombay Entertainments Duty Act, 1923.] Bom. I
of 1923.
Explanation.—For the purposes of this section a nominal charge shall be
such charge as may be fixed by the rules.
2
[Education Cess.
Levy of 148A. (1) For the purposes of clause (15) of section 63, the Corporation
education
cess.
may 3* * * * * levy within its area an additional tax on
buildings and lands (hereinafter referred to as “ the education cess ”), of so
many per centum, not exceeding five, of the rateable value, 4[or of so many
percentum of their capital value, as the case may be, as the Corporation may,
determine :]
Provided that,—
(a) all buildings and lands vesting in the Central Government ;
(b) all other buildings and lands exempted from the general tax under
section 132 ;
(c) all buildings and lands of a reteable value 5[or a capital value, as
the case may be,] below such sum as the Corporation may determine,
shall be exempted from the lavy of education cess.
(2) The Corporation may require the Commissioner to recover the
amount of the education cess determined under sub-section (1) by an addition
to the general tax levied under this Act. Every addition to the general tax
imposed under this sub-section shall be recovered by the Commissioner from
each person liable therefor in the same manner as the general tax due from
him. The provisions of sections 139 and 140 shall apply to the education cess
as if it were a part of the general tax levied under this Act.
Payment to be 148B. (1) With effect from the first day of April 1993, and in respect of
made to
Corporation the period during which the education cess is levied under section 148A, the
in lieu of State Government shall pay to the Corporation annually, in lieu of the
education cess
by State education cess from which buildings and lands vesting in the State
Government. Government are exempted by virtue of clause (b) of the proviso to sub-section
(1) of section 148A (hereinafter, in this section, referred to as “the exempted
buildings and lands”), a sum ascertained in the manner provided in sub-section
(2).

1
Clause (d) was inserted by Mah. 27 of 1975, s. 4.
2
These headings and sections were inserted by Mah. 12 of 1993, s. 18.
3
The words “with the previous sanction of the State Government” were deleted by Mah. 20 of
1995, s. 5.
4
This portion was substituted for the portion beginning with the words “as the Corporation ”
and ending with the words “graduated scale :” by Mah. 10 of 2010, s. 8 (1).
5
These words were inserted by Mah. 10 of 2010, s. 8(2).
* Now the short title has been amended as the Maharashtra Entertainments Duty Act (I of
1923) by Mah. XXIV of 2012, s.2 and 3, Schedule, entry 15, with effect from the 1st May of
1960.
1949 : LIX ] Maharashtra Municipal Corporations Act 129

(2) The sum to be paid annually to the Corporation by the State

Government shall be eight-tenths of the amount which could be, or would
have been, payable by an ordinary owner of buildings or lands in the City, on
account of the education cess, on the reteable value 1[or the capital value, as
the case may be,] of the same amount as that fixed under sub-section (2) 2[or
sub-section (2A)] of section 133 in respect of the exempted buildings and
lands.
Street Tax
148C. (1) The Corporation may, for the purposes of clause (18) of Levy of street
tax.
section 63, levy, within its area, an additional tax on buildings and lands
(hereinafter referred to as “the street tax”), of so many per centum, not
exceeding ten of their reteable value 3[or of so many per centum of their
capital value, as the case may be,] as the Corporation may, from time to time,
determine :
Provided that,—
(a) all buildings and lands vesting in the Central Government,
(b) all other buildings and lands exempted from the general tax under
section 132,
(c) all buildings and lands of a reteable value 4[or a capital value, as
the case may be,] below such sum as the Corporation may determine,
shall be exempted from the levy of street tax.
(2) The Corporation may require the Commissioner to recover the
amount of the street tax determined under sub-section (1) by an addition to
the general tax levied under this Act. Every addition to the general tax
imposed under this sub-section shall be recovered by the Commissioner from
each person liable therefor in the same manner as the general tax due from
him. The provisions of sections 139 and 140 shall apply to the street tax as if
it were a part of the general tax levied under this Act.]
Other taxes.
149. (1) In the event of the Corporation deciding to levy any of the Procedure to
taxes specified in sub-section (2) of section 127, it shall make detailed be followed in
levying other
provisions, in so far as such provision is not made by this Act, in the form of taxes.
rules, modifying, amplifying or adding to the rules at the time in force for the
following matters, namely :—
(a) the nature of the tax, the rates thereof, the class or classes of
persons, articles or properties liable thereto and the exemptions therefrom,
if any, to be granted ;
(b) the system of assessment and method of recovery and the powers
exercisable by the Commissioner or other officers in the collection of the
tax ;
(c) the information required to be given of liability to the tax ;
(d) the penalties to which person evading liability or furnishing
incorrect or misleading information or failing to furnish information may
be subjected ;
1
These words were inserted Mah. 10 of 2010, s. 9(1).
2
These words, brackets, figure and letter were inserted Mah. 10 of 2010, s. 9(2).
3
These words were inserted Mah. 10 of 2010, s. 10(1).
4
These words were inserted by Mah. 10 of 2010, s. 10(2).
130 Maharashtra Municipal Corporations Act [1949 : LIX

(e) such other matters, not inconsistent with the provisions of this
Act, as may be deemed expedient by the Corporation :
Provided that no rules shall be made by the Corporation in respect of any
tax coming under clause (f) of sub-section (2) of section 127 unless the 1[State]
Government shall have first given provisional approval to the selection of
the tax by the Corporation.
(2) The rules shall be submitted by the Corporation to the 1[State]
Government and the 1[State] Government may either refuse to sanction them
or refer them back to the Corporation for further consideration or sanction
them either as they stand or with such modifications as it thinks fit, not,
however, involving an increase in the rate or rates of the levy or the extent
thereof.
(3) Any sanction given by the 1[State] Government under sub-section (2)
shall become operative on such date not earlier than one month from the
date of the sanction as the 1[State] Government shall specify in the order of
sanction, and the Corporation shall be competent to levy the tax covered by
the sanction as from the date so specified.
(4) The Corporation and the 1[State] Government shall take such steps
as may be practicable to ensure that the date specified in the order of sanction
is the first day of April, unless the sanction is given in pursuance of a proposal
for supplementary taxation under section 150 :
Provided that nothing in sub-section (4) shall affect the power of the
Corporation to levy a tax as from a date later than the first day of April if the
sanction of the 1[State] Government is not given by the first day of March
immediately preceding and if the 1[State] Government in the order of sanction
specifies a date later than the first day of April for the commencement of the
levy of the tax.
(5) The provisions of this section shall apply, as far as may be, to any
alterations which the Corporation may from time to time decide to make in
the rates fixed for any tax, or in the class or classes of persons, articles, or
properties liable thereto or in the exemptions therefrom, if any, to be granted.
2
* * *
Additional [149A. 4[(1) The stamp duty leviable under the Maharashtra Stamp Act, LX of
3

Stamp duty 1958.

on instruments of sale, gift and usufructuary mortgage, respectively, of
on certain
transfers of immovable property shall, in the case of any such instrument relating to
immovable immovable property situated in the City, shall be increased by a surcharge
properties in
municipal at the rate of one per cent., in the case of sale or gift, on the value of the
areas. property so situated and in the case of an instrument of usufructuary mortgage
on the amout secured by the instrument as set forth in the instrument and
shall be collected accordingly under the said Act.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2.
Sub-section (6) was deleted by Mah. 42 of 2017, s. 39.
3.
Section 149A was inserted by Mah. 27 of 2009, s. 6.
4.
Sub-sections (1) and (2) were substituted w.e.f. 1-7-2017, by Mah. 7 of 2018, s. 2(i).
* Now, the short title has been amended as the Maharashtra Stamp Act (LX of 1958) by
Mah. 24 of 2012, s. 2 and 3, Schedule, entry 67, with effect from the 1st May of 1960.
1949 : LIX ] Maharashtra Municipal Corporations Act 131

LX of (2) For the purposes of this section, section 28 of the Maharashtra Stamp
1958.
Act, shall be read and enforced as if specifically required the particulars
therein referred to be set forth separately in respect of,–
(a) the property situated in the City ; and
(b) the property situated in any other area,] ;
(3) The State Government shall, every year, after due appropriation
made by law in this behalf, pay to the Corporation 1[of the City], a
grant-in-aid approximately equal to the amount of additional duty realized
on account of the surcharge levied under this section in respect of immovable
properties situated within the jurisdiction of that Corporation.
(4) The sum of money required to meet the expenditure by the State
Government under sub-section (3), shall be charged on the Consolidated Fund
of the State.
(5) The Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this section. 2[For the purposes of this
section the State Government may make rules retrospectively with effect
from the 1st July 2017.]
(6) All rules made under this section shall be subject to the condition of
previous publication.
(7) Every rule made under this section, shall be laid as soon as may be,
after it is made, before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one session
or in two successive sessions, and if, before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be
made, and notify such decision in the Official Gazette, the rule shall from the
date of publication of such notification have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously
done or omitted to be done under that rule.]

LX of [149B. (1) Without prejudice to the provisions of section 149A, the

3 Additional
1958. Stamp duty
stamp duty leviable under the Maharashtra Stamp Act, on the instruments on certain
of sale, gift and usufructuary mortgage, respectively, of immovable property transfers of
immovable
shall, in the case of any such instrument relating to immovable property properties in
situated in the City in which one or more Vital Important Urban Transport City having
notified
Projects (hereinafter in this section referred to as ‘‘ City having notified projects.
projects ’’) and executed on or after such date as may be specified by the
State Government, by notification in the Official Gazette, be increased by a
surcharge at the rate of one per cent., in case of instrument of sale or gift, on
the value of the property so situated and in case of an instrument of
usufructuary mortgage, on the amount secured by the instrument as set forth
in the instrument and shall be collected accordingly under the said Act.

1.
These words were substituted w.e.f. 1-7-2017 for the words “each of the notifed city” by Mah.
7 of 2018, s. 2(ii).
2.
These words were added w.e.f. 1-7-2017 by Mah. 7 of 2018, s. 2 (iii).
3.
Section 149B was inserted by Mah. 34 of 2015, s.2.
H 610—20
132 Maharashtra Municipal Corporations Act [1949 : LIX

(2) For the purposes of this section, section 28 of the Maharashtra Stamp LX of
1958.
Act shall be read and enforced as if, it specifically requires the particulars
therein referred to be set forth separately in respect of,—
(a) the property situated in the City having notified projects ; and
(b) the property situated in any other area.
(3) The State Government shall, every year, after due appropriation
made by law in this behalf, pay to the Corporation or the agency which has
undertaken the notified project, a grant-in-aid approximately equal to the
amount of additional duty realized on account of surcharge levied and
collected under this section in respect of the immovable properties situated
in the City having notified projects and such grant-in-aid shall be utilised on
such notified projects in the manner specified by the Government.
(4) The sum of money required to meet the expenditure by
the State Government under sub-section (3), shall be charged on the
Consolidated Fund of the State.
(5) The Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this section.
(6) All rules made under this section shall be subject
to the condition of previous publication.
(7) Every rule made under this section shall be laid, as soon as may be,
after it is made, before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session or sessions immediately following, both
Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, and notify such decision in the Official
Gazette, the rule shall from the date of publication of such notification have
effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done or omitted to be done under that
rule.
Explanation.— For the purposes of this section, the term ‘‘ notified
project ’’ means a Vital Important Urban Transport Project related
to Mass Rapid Transport System such as Metro Rail, Mono Rail, Bus Rapid
Transport System and includes Freeway, Sea-link, etc., in respect of which
the State Government has, by notification in the Official Gazette, declared
its intention to undertake such project either by itself or through the planning
authority, a New Town Development Authority, and other statutory authority,
an agency owned and controlled by the Central Government or the State
Government or a Government Company incorporated under the provisions
of the Companies Act, 2013 or any other law relating to companies for the 18 of
time being in force.’’] 2013.
1949 : LIX ] Maharashtra Municipal Corporations Act 133

Supplementary Taxation.

150. Whenever the Corporation determines under section 104 to have Any tax
imposable
recourse to supplementary taxation in any official year, it shall do so by under this Act
may be
increasing, for the unexpired portion of the said year, the rates at which any increased or
newly
tax imposable under this Act is being levied, subject to the limit and conditions imposed by
for such tax prescribed in this Act or in the orders or sanction of the 1[State] way of
imposing
Government or by leving, with due sanction, a tax imposable under this Act supplementary
Taxation.
but not being levied at the time being.

2
[150A. Notwithstanding anything to the contrary contained in this Power to
assess in
Act or the rules made thereunder, if for any reasons any person liable to pay case of
escape from
any of the taxes or fees leviable under this Act has escaped assessment in assessment.
any year, the Commissioner may, at any time within six years from the date
on which such person should have been assessed, serve on such person a
notice assessing him to the tax or fee due and demanding payment thereon
within 15 days from the date of such service ; and the provisions of this Act
and the rules made thereunder shall, so far as may be, apply as if assessment
was made in the year to which the tax or fee relates.]

Refunds.

151. Refunds of municipal tax shall be claimable in the manner and Refunds of
taxes how
subject to the conditions prescribed by rules. obtainable.

Writing off of taxes.

152. The Commissioner may, with the approval of the Standing Writing off of
irrecoverable
Committee, from time to time, write off any sum due on account of any tax or taxes.
of the costs of recovering any tax, which shall in his opinion, be irrecoverable.
3
[152-1A. Notwithstanding anything contained in section 152 or any Power of
Corporation
other provisions of this Act, the Corporation may, grant such rebate, as may to grant
rebate for
be approved by the State Government, to any person or class of persons, payment of
primarily liable for payment of property tax, who pays the amount of arrears arrears of tax.
of the property tax, as per the schedule of payment fixed by the Corporation.]

4
[CHAPTER XIA.

5
[CHAPTER XIB.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
Section 150A was inserted by Mah. 11 of 2011, s. 10.
3
Section 152-1A was inserted by Mah. 7 of 2009, s. 8.
4
Deleted by Mah. 42 of 2017, s. 40.
5
Deleted by Mah. 42 of 2017, s. 41.
H 610—20a
134 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XII.

DRAINS AND DRAINAGE.

Municipal Drains.
Drains to be 153. (1) The Commissioner shall maintain and keep in repair all
constructed
and kept in municipal drains and shall with the approval of the Corporation construct
repair by the such new drains as shall from time to time be necessary for effectually draining
Commissioner.
the City.
(2) The Commssioner shall also, in the case of any street in which there
is a municipal drain, construct at the charge of the Municipal Fund such
portion of the drain of any premises to be connected with such municipal
drain as it shall be necessary to lay under any part of such street and the
portion of any connecting drains so laid under the street shall vest in the
Corporation and be maintained and kept in repair by the Commissioner as a
municipal drain.
Adoption by 154. (1) The Commissioner may at any time with the approval of the
Corporation of
drains and
Corporation declare that any drain or part thereof or any drainage or sewage
drainage or disposal works situate within the City or serving the City or any part thereof
sewage shall, from such date as may be specified in the declaration, become vested
disposal
works. in the Corporation :
Provided that, when the Commissioner proposes to make a declaration
under this sub-section, he shall give written notice of the proposal to the
owner or owners of the drain or works in question and shall take no further
action in the matter until either one month has elapsed without an objection
against his proposal being lodged under sub-section (2) or, as the case may
be, until any objection so lodged has been duly considered.
(2) An owner aggrieved by the proposal of the Commissioner to make a
declaration under sub-section (1) may, within one month after notice of the
proposal is served upon him, appeal to the 1[State] Government or to such
officer of the 1[State] Government as the 1[State] Government may designate
by order in the Official Gazette in this behalf and shall, if he so appeals, give
written intimation of the fact to the Commissioner.
(3) After consideration of an appeal under sub-section (2), and after
making such inquiries as may be necessary, the 1[State] Government or the
said officer may with due regard to the provisions of sub-section (4) allow or
disallow the proposal of the Commissioner and may, if it or he think fit,
specify conditions, including conditions as to the payment of compensation
by the Commissioner, subject to which it or he allows the proposal.
(4) The Commissioner in deciding whether a declaration should be made
under sub-section (1) shall have regard to all the circumstances of the case
and, in particular, to the following considerations : —
(a) whether the drain or works in question is or are adapted to, or
required for, any general system of drainage or drainage disposal or sewage
disposal which the Commissioner has provided, or proposes to provide,
for the City or any part thereof ;
(b) whether the drain is constructed under a street or under land
reserved by or under the provisions of this Act or any other law for the
time being in force for a street ;
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX ] Maharashtra Municipal Corporations Act 135

(c) the number of buildings which the drain is intended to serve, and
whether, regard being had to the proximity of other buildings or the
prospect of future development, it is likely to be required to serve additional
buildings ;
(d) the method of construction and state of repair of the drain or
works ; and
(e) whether the making of the proposed declaratoin would be seriously
detrimental to the owner of the drain or works in question.
(5) Any person who immediately before the making of a declaration under
sub-section (1) was entitled to use the drain in question shall be entitled to
use it, or any drain substituted therefor, to the same extent as if the
declaration had not been made.
(6) When the Commissioner is about to take into consideration the
question of making a declaration under sub-section (1) with respect to a drain
or drainage or sewage disposal works situate within the jurisdiction of some
local authority other than the Corporation or situate within the City but
serving an area, or part of an area, within the jurisdiction of such local
authority, he shall give notice to that authority and no declaration shall be
made by him until either that authority has consented thereto or the 1[State]
Government, on an application made to it, has dispensed with the necessity
of such consent, either unconditionally or subject to such conditions as it
may think fit to impose.
(7) When the Commissioner has made a declaration under sub-section
(1) with respect to a drain or drainage disposal or sewage disposal works
situate within the jurisdiction of some local authority other than the
Corporation he shall forthwith give notice of the fact to such authority.
(8) The Commissioner shall not make a declaration under sub-section
(1) with respect to any drain or part of a drain or any works if that drain or
part of a drain or those works is or are vested in some local authority other
than the Corporation or in the Central Government or a railway
administration, except on the request of the authority, Government or
administration concerned.
155. (1) The Commissioner may carry any municipal drain through, Powers for
making
across or under any street, or any place laid out as or intended for a street or drains.
under any cellar or vault which may be under any street, and, after giving
reasonable notice in writing to the owner or occupier, into, through or under
any land whatsoever within City, or, for the purpose of outfall or distribution
of sewage, without the City.
(2) The Commissioner may enter upon, and construct any new drain in
the place of an existing drain in, any land wherein any municipal drain has
been already lawfully constructed, or repair or alter any municipal drain so
constructed.
156. The Commissioner may enlarge, alter the course of, lessen, arch Alteration
and
over or otherwise improve any municipal drain, and may disountinue, close discontinuance
up or destroy any such drain which has, in his opinion, become useless or of drains.
unnecessay or prohibit the use of any such drain either entirely or for the
purpose of foul water drainage or for the purpose of surface drainage :
Provided that, if by reason of anything done under this section any person
is deprived of the lawful use of any drain, the Commissioner shall, as soon as

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
136 Maharashtra Municipal Corporations Act [1949 : LIX

may be, provide for his use some other drain as effectual as the one which
has been discontinued, closed up or destroyed or the use of which has been
prohibited.
Cleansing 157. (1) The municipal drains shall be so constructed, maintained and
drains.
kept as to create the least practicable nuisance and shall be from time to
time properly flushed, cleansed and emptied.
(2) For the purpose of flusing, cleansing and emptying the said drains,
the Commissioner may construct or set up such reserviors, sluices, engines
and other works, as he shall from time to time deem necessary.

Drains of Private Streets and Drainage of Premises.

Power to 158. The owner of a private street shall be entitled to connect the drain
connect drains
private street of such street with a municipal drain subject to the conditions laid down in
with the rules.
municipal
drain.

Right of 159. (1) Subject to the provisions of this section, the owner or occupier
owners and
occupiers of of any premises shall be entitled to cause his drain to empty into a municipal
buildings and drain or other place legally set apart for the discharge of drainage :
lands to drain
into Provided that, nothing in this sub-section shall entitle any person,—
municipal
drain. (a) to discharge directly or indirectly into any municipal drain any
trade effluent except in accordance with the provisions of section 166 or
any liquid or other matter the discharge of which is prohibited by or under
this Act or any other law for the time being in force ;
(b) where separate municipal drains are provided for foul water and
for surface water, to discharge directly or indirectly,—
(i) foul water into a drain provided for surface water ; or
(ii) except with the permission of the Commissioner surface water
into a drain provided for foul water; or
(c) to have his drain made to communicate directly with a storm-water
overflow drain.
(2) Every person desirous of availing himself of the provisions of
sub- section (1) shall obtain the written permission of the Commissioner and
shall comply with such conditions as the Commissioner may prescribe as to
the mode in which and the superintendence under which connections with
municipal drains or other places aforesaid are to be made.
(3) The Commissioner may, if he thinks fit, in lieu of giving permission
under sub-section (2) to any person to have his drain or sewer connected
with a municipal drain or other place as aforesaid himself connect after giving
notice to the person concerned within fourteen days of the receipt of his
application, and the reasonable expenses of any work so done shall be paid
by the person aforesaid.
1949 : LIX ] Maharashtra Municipal Corporations Act 137

160. (1) Where a person proposes to construct a drain, the Powers of

Commissioner
Commissioner may, if he considers that the proposed drain is, or is likely to to require
be, needed to form part of a general drainage system which the Corporation drain of
proposed
has provided or proposes to provide, require him to construct the drain in a drain to be so
manner differing, as regards material or size of pipes, depth, fall, direction constructed as
to form part of
or outfall, or otherwise, from the manner in which he proposes, or could general
otherwise be required by the Commissioner, to construct it, and it shall be system.
his duty to comply with the requirements of the Commissioner.

(2) No person who under this section has been required by the
Commissioner to construct a drain in a particular manner shall construct it
or cause it to be constructed otherwise than in accordance with the
requirements of the Commissioner.

(3) The Commissioner shall repay from the Municipal Fund to the person
constructing a drain in accordance with a requirement under sub-section (1),
the entire expenses reasonably incurred by him in complying with such
requirement and, until the drain becomes a municipal drain, he shall also
from time to time repay to him from the Municipal Fund so much of any
expenses reasonably incurred by him in repairing or maintaining it as may
be attributable to the requirement having been made and complied with.

161. No person shall, without complying with the provisions of section Connections
with
158 or 159, as the case may be, and the rules, make or cause to be made any municipal
connection of a drain belonging to himself or to some other person with any drains not to
be made
municipal drain or a other place legally set apart for the discharge of drainage; except in
and the Commissioner may close, demolish, alter or remake any such conformity
connection made in contravention of this section, and the expenses incurred with section
158 or 159.
by the Commissioner in so doing shall be paid by the owner of the street, or
the owner or occupier of the premises, for the benefit of which the connection
was made, or by the person offending.

162. (1) If it shall appear to the Commissioner that the only means or Right of
owners and
the most convenient means by which the owner or occupier of any premises occupiers of
can cause his drain to empty into a municipal drain or other place legally set premises to
carry drain
apart for the discharge of drainge, is by carrying the same into, through or through land
under any land belonging to some person other than the said owner or belonging to
other persons.
occupier, the Commissioner, after giving to the owner of the land a reasonable
opportunity of stating any objection, may, if no objection is raised, or if any
objection which is raised appears to him invalid or insufficient, by an order
in writing, authorise the said owner or occupier to carry his drain into,
through or under the said land in such manner as he shall think fit to allow.

(2) Every such order, bearing the signature of the Commissioner, shall
be a complete authority to the person in whose favour it is made, or to any
agent or person employed by him for this purpose after giving or tendering
to the owner of the land reasonable written notice of his intention so to do, to
enter upon the said land with assistance and workmen, at any time between
sunrise and sunset and to execute the necessary work.

(3) Subject to all other provisions of this Act, the owner or occupier of
any premises, or any agent or person employed by him for this purpose, may,
138 Maharashtra Municipal Corporations Act [1949 : LIX

after giving or tendering to the owner of any land, wherein a drain has been
already lawfully constructed for the drainage of his said premises, reasonable
written notice of his intention so to do, enter upon the said land with
assistants and workmen, at any time between sunrise and sunset and
construct a new drain in the place of the existing drain or repair or alter any
drain so constructed.
(4) In executing any work under this section as little damage as may be
shall be done, and the owner or occupier of the premises for the benefit of
which the work is done shall—
(a) cause the work to be executed with the least practicable delay;
(b) fill in, reinstate and make good, at his own cost and with the least
practicable delay, the ground or portion of any building or other
construction opened, broken up or removed for the purpose of executing
the said work ;
(c) pay compensation to any person who sustains damage by the
execution of the said work.
(5) If the owner of any land, into, through or under which a drain has
been carried under this section whilst such land was unbuilt upon, shall
subsequently at any time desire to erect a building on such land, the
Commissioner shall by written notice require the owner or occupier of the
premises for the benefit of which such drain was constructed to close, remove
or divert the same in such manner as shall be approved by the Commissioner,
and to fill in, reinstate and make good the land as if the drain had not been
carried into, through or under the same :
Provided that no such requisition shall be made, unless, in the opinion
of the Commissioner, it is necessary or expedient, in order to admit of the
construction of the proposed building or the safe enjoyment thereof, that the
drain be closed, removed or diverted.
Owner of land 163. Every owner of land shall be bound to allow any person in whose
to allow
others to carry
favour an order has been made under sub-section (1) of section 162 to carry a
drains drain into, through or under the land of such owner on such terms as may be
through the
land.
prescribed in such order.

Commissioner 164. Where any premises are, in the opinion of the Commissioner,
may enforce
drainage of
without sufficient means of effectual drainage and a municipal drain or some
undrained place legally set apart for the discharge of drainage is situated at a distance
premises not exceeding one hundred feet from some part of the said premises, the
situate within
hundred feet Commissiner may, by written notice, require the owner or occupier of the
of municipal said premises,—
drain.
(a) to make a drain of such material, size and description and laid at
such level and according to such alignment and with such fall and outlet as
may appear to the Commissioner necessary, emptying into such municipal
drain or place aforesaid at such point as the Commissioner may consider
suitable :
Provided that, where any premises have already been drained under
municipal requirements and have to be redrained, no such requisition shall
be made without the previous sanction of the Standing Committee ;
1949 : LIX ] Maharashtra Municipal Corporations Act 139

(b) to provide and set up all such appliances and fittings as may appear
to the Commissioner necessary for the purposes of gathering and receiving
the drainge from, and conveying the same off, the said premises and of
effectually flushing such drain and every fixture connected therewith ;
(c) to remove any existing drain, or other appliance or thing used or
intended to be used for drainage, which in the opinion of the Commissioner
is injurious to health ;
(d) to provide a closed drain in substitution of an open drain or to
provide such other appliance or thing either newly or in substitution of
any existing appliance or thing or to provide both a closed drain and such
other appliance or thing in substitution of the existing open drain and
other appliance or thing, which is, or which is likely to be, injurious to
health;
(e) to provide and set up all such appliances and fittings as may appear
to the Commissioner to be necessary for the purpose of gathering and
receiving the waste water from floors and galleries of buildings when they
are washed, and conveying the same through spouts, by down-take pipes,
so as to prevent such waste water from discharging directly on streets or
inside any lower portion of the premises.

165. (1) Where any premises are, in the opinion of the Commissioner, Commissioner
without sufficient means of effectual drainage, but no municipal drain or may enforce
drainage of
such place as aforesaid is situated at a distance not exceeding one hundred undrained
feet from some part of the said premises, the Commissioner may, by written premises not
situate
notice, require the owner or occupier of the said premises— within
hundred feet
(a) to construct a drain upto a point to be prescribed in such notice, of municipal
to but not distant more than one hundred feet from some part of the said drain.
premises; or
(b) to construct a closed cesspool of such material, size and description
in such position at such level, and with allowance for such fall as the
Commissioner thinks necessary and drain or drains emptying into such
cesspool.
(2) Any requisition for the construction of any drain under sub-
section (1) may comprise any detail specified in section 164.

166. Subject to the provisions of this Act, rules and of by-laws, the Special
provisions
occupier of any trade premises may, with the consent of the Commissioner, relating to
or so far as may be permitted by any such rules or by-laws without such trade
effluent.
consent, discharge into the municipal drains any trade effluent proceeding
from those premises.

167. (1) Where the Commissioner is of opinion that any group or block Power of
Commissioner
of premises, any part of which is situated within one hundred feet of a to drain
municipal drain, or other place legally set a part for the discharge of drainage, premises in
combination.
already existing or about to be constructed, may be drained more economically
or advantageously in combination than separately, the Commissioner may
cause such group or block of premises to be drained by such method as appears
to the Commissioner to be best suited therefor, and the expenses incurred
H 610—21
140 Maharashtra Municipal Corporations Act [1949 : LIX

by the Commissioner in so doing shall be paid by the owners of such permises

in such proportions as the Commissioner think fit.
(2) Not less than fifteen days before any work under this section is
commenced the Commissioner shall give written notice to the owners of all
the premises to be drained, of—
(a) the nature of the intended work,
(b) the estimated expenses thereof, and
(c) the proportion of such expenses payable by each owner.
(3) The owners, for the time being of the several premises constituting
a group or block drained under sub-section (1) shall be the joint owners of
every drain constructed, erected or fixed, or continued for the special use
and benefit only of such premises, and shall in the proportions in which it is
determined that the owners of such premises are to contribute to the expenses
incurred by the Commissioner under sub-section (1), be responsible for the
expense of maintaining every such drain in good repair and efficient condition :
Provided that every such drain shall from time to time be flushed,
cleansed and emptied by the Commissioner at the charge of the Municipal
Fund.
Commissioner 168. (1) Where a drain connecting any premises with a municipal drain
may close or
limit the use or other place legally set apart for the discharge of drainage, though sufficient
of existing for the effectual drainage of the said premises and otherwise unobjectionable
private
drains. is not, in the opinion of the Commissioner, adapted to the general drainage
system of the City or of the part of the City in which such drain is situated,
the Commissioner may,—
(a) subject to the provision of sub-section (2), close, discontinue, or
destroy the said drain and cause any work necessary for that purpose to
be done ;
(b) direct that such drain shall, from such date as he may specify in
this behalf, be used for sullage and sewage only, or for rainwater only or
for unpolluted sub-soil water only, or for both rainwater and unpolluted
sub-soil water only, and by written notice require the owner or occupier of
the premises to make an entirely distinct drain for rainwater or unpolluted
sub-soil water, or for both rainwater and unpolluted sub-soil water, or for
sullage and sewage.
(2) No drain may be closed, discontinued or destroyed by the
Commissioner under item (a) in sub-section (1) except on condition of his
providing another drain as effectual for the drainage of the premises and
communicating with any municipal drain or other place aforesaid which the
Commissioner thinks fit; and the expense of the construction of any drain so
provided by the Commissioner and of any work done under the said item
shall be paid by the Commissioner.
(3) Any requisition made by the Commissioner under item (b) of
sub-section (1) may embrace any detail specified in item (a) or (b) in section
164.
1949 : LIX ] Maharashtra Municipal Corporations Act 141

169. Subject to the provisions of sub-section (2) of section 153, every Vesting and
maintenance
drain which has been constructed, laid, erected or set up, whether at the of drains for
expense of the Corporation or not, or which is continued for the sole use and sole use of
properties.
benefit of any premises or group of premises shall—
(a) notwithstanding anything contained in section 170, vest in the
owner of such premises or group of premises on and from the appointed
day;
(b) be provided with all such further appliances and fittings as may
appear to the Commissioner necessary for the more effectual working of
the same, and also be maintained in good repair and efficient condition by
the owner of such premises or group of premises, and be from time to time
flushed, cleansed and emptied by the Commissioner at the charge of the
Municipal Fund.

170. All drains, ventilation-shafts and pipes and all appliances and Right of
Corporation
fittings connected with drainage works constructed, erected or set up at any to drains, etc.
constructed,
time at the charge of the Municipal Fund or at the charge of the funds of any etc. at charge
local authority having jurisdiction in any part of the City before the appointed of Municipal
Fund on
day upon any premises not belonging to the Corporation and otherwise than premises not
belonging to
for the sole use and benefit of the premises or group of premises shall, unless Corporation.
the Corporation has other wise determined, vest in the Corporation.

171. (1) It shall not be lawful newly to erect any building, or to re- New building
not to be
erect any building, or to occupy any building newly erected or re-erected erected
unless and until— without
drains.
(a) a drain be constructed of such size, material and description, at
such level and with such fall as shall appear to the Commissioner to be
necessary for the effectual drainage of such building;
(b) there have been provided for and set up in such building and in
the premises appurtenant thereto, all such appliances and fittings as may
appear to the Commissioner to be necessary for the purposes of gathering
and receiving the drainage from, and conveying the same off, the said
building and the said premises, and of effectually flushing the drain of the
said building and every fixture connected therewith.
(2) The drain to be constructed as aforesaid shall empty into a municipal
drain or into some place legally set apart for the discharge of drainage situated
at a distance not exceeding one hundred feet from the premises in which
such building is situated; but if no such drain or place is within that distance
then such drain shall empty into such cesspool, as the Commissioner directs.

172. Every owner of a drain connected with a municipal drain, or other Obligation of
owners of
place legally set apart for the discharge of drainage shall be bound to allow drains to
the use of it to others, or to admit other persons as joint owners thereof, on allow
joint
use or

such terms as may be prescribed under section 173. ownership to

H 610—21a other.
142 Maharashtra Municipal Corporations Act [1949 : LIX
How right of 173. (1) Any person desiring to drain his premises into a municipal
use of joint
ownership of a drain through a drain of which he is not an owner, may make a private
drain may be arrangement with the owner for permitting his use of the drain, or may apply
obtained by a
person other to the Commissioner for authority to use such drain or to be declared joint
than the owner thereof.
owner.
(2) Where the Commissioner is of opinion, whether on receipt of such
application or otherwise, that the only, or the most convenient, means by
which the owner or occupier of any premises can cause the drain of such
premises to empty into a municipal drain or other place legally set apart for
the discharge of drainage is through a drain communicating with such
municipal drain or place aforesaid but belonging to some person other than
the said owner or occupier, the Commissioner, after giving the owner of the
drain a reasonable opportunity of stating any objection thereto, may, if no
objection is raised or if any objection which is raised appears to him invalid
or insufficient, by an order in writing, either authorise the said owner or
occupier to use the drain or declare him to be a joint owner thereof, on such
conditions as to the payment of rent or compensation and as to connecting
the drain of the said premises with the communicating drain and as to the
respective responsibilities of the parties for maintaining, repairing, flushing,
cleansing and emptying the joint drain, or otherwise, as may appear to him
equitable.
(3) Every such order bearing the signature of the Commissioner shall
be a complete authority to the person in whose favour it is made, or to any
agent or person employed by him for this purpose, after giving or tendering
to the owner of the drain the compensation or rent specified in the said order
and otherwise fulfilling, as far as possible, the conditions of said order, and
after giving to the owner of the drain reasonable written notice of his intention
so to do, to enter upon the land in which the said drain is situate with
assistants and workmen, at any time between sunrise and sunset, and, subject
to all provisions of this Act, to do all such things as may be necessary for,—
(a) connecting the two drains ; or
(b) renewing, repairing or altering the connection; or
(c) discharging any responsibility attaching to the person in whose
favour the Commissioner’s order is made for maintaining, repairing,
flushing, cleansing or emptying the joint drain or any part thereof.
(4) In respect of the execution of any work under sub-section (3) the
person in whose favour the Commissioner’s order is made shall be subject to
the same restrictions and liabilites which are specified in sub-section (4) of
section 162.
Sewage and 174. Whenever it is provided, in this Chapter that steps shall or may
rain water
drains to be be taken for the effectual drainage of any premises, the Commissioner may
distinct. require that there shall be one drain for sullage, excrementitious matter and
polluted water and another and an entirely distinct drain for rain water and
unpolluted sub-soil water or for both rain water and unpolluted sub-soil
water, each emptying into separate municipal drains or other places legally
set apart for the discharge of drainage or other suitable places.
1949 : LIX ] Maharashtra Municipal Corporations Act 143

175. (1) For the purpose of ventilating any drain or cesspool, whether Affixing of
pipes for
belonging to the Corporation or to any other person, the Commissioner may ventilation of
erect upon any premises or affix to the outside of any building or to any tree drains, etc.
any such shaft or pipe as shall appear to the Commissioner necessary and
cut through any projection from any building including the eaves of any roof
thereof in order to carry up such shaft or pipe through any such projection
and lay in, through, or under any land such appliances as may in the opinion
of the Commissioner be necessary for connecting such ventilating shaft or
pipe with the drain or cesspool intended to be ventilated.
(2) Such shaft or pipe shall be erected or affixed or removed in the
manner laid down in the rules.
(3) If the Commissioner declines to remove a shaft or pipe under the
rules, the owner of the premises, building or tree, upon or to which the same
has been erected or affixed, may apply to the Judge, within fifteen days of
the receipt by him of the reply of the Commissioner.
(4) Where the owner of any building or land cut through, opened or
otherwise dealt with under sub-section (1) is not the owner of the drain or
cesspool intended to be ventilated, the Commissioner shall, so far as is
practicable, reinstate and make good such building, and fill in and make good
such land, at the charge of the Municipal Fund.
Diposal of Sewage.
176. The Commissioner may cause all or any municipal drains to empty Appointment
of places for
into any place, whether within or without of the City, and dispose of the emptying of
sewage at any place whether within or without the City, and in any manner drains and
disposal of
which he shall deem suitable for such purpose : sewage.
Provided that,—
(a) the Commissioner shall not cause any municipal drain to empty
into any place into which a municipal drain has not heretofore emptied, or
dispose of sewage at any place or in any manner at or in which sewage has
not heretofore been disposed of, without the sanction of the Corporation;
(b) no municipal drain shall be made to empty into any place, and no
sewage shall be disposed of at any place or in any manner which the
1
[State] Government shall think fit to disallow.
177. The Commissioner may, for the purpose of receiving, creating, Provision of
means for
storing, disinfecting, distributing or otherwise disposing of sewage, construct
disposal of
any work within or without the City or purchase or take on lease any land, sewage.
building, engine, material or apparatus either within or without the City or
enter into any arrangement with any person for any period not exceeding
twenty years for the removal or disposal of sewage within or without the
City.
Water-closets, Privies, Urinals, etc.
178. (1) It shall not be lawful to construct any water-closet or privy for Construction
of water
any premises except with the written permission of the Comissioner and in closets and
accordance with such terms not being inconsistent with any rule or by-law privies.
for the time being in force as he may prescribe.

1
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
H 610—23
144 Maharashtra Municipal Corporations Act [1949 : LIX

(2) In prescribing any such terms the Commissioner may determine in

each case,—
(a) whether the premises shall be served by the water-closet or by
the privy system, or partly by one and partly by the other ; and
(b) what shall be the site or position of each water-closet or privy.
(3) If any water-closet or privy constructed on any premises in
contravention of sub-section (1), the Commissioner may, after giving not less
than ten days notice to the owner or occupier of such premises, close such
water-closet or privy, and alter or demolish the same, and the expenses
incurred by the Commissioner in so doing shall be paid by such owner or
occupier or by the person offending.
Water- 179. (1) It shall not be lawful to erect or to re-erect or convert within
closets and
other the meaning of section 253 any building for, or intended for, human habitation,
accomodation or at or in which labourers or workmen are to be employed, without such
in buildings
newly erected water-closet or privy accommodation, and such urinal accommodation and
or re-erected.
accommodation for bathing or for the washing of clothes and domestic utensils
of such building as the Commissioner may prescribe :
1
[Provided that it shall be lawful with the permission of the Commissioner
to erect, re-erect or convert any building as aforesaid without water-closet
or privy accommodation on any plot of land not exceeding one thousand
square feet situated in such area or areas as the Commissioner with the
previous sanction of the Standing Committee, having regard to the relatively
undeveloped and rural character thereof, considers it unessential to provide
for such water-closet or privy accommodation].
(2) In prescribing any such accommodation the Commissioner may
determine in each case,—
(a) whether such building or work shall be served by the water-closet
or by the privy system, or partly by one and partly by the other;
(b) what shall be the site or position of each water-closet, privy, urinal
or bathing or washing place and their number.
(3) In determining the accommodation to be required under sub-section
(2) the Commissioner shall have regard to the necessity of providing adequate
and suitable water-closets or privies and bathing places for domestic servants
employed by the occupants of the building.
2
[(4) Where premission to erect, re-erect or convert any building without
water-closet or privy accommodation in any area is given under the proviso
to sub-section (1), the Commissioner shall provide and maintain privies and
laterines in proper and convenient places in that area or in the vicinity thereof
within such period as the State Government may, in consultation with the
Commissioner, determine in this behalf.
1
This proviso was added by Mah. 39 of 1963, s. 2(a).
2
Sub-sections (4) and (5) were added by Mah. 39 of 1963, s. 2 (b).
1949 : LIX ] Maharashtra Municipal Corporations Act 145

(5) If the Commissioner fails to provide privies and latrines within the
period determined as aforesaid, the State Government may provide for such
privies and latrine, and direct that the cost thereof shall be paid out of the
Municipal Fund; and thereupon, the provisions of section 449 shall apply to
the recovery of such cost as they apply in relation to the recovery of expenses
incurred in pursuance of an order as is mentioned in sub-section (2) of section
448].

180. The Commissioner shall provide and maintain in proper and Public
necessaries.
convenient situations water-closets, latrines, privies and urinals and other
similar conveniences for public accommodation.

Inspection.

181. (1) All drains, ventilation-shafts and pipes, cess-pools, house- Drains, etc.,
not belonging
gullies, water-closets, privies, latrines and urinals and bathing and washing to
places which do not belong to the Corporation, or which have been Corporation
to be subject
constructed, erected or set up at the charge of the Municipal Fund on premises to inspection
not belonging to the Corporation, for the use or benefit of the owner or occupier and
examination.
of the said premises, shall be open to inspection and examination by the
Commissioner.
(2) The Commissioner may, in the course of an inspection or examination
under sub-section (1), obtain and take away a sample of any trade effluent
which is passing from the premises inspected or examined into a Municipal
drain. The analysis of such sample shall be made in the manner prescribed
by the rules.
(3) The results of any analysis of a sample taken under sub-section (2)
shall be admissible as evidence in any legal proceedings under this Act.

182. For the purpose of such inspection and examination, the Power to open
ground, etc.,
Commissioner may cause the ground or any portion of any drain or other for purposes
work exterior to building or any portion of a building, which he shall think of inspection
and
fit, to be opened, broken up or removed. examination.

183. (1) If upon any such inspection and examination as aforesaid, it Expenses of
inspection
shall be found that the drain, ventilation-shaft or pipe, cess-pool, house-gully, and
water-closet, privy, latrine or urinal or bathing or washing place examined examination.
is in proper order and condition, and that none of the provisions of this Act
or of the rules or by-laws or any other enactment for the time being in force
has been contravened in respect of the construction or maintenance thereof,
and that no encroachment has been made thereupon, the ground or portion
of any building, drain or other work, if any, opened, broken up or removed
for the purpose of such inspection and examination shall be filled in, reinstated
and made good by the Commissioner.
(2) If it shall be found that any drain, ventilation-shaft or pipe, cess-pool, house-
gully, water-closet, privy, latrine or urinal or bathing or washing place so
146 Maharashtra Municipal Corporations Act [1949 : LIX

examined is not in good order or condition, or has been repaired, changed,

altered or encroached upon, or, except when the same has been constructed
by or under the order of the Commissioner, if it has been constructed in
contravention of any of the provisions of this Act or the rules or bye-laws or
of any enactment for the time being in force the expenses of the inspection
and examination shall be paid by the owner of the premises, and the said
owner shall fill in, reinstate and make good the ground, or portion of any
building, drain or other work opened, broken up or removed for the purpose
of such inspection and examination, at his own cost.
Commissioner 184. (1) When the result of such inspection and examination as
may require
repairs, etc., aforesaid is as described in sub-section (2) of section 183 the Commissioner
to be made. may,—
(a) by written notice require the owner of the premises or the several
owners of the respective premises in which the drain, ventilation-shaft or
pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing
or washing place is situated or for the benefit of which the same has been
constructed, erected or set up,—
(i) to close or remove the same or any encroachment thereupon or,
subject to the proviso to clause (c) of sub-section (1) of section 186, to
remove any projection over the same, or
(ii) to renew, repair, cover, recover, trap, ventilate, flush, pave and
pitch or take such other order to keep the same in working condition by
effecting such other works as he shall think fit to direct and to fill in,
reinstate and make good the ground, building, or thing opened, broken
up or removed for the purpose of such inspection and examination ; and
(b) without notice, close, fill up or demolish any drain by which sullage
or sewage is carried through, from, into or upon any premises in
contravention of any of the provisions of this Act or the rules or
by-laws, and the expenses incurred by the Commissioner in so doing shall
be paid by such owner or owners.
(2) Any requisition under clause (a) of sub-section (1) in respect of any
drain which has been constructed, erected or set up, or which is continued
for the sole use and benefit of a property or for the exclusive use and benefit
of two or more properties, may include any extension thereof beyond such
property or properties if and so for as such extension has been constructed,
erected or set up, or is continued, for the sole use and benefit of such property
or properties.
Cost of 185. In the case of any drain which has been constructed, ereted or fixed,
inspection
and execution or which is continued, for the exclusive use and benefit of two or more
of works in premises and which is not,—
certain cases.
(a) a drain constructed under sub-section (1) of section 167, or
(b) a drain in respect of which conditions as to the respective
responaibilities of the parties have been declared under sub-section (2) of
section 173,
1949 : LIX ] Maharashtra Municipal Corporations Act 147

the expenses of any inspection and examination made by the Commissioner

under section 181 and of the execution of any work required under section
184, whether executed under section 188 or not, shall be paid by the owners
of such premises, in such proportions, as shall be determined by the
Commissioner.
1
[185A. (1) It shall be the responsibility of every owner or occupier of Responsibility
of owner or
a building to ensure that the exterior of the building is kept and maintained occupier to
in good condition and, is not in a state of disrepair or spoiled on account of keep and
maintain
cracks, stains, shabby enclosures, hanging wires or cables or keeping of exterior of
building in
unwholesome articles which spoil the apperance of a building or part thereof : good
condition.
Provided that, nothing in this section shall apply to the area declared as
Mah. slum area under sub-section (1) of section 4 of the Maharashtra Slum Areas
XXVIII
of 1971. (Improvement, Clearance and Redevelopment) Act, 1971 and the buildings
in respect of which the re-development plan is sanctioned by the Competent
Authority or is under consideration of the Competent Authority.
(2) If, on inspection of such building or a part thereof, the Commissioner
is of the opinion that the exterior of any building or a part thereof is not kept
and maintained in good condition and is spoiled on account of any of the
factors mentioned in sub-section (1), the Commissioner may, by notice in
writing, require the owner or occupier thereof to carry out necessary work
as may be specified in such notice so as to keep and maintain the exterior of
a building in good condition; and the owner, or as the case may be, the occupier
shall comply with such notice.
(3) The owner or occupier of the building shall carry out the work
mentioned in the notice issued by the Commissioner under sub-section (2),
within thirty days from the date of receipt of the notice or such longer period
as the Commissioner may, having regard to the nature and the extent of
work to be carried out, specify.
(4) Where the owner or, as the case may be, the occupier fails to comply
with the notice under sub-section (2), the Commissioner may cause the work
mentioned in such notice to be executed and the owner or, as the case may
be, the occupier shall be liable to pay the expenses incurred by the
Commissioner in that behalf within thirty days from the date of the receipt
of a demand notice, and if such owner or occupier fails to pay the same, there
shall be levied an interest at the rate of two per cent. for each month or part
thereof, on the amount of expenses incurred by the Commissioner, till the
entire amount of such expenses is paid.
(5) Save as otherwise provided in this section, the amount of such
expenses together with interest, if any, shall be recoverable as if the amount
thereof was due as a property tax.
1
Sections 185A and 185B were inserted by Mah. 9 of 2011, s. 4.
H 610—22
148 Maharashtra Municipal Corporations Act [1949 : LIX

(6) If there is any dispute about the amount of expenses for which
demand is made under sub-section (4), an appeal may be preferred to the
Judge, before whom an appeal may be filed under section 406 but no such
appeal shall be entertained by such Judge unless,—
(i) it is preferred within twenty-one days from the date of receipt of
notice of such demand;
(ii) the amount for which demand is made is deposited with the
Corporation and a ture copy of the receipt showing that the amount has
been so deposited accompanies the appeal.
(7) In case the appeal is decided in favour of the appellant and the amount
of expenses deposited with the Corporation is more than the amount payable
by the appellant, the Commissioner shall adjust the excess amount with
interest at 6.25 per cent. per annum from the date on which the amount is so
deposited by the appellant, towards the property tax payable by the owner
in respect of such building thereafter.
Power of 185B. (1) The Commissioner, after obtaining approval of the State
Commissioner
to make Government, may, by notification in the Official Gazette, and
declaration of by advertisement in not less than two local news papers, declare
aesthetic
harmony. that with a view to creating aesthetic harmony, maintaining architectural
character and beautifying and improving the aesthetic appearance
of particular urban space, the external apperance of any building
or building including any fixtures thereon and a boundary wall, if
any, either existing on the date of publication of declaration or
proposed to be constructed and completed thereafter and located on any
street in any locality or part thereof in the municipal area specified in such
declaration, be kept and maintained in such manner and within such time as
may be indicated in such declaration.
(2) Before publication of the notification under sub-section (1), the
Commissioner shall cause to be given a notice by advertisement in the Official
Gazette and in not less than two local news papers announcing his intention
to issue such declaration, and inviting all persons who entertain any objection
or who desire to make any suggestions to the said proposal to submit the
same in writing, with the reasons therefore, to the Commmissioner within
one month from the date of the publication of such notice in the Official
Gazette. After expiry of the said period of one month, the Commissioner shall
consider the objections and suggestions within one month.
(3) Where the owner fails to comply with the requirement under the
declaration under sub-section (1), within the period specified, the
Commissioner may take or cause to be taken such steps to carry out the
work required to be executed under the declaration ; and the expenses
incurred by the Corporation in respect thereof shall be recovered from the
owner as if the amount thereof were arrears of property tax due by the said
owner and shall be payable by the owner on demand.
(4) If there is any dispute about the amount of expenses for which
demand is made under sub-section (3), an appeal may be preferred by the
1949 : LIX ] Maharashtra Municipal Corporations Act 149

owner to the Judge, before whom an appeal under section 406 may be filed,
but no such appeal shall be entertained by such Judge unless,—
(i) it is preferred within twenty-one days from the date of receipt of
notice of such demand ;
(ii) the amount for which demand is made is deposited with the
Corporation and a true copy of the receipt showing that the amount has
been so deposited accompanies the appeal.
(5) In case the appeal is decided in favour of the appellant and the amount
of expenses deposited with the Corporation is more than the amount payable
by the appellant, the Commissioner shall adjust the excess amount with
interest at 6.25 per cent. per annum from the date on which the amount is so
deposited by the appellant, towards the property tax payable by the owner
in respect of such building thereafter.]

General Provisions.
186. (1) No person shall,—
Prohibition of
(a) in contravention of any of the provisions of this Act or rules or acts
contravening
by-laws or of any notice issued or direction given under this Act or without the provisions
the written permission of the Commissioner, in any way alter the fixing, of the Act,
rules or
disposition or position of, or construct, erect, setup, renew, rebuild, remove, by-laws or
obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, done without
sanction.
case-pool, water-closet, privy, latrine or urinal or bathing or washing place
or any trap, covering or other fitting or appliance connected therewith ;
(b) without the written permission of the Commissioner, renew, rebuild
or unstop any drain, ventilation-shaft or pipe, cess-pool, water-closet, privy,
latrine or urinal or bathing or washing place, or any fitting or appliance,
which has been, or has been ordered to be, discontinued, demolished or
stopped up under any of the provisions of this Act or the rules or by-laws;
(c) without the written permission of the Commissioner, make any
projection over or encroachment upon, or in any way injure or cause or
permit to be injured, any drain, cess-pool, house-gully, water-closet, privy,
latrine or urinal or bathing or washing place :
Provided that nothing in this clause shall apply to any weather-shade
in width not exceeding two feet over any window which does not front a
wall or window of an adjoining house ;
(d) drop, pass or place, or cause or permit to be dropped, passed or
placed, into or in any drain, any brick, stone, earth, ashes, dung or any
substance or matter which is likely to injure the drain or, to interfere with
the free flow of its contents, or to affect prejudicially the treatment and
disposal of its contents ;
(e) pass, or permit or cause to be passed, into any drain provided for
a particular purpose any matter or liquid for the conveyance of which such
drain has not been provided ;
H 610—22a
150 Maharashtra Municipal Corporations Act [1949 : LIX

(f) except as provided by or under this Act cause or suffer to be

discharged into any drain any chemical refuse or waste steam or any liquid
of a temperature higher than one hundred and twenty drgrees Fahrenheit,
being refuse or steam which when so treated is, either along or in
combination with the contents of the drain, dangerous or the cause of a
nuisance or prejudicial to health;
(g) cause or suffer to be discharged into any drain, carbide of calcium
or any such crude petroleum, any such oil made from petroleum, coal, shale
or bituminous substances, or such product of petroleum or mixture
containing petroleum as gives off under test an inflammable vapour at a
temperature of less than seventy three degrees Fahrenheit.
(2) If the person carrying out any work or doing any act in contravention
of any of the clauses of sub-section (1) is not at the time of the notice the
owner of such building or work, then the owner of such building or work
shall be deemed to have been responsible for carrying out all such requisitions
in the same way as the person so carrying out would have been liable.
Water closets 187. (1) No person shall injure or foul any water-closet, privy, urinal
etc. not to be
injured or or bathing or washing place or any fittings or appliances in connection
improperly
fouled. therewith which have been provided for the use in common of the inhabitants
of one or more buildings.
(2) If any such water-closet, privy, urinal or bathing or washing place or
any fitting or appliance in connection therewith or the approaches thereto
or the walls, floors or seats or anything used in connection therewith are in
such a state as to be a nuisance or source of annoyance to any inhabitant of
the said building or buildings or to any inhabitant of the locality or passer-by
for want of proper cleaning thereof, such of the persons having the use thereof
as may be in default or, in the absence of evidence as to which of the persons
having the use thereof in common is in default, every such person shall be
deemed to have contravened the provisions of this section.
(3) The provisions of this section shall not exempt the owner of the
building or buildings from any penalty to which he may otherwise have
rendered himself liable.
Commissioner 188. (1) The Commissioner may, if he thinks fit, cause any work
may execute
certain works described in this Chapter or in Chapter IX of the Schedule to be executed by
under this Act
without Municipal or other agency under his own orders, without first of all giving
allowing the person by whom the same would otherwise have to be executed the option
option to
persons of doing the same.
concerned of
excecuting the (2) The expenses of any work so done shall be paid by the person
same.
aforesaid, unless the Corporation shall by a general or special order or
resolution sanction, as it is hereby empowered to sanction, the execution of
such work at the charge of the Municipal Fund.
1949 : LIX] Maharashtra Municipal Corporations Act 151

CHAPTER XIII.
WATER SUPPLY.
Construction and maintenance of municipal water works.
189. (1) When the Commissioner has given public notice under clause Water supply.
(b) of sub-section (1) of section 130 that the Corporation has arranged to
supply water to any portion of the City from municipal water works by
means of private water connections or of public stand-post or by any other
means, it shall be incumbent on him to take all such mesures as may be
practicable to ensure that a sufficient supply is available for meeting the
reasonable requirements of the residents of such portion of the City.
(2) For the purposes of carrying out the obligation imposed by sub-
section (1) and of providing the City with a supply of water proper and
sufficient for public and private purposes, the Commissioner may with the
approval of the Corporation,—
(a) construct, maintain in good repair, alter, improve and extent
water-works either within or without the City, and do any other necessary
acts ;
(b) purchase or take on lease any water-work or any water or
right to store or to take and convey water either within or without the
City ;
(c) enter into an arrangement with any person for a supply of water.
(3) All municipal water-works shall be managed by the Commissioner.
190. Any person appointed by the 2[State] Government in this behalf Inspection of
municipal
shall at all reasonable times have liberty to enter upon and inspect any water works by
persons
municipal water works. appointed by
1
[State]
Government.

191. The Commissioner and any person appointed by the 3[State] Power of
access to
Government under section 190 in this behalf may, for the purpose of Municipal
inspecting or repairing or executing any work in, upon or in connection water works.

with any municipal water works, at all reasonable times,—

(a) enter upon and pass through any land, within or without the
City, adjacent to or in the vicinity of such water-works, in whomsoever
such land may vest ;
(b) cause to be conveyed into and through any such land all necessary
men, materials, tools and implements.
192. (1) For the purpose of carrying, renewing and repairing water- Power of
mains, pipes and ducts within or without the City, the Commissioner shall carrying water-
mains, etc.
have the same powers and be subject to the same restrictions as he has and
is subject to under the provisions herein before contained for carrying,
renewing and repairing drains within the City.

1
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
152 Maharashtra Municipal Corporations Act [1949 : LIX

(2) This section shall apply in respect of carrying, renewing and

repairing private water-mains, pipes and ducts as it applies in respect of
carrying, renewing and repairing municipal water-mains, pipes and ducts.
Fire-hydrants 193. The Commissioner shall cause fire-hydrants and all necessary
to be
provided. works, machinery and assistance for supplying water in case of fire to be
provided and maintained and shall have painted or marked on the buildings
and walls or in some other conspicuous manner, within the streets, words
or marks near to such hydrants to denote the situation thereof, and shall
cause a hydrant-key to be deposited at each place within the City where a
municipal fire-engine is kept, and do such other things for the purpose
aforesaid, as he shall deem expedient.
Prohibition of 194. (1) Except with the permission of the Corporation, no person
certain acts
affecting the shall,—
municipal
water-works. (a) erect any buliding for any purpose whatever on any part of such
area as shall be demarcated by the Commissioner surrounding any lake,
tank, well or reservior from which a supply of water is derived for a
municipal water work ;
(b) remove, alter, injure, damage or in any way interfere with the
demarcation works of the area aforsaid ;
(c) extend, alter or apply to any purpose different to that to which
the same has been heretofore applied, any building already existing within
the area aforesaid ; or
(d) carry on, within the area aforesaid, any operation of manufacture,
trade or agriculture in any manner, or do any act whatever, whereby injury
may arise to any such lake, tank, well or reservoir or to any portion thereof
or whereby the water of any such lake, tank, well or reservoir may be
fouled or rendered less wholesome.
(2) Except as hereinafter provided, no person shall,—
(a) cause or suffer to percolate or drain into or upon any municipal
water-work or to be brought thereinto or thereupon anything, or to be
done any fact, where by the water therein may be in anyway fouled or
polluted or its quality altered ;
(b) alter the surface of any municipal land adjacent to or forming
part of any such work by digging thereinto or depositing thereon any
substance ;
(c) cause or suffer to enter into the water in such work any animal ;
(d) throw or put anything into or upon the water in such work ;
(e) bathe in or near such work ; or
(f) wash or cause to be washed in or near such work any animal or
thing.
Obligation of [194A. If, a common facility is created by the State Government or
1
Corporation
to partake by any agency of the State Government, under instructions from the State
common
facility.
Government, for processing or disposal of solid waste or treatment or recycling
sewage and waste water or bulk supply or treatment of water for drinking
1
Section 194A was inserted by Mah. 28 of 2012, s. 4.
1949 : LIX] Maharashtra Municipal Corporations Act 153

purpose, it shall be mandatory for the Corporation, if so directed by the

State Government, to partake of that facility in accordance with such terms
and conditions as may be specified by the State Government, by an order in
the Official Gazette :
Provided that, the State Government shall, before issuing any
direction under this section, give an opportunity to the Corporation to make
within fifteen days a representation, if any, in this regard. If the Corporation
fails to represent within fifteen days or, after having represented, the State
Government, on considering the representation, is of the opinion that issuing
such direction is necessary, the State Government may issue the same.]
195. (1) Without the written permission of the Commissioner, no Buildings, etc.,
not to be
building, wall or structure of any kind shall be newly erected or re- erected erected over
and no street or minor railway shall be constructed, over any municipal municipal
water-main
water-main. without
permission.
(2) If any building, wall or structure be so erected or re-erected or any
street or minor railway be so constructed, the Commissioner may, with the
approval of the Standing Committee, cause the same to be removed or
otherwise dealt with as to him shall appear fit, and the expenses thereby
incurred shall be paid by the person offending.
Public Gratuitous Water-Supply.
196. (1) All existing public drinking fountains, tanks, reservoirs, Vesting of
public drinking
cisterns, pumps, wells, ducts and works for the supply of water for the fountains, etc.
in the
gratuitous use of the inhabitants of the City shall vest in the Corporation Corporation.
and be under the control of the Commissioner.
(2) The Commissioner may maintain the said works and provide them
with water, and when authorised by the Corporation in this behalf construct
any other such works for supplying water for the gratuitous use of the
inhabitants of the City :
Provided that water carried away by any of the inhabitants from any
such work shall be taken only for personal or domestic purposes and
not for the purpose of business or sale and shall not, except with the written
permission of the Commissioner, be carried away in a cask, cart, pakhal or
masak.
(3) The Commissioner may temporarily, and with the approval of the
Corporation permanantly close any of the said works either entirely or
partially.
(4) If any such work is permanently closed either entirely or partially
by the Commissioner the site thereof, or of the portion thereof which is so
closed, and the materials of the same may be disposed of as the property of
the Corporation :
Provided that if any such work which is permanently closed, either
entirely or partially, was a gift to the public by some private person, the
said site and materials or the proceeds of the sale thereof shall, unless by
reason of their value being insignificant or for other sufficient reason the
154 Maharashtra Municipal Corporations Act [1949 : LIX

Corporation thinks fit to direct otherwise, be applied to or towards some

local work of public utility bearing the name of such person, or to or towards
any such local work which shall be approved by the Corporation and by the
heirs or other representatives, if any, of the said person.
Public 197. (1) The Commissioner may assign and set apart each of the said
drinking
fountains, works and the water therein for use by the public for such purpose only as
etc., may be
set apart for he shall think fit, and shall cause to be indicated, by a notice affixed on a
particular
purposes. conspicuous spot on or near each such work, the purpose for which the
same is so assigned and set apart.
(2) No person shall make use of any such work or of any water therein
for any purpose other than the purpose for which the same has been so
assigned or set apart.
Private Water Supply.
Conditions as 198. No person to whom water is supplied by measurement or
to use of
water not to according to the size of the connection or on payment of a fixed periodical
be
contravened. sum shall contravene any condition prescribed under sub-section (2) of
section 134 for the use of such water, or permit any such condition to be
contravened.
Water-pipes 199. No water-pipes shall be laid in a drain or on the surface of an
etc., not to be
placed where open channel or house-gully or within twenty feet of a cesspool, or in any
water will be
polluted. position where the pipe is likely to be injured or the water therein polluted
and no well or tank and, except with the consent of the Commissioner, no
cistern shall be constructed within twenty feet of a privy, water-closet or
cesspool.
Prohibition of 200. (1) No person shall fraudulently dispose of any water supplied
fraudulent
and un- to him by the Corporation.
authorised
use of water. (2) No person to whom a private supply of water is furnished by the
Corporation shall, except when the water supplied is charged for by
measurement, permit any person who does not reside on premises in respect
of which water-tax is paid to carry away water from the premises to which
it is supplied.

(3) No person who does not reside on premises in respect of which

water-tax is paid shall carry away water from any premises to which a
private supply is furnished by the Corporation, unless, in any case in which
such supply is charged for by measurement, he does so with the permission
of the person to whom such supply is furnished.
General.
Power to 201. The Commissioner may supply water from a municipal water-
supply water
without the work to any local authority or person without the City on such terms as to
City.
payment and as to the period and conditions of supply as shall be, either
generally or specially, approved by the Corporation.
1949 : LIX] Maharashtra Municipal Corporations Act 155

CHAPTER XIV.

STREETS.

Construction, Maintenance and Improvement of Streets.

202. All streets within the City being, or which at any time become, Vesting of
public streets
public streets, except which on the appointed day vested in the in Corporation.
1
[Government] or which after the said day may be constructed and
maintained by an authority other than the Corporation, and the pavements,
stones and other materials thereof shall vest in the Corporation and be
under the control of the Commissioner.
203. (1) The Commissioner shall from time to time cause all public Power of
Commissioner
streets vested in the Corporation to be levelled, metalled or paved, in respect of
public streets.
channelled, altered and repaired, as occasion shall require, and may also
from time to time widen, extend or otherwise improve any such street or
cause the soil thereof to be raised, lowered or altered and may place and
keep in repair fences and posts for the safety of pedestrians :
Provided that no widening, extension or other improvement of a public
street, the aggregate cost of which will exceed five thousand rupees or such
higher amount as the Corporation may from time to time fix, shall be
undertaken by the Commissioner unless or until such undertaking has been
authorised by the Corporation.

(2) With the sanction of the Corporation the Commissioner may

permanently close the whole or any part of a public street vested in the
Corporation :

Provided that such sanction of the Corporation shall not be given unless,
one month at least before the meeting at which the matter is decided, a
notice signed by the Commissioner has been put up in the street or part of
a street which it is proposed to close, informing the residents of the said
proposal, nor until the objections to the said proposal, if any, made in writing
at any time before the day of the said meeting have been received and
considered by the Corporation.
204. Whenever any public street or part of a public street, is Disposal of
land forming
permanently closed under section 203, the site of such street, or of the site of closed
streets.
portion thereof which has been closed, may be disposed of as land vesting in
the Corporation, subject to the previous sanction of the 1[State] Government.

205. The Commissioner, when authorised by the Corporation in this Power to make
new public
behalf, may at any time,— streets.

(a) lay out and make a new public street ;

(b) agree with any person for the making of a street for public use
through the land of such person, either entirely at the expense of such
person or partly at the expense of such person and partly at the expense
1
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
H 610-23
156 Maharashtra Municipal Corporations Act [1949 : LIX

of the Corporation, and that such street shall become, on completion, a

public street, which shall vest in the Corporation ;
(c) construct bridges and sub-ways ;
(d) divert or turn an existing public street vested in the Corporation
or a portion thereof.
Minimum 206. (1) The Corporation shall from time to time with the sanction of
width of new
public streets. the [State] Government specify the minimum width for different classes of
1

public streets according to the nature of the traffic likely to be carried

thereon, the localities in which they are situated, the heights upto which
buildings abutting thereon may be erected and other similar considerations.
(2) The width of a new public street made under section 205 shall not
be less than that prescribed under sub-section (1) for the class to which it
belongs, and no steps and, except with the written permission of the
Commissioner under section 227, no other projections shall extend on to
any such street.
Power to 207. The Commissioner when authorized by the Corporation in this
adopt,
construct or behalf, may agree with any person,—
alter any sub-
way, bridge, (a) to adopt and maintain any existing or projected sub-way, bridge,
etc.
viaduct or arch, and the approaches thereto, and may accordingly adopt
and maintain such sub-way, bridge, viaduct or arch and approaches as parts
of public streets, or as property vesting in the Corporation, or
(b) for the construction or alteration of any such sub-way, bridge,
vaiduct or arch or for the purchase or acquisition of any adjoining land required
for the foundations and support thereof or for the approaches thereto, either
entirely at the expense of such person or partly at the expense of such person
and partly at the expense of the Corporation.
Power to 208. (1) It shall be lawful for the Commissioner with the sanction of
prohibit use of
public streets the Corporation to,—
for certain
kinds of (a) prohibit vehicular traffic in any particular public street vesting
traffic.
in the Corporation so as to prevent danger, obstruction or inconvenience
to the public by fixing up posts at both ends of such street or portion of
such street ;
(b) prohibit in respect of all public streets, or particular public streets,
the transit of any vehicle of such form, construction, weight or size or
laden with such heavy or unwieldy objects as may be deemed likely to
cause injury to the roadways or any construction thereon, or risk of
obstruction to other vehicles or pedestrians along or over such street or
streets, except under such conditions as to time, mode of traction or
locomotion, use of appliances for protection of the roadway, number of
lights and assistants, and other general precautions and the payment of
special charges as may be specified by the Commissioner generally or
specially in each case.
1
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 157

(2) Notices of such prohibitions as are imposed under sub-section (1)

shall be posted up in conspicuous places at or near both ends of the public
streets or portions thereof to which they relate, unless such prohibitions
apply generally to all public streets.

209. (1) The Commissioner may, subject to the provisions of sections Power to
acquire
77, 78 and 79,— premises for
improvement
(a) acquire any land required for the purpose of opening, widening, of public
streets.
extending, diverting or otherwise improving any public street, bridge or
sub-way or of making any new public street, bridge or sub-way and the
buildings, if any, standing upon such land ;
(b) acquire in addition to the said land and the buildings, if any,
standing thereupon, all such land with the buildings, if any, standing
thereupon, as it shall seem expedient for the Corporation to acquire
outside of the regular line, or of the intended regular line, of such street ;
(c) lease, sell or otherwise dispose of any land or building purchased
under clause (b).
(2) The aquisition of land for providing, extending or improving a place
for the parking of vehicles shall be deemed to be acquisition of land for the
purpose of providing, extending or improving a public street.
(3) Any conveyance of land or of a building under clause (c) of sub-
section (1) may comprise such conditions as the Commissioner thinks fit, as
to the removal of the existing building, the description of new building to be
erected, the period within which such new building shall be completed and
other such matters.

210. (1) The Commissioner may,— Power to

prescribe
street lines.
(a) prescribe a line on one or both sides of any public street :
Provided that every regular line of a public street operative under
any law for the time being in force in any part of the City on the day
immediately preceding the appointed day shall be deemed to be a street
line for the purposes of this Act until a street line is prescribed by the
Commissioner under this clause ;
(b) from time to time, but subject in each case to the previous approval
of the Standing Committee, prescribe a fresh line in substitution for any
line so prescribed or for any part thereof :

Provided that such approval shall not be accorded unless, at least one
month before the meeting of the Standing Committee at which the matter
is decided, public notice of the proposal has been given by the Commissioner
by advertisement in the local newspapers and special notice thereof, signed
by the Commissioner, has also been put up in the street or part of the street
H 610-23a
158 Maharashtra Municipal Corporations Act [1949 : LIX

for which such fresh line is proposed to be prescribed and until the Standing
Committee has considered all objections to the said proposal made in writing
and delivered at the office of the Municipal Secretary not less than three
clear days before the day of such meeting.

(2) The line for the time being prescribed shall be called “ the regular
line of the street ”.

(3) A register with plans attached shall be kept by the Commissioner

showing all public streets in respect of which a regular line of the street has
been prescribed and such register shall contain such particulars as to the
Commissioner may appear to be necessary and shall be open to inspection
by any person upon payment of such fee as may from time to time be
prescribed by the Standing Committee.

(4) (a) Subject to the provisions of sub-section (5), no person shall

construct or reconstruct any portion of any building on land within the
regular line of the street except with the written permission of the
Commissioner and in accordance with the conditions imposed therein and
the Commissioner shall in every case in which he gives such permission,
the same time, report his reasons in writing to the Standing Committee.

(b) No person shall construct or reconstruct any boundary wall or a

portion of a boundary wall within the regular line of the street except with
the written permission of the Commissioner :

Provided that if, within sixty days after the receipt of an application
from any person for permission to construct or reconstruct a boundary wall
or a portion thereof, the Commissioner fails to acquire the land within the
regular line of the street under section 213, the said person may, subject to
any other provisions of this Act or the rules or by-laws, proceed with the
work of construction or reconstruction of such boundary wall or a portion
thereof, as the case may be.

(5) (a) When the Commissioner grants permission under clause (a) of
sub-section (4) for the construction or reconstruction of any building on land
within the regular line of the street he may require the owner of the building
to execute an agreement binding himself, and his successors in title not to
claim compensation in the event of the Commissioner at any time thereafter
calling upon him or any of his successors by written notice to remove any
work carried out in pursuance of such permission or any portion therof and
to pay the expenses of such removal if, in default, such removal is carried
out by the Commissioner.
(b) The Commissioner may before granting such permission require
the owner to deposit in the municipal office an amount sufficient in his
opinion to cover the cost of removal and such compensation, if any, as may
be payable to any successor in title or transferee of such building.
1949 : LIX] Maharashtra Municipal Corporations Act 159

211. (1) If any building or any part of a building abutting on a public Setting back
buildings to the
street is within the regular line of the street, the Commissioner may, regular line of
whenever it is proposed,— the street.

(a) to rebuild such building or to take down such building to an extent

exceeding one-half thereof above the ground level, such half to be measured
in cubic feet ; or
(b) to remove, reconstruct or make any addition to or structural
alteration in any portion of such building which is within the regular line
of the street,
in any order which he issues concerning the rebuilding, alteration or
repair, of such building, require such building to be set back to the regular
line of the street.
(2) When any building or any part thereof within the regular line of
the street falls down or is burnt down or is taken down, whether under
the provisions of this Act or otherwise, the Commissioner may at once
take possession on behalf of the Corporation of the portion of land
within the regular line of the street theretofore occupied by the said
building and, if necessary, clear the same.
(3) Land acquired under this section shall thenceforward be deemed
a part of the public street and shall vest, as such, in the Corporation.
212. (1) If any building or any part thereof is within the regular line Additional
power of
of a public street and if, in the opinion of the Commissioner, it is necessary Commissioner
to set back the building to the regular line of the street he may, if the to order setting
back of
provisions of section 211 do not apply, by written notice,— buildings to
regular line of
(a) require the owner of such building to show cause within such street.
period as is specified in such notice by a statement in writing subscribed
by him or by an agent duly authorised by him in that behalf and addressed
to the Commissioner, why such building or any part thereof which is within
the regular line of the street shall not be pulled down and the land within
the said line acquired by the Commissioner ; or
(b) require the said owner on such day and at such time and place as
shall be specified in such notice to attend personally or by an agent duly
authorised by him in that behalf and show cause why such building or any
part thereof which is within the regular line of the street shall not be
pulled down and the land within the said line acquired by the
Commissioner.
(2) If such owner fails to show sufficient cause to the satisfaction of the
Commissioner why such building or any part thereof, which is within the
regular line of the street shall not be pulled down and the land within the
said line acquired as aforesaid the Commissioner may, with the approval of
the Standing Committee, require the owner by a written notice, to pull down
the building or the part thereof which is within the regular line of the street
within such period as is prescribed in the notice.
(3) If within such period the owner of such building fails to pull down
such building or any part thereof coming within the said line, the
Commissioner may pull down the same and all the expenses incurred in so
doing shall be paid by the owner.
160 Maharashtra Municipal Corporations Act [1949 : LIX

(4) The Commissioner shall at once take possession on behalf of the

Corporation of the portion of the land within the said line theretofore
occupied by the said building, and such land shall thenceforward be deemed
a part of the public street and shall vest as such in the Corporation.

(5) Nothing in this section shall be deemed to apply to buildings vesting

in the 1[Government].
Acquisition of 213. If any land not vesting in the Corporation, whether open or
open land or
of land enclosed, lies within the regular line of a public street and is not occupied
occupied by
platforms, by a building, or if a platform, verandah, step, compound wall, hedge or
etc., within
regular line of fence or some other structure external to a building, abutting on a public
street.
street or a portion of a platform, verandah, step, compound wall, hedge or
fence or other such structure, is within the regular line of such street, the
Commissioner may, after giving to the owner of the land or building not
less than seven clear days' written notice of his intention to do so, take
possession on behalf of the Corporation of the said land with its enclosing
wall, hedge or, fence, if any, or of the said platform, verandah, step or other
such structure as aforesaid or of the portion of the said platform, verandah,
step or other such structure as aforesaid which is within the regular line of
the street and, if necesary, clear the same and the land so acquired, shall
thenceforward be deemed a part of the public street :

Provided that when the land or building is vested in the

2
[Government], possession shall not be taken as aforesaid, without the
previous sanction of the Government concerned and, when the land or
building is vested in any Corporation constituted by any law for the time
being in force, possession shall not be taken as aforesaid, without the
previous sanction of the 3[State] Government.
Acquisition of 214. (1) If a building or land is partly within the regular line of a
the remaining
part of public street and if the Commissioner is satisfied that the land remaining
building and
land after after the excision of the portion within the said line will not be suitable or
their portions
within a fit for any beneficial use, he may, at the request of the owner, acquire such
regular line of
the street are land in addition to the land within the said line and such surplus land shall
required.
be deemed to be a part of the public street vesting in the Corporation.

(2) Such surplus land may thereafter be utilised for the purpose of
setting forward of buildings under section 215.
Setting 215. (1) If any building which abuts on a public street is in rear of the
forward of
buildings to regular line of such street, the Commissioner may, whenever it is proposed—
the line of the
street.
(a) to rebuild such building ; or
1
This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
2
This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
3
This word was substituted for the word "Provincial", by the Adaptation of Laws
Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 161

(b) to alter or repair such building in any manner that will involve
the removal or re-erection of such building, or of the portion thereof which
abuts on the said street to an extent exceeding one-half of such building
or portion thereof above the ground level, such half to be measured in
cubic feet,
in any order which he issues concerning the rebuilding, alteration or repair
of such building, permit or, with the approval of the Standing Committee,
require to be set forward to the regular line of the street.
(2) For the purpose of this section, a wall separating any premises from
a public street shall be deemed to be a building ; and it shall be deemed to
be a sufficient compliance with a permission or requisition to set forward a
building to the regular line of a street if a wall of such materials and
dimensions as are approved by the Commissioner, is erected along the said
line.
216. (1) Compensation shall be paid by the Commissioner to the owner Compensation
to be paid and
of any building or land required for a public street under sections 211, 212, betterment
charges to be
213 or 214 for any loss which such owner may sustain in consequence of his levied.
building or land being, so acquired and for any expense incurred by such
owner in consequence of the order made by the Commissioner :
Provided that,—
(i) any increase or decrease in the value of the remainder of the
property of which the building or land so acquired formed part likely
to accrue from the set back to the regular line of the street shall be
taken into consideration and allowed for in determining the amount of
such compensation ;
(ii) if any such increase in value exceeds the amount of loss
sustained or expenses incurred by the said owner, the Commissioner
may recover from such owner half the amount of such excess as a
betterment charge.
(2) If, in consequence of an order to set forward a building made by the
Commissioner under section 215, the owner of such building sustains any
loss or damage, compensation shall be paid to him by the Commissioner for
such loss or damage after taking into account any increase in value likely to
accrue from the set forward.
(3) If the additional land which will be included the premises of any
person required or permitted under section 215 to set forward a building
belongs to the Corporation, the order or permission of the Commissioner to
set forward the building shall be sufficient conveyance to the said owner of
the said land ; and the price to be paid to the Corporation by the said owner
for such additional land and the other terms and conditions of the conveyance
shall be set forth in the said order or permission.
(4) If, when the Commissioner requires a building to be set forward,
the owner of the building is dissatisfied with the price fixed to be paid to
the Corporation or any of the other terms or conditions of the conveyance,
the Commissioner shall upon the application of the said owner at any time
within fifteen days after the said terms and conditions are communicated
to him, refer the case for the determination of the Judge.
162 Maharashtra Municipal Corporations Act [1949 : LIX

Provisions regarding Private Streets.

Notice to be 217. Every person who intends,—
given to
Commissioner (a) to sell or let on lease any land subject to a covenant or agreement
of intention to
layout lands on the part of a purchaser or lessee to erect buildings thereon,
for buildings
and for (b) to divide land (whether unbuilt or partly built) into building plots,
private
streets. (c) to use any land or a portion thereof or permit the same to be used
for building purposes, or
(d) to make or lay out a private street, whether it is intended to
allow the public a right of passage or access over such street or not,
shall give written notice, of his intention to the Commissioner and shall,
along with such notice, submit plans and sections, showing the situation
and boundaries of such building land and the site of the private street (if
any) and also the situation and boundaries of all other lands of such person
of which such building land or site forms a part and the intended
development, laying out and plotting of such building land including the
dimensions and area of each building plot and also the intended level,
direction, width, means of drainage, paving, metalling and lighting of such
private street, the provisions for planting and rearing of trees beside such
private streets and the height and means of drainage and ventilation of the
building or buildings proposed to be erected on the land, and if any building
when erected will not about on a street then already existing or then
intended to be made as aforesaid, the means of access from and to such
building and the manner of paving, metalling, draining and lighting of such
means of access.
Commissioner 218. If any notice under section 217 does not supply all the information
may call for
further which the Commissioner deems necessary to enable him to deal satisfactorily
particulars. with the case or if any such notice given for any of, or all, the purposes
mentioned in clause (a), (b) or (c) of the said section does not contain any
proposal or intention to make or lay out a private street, he may, at any
time within thirty days after receipt of the said notice, by written notice
require the person who gave the said notice—
(a) to furnish the required information together with all or any of
the documents specified in the rules, or
(b) to revise any or all the schemes submitted under the said clause
(a), (b) or (c) so as to provide for the making or laying out of a private
street, or private streets of such width or widths as he may specify in
addition to or in substitution of any means of access proposed to be
provided in such scheme or schemes and to furnish such further
information and documents relating to the revised scheme or schemes as
he may specify.
Commissioner 219. The Commissioner may decline to accept any plan, section or
may require
plans to be description as sufficient for the purposes of section 217 or 218 which does
prepared by
licensed not bear the signature of a licensed surveyor in token of its having been
surveyor. prepared by such surveyor or under his supervision.
1949 : LIX] Maharashtra Municipal Corporations Act 163

220. (1) The laying out of land for building, the dimensions, and area Laying out of
land
of each building plot, the level, direction, width and means of drainage of dimensions and
area of each
every private street, the kind and number of trees to be planted and reared building plot
laying out of
beside such streets and the height and means of drainage and ventilation of private streets
and access to all buildings to be erected on such land or either side of such and buildings
and heights of
street shall be fixed and determined by the Commissioner subject to such buildings to be
determined by
general directions as the Standing Committee may give in this behalf from Commissioner.
time to time with the general object of securing sanitary conditions, amenity
and convenience in connection with the laying out and use of the land and
of any neighbouring lands, and also with the object that the proposed private
street may not conflict with any arangment which have been made or which
are, in the opinion of the Commissioner, likely to be made for carrying out
any general scheme of new streets or of improvements of existing streets in
the locality :

Provided that if, within sixty days after the receipt by the Commissioner
of any notice under section 217 or of the plans, sections, descriptions, scheme
or further information, if any, called for under section 218, the disapproval
by the Commissioner with regard to any of the matters aforesaid specified
in such notice has not been communicated to the person who gave the same,
the proposals of the said person shall be deemed to have been approved by
the Commissioner.
(2) When the Commissioner signifies in writing to the said person his
approval of the said work under certain conditions or without any conditions,
or when the said work is deemed to have been approved by the Commissioner
as aforesaid, the said person may at any time within one year from the date
of the delivery of the notice under section 217 to the Commissioner, proceed
with the said work in accordance with the intention as described in the
notice or in any of the documents aforesaid and in accordance with the
conditions, if any, prescribed by the Commissioner, but not so as to
contravene any of the provisions of this Act or any rule or bye-law.
221. (1) No person shall sell, let, use or permit the use of any land Land not to be
appropriated
whether undeveloped or partly developed for building or divide any such for building and
private street
land into building plots, or make or lay out any private street,— not to be laid
out until
(a) unless such person has given previous written notice of his expiration of
notice nor
intention as provided in section 217 not until the expiration of sixty days otherwise than
from delivery of such notice, nor otherwise than in accordance with such in accordance
directions (if any) as may have been fixed and determined under sub- with
Commissioer’s
section (1) of section 220 ; directions.

(b) after the expiry of the period of one year specified in sub-
section (2) of section 220 ;
(c) unless such person gives written notice to the City Engineer of
the date on which he proposes to proceed with any work which he is
entitled to carry out and commences such work within seven days of the
date mentioned in the notice.

H 610-24
164 Maharashtra Municipal Corporations Act [1949 : LIX

(2) If any act be done or permitted in contravention of this section, the

Commissioner may by written notice require any person doing or permitting
such act—
(a) to show cause on or before such day as shall be specified in such
notice by statement in writing subscribed by him in that behalf and
addressed to the Commissioner, why the laying out, plotting, street or
building contravening this section should not be altered to the satisfaction
of the Commissioner, or, if that be in his opinion impracticable, why such
street or building should not be demolished or removed or why the land
should not be restored to the condition in which it was prior to the
execution of the unauthorised work, or
(b) to attend personally or by an agent duly authorised by him in that
behalf on such day and at such time and place as shall be specified in such
notice and show cause as aforesaid.
(3) If such person shall fail to show cause to the satisfaction of the
Commissioner why such street or building should not be so altered,
demolished or removed or why such land should not be so restored, the
Commissioner may cause the work of alteration, demolition, removal or
restoration to be carried out and the expenses thereof shall be paid by the
said person.
Renewal of 222. If a person who is entitled to proceed with any work under section
notice of
intention to 220 fails so to do within the period of one year specified therein he may at
carry out
works not any time give fresh notice of his intention to execute such work and such
executed in notice shall be treated as a new notice under section 217.
pursuance of
approval
given under
section 220.

Levelling and 223. If any private street or any other means of access to a building
draining of
private be not levelled, metalled, flagged or paved, sewered, drained, channelled,
streets and
means of lighted or provided with trees for shade to the satisfaction of the
access. Commissioner, he may, with the sanction of the Standing Committee, by
written notice, require the owner or owners of the several premises fronting
or adjoining the said street or other means of access or abutting thereon or
to which access is obtained through such street or other means of access or
which will benefit by works executed under this section to carry out any
one or more of the aforesaid requirements in such manner as he shall direct.
Power to 224. When any private street has been levelled, metalled, flagged or
declare
private paved, sewered, drained, channelled and made good to the satisfaction of
streets when
sewered, etc., the Commissioner, he may and, upon the request of the owners or of any of
public the owners, of such street, shall, if lamps, lamp-posts and other apparatus
streets.
necessary for lighting such street have been provided to his satisfaction
and if all land revenue payable to the 1[State] Government in respect of the
land comprised in such street has been paid, declare the same to be a public
1
This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 165

street by notice in writing put up in any part of such street, and thereupon
the same shall become a public street and vest in the Corporation as such :
Provided that no such street shall become a public street if, within one
month after such notice has been put up, the owner of such street or the
greater part thereof shall, by notice in writing to the Commissioner, object
thereto.

225.
If a portion only of any street is a public street, the other portion of Applicability of
sections 223
such street may for all purposes of sections 223 and 224 be deemed to be and 224 when a
street is in part
private street. public and in
part private.

Projections and Obstructions.

226.(1) Except as provided in section 227, no person shall erect, setup, Prohibition of
projections
add to, or place against or in front of any premises any structure or fixture, upon streets,
etc.
which will,—
(a) overhang, jut or project into, or in any way encroach upon, or
obstruct in any way the safe or convenient passage of the public along,
any street, or
(b) jut or project into or encroach upon any drain or open channel in
any street, so as in any way to interfere with the use or proper working of
such drain or channel or to impede the inspection or cleansing thereof.
(2) The Commissioner may, by written notice, require the owner or
occupier of any premises to remove or to take such other order as he may
direct with any structure or fixture which has been erected, setup, added to
or placed against, or in front of, the said premises in contravention of this
section or of any law in force in the City on the day immediately preceding
the appointed day.
(3) If the occupier of the said premises removes or alters any structure
or fixture in accordance with such notice, he shall be entitled, unless the
structure or fixture was erected, set-up or placed by himself, to credit in
account with the owner of the premises for all reasonable expenses incurred
by him in complying with the said notice.
(4) If any such structure or fixture as is described in sub-section (1)
has been erected, set-up, added to, or placed against or in front of any
premises at any time before the first day of April 1901, the Commissioner
may give notice as aforesaid to the owner or occupier of the said premises :
Provided that, if in any such case the structure or fixture was lawfully
erected, set-up, added to or placed, compensation shall be paid by the
Commissioner to every person who sustains loss or damage by the removal
or alteration thereof.
H 610-24a
166 Maharashtra Municipal Corporations Act [1949 : LIX

Projections
over streets 227. (1) The Commissioner may give a written permission, on such
may be terms as he shall in each case think fit, to the owner or occupier of any
permitted in
certain cases. building abutting on any street,—
(a) to erect an arcade over such street or any portion thereof, or
(b) to put up a verandah, balcony, arch, connecting passage, sun-shed,
weather-frame, canopy, awning, or other such structure or
thing projecting from any storey over or across any street or portion
thereof :
Provided that no permission shall be given by the Commissioner for
the erection of an arcade in any public street in which the construction of
arcade has not been generally sanctioned by the Corporation.
(2) The provisions of section 226 shall not be deemed to apply to any
arcade, verandah, balcony, arch, connecting passage, sun-shade, weather-
frame, canopy, awning or other structure or thing re-erected or put up under
and in accordance with the terms of a permission granted under this section.
(3) The Commissioner may at any time by written notice require the
owner or occupier of any building to remove a verandah, balcony, sun-shade,
weather-frame or the like put up in accordance with the provisions of sub-
section (1) and such owner or occupier shall be bound to take action
accordingly but shall be entitled to compensation for the loss caused to him
by such removal and the cost incurred thereon.
Ground floor 228. The Commissioner may at any time, by written notice, require
doors, etc.,
not to open the owner of any premises on the ground-floor of which any door, gate, bar
outwards on
streets. or window opens outwards upon a street, or upon any land required for the
improvement of a street in such manner as, in the opinion of the
Commissioner, to obstruct the safe or convenient passage of the public along
such street, to have the said door, gate, bar or window altered so as not to
open outwards.
Prohibition of 229. (1) No person shall, except with the prermission of the
structures or
fixtures which Commissioner under section 227 or 234, erect or set-up any wall, fence, rail,
cause
obstruction in post, step, booth or other structure whether fixed or movable and whether
streets.
of a permanent or a temporary nature, or any fixture in or upon any street
or upon or over any open channel, drain, well or tank in any street so as to
form an obstruction to, or an encroachment upon or a projection over, or to
occupy, any portion of such street, channel, drain, well or tank.
(2) Nothing in this section shall be deemed to apply to any erection or
thing to which clause (c) of sub-section (1) of section 239 applies.
Prohibition of 230. (1) No person shall, except with the written permission of the
deposit, etc.,
of things in Commissioner,—
streets.
(a) place or deposit upon any street, or upon any open channel, drain
or well in any street or in any public place any stall, chair, bench, box,
1949 : LIX] Maharashtra Municipal Corporations Act 167

ladder, bale, or other thing whatever so as to form an obstruction thereto

or encroachment thereon ;

(b) project, at a height of less than twelve feet from the surface of
the street, any board or chair, beyond the line of the plinth of any building
over any street, or over any open channel, drain, well or tank in any street ;

(c) attach to, or suspend from, any wall or portion of a building

abutting on a street, at a lower height than aforesaid anything whatever.
(2) Nothing in clause (a) of sub-section (1) applies to building materials.

231. The Commissioner may, without notice, cause to be removed,— Commissioner

may, without
notice remove
(a) any wall, fence, rail, post, step, booth or other structure whether anything
erected,
fixed or movable and whether of a permanent or a temporary nature, or deposited or
hawked or
any fixture which shall be created or set up in or upon or over any street exposed for sale
in
or upon or over any open channel, drain, well or tank contrary to the contravention
provisions of this Act after the appointed day ; of Act.

(b) any stall, chair, bench, box, ladder, bale, board or shelf, or any
other thing whatever placed, deposited, projected, attached or suspended
in, upon from or to any place in contravention of this Act ;

(c) any article whatsoever hawked or exposed for sale in a public

place or in any public street in contravention of the provisions of this Act
and any vehicle, package, box or any other thing in or on which such article
is placed.

232. The Commissioner may, by written notice, require the owner or Power to
require removal
occupier of any premises contiguous to, or in front of, or in connection with of any structure
or fixture
which any wall, fence, rail, post, step, booth or other structure or fixture erected or set-
up before the
which it would be unlawful to erect or set-up under this Act, has been erected appointed day.
or set-up before the appointed day, to remove the said wall, fence, rail,
post, step, stall or other structure or thing:
Provided that, if in any such case the structure or fixture shall have
been lawfully erected or set-up, compensation shall be paid by the
Commissioner to every person who sustains loss or damage by the removal
or alteration thereof.

233. (1) No person shall tether any animal or cause or permit the Prohibition of
tethering of
same to be tethered by any member of his family or household, in any public animals in
public streets.
street.
(2) Any animal tethered as aforesaid may be removed by the
Commissioner, or by any municipal officer or servant, and made over to a
police officer, or may be removed by a police officer who shall deal there
with as with an animal found straying.
168 Maharashtra Municipal Corporations Act [1949 : LIX

Temporary Erections on Streets during Festivals.

Commissioner 234. 1[ With the concurrence, in any area for which a Commissioner
may permit
booths, etc., to of Police has been appointed, of the Commissioner of Police or any officer
be erected on
streets on nominated by him and elsewhere, of the District Magistrate or any officer
festivals. nominated by him,] the Commissioner may grant a written permission for
the temporary erection of a booth and any other such structure on any street
on occasions of ceremonies and festivals.

Provisions concerning Execution of Works in or near to Streets.

Street when 235. Wherever the soil or pavement of any street is opened or broken
broken up for
any municipal up by or under the order of the Commissioner, or of any municipal officer or
purposes to be
restored servant, for the execution of any work on behalf of the Corporation, the
without delay. work on account of which the same shall have been opened or broken up
shall be completed and the soil or pavement filled in, reinstated and made
good with all convenient speed ; and on completion of the work, the surplus
of earth and materials, if any, excavated and all rubbish occasioned thereby
shall be removed without delay.
Commissioner 236. (1) The Commissioner may, whilst any such work as aforesaid or
may close
streets in any work which may lawfully be executed in any street is in progress, direct
which work is
in progress. that the said street shall be wholly or partially closed for traffic or for traffic
of such description as he shall think fit ; and shall set up a conspicuous
position an order prohibiting traffic to the extent so directed, and fix such
bars, chains or posts across or in the street as he shall think proper for
preventing or restricting traffic therein.
(2) No person shall, without the permission of the Commissioner or
without other lawful authority, remove any bar, chain or post so fixed or
infringe any order prohibiting traffic so set up.
Commissioner 237. Whilst the execution of any work on behalf of the Corporation is
to provide for
traffic, etc., in progress in any street, the Commissioner shall, so far as may be reasonably
pending
execution of practicable, make adequate provision for the passage or diversion of traffic,
municipal for securing access to all premises approached from such street, and for any
work in any
street. drainage, water-supply, or means of lighting which may be interrupted by
reason of the execution of the said work.

Precautions to 238. (1) Whilst the execution of any work on behalf of the Corporation
be taken for
public safety is in progress in any street, the Commissioner shall—
whilst
municipal (a) take proper precaution for guarding against accident by shoring
works are in
progress in up and protecting the adjoining buildings ;
any street.
(b) have any place where the soil or pavment has been opened or
broken up, fenced and guarded ;
(c) have a light sufficient for the warning of passengers set up and
kept every night against any such place and against any bars, chains or
posts set up under section 236 for so long as such place shall be continued
open or broken up, or such bars, chains or posts shall remain set up.
1
This portion was substituted for the original portion by Bom. 56 of 1959, s. 3, Sch.
1949 : LIX] Maharashtra Municipal Corporations Act 169

(2) No person shall, without the written permission of the Commissioner

or without other lawful authority, remove any shoring timber or fence, or
remove or extinguish any light employed or set up for any of the purposes
of this section.

239. (1) No person other than the Commissioner or a municipal officer Streets not to
be opened or
or servant shall, without the written permission of the Commissioner or broken up and
building
without other lawful authority,— materials not
to be deposited
(a) open, break up, displace, take up or make any alteration in, or thereon without
permission.
cause any injury to, the soil or pavement, or any wall, fence, posts, chain
or other material or thing forming part of any street ;
(b) deposit any building materals in any street ; or
(c) set up in any street any scaffold or any temporary erection for
the purpose of any work whatever, or any posts, bars, rails, boards or
other things by way of enclosure, for the purpose of making mortar or
depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or (c) of sub-section (1)
shall be terminable at the discretion of the Commissioner, on his giving not
less than twenty-four hours’ written notice of the termination thereof to
the person to whom such permission was granted.
(3) Except in cases in which permission has been applied for under
clause (b) of sub-section (1) for the deposit of building materials in any street
and no reply has been sent to the applicant within seven days from the date
of the application, the Commissioner may, without notice, cause to be
removed any building materials, or any scaffold, or any temporary erection,
or any posts, bars, rails, boards or other things by way of enclosure, which
have been deposited or set up in any street without the permission or
authority specified in sub-section (1) or which, having been deposited or set
up with such permission or authority, have not been removed within the
period specified in the notice issued under sub-section (2).

240. Any person to whom any permission is granted under section Precautions for
public safety to
239 shall, at his own expense, cause the place where the soil or pavement be taken by
persons to
has been opened or broken up or where he has deposited building materials, whom
permission is
or set up any scaffold, erection or other thing, to be properly fenced and granted under
section 239.
guarded, and, in all cases in which the same is necessary to prevent accidents,
shall cause such place to be well lighted during the night.

241. (1) Every person to whom permission is granted under section Persons to
whom
239 to open or break up the soil or pavement of any street, or who, under permission is
granted under
other lawful authority, opens or breaks up the soil or pavement of any street, section 239
must reinstate
shall with all convenient speed complete the work for which the same shall streets, etc.
be opened or broken up, and fill in the ground and reinstate and make good
the street or pavement so opened or broken up without delay to the
satisfaction of the Commissioner.
170 Maharashtra Municipal Corporations Act [1949 : LIX

(2) If the said person shall fail to reinstate and make good the street or
pavement as aforesaid, the Commissioner may restore such street or
pavement, and the expenses incurred by the Commissioner in so doing shall
be paid by the said person.

Provisions to 242. The Commissioner may, by written notice, require any person
be made by
persons to whom permission is granted under section 239 to open or break up the
granted
permission soil or pavement of any street, or whom, under any other lawful authority,
under section
239 for traffic, opens or breaks up the soil or pavement of any street for the purpose of
etc.
executing any work, to make provision to his satisfaction for the passage or
diversion of traffic for securing access to the premises approached from
such street and for any drainage, water-supply or means of lighting which
may be interrupted by reasons of the execution of the said work.

Buildings at 243. (1) The Commissioner may, with the approval of the Standing
corners of
streets. Committee, require by written order the corner of any building which has
already been erected or which is to be newly erected or which is to be
reconstructed or repaired and which is situated at the junction of two or
more streets to be rounded or splayed off to such height and in such manner
as he may determine and may also in such order impose such conditions as
he deems necessary as to the construction of a compound wall or fence or
hedge or any other structure whatsoever or the planting or retention of any
tree on the premises appurtenant to such building.

(2) Compensation shall be paid by the Commissioner for any loss or

damage caused by the issue of an order under sub-section (1).

1
[Provision for parking or halting places or lots.
Provision for 243A. (1) The Commissioner may, in consultation with the
parking or
halting places Commissioner of Police, or where there is no Commissioner of Police, the
or lots and
fees or police officer who ranks highest in the hierarchy of policy officers in the
charges
therefor. Corporation area, from time to time, earmark such places as he thinks fit to
be the parking or halting places or lots for vehicles on any part of a public
street or public place.

(2) The Commissioner may charge such fees or charges from any person
for use of such place or lot by him for parking or halting a vehicle, for each
day or part thereof, subject to such terms and conditions as the Commissioner
may think fit, with the approval of the Corporation.]

1.
This heading and section 243A was inserted by Mah. 13 of 1992, s. 3.
1949 : LIX] Maharashtra Municipal Corporations Act 171

Sky-signs and Advertisements.

244. (1) No person shall, without the written permission of the Regulations
as to sky-
Commissioner, erect, fix or retain any sky-sign of the kind prescribed by signs.
rules whether existing on the appointed day or not. 1[Where a sky-sign is a
poster depicting any scence from a cinematographic film, stage play or other
stage performance, such permission shall not be granted, unless prior
scrutiny of such poster is made, by the Commissioner and he is satisfied
that the erection or fixing of such poster is not likely to offend against
decency or morality. A permission under this section] 2[may be granted or
renewed for a period not exceeding two years] from the date of each such
permission or renewal, subject to the condition that such permission shall
be deemed to be void if,—

(a) any addition is made to the sky-sign except for the purpose of
making it secure under the direction of the City Engineer ;

(b) any change is made in the sky-sign, or any part thereof ;

(c) the sky-sign or any part thereof fall either through accident, decay
or any other cause ;

(d) any addition or alteration is made to, or in, the building or

structure upon or over which the sky-sign is erected, fixed or retained,
involving the disturbance of the sky-sign or any part thereof ;

(e) the building or structure upon or over which the sky-sign is

erected, fixed or retained becomes unoccupied or be demolished or
destroyed.

(2) Where any sky-sign shall be erected, fixed or retained after the
appointed day upon or over any land, building or structure, save and except
as permitted as hereinbefore provided, the owner or person in occupation
of such land, building or structure shall be deemed to be the person who has
erected, fixed or retained such sky-sign in contravention of the provisions
of this section, unless he proves that such contravention was committed by
a person not in his employment or under his control, or was committed
without his connivance.

(3) If any sky-sign be erected, fixed or retained contrary to the

provisions of this section, or after permission for the erection, fixing or
retention thereof for any period shall have expired or become void, the
Commissioner may, by written notice, require the owner or occupier of the
land, building or structure, upon or over which the sky-sign is erected, fixed
or retained, to take down and remove such sky-sign.
1.
These words were substituted for the words “Such written permission” by Mah. 42 of 1976,
s. 20.
2.
These words were substituted for the words “shall be granted or renewed, for any period
exceeding two years” by Bom. 18 of 1953, s. 3 and Second Schedule.
H 610—25
172 Maharashtra Municipal Corporations Act [1949 : LIX

Regulation
and control of 245. (1) The Commissioner may, by notice in writing, require the owner
advertise- or the person in occupation of any land, building, wall, hoarding or structure
ment.
to take down or remove, within such period as is specified in the notice, any
advertisement upon such land, building, wall, hoarding or structure.

(2) If the advertisement is not taken down or removed within such

period, the Commissioner may cause it to be taken down or removed, and
the expenses reasonsably incurred on the taking down or removal thereof
shall be paid by such owner or person.

(3) 1[Except in case of posters depicting any scene from a

cinematographic film, stage play or other stage performance, the provisions
of this section] shall not apply to any advertisement which,—

(a) is exhibited within the window of any building ;

(b) relates to the trade or business carried on within the land or

building upon which such advertisement is exhibited or to any sale or
letting of such land or building or any effects therein, or to any sale,
entertainment or meeting to be held upon or in the same ;

(c) relates to the business of any railway administration ;

(d) is exhibited within any railway station or upon any wall or other
property of a railway administration, except any portion of the surface of
such wall or property fronting any street.

Dangerous places and places where some work affecting human safety or
convenience is carried on.

Hoards to be 246. (1) No person who proposes to build, take down or rebuild any
set up during
work on any building or wall, or to alter or repair any part of any building or wall, shall,
building
adjacent to in any case in which the footway in any adjacent street will be thereby
streets.
obstructed or rendered less convenient, commence doing so without first
having caused to be put up a proper and sufficient hoard or fence, with a
convenient platform and hand-rail if there be room enough for the same
and the Commssioner shall think the same desirable, to serve as a footway
for passengers outside of such hoard or fence.

(2) No hoard or fence shall so put up without the previous written

permission of the Commissioner, and every such hoard or fence, put up
with such permission, with such platform and hand-rail as aforesaid, shall
be continued standing and maintained in good condition to the satisfaction
of the Commissioner, by the person who carries on the work, during such
time as may be necessary for the public safety and convenience ; and, in all

1.
These words were substituted for the words “The provisions of this section” by
Mah. 42 of 1976, s. 21.
1949 : LIX] Maharashtra Municipal Corporations Act 173

cases in which the same is necessary to prevent accidents, the said person
shall cause such hoard or fence to be well lighted during the night.

(3) The Commissioner may, by written notice, require the person

aforesaid to remove any hoard or fence so put up.

247. (1) If any place is, in the opinion of the Commissioner, from want Commissioner
to take
of sufficient repair, protection or enclosure or owing to some work being proceedings for
repairing or
carried on thereupon, dangerous to passengers along a street, or to persons enclosing
dangerous
who have lawful access thereto or to the neighbourhood thereof or if any places or places
where some
such work, in the opinion of the Commissioner, affects the safety or work affecting
safety or
convenience of such persons, he may, by notice in writing require the owner convenience is
carried on.
or occupier thereof to repair, protect or enclose the said place or take such
other setp as shall appear to the Commissioner necessary, in order to prevent
danger therefrom or to ensure safety or convenience of such persons.

(2) The Commissioner may, before giving any such notice or before the
period of any such notice has expired, take such temporary measures as he
thinks fit to prevent danger from the said place or to ensure safety or
convenience at such work and any expense incurred by the Commissioner
in taking such temporary measure shall be paid by the owner or occupier of
the place to which the said notice refers.

248. (1) No person who proposes to take down a building or a part Protective
measures
thereof, shall commence doing so without providing, in addition to such during
demolition
hoard or fence which he may be required to provide under section 246, work.
screens extending to the full height of such building on all sides thereof so
as to prevent pollution of the surrounding air with dust or injury or damage
caused by the falling of any debris, bricks, wood and other material.

(2) If any such work is commenced in contravention of sub-section (1),

the Commissioner may cause it to be stopped forthwith and any person
carrying it out to be removed from the premises by a police officer.

Lighting of Streets.

249. (1) The Commissioner shall,— Public streets

to be lighted.

(a) take measures for lighting in a suitable manner the public streets,
municipal gardens and open spaces and municipal markets and all
buildings vesting in the Corporation ;

(b) procure, erect and maintain such number of lamps, lamp-posts

and other appurtenances as may be necessary for the said purpose ; and

H 610—25a
174 Maharashtra Municipal Corporations Act [1949 : LIX

(c) cause such lamps to be lighted by means of oil, gas, electricity or

such other light as the Corporation shall from time to time determine.

(2) The Commissioner may place and maintain electric wires for the
purpose of lighting such lamps under, over, along or across, and posts, poles,
standards, stays, struts, brackets and other contrivances for carrying,
suspending or supporting lamps or electric wires in or upon any immovable
property without being liable to any claim for compensation thereat :

Provided that such wires, posts, poles, standards, stays, struts, brackets
and other contrivances shall be so placed as to occasion the least practicable
inconvenience or nuisance to any person.

Watering of Streets.
Measures for 250. The Commissioner may,—
watering
streets.
(a) take measures for having the public streets watered at such time
and seasons in such manner as he shall think fit ;

(b) procure and maintain such vehicles, animals and apparatus as

he shall think fit for the said purpose.

Miscellaneous.
Prohibition of 251. No person shall, without lawful authority, take away or wilfully
removal, etc.,
of lamps or break, throw down or damage,—
any other
municipal
property on (a) any lamps, lamp-post or lamps-iron set up in any public street or
streets.
in any municipal garden, open space or market or building vesting in the
Corporation ;

(b) any electric wire for lighting any such lamp ;

(c) any post, pole, standard, stay, strut, bracket or other contrivance
for carrying, suspending or supporting any such electric wire or lamp ;

(d) any property of the Corporation on any street ;

and no person shall wilfully extinguish the light or damage and

appurtenance of any such lamp.
Persons 252. If any person shall, through negligence or accident, break any
accidentally
breaking lamp set up in any public street or municipal market, garden or public place
lamps, etc., to
repair the or building vesting in the Corporation or shall break or damage any property
damage.
of the Corporation on any street, he shall pay the expenses of repairing the
damage so done by him.
1949 : LIX] Maharashtra Municipal Corporations Act 175

CHAPTER XV.
BUILDING REGULATIONS.
Notices regarding Erection, etc., of Buildings.

253. (1) Every person who shall intend to erect a building shall give Notice to be
given to
to the Commissioner notice of his said intention in the form prescribed in Commissioner
of intention to
the by-laws and containing all such informations as may be required to be erect building.
furnished under the by-laws.
(2) Every such notice shall be signed in the manner prescribed, in the
by-laws and shall be accompanied by such documents and plans as may be
so prescribed.
(3) In this Chapter the expression “to erect a building” means,—
(a) newly to erect a building on any site whether previously built
upon, or not,
(b) to re-erect,—
(i) any building of which more than one-half of the cubical contents
of the building above the level of the plinth have been pulled down,
burnt, or destroyed,
(ii) any masonary building of which more than three-fourths of the
superficial area of the external walls above the level of the plinth has
been pulled down, or
(iii) any frame building of which more than three quarters of the
number of the posts of beams in the external walls have been pulled
down,
(c) to convert into a dwelling house any building or part of a building
not originally constructed for human habitation or originally so
constructed, appropriated for any other purpose,
(d) to convert into more than one dwelling house a building originally
constructed as one dwelling house only,
(e) to convert by any structural alteration into a place of religious
worship or into a sacred building any place or building not originally
meant or constructed for such purpose,
(f) to roof or cover an open space between walls or buildings as
regards the structure which is formed by roofing or covering such space,
(g) to convert by a structural alteration two or more tenements in
building into a greater or lesser number,
(h) to make any structural alteration in a building so as to affect its
drainage or sanitary arrangements or its stability,
(i) to convert into a stall, shop, warehouse or godown any building
not originally constructed for use as such, or
(j) to construct in a wall adjoining any street or land not vested in
the owner of the wall, a door opening on such street or land,
and each of the above operations shall be deemed to be the erection of a
new building for the purposes of this Chapter.
176 Maharashtra Municipal Corporations Act [1949 : LIX

Notice to be 254. (1) Every person who shall intend,—

given to
Commi-
ssioner of (a) to make any addition to a building,
intention to
make (b) to make any alteration or repairs to a building, not being a frame-
additions,
etc., to building, involving the removal or re-erection of any external or party-
building.
wall thereof or of any wall which supports the roof thereof, to an extent
exceeding one-half of such wall above the plinth level, such half to be
measured in superficial feet,
(c) to make any alteration or repairs to a frame-building, involving
the removal or re-erection of more than one-half of the posts or beams in
any such wall thereof as aforesaid or involving the removal or re-erection
of any such wall thereof as aforesaid to an extent exceeding one-half of
such wall above plinth level, such half to be measured in superficial fee,
(d) to make any alteration in a building involving,—
(i) the sub-division of any room in such building so as to convert
the same into two or more separate rooms, or
(ii) the conversion of any passage or space in such building into a
room or rooms,
(e) to repair, remove, construct, reconstruct or add to any portion of
a building abutting on a street which stands within the regular line of
such street,
(f) to carry out any work in a building involving,—
(i) the construction or re-construction of a roof,
(ii) the conversion of a roof into a terrace,
(iii) the conversion of a terrace into a roof, or
(iv) the construction of a lift shaft,
(g) to carry out any repairs to a building involving the construction
of a floor of a room (excluding the ground floor),
(h) to permanently close any door or window in an external wall, or
(i) to remove or reconstruct the principal staircase or to alter its
position,
shall give notice to the Commissioner, in the form prescribed in the
bye-law and containing all such information as may be required to be
furnished under the bye-laws.
(2) Every such notice shall be signed in the manner prescribed in the
bye-laws and shall be accompanied by such documents and plans as may be
so prescribed.
Plans, etc., 255. The Commissioner shall decline to accept any plan, section,
submitted to
be rejected if description, structural drawings or structural calculations as sufficient for
not drawn
etc., in the purposes of this Act which are not drawn, given, prepared, or signed in
prescribed the manner prescribed in the bye-laws.
manner.
1949 : LIX] Maharashtra Municipal Corporations Act 177

256. If any requisition made by the Commissioner in accordance with Effect of non-
compliance
the rules requiring the production of further particulars and details is not with requistion
made by
complied with, the notice given under section 253 or 254 shall be deemed Commissioner.
not to have been given.

Commencement of work.

257. Every person who intends to erect a new building or execute Supervision of
buildings and
any such work as is described in section 254, shall erect the building or works.
execute the work in such manner, under such supervision, through such
qualified agency, and subject to such conditions and restrictions as may be
prescribed by the by-laws.
258. If at any time after permission to proceed with any building or Power to
Commissioner
work has been given under the rules, the Commissioner is satisfied that to cancel
permission on
such permission was granted in consequence of any material the ground of
material
misrepresentation or fraudulent statement contained in the notice given or misrepresen-
tation by
information furnished under section 253 or 254, or of further information, if applicant.
any, furnished, he may cancel such permission, and any work done
thereunder shall be deemed to have been done without his permission.

259. The Commissioner may at any time during the erection of a Inspection of
building in
building or the execution of any such work as is described in section 254 course of
erection,
make an inspection thereof, without giving previous notice of his intention alteration, etc.
so to do.

260. 1[(1) The Commissioner shall, by notification in the Official Proceedings to

be taken in
Gazette, designate an officer of the Corporation to be the Designated Officer respect of
building or
for the purposes of this section and of sections 261, 264, 267 and 478. The work
commenced
Designated Officer shall have jurisdiction over such local area as may be contrary to
rules or by-
specified in the notification and different officers may be designated for laws.
different local areas.]

[(1A)] If the erection of any building or the execution of any such work
2

as is described in section 254 is commenced or carried out contrary to the

provisions of the rules or by-laws 3[the Designated Officer], unless he deems
it necessary to take proceedings in respect of such building or work under
section 264, shall,—
(a) by written notice, require the person who is erecting such building
or executing such work or has erected such building or executed such
work on or before such day as shall be specified in such notice, by a
statement in writing subscribed by him or by an agent duly authorised by
him in that behalf and addressed to 3[the Designated Officer], to show
sufficient cause why such building or work shall not be removed, altered
or pulled down, or
1.
Sub-section (1) was inserted by Mah. 2 of 2012, s. 11(1).
2.
The existing sub-section (1) was re-numbered as sub-section (1A) by Mah. 2 of 2012, s. 11(1).
3.
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 11(2).
178 Maharashtra Municipal Corporations Act [1949 : LIX

(b) shall require the said person on such day and at such time and
place as shall be specified in such notice to attend personally or by an
agent duly authorised by him in that behalf, and show sufficient cause
why such building or work shall not be removed, altered or pulled down.
(2) If such person shall fail to show sufficient cause, to the satisfaction
of [the Designated Officer] why such building or work shall not be removed,
1

altered or pulled down 1[the Designated Officer] may remove, alter or pull
down the building or work and the expenses thereof shall be paid by the
said person.
Building or 261. (1) If there shall be reasonable ground for suspecting that in the
works
commenced erection of any such building or in the execution of any such work as is
contrary to
Act may be referred to in section 260 anything has been done contrary to any provision
cut into and
laid open for
of this Act or of any rule or bye-laws, or that anything required by any such
purpose of provision, rule or bye-law to be done has been omitted to be done ;
inspection.
and if, on inspecting such building or work, it is found that the same
has been completed or is too far advanced to permit of any such fact being
ascertained ;
[the Designated Officer] may, with the approval of the Standing
2

Committee, by a written notice, require the person who has erected such
building or executed such work or is erecting such building or executing
such work to cause so much of the building as prevents any such fact being
ascertained to be cut into, laid open or pulled down to a sufficient extent to
permit of the same being ascertained.
(2) If it shall thereupon be found that in the erection of such building or
the execution of such work nothing has been done contrary to any provision
of this Act or of any rule or bye-law, and that nothing required by any such
provision, rule or bye-law to be done has been omitted to be done,
compensation shall be paid by 2[the Designated Officer] to the person
aforesaid for the damage and loss incurred by cutting into, laying open or
pulling down the building or work.
Enforcement 262. The Commissioner may, at any time, during the erection of a
of provisions
concerning building or the execution of any such work as aforesaid or at any time within
buildings and three months after the completion thereof, by written notice, specify any
works.
matter in respect of which the erection of such building or the execution of
such work may be in contravention of any provision of this Act or of any rule
or bye-law, and require the person erecting or executing or who has erected
or executed such building or work, or, if the person who has erected, or
executed such building or work is not at the time of the notice the owner
thereof, then the owner of such building or work to cause anything done
contrary to any such provision, rule or bye-law to be amended or to do
anything which by any such provision, rule or bye-law may be required to be
done but which has been omitted to be done.
1.
These words were substituted for the words “the Commissioner”, by Mah. 2 of 2012, s. 11(3).
2.
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 12.
1949 : LIX] Maharashtra Municipal Corporations Act 179

Completion
263. (1) Every person shall, within one month after the completion of certificates ;
the erection of a building or the execution of any such work as is described permission to
occupy or use.
in section 254, deliver or send or cause to be delivered or sent to the
Commissioner at his office, notice in writing of such completion,
accompanied by a certificate in the form prescribed in the bye-laws
signed and subscribed in the manner so prescribed, and shall give to the
Commissioner all necessary facilities for the inspection of such building or
of such work and shall apply for permission to occupy the building.
(2) No person shall occupy or permit to be occupied any such building,
or use or permit to be used the building or part thereof affected by any
work, until,—
(a) permission has been received from the Commissioner in this
behalf, or
(b) the Commissioner has failed for twenty-one days after receipt of
the notice of completion to intimate his refusal of the said permission.

1
[Lawfully erected structures infringing rules or by-laws.

263A. (1) If any hut or shed erected or constructed before the Power to
require
appointed day is contrary to the provisions of any rules or bye-laws relating demolition or
alteration of
to the erection or construction of huts or sheds, and it appears to the lawfully
constructed
Commissioner that it is necessary in the public interest that such hut or huts or sheds
shed or any part thereof be demolished or altered, the Commissioner may infringing rules
or bye-laws.
by written notice require the owner thereof to demolish or alter such hut or
shed or any part thereof, or on or before such date, as may be specified in
such notice, by writing subscribed by the owner or an agent duly authorised
in that behalf and addressed to the Commissioner, show a sufficient cause
why such hut or shed should not be demolished or so altered.
(2) If such person fails to show sufficient cause to the satisfaction of
the Commisssiner why such hut or shed or any part thereof should not be
demolished or so altered, he shall demolish or alter the hut or shed within
such time as he is required so to do by the Commissioner ; and if he fails to
do so, the Commissioner may demolish or alter the hut or shed.
(3) The Commissioner shall pay compensation to every person who
sustains loss or damage by the demolition or alteration as aforesaid of any
hut or shed (including any cost of demolition or alteration).]

Dangerous Structures.

264. (1) If it shall at any time appear to 2[the Designated Officer] that Removal of
structures, etc.,
any structure (including under this expression, any building, wall, parapet, which are in
ruins or likely
pavement, floor, steps, railings, door or window frames or shutters or roof, to fall.
or other structure and anything affixed to or projecting from or resting on,
1
This heading and section 263A was inserted by Bom. 19 of 1956, s. 2.
2
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(1).
H 610-26
180 Maharashtra Municipal Corporations Act [1949 : LIX

any building, wall, parapet or other structure) is in a ruinous condition or

likely to fall, or in any way dangerous to any person occupying, resorting to
or passing by such structure or any other structure or place in the
neighbourhood thereof, 1[the Designated Officer] may, by written notice,
require the owner or occupier of such structure to pull down, secure, remove
or repair such structure or thing or do one or more of such things and to
prevent all cause of danger therefrom.
(2) 2[The Designated Officer] may also, if he thinks fit, require the said
owner or occupier by the said notice, either forthwith or before proceeding
to pull down, secure, remove or repair the said structure or thing, to set up
a proper and sufficient hoard or fence for the protection of passers-by and
other person, with a convenient platform and hand-rail if there be room
enough for the same and the 2[the Designated Officer] shall think the same
desirable to serve as a footway for passengers outside of such hoard or fence.
(3) If it appears to 3[the Designated Officer] that the danger from a
structure which is ruinous or about to fall is imminent, he may, before giving
notice as aforesaid or before the period of notice expires, fence off, take
down, secure or repair the said structure or take such steps or cause such
work to be executed, as may be required to arrest the danger.
(4) Any expenses incurred by 4[the Designated Officer] under sub-section
(3) shall be paid by the owner or occupier of the structure.
(5) (a) Where 5[the Designated Officer] is of opinion whether on receipt
of an application or otherwise that the only or the most convenient means
by which the owner or occupier of a structure such as is referred to in sub-
section (1) can pull down, secure, remove or repair such structure, is by
entering any of the adjoining premises belonging to some other person 5[the
Designated Officer] after giving such person a reasonable opportunity of
stating any objection may, if no such objection is raised or if any objection
which is raised appears to him invalid or insufficient, by an order in writing,
authorize the said owner or occupier to enter such adjoining premises.
(b) Every such order bearing the signature of 5[the Designated Officer]
shall be a sufficient authority to the person in whose favour it is made, or to
any agent or person employed by him for this purpose, after giving to the
owner of the premises reasonable written notice of his intention so to do, to
enter upon the said premises with assistants and workmen, at anytime
between sunrise and sunset, and to execute the necessary work.
(c) In executing any work under this section as little damage as can be,
shall be done to the adjoining owner's property, and the owner or occupier
of premises for the benefit of which the work is done, shall,—
(i) cause the work to be executed with the least practicable delay ;
(ii) pay compensation to any person who sustains damage by the
execution of the said work.
1
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(1).
2
These words were substituted for the words “the Commissioner by Mah. 2 of 2012, s. 13(2).
3
These words were substituted for the words “the Commissioner by Mah. 2 of 2012, s. 13(3).
4
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(4)
5
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(5).
1949 : LIX] Maharashtra Municipal Corporations Act 181

265. (1) It stall be incumbent on the owner of every building to Periodic

inspection of
maintain every part thereof and everything appurtenant thereto in such buildings.
repair as to prevent its becoming dangerous.
(2) The Commissioner may by written notice require the owner of any
building to get the building inspected at such intervals and in such manner
as may be prescirbed in the by-laws.
(3) The owner shall within two months of the inspection under sub-
section (2) undertake such repairs as the inspection shall show to be
necessary for the purpose of securing the stability of the structure within
the meaning of section 264 after complying with all the provisions of this
Act and the rules and by-laws in regard to such repairs and shall, on
completion of such repairs, submit to the Commissioner a certificate signed
by the person who made the inspection, of his having carried out the repairs
satisfactorily.
(4) A report of every inspection made under sub-section (2) shall
forthwith be submitted to the Commissioner by the person who carried it
out and the Commissioner may take such action in respect of such building
as he deems fit under this section or under any other provision of this Act if
the owner fails to comply with the requirements of sub-section (3).
(5) The expenses incurred by the Commissioner under sub-section (4)
shall be paid by the owner.
[265A. (1) Notwithstanding anything contained in section 265, every Structural
1
Stability
owner or occupier of a building in respect of which a period of thirty years, Certificate.
from the date of, —
(i) issue of its completion certificate by the Corporation ; or
(ii) issue of permission to occupy a building under section 263 ; or
(iii) its physical occupation of at least 50 per cent., of its builtup
area,
whichever is earlier, has expired, shall cause such building to be examined
by a Structural Engineer registered with the Corporation for the purposes
of certifying that the building is fit for human habitation (such certificate
hereinafter referred to as “ the Structural Stability Certificate”). The
Structural Stability Certificate issued by such Structural Engineer shall be
submitted to the Commissioner.
(2) The Structural Stability Certificate shall be submitted within one
year from the expiry of a period of thirty years referred to in sub-section
(1), and every ten years thereafter or such earlier period as the
Commissioner may determine having regard to the condition of the building
and the corrective repairs carried out by the owner or occupier.
(3) Notwithstanding anything contained in sub-section (1), the
Commissioner may, at any time, after having recorded the reasons, in
writing, direct the owner or occupier of a building, to cause such building to
be examined by such Structural Engineer and to submit to the Commissioner,
the Structural Stability Certificate, as required under sub-section (1), within
the period not exceeding thirty days as specified by the Commissioner in
such direction.
1
Section 265A was inserted by Mah. 6 of 2009, s. 4.
H 610-26a
182 Maharashtra Municipal Corporations Act [1949 : LIX

(4) If the Structural Engineer recommends any corrective repairs for

securing the structural stablity of the building, such corrective repairs shall
be carried out by the owner or occupier of a building to the satisfaction of
the Commissioner.
(5) Any owner or occcupier, as the case may be, who fails to carry out
corrective repairs for securing structural stability, within a period of six
months from the date of report of the Structural Engineer, shall be punished
with the fine as provided in section 398A.
(6) Notwithstanding anything contained in sub-section (5), the
Commissioner may, after giving the owner or occupier, a notice in writting,
require him to carry out, within the period specified in the notice, corrective
repairs for accuring structural stability of a building. If the owner or occupier
fails to carry out such corrective repairs within the period specified in the
notice, the Commissioner may carry out the same and the expenses incurred
by the Commissioner on such repair shall, on demand, if not paid within
thirty days, be recovered from the owner or occupier as arrears of property
tax.
(7) If there is any dispute about the amount of expenses for which
demand is made under sub-section (6), an appeal may be preferred to the
Judge, before whom an appeal may be filed under section 406 of this Act,
but no such appeal shall be entertained by the such Judge, unless,—
(i) it is preferred within twenty-one days from the date of receipt of
notice of such demand ;
(ii) the amount for which demand is made is deposited with the
Corporation and a true copy of the receipt showing that the amount has
been so deposited accompanies the appeal.
(8) In case the appeal is decided in favour of the appellant and the
amount of expenses deposited with the Corporation is more than the amount
payable by the appellant, the Commissioner shall adjust the excess amount
with interest at 6.25 per cent. per annum from the date on which the amount
is so deposited by the appellant, towards the property tax payable by the
owner in respect of such building thereafter.]
Dangerous 266. If it shall at any time apper to the Commissioner that any opening
opening in
buildings. in any part of a building is so situated as to constitute a danger to human
life, he may, by written notice, require that such opening shall be enclosed
or protected by bars, grills or such other device to his satisfaction.
Works unlawfully carried on.
1
Powers of 267. (1) If [the Designated Officer] is satisfied that the erection of
2
[Designated
Officer] to any building or the execution of any such work as is described in section 254
direct removal
of person has been unlawfully commenced or is being unlawfully carried on upon any
directing
unlawful premises he may, by written notice, require the person directing or carrying
work. on such erection or execution to stop the same forthwith.
1
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 14(1).
2
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 14(3).
1949 : LIX] Maharashtra Municipal Corporations Act 183

(2) If such erection or execution is not stopped forthwith, the

1
[Designated Officer] may direct that any person directing or carry on such
erection or execution shall be removed from such premises by any police
officer and may cause such steps to be taken as he may consider necessary
to prevent the re-entry of such person on the premises without his
permission.
(3) The cost of any measure taken under sub-section (2) shall be paid
by the said person.

[267A. (1) Whoever unlawfully constructs or reconstructs any Levy of penalty

2
on unlawful
building or part of a building,— building.
(a) on his land without obtaining permission under this Act or any
other law for the time being in force or in contravention of any condition
attached to such permission ;
(b) on a site belonging to him which is formed without approval under
the relevant law relating to Regional and Town Planning ;
(c) on his land in breach of any provison of this Act or any rule or
bye-law made thereunder or any direction or requisition lawfully given
or made under this Act or such rule or bye-law; or
(d) on any land, belonging to, or leased by, the Corporation, or the
Central or State Government, or any statutory corporation or organization
or company set up by any such Government, in breach of any provision of
this Act or of any other law for the time being in force and the rules or
bye-laws made thereunder,
3
[shall be liable to pay a penalty, at such rate as may be decided by the
Corporation, on such building], so long as it, remains as unlawful
construction, without prejudice to any proceedings which may be instituted
against him in respect of such unlawful construction :
Provided that, such levy and collection of tax and penalty shall not be
construed as regularization of such unlawful construction or reconstruction
for any period whatsoever of its such unlawful existence.
(2) Penalty payable under sub-section (1) shall be determined and
collected under the provisions of this Act, as if the amount thereof were a
property tax due by such person.]
Power to vacate premises.
268. (1) Notwithstanding the provisions of any other law to the Power of
Commissioner
contrary the Commissioner may, by written notice, order any building or to vacate any
any portion thereof to be vacated forthwith or within the time specified in building in
certain
such notice,— circumstances.

(a) if such building or portion thereof has been unlawfully occupied

in contravention of section 263 ;
1
These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 14(2).
2
Section 267A was inserted by Mah. 2 of 2008, s. 2.
3
These words were substituted for the words “shall be liable to pay every year a penalty,
which shall be equal to twice the property tax leviable on such building” by Mah. 51 of 2017,
s. 3.
184 Maharashtra Municipal Corporations Act [1949 : LIX

(b) if a notice has been issued in respect of such building or part

thereof requiring the alteration or reconstruction of any existing staircase,
lobby, passage or landing and the works specified in such notice have not
been commenced or completed ;

(c) if the building or part thereof is in a ruinous or dangerous

condition within the meaning of section 264.

(2) In every such notice the Commission shall clearly specify the reasons
for requiring such building or portion thereof to be vacated.

(3) The affixing of such written notice on any part of such premises
shall be deemed a sufficient intimation to the occupiers of such building or
portion thereof.

(4) On the issue of a notice under sub-section (1) every person in

occupation of the building or portion thereof to which the notice relates
shall vacate such building or portion as directed in the notice and no person
shall so long as the notice is not withdrawn enter the building or portion
thereof except for the purpose of carrying out any work which he may
lawfully carry out.

(5) The Commissioner may direct that any person who acts in
contravention of sub-section (4) shall be removed from such building or part
thereof by any police officer.

(6) The Commissioner shall, on the application of any person who has
vacated any premises in pursuance of a notice under sub-section (1), reinstate
such person in the premises on the withdrawal of such notice, unless it is in
his opinion impracticable to restore substantially the same terms of
occupation by reason of any structural alteration or demolition.

(7) The Commissioner may direct the removal from the said premises
by any police officer of any person who obstructs him in any action taken
under sub-section (6) and may also use such force as is reasonably necessary
to effect entry in the said premises.

Regulation of certain classes of buildings in particular localities.

Power to 269. (1) The Commissioner may give public notice of his intention to
regulate
future declare, subject to any valid objection that may be preferred within a period
construction
of certain of three months,—
classes of
buildings in
particular
(a) that in any streets or portions of streets specified in such notice
streets or the elevation and construction of the frontage of all buildings or any classes
localities.
of buildings thereafter erected or re-erected shall in respect of their
architectural features be such as the Corporation may consider suitable
to the locality ;
1949 : LIX] Maharashtra Municipal Corporations Act 185

(b) that in any localities specified in the notice there shall be allowed
the construction of only detached or semidetached buildings or both and
that the land appurtenant to each such building shall be of an area not
less than that specified in such notice;

(c) that the minimum size of building plots in particular localites

shall be of a specified area;

(d) that in any localities specified in the notice the construction of

more than a specified number of buildings on each acre of land shall not
be allowed ; or

(e) that in any streets, portions of streets or localities specified in

such notice the construction of shops, warehouses, factories, huts or
buildings designed for particular uses shall not be allowed without the
special permission of the Commissioner granted in accordance with
general regulations framed by the Standing Committee in this behalf and
subject to the terms of such permission only.

(2) The Standing Committee shall consider all objections received

within a period of three months from the publication of such notice, and
shall then submit the notice with a statement of objections received and of
its opinon thereon to the Corporation.

(3) No objection received after the said period of three months shall be
considered.

(4) Within a period of two months after the receipt of the same the
Corporation shall submit all the documents referred to in sub-section (2)
with a statement of its opinion thereon to the 1[State] Government.

(5) The 1[State] Government may pass such orders with respect to such
declartion as it may think fit :

Provided that such declaration shall not thereby be made applicable to

any street, portion of a street or locality not specified in the notice issued
under sub-section (1).

(6) The declaration as confirmed or modified by the 1[State] Government

shall be published in the Official Gazette and shall take effect from the date
of such publication.

(7) No person shall erect or re-erect any building in contravention of

any such declaration.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
186 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XVI.
IMPROVEMENT SCHEMES.
Commissioner 270. (1) Subject to provisions of sub-section (4), if it shall appear to
to make draft
improvement the Commissioner,—
scheme.
(A) that within certain limits in any part of the City,
(a) any buildings used, or intended or likely to be used, for human
habitation, are unfit for human habitation,
(b) the narrowness, closeness and bad arrangement or the bad
condition of the streets and buildings, or groups of buildings, within such
limits or the want of light, air, ventilation or proper convenience, or any
other sanitary defects, or one or more of such causes, are dangerous or
injurious to the health of the inhabitants either of the buildings within
the area of such limits, or of the neighbouring buildings, and that the
evils connected with such buildings and the sanitary defects in such area
cannot be effectually remedied otherwise than by an improvement scheme
for the rearrangement and reconstruction of the streets and buildings
within such area or of some of such streets or buildings, or
(c) it is necessary to provide for the construction of buildings for the
accommodation of the poorer sections of the community ; or
(B) that for the purpose of providing new building sites or of
remedying the defective ventilation of any part of the City, or of creating
new or increasing the existing means of communication and facilities for
traffic between various parts of the City it is expedient to form new or to
alter existing streets or to construct or reconstruct any bridges, causeways,
sub-ways or other works appurtenant thereto in any part of the City, the
Commissioner may,—
(i) with the previous approval of the Corporation, which shall not be
given unless the Corporation is satisfied of the sufficiency of its resources,
draw up a notification stating that the Commissioner proposes to make
an improvement scheme, specifying the area to which the resolution
relates and the works proposed to be included in such scheme and naming
a place where a map of the said area may be seen at all reasonable
hours ;
(ii) during three consecutive weeks publish simultaneously in the
Official Gazette and in the local newspapers a copy of the said notification;
and
(iii) proceed to make a draft improvement scheme and submit the
scheme to the Standing Committee for approval.
(2) In making an improvement scheme more than one area may be
included in one improvement scheme.
(3) With the previous approval of the Corporation the Commissioner
may, for the purpose of making an improvement scheme, cause surveys to
be made in areas either inside or outside the limits of the area comprised in
the scheme to be made.
1949 : LIX] Maharashtra Municipal Corporations Act 187

(4) No improvement scheme shall, notwithstanding anything contained

Bom in this Chapter be made for any area for which a housing scheme has been
LXIX of
1948. sanctioned under the provisions of the *Bombay Housing Board Act, 1948.
271. (1) The improvement scheme, which may exclude any part of the Particulars to
be provided for
area included in the notification referred to in section 270, or include any in an
neighbouring land, if the Commissioner is of opinion that such exclusion or improvement
scheme.
inclusion is necessary for the proper carrying out of the scheme,—
(a) shall, within the limits of the area comprised in the scheme,
provide for,—
(i) the acquisition of any land which will, in the opinion of the
Commissioner, be necessary for or, subject to the provisions of sub-
section (2), be affected by the execution of the scheme ;
(ii) relaying out all or any land including the construction and
reconstruction of buildings and the formation and alteration of
streets ;
(iii) the laying of such storm-water drains and sewers as may be
required for the efficient draining and sewering of streets so formed or
altered;
(iv) the lighting of streets so formed or altered ;
(b) may, within this limits aforesaid, provide for,—
(i) the construction or reconstruction of bridges, causeways or sub-
ways or any other works appurtenant thereto ;
(ii) raising any land which the Commissioner may deem expendient
to raise for the better drainage of the locality ;
(iii) forming open spaces for the better ventilation of the area
comprised in the scheme or any adjoining area ;
(iv) the whole or any part of the sanitary arrangements required ;
and
(c) may, within and without the limits aforesaid, provide for the
construction of buildings for the accommodation of the poorer sections of
the community including the whole or part of such sections to be displaced
in the execution of the scheme :
Provided that no neighbouring land shall be included in an
improvement scheme unless previous notice of such inclusion has been
given in the manner provided in item (ii) in sub-section (1) of section 270.
(2) If, in the opinion of the Commissioner, any land within the limits
aforesaid which is not required for the execution of the scheme will, as the
result of such execution, be increased in value the scheme may, in lieu of
providing for the acquisition of such land, provide for the levy of a betterment
charge as hereinafter provided in respect of the increase in value thereof.

*See, now the Maharashtra Housing and Area Development Authority Act, 1976 (Mah. XXVIII
of 1977).
H 610-27
188 Maharashtra Municipal Corporations Act [1949 : LIX

(3) In making an improvement scheme for any area regard shall be had
to the conditions and nature of neighbouring parts of the City and of the
City as a whole, and to the likelihood of improvement schemes being required
for the neighbouring and other parts of the City.
Procedure on 272. (1) On the submission by the Commissioner of a draft
completion of
scheme. improvement scheme, the Standing Committee shall take such scheme into
its consideration and may approve the same with or without such alteration
as it thinks fit.
(2) Upon the approval of an improvement scheme by the Standing
Committee the Commissioner shall forthwith draw up a notification stating
the fact of a scheme having been made, the limits of the area comprised
therein, and naming a place where particulars of the scheme, a map of the
same and a statement of the land which it is proposed to acquire or in respect
of which it is proposed to levy a betterment charge may be seen at all
reasonable hours, and shall,—
(a) communicate a copy of such notification, particulars, map and
statement to the Corporation ;
(b) publish the notification in the manner prescribed for the
publication of a notification under section 270.
(3) During the thirty days next following the first day on which such
notification is published, the Commissioner shall serve a notice upon every
person whose name appears in the Commissioner’s Assessment- book as
primarily liable for the payment of the property taxes leviable under this
Act on any land or building or part of a building which it is proposed to
acquire or in respect of which it is proposed to levy a betterment charge.
(4) Such notice shall,—
(a) state that the Commissioner on behalf of the Corporation
proposes to acquire such land or building or part of a building or to levy a
bettterment charge in respect thereof for the purpose of or in connection
with an improvement scheme, and
(b) require the person so served, if he objects to such acquisition or
levy, to state his reasons in writing within thirty days from the date of
service of the notice.
Right of owner 273. (1) If any land is included in any statement specifying the land
to demand
acquisition of proposed to be acquired made in accordance with any notification drawn up
issue of
notification under section 272, and if the owner of such land shall prove to the satisfaction
when building of the Collector that at the date of the said notification building operations
operations are
in progress. were in progress on such land or any part thereof and the buildings were
structurally complete up to the first floor level, the Collector shall call upon
the Commissioner to acquire such land.
(2) On receipt of such notice the Commissioner shall forthwith report
the matter to the Standing Committee and the said Committee shall then
resolve whether in its opinion it is desirable to acquire the land set out in
the notice or to withdraw from the proposal to acquire and shall communicate
1949 : LIX] Maharashtra Municipal Corporations Act 189

its resolution within two months to the Corporation which shall within one
month after receipt there of communicate to the Commissioner the decision
of the Corporation in the matter, and thereupon the Commissioner shall
forthwith in accordance with such decision either proceed to acquire such
land or shall give written notice to the owner that the proposal to acquire
has been withdrawn.
(3) If the Corporation decides to acquire the land, the Commissioner
shall give notice of such decision to the Collector and the owner, and the
Collector shall proceed as if a declaration had been made in respect of the
I of land in question under section 6 of *the Land Acquisition Act, 1894.
1894.
(4) If the Corporation withdraws from the proposal to acquire any land
under sub-section (2), such land shall not be included in any statement of
the land proposed to be acquired, made in accordance with any notification
drawn up under section 272, until the expiry of two years from the date of
the issue of written notice of withdrawal to the owner.
(5) Notwithstanding anything contained in this section, if the
Corporation withdraws, from the proposal to acquire any land under sub-
section (2), such land may be included in, or added to, any statement of the
land in respect of which it is proposed to levy a betterment charge made in
accordance with any notification drawn up under section 272 :
Provided that the provisions of sub-sections (3) and (4) of section 272
shall apply in respect of such land as if the period of thirty days referred to
in the said sub-section (3) commenced on the date on which notice was given
to the owner that the proposal to acquire has been withdrawn.
274. (1) The owner of any land included in any statement of the land Right of owner
to demand
proposed to be acquired made in accordance with any notification drawn up acquisition or
under section 272, may at any time before the publication of a declaration withdrawal by
Corporation
under section 278 and after the expiry of one year from the date of such after lapse of
two years from
notification by written notice to the Commissioner, setting out the date of
particulars of such land call upon the Commissioner to acquire such land on notification.
behalf of the Corporation.
(2) On receipt of such notice, the Commissioner shall forthwith report
the matter to the Standing Committee and the said Committee shall resolve
whether in its opinion it is desirable to acquire the land set out in the notice
and shall, communicate its resolution within two months to the Corporation
which shall within two months after the receipt thereof communicate to
the Committee and Commissioner the decision of the Corporation in the
matter and thereupon the Commissioner shall in accordance with such
decision either decide to acquire such land or shall give notice to the owner
that he has withdrawn the proposal to acquire.
(3) If the Corporation decides to acquire the land, it shall instruct the
Commissioner to give notice of such decision to the Collector and to the
owner, and the Collector shall proceed as if a declaration had been made in
I of respect of the land in question under section 6 of *the Land Acquisition Act,
1894.
1894.

*Now see the Right to Fair Compensation and Transporency in Land Acquisition and Re-
Settlement Act, 2013 (30 of 2013).
H 610-27a
190 Maharashtra Municipal Corporations Act [1949 : LIX

(4) If the Corporation withdraws from the proposal to acquire any land
under sub-section (2), such land shall not be included in any statement of
the land proposed to be acquired made in accordance with any notification
drawn up under section 272 until the expiry of two years from the date of
the issue of written notice of withdrawal to the owner.
(5) Notwithstanding anything contained in this section, if the
Corporation withdraws from the proposal to acquire any land under sub-
section (2), such land may be included in, or added to, any statement of the
land in respect of which it is proposed to levy a betterment charge made in
accordance with any notification drawn up under section 272 :
Provided that the provisions of sub-sections (3) and (4) of section 272
shall apply in respect of such land as if the period of thirty days referred to
in the said sub-section (3) commenced on the date on which notice was given
to the owner that the proposal to acquire has been withdrawn.
Standing 275. (1) Upon compliance with the foregoing provisions with respect
Committee
after to the publication of notices of the scheme, the Commissioner shall submit
publication
and service of to the Standing Committee any objection or representation received under
notices to
forward section 272 together with any suggestion he may wish to make in respect of
scheme to the modification of the scheme.
Corporation
for approval.
(2) The Standing Committee shall, after consideration of any such
objection, representation or suggestion and after inserting in the scheme
such modification as it thinks fit, submit the scheme together with any
objection, representation or suggestion to the Corporation for its approval.
Corporation 276. The Corporation shall, on receipt of a scheme from the Standing
to consider
improvement Committee, proceed to take such scheme into consideration together with
scheme and to
approve or any objection, representation or suggestion received or made under section
disapprove.
272 or 275 and shall, after having approved the scheme with or without
modification or declined to approve the scheme, pass a resolution to that
effect.
Commissioner 277. (1) As soon as the Corporation has approved the scheme, the
to apply to
1
[State] Commissioner shall apply to the 1[State] Government on behalf of the
Government
for sanction to Corporation for sanction to the scheme.
the scheme.
(2) If the Corporation declines to approve the scheme the Commissioner
shall forthwith draw up and publish in the manner provided in section 270,
a notification stating that the Corporation has resolved, not to proceed with
the making of the scheme, and on such publication the notification relating
to the scheme published under sections 270 and 272 shall be deemed to be
cancelled.

(3) An application to the 1[State] Government under sub-section (1) for

sanction shall by accompanied by,—
(a) a copy of the resolution passed by the Standing Committee under
section 272 ;
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 191

(b) a copy of the resolution passed by the Corporation under section

270;
(c) a description with full particulars of the scheme including the
reasons for any modification inserted therein ;
(d) complete plans and estimates of the cost of executing the scheme;
(e) a statement specifying the land which it is proposed to acquire or
in respect of which it is proposed to levy a betterment charge ;
(f) a list of the names of the persons, if any, who in answer to the
notices mentioned in sub-section (3) of section 272 objected, with the
reasons (if any) stated by such persons for objections, in respect of the
acquisition of their land or the levy of a betterment charge ;
(g) a schedule showing the rateable value, as entered in the
Commissioner’s assessment-book, at the date of the publication of a
notification relating to the land under section 272, of all land specified in
the statement under clause (e) and of any other land wholly or partially
situated within eighty feet from either side of any street to be formed or
altered in executing the scheme.
278. (1) (a) On receipt of the sanction of the 1[State] Government, On receipt of
sanction
the Commissioner shall forward to the 1[State] Government a declaration declaration to
for notification stating the fact of such sanction and that the land proposed be published
giving
to be acquired by the Corporation for the purposes of the scheme is required particulars of
for a public purposes. land to be
acquired and on
publication of
(b) The declaration shall be published in the Official Gazette, in the such
same manner, as an order of the 1[State] Government and shall state the declaration
Commissioner
limits within which the land proposed to be acquired is situate, the purpose to be
for which it is needed, its approximate area and the place where a plan of authorised to
execute scheme.
the land may be inspected.
(c) The said declaration shall be conclusive evidence that the land is
needed for a public purpose, and the Commissioner shall, upon the
publication of the said declaration, proceed to execute the scheme.
(2)(a) If at any time it appears to the Commissioner, the Standing
Committee or the Corporation, as the case may be, that an improvement
can be made in any part of the scheme, the Corporation may alter the scheme
for the purpose of making such improvement and thereupon the
Commissioner shall, subject to the provisions contained in the next two
clauses of this sub-section, forthwith proceed to execute the scheme as
altered.
(b) If the estimated net cost of executing the scheme as altered exceeds
by ten per cent. the estimated net cost of executing the scheme as sanctioned,
the Commissioner shall not, without the previous sanction of the
Corporation and of the 1[State] Government, proceed to execute the scheme
as altered.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
192 Maharashtra Municipal Corporations Act [1949 : LIX

(c) If the scheme as altered involves the acquisition, otherwise than by

agreement, of or the levy of a betterment charge in respect of any land other
than that specified in the schedule accompanying the scheme under sub-
section (3) of section 277, the provisions of sections 272 and 277 and of sub-
section (1) shall apply to the part of the scheme so altered, in the same
manner as if such altered part were the scheme.

If Corporation 279. If, within three years from the declaration aforesaid, the
fails to
acquire the Corporation fails to acquire any land included in such declaration or any
land, owner
may call upon part of such land, the owner of such land may, by written notice setting out
Corporation the particulars of such land, call upon the Corporation to acquire such land
to acquire it
or to or to withdraw from the proposal to acquire it and thereafter the procedure
withdraw
from proposal. prescribed in sub-sections (2) to (5) of section 274 shall be followed.

Method of 280. Where an improvement scheme has provided for the levy of a
calculation of
betterment betterment charge pursuant to sub-section (2) of section 271, such betterment
charge. charge shall be an amount equal to one-half of the increase in value of the
land, including the buildings, if any, thereon and shall be calculated upon
the amount by which the value of the said land on completion of the execution
of the scheme exceeds the value of the said land at the time of the publication
of the notification made under section 272.

Procedure for 281. (1) When it appears to the Commissioner that an improvement
determining
charge. scheme is sufficiently advanced to enable the amount of the betterment
charge to be determined, the Commissioner shall make a report to the
Standing Committee to that effect, and the Standing Committee after
considering the report may by resolution declare the date on which, for the
purpose of determining the amount the betterment charge, the execution of
the scheme shall be deemed to have been completed.
(2) The amount of betterment charge leviable in each case shall be
determined in accordance with section 280 after following the procedure
prescribed in sub-section (3) by such officer as the 1[State] Government may
by notification in the Official Gazette, appoint in this behalf at the request
of the Corporation.
(3) On a date being fixed under sub-section (1) and an officer being
appointed under sub-section (2) the Commissioner shall, in consultation
with such officer, serve upon every person on whom a notice in respect of
the property affected has been served under sub-section (3) of section 272, a
notice which shall state,—
(a) the date declared by the Standing Committee under sub-section
(1) as aforesaid;

(b) the time, being some time not less than twenty-one days after the
service of the notice, and place at which the assessment of the betterment
charge will be considered by such officer, and every person upon whom

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 193

such a notice is served shall be entitled to be heard either in person or by

a duly authorised agent when the matter is taken into consideration by
such officer.

(4) When such officer has determined the amount of the betterment
charge leviable in respect of any property, the Commissioner shall serve
upon the person concerned a notice stating the amount so determined.

(5) With effect from the date of service of the notice under sub-section
(4) and subject to the decision upon any reference made to the District Court
as hereinafter provided in sub-section (6), the amount of the betterment
charge determined as aforesaid and interest thereon, if any, shall be a charge
upon the property in respect of which it is levied, and shall be recoverable
in the same manner as expenses declared to be improvement expenses under
section 442.

(6) If any person is dissatisfied with the charge determined by the officer
appointed by the 1[State] Government under sub-section (2), the
Commissioner shall, upon the application of such person at any time within
one month from the date of the service of a notice under sub-section (4),
refer the case for the determination of the District Court whose decision
thereupon shall be final.

(7) If no application for determination by the District Court is made as

provided in sub-section (6), the determination of the amount of a betterment
charge by the officer appointed by the 1[State] Government in this behalf
shall be final.
I of 282. *The Land Acquisition Act, 1894, hereinafter referred to as “the Extent to which
1894. Land
Land Acquisition Act” shall, to the extent set forth in Appendix I regulate Acquisition Act
and apply to the acquisition of land under this Chapter, otherwise than by shall apply to
acquisition of
agreement, and shall for that purpose be deemed to form part of this Chapter land otherwise
than by
in the same manner as if enacted in the body hereof, subject to the provisions agreement.
of this Chapter and the provisions following, namely :—

(1) a reference to any section of the Land Acquisition Act shall be

deemed to be a reference to such section, as modified by the provisions of
this Chapter, and the expression “ land ” as used in the Land Acquisition
Act shall be deemed to have the meaning assigned to it by clause (30) of
section 2 of this Act, and clause (b) of section 3 of the Land Acquisition
Act shall, for the purposes of this Chapter, be read as if the words and
parentheses “(including the 2[Government])” were inserted after the words
“includes all persons ”, and the words “or if he is the owner of any right
created by legislative enactment over any street forming part of the land”
were added after the words “affecting the land” ;

(2) in the construction of sub-section (2) of section 4 of the Land

Acquitition Act and the provision of this Chapter the provisions of the
said sub-section shall, for the purposes of this Act, be applicable immediatly
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
*
Now see the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (30 of 2013).
194 Maharashtra Municipal Corporations Act [1949 : LIX

upon the passing of a resolution under sub-section (1) of section 270 and
the expression “ 1[State] Government ” shall be deemed to include the
Commissioner, and the words “such locality” shall be deemed to mean
the locality referred to in any such resolution ;

(3) in the construction of the sections of the Land Acquisition Act

deemed to form part of this Chapter and of the provisions of this Chapter,
the publication of a notification under sub-section (1) of section 270 shall
be deemed to be the publication of a notification under sub-section (1) of
section 4 of the Land Acquisition Act and the date of publication of the
declaration under section 278 shall be deemed to be the date of the
publication of the declaration under section 6 of the Land Acquisition
Act :

Provided that where land is acquired under section 273 or sub-section

(3) of section 274 the date of publication of the notification under sub-
section (2) of section 272 shall be deemed to be the date of publication of
a declaration under section 6 of the Land Acquisition Act.

(4) in the construction of sub-section (2) of section 50 of the Land

Acquisition Act and the provisions of this Chapter, the Commissioner
shall be deemed to be the local authority or company concerned.

(5) Notwithstanding anything contained in sub-section (1) of section

49 of the Land Acquisition Act, it shall not be competent for the owner of
any building of which it is proposed to acquire only a part, to insist on the
acquisition of his entire holding where the part proposed to be acquired
can, in the opinion of the Collector, be severed from the remainder without
material detriment thereto :

Provided that the Collector shall, if required by the owner of such

building, refer the question where such part can be severed from the
remainder without material deteriment or the determination of the Court
and the Court shall decide upon such a reference, as if it were a reference
to the Court under the said sub-section :

Provided also that if, in the opinion of the Collector or, in the event
of a reference of the Court, the part proposed to be acquired cannot be
severed from the remainder without material detriment thereto, the
1
[State] Government may, at the instance of the Commissioner, order the
acquisition of the remainder, and in such case no fresh declaration shall
be necessary, but the Collector shall without delay furnish a copy of the
order of the l[State] Government to the person or persons interested and
shall thereafter take order for the acquisition of the remainder in like
manner and with like powers in all respects as if the acquisition had
orginally been provided for in the improvement scheme.

1
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 195

283. In determining the amount of compensation to be awarded for any Specialprovisions as to

land or building acquired for the purposes of this Act, the following further compensation.
provisions shall apply :—

(1) the Court shall take into consideration any increase to the value
of any other land or building belonging to the person interested likely to
accrue from the acquisition of the land or from the acquisition, alteration
or demolition of the building ;

(2) when any addition to, or improvement of, the land or building
has been made after the date of the publication under sub-section (2) of
section 272 of notification relating to the land or building, such addition
or improvement shall not (unless it was necessary for the maintenance of
the building in a proper state of repair) be included, nor in the case of any
interest acquired after the said date shall any separate estimate of the
value thereof be made, so as to increase the amount of the compensation
to be paid for the land or building ;

(3) in estimating the market value of the land or building at the date
of the publication of a notification relating thereto under
sub-section (2) of section 272 the Court shall have due regard to the nature
and the condition of the property and the probable duration of the
building, if any, in its existing state and to the state of repair thereof and
to the provisions of clauses (2),(5) and (6) of this section ;

(4) if in the opinion of the Court the rental of the land or building
has been enhanced by reason of its being used for an illegal purpose, or
being so over crowded as to be dangerous or injurious to the health of the
inmates, the rental shall not be deemed to be greater than the rental
which would be obtainable if the land or building were used for legal
purposes only, or were occupied by such a number of persons only as it
was suitable to accommodate without risk of such overcrowding.

Explanation.—For the purposes of this sub-section overcrowding

shall be interpreted as in section 307 ;

(5) if in the opinion of the Court the building is in a state of defective

sanitation, or is not in reasonably good repair, the amount of compensation
shall not exceed the estimated value of the property after the building
has been put into a sanitary condition, or into reasonably good repair,
less the estimated expense of putting it into such condition or repair ;

(6) if in the opinion of the Court the building being used or inteded
or lileky to be used for human habitation is not reasonably capable of
being made fit for human habitation, the amount of compensation for the
building shall not exceed the value of the materials, less the cost of the
demolition ;

(7) compensation may be awarded if the Court thinks fit in respect

of the severance of any part of a building proposed to be acquired in
addition to the value of such part.
H 610-28
196 Maharashtra Municipal Corporations Act [1949 : LIX

Collector to 284. When the Collector has made an award under section 11 of the
take
possession Land Acquisition Act, as applied by this Act, he may take possession of the
after making land which shall thereupon vest absolutely in the 1[Government] free from
an award and
transfer land all encumbrances, and the Collector shall, upon payment of the cost of the
to acquisition, make over charge of the land to the Commissioner and the land
Corporation.
shall thereupon vest in the Corporation subject to the liability of the
Commissioner to pay on behalf of the Corporation any further costs which
may be incurred on account of the acquisition of the land.

CHAPTER XVII.
MUNICIPAL FIRE-BRIGADE
Maintenance 285. (1) With a view to the discharge by the Corporation of the duty
of firemen and
of necessary of extinguishing fire and protecting life and property in case of fire, the
fire engines, Commissioner shall provide, in the statement of municipal officers and
etc.
servants from time to time prepared by him under section 51, for a force of
firemen, with a proper number of officers over them to be called " the
municipal fire-brigade ", and shall furnish the said brigade with all such
fire-engines, fire-escapes, vehicles, accoutrements, tools, implements and
means of intercommunication as may be necessary for the efficient
discharage of their duties.
(2) A person may be appointed to be a member of the fire-brigade in
addition to any other office or employment of such person.
(3) The Corporation may recognise any body of persons on such terms
and conditions as it may fix as a volunteer fire-brigade to supplement the
municipal fire- brigade.
Powers of 286. On the occasion of a fire the Chief or other officer in charge of
Chief Officer
of Fire- the fire-brigade may, subject to such orders as the Commissioner may from
Brigade at a time to time issue in this behalf, take the command of all municipal officers
fire.
and servants present and of any other persons who voluntarily place their
services at his disposal; and may on such occasions exercise all or any of the
powers specified in the rules.
Police and 287. (1) It shall be the duty of all police officers and of all municipal
municipal
officers and officers and servants to aid the fire-brigade in the execution of their duties.
servants to
aid the fire (2) Any police officer or any municipal officer may close any street in or
brigade.
near which a fire is burning and remove any persons who interfere by their
presence with the operations of the fire-brigade.
Damage done 288. (1) Any damage occasioned by the fire-brigade in the due
by fire-
brigade to be execution of their duties, or by any police or municipal officer or servant
deemed who aids the fire-brigade, shall be deemed to be damage by fire.
damage by
fire.
(2) No damages shall be payable for any act done in good faith by any
person in any operations carried out in pursuance of section 286 or 287.
Report of fire 289. A report of every fire which occurs in the City shall be submitted
to be
submitted. by the chief or other officer in charge of the fire-brigade not later than the
day following the fire to the Commissioner, who shall make such further
inquiry, if any, as he may deem necessary and shall furnish a weekly return
of all fires which occur in the City to the Standing Committee.
1
This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 197

CHAPTER XVIII.
SANITARY PROVISIONS.
Scavenging and Cleansing.
290. For the purpose of securing the efficient scavenging and cleansing Commissioner
to provide for
of all streets and premises, the Commissioner shall take measures for cleansing of
streets and
securing,— removal of
refuse.
(a) the daily surface-cleansing of all streets in the City and removal
of the sweeping therefrom ;
(b) the removal of the contents of all receptacles and depots and of
the accumulations at all places provided or appointed by him under the
provisions of this Act for the temporary deposit of dust, ashes, refuse,
rubbish, trade refuse, carcasses of dead animals and excrementitious and
polluted matter.
291. All matters deposited in public receptacles, depots and places Refuse, etc., to
be the property
provided or appointed under section 292 and all matters collected by of the
Corporation.
municipal servants or contractors in pursuance of sections 290 and 293 shall
be the property of the Corporation.
292. The Commissioner shall provide or appoint in proper and Provision and
appointment of
convenient situations public receptacles, depots and places for the temporary receptacles,
depots and
deposit or final disposal of,— places for
refuse, etc.
(a) dust, ashes, refuse and rubbish ;
(b) trade refuse ;
(c) carcasses of dead animals ;
(d) excrementitious and polluted matter :
Provided that the said matters shall not be finally disposed of in any
place or manner in which the same have not heretofore been so disposed
of, without the sanction of the Corporation or in any place or manner
which the 1[State] Government thinks fit to disallow.
293. When the Commissioner has given public notice, under clause Provision may
be made by
(a) of sub-section (1) of section 131, of his intention to provide, in a certain Commissioner
for collection
portion of the City, for the collection, removal, and disposal, by municipal etc., of
excrementitious
agency, of all excrementitious and polluted matter from privies, urinals and polluted
and cesspools, it shall be lawful for the Commissioner to take measures for matter.

the daily collection, removal and disposal of such matter from all premises
situated in the said portion of the City.
294. (1) The Commissioner shall make such special arrangements, Special
sanitary
whether permanent or temporary, as he considers adequate for maintaining arrangements
at certain
sanitation in the vicinity of any temple, math, mosque, tomb or any place of place.
religious worship or instruction to which large number of persons resort on
particular occasions or in any place which is used for holding fairs or
festivals.
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
H 610-28a
198 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The Commissioner may require any person having control over any
such place as aforesaid to pay to the Corporation such contribution towards
the cost of the special measures taken under sub-section (1) as the
Corporation may from time to time fix.
Scavengers’ 295. In any portion of the City in which the Commissioner has given
duties in
certain cases a public notice under clause (a) of sub-section (1) of section 131 and in any
may not be
discharged by premises, wherever situate, in which there is a water-closet or privy
private connected with a municipal drain, it shall not be lawful, except with the
individuals
without written permission of the Commissioner, for any person who is not employed
Commi-
ssioner’s by or on behalf of the Commissioner to discharge any of the duties of
permission.
scavengers.

Inspection and Sanitary Regulation of Premises.

Power to 296. The Commissioner may inspect any building or other premises
inspect
premises for for the purpose of ascertaining the sanitary condition thereof.
sanitary
purposes.

Cleansing and 297. If it shall appear to the Commissioner necessary for sanitary
lime-washing
of any reasons so to do, he may, by written notice, require the owner or occupier of
building may
be required. any building so inspected, to cause the same or some portion thereof to be
lime-washed or otherwise cleansed, either externally or internally, or both
externally and internally.
Buildings or 298. (1) If, for any reason, it shall appear to the Commissioner that
rooms in
buildings any building or any room in a building intended for or used as a dwelling is
unfit for
human unfit for human habitation, he shall give to the owner or occupier of such
habitation. building notice in writing stating such reason and signifying his intention
to prohibit the further use of the building or room, as the case may be, as a
dwelling and shall by such notice call upon the owner or occupier aforesaid
to state in writing any objection thereto within thirty days after the receipt
of such notice, and if no objection is raised by such owner or occupier within
such period as aforesaid, or if any objection which is raised by such owner
or occupier within such period appears to the Commissioner invalid or
insufficient, he may, with the previous approval of the Standing Committee,
by order in writing, prohibit the further use of such building or room as a
dwelling :
Provided that, before such approval is given, the owner or occupier
aforesaid shall have the right of appearing before the Standing Committee
in person or by agent and of showing cause why such approval should not be
given.
(2) When any such prohibition as aforesaid has been made, the
Commissioner shall cause notice of such prohibition to be affixed to, and
the letters “U. H. H.” to be painted on the door or some conspicuous part of,
such building or room, as the case may be, and no owner or occupier of such
1949 : LIX] Maharashtra Municipal Corporations Act 199

building or room shall use or suffer the same to be used for human habitation
until the Commissioner certifies in writing that the building or room, as
the case may be, has been rendered fit for human habitation.
(3) The Commissioner shall in each such case give written instructions
to the owner or occupier as to what modifications or alterations are required
to be made for rendering such building or room fit for human habitation.
(4) The Commissioner may cause any person who uses any building or
room in contravention of sub-section (2) to be removed from such building
or room by any police officer.
(5) Where the Commissioner has prohibited the further use of a building
or room, as the case may be, as a dwelling the owner of such building shall,
so far as may be necessary to prevent nuisance, keep the building or room
clean and wholesome.
(6) The provisions of sub-sections (6) and (7) of section 268 shall apply
on the issue by the Commissioner of a certificate that the building or room,
as the case may be, has been rendered fit for habitation as if such certificate
were the withdrawal of notice issued under sub-section (2) of the said section.
299. (1) If it shall appear to the Commissioner that any building Power to
require repair
intended for or used as a dwelling is in any respect unfit for human habitation of insanitary
and does not conform with the regulations the Commissioner may, by written buildings.

notice, require the owner of the building, within such reasonable time, not
being less than twenty-one days, as may be specified in the notice, to execute
such works or carry out such alterations as would render the building fit
for human habitation.
(2) In addition to serving a notice under this section on the owner of
the building the Commissioner may serve a copy of the notice on any other
person having an interest in the building or in the land on which such
building has been erected, whether as mortgagee, lessee, or otherwise.
300. (1) If it shall appear to the Commissioner that any building Power to order
demolition of
intended for or used as a dwelling is unfit for human habitation and is not insanitory
capable at a reasonable expense of being rendered so fit, he shall serve buildings.

upon the occupier of the building and the owner thereof, and, so far as it is
reasonably practicable to ascertain such persons, upon any person having
interest in such building notice of the time (being some time not less than
twenty-one days after the service of the notice) and place at which the
condition of the building and any offer with respect to the carrying out of
works, or the future use of the building, which he may wish to submit, will
be considered by the Standing Committee, and every person upon whom
such a notice is served shall be entitled to be heard either in person or by
agent when the matter is so taken into consideration.
(2) A person upon whom notice is served under sub-section (2) shall, if
he intends to submit an offer with respect to the carrying out of works,
within twenty-one days from the date of the service of the notice upon him,
200 Maharashtra Municipal Corporations Act [1949 : LIX

serve upon the Commissioner notice in writing of his intention to make

such an offer and shall, within such reasonable period as the Commissioner
may allow, submit to him a list of the works which he offers to carry out.
(3) The Commissioner may, with the previous approval of the Standing
Committee, accept from any owner or any other person interested an
undertaking in writing either that he will within a specified period carry
out such works as will in the opinion of the Commissioner render the
building fit for human habitation, or that it shall not be used for human
habitation until the Commissioner, on being satisfied that it has been
rendered fit for that purpose and with the previous approval of .the Standing
Committee, cancels the undertaking.

(4) If no such undertaking as is mentioned in sub-section (3) is accepted

by the Commissioner, or if, in a case where the Commissioner has accepted
such an undertaking, any work to which the undertaking relates is not
carried out within the specified period, or the building is at any time used
in contravention of the terms of the undertaking, the Commissioner may,
with the previous approval of the Standing Committee, make a demolition
order requiring that the building shall be vacated within a period to be
specified in the order, not being less than twenty-eight days from the date
on which the order becomes operative, and that it shall be demolished within
six weeks after the expiration of that period, or if the building is not vacated
before the expiration of that period, within six weeks after the date on which
it is vacated, or in either case within such longer period as in the
circumsatnces the Commissioner deems it reasonable to specify, and shall
serve a copy of the order upon every person upon whom the Commissioner
would be required by sub-section (1) to serve a notice issued by him under
that sub-section.

(5) In determining for the purpose of this section whether a building

can be rendered fit for human habitation at a reasonable expense, regard
shall be had to the estimated cost of the works necessary to render it so fit
and the value which it is estimated that the building will have when the
works are completed.
Procedure 301. (1) When a demolition order under section 300 has become
where
demolition operative, the owner of the building to which it applies shall demolish the
order made. building within the time limited in that behalf by the order; and, if the
building is not demolished within that time, the Commissioner shall take
measures to demolish the building and sell the materials thereof.
(2) Any expenses incurred by the Commissioner under sub-section (1),
after giving credit for the amount realised by sale of the materials, shall be
payable by the owner of the building, and any surplus in the hands of the
Commissioner after payment of such expenses shall be paid by the
Commissioner to the owner of the building, or if there are more than one
owner, shall be paid in such proportion as the Commissioner may decide.

(3) Any person aggrieved by the decision of the Commissioner under

sub-section (2) may, within a period of one month, appeal to the Judge.
1949 : LIX] Maharashtra Municipal Corporations Act 201

302. Where in pursuance of a notice under sub-section (1) of section Building

rendered fit not
299 any building has been rendered fit for human habitation by the execution to be deemed
unfit for ten
of works and alterations to the satisfaction of the Commissioner, such years if not
conforming to
building during a period of ten years from the date of completion of such regulations
works and altertions shall not be deemed to be unfit for human habitation made sub-
sequently.
by reason only of not conforming with any regulation made subsequently to
such date affecting the structure of such building.

303. (1) The Commissioner may serve upon the owner of a building Power to order
demolition of
which appears to him to be an obstructive building notice of the time (being obstructive
buildings.
some time not less than twenty-one days after the service of the notice) and
place at which the question of ordering the building or any part thereof to
be demolished will be considered by the Standing Committee, and the owner
shall be entitled to be heard either in person or by agent when the matter is
so taken into consideration.

(2) If, after so taking the matter into consideration, the Standing
Committee resolves that the building is an obstructive building and that
the building or any part thereof ought to be demolished, the Commissioner
may make a demolition order requiring that the building or that part thereof
shall be demolished, and that the building, or such part thereof as is required
to be vacated for the purposes of the demolition, shall be vacated within
two months from the date on which the order becomes operative, and if he
does so, shall serve a copy of the order upon the owner of the building.

(3) In this section the expression " obstructive building " means a
building which, although not in itself unfit for human habitation, is so situate
that by reason of its proximity to or contact with any other buildings it—

(a) stops or impedes ventilation or otherwise makes or conduces to

make such other buildings to be in a condition unfit for human habitation
or dangerous or injurious to health; or

(b) prevents proper measures from being carried into effect for
remedying any nuisance injurious to health or other evils complained of
in respect of such other buildings.

304. (1) If, before the expiration of the period within which a building Effect of order
for demolition
or part thereof in respect of which an order is made under section 303 is of obstructive
building.
thereby required to be vacated, any owner or any person known to have an
interest in such building or the site of the building makes to the
Commissioner an offer for the sale of the building site or any interest therein
to the Corporation at a price equal to the compensation to be assessed as
provided in sub-section (6), the Commissioner shall, upon obtaining the
requisite sanction under section 77 accept the offer and shall, as soon as
possible after obtaining possession, carry out the demolition.
202 Maharashtra Municipal Corporations Act [1949 : LIX

(2) Upon payment of the price mentioned in sub-section (1) the said
building and the site thereof to the extent of the interest acquired shall
vest in the Corporation.

(3) If no such offer as is mentioned in sub-section (1) is made before the

expiration of the said period, the owner of the building shall carry out the
demolition provided for by the order before the expiration of six weeks
from the last day of that period, or, if the building, or such part thereof as is
required to be vacated, is not vacated until after that day, before the
expiration of six weeks from the day on which it is vacated, or, in either
case, before the expiration of such longer period as in the circumstances
the Commissioner deems reasonable, and if the demolition is not so carried
out the Commissioner shall take measures to carry out the demolition and
sell the materials rendered available thereby.

(4) When any obstructive building or any part thereof is demolished

either by the owner or by the Commissioner as provided for in
sub-section (3), the Commissioner may at once take possession on behalf of
the Corporation of the land occupied by and appurtenant to the said building
or part thereof, and shall pay compensation as provided in sub-section (6).

(5) The provisions of sub-sections (2) and (3) of section 301 shall apply
in relation to any expenses incurred by the Commissioner under sub-section
(3) and to any surplus remaining in the hands of the Commissioner as they
apply in relation to any expenses or surplus in a case where a building is
demolished in pursuance of a demolition order made under section 300.

(6) The Compensation payable by the Commissioner for the building

and the site thereof upon any sale effected under sub-section (1) and the
compensation payable by the Commissioner under sub-section (4), shall be
the market value of the land and the building demolished, at the date of the
demolition order made under sub-section (2) of section 303.
Compensation 305. (1) When a demolition order in respect of an obstructive building
for acquiring
obstructive or any part thereof has been made under section 303, the Commissioner
building
recoverable in may specify and declare to the Standing Committee the other buildings for
certain cases
as the benefit of which the obstructive building or part thereof is intended to
improvement be demolished and shall serve a notice to that effect upon the owner of each
expenses.
of such other buildings.

(2) If in the opinion of the Commissioner the demolition of the

obstructive building or part thereof adds to the value of the premises for
the benefit of which the obstructive building has been demolished, the
Commissioner shall determine the amount of increase in value, and shall
with the approval of the Standing Committe apportion so much of the
compensation to be made for the acquisition of the whole or part of the
obstructive building including the site thereof as may be equal to the increase
in value of the said premises amongst them.
1949 : LIX] Maharashtra Municipal Corporations Act 203

(3) For the purpose of sub-section (2) the Commissioner shall have the
like powers as are conferred on him by or under this Act for the purpose of
determining the rateable value of a building or land and every person
required to make or deliver a statement under this sub-section shall be
deemed to be legally bound to do so within the meaning of sections 175 and
XLV of 176 of the Indian Penal Code.
1860.

(4) The Commissioner may declare the sum apportioned to each of the
premises in respect of its increase in value to be improvement expenses
incurred for the benefit of such premises and the same shall thereupon be a
charge upon such premises and shall be recoverable in the same manner as
expenses declared to be improvement expenses under section 442.
(5) An appeal shall lie within a period of one month to the Judge against
an order of the Commissioner under sub-section (4).
306. Any person aggrieved by a demolition order made under section Appeal against
demolition
300 or section 303 may, within twenty-one days after the date of the service orders.
of a copy of the order, appeal to the Judge, and no proceedings shall be
taken by the Commissioner to enforce any order in relation to which an
appeal is brought before the appeal is finally determined :
Provided that no appeal shall lie at the instance of a person who is in
occupation of the premises to which the; order relates under a lease or
agreement of which the unexpired term does not exceed three years.

307. (1) Where it appears to the Commissioner, whether from any Over-crowded
dwellings.
certificate furnished under the rules or otherwise, that any building or any
room therein used for human habitation is overcrowded, he may apply to
1
[the District Magistrate] to prevent such overcrowding, and the said
Magistrate, after such inquiry as he thinks fit to make, may prescribe the
maximum number of persons to be accommodated in each room and may, by
written order, require the owner of the building, within a reasonable time
not exceeding ten days to be prescribed in the said order, to abate the
overcrowding thereof, by reducing the number of lodgers, tenants, or other
inmates of the said building or room or rooms, in accordance with the
maximum so prescribed and to the satisfaction of the Commissioner or may
pass such other order as he may deem just and proper.
Explanation.—The landlord of the lodgers, tenants or other actual
inmates of a building shall, for the purposes of this sub-section, be deemed
to be the owner of the said building.
(2) Notwithstanding any provision to the contrary in any other law or
in any contract, every tenant, lodger or other inmate of the said building or
room shall vacate on being required by the owner so to do in pursuance of
any order under sub-section (1).

1.
These words were substituted for the words “a Magistrate of the First Class” by Bom. 8 of
1954, s. 2, Schedule—Part III.
H 610-29
204 Maharashtra Municipal Corporations Act [1949 : LIX

(3) The 1[State] Government may from time to time after consulting the
Corporation direct by order in the Official Gazette what shall constitute
overcrowding for the purposes of this section, and may in such order specify
the minimum space to be allowed for each person according to age in
premises used exclusively as a dwelling and in premises used as a dwelling
as well as for some other purpose.
Insanitary 308. If the Commissioner is of opinion that any hut or shed used either
huts and
sheds. as a dwelling or as a stable or for any other purpose, is likely, by reason of
its being built without a plinth or upon a plinth of insufficient height or
without proper means of drainage or ventilation, or on account of the
impracticability of scavenging or owing to the manner in which it and other
huts or sheds are crowded together, to cause risk of disease to the inmates
thereof or to the inhabitants of the neighbourhood, or is for any reason likely
to endanger the public health or safety, he may, by written notice, which
shall be affixed to some conspicuous part of such hut or shed, require the
owner or occupier thereof, or the owner of the land on which such hut or
shed stands, to remove or alter such hut or shed or to take such order for
the improvement thereof as the Commissioner shall deem necessary.
Disposal of carcasses of animals.
Removal of 309. (1) It shall be the duty of the Commissioner to provide for the
carecasses of
dead animals. removal of the carcasses of all animals dying within the City.
(2) The occupier of any premises in or upon which any animal shall die
or in or upon which the carcass of any animal shall be found, and the person
having the charge of any animal which dies in the street or in any open
place, shall, within three hours after the death of such animal or, if the
death occurs at night, within three hours after sunrise, report the death of
such animal at the nearest office of the municipal health department.
(3) For every carcass removed by municipal agency, a fee for the removal
of such amount as shall be fixed by the Commissioner shall be paid by the
owner of the animal or, if the owner is not known, by the occupier of the
premises in or upon which, or by the person in whose charge, the said animal
died.
Regulation of Public Bathing, Washing, etc.
Places for 310. (1) The Commissioner may from time to time,—
public
bathing, etc., (a) set apart portions of a river or other suitable places vesting in
to be fixed by
Commissioner, the Corporation for use by the public for bathing or for washing animals,
and
regulation of or for washing or for drying clothes ;
use of such
places. (b) specify the times at which and the sex of persons by whom, such
places may be used ;
(c) prohibit, by public notice, the use by the public for any of the said
purposes of any place not so set apart ;
1.
This word was substituted for the word “Provincial” by Adaptation of Laws
Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 205

(d) prohibit by public notice the use by the public of any portion of a
river or place not vesting in the Corporation for any of the said purposes ;

(e) regulate by public notice the use by the public of any portion of a
river or other place vesting in the Corporation and set apart by him for
any of the said purposes ; and

(f) regulate by public notice the use by the public of any portion of a
river or other place not vesting in the Corporation for any of the said
purposes, and of any work, and of the water in any work, assigned and set
apart under this Act for any particular purpose.
(2) The Commissioner may charge such fees as the Standing Committee
may fix for the use of any place set apart under clause (a) of sub-section (1)
by any specified class or classes of persons or by the public generally.
311. Except as permitted by any order made under any provision of Prohibition of
bathing, etc.,
this Act, no person shall,— contrary to
order.
(a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct,
standpipe, stream or well or on any part of a river or other place vesting
in the Corporation ;

(b) wash or cause to be washed in or near any such place or work,

any animal, clothes or other article ;

(c) throw, put or cause to enter into the water in any such place or
work, any animal or other thing ;
(d) cause or suffer to drain into or upon any such place or work, or to
be brought thereinto or thereupon, anything, or do anything, whereby
the water shall be in any degree fouled or corrupted ;
(e) dry clothes in or upon any such place ; and

no person shall—

(f) in contravention of any prohibition made by the Commissioner

under section 310 use any portion of a river or any place not vesting in
the Corporation for any purpose mentioned in the said section ;

(g) contravene the provisions of any notice given by the Commissioner

under section 310 for the use of any such portion of a river or place for
any such purpose.

312. No person shall,— Prohibition of

corruption of
water by
(a) steep in any tank, reservoir, stream, well or ditch, any animal, steeping
vegetable or mineral matter likely to render the water thereof offensive therein animal
or other matter,
or dangerous to health ; etc.

(b) whilst suffering from any contagious, infectious or loathsome

disease, bathe on, in or near any bathing-platform, lake, tank, reservoir,
fountain, cistern, duct, standpipe, stream or well.
H 610-29a
206 Maharashtra Municipal Corporations Act [1949 : LIX

Regulations of Factories, Trades, etc.

Factory, etc. 313. No person shall,—
not to be
newly (i) newly establish in any premises,
established
without
permission of (ii) remove from one place to another,
Comm-
issioner. (iii) re-open or renew after discontinuance for a period of not less
than three years, or
(iv) enlarge or extend the area or dimensions of,
any factory, workshop or workplace in which it is intended to employ
steam, water, electrical or other mechanical power or any bakery except
with the previous written permission of the Commissioner nor shall any
person work or allow to be worked any such factory, workshop, workplace
or bakery without such permission :
Provided that for the purpose of clause (iii) no such permission shall be
required if during the period of discontinuance the machinery has not been
removed from the place where the factory, workshop or bakery was
originally established.
[Provided further that, no such permission shall be required in respect
1

of the factories, workshop or workplace in the area, notified by the

Maharashtra Industrial Development Corporation, within the jurisdiction
of the Municipal Corporation.]
Prohibition of 314. No person engaged in any trade or manufacture specified in
corruption of
water by section 376 or the rules shall,—
chemicals, etc.
(a) wilfully cause or suffer to be brought or to flow into any lake,
tank, reservoir, cistern, well, duct or other place for water belonging to
the Corporation or into any drain or pipe communicating therewith, any
washing or other substance produced in the course of any such trade or
manufacture as aforesaid ;
(b) wilfully do any act connected with any such trade or manufacture
as aforesaid, whereby the water in any such lake, tank, reservoir, cistern,
well, duct or other place for water is fouled or corrupted.
Prevention and checking spread of dangerous diseases.
Power of 315. In the event of any person being found to have been attacked
Comm-
issioner, with a dangerous disease or any person being found suffering with such
Medical disease in any place or vehicle it shall be lawful for the Commissioner or
Officer of
Health, etc., the Medical Officer of Health or any other municipal officer to take such
in case of measures as are prescribed by rules.
dangerous
diseases.

Any place 316. The Commissioner may at any time, by day or by night, without
may at any
time be notice or after giving such notice of his intention as shall, in the
inspected for circumstances, appear to him to be reasonable, inspect any place in which
purpose of
preventing any dangerous disease is reputed or suspected to exist, and take such
spread of
dangerous measures as he shall think fit to prevent the spread of the said disease
disease. beyond such place.
1
This proviso was added by Mah. 18 of 2015, s.2.
1949 : LIX] Maharashtra Municipal Corporations Act 207

317. If the Commissioner is of opinion that the destruction of any hut Destruction of
huts and sheds
or shed is necessary to prevent the spread of any dangerous disease, he when
necessary.
may, after giving to the owner or occupier of such hut or shed such previous
notice of his intention as may in the circumstances of the case appear to
him reasonable, take measures for having such hut or shed and all the
materials thereof destroyed.
318. The Commissioner may on being satisfied that it is in the public Closure of
lodging and
interest so to do, by written order direct that any lodging house or any eating houses.
place where articles of food and drink are sold or prepared, stored or exposed
for sale, being a lodging house or place in which a case of a dangerous disease
exists or has recently occurred, shall be closed for such period as may be
specified in the order :
Provided that such lodging house or place may be declared to be open
if the Medical Officer of Health certifies that it has been disinfected or is
free from infection.

Special Sanitary Measures.

319. (1) In the event of the City being at any time visited or threatened Commissioner
may take
with an outbreak of any dangerous disease, or in the event of any infectious special
disease breaking out or being likely to be introduced into the City amongst measures on
outbreak of any
cattle including under this expression sheep and goats, the Commissioner, dangerous
disease.
if he thinks the ordinary provisions of this Act and the rules or of any other
law at the time in force are insufficient for the purpose, may, with the sanction
of the 1[State] Government,—
(a) take such special measures, and
(b) by public notice prescribe such temporary orders to be observed
by the public or by any person or class of persons,
as are specified in the rules and as he shall deem necessary to prevent
the outbreak of such disease or the spread thereof.
(2) The Commissioner shall forthwith report to the Corporation any
measures taken and any orders made by him under sub-section (1).

Disposal of the Dead.

320. (1) Every owner or person having the control of any place already Places for
disposal of the
used for burying, burning or otherwise disposing of the dead, shall apply to dead to be
the Commissioner within a period of six months from the appointed day to registered.

register the same and the Commissioner shall cause the same to be
registered.
(2) Such application shall be accompanied by a plan, bearing the
signature of a licensed surveyor in token of its having been prepared by or
under the supervision of such surveyor, of the place to be registered, showing
the locality, boundaries and extent of the same. The application shall also
contain information as regards the name of the owner or person or
community interested therein, the system of management and such further
particulars as the Commissioner may require.
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
208 Maharashtra Municipal Corporations Act [1949 : LIX

(3) The Commissioner may, on receipt of such application and plan,

register the said place in a register which shall be kept for this purpose.
(4) The Commissioner shall cause to be deposited in the municipal office
at the time of registration the plan referred to in sub-section (2).
(5) If the Commissioner is not satisfied with the plan or statement or
particulars, he may refuse or postpone registration, until his objections have
been removed.
(6) Every place vesting in the Corporation used for burying, burning
or otherwise disposing of the dead shall be registered in the register kept
under sub-section (3), and a plan showing the locality, extent and boundaries
thereof and bearing the signature of the City Engineer shall be deposited in
the municipal office.
Provision of 321. (1) If the existing places for the disposal of the dead shall at any
new places for
disposal of time appear to be insufficient, or if any place is closed under the provisions
the dead.
of section 323, the Commissioner shall, with the sanction of the Corporation,
provide other fit and convenient places for the said purpose, either within
or without the City, and shall cause the same to be registered in the register
kept under section 320, and shall deposit in the municipal office, at the
time of registration of each place so provided, a plan thereof showing the
locality, extent and boundaries of the same and bearing the signature of the
City Engineer.
(2) All the provisions of this Act and the rules and by-laws shall apply
to any place provided under sub-section (1) without the City and vesting in
the Corporation as if such place were situate within the City.
New places 322. No place which has never previously been lawfully use as a place
for disposal of
the dead not for the disposal of the dead and registered as such shall be opened by any
to be opened
without person for the said purpose without the written permission of the
permission of
Comm- Commissioner who, with the approval of the Corporation, may grant or
issioner. withhold such permission.
1
[State] 323. (1) If, from information furnished by competent persons and after
Government
may direct personal inspection, the Commissioner shall at any time be of opinion,—
closing of any
place for (a) that any place of public worship is or is likely to become injurious
disposal of
dead. to health by reason of the state of the vaults or graves within the walls of
or underneath the same, or in any church-yard or burial- ground adjacent
thereto, or
(b) that any other place used for the disposal of the dead is in such a
state as to be or to be likely to become injurious to health or is otherwise
no longer suitable for such use, he may submit his said opinion, with the
reasons therefor, to the Corporation, which shall forward the same with
its opinion, for the consideration of the 2 [State] Government.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 209

(2) Upon receipt of such opinion, the 1[State] Government, after such
further inquiry, if any, as it shall deem fit to cause to be made, may, by
notification published in the Official Gazette and in the local newspapers,
direct that such place of public worship or other place for the disposal of
the dead be no longer used for the disposal of the dead. Every order so
made shall be noted in the register kept under section 320.
(3) On the expiration of two months from the date of any such order of
the [State] Government, the place to which the same relates shall be closed
1

for the disposal of the dead.

(4) A copy of the said notification, with a translation thereof in such
language or languages as the Corporation may from time to time specify,
shall be affixed on a conspicuous spot on or near the place to which the
same relates, unless such place be a place of public worship.
324. (1) If, after personal inspection, the Commissioner shall at any 1
[State]
Government
time be of opinion that any place formerly used for the disposal of the dead, may sanction
which has been closed under the provisions of section 323 or under any re-opening of
places which
other law or authority, has by lapse of time become no longer injurious to have been
closed for
health, and may without inconvenience or risk of danger be again used for disposal of
the said purpose, he may submit his said opinion, with the reasons therefor, dead.
to the Corporation, which shall forward the same with its opinion for the
consideration of the 1[State] Government.
(2) Upon receipt of such opinion, the 1[State] Government after such
further inquiry, if any, as it shall deem fit to cause to be made, may, by
notification published as provided in section 323, direct that such place be
reopened for the disposal of the dead. Every order so made shall be noted
in the register kept under section 320.
325. (1) No person shall, without the written permission of the Burials within
places of
Commissioner under sub-section (2),— worship and
exhumations
(a) make any vault or grave or interment within any wall, or not to be made
without
underneath any passage, porch, portico, plinth or verandah of any place permission of
of worship ; Commissioner.

(b) make any interment or otherwise dispose of any corpse in any

place which is closed for the disposal of the dead under section 323 ;
(c) build, dig or cause to be built or dug any grave, or vault, or in any
way dispose of, or suffer or permit to be disposed of, any corpse at any
place which is not registered in the register kept under section 320 ;
(d) exhume any body, except under the provisions of section 176 of
V of the Code of Criminal Procedure, 1898, *or of any other law for the time
1898.
being in force, from any place for the disposal of the dead.
(2) The Commissioner may in special cases grant permission for any of
the purposes aforesaid, subject to such general or special orders as the
1
[State] Government may from time to time make in this behalf.
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
*
See now the Code of Criminal Procedure, 1973 (2 of 1974).
210 Maharashtra Municipal Corporations Act [1949 : LIX

Acts 326. No person shall,—

prohibited in
connection
with disposal (a) retain a corpse on any premises, without burning, burying or
of dead.
otherwise lawfully disposing of the same, for so long a time after death as
to create a nuisance ;

(b) carry a corpse or part of a corpse along any street without having
and keeping the same decently covered or without taking such precautions
to prevent risk of infection or injury to the public health as the
Commissioner may, by public notice, from time to time think fit to
require ;

(c) except when no other route is available, carry a corpse or part of

a corpse along any street along which the carrying of corpses is prohibited
by a public notice issued by the Commissioner in this behalf;

(d) remove a corpse or part of a corpse, which has been kept or used
for purposes of dissection, otherwise than in a closed receptacle or
vehicle ;

(e) whilst conveying a corpse or part of a corpse, place or leave the

same on or near any street without urgent necessity ;

(f) bury or caused to be buried any corpse or part of a corpse in a

grave or vault or otherwise in such manner as that the surface of the
coffin, or, when no coffin is used, of the corpse or part of a corpse shall be
at a less depth than six feet from the surface of the ground ;

(g) build or dig, or cause to be built or dug, any grave or vault in any
burial ground at a less distance than two feet from the margin of any
other grave or vault;

(h) build or dig, or cause to be built or dug, a grave or vault in any

burial ground in any line not marked out for this purpose by or under the
order of the Commissioner ;

(i) without the written permission of the Commissioner, re-open for

the interment of a corpse or of any part of a corpse, a grave or vault already
occupied ;

(j) after bringing or causing to be brought to a burning-ground any

corpse or part of a corpse, fail to burn or cause the same to be burnt
within six hours from the time of the arrival thereof at such ground ;

(k) when burning or causing to be burnt any corpse, or part of a corpse,

permit the same or any portion thereof to remain without being completely
reduced to ashes or permit any cloth or other article used for the
conveyance or burning of such corpse or part of a corpse to be removed or
to remain on or near the place of burning without its being completely
reduced to ashes.
1949 : LIX] Maharashtra Municipal Corporations Act 211

CHAPTER XIX.
MARKETS AND SLAUGHTER HOUSES.
Maintenance and Regulation of Markets and Slaughter-houses.
327. All markets and slaughter-houses which belong to or are What to be
deemed
maintained by the Corporation shall be called “municipal markets” or municipal
markets and
“municipal slaughter- houses”. All other markets and slaughter-houses shall slaughter-
houses.
be deemed to be private.
328. (1) The Commissioner, when authorised by the Corporation in Provisions of
new municipal
this behalf, may construct, purchase, take on lease or otherwise acquire any markets and
slaughter-
building or land for the purpose of establishing a municipal market or a houses.
municipal slaughter-house or stock-yard or of extending or improving any
existing municipal market or slaughter-house, and may from time to time
build and maintain such municipal markets, slaughter-houses and stock-
yards and such stalls, shops, sheds, pens and other buildings or conveniences
for the use of the persons carrying on trade or business in, or frequenting,
such municipal markets, slaughter-houses or stock yards, and provide and
maintain in such municipal markets such buildings, places, machines,
weights, scales and measures for weighing and measuring goods sold therein
as he shall think fit.
(2) Municipal slaughter-houses and stock-yards may be situated within
or, with the sanction of the 1[State] Government, without the City.
329. The Commissioner may, with the sanction of the Corporation, at Municipal
markets,
any time, close any municipal market or slaughter-house or stock- yard or slaughter-
houses and
any portion thereof, and the premises occupied for any market or slaughter- stock-yards
may be closed.
house or stock-yard or any portion thereof so closed may be disposed of as
the property of the Corporation.
330. (1) It shall be lawful for the Commissioner, with the previous Prohibition of
sale of
sanction of the Corporation, by public notice from time to time to prohibit commodities
sold in
within a distance of fifty yards of any municipal market the sale or exposure municipal
markets.
for sale of the commodities or of any of the commodities specified in the
notice ordinarily sold in the said municipal market.
(2) Any notice issued under sub-section (1) may with like sanction at
any time be cancelled or modified by the Commissioner.
331. (1) The Corporation shall from time to time determine whether Opening of
private
the establishment of new private markets or the establishment or markets and of
private
maintenance of private slaughter-houses shall be permitted in the City or slaughter-
houses.
in any specified portion of the City.
(2) No person shall establish a private market for the sale of, or for the
purpose of exposing for sale, animals intended for human food, or any article
of human food or live-stock or articles of food or live-stock or shall establish
or maintain a private slaughter-house except with the sanction of the
Commissioner who shall be guided in giving such sanction by the decisions
of the Corporation at the time in force under sub-section (1).
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
H 610-30
212 Maharashtra Municipal Corporations Act [1949 : LIX

(3) When the establishment of a private market or a slaughter-house

has been so sanctioned, the Commissioner shall cause a notice of such
sanction to be affixed in such language or languages as the Corporation may
from time to time specify on some conspicuous spot on or near the building
or place where such market is to be held.

Explanation.—For the purpose of sub-section (2) the owner or occupier

of a place in which a private market or slaughter-house is established shall
be deemed to have established such market.
Lavy of 332. The Commissioner may,—
stallages,
rents and fees
in municipal (a) charge for the occupation or use of any stall, shop, standing, shed
markets, or pen or other building in a municipal market, slaughter-house or stock-
slaughter-
houses and yard and for the right to expose goods for sale in a municipal market, and
stock-yards.
for weighing and measuring goods sold in any such market and for the
right to slaughter animals in any municipal slaughter-house, such stallages,
rents and fees as shall from time to time be fixed by him, with the approval
of the Standing Committee, in this behalf;

(b) with the approval of the Standing Committee, farm the stallages,
rents and fees leviable as aforesaid or any portion thereof, for any period
not exceeding one year at a time; or

(c) put up to public auction, or, with the approval of the Standing
Committee, dispose of, by private sale, the privilege of occupying or using
any stall, shop, standing, shed or pen or other building in a municipal
market, slaughter-house or stock-yard for such term and on such
conditions as he shall think fit.
Removal of 333. (1) No person shall, without the written permission of the
live cattle,
sheep, goats Commissioner and without the payment of such fees as may be prescribed
or swine from
any municipal by him, remove any live cattle, sheep, goats or swine from any municipal
slaughter- slaughter-house or stock-yard or from any municipal market or premises
house, stock-
yard, market used or intended to be used for or in connection with such slaughter- house
or premises.
or stock-yard:
Provided that such permission shall not be required for the removal of
any animal which has not been sold within such slaughter-house, stock-
yard, market or premises and which has not been within such slaughter-
house, stock-yard, market or premises for a period longer than that
prescribed under orders made by the Commissioner in this behalf, or which
has in accordance with any bye-law, been rejected as unfit for slaughter at
such slaughter-house, market or premises.

(2) Any fee paid for permission under sub-section (1) in respect of any
animal removed to a Panjrapole shall, subject to the orders made by the
Commissioner in this behalf, be refunded on the production of a certificate
from the Panjrapole authorities that such animal has been received in their
charge.
1949 : LIX] Maharashtra Municipal Corporations Act 213

334. (1) The Commissioner may expel, from any municipal matket, Power to expel
persons
slaughter-house or stock-yard any person, who or whose servant has been contravening
convicted of contravening any rule, bye-law or standing order in force in rules, bye-laws
or standing
such market, slaughter-house or stock-yard and may prevent such person, orders.
by himself, or his servants, from further carrying on any trade or business
in such market, slaughter-house or stock-yard or occupying any stall, shop,
standing, shed, pen or other place therein, and may determine any lease or
tenure which such person may have in any such stall, shop, standing, shed,
pen or place.
(2) If the owner of any private market or slaughter-house licensed under
this Act or the lessee of such market or slaughter-house or any stall therein
or any agent or servant of such owner or lessee has been convicted for
contravention of any rule, bye-law or standing order, the Commissioner
may require such owner, lessee, agent or servant to remove himself from
any such market or slaughter-house within such time as may be mentioned
in the requisition and if he fails to comply with such requisition, he may in
addition to any penalty which may be imposed on him under this Act, be
summarily removed from such premises.
(3) If it appears to the Commissioner that in any such case the owner
or lessee is acting in collusion with a servant or agent convicted as aforesaid
who fails to comply with a requisition under sub-section (2) the Commissioner
may, if he thinks fit, cancel the licence of such owner or lessee in respect of
such premises.
335. (1) No person shall without the written premission of the Prohibition of
import of
Commissioner bring into the City any cattle, sheep, goats or swine intended cattle, etc., into
for human consumption, or the flesh of any such animal which has been City without
permission.
slaughtered at any slaughter-house or place not maintained or licensed under
this Act.
(2) Any police officer may arrest without warrant any person bringing
in to the city any animal or flesh in contravention of sub-section (1).
(3) Any animal brought into the City in contravention of this section
may be seized by the Commissioner or by any municipal officer or servant
or by any police officer or in or upon railway premises by any railway servant
and any animal or flesh so seized may be sold or otherwise disposed of as
the Commissioner shall direct and the proceeds, if any, shall belong to the
Corporation.
(4) Nothing in this section shall be deemed to apply to cured or
preserved meat.
Inspection of Places of Sales, etc.
336. (1) If the Commissioner shall have reason to believe that any Commi-
ssioner may
animal intended for human consumption has been or is being or is likely to enter any
place where
be slaughtered, or that the flesh of any such animal is being sold or exposed slaughter of
animals or
for sale, in any place or manner not duly authorised under the provisions of sale of flesh
contrary to
this Act, the Commissioner may at any time, by day or by night, without the
notice, enter such place for the purpose of satisfying himself as to whether provisions
of this Act
any provision of this Act or of any bye-law is being contravened thereat and is
suspected.
may sieze any such animal or the carcass of such animal or such flesh found
therein.
H 610-30a
214 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The Commissioner may remove and sell by auction or otherwise

dispose of any animal or the carcass of any animal or any flesh seized under
sub-section (1).

(3) If within one month of such seizure the owner of the animal, carcass
or flesh fails to appear and prove his claim to the satisfaction of the
Commissioner or if such owner is convicted of an offence under this Act in
respect of such animal or carcass or flesh the proceeds of any sale under
sub-section (1) shall vest in the Corporation.

(4) No claim shall lie against any person for compensation for any
damage necessarily caused by any entry made under sub-section (1) or by
the use of any force necessary for effecting such entry.
Commi- 337. It shall be the duty of the Commissioner to make provision for
ssioner to
provide for the constant and vigilant inspection of animals, carcasses, meat, poultry,
inspection of
articles game, flesh, fish, fruit, vegetables, corn, bread, flour, dairy produce and any
exposed for
sale for other article exposed or hawked about for sale or deposited in or brought to
human food. any place for the purpose of sale or of preparation for sale and intended for
human food or for medicine, the proof that the same was not exposed or
hawked about or deposited or brought for any such purpose or was not
intended for human food or for medicine resting with the party charged.
Unwholesome 338. (1) The Commissioner may at all reasonable times inspect and
articles, etc.,
to be seized. examine any such animal or article as aforesaid and any utensil or vessel
used for preparing, manufacturing or containing the same.

(2) If any such animal or article appears to the Commissioner to be

diseased or unsound or unwholesome or unfit for human consumption, as
the case may be, or is not what it is represented to be, or if any such utensil
or vessel is of such kind or in such state as to render any article prepared,
manufactured or contained therein unwholesome or unfit for human
consumption, he may seize and carry away such animal, article, utensil or
vessel, in order that the same may be dealt with as hereinafter provided
and he may arrest and take to the nearest police station any person in charge
of any such animal or article.
Disposal of 339. If any meat, fish, vegetable or other article of a perishable nature
perishable
articles seized be seized under section 338 and the same is, in the opinion of the
under section
338. Commissioner, diseased, unsound, unwholesome or unfit for human
consumption, as the case may be, the Commissioner shall cause the same to
be forthwith destroyed in such manner as to prevent its being again exposed
for sale or used for human consumption and the expenses thereof shall be
paid by the person in whose possession such article was at the time of its
seizure.
Saving of 340. Nothing in this Chapter shall be deemed to affect in any manner Bom.
Bombay LXXXI of
Animal the operation of the provisions of the Bombay Animal Preservation Act, 1948.
Preservation
Act, 1948. 1948.
1949 : LIX] Maharashtra Municipal Corporations Act 215

CHAPTER XX.
THE TRANSPORT UNDERTAKING.
The Operation of the Undertaking and the Construction and Maintenance
of Works.
341. The provisions of this Chapter shall apply in the event of Provisions of
this Chapter
Corporation acquiring or establishing a Transport Undertaking. when
applicable.

342. (1) Subject to the superintendence of the Transport Committee Management of

Undertaking by
and of the Corporation, the Transport Manager shall manage the Transport Transport
Undertaking and perform all acts necessary for the economical and efficient Manager.
maintenance, operation, administration and development of the
Undertaking.
(2) Without prejudice to the generality of the foregoing provision, the
Transport Manager may, with the sanction of the Transport Committee and
subject to the restrictions or conditions imposed by this Act, either within
or without the City—
(a) construct or acquire Transport Undertakings, including
mechanically propelled transport facilities for the conveyance of the
IV of public, subject to the provisions of the *Motor Vehicles Act, 1939, or of
1939.
any other enactment for the time being in force and the conditions of any
licence, permit or sanction in favour of the Corporation granted
thereunder;
(b) construct buildings and works of every description necessary or
desirable for the operation or development of the Transport Undertaking;
(c) purchase or take on lease or hire or otherwise acquire any movable
or immovable property or rights;
(d) exercise any of the powers of a licensee holding a stage permit
IV of under the *Motor Vehicles Act, 1939, which the Corporation is for the
1939.
time being authorised to exercise and any other powers exercisable by
the Corporation under the said Act in relation to the provision of
mechanically propelled transport facilities for the conveyance of the
public.
Fares and Charges.
343. (1) Fares and charges shall be leviable for the conveyance of Levy of fares
and charges for
passengers or for the carriage of goods by any means of transport provided transport
services.
by the Transport Undertaking at such rates as may from time to time be
fixed, subject to the provisions of any enactment for the time being in force
and any licence granted to the Corporation thereunder, by the Transport
Committee with the approval of the Corporation.
[(2) A printed list in Marathi or English of all the fares and charges levied
1

for the time being under this section shall be exhibited in a conspicuous
place inside each vehicle used by the Transport Undertaking for the
conveyance of the public.
*
See now the Motor Vehicles Act, 1988.
1
Sub-sections (2) to (6) were substituted for original sub-sections (2) and (3) by Mah. 27 of
1975, s. 5.
216 Maharashtra Municipal Corporations Act [1949 : LIX

(3) The fares and charges levied under this section shall be paid to
such persons, at such places upon or near the prescribed route of the
transport service, and in such manner, as the Transport Committee shall,
by notice to be annexed to the aforesaid list, appoint.

(4) If any person travelling or having travelled in any vehicle of the

Transport Undertaking avoids or attempts to avoid payment of his fare, or
any person having paid his fare for a certain distance knowingly and wilfully
proceeds in any such vehicle beyond that distance and does not pay the
additional fare for the additional distance or attempts to avoid payment
thereof, or any person knowingly and wilfully refuses or neglects, on arrival
at the point up to which he has paid his fare, to quit such vehicle, he shall,
on conviction, be punished with fine which may extend to 1[fifty rupees].
Such person shall (in addition to the ordinary single fare for the distance
which he has travelled or where there is any doubt as to the stop from
which he started, the ordinary single fare from the stop from which the
vehicle originally started or in addition to any difference between any fare
paid by him and the fare payable for the additional distance), be liable to
pay on demand of any officer or other servant of the Transport Undertaking
duly authorised in this behalf by the Transport Manager, an excess charge
of a sum not exceeding 1[fifty rupees] as the Transport Manager, with the
approval of the Transport Committee, may determine in this behalf.

(5) If a passenger liable to pay the excess charge determined under

the last preceding sub-section fails or refuses to pay the same on demand
being made therefor, the Transport Manager or any officer or other servant
duly authorised under that sub-section may apply to a Judicial Magistrate
for the recovery of the sum payable as if it were a fine, and that Magistrate,
if satisfied that the sum is payable, shall order it to be so recovered and, on
recovery, to be paid to the Transport Manager.

(6) It shall be lawful for every municipal servant appointed under this
Chapter and all persons called in by him for his assistance, to arrest and
take to the nearest police station any person who shall be discovered either
in or after committing or attempting to commit an offence under sub-section
(4) and whose name and address is not known and is refused by him, and
the police officer-in-charge of the said police station shall adopt such legal
measures as may be necessary to cause the said person to be taken before a
Judical Magistrate with the least possible delay].
Acquisition and Disposal of Property.
Acquisition of 344. (1) Whenever it is necessary or expedient for the purposes of
immovable
property. the Transport Undertaking that the Transport Manager shall acquire any
immovable property, such property may be acquired by the Transport
Manager on behalf of the Corporation by agreement on such terms and at
such rates or prices or at rates or prices not exceeding such maxima as shall
be approved by the Transport Committee either generally for any class of
cases or specially in any particular case.

1
These words were substituted for the words “ ten rupees ” by Mah. 20 of 1995,
s. 6.
1949 : LIX] Maharashtra Municipal Corporations Act 217

(2) Whenever the Transport Manager is unable to acquire any immovable

property under sub-section (1) by agreement, the 1[State] Government may,
in its discretion, upon the application of the Transport Manager made with
the approval of the Transport Committee and, subject to the other provisions
of this Act, order proceedings to be taken for acquiring the same on behalf
of the Corporation as if such property were land needed for a public purpose
I of within the meaning of the *Land Acquisition Act, 1894.
1894.
(3) The amount of compensation awarded and all other charges incurred
in the acquisition of any such property shall, subject to the other provisions
of this Act, be forthwith paid by the Transport Manager and thereupon the
said property shall vest in the Corporation for the purposes of the Transport
Undertaking.

345. With respect to the disposal of property vesting in the Corporation Provisions
governing
exclusively for the purposes of the Transport Undertaking the following disposal of
municipal
provisions shall have effect, namely :— property.

(a) the Transport Manager may dispose of by sale, hire or otherwise,

any movable property belonging to the Corporation not exceeding in value,
in each instance, two thousand rupees or such higher amount as the
Corporation may from time to time with the approval of the 1
[State]
Government determine ;

(b) the Transport Manager may grant a lease of any immovable

property belonging to the Corporation for any period not exceeding twelve
months at a time :

Provided that every lease granted by the Transport Manager (other

than a contract for a monthly tenancy) the annual rent whereof at a rack
rent exceeds three thousand rupees shall be reported by him, within
fifteen days after the same has been granted, to the Transport Committee ;

(c) with the sanction of the Transport Committee, the Transport

Manager may dispose of, by sale or otherwise, any movable property
belonging to the Corporation of which the value does not exceed ten
thousand rupees, and may grant a lease of any immovable property
belonging to the Corporation for any period exceeding one year, or sell or
grant a lease in perpetuity of any immovable property belonging to the
Corporation the value whereof does not exceed fifty thousand rupees or
the annual rental whereof does not exceed three thousand rupees;

(d) with the sanction of the Corporation, the Transport Manager may
lease, sell or otherwise convey any property, movable or immovable,
belonging to the Corporation.
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
*
Now see the Right to Fair Compensation and Transparency in Land Acquisition and
Resettlement Act, 2013 (30 of 2013).
218 Maharashtra Municipal Corporations Act [1949 : LIX

Officers and Servants.

Statement of 346. (1) The Transport Manager shall, from time to time, prepare and
permanent
officers and bring before the Transport Committee a statement setting forth the
servants to be
prepared by designations and grades of the officers and servants, who should, in his
Transport
Manager and opinion, be permanently maintained for the purpose of the Transport
sanctioned by
Transport Undertaking, and the amount and nature of the salaries, fees and allowances
Committee.
which he proposes should be paid to each.

(2) The Transport Committee shall sanction such statement either as

it stands or subject to such modifications as it deems expedient :

Provided that,—

(a) no new permanent office of which the minimum monthly salary

exclusive of allowances exceeds two hundred rupees shall be created
without the sanction of the Corporation and no new office with a minimum
monthly salary, exclusive of allowances, of five hundred rupees or more
or with a maximum monthly salary exclusive of allowances of eight
hundred rupees or more shall be created without the sanction of the
1
[State] Government;

(b) the Corporation may by resolution direct that the scales of pay of
any specified classes or grades of officers or servants shall not be varied
without the approval of the Corporation and, so long as such resolution is
in force, the Transport Committee shall not authorise any variation in
such scales without such approval.

Explanation.—An increase in the salary of any permanent office shall

be deemed, for the purpose of sub-section (2), to be the creation of a new
office if, by reason of such increase, the minimum monthly salary, exclusive
of allowances, exceeds two hundred rupees or amounts to five hundred
rupees or more, as the case may be, or the maximum monthly salary,
exclusive of allowances amounts to eight hundred rupees or more.

Restriction on 347. No permanent officer or servant shall be entertained in any

appointment
of permanent department of the Transport Undertaking unless his office and emoluments
officers and
servants. are included in the statement at the time being in force prepared and
sanctioned under section 346.

Creation of 348. (1) The Transport Manager may create temporary posts carrying
temporary
posts. a monthly salary, exclusive of allowances, not exceeding two hundred rupees
for a period of not more than six months and no such posts shall be continued
beyond such period without the previous sanction of the Transport
Committee.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 219

(2) The Transport Committee may create temporary posts carrying a

monthly salary, exclusive of allowances, exceeding two hundred rupees for
a period of not more than six months. The Committee shall forthwith report
to the Corporation the creation of every such post and no such post shall be
continued beyond a period of six months without the previous sanction of
the Corporation.

349. Subject to the provisions of sections 347 and 348, the power of Power of
appointment in
appointing municipal officers and servants for the purposes of the Transport whom to vest.
Undertaking shall vest in the Transport Manager if the minimum monthly
salary, exclusive of allowances, is less than two hundred rupees and in the
Transport Committee in all other cases.

350. (1) Subject to the provisions of the regulations, the Transport Leave of
absence.
Manager may grant leave of absence to any officer or servant the power to
appoint whom vests in him and for a period not exceeding three months to
any other officer or servant appointed under the provisions of this Chapter.

(2) The Transport Committee my grant leave of absence for a period

exceeding three months to any officer or servant appointed by the
Committee.

REVENUE AND EXPENDITURE.

The Transport Fund.

351. Except as provided in section 91 all moneys received by or on Constitution of

Transport
behalf of the Corporation in respect of the operations of the Transport Fund.
Undertaking shall be credited to a fund which shall be called “the City of —
Transport Fund” and which shall, subject to the provisions herein contained,
be held by the Corporation in trust for the purposes of the said undertaking.

352. All moneys payable to the credit of the Transport Fund shall be Transport
Manager to
received by the Transport Manager and shall be forthwith paid into the receive
payments on
Imperial Bank of India, 1[or any other scheduled bank] 2[or an approved co- account of
operative bank] to the credit of an account which shall be styled “the account Transport Fund
and to lodge
of the City of ............ Transport Fund” : them in bank.

Provided that the Transport Manager may, subject to any general or

special directions issued by the Transport Committee, retain such balances
in cash as may be necessary for the operations of the Transport Undertaking:

[Provided further that the amount of money to be paid into an approved

3

co-operative bank shall not exceed such amount as may be specified by the
State Government generally or specially in respect of any approved co-
operative bank.]
1
These words were substituted for the words and figures “or such other bank or banks as the
Corporation may, with due sanction, have selected under section 83” by Bom. 10 of 1953, s.
5.
2
These words were inserted by Bom. 19 of 1954, s. 6(1).
3
This proviso was inserted by Bom. 19 of 1954, s. 6(2).
H 610-31
220 Maharashtra Municipal Corporations Act [1949 : LIX

How 353. (1) No payment shall be made by the bank aforesaid out of the
Transport
Fund shall be Transport Fund except on a cheque signed by two persons in the manner
drawn specified below, namely :—
against.
(a) by the Commissioner or by the Transport Manager or in the
absence of both by a municipal officer whose name appears in a list of
officers authorised to sign cheques approved by the Transport Committee;
(b) by a municipal officer whose name appears in the said list, other
than an officer who may have signed the cheque under clause (a).
(2) Payment of any sum due by the Corporation out of the Transport
Fund in excess of one hundred rupees or such higher amount as the
Transport Committee from time to time fixes generally or for any specified
class of payments shall be made by means of a cheque signed as aforesaid
and not in any other way,
(3) Payments not covered by sub-section (2) may be made by the
Transport Manager in cash, and cheques for sums not in excess of two
thousand rupees each, signed as aforesaid, may be drawn from time to time
to cover such payments.
Deposit of 354. Notwithstanding anything contained in sections 352 and 353, the
portion of
Transport Transport Manager may, with the previous approval of the Transport
Fund may be
made with Committee from time to time, remit to and deposit with a bank or other
bank or agency at any place beyond the City any portion of the Transport Fund, and
agency out of
City when any moneys payable to the credit of the Transport Fund or chargeable there-
convenient. against, which can, in the opinion of the Transport Manager, be most
conveniently paid into or out of the account of the Fund at any such bank or
agency may be so paid.
Only sums 355. (1) Except as hereinafter provided, no payment of any sum shall
covered by
budget grant be made by the Transport Manager out of the Transport Fund, unless the
to be expenditure of the same is covered by a current budget-grant, and sufficient
expended
from balance of such budget-grant is still available, notwithstanding any reduction
Transport
Fund. or transfer thereof which may have been made under the rules.
(2) The following items shall be excepted from the prohibition in sub-
section (1), namely :—
(a) sums of which the expenditure has been sanctioned by the
Transport Committee under section 102 ;
(b) repayments of moneys belonging to contractors or other persons
held in deposit and of moneys collected or credited to the Transport Fund
by mistake;
(c) sums which the Transport Manager is under the provisions of
this Act or any other enactment required or empowered to pay by way of
compensation;
(d) costs incurred by the Transport Manager under section 67 ;
(e) any sum required to make good to the Municipal Fund any payment
made by the Commissioner out of the Municipal Fund under the provisions
of section 86 for the purpose of the Transport Undertaking.
1949 : LIX] Maharashtra Municipal Corporations Act 221

356. Whenever any sum is expanded by the Transport Manager under Procedure when
money not
clause (c), (d) or (e) of sub-section (2) of section 355 he shall forthwith covered by
budget grant is
communicate the circumstances to the Transport Committee who shall take expended under
clause (c), (d) or
such action under the rules or recommend to the Corporation to take such (e) of sub-section
(2) of section
action as shall, in the circumstances, appear possible and expedient for 355.
covering the amount of the additional expenditure.

357. The moneys from time to time credited to the Transport Fund Purposes for
which
shall be applied in payment of all sums, charges and costs necessary for the Transport Fund
purposes of acquiring, maintaining, operating and improving the Transport is to be applied.
Undertaking and of carrying into effect the provisions of this Chapter, or of
which the payment shall be duly directed or sanctioned by or under any of
the provisions of this Act, inclusive of,—
(a) the repayment to the Municipal Fund of any amount disbursed
therefrom for the purposes of the Transport Undertaking, including the
cost of, or reasonable charges for, all supplies provided and services
rendered for any such purposes by the Commissioner at the charge of the
Municipal Fund;
(b) the payment to the Municipal Fund of a sum of money equivalent
to the sum which would have been payable under this Act on account of
municipal taxes in respect of lands and buildings and other properties,
moveable and immoveable, of the Transport Undertaking if the said lands,
buildings and other properties had not vested in the Corporation;
(c) the payment of fees to the Chairman and members of the
Transport Committee, and the salary and allowances of the Transport
Manager;
(d) the payment of salaries and allowances of all municipal officers
and servants appointed under the provisions of this Chapter and all
contributions to provident funds, pensions, gratuities and compassionate
allowances payable under the provisions of this Chapter or of the
regulations or of any statement framed under this Act for the time being
in force ;
(e) the payment of all expenses and costs incurred by the Transport
Manager in the exercise of any power or the discharge of any duty
conferred or imposed upon him for the purposes of, or in connection with,
Transport Undertaking under the provisions of this Act or of any other
enactment, including moneys which he is required or empowered to pay
by way of compensation ;
(f) the payment of every sum payable under a decree or order of a
civil or criminal court passed against the Corporation or against the
Commissioner or the Transport Manager ex-officio in any proceeding
H 610-31a
222 Maharashtra Municipal Corporations Act [1949 : LIX

arising out of the acquisition, maintenance or operation of the Transport

Undertaking, or under a compromise effected under section 481 of any
suit or other legal proceeding or claim arising out of such acquisition,
maintenance or operation ;
(g) every sum required by the provisions of section 359 or 360 to be
transferred to the Municipal Fund ;
(h) every sum chargeable under section 108.
Investment of 358. (1) Surplus moneys at the credit of the Transport Fund which
surplus
moneys. cannot immediately or at any early date be applied to the purposes of this
Act or of any loan raised for the purposes of the Transport Undertaking
may be, from time to time, deposited at interest in the Imperial Bank of
India 1[or any other Scheduled bank] 2[or an approved co-operative bank]
3
[or be invested in public securities] :

[Provided that the amount of money to be deposited in an 5[approved

4

co-operative bank] shall not exceed such amount as may be specified by the
State Government generally or specially in respect of any approved co-
operative bank.]

(2) All such deposits and investments shall be made by the Transport
Manager on behalf of the Corporation, with the sanction of the Transport
Committee, and, with the like sanction, the Transport Manager may at any
time withdraw any deposit so made or dispose of any securities and re-
deposit or re-invest the money so withdrawn, or the proceeds of the disposal
of such securities.

(3) The loss, if any, arising from any such deposit or investment shall
be debited to the Transport Fund.

Payments out of Surplus Balance.

Fixed annual 359. (1) Out of the balance of income over expenditure remaining at
payment to
Municipal credit of the Revenue Account of the Transport Fund at the close of each
Fund.
official year, after defraying or making allowance for all charges, costs and
expenses payable out of the revenue of the said Fund and allowing for the
retention of the cash balance specified in, or for the time being fixed under,
section 98 to the credit of the said Fund, there shall be transferred to the
credit of the Municipal Fund the amount provided in sub-section (2) :
Provided that if the balance at credit of the said Revenue Account, after
allowing for the matters aforesaid, is less than the amount provided in sub-
section (2), the whole of such balance shall be transferred to the Municipal

1
These words were substituted for the words and figures “or such other bank as the Corporation
may with due sanction have selected under section 83” by Bom. 10 of 1953, s. 6.
2
These words were inserted by Bom. 19 of 1954, s. 7(1).
3
These words were added by Bom. 57 of 1953, s. 2.
4
This proviso was added by Bom. 19 of 1954, s. 7(2).
5
These words were substituted for the words “approved bank” by Bom. 58 of 1954,
s. 2, Schedule.
1949 : LIX] Maharashtra Municipal Corporations Act 223

Fund and any deficit shall be made good to the Municipal Fund out of the
Revenue Reserve Fund maintained under section 360 and if the deficit still
remains, it shall be made good to the Municipal Fund out of the balance
available at credit of the Revenue Account of the next or any subsequent
year after allowing for all the matters aforesaid and for the amount provided
in sub-section (2) in respect of that year.

(2) The amount to be transferred to the Municipal Fund under sub-

section (1) shall be in respect of each official year such sum as the
Corporation, before the beginning of that year, may determine.

(3) The sum to be transferred under sub-section (1) shall be paid into
any bank with which the Municipal Fund is deposited to the credit of the
said Fund by means of a cheque drawn upon the Transport Fund not later
than the thirtieth day of June immediately following the close of the year in
which the balance out of which the transfer is due to be made accrues.

360. (1) If after making allowance for the matter mentioned in section Disposal of
surplus
359 there remains any further surplus balance of income over expenditure balance of
revenue.
at credit of the Revenue Account of the Transport Fund, such surplus shall
be disposed of as follows :—

(a) 30 per cent. of the surplus shall be credited under a separate

heading in the accounts maintained under section 361 to a special fund to
be called the ' Revenue Reserve Fund ', unless the balance in the said
Revenue Reserve Fund, with such credit, would exceed such sum as the
Corporation shall with the sanction of the 1[State] Government fix, in
which case only such sum, if any, as is required to bring the balance to the
sum so fixed shall be so credited and the remainder of the surplus, up to
30 per cent. thereof, shall be added in equal shares to the amounts credited
or transferred under clauses (b), (c) and (d) ;

(b) 30 per cent. of the surplus and such additional amount as may be
available under clause (a) shall be credited under a separate heading in
the accounts maintained under section 361 to a special fund called ‘ the
Transport Betterment Fund ’ ;

(c) 25 per cent. of the surplus and such additional amount as may be
available under clause (a) shall be transferred to the Municipal Fund for
credit to the Welfare Fund constituted under the rules ; and

(d) 15 per cent. of the surplus and such additional amount as may be
available under clause (a) shall be transferred to the Municipal Fund.

1
This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
224 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The Revenue Reserve Fund shall be applied to the following

purposes :—

(i) in making good or in reduction of any deficit in the amount to be

transferred in any year to the Municipal Fund under section 359 ; and

(ii) in meeting any charges to be defrayed out of the Transport Fund

to the extent to which the balance available in the Fund is insufficient for
the purpose.

(3) The Transport Betterment Fund shall be applied to improvements

in the services, amenities and facilities provided for the public by the
Transport Undertaking.

(4) The amounts to be transferred to the Municipal Fund under clauses

(c) and (d) of sub-section (1) shall be paid into any bank with which the
Municipal Fund is deposited to the credit of the said Fund by means of
cheques drawn upon the Transport Fund not later than the thirtieth day of
June immediately following the close of the official year in which the
transfers are due to be made.

Accounts.

Accounts of 361. Accounts of the receipts and expenditure of the Corporation on

the Transport
Undertaking. account of the Transport Undertaking and of the properties vested or vesting
in the Corporation for the purposes of the said Undertaking shall be kept in
such manner and in such forms as the Transport Committee shall from time
to time prescribe.
Preparation of
annual 362. (1) The Transport Manager shall, as soon as may be after each
administra- first day of April, have prepared a detailed report of the administration of
tion report
and the Transport Undertaking during the previous official year, together with
statement of
accounts. a statement showing the amount of the receipts and disbursements
respectively credited and debited to the Transport Fund during the said
year and the balance at the credit of the Fund at the close of the said year as
also an account of the balances due on loans and shall submit the same to
the Transport Committee.

(2) After an examination and review of the report and statement by the
Transport Committee, a copy of the report together with a copy of the
Committee's review shall be forwarded to the usual or last known address
of each councillor and copies thereof shall be delivered to any person
requiring the same on payment of such reasonable fee for each copy as the
Transport Manager, with the previous approval of the Transport Committee,
shall determine.
1949 : LIX] Maharashtra Municipal Corporations Act 225

CHAPTER XXI.

VITAL STATISTICS.

Registration of Births and Deaths.

363. (1) The Medical Officer of Health shall be the Registrar General Appointment of
Registrars.
of the City for the purpose of registering births and deaths.

(2) The Commissioner may, in consultation with the Registrar

General,—

(a) divide the City into such and so many divisions as he may from
time to time think fit;

(b) nominate for each such division a municipal officer to be the

Registrar of births and deaths ; and

(c) appoint for each Registrar a suitable station as his office within
the division for which he is appointed.

364. (1) Such particulars as the Commissioner may from time to time Register books
to be
specify regarding births and deaths shall be entered in spearate register maintained.
books of births and register books of deaths which shall be maintained by
the Registrar General or, if the City has been divided into divisions, by the
Registrar of each division.

(2) The Commissioner shall specify the forms of the registers required
to be maintained under sub-section (1) and the manner in which such
registers shall be maintained.

365. (1) It shall be the duty of the Registrar General or, if the City is Registrars to
inform
divided into divisions under section 363, of the Registrar of each division to themselves of
all births and
inform himself carefully of every birth and death which shall happen in the deaths.
City or in his division, as the case may be, and of the particulars concerning
the same required to be registered under section 364, and shall, as soon
after each such birth or death as conveniently may be, register the same in
the book maintained for the purpose without making any charge or
demanding or receiving any fee or reward for so doing other than his
remuneration as a municipal officer.

(2) Other municipal officers, besides the Registrar General and the
Registrars, may be appointed, with the duty of informing themselves of every
birth or of every death or of every birth and every death in the division to
which they are respectively appointed and of the particulars concerning
the same required to be registered, and of submitting such information to
the Registrar General or the Registrar of the said division, as the case may
be, or to such other person as the Commissioner directs.
366. It shall be the duty of the father and mother of every child born Information of
birth to be
in the City and, in default of the father and mother, of the occupier of the given wihin
premises in which to his knowledge the child is born, and of each person seven days.
present at the birth and of the person having charge of the child, to give, to
the best of his knowledge and belief, to the Registrar General or, if the City
has been divided into divisions, to the Registrar of the division or to a
226 Maharashtra Municipal Corporations Act [1949 : LIX

municipal officer appointed under section 365 within seven days after such
birth information of the particulars required to be registered concerning
such birth :

Provided that,—

(a) in the case of an illegitimate child, no person shall, as father of

such child, be required to give information under this Act concerning
the birth or such child, and the Registrar General or Registrar, as the
case may be, shall not enter in the register the name of any person as
father of such child, unless at the joint request of the mother and of the
person acknowledging himself to be the father of such child, and such
person shall in such case sign the register together with the mother ;

(b) a person required to give information only in default of some other

person shall not be bound to give such information if he believed and
had reasonable grounds for believing that such information had been
given ;

(c) when a child is born in any hospital, the officer in charge thereof
shall be bound to forward forthwith to the Registrar General or
Registrar, as the case may be, a report of such birth in such form as the
Registrar General may from time to time specify.
Information 367. In case any new-born child is found exposed, it shall be the duty
respecting
finding of of any person finding such child and of any person in whose charge such
new-born
child to be child may be placed to give, to the best of his knowledge and belief, to the
given.
Registrar General or Registrar or other municipal officer aforesaid, within
seven days after the finding of such child, such information of the particulars
required to be registered concerning the birth of such child as the informant
possesses.
Information of 368. (1) It shall be the duty of the nearest relative of any person dying
death to be
given. in the City present at the death, or in attendance during the last illness, of
the deceased and, in default of such relative, of each person present at the
death, and of the occupier of the premises in which, to his knowledge, the
death took place, and, in default of the persons hereinbefore in this section
mentioned, of each inmate of such premises to give to the best of his
knowledge and belief to the Registrar General or, if the City has been divided
into divisions under section 363, to the Registrar of the division in which
the death took place or to an officer appointed under section 365 information
of the particulars required to be registered concerning such death within
twenty four hours of its occurrence :

Provided that if the cause of death is known to be a dangerous disease

the information aforesaid shall be given within twelve hours of its
occurrence.
1949 : LIX] Maharashtra Municipal Corporations Act 227

369. In the case of a person who has been attended in his last illness Medical
practitioner
by a duly qualified medical practitioner, that practitioner shall within three who attended a
deceased
days of his becoming congnisant of the death of such person sign and forward person to
certify cause of
to the Registrar General a certificate of the cause of such person's death, in his death.
such form as shall from time to time be prescribed by the Commissioner in
this behalf, and the cause of death as stated in such certificate shall be
entered in the register, together with the name of the certifying medical
practitioner.

370. (1) Any clerical error which may at any time be discovered in a Correction of
errors in
register of births or in a register of deaths may be corrected by any person registers of
births or
authorised in that behalf by the Commissioner. deaths.

(2) An error of fact or substance in any such register may be corrected

by any person authorised as aforesaid by entry in the margin, without any
alteration of the original entry, upon production to the Commissioner, by
the person requiring such error to be corrected, of a declaration on oath
setting forth the nature of the error and the true facts of the case, made
before a Magistrate by two persons required by this Act to give information
concerning the birth or death with reference to which the error has been
made or, in default of such persons, by two credible persons having
knowledge of the case, and certified by such Magistrate to have been made
in his presence.

(3) Except as aforesaid no alteration shall be made in any such register.

371. (1) When the birth of any child has been registered and the name, Registration of
name of child or
if any, by which it was registered, is altered or, if it was registered without of alteration of
name.
a name, when a name is given to it, the parent or guardian of such child or
other person procuring such name to be altered or given may, within twelve
months next after the registration of the birth, deliver to the Registrar
General or, if the City is divided into divisions under section 363, to the
Registrar of the division in which the birth was registered, such certificate
as hereinafter mentioned, and the Registrar General or Registrar upon the
receipt of that certificate shall, without any erasure of the original entry,
forthwith enter in the register-book the name mentioned in the certificate
as having been given to the child.

(2) The certificate shall be in such form as the Commissioner may from
time to time prescribe, and, in the case of a Christian, shall be signed by the
minister or person who performed the rite of baptism upon which the name
was given or altered, or, if the child is not baptised or is not a Christian,
shall be signed by the father, mother or guardian of the child or other person
procuring the name of the child to be given or altered.

(3) Every minister or person who performs the rite of baptism shall
deliver the certificate required by this section on demand, on payment of a
fee not exceeding one rupee.
H 610-32
228 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XXII.

LICENCES AND PERMITS.

I. Licensing of Surveyors, Architects or Engineers, Structural

Designers, Clerks of Works and Plumbers.

Grant of 372. (1) The Commissioner may grant to any person he thinks fit a
licenses to
Architects or renewable licence for a period of one year to act as (i) Surveyor, (ii) an
Engineers,
Structural Architect or Engineer, (iii) Structural Designer, (iv) Clerk of Works, or (v) a
Designers,
Plumbers and Plumber for the purposes of this Act.
Clerks of
Works.
(2) No licence shall be granted under sub-section (1) unless the person
has the qualifications or experience, or both, as may be prescribed by by-
laws.

(3) No application for a licence shall be refused if the applicant has the
qualifications and experience prescribed by by-laws except upon the ground
that the applicant is unfit, through incompetency, misconduct or other grave
reason, to hold such licence.

(4) If the Commissioner refuses any application for a licence under

sub-section (3), he shall, at the request of the applicant, furnish such
applicant with his reasons for such refusal in writting under his signature
without charge.

Orders may 373. (1) The Commissioner may with the approval of the Standing
be prescribed
for guidance of Committee from time to time issue orders for the guidance of Licensed
surveyors, etc.
Surveyors, Architects or Engineers, Structural Designers, Clerks of Works
and Plumbers, respectively.

(2) Copies of all orders so prescribed for the time being in force shall be
kept on sale at the municipal head office at such price as the Commissioner
may fix and a copy thereof shall be kept available for inspection at all
reasonable times at such office.

Fees and 374. The Standing Committee may from time to time prescribe the
charges of
licenced fees or charges to be paid to licensed plumbers for any work done by them
plumbers to
be prescribed under or for any purpose of this Act, and no licensed plumber shall demand
by Standing
Committee. or receive more than the fee or charge so prescribed for any such work.

Licensed 375. No licensed plumber shall execute any work under this Act
plumber to
be bound to carelessly or negligently or make use of any bad material, appliance or fitting
execute
work for the purpose of such work.
properly.
1949 : LIX] Maharashtra Municipal Corporations Act 229

II. Trade licenses and other licences for keeping animals and certain
articles.
376. (1) Except under and in conformity with the terms and conditions Certain things
not to be kept,
of licence granted by the Commissioner, no person shall,— and certain
trades and
(a) keep in or upon any premises any article specified in the rules,— operations not
to be carried on,
(i) in any quantity or in excess of the quantity specified in the rules without licence.
as the maximum quantity of such article which may at one time be kept
in or upon the same premises without a license, and
(ii) for any purpose whatever or for sale or for other than domestic
use as may be specified in the case of each article in the rules ;
(b) keep in or upon any buildings intended for or used as a dwelling
or within fifteen feet of such building cotton, in pressed bales or boras or
loose, in quantity exceeding four hundred-weight;
(c) keep, or allow to be kept, in or upon any premises, horses, cattle
or other four footed animals,—
(i) for sale,
(ii) for letting out in hire,
(iii) for any purpose for which any charge is made or any
remuneration is received, or
(iv) for sale of any produce thereof;
(d) carry on, or allow to be carried on, in or upon any premises—
(i) any of the trades or operations connected with any trade
specified in the rules ;
(ii) any trade or operation which in the opinion of the Commissioner
is dangerous to life or health or property, or likely to create a nuisance
either from its nature, or by reason of the manner in which, or the
conditions under which, the same is, or is proposed to be, carried on ;
(e) carry on within the City, or use any premises for, the trade or
operation of a farrier.
(2) A person shall be deemed to have known that a trade or operation
is, in the opinion of the Commissioner, dangerous or likely to create a
nuisance within the meaning of paragraph (ii) of caluse (d) of sub-section
(1), after written notice to that effect, signed by the Commissioner, has been
served on such person or affixed to the premises to which it relates.
(3) A person shall be deemed to carry on or to allow to be carried on a
trade or operation within the meaning of clause (d) of sub-section (1) if he
does any act in furtherance of such trade or is in any way engaged or
concerned therein whether as principal, agent, clerk, master, servant,
workman, handicraftsman or otherwise.
(4) When any premises are used in the manner described in clause (c)
or (d) of sub-section (1) it shall be presumed, until the contrary is proved,
that the owner or occupier of such premises, or both the owner and accupier
have permitted such use.
H 610-32a
230 Maharashtra Municipal Corporations Act [1949 : LIX

(5) It shall be in the discretion of the Commissioner,—

(a) to grant any licence referred to in sub-section (1) subject to such

restrictions or conditions (if any) as he shall think fit to prescribe, or

(b) to withhold any such licence.

(6) Every person to whom a licence is granted by the Commissioner

under sub-section (3) shall keep such licence in or upon the premises, if
any, to which it relates.

(7) The Commissioner may at any time by day or night enter or inspect
any premises for the use of which a licence has been granted under this
section.

(8) Nothing in this section shall be deemed to apply to mills for spinning
or weaving cotton, jute, wool or silk, or to any other large mill or factory
which the Commissioner may from time to time with the approval of the
Standing Committee specially exempt from the operation therof.
Power to stop [376A. Wherever the Commissioner is of opinion that the use of any
l
use of
premises premises for any of the purposes specified in sub-section (1) of section 376
where such
use is is dangerous to life, health or property or is causing a nuisance either from
dangerous or its nature or by reason of the manner in which or the conditions under
causes
nuisance. which the use is made and such danger or nuisance should be immediately
stopped, the Commissioner may, notwithstanding anything contained in
section 376, require the owner or occupier of the premises to stop such
danger or nuisance within such time specified in such requisition as the
Commissioner considers reasonable, and in the event of the failure of the
owner or occupier to comply with such requisition, the Commissioner may
himself or by an officer subordinate to him cause such use to be stopped.]

III. Licences for sale in municipal markets.

Prohibition of 377. (1) No person shall, without a licence from the Commissioner,
sale in
municipal sell or expose for sale any animal or article in any municipal market.
markets
without (2) Any person contravening this section may be summarily removed
licence of
Commi- by the Commissioner or by any municipal officer or servant.
ssioner.

IV. Licences for private markets.

Private 378. (1) No person shall without, or otherwise than in conformity with
markets not
to be kept the terms of, a licence granted by the Commissioner in this behalf—
open without
licence. (a) keep open, or permit to be kept open, a private market ;

(b) use or permit to be used any place in the City as a slaughter-house

or for the slaughtering of any animal intended for human food ;
1
Section 376-A was inserted by Bom. 34 of 1955, s.2.
1949 : LIX] Maharashtra Municipal Corporations Act 231

(c) use or permit to be used any place without the City, whether as a
slaughter-house or otherwise, for the slaughtering of any animal intended
for human food to be consumed in the City :

Provided that,—

(i) the Commissioner shall not refuse a licence for keeping open a
private market lawfully established at the appointed day if application
for such licence is made within two months thereof except on the ground
that the place where the market is held fails to comply with any
requirement of this Act or of the rules, by-laws or standing orders ;

(ii) the Commissioner shall not cancel or suspend or refuse to renew

any licence for keeping open a private market for any cause other than
the failure of the owner thereof to comply with some provision of this
Act, or with some standing order or with some by-law ;

(iii) the Commissioner may cancel or suspend any licence for failure
of the owner of a private market to give in accordance with the
conditions of his licence a written receipt for any stallage, rent, fee, or
other payment received by him or his agent from any person for the
occupation or use of any stall, shop standing, shed, pen or other place
therein ;

(iv) nothing in this section shall be deemed to prevent the

Commissioner from granting written permission for the slaughter of
an animal in any place that he thinks fit, on the occasion of any festival
or ceremony or under special circumstances.

(2) When the Commissioner has refused, cancelled or suspended any

licence to keep open a private market, he shall cause a notice of his having
so done to be affixed in such language or languages as the Corporation may
from time to time specify on some conspicuous spot on or near the building
or place where such market has been held.

379. No person who knows that any private market has been Prohibition of
sale in
established without the sanction of the Commissioner, or is kept open after unauthorised
private
a licence for keeping the same open has been refused, cancelled or suspended markets.
by the Commissioner, shall sell or expose for sale therein any animal or
articles of human food, or any live-stock or food for live-stock.

380. No person shall slaughter any cattle, horses, sheep, goats or pigs Slaughter of
animals for
for removing the skin thereof or cut up the carcass of any such animal at skins.
any place outside a municipal slaughter-house or a licensed slaughter-house
otherwise than in conformity with the written permission of the
Commissioner.
232 Maharashtra Municipal Corporations Act [1949 : LIX

V. Licences for sale of Articles of Food outside of Markets.

Prohibition of 381. No person shall, without a licence from the Commissioner, sell or
sale of
animals, etc., expose for sale—
except in
market. (a) any four-footed animal or any meat or fish intended for human
food, in any place other than a municipal or private market ;
(b) ices and aerated waters, kulfi, sugar-cane juice, cut or peeled
fruit and vegetables, any confectionary or sweetmeats whatsoever or such
other cooked food or other articles intended for human consumption as
may from time to time by public notice be specified by the Commissioner,
in any place other than a municipal or private market of licensed eating
house or sweetmeat shop.
VI. Licensing of Butchers, etc.
Butchers and 382. No person shall without, or otherwise than in conformity with
persons who
sell flesh of the terms of, a licence granted by the Commissioner in this behalf—
animals to be
licensed. (a) carry on within the City, or at any municipal salughter-house,
the trade of a butcher ;
(b) use any place in the City for the sale of the flesh of any animal
intended for human consumption or any place without the City for the
sale of such flesh for consumption in the City.
VII. Licences for dairy products.
Licence 383. No person shall without, or otherwise than in conformity with
required for
dealing in the terms of, a licence granted by the Commissioner in this behalf—
dairy produce.
(a) carry on within the City the trade or business of a dairyman,
(b) use any place in the City as a dairy or for the sale of any dairy
produce.
VIII. Licences for hawking, etc.
Licences for 384. Except under and in conformity with the terms and provisions
sale in public
places. of a licence granted by the Commissioner in this behalf, no person shall use
any public place or any public street for the purpose of hawking or exposing
for sale, any article whatsoever, whether it be for human consumption or
not.
Licences for 385. Except under and in conformity with the terms and provisions
use of skill in
handicraft or of a licence granted by the Commissioner in this bahalf, no person shall, for
rendering
services for purposes of gain, use any public place or public street for the purpose of
purposes of using his skill in any handicraft or in rendering services to and for the
gain in public
place or convenience of the public.
street.

IX. General provisions regarding licences and permits.

General 386. (1) Whenever it is provided by or under this Act that a licence
provisions
regarding or a written permission may be given for any purpose, such licence or written
grant, permission shall specify the period for which, and the restrictions and
suspension or
revocation of conditions subject to which, the same is granted and the date by which an
licences and
written application for the renewal of the same shall be made and shall be given
permissions
and levy of under the signature of the Commissioner or of a municipal officer
fees, etc. empowered under section 69 to grant the same.
1949 : LIX] Maharashtra Municipal Corporations Act 233

(2) Except as may otherwise be provided by or under this Act, for every
such licence or written permission a fee may be charged at such rate as
shall from time to time be fixed by the Commissioner, with the sanction of
the Corporation.
(3) Subject to the provisions of the proviso to sub-section (1) of section
378, any licence or written permission granted under this Act may at any
time be suspended or revoked by the Commissioner, if he is satisfied that it
has been secured by the holder through misrepresentation or fraud or if
any of its restrictions or conditions is infringed or evaded by the person to
whom the same has been granted, or if the said person is convicted of an
infringement of any of the provisions of this Act or of any rule, by-law or
standing order in any matter to which such licence or permission relates.
(4) When any such licence or written permission is suspended or
revoked, or when the period for which the same was granted has expired,
the person to whom the same was granted shall, for all purposes of this Act,
be deemed to be without a licence or written permission, until the
Commissioner’s order for suspending or revoking the licence or written
permission is cancelled by him or until the licence or written permission is
renewed, as the case may be :
Provided that, when an application has been made for the renewal of a
licence or permission by the date specified therein, the applicant shall be
entitled to act as if it has been renewed, pending the receipt of
orders.
(5) Every person to whom any such licence or written permission has
been granted shall, at all reasonable times, while such written permission
or licence remains in force, if so required by the Commissioner, produce
such licnece or written permission.
(6) Every application for a licence or permission shall be addressed to
the Commissioner.
(7) The acceptance by or on behalf of the Commissioner of the fee for a
licence or permission shall not in itself entitle the person paying the fee to
the licence or permission.
CHAPTER XXIII.
POWER OF ENTRY AND INSPECTION.
387. (1) The Commissioner may enter into or upon any premises, with Power of entry
or without assistants or workmen, which he is empowered by or under the and inspection.
provisions of this Act or the rules to enter or inspect or in order to make
any inspection, survey, measurement, valuation or inquiry or to execute
any work which is authorised by or under this Act or which it is necessary
for any of the purposes, or in pursuance of any of the provisions, of this Act
or of any rules, by-laws, regulations or standing orders thereunder to make
or execute.
(2) Without prejudice to the generality of the provisions of sub-section
(1), the Commissioner or any municipal officer or servant authorised by
him in this behalf shall have power to enter and inspect any place or article
in the following cases, namely :—
(a) any stable, garage, coach house or any place where any vehicle,
boat or animal liable to tax is kept–under section 145 ;
234 Maharashtra Municipal Corporations Act [1949 : LIX

(b) any land whereon any municipal drain has been or is proposed to
be constructed–under section 155 ;
(c) any land belonging to any person for the purpose of emptying his
own drain into a municipal drain–under sections 159,161,167 and 168 ;
(d) any land whereon shafts or pipes for ventilating drains are
required to be fixed–under section 175 ;
(e) drains, ventilators, shafts, pipes, cess-pools, latrines, urinals,
bathing and washing places–under section 181;
(f) any land which provides access to any municipal water work-under
section 191;
(g) any premises which are suspected to have been used for any trade
or keeping any article in contravention of section 376 ;
(h) any premises for the use of which a licence is required and has
been granted under the provisions of this Act;
(i) any building during its erection or any work during its execution;
(j) any premises which are provided by the Corporation for the
residence of municipal officers and servants.

Time of 388. (1) No such entry shall be made within sunset and sunrise :
making entry.
Provided that in any case in which it has been expressly provided by or
under this Act such entry may be made by day or night.
(2) Except as otherwise expressly provided by or under this Act, no
building used as a human dwelling shall be entered unless with the consent
of the occupier thereof without giving him at least six hours notice in writing
of the intended entry and, except when it is deemed inexpedient to mention
the purpose thereof, of such purpose.
(3) When such premises may otherwise be entered without notice,
sufficient notice shall be given in every instance to enable the inmates of
any apartment appropriated to females to remove themselves.
(4) Due regard shall always be had, so far as may be compatible with
the exigencies of the purpose for which the entry is made, to the social and
religious usages of the occupants of the premises entered.
(5) No claim shall lie against any person for compensation for any
damage necessarily caused by an entry under sub-section (7) of section 376
or by the use of any force necessary for effecting such entry.

CHAPTER XXIV.
COMPENSATION.
Doing 389. (1) In the exercise of the powers under the following provisions
minimum
damage in of this Act by the Commissioner or any other municipal officer or servant or
certain cases.
any other person authorised by or under this Act to execute any work, as
little damage as can be shall be done and compensation assessed in the
manner prescribed by or under this Act shall be paid to any person who
sustains damage in consequence of the exercise of such powers, namely :—
(a) carrying any municipal drain through, across or under any street
or any place laid out as or intended for a street or across any cellar or
vault under any street— under sub-section (1) of section 155 ;
1949 : LIX] Maharashtra Municipal Corporations Act 235

(b) entering upon and constructing any new drain or reparing or

altering any municipal drain already constructed—under sub-section (2)
of section 155 ;
(c) affixing of pipes or shafts for the purpose of ventilation of any
drain or cesspool to any building or tree— under sub-section (1) of section
175;
(d) opening of any ground, any portion of a drain, any portion of a
building or any work exterior to a building— under section 182 ;
(e) entering upon, and passing through any land in the vicinity of a
water work or conveying or causing to be conveyed men, materials and
tools through such land— under section 191;
(f) acquiring any building or land required for a public street— under
section 216 ;
(g) removing or altering a structure or fixture—under sub-section
(4) of section 226, sub-section (3) of section 227 and section 232 ;
(h) the rounding or spraying of a building at the corner of two or
more streets—under section 243 ;
(i) cutting into, laying open or pulling down any building or work—
under section 261 ;
1
[(ii) the demolition or alteration of a hut or shed— under section
263A ;]
(j) the demolition of an obsertuctive building—under section 304;
(k) the destruction of an insanitary hut or shed— under section 317;
(l) the destruction of any property in exercise of the powers vested
in the Commissioner for preventing a dangerous or infectious desease—
under section 319;
(m) the exercise of powers or execution of any work in regard to
which no express provision occurs in the Act, rules or by-laws for the
payment of compensation.
(2) If in the exercise of the powers under section 191 damage is caused
by an act of an officer of the 2[State] Government, compensation shall be
payable by the 2[State] Government.
390. Subject to the provisions of this Act, the Commissioner or such Commissioner
other officer as may be authorised by him in this behalf shall, after holding to determine
compensation.
such inquiry as he thinks fit, determine the amount of compensation to be
paid under section 389.

391. Any person aggrieved by the decision of the Commissioner or Appeal.

other officer under section 390 may, within a period of one month, appeal to
the Judge in accordance with the provisions of Chapter XXVI.

CHAPTER XXV.
PENALTIES.
392. (1) Whoever,— Certain
offences
(a) contravenes any provision of any of the sections, sub-sections or punishable
clauses mentioned in the first column of Part I of the table in Appendix II with fine.
or of any regulation or order made thereunder, or
1
This clause was inserted by Bom. 19 of 1956, s.3.
2
This word was substituted for the word “Provincial” by the Adaption of Laws
Order, 1950.
H 610-33
236 Maharashtra Municipal Corporations Act [1949 : LIX

(b) fails to comply with any requisition lawfully made upon him
under any of the said sections, sub-sections or clauses,

shall be punished, for each such offence, with fine which may extend to the
amount mentioned in that behalf in the second column of the said Part.

(2) Whoever, after having been convicted of,—

(a) contravening any provision of any of the sections, sub-sections

or clauses mentioned in the first column of Part II of the table in Appendix
II or of any regulation or order made thereunder, or

(b) failing to comply with any requisition lawfully made upon him
under any of the said sections, sub-sections or clauses,

continues to contravene the said provision or to neglect to comply with the

said requisition or fails to remove or rectify any work or thing done in
contravention of the said provision, as the case may be, or fails to vacate
any premises shall be punished, for each day that he continues so to offend,
with fine which may extend to the amount mentioned in that behalf in the
second column of the said Part.
Offences 393. (1) Whoever contravenes any provision of any of the sections,
punishable
under the sub-sections or clauses of this Act mentioned in the first column of the
Penal Code.
following table or of any regulation or order made thereunder, and whoever
fails to comply with any requisition lawfully made upon him under any of
the said sections, sub-sections or clauses, shall be deemed to have committed
an offence punishable under the section of the Indian Penal Code XLV of
1860.
respectively specified in the second column of the said table as the section
of the said Code under which such person shall be punishable, namely :—

Sections of this Act. Sections of the Indian

Penal Code under
which offenders are
punishable.

194(2), 311, clauses (a), (b), (c) and (d), 312 277

319 .. 188

477 .. 177

(2) Whoever being the owner or occupier of a building fails to comply

with any notice in writing given by the Commissioner under any of the
provisions of this Act not referred to in sub-section (1) calling for particulars
or information in connection with the preparation of the list of voters at
ward elections or the municipal election roll or who furnishes particulars
or information which he knows to be false or incorrect shall be deemed to
have committed an offence punishable under section 176 or section 177 of
the Indian Penal Code, as the case may be. XLV of
1860.
1949 : LIX] Maharashtra Municipal Corporations Act 237

(3) Any candidate who is elected councillor for more than one ward at
contested ward elections and who fails to comply with a written notice lawfully
given by the Commissioner requiring him to choose for which of the wards
he shall serve shall be deemed to have committed an offence punishable under
XLV of section 177 of the Indian Penal Code.
1860.
(4) Whoever fails to comply with a lawful requisition, notice or order of
the Commissioner for information or a written return relative to the
determination of the rateable value of any building or to the levy or assessment
of any municipal tax or whoever furnishes information or makes a return
which he knows to be false, incorrect or misleading shall be deemed to have
committed an offence punishable under section 176 or section 177 of the
Indian Penal Code, as the case may be.
XLV of 394. Any officer or servant of the Corporation who knowingly prepares Punishment
1860. 1 for offences of
[or deletes or adds to or amends an entry in the list of voters] at ward preparing
elections which is incorrect or false shall, on conviction, be punished with false election
imprisonment of either description for a term which may extend to six months rolls.
or with fine which may extend to five hundred rupees or with both.
395. Any councillor or any member of the Transport Committee who is Punishment
for acquiring
not a councillor who knowingly acquires, directly or indirectly, any share or share or
interest in any contract or employment with, by or on behalf of the interest in
Corporation, not being a share or interest such as, under section 10, it is contract etc.,
with
permissible for a councillor to have without being thereby disqualified for Corporation.
being a councillor, and any Commissioner, Transport Manager, municipal
officer or servant who knowingly acquires, directly or indirectly, any share
or interest in any contract or employment with, by or on behalf of the
Corporation, not being a share or interest such as, under sub-clause (ii) or
(iv) of sub-section (2) of section 10, it is permissible for a councillor to have
without being thereby disqualified for being a councillor, shall be deemed to
XLV of have committed the offence made punishable by section 168 of the Indian
1860.
Penal Code.
396. Whoever acts or abets the commission of an act which is in Punishment
for breach of
contravention of the provisions of section 61 or 62 shall, on conviction, be section 61 or
punished with imprisonment of either description for a term which may 62.
extend to one year or with fine or with both.
397. (1) Whoever contravenes any provision of sub-section (1) of Punishment
for offences
section 194 shall, on conviction, be punished with imprisonment which may against
extend to one month or with fine which may extend to one hundred rupees section 194.
or with both.
(2) When any person is convicted under sub-section (1), the Magistrate
who convicts him may order the immediate removal of any building, or the
immediate discontinuance of the operation or use of land, in respect of which
such conviction has been held.
(3) If any order made under sub-section (2) is disobeyed or the execution
thereof resisted, the offender shall, on conviction, be punished with
imprisonment which may extend to one month or with fine which may extend
to one hundred rupees or with both.

1
These words were substituted for the words “or makes an entry in the list of persons qualified
to be enrolled as voters” by Mah. 24 of 1965, s. 8.
H 610—33a
238 Maharashtra Municipal Corporations Act [1949 : LIX
Penalty for 1
failure to
[397A. (1) Any person to whom the notice under section 260, 261, 264,
comply with 267 or 478 has been served, shall on his failure to comply with such notice,—
notice under
section 260,
261, 264, 267 (a) for restoration of the foundation, plinth, floor or structural members
or 478. or load bearing wall, thereby endangering the life and property of any person
occupying, resorting to or passing by such building or any other building or
place in the neighbourhood thereof, be punished with imprisonment for a term
which shall not be less than three months but which may extend upto three
years and with a fine which shall not be less than ten thousand rupees but
which may extend to fifty thousand rupees; and where the contravention is a
continuing one, with a further fine which may extend to one thousand rupees
for each day during which such contravention continues after conviction for
the first such contravention; or

(b) for removing, pulling down the unauthorised work, be punished with
imprisonment for a term which shall not be less than one month but which
may extend to one year and with a fine which shall not be less than five
thousand rupees but which may extend to twenty-five thousand rupees; and
where the contravention is a continuing one, with a further fine which may
extend to five hundred rupees for each day during which such contravention
continues after conviction for the first such contravention.

(2) Where it has been brought to the notice of the Designated Officer that
erection of any building or execution of any such work as is described in
section 254 is commenced or carried out contrary to the provisions of the Act,
rules or bye-laws and if such Designated Officer has failed, without sufficient
reasons, to take action as provided under section 260, 264, 267 or 478, he shall,
on conviction, be punished with imprisonment for a term which may extend
to three months, or with fine which may extend to twenty thousand rupees,
or with both.

Compounding 397B. (1) The Commissioner may, by general or special order, either
of certain
offences. before or after institution of the proceedings, compound any offence made
punishable under sub-section (1) of section 397A.

(2) When an offence has been compounded under sub-section (1), no

further proceedings shall be taken against the accused person in respect of
the offence compounded and any proceedings if already taken, shall stand
abated, and the accused person, if in custody, shall be discharged.]
2
**.

1
Sections 397A and 397B were inserted by Mah. 2 of 2012, s. 15.
2
Sections 398 and 398-1A were deleted by Mah. 42 of 2017, s. 42.
1949 : LIX] Maharashtra Municipal Corporations Act 239

[398A. Whoever contravenes the provisions of section 265A, shall be Penalty for
1
contravention
punished with fine of twenty-five thousand rupees or an amount equal to the of section
265A.
property tax of the building concerned for a period of one year, whichever is
higher.]
399. Whoever contravenes any provision of this Act or rules, by-law, General
penalty.
regulation, standing order, licence, permission or notice issued thereunder
or fails to comply with any requisition lawfully made under any such provision
shall, if no penalty is provided in any other provision of this Act for such
contravention or failure, be punished, for each such offence, with fine which
may extend to one hundred rupees and with further fine which may extend
to twenty rupees for every day on which such contravention or failure
continues after the first conviction.
400. No person who receives the rent of any premises in any capacity Extent of
penal
described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section responsibility
2 shall be liable to any penalty under this Act for omitting to do any act as the of agents and
trustees of
owner of such premises, if he shall prove that his default was caused by his owners.
not having funds of, or due to, the owner sufficient to defray the cost of doing
the act required.
401. Where a person committing an offence under this Act, or any rule, Offence by
companies,
by-law, regulation or standing order is a company, or a body corporate, or an etc.
association of persons (whether incorporated or not), or a firm, every director,
manager, secretary, agent or other officer or person concerned with the
management thereof, and every partner of the firm shall, unless he proves
that the offence was committed without his knowledge or consent, be deemed
to be guilty of such offence.
402. (1) If, on account of any act or omission, any person has been Compensation
payable by
convicted of an offence against this Act or against any rule, regulation or by offenders
law, and, by reason of such act or omission of the said person, damage has against
Act for
this

occurred to any property of the Corporation, compensation shall be paid by damage

caused by
the said person for the said damage notwithstanding any punishment to which them.
he may have been sentenced for the said offence.
(2) In the event of dispute, the amount of compensation payable by the
said person shall be determined by the Magistrate before whom he was
convicted of the said offence, and on non-payment of the amount of
compensation so determined, the same shall be recovered under a warrant
from the said Magistrate as if it were a fine inflicted by him on the person
liable therefor.

1
Section 398A was inserted by Mah. 6 of 2009, s. 5.
240 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XXVI.
PROCEEDINGS BEFORE
JUDGE, DISTRICT JUDGE AND MAGISTRATES.
I. Election Inquiries.
Procedure in 403. (1) If an application is made under section 16 for a declaration that
election any particular candidate shall be deemed to have been elected, the applicant
inquiries.
shall make parties to his application all the candidates who were duly
nominated for the seat or seats in the ward in question, whether or not the
said candidates have been declared elected, and shall proceed against the
candidate or candidates declared elected.
(2) The applicant shall, whenever so required by the Judge, deposit in
the Court a sum of five hundred rupees in cash or Government securities of
equivalent value at the market rate of the day as security for any costs which
the applicant may be ordered to pay to other parties to the said application.
(3) If, after making such inquiry as he deems necessary, the Judge find
that the election of a returned candidate has been procured or induced or the
result of the election has been materially affected by any corrupt practice, or
any corrupt practice has been committed in the interest of a returned candidate
or the result of the election has been materially affected by the improper
acceptance or rejection of any nomination or by reason of the fact that any person
nominated was not qualified or was disqualified for election, or by the improper
reception or refusal of a vote, or by the reception of a vote which is void, or by
any non-compliance with the provisions of this Act or any rules made thereunder
relating to the election, or by any mistake in the use of any prescribed form, or
the election has not been a free election by reason of the large number of cases
in which bribery or under influence has been exercised or committed, he shall
declare the election of the returned candidate to be void and if he does not so
find shall confirm the election of the returned candidate.
(4) All application received under section 16,—
(a) in which the validity of the election of councillors election to represent
the same ward is in question shall be heard by the same judge, and
(b) in which the validity of the election of the same councillor elected
to represent the same ward is in question shall be heard together.
1
[(5) If an application is made under section 16 that any particular
candidate (other than the candidate declared to have been elected) shall be
deemed to have been elected, then the returned candidate or any other party
may give evidence to prove that the election of the person in whose favour
such declaration is sought would have been void if he had been declared
elected and an application had been presented calling in question his election.
If the Judge is of opinion,—
(i) that in fact any candidate in whose favour the declaration is sought
has received a majority of the valid votes, or
(ii) that but for the votes obtained by the returned candidate by
corrupt practices, such candidate would have obtained a majority of the
valid votes,
(the judge shall after declaring the election of the returned
candidate to be void declare the candidate in whose favour the
declaration is sought to have been duly elected.)
1
Sub-section (5) was substituted for the original by Mah. 31 of 1960, s. 2.
1949 : LIX] Maharashtra Municipal Corporations Act 241

(6) The Judge’s order under this section shall be conclusive.

(7) Every election not called in question in accordance with the foregoing
provisions shall be deemed to have been to all intents a good and valid
election.
404. (1) If the Judge sets aside an election of a candidate on the ground Disqualification
for election as
that a corrupt practice has been committed in the interest of such candidate, councillor for
he shall declare such candidate to be disqualified for the purpose of any fresh certain
election
election which may be held under this Act. offences.
(2) If in any proceedings under section 16 the Judge finds that a corrupt
practice has been committed within the meaning of that section by any person
he may, if he thinks fit, declare such person to be disqualified for being elected
and for being a councillor for such term of years not exceeding seven as he
may fix :
Provided that no such declaration shall be made unless such person has
been given a reasonable opportunity to be heard :
1
Provided further that the [State] Government may by order in writing
at any time relieve such person from such disqualification but, subject only
to such order, the declaration by the Judge shall be conclusive.
II. References to the Judge.
405. In the following cases a reference shall be made to the Judge :— References to
the Judge.
(1) whether a councillor has ceased to hold office under section 12 ;
2
[(1A) regarding removal and disqualification of a Councillor under
section 13 ;]
(2) whether a person has ceased to be a member of the Transport
Committee under section 26 ;
(3) whether the Commissioner may be directed to remove a shaft or pipe
on the application of the owner of a building or hut under section 175 ;
(4) regarding the amount of the price for the land required for setting
forward a building under section 216 ;
(5) regarding the amount or payment of expenses for any work executed
or any measure taken or things done under the orders of the Commissioner
or any municipal officer under section 439 ;
(6) regarding the amount or payment of expenses or compensation and
the apportionment thereof falling under any of the provisions of this Act or
any rule or by-law thereunder not otherwise specifically provided for.
III. Appeals against Valuations and Taxes.
406. (1) Subject to the provisions hereinafter contained, appeals against Appeals when
3 and to whom
any reteable value [or the capital value, as the case may be,] or tax fixed or to lie.
charged under this Act shall be heard and determined by the Judge.
4
(2) No such appeal [shall be entertained] unless,–
(a) it is brought within fifteen days after the accrual of the cause of
complaint ;

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
Clause (1A) was inserted by Mah. 3 of 2008, s. 5.
3
These words were inserted by Mah. 10 of 2010, s. 11 (1).
4
These words were substituted for the words “shall be heard” by Mah. 63 of 1975, s. 8(a)(i).
242 Maharashtra Municipal Corporations Act [1949 : LIX
1
(b) in the case of an appeal against a reteable value [or the capital
value, as the case may be,] a complaint has previously been made to the
Commissioner as provided under this Act and such complaint has been
disposed of ;
2
(c) in the case of an appeal against any tax [including interest and
penalty imposed] in respect of which provision exists under this Act for
a complaint to be made to the Commissioner against the demand, such
complaint has previously been made and disposed of ;
(d) in the case of an appeal against any amendment made in the
assessment book for property taxes during the official year, a complaint
3
has been made by the person aggrieved within [twenty-one days] after
he first received notice of such amendment and his complaint has been
disposed of ;
(e) in the case of an appeal against a tax, or in the case of an appeal
1
made against a rateable value [or the capital value, as the case may be ]
4
[the amount of the disputed tax claimed from the appellant, or the
amount of the tax chargeable on the basis of the dispute reteable value
up to the date of filing the appeal, has been deposited by the appellant
with the Commissioner].
5
[(2A) Where the appeal is not filed in accordance with the provisions of
clauses (a) to (e) of sub-section (2), it shall be liable to be summarily dismissed.]
6
[(3) In the case of any appeal entertained by the Judge, but not heard
by him, before the date of commencement of the Maharashtra Municipal Mah.
XLIII of
Corporations (Amendment) Act, 1975, the Judge shall not hear and decide 1975.
such appeal unless the amount of the disputed tax claimed from the
appellant, or the amount of the tax chargeable on the basis of the disputed
rateable value, as the case may be, up to the date of filing the appeal has
been deposited by the appellant with Commissioner, within thirty days from
the date of publication of a general notice by the Commissioner in this behalf
in the local news-papers. The Commissioner shall simultaneously serve on
each such appellant a notice under sections 473 and 474 and other relevant
provisions of this Act, for intimating the amount to be deposited by the
appellant with him.
(4) As far as possible, within fifteen days from the expiry of the period
of thirty days prescribed under sub-section (3), the Commissioner shall
intimate to the Judge the names and other particulars of the appellants who
have deposited with him the required amount within the prescribed period
and the names and other particulars of the appellants who have not
deposited with him such amount within such period. On receipt of such
intimation, the judge shall summarily dismiss the appeal of any appellant
who has not deposited the required amount with the Commissioner within
the prescribed period.
1
These words were inserted by Mah. 10 of 2010, s. 11 (2) (a) and (c).
2
These words were inserted by Mah. 4 of 2009, s. 7(a).
3
These words were substituted for the words “fifteen days” by Mah. 10 of 2010, s. 11(2) (b).
4
This portion was substituted for portion begining with the words “after a bill” and ending
with the words “the Commissioner” by Mah. 63 of 1975, s. 8(a)(ii).
5
Sub-section (2A) was inserted by Mah. 10 of 2010, s. 11(3).
6
Sub-sections (3), (4) and (5) were inserted by Mah. 63 of 1975, s. 8(6).
1949 : LIX] Maharashtra Municipal Corporations Act 243

(5) In the case of any appeal, which may have been entertained by the
Judge before the date of commencement of the Act aforesaid or which may
be entertained by him on and after the said date, the Judge shall not hear
and decide such appeal, unless the amount of the tax claimed by each of the
bills, which may have been issued since the entertainment of the appeal, is
also deposited, from time to time, with the Commissioner in the first month
of the half year to which the respective bill relates. In case of default by the
appellant at any time before the appeal is decided, on getting an intimation
to that effect from the Commissioner, the Judge shall summarily dismiss
the appeal.]
1 2
[(6) An appeal against [the demand notice in respect of levy of cess
under Chapter XIA or the Local Body Tax under Chapter XIB] shall lie,—
(i) to the Deputy Commissioner, when the demand notice is raised
3
by the Cess Officer [or any other officer, not being the Deputy
Commissioner];
(ii) to the Commissioner, when the demand notice is raised by the
Deputy Commissioner.
(7) The appeal under sub-section (6) shall be filed within fifteen days from
the date of the demand notice.]
4
[(8) No appeal under sub-section (6) shall be entertained by the Deputy
Commissioner or, as the case may be, the Commissioner unless the amount
of the disputed tax claimed from the appellant has been deposited by the
appellant with the Commissioner.]
407. For the purposes of section 406, cause of complaint shall be deemed Cause of
complaint
to have accrued as follows, namely :— when to be
deemed to
5
(a) in the case of an appeal against a rateable value [or a capital have accrued.
value, as the case may be,] on the day when the complaint made to the
Commissioner against such value is disposed of ;
(b) in the case of an appeal against any tax referred to in clause (c)
of sub-section (2) of the said section on the day when the complaint against
the tax is disposed of by the Commissioner ;
(c) in the case of an appeal against any amendment made in the
assessment book for property taxes during the official year, on the day
when the complaint made to the Commissioner by the person aggrieved
against such amendment is disposed of ;
(d) in the case of an appeal against a tax not covered by clause (b)
above on the day when payment thereof is demanded or when a bill
therefor is served.

1
Sub-sections (6) and (7) were added by Mah. 4 of 2009, s. 7 (b).
2
These words, figures and letter were substituted for the words, figures and letter “the demand
notice in respect of levy of cess under Chapter XIA” by Mah. 27 of 2010, s. 12(i)(a).
3
These words were inserted, by Mah. 27 of 2010, s. 12 (i)(b).
4
Sub-section (8) was added, by Mah. 27 of 2010, s. 12 (ii).
5
These words were inserted by Mah. 10 of 2010, s. 12.
H 610—34
244 Maharashtra Municipal Corporations Act [1949 : LIX
Arbitration. 1
408. Where any appeal against the rateable value [or the capital value,
as the case may be,] or tax fixed or charged under this Act is pending and all
the parties interested agree that any matter in difference between them shall
be referred to arbitration, they may, at any time before a decision is given in
such appeal, apply in writing to the Judge for an order of reference on such
2
matter and on such application being made the provisions of [the Arbitration 26 of
1996.
and Conciliation Act, 1996], relating to arbitration in suits, so far as they can
be made applicable, apply to such application and the proceedings to follow
thereon, as if the said Judge were a Court within the meaning of that Act and
the application were an application made in a suit.
409. [Appointment of expert valuer. Deleted by Mah. 10 of 2010, s. 14.]
Reference to 410. If, before or on the hearing of an appeal relating to the rateable
District 3
Court.
value [or the capital value, as the case may be,] or tax, any question of
law or usage having the force of law, or the construction of a document
arises, the Judge may, and on the application of any party to the appeal
shall, draw up a statement of the facts of the case and the question so
arising, and refer the statement with his own opinion on the point for the
decision of the District Court.
Appeals to 411. An appeal shall lie to the District Court—
the District
Court. (a) from any decision of the Judge in an appeal under section 406 by
4
which a rateable value [or a capital value, as the case may be,] is fixed, and
(b) from any other decision of the said Judge in an appeal under the
said section, upon question of law or usage having the force of law or the
construction of a document :
Provided that no such appeal shall be heard by the District Court unless
it is filed within one month from the date of the decision of the Judge.
Costs of 412. The costs of all proceedings in appeal under section 406 before the
proceedings in 5
appeal. Judge including those of arbitration under section 408 [* * * *] shall be
payable by such parties in such proportion as the Judge shall direct and the
amount thereof shall, if necessary, be recoverable as if the same were due
under a decree of a Court of Small Causes under the Provincial Small Causes IX of
1887.
Courts Act, 1887.
Unappealed 413. (1) Every rateable value 6[or the capital value, as the case may be,]
values and
taxes and fixed under this Act against which no complaint is made as hereinbefore
decisions on provided, and the amount of every sum claimed from any person under this
appeal to be Act on account of any tax, if no appeal therefrom is made as hereinbefore
final.
provided, and the decision of the Judge aforesaid upon any appeal against
any such value or tax if no appeal is made therefrom under section 411 and if
such appeal is made the decision of the District Court in such appeal shall be
final.
7
[(2) Where the decision of the said Judge is not final it shall be lawful
for the Commissioner to assess the property tax on the basis of the rateable
value or the capital value, as the case may be determined under rule 7 or 7A
of the TAXATION RULES in Chapter VIII of Schedule D from year to year,
Subject, however, to the provision of section 406.]
1
These words were inserted by Mah. 10 of 2010, s. 13 (a).
2
These words and figures were substituted for the words and figures “Arbitration Act, 1940”,
by Mah. 10 of 2010, s. 13(b).
3
These words were inserted by Mah. 10 of 2010, s. 15.
4
These words were substituted for the words “in excess of two thousand rupees” by Mah. 10 of
2010, s. 16.
5
The words and figures “and of valuation under section 409” were deleted by Mah. 10 of 2010, s. 17.
6
These words were inserted by Mah. 10 of 2010, s. 18.
7
Sub-section (2) was substituted by Mah. 10 of 2010, s. 18 (2).
1949 : LIX] Maharashtra Municipal Corporations Act 245
1 Assessment
[413A. (1) Notwithstanding anything contained in sections 406, 407, 408,
subject to
409, 410, 411, 412 and 413, every rateable or the capital value, as the case may valuation or
be, shall be subject to the valuation or revision by the Maharashtra Municipal revision by
Municipal
Property Tax Board established under section 3 of the Maharashtra Municipal Property Tax
Mah. Property Tax Board Act, 2011 (hereinafter referred to as “the Municipal Board.
XIV of
2011. Property Tax Board”).
(2) Notwithstanding anything contained in this Act, no appeal against
fixing of rateable value or the capital value, as the case may be, or tax fixed
or charged under this Act shall lie to the District Court, when the subject
matter of such rateable value, or the capital value or tax fixed or charged under
this Act is under consideration of the Municipal Property Tax Board and
where any such appeal is already preferred or reference under section 410 is
already made, the same shall, upon proceedings being initiated by the Board,
stand transferred to, and be dealt with by, the Municipal Property Tax Board.]
IV. Appeals to the Judge and the District Court.
414. Appeal shall lie to the Judge against the orders of the Appeals to
the Judge.
Commissioner in the following cases, namely :—
(1) an order declining to remove a shaft or pipe-under section 175 ;
(2) an order requiring a building to be set forward-under section 215 ;
(3) an order requiring the owner or occupier to repair, protect or
enclose a place found to be dangerous-under section 247 ;
(4) an order directing the demolition of an insanitary building-under
section 300 ;
(5) an order directing the demolition of an obstructive building–
under section 303 :
Provided that no such appeal shall lie unless it is filed within one month
from the date of the order of the Commissioner.
415. (1) On an appeal being made against a demolition order made under Appeals
against
section 300 or 303, the Judge may make such order either confirming or demolition
quashing or varying the order as he thinks fit, and he may, if he thinks fit, orders.
accept from an appellant any such undertaking as might have been accepted
by the Commissioner and any undertaking so accepted by the Judge shall have
the like effect as if it had been given to and accepted by the Commissioner
under section 300 :
Provided that Judge shall not accept from an appellant upon whom such
a notice as is mentioned in sub-section (1) of section 300 was served an
undertaking to carry out any work unless the appellant complied with the
requirements of sub-section (2) of that section.
(2) An appeal shall lie to the District Court from a decision of the Judge
on an appeal under this section, within one month of such decision, when the
2
rateable value [or the capital value, as the case may be,] entered in the
Commissioner’s assessment book in accordance with the provisions of this
Act, or the premises to which the demolition order appealed against wholly
3
or partially relates, [exceeds such amount as the State Government may, by
notification in the Official Gazette, specify].
1
Section 413A was inserted by Mah. 14 of 2011, s. 2, Schedule.
2
These words were inserted by Mah. 10 of 2010, s. 19(a).
3
These words were substituted for the words “exceed rupees two thousand” by Mah. 10 of 2010,
s. 19 (b).
H 610—34a
246 Maharashtra Municipal Corporations Act [1949 : LIX

(3) A decision passed by the Judge under this section, if an appeal does
not lie therefrom under sub-section (2), or if no appeal is filed, and, if an appeal
is filed, the decision of the District Court in appeal, shall be final.
(4) Any order against which an appeal might be brought under this section
shall, if no such appeal is brought, become operative on the expiration of the
period of twenty-one days mentioned in section 306, and shall be final and
conclusive as to any matters, which could have been raised on such appeal,
and any such order against which an appeal is brought shall, if and so far as
it is confirmed by the Judge, or the District Court, become operative as from
the date of the final determination of the appeal.
(5) For the purposes of this section, the withdrawal of an appeal shall be
deemed to be the final determination thereof, having the like effect as a
decision confirming the order appealed against and, subject as aforesaid, an
appeal shall be deemed to be finally determined on the date when the decision
of the District Court is given, or in a case where no appeal is brought to the
District Court, upon the expiration of the period within which such an appeal
might have been brought, or in a case where no appeal lies to the District
Court, on the date when the decision of the Judge is given.
Appeals 416. (1) An appeal shall lie to the District Court from a decision of the
against
decision of the Judge regarding the amount or payment of expenses for any work executed,
Judge when the amount of the claim in respect of which the decision is given exceeds
regarding
payment of
two thousand rupees :
expenses for
works Provided that no such appeal shall be heard by the District Court unless
executed. it is filed within one month from the date of the decision of the Judge.
(2) The decision of the Judge regarding the amount or payment of
expenses for any work executed, if no appeal is filed under this section, and,
if an appeal is filed, the decision of the District Court in such appeal shall be
final.
(3) When an appeal is filed under sub-section (1) in respect of a decision
regarding the amount or payment of expenses for any work executed, the
Commissioner shall defer proceedings for the recovery of the amount
determined under the said section to be due pending the decision of the
District Court and, after the decision, shall proceed to recover only such
amount, if any, as shall be thereby determined to be due.
Fees in 1
[416A. The State Government may, from time to time, by notification in
appeals
before District the Official Gazette, prescribe what fee, if any, shall be paid for an appeal to
Court. the District Court under section 411, 415 or 416 :
Provided that the District Court may, whenever it thinks fit, receive an
appeal by or on behalf of a poor person, without payment or on a part payment
of the prescribed fees :
Provided further that whenever an appeal made to the District Court is
settled by agreement of the parties before the hearing, half the amount of the
fees paid up shall be repaid by the District Court to the party by whom the
same may have been paid.]

1
This section was inserted by Bom. 45 of 1954, s. 2.
1949 : LIX] Maharashtra Municipal Corporations Act 247

V. Proceedings before Judge.

417. (1) If the owner of any building or land is prevented by the occupier Remedy of
owner of
thereof from complying with any provision of this Act or of any rule, regulation building or
or by-law or with any requisition made under this Act or under any such rule, land against
regulation or by-law in respect of such building or land, the owner may apply occupier who
prevents his
to the Judge. complying
with any
(2) The Judge, on receipt of any such application, may make a written provisions of
this Act.
order requiring the occupier of the building or land to afford all reasonable
facilities to the owner for complying with the said provision or requisition,
or to vacate the premises temporarily if the said provision or requisition
relates to any action under section 264, involving the safety or convenience
of such occupier, and may also, if he thinks fit, direct that the cost of such
application and order be paid by the occupier.
(3) After eight days from the date of such order, it shall be incumbent on
the said occupier to afford all such reasonable facilities to the owner for the
purpose aforesaid or to vacate the premises temporarily as shall be prescribed
in the said order; and in the event of his continued refusal so to do, the owner
shall be discharged, during the continuance of such refusal, from any liability
which he would otherwise incur by reason of his failure to comply with the
said provision or requisition.
(4) Nothing in this section shall affect the powers of the Commissioner
under any provision of this Act to cause any premises to be vacated.
418. (1) For the purposes of any inquiry or proceeding under this Act, Power to
summon
the Judge may summon and enforce the attendance of witnesses and compel witnesses and
them to give evidence and compel the production of documents, by the same compel
production of
means and, as far as is possible, in the same manner as is provided in the case documents.
IX of of a Court of Small Causes by or under the Provincial Small Cause Courts
1887.
Act, 1887, and in all matters relating to any such inquiry or proceeding the
Judge shall be guided generally by the provisions of the said Act so far as the
same are applicable.
(2) If, in any such inquiry or proceeding, the person against whom the
complaint or application has been made fails to appear, notwithstanding that
he has been duly summoned for this purpose, the Judge may hear and
determine the case in his absence.
(3) The costs of every such inquiry or proceeding as determined by the
Judge, shall be payable by such parties and in such proportions as the Judge
shall direct and the amount thereof shall, if necessary, be recoverable as if
the same were due under a decree of a Court of Small Causes constituted
IX of under the Provincial Small Cause Courts Act, 1887 :
1887.
Provided that, if such inquiry or proceeding relates to a dispute regarding
expenses declared to be improvement expenses by or under any provision of
this Act, the amount of the costs directed by the Judge to be paid by the owner
or occupier of the premises in respect of which or for the benefit of which the
improvement expenses were incurred shall be a charge on such premises and
may also be recovered in the manner prescribed in section 442.
248 Maharashtra Municipal Corporations Act [1949 : LIX
Fees in 1
419. (1) The [State] Government may, from time to time, by notification
proceeding
before the in the Official Gazette, prescribe what fee, if any, shall be paid:—
Judge.
(a) on any application, appeal or reference made under this Act to
the Judge; and
(b) previous to the issue, in any inquiry or proceeding of the Judge
under this Act, of any summons or other process :
Provided that the fees, if any, prescribed under clause (a) shall not, in
cases in which the value of the claim or subject-matter is capable of being
estimated in money, exceed the fees for the time being levied, under the
provision of the Provincial Small Cause Courts Act, 1887, in cases in which IX of
1887.
the value of the claim or subject-matter is of like amount.
1
(2) The [State] Government may, from time to time by a like notification
determine by what person any fee prescribed under clause (a) of sub-section
(1) shall be payable.
(3) No application, appeal or reference shall be received by the Judge,
until the fee, if any, prescribed therefor under clause (a) of sub-section (1)
has been paid.
Exemption of 420. The Judge may, whenever he thinks fit, receive an application,
poor persons
from fees. appeal or reference made under this Act, by or on behalf of a poor person,
and may issue process on behalf of any such person without payment or on a
part payment of the fees prescribed under section 419.
Repayment of 421. Whenever any application, appeal or reference made to the Judge
half fees on
settlement under this Act is settled by agreement of the parties before the hearing, half
before the amount of all fees paid up to that time shall be repaid by the Judge to the
hearing.
parties by whom the same have been respectively paid.
VI. Appointment of Magistrates.
Appointment 1
422. (1) The [State] Government may with the consent of the
of a
Magistrate of Corporation create one or more posts of Magistrates of the First Class for
the First the trial of offences against this Act, or against any rule, regulation or by-law
Class.
made thereunder and may appoint any person to such post and may also
appoint such ministerial officers for the court of any such Magistrate as it
may think necessary :
Provided that notwithstanding the appointment of one or more
Magistrates of the First Class under this section it shall be open to the District
Magistrate subject to the rules for the time being in force under section 17 of
the *Code of Criminal Procedure, 1898, regulating the distribution of business V of
in the Courts of Magistrates of the First Class to make such distribution of 1898.
the work of trial of such offences and of all other work before the Courts of
the Magistrates (including any appointed under this section) as may appear
to him most conducive to efficiency.
(2) Such Magistrate or Magistrates and their establishments shall be paid
such salary, pension, leave allowances and other allowances as may, from time
1
to time, be fixed by the [State] Government.

1
This word was substituted for the word “ Provincial “ by the Adaptation of Laws Order, 1950.
* Now see Code of Criminal Procedure, 1973 (2 of 1974).
1949 : LIX] Maharashtra Municipal Corporations Act 249

(3) The amounts of the salary and other allowances as fixed under
sub-section (2), together with all other incidental charges shall be reimbursed
1
to the [State] Government by the Corporation, who shall also pay to the
1
[State] Government such contribution towards the pension, leave and other
allowances of such Magistrate or Magistrates and their establishment as may
1
from time to time be fixed by the [State] Government :
1
Provided that the [State] Government may, with the concurrence of the
Corporation, direct that in lieu of the amounts payable under this section the
1
Corporation shall pay to the [State] Government annually, on such date as
1
may be fixed by the [State] Government in this behalf, such fixed sum as may
1
be determined by the [State] Government in this behalf.
VII. References to Magistrates.
423. In the following matters references shall be made to a Magistrate References to
Magistrates.
of the First Class having jurisdiction within the limits of the City :—
(a) the abatement of overcrowding—under section 307 ;
(b) the detention of a person suffering from a dangerous disease in a
public hospital under the rules.
424. (1) Any animal and any article not of a perishable nature and any Disposal of
animals and
utensil or vessel seized under section 338 shall be forthwith taken before a articles of non-
Magistrate of the First Class. perishable
nature seized
under section
338.
(2) If it shall appear to such Magistrate that any such animal or article is
diseased, unsound or unwholesome or unfit for human consumption, as the
case may be, or is not what it was represented to be or that such utensil or
vessel is of such kind or in such state as to render any article prepared,
manufactured or contained therein unwholesome or unfit for human
consumption, he may, and, if it is diseased, unsound, unwholesome or unfit
for human consumption, he shall cause the same to be destroyed, at the charge
of the person in whose possession it was at the time of its seizure, in such
manner as to prevent the same being again exposed or hawked about for sale
or used for human consumption, or for the preparation or manufacture of, or
for containing any such article as aforesaid.
425. In every case in which food, on being dealt with under section 424, Penalty for
possessing
appears to the Magistrate to be diseased, unsound or unwholesome or unfit food which
for human consumption, the owner thereof or the person in whose possession appears to be
diseased,
it was found, not being merely bailee or carrier thereof, shall, on conviction, unsound or
XLV of if in such case the provisions of section 273 of the Indian Penal Code do not unwholesome
1860. apply, be punished with fine which may extend to five hundred rupees. or unfit for
human food.

426. In all prosecutions under section 425 the Magistrate shall refuse Application
for summons
to issue a summons for the attendance of any person accused of an offence to be refused
against such section, unless the summons is applied for within a reasonable if not applied
for within a
time from the alleged date of the offnece of which such person is accused. reasonable
time.
1
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
250 Maharashtra Municipal Corporations Act [1949 : LIX

VIII. Proceedings before Magistrates and the Sessions Court.

1
Cognizance of 427. (1) [(a)] Offences for the contravention of sections 60, 61 and 325
offences.
shall be cognizable.
2
[(b) Offences under sections 397A shall be cognizable and bailable.]
(2) Notwithstanding anything contained in the *Code of Criminal V of
1898.
Procedure, 1898, all offences against the Act, or against any rule, regulation
or bye-law whether committed within or without the City, shall be congnizable
by a Magistrate of the First Class having jurisdiction in the City and no such
Magistrate shall be deemed to be incapable of taking cognizance of any such
offence or of any offence against any enactment hereby repealed, by reason
only of his being liable to pay any municipal tax or of his being benefited by
the Municipal Fund.
(3) Notwithstanding anything contained in section 200 of the said Code,
it shall not be necessary in respect of any offence against this Act or any rule,
regulation or bye-law made thereunder, to examine the complainant when
the complaint is presented in writing.
Limitation of 428. No Magistrate shall take cognizance of any offence punishable
time within under this Act, or any rule, regulation or bye-law, unless complaint of such
which
complaints of offence is made before him,—
offences (a) within six months next after the date of the commission of such
punishable
under this Act offence ; or
shall be (b) if such date is not known or the offence is a continuing one within
entertained.
six months next after the commission or discovery of such offence.
Power of 429. If any person summoned to appear before a Magistrate to answer
Magistrate to a charge of an offence punishable under this Act or any rule, regulation or
hear cases in
absence of bye-law fails to appear at the time and place mentioned in the summons, and
accused. if service of summons is proved to the satisfaction of the Magistrate and no
sufficient cause is shown, for the non-appearance of such person the
Magistrate may hear and determine the case in his absence.
Report of 430. Any document purporting to be a report under the hand of the
Chemical
Analyser to Chemical Analyser to Government upon any article duly submitted to him
Government. for analysis may be used as evidence of the facts therein stated in any inquiry
or prosecution under this Act.
Complaint 431. (1) Any person who resides in the City may complain to a
concerning
nuisances.
Magistrate of the First Class having jurisdiction therein of the existence of
any nuisances or that in the exercise of any power conferred by section 156,
157, 175, 176, 177, 249 or 292 more than the least practicable nuisance has
been created.
(2) Upon receipt of any such complaint, the Magistrate after making such
inquiry as he thinks necessary, may, if he sees fit, direct the Commissioner,—
(a) to put in force any of the provisions of this Act or of any rule,
regulation or bye-law or to take such measures as to such Magistrate
shall seem practicable and reasonable for preventing, abating,
diminishing or remedying such nuisance ;
(b) to pay to the complainant such reasonable costs of and relating to
the said complaint and order as the said Magistrate shall determine,
inclusive of compensation for the complainant’s loss of time in prosecuting
such complaint.
1
The existing sub-section (1) was re-numbered as clause (a) by Mah. 2 of 2012, s. 16.
2
Clause (b) was inserted by Mah. 2 of 2012, s.16.
*
See now Code of Criminal Procedure, 1973 (2 of 1974).
1949 : LIX] Maharashtra Municipal Corporations Act 251

(3) Subject to the provisions of section 432 it shall be incumbent on the

Commissioner to obey every such order.
(4) Nothing in this Act contained shall interfere with the right of any
person who may suffer injury or whose property may be injuriously affected
by any act done in the exercise of any power conferred by section 156, 157,
175, 176, 177, 249 or 292 to recover damages for the same.
432. (1) An appeal shall lie to the Sessions Court from an order passed Appeal to the
Sessions
by a Magistrate under section 431 within one month of the date thereof. Court from
(2) The Sessions Court may, when disposing of an appeal under order passed
under section
sub-section (1), direct by whom and in what proportions, if any, the costs of 431.
the appeal are to be paid, and costs so directed to be paid may, on application
to a Magistrate of the First Class having jurisdiction in the City, be recovered
by him, in accordance with the direction of the Sessions Court, as if they were
a fine imposed by himself.
(3) When an appeal has been preferred to the Sessions Court under this
section the Commissioner shall defer action upon the order of the Magistrate
until such appeal has been disposed of and shall thereupon forthwith give
effect to the order passed in such appeal by the Sessions Court, or, if the
order of the Magistrate has not been disturbed by the Sessions Court, then
to his order.
(4) The Sessions Court may, from time to time, make rules for regulating
the admission of appeals under sub-section (1) and the procedure to be
followed in the adjudication thereof.
IX. Arrest of offenders.
433. (1) Any police officer may arrest any person who commits in his Offenders
against this
view any offence against this Act or against any rule, regulation or by- law, if Act may in
the name and address of such person be unknown to him, and if such person, certain cases
be arrested by
on demand, declines to give his name and address or gives a name and address police officers.
which such officer has reason to believe to be false.
1
[(2) No person so arrested shall be detained in custody after his true
name and address are ascertained or,without the order of the 2[nearest
Judicial Magistrate], for a longer period than twenty-four hours from the time
of arrest exclusive of the time necessary for the journey from the place of
arrest to the Court of such Magistrate].
X. Miscellaneous.
3
[433A. Save as otherwise provided in this Act, any notice issued, Bar of
jurisdiction.
order passed or direction issued by the Designated Officer, under section
260, 261, 264, 267 or 478 shall not be questioned in any suit or other legal
proceedings.]
434. (1) Save as expressly provided by this Chapter the provisions of Code of Civil
Procedure to
V of the Code of Civil Procedure, 1908 relating to appeals from original decrees, apply.
1908.
shall apply to appeals to the Judge from the orders of the Commissioner
and relating to appeals from appellate decrees shall apply to appeals to the
District Court.
1
Sub-section (2) was substituted for the original by the Adaptation of Laws Order, 1950.
2
These words were substituted for the words “ nearest Magistrate ” by Bom. 8 of 1954, s. 2,
Schedule—Part III.
3
Section 433A was inserted by Mah. 2 of 2012, s. 17.
H 610—35
252 Maharashtra Municipal Corporations Act [1949 : LIX

(2) All other matters for which no specific provision has been made under
this Act shall be governed by such rules as the 1[State] Government may from
time to time make after consultation with the High Court.
Limitation. 435. (1) In computing the period of limitation prescribed for an appeal
or application referred to in this Chapter, the provisions of sections 5, 12 and
14 of the Indian Limitation Act, 1908, shall, so far as may be, apply. IX of
1908.
(2) When no time is prescribed by this Act for the presentation of an
appeal, application or reference, such appeal or application shall be presented
or reference shall be made within thirty days from the date of the order in
respect of or against which the appeal, application or reference is presented
or made.
Execution of 436. (1) All orders of the Judge shall be executed in the same manner
orders of the
Judge and as if they were decrees of the Court of Small Causes passed under the IX of
1887.
District Provincial Small Causes Court Act, 1887;
Judge.
(2) All orders of the District Judge shall be executed as if they were the
decrees of the District Court.
Criminal 437. The provisions of the *Code of Criminal Procedure, 1898, shall, V of
Procedure 1898.
Code to apply so far as may be, apply to all inquiries and proceedings under this Act before
to all the Magistrate.
inquiries and
proceedings
before
Magistrates.

CHAPTER XXVII.

RECOVERY OF MUNICIPAL DUES OTHER THAN TAXES.

Recovery of 438. (1) The expenses incurred by the Commissioner in effecting any
expenses of
removals by removal under section 60, section 231 or sub-section (3) of section 239, or,
Commissioner in the event of a written notice issued under sub-section (2) of section 226
under certain
sections. or sub-section (3) of section 227 or section 232 or sub-section (3) of section
244 or sub-section (3) of section 245 or section 264 or section 308 not being
complied with, under section 479, and all other expenses and charges
specified in sub-section (2), if any, shall, subject to the provisions of
sub-section (2), be recoverable by the sale of the materials removed, and if
the proceeds of such sale do not suffice, the balance shall be paid by the
owner of the said materials.
(2) If the expenses of removal are in any case paid before the materials
are sold, the Commissioner shall restore the materials to the owner thereof,
on his claiming the same at any time or before they are sold or otherwise
disposed of, and on his paying all other expenses, if any, incurred by the
Commissioner in respect thereof or in respect of the intended sale or
disposal thereof and all such charges, if any, as the Commissioner may fix
for the storage of the materials.

1
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
*
See now the Code of Criminal Procedure, 1973 (2 of 1974).
1949 : LIX] Maharashtra Municipal Corporations Act 253

(3) If the materials are not restored to the owner thereof under
sub-section (2) they shall be sold by auction or otherwise disposed of as the
Commissioner thinks fit:
Provided that, if the materials are perishable, they may be sold or
disposed of forthwith, and, if other than perishable, they shall be sold or
disposed of as soon as conveniently may be after one month from the date of
their removal whether the expenses of the removal and the charges, if any,
for storage have in the meantime been paid or not and the proceeds, if any, of
the sale or other disposal, shall, after defraying therefrom the costs of the
sale or other disposal, and, if necessary, of the removal and the charges for
storage, be paid to the credit of the Municipal Fund, and shall be the property
of the Corporation.
439. (1) Whenever under this Act, or any rule, regulation or by-law, Expenses
recoverable
the expenses of any work executed or of any measure taken or thing done by under the Act
or under the order of the Commissioner or of any municipal officer empowered to be payable
under section 69 in this behalf are payable by any person, the same shall be on demand,
and if not
payable on demand. paid on
demand may
(2) If not paid on demand, the said expenses shall be recoverable by the be recovered
Commissioner, subject to the provisions of sub-section (4) and sub-section (3) as arrear of
property tax.
of section 416 by distress and sale of the moveable property or attachment
and sale of the immovable property of the defaulter, as if the amount thereof
were a property-tax due by the said defaulter.
(3) If, when the Commissioner demands payment of any expenses under
sub-section (1), his right to demand the same or the amount of the demand is
disputed, or if, in the case of expenses incurred by the Commissioner in taking
temporary measures under sub-section (2) of section 247, the necessity for
such temporary measures is disputed, the Commissioner shall refer the case
for the determination of the Judge.
(4) Pending the Judge’s decision the Commissioner shall defer further
proceedings for the recovery of the sum claimed by him, and, after decision,
shall, subject to the provisions of section 416, proceed to recover only such
amount, if any, as shall be thereby determined to be due.
440. If the said expenses are due in respect of some work executed or If defaulter is
owner of
thing done to, upon or in connection with, some building or land or of some premises in
measure taken with respect to some building or land or in respect of a private respect of
street and the defaulter is the owner of such building or land of the premises which
expenses are
fronting or adjoining such street or abutting thereon, as the case may be, the payable,
amount thereof may be demanded from any person who at any time, before occupier to be
also liable for
the said expenses have been paid, occupies the said building, land or premises payment
under the said owner ; and in the event of the said person failing to pay the thereof.
same, they may be recovered, by distress and sale of the moveable property
or the attachment and sale of the immovable property of the said person, as
if the amount thereof were a property tax due by him :
Provided as follows, namely :—
(a) unless the said person neglects or refuses at the request of the
Commissioner, truly to disclose the amount of the rent payable by him in

H 610—35a
254 Maharashtra Municipal Corporations Act [1949 : LIX

respect of the said building or premises and the name and address of the
person to whom the same is payable, the said person shall not be liable to
pay on account of the said expenses any larger sum than, upto the time of
demand, is payable by him to the owner on account of rent of the said building,
land or premises ; but it shall rest upon the said person to prove that the
amount of the expenses demanded of him is in excess of the sum payable by
him to the owner ;
(b) the said persons shall be entitled to credit in account with the owner
for any sum paid by or recovered from him on account of the said expenses;
(c) nothing in this section shall affect any agreement made between the
said person and the owner of the building, land or premises in his occupation
respecting the payment of the expenses of any such work, thing or measure
as aforesaid.
Commissioner 441. Instead of recovering any such expenses as aforesaid in any
may agree to
receive manner hereinbefore provided, the Commissioner may, if he thinks fit and
payment of with the approval of the Standing Committee, take an agreement from the
expenses in
instalments. person liable for the payment thereof, to pay the same in instalments of such
amounts and at such intervals as will secure the payment of the whole amount
due, with interest thereon, at such rate not exceeding nine per centum per
annum as the Standing Committee may fix from time to time, within a period
of not more than five years.
Certain 442. (1) Any expenses incurred by the Commissioner under any
expenses may
be declared to provision of this Act in respect of any material or fittings supplied or work
be executed or thing done to, upon or in connection with some building or land
improvement
expenses. which are recoverable from the owner or occupier of such building or land
may, subject to the regulations be declared to be improvement expenses if
the Commissioner with the approval of the Corporation, thinks fit so to declare
them, and on such declaration being made, such expenses, together with
interest thereon payable under sub-section (2), shall be a charge on the
premises in respect of which, or for the benefit of which, the expenses have
been incurred.
(2) Improvement expenses shall be recoverable in instalments of such
amount not being less for any premises than twelve rupees per annum, and
at such intervals as will suffice to discharge such expenses, together with
interest thereon at such rate not exceeding six per centum per annum as the
Standing Committee may fix from time to time, within such period not
exceeding thirty years as the Commissioner with the approval of the
Corporation may in each case determine.
(3) The said instalments shall be payable by the occupier of the premises
on which the expenses and interest thereon are so charged or, in the event of
the said premises becoming unoccupied at any time before the expiration of
the period fixed for the payment of such expenses or before the sum, with
interest as aforesaid, are fully paid off, by the owner for the time being of the
said premises, so long as the same continued to be unoccupied.
1949 : LIX] Maharashtra Municipal Corporations Act 255

443. (1) Where the occupier by whom any improvement expenses are Proportion of
improvement
paid holds the premises on which the expenses together with interest thereon expenses may
are charged, at a rent not less than the rack-rent, he shall be entitled to deduct be deducted
from rent.
three-fourths of the amount paid by him on account of such expenses and
interest thereon as aforesaid from the rent payable by him to his landlord,
and, if he holds at a rent less than the rack-rent, he shall be entitled to deduct
from the rent so payable by him such proportion of three-fourths of the amount
paid by him on account of such expenses and interest thereon as aforesaid as
his rent bears to the rack-rent.
(2) If the landlord from whose rent any deduction is so made is himself
liable to the payment of rent for the premises in respect of which the deduction
is made and holds the same for a term of which less than twenty years is
unexpired (but not otherwise), he may deduct from the rent so payable by him
such proportion of the sum deducted from the rent payable to him as the rent
payable by him bears to the rent payable to him, and so in succession with
respect to every landlord (holding for a term of which less than twenty years
is unexpired) of the same premises both receiving and liable to pay rent in
respect thereof :
Provided that nothing in this section shall be construed to entitle any
person to deduct from the rent payable by him more than the whole sum
deducted from the rent payable to him.
444. At any time before the expiration of the period for the payment of Redemption
of charge for
any improvement expenses together with interest thereon, the owner or improvement
occupier of the premises, on which they are charged may redeem such charge expenses.
by paying to the Commissioner such part of the said expenses and such
interest due, if any, as may not have been already paid or recovered.
445. Any instalment payable under section 441 or 442 which is not paid Recovery of
when the same becomes due, may be recovered by the Commissioner by instalments
due under
distress and sale of the movable property or the attachment and sale of the sections 441
immovable property of the person by whom it is due as if it were a property- and 442.

tax due by the said person.

446. Whenever the owner of any building or land fails to execute any In default of
owner the
work which he is required to execute under this Act or under any rule, occupier of
regulation or by-law the occupier, if any, of such building or land may, with any premises
may execute
the approval of Commissioner, execute the said work, and he shall be entitled required work
to recover the reasonable expenses incurred by him in so doing from the onwer and recover
expenses from
and may without prejudice to any other right of recovery deduct the amount the owner.
thereof from rent which from the time to time becomes due by him to the
owner.
447. Instead of proceeding in any manner aforesaid for the recovery of Persons liable
for expenses
any expenses or compensation of which the amount due has been ascertained or
as hereinbefore provided, or after such proceedings have been taken compensation
may be sued
unsuccessfully or with only partial success, the sum due, or the balance of for recovery
the sum due, as the case may be, may be recovered by a suit brought against thereof.
the person liable for the same in any Court of competent jurisdiction.
256 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XXVIII.

CONTROL.

Power of 1
448. (1) If it shall at any time appear to the [State] Government upon
1
[State]
Government complaint or otherwise that default has been made in the performance of any
to require duty imposed on any of the municipal authorities by or under this Act or by
performance 1
of duties in or under any enactment for the time being in force, the [State] Government
default of any may, if satisfied after due inquiry that the alleged default has been made,
municipal
authority. make an order prescribing a period for the performance of that duty :
1
Provided that, except in any case which appears to the [State] Government
be one of emergency, no such order shall be made until after the expiry of one
month from the date of service of a written notice on the Corporation, and if
1
the [State] Government shall think fit, on the Commissioner, requiring cause
to be shown why such order should not be made, nor until the cause, if any, so
1
shown has been considered by the [State] Government.
(2) If the duty is not performed within the period prescribed in an order
1
made under sub-section (1), the [State] Government may appoint some
person to perform the same and may direct that the expense of performing
such duty, together with such reasonable remuneration to the person
1
performing the same as the [State] Government shall determine and the cost
of the proceedings under this section shall be paid out of the Municipal Fund.
Expenses of 449. (1) When any such order as is mentioned in sub-section (2) of
measures
enforced section 448, shall have been made, the Corporation shall cause to be paid to
under section 1
the [State] Government the sum or sums of money of which payment shall
448 how to be
recovered. from time to time be required, in pursuance of the said order, in any
1
requisition made by the [State] Government.
(2) If, within fourteen days from the delivery of any such requisition, the
1
same is not complied with, the [State] Government may by a written order
authorise and direct some person to receive from the bank in which Municipal
Fund is lodged the sum or sums mentioned in the said order.
(3) The said bank shall, upon production of the said written order,
forthwith pay the said sum or sums to the person therein authorised to receive
the same and the said written order shall be a sufficient discharge to the said
bank from all liability to the Corporation in respect of any sum or sums so
paid by it out of the Municipal Fund.
1
Power to 450. (1) The [State] Government may at any time call upon the
1
[State]
Government Corporation to furnish it with any extract from any proceedings of the
to call for Corporation, the Standing Committee, the Transport Committee or any other
extracts from
proceedings, committee constituted under this Act or from any record under the control
etc. of the Corporation and with any statistics concerning or connected with
administration of this Act ; and the Corporation shall furnish the same
without unreasonable delay.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 257
1
(2) The [State] Government may at any time call upon the Commissioner
or the Transport Manager to furnish it with any information, report,
explanation or statistics conerning or connected with the executive
administration of this Act so far as each is concerned, and the Commissioner
or the Transport Manager, as the case may be, shall furnish the same without
unreasonable delay.
2
[450A. Notwithstanding anything contained in this Act, the State Power of State
Government may issue to the Corporation general instructions as to matters Government
to issue
of policy to be followed by the Corporation in respect of its duties and instructions
functions, and in particular it may issue directions in the larger public interest or directions.
or for implemenation of the policies of the Central Government or the State
Government and the National or the State level programmes, projects and
schemes. Upon the issue of such instructions or directions it shall be the duty
of the Corporation to give effect to such instructions or directions :
Provided that, the State Government shall, before issuing any
instructions or directions under this section, give an opportunity to the
Corporation to make representation within fifteen days as to why such
instructions or directions shall not be issued. If the Corporation fails to
represent within fifteen days or, after having represented, the State
Government, on considering the representation, is of the opinion that
issuing of such instructions or directions is necessary, the State
Government may issue the same].
3
[451. (1) If the State Government is of opinion that the execution of Power of
State
any resolution or order of the Corporation or any other authority or that the
Government
doing of any act which is about to be done or is being done by or on behalf of to suspend
the Corporation of such authority is in contravention of or in excess of the or rescind
any
powers conferred by or under this Act or any other law for the time being resolution
force, or is likely to lead to a breach of the peace or to cause injury or or order,
etc. of
annoyance to the public or any class or body of persons, or is likely to lead to Corporation
abuse or misuse of or to cause waste of municipal funds against the interest or other
4 authority
of the public [or is likely to be against the financial interest of the Corporation in certain
or against larger public interest] the State Government may, by order in cases.
writing, suspend the execution of such resolution or order or prohibit the doing
of any such act, for such period or periods as it may specify therein. A copy of
such order shall be sent forthwith by the State Government to the Corporation
and to the Commissioner or the Transport Manager.
(2) On receipt of a copy of the order as aforesaid, the Corporation or
Commissioner or Transport Manager may, if it or he thinks fit, make a
representation to the State Government against the said order.
(3) The State Government may, after considering any representation
received from the Corporation or Commissioner or Transport Manager and
where no such representation is received within a period of thirty days, either
cancel, modify or confirm the order made by it under sub-section (1) or take

1
This word substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
Section 450A was inserted by Mah. 9 of 2011, s. 5.
3
Section 451 was substituted for the original by Mah. 27 of 1975, s. 6.
4
These words were inserted by Mah. 32 of 2011, s. 29.
258 Maharashtra Municipal Corporations Act [1949 : LIX

such other action in respect of the matter as may in its opinion be just or
expedient, having regard to all the circumstance of the case. Where any order
made under sub-section (1) is confirmed the State Government may direct
that the resolution or order of the Corporation or its authority in respect of
which suspension order was made under sub-section (1) shall be deemed to
be rescinded.
(4) Where any order is made by the State Government under sub-section
(3), it shall be the duty of every Councillor and the Corporation and any other
authority or officer concerned to comply with such order.
[Power of
1
452. (1) If at any time upon representation made or otherwise it
State 2
Government
appears to the [State] Government that the Corporation is not competent
to dissolve to perform, or persistently makes default in the performance of, the duties
Corporation.]
imposed upon it by or under this Act or any other law for the time being in
2
force or exceeds or abuses its powers, the [State] Government may, after
having given the Corporation an opportunity to show cause why such order
should not be made, by an order published, with the reasons therefor, in
3
the Official Gazette [dissolve the Corporation with effect from the date to
be specified in the order].
4
(2) [With effect from the date specified in the order passed under
sub-section (1) or with effect from the date on which the Corporation stands
dissolved under the proviso to article 243-ZF] :—
5
(a) * * * * * * *
5
(b) * * * * * * *
6
[(c) all powers and duties of the Corporation, the Standing
Committee, the Transport Committee and all other committees
constituted under the Act, shall, during the period of dissolution be
exercised and performed by such Government Officer or Officers as the
State Government may, from time to time, appoint in this behalf;]
7
[(d) on dissolution of the Corporation all the property vested in the
Corporation shall vest in the State Government;]
(e) the person or persons appointed under clause (c) may delegate
his or their powers and duties to an individual or a committee or
sub-committee.

1
The marginal note was substituted by Mah. 41 of 1994, s. 74(e).
2
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
3
These words were substituted for the portion begining with the words “ direct that the
Corporation” and ending with the words “ superseded under this section. ” by Mah. 41 of 1994,
s. 74 (a).
4
This portion was substituted for the words, brackets and figures “ when an order is made
under sub-section (1)” by Mah. 41 of 1994, s. 74 (b)(i).
5
Clauses (a) and (b) were deleted by Mah. 41 of 1994, s. 74 (b)(ii).
6
Clause (c) was substituted by Mah. 41 of 1994, s. 74 (b)(iii).
7
Clause (d) was substituted by Mah. 41 of 1994, s. 74 (b)(iv).
1949 : LIX] Maharashtra Municipal Corporations Act 259
1
[(f) The Government Officer or Officers appointed under clause (c)
and the individual or the members of the committee or sub-committee
referred to in clause (e) shall receive such remuneration from the
Municipal Funds as the State Government may from time to time
determine.]
2
(3) * * * * * * *
3
(4) The Corporation shall be [re-constituted by election of councillor at
general ward elections within the time specified for the purpose in clause (b)
of section 6B] :
Provided that the person or persons appointed under clause (d) of
sub-section (2) shall continue to exercise the powers and perform the duties
of the Corporation, the Standing Committee and, as the case may be, the
Transport Committee until the first meeting of the Corporation constituted
by the election of councillors as aforesaid shall have been held.
4 Power of
[452A. (1) For every Municipal Corporation deemed to have been
State
constituted or constituted for a larger urban area under sub-section (1) or sub- Government
section (2) as the case may be, of section 3, the State Government may appoint to appoint
Government
a Government officer or officers to exercise all the powers and to perform all
officer or
the functions and duties of Corporation under this Act: officers to
exercise
Provided that an Administrator appointed by the State Government powers and
before the 31st May 1994 under the provisions of this Act, as it existed perform
functions and
immediately before the 31st May 1994, for a Municipal Corporation deemed duties of
to have been constituted for a larger urban area under sub-section (1) of Corporation.
section 3 who is in office on the said date, shall be deemed to be the
Government officer appointed under this sub-section to exercise all the powers
and perform all the functions and duties of the said Corporation under this
Act.
(2) The officer or officers appointed under sub-section (1) shall hold
office until the first meeting of the Corporation or for a period of six months
from the date of specification of an area as a larger urban area, under sub-
section (2) of section 3, whichever is earlier :
Provided that the Administrator deemed to have been appointed as the
Government officer under sub-section (1) shall hold office until the first
meeting of the Corporation.
(3) The officer or officers appointed or deemed to have been appointed
under sub-section (1) shall receive from the Municipal Fund such pay and
allowances as may be determined, from time to time, by the State
Government.]

1
Clause (f) was added by Mah. 41 of 1994, s. 74 (b)(v).
2
Sub-section (3) was deleted by Mah. 41 of 1994, s. 74 (c).
3
These words were substituted for the portion begining with the words
“re-established on” and ending with the words “the provisions of this Act” by Mah. 41 of 1994,
s. 74 (d).
4
Section 452A was substituted by Mah. 4 of 1995, s. 2.
H 610—36
260 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XXIX.

RULES, BY-LAWS, REGULATIONS AND STANDING ORDERS.

1
Rules in 453. The Rules in [Schedule D] as amended from time to time shall be
Schedule to be
part of the deemed to be part of this Act.
Act.
Alteration of 2
454. The Corporation may add to [Schedule D] Rules not inconsistent
and additions
to Schedule. with the provisions of this Act (which expression shall in this section be
deemed not to include the said Schedule) to provide for any matter dealt with
or for any of the purposes specified in the said Schedule; and may, subject to
the same limitations, amend, alter or annul any rule in the said Schedule :
Provided that, if any rule regulating the punishment of an offence is
altered or amended, the punishment awarded under such altered or amended
rule shall not exceed the maximum provided in section 468.
Power to 455. (1) The power to make, add to, alter or rescind any rule under
make rules 3
subject to section 454 shall be subject to the sanction of the [State] Government and to
sanction of the condition of the rules being made after previous publication.
3
[State]
Government. (2) All rules made under section 454 shall be finally published in the
Official Gazette, and shall thereupon have effect as if enacted in this Act.
(3) In addition to the publication required under sub-sections (1) and (2),
the Corporation may determine in each case what further publication, if any,
is required for rules made or proposed to be made.
3
Power of 456. (1) The [State] Government may at any time require the
3
[State]
Government Corporation to make rules under section 454 in respect of any purpose or
to make rules. matter specified in section 457.
(2) If the Corporation fails to comply with such requisition within such
3 3
reasonable time as may be fixed by the [State] Government, the [State]
Government may, after previous publication, make such rules and the rules
so made shall, on final publication in the Official Gazette, have effect as if
enacted in this Act.
Special power 4
[456A. (1) Notwithstanding anything contained in sections 454 and 456,
of State
Government the State Government may, by notification in the Official Gazette, make rules
to make rules. consistent with the provisions of this Act generally to carry out all or any of
the purposes of this Act. Such rules may provide for charging of fees for any
of the purposes of this Act:
5
[Provided that, no rules in respect of any matter relating to the
preparation of electoral rolls and conduct of elections shall be made without
consultation with the State Election Commissioner.]

1
The word and letter were substituted for the words “‘ the Schedule” by Mah. 3 of 1996, s.6.
2
The word and letter were substituted for the words “the Schedule” by Mah. 3 of 1996, s.7.
3
This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
4
Section 456A was inserted by Mah. 41 of 1994, s.76.
5
This proviso was added by Mah. 5 of 1995, s.5.
1949 : LIX] Maharashtra Municipal Corporations Act 261

(2) All rules made under this section shall be subject to the condition of
previous publication :
1
[Provided that, if the State Government is satisfied that circumstances
exist which render it necessary to take immediate action, it may dispense
with the requirement of previous publication of the rules to be made under
this section, for the purposes of conduct of elections, under this Act.]
(3) Every rule made under this section shall be laid as soon as may be
after it is made, before each House of the State Legislature while it is in session
for a total period of thirty days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it is
so laid or the session immediately following both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
and notify such decision in the Official Gazette, the rule shall from the date
of publication of such notification have effect only in such modified form or
be of no effect, as the case may be, so however that any such modification or
annulment shall be without prejudice to the validity of anything previously
done or omitted to be done under that rule.]
457. In particular, and without prejudice to the generality of the powers Matters in
respect of
conferred by section 454, rules made thereunder may provide for or regulate which rules
all or any of the following purposes and matters, namely :– may be made.

(1) Ward elections .—

2
* * * * * * * *
3
[(b) the maintenance of the Municipal Election Roll and the
preparation, publication and sale of copies thereof ;]
(c) the nomination of candidates, the form of nomination papers,
objections to such nominations, and the taking and return of deposits from
and to candidates ;
(d) the date, time and place of ward elections and the management
of contested ward elections ;
4
* * * * * * * *
(f) the mode of voting and the form of ballot paper ;
(g) the counting of votes, the declaration of results and the procedure
incase of equality of votes or in the event of a councillor being elected to
represent more than one ward ;
(h) the custody and disposal of papers relating to ward elections ;
(i) any other matter relating to ward elections for which it may be
expedient to provide.
(2) Proceedings of Corporation and Committees and conduct of business.—
(a) the time and place of meetings of the Corporation, committees
and sub-committees ;
1
This proviso was added by Mah. 8 of 2002, s. 7.
2
Clause (a) was deleted by Mah. 20 of 1980, s. 10.
3
Sub-clause (b) was substituted for the original by Mah. 34 of 1965, s. 9(b).
4
Sub-clause (e) was deleted by Mah. 34 of 1965, s. 9(c).
H 610—36a
262 Maharashtra Municipal Corporations Act [1949 : LIX

(b) the manner in which notice of such meetings shall be given ;

(c) the quorum necessary for the transaction of business at such
meetings ;
(d) the management and adjournment of such meetings, and the
regulation of orderly conduct of business thereat, including the
withdrawal or suspension of members guilty of disorderly conduct ;
(e) the submission, asking and answering of questions at meetings
of the Corporation ;
(f) the constitution of Special Committees ;
(g) the keeping of minutes and the submission of reports of meetings
of the Corporation, committees and sub-committees ;
(h) the delegation of the powers of the Standing Committee to
sub-committees ;
(i) the payment of conveyance charges to the Chairman and
Members of the Transport Committee for attendance at meetings
thereof ;
(j) any other matter relating to the proceedings of the Corporation,
a committee or a sub-committee, the holding and regulation of meetings,
the conduct of debate, the inspection of minute-books and the supply of
copies of minutes to Councillors or other persons on payment of fees or
otherwise.
(3) Municipal Officers and Servants.—(a) The qualifications necessary
for and the method of appointment to posts the power of appointment to which
vests in the Corporation ;
(b) the mode of appointment to other posts ;
(c) the powers and duties of the Municipal Chief Auditor and
his staff ;
(d) the determination of the services under the Municipality to be
treated as essential services for the purposes of Chapter V.
(4) Contracts.—(a) The manner in which contracts may be executed ;
(b) the security to be demanded for the due performance of
contracts ;
(c) the calling, examination and acceptance of tenders ;
(d) the procedure to be followed in disposing of the property of the
Corporation ;
(5) Special Funds.—The constitution, maintenance and disposal of special
funds within the Municipal Fund or the Transport Fund.
(6) Budget Estimates.—(a) The classification of budget estimates of
expenditure according to budget heads ;
(b) the manner of making reductions in or transfers from one budget head
to another or within a budget head.
(7) Municipal Taxes.—(a) The assessment and recovery of municipal
taxes ;
(b) the conditions on which refunds of municipal taxes shall be
allowed ;
(c) in respect of a tax leviable under sub-section (2) of section 127,
the matters referred to in sub-section (1) of section 149.
(8) Drainage.—(a) The construction, maintenance, improvement,
alteration and discontinuance of drains ;
1949 : LIX] Maharashtra Municipal Corporations Act 263

(b) the conditions and restrictions to be observed with reference to

drains ;
(c) the conditions for connections with municipal drains ;
(d) the conditions on which occupiers of trade-premises may
discharge any trade effluent into municipal drains ;
(e) the conditions to be observed in erecting or affixing ventilation
shafts or pipes under section 175 ;
(f) the manner in which samples of trade-effluent shall be analysed;
(g) the construction, position and maintenance of water-closets,
privies, urinals, bathing places or washing places.
(9) Water Supply.—The terms and conditions of the supply of water to
buildings or other premises.
(10) Streets.—(a) The information and documents to be furnished in
connection with the lay-out of lands for buildings and private streets ;
(b) the definition of sky-signs ;
(c) the naming or numbering of streets and public places and the
1
numbering of [premises].
(11) Regulation of buildings.—(a) The manner in which further
information and documents in regard to the erection of, or additions to,
alterations in, or repairs of, buildings shall be supplied ;
(b) the conditions to be observed in commencing, carrying out, and
completing building work and in occupying buildings on completion of
works ;
(c) the restrictions under which alterations may be made in the use
of buildings ;
(d) the inspection of newly constructed buildings ;
(e) the conditions on which loans may be granted out of the
Municipal Fund for building and the form of application for such loans.
(12) Fire Brigade. —The powers exercisable by the chief or other officer
of the municipal fire brigade on the occasion of a fire.
(13) Sanitary provisions.—(a) The furnishing of information regarding
the number of occupants in buildings ;
(b) the removal and disposal of filth, rubbish and polluted and
excrementitious matter from premises ;
(c) the maintenance of premises in a sanitary conditions ;
(d) the prevention of nuisances, including the prohibition and
regulation of wells ;
(e) the removal, trimming and cutting of trees and hedges ;
(f) the regulation of the keeping of animals in the City ;
(g) the regulation of public bathing and the washing of clothes ;
(h) the information to be furnsihed by persons applying for
permission to establish, remove, or re-open a factory, workshop,
workplace or bakery governed by section 313 ;
1
This word was substituted for the word “ buildings” by Bom. 22 of 1956, s. 8(1).
264 Maharashtra Municipal Corporations Act [1949 : LIX

(i) the articles which may not be kept and the trades and operations
which may not be carried on in or upon any premises without a licence
under section 376 ;
( j ) the inspection of premises used or suspected of being used as a
factory, workshop, workplace or bakery or for any licenseable trade or
occupation or for the storage of any licenseable article ;
(k) the prevention and regulation of the discharge of smoke, steam,
fumes and noxious vapours ;
(l) the prohibition and regulation of the use of whistles, trumpets
and noise-producing instruments operated by any mechanical means ;
(m) measures for the prevention on the spread of dangerous diseases.
(14) Markets.—The regulation of sales within or outside municipal or
private markets.
(15) Fares and charges levied by Transport Undertaking.—The exhibition
of notices of fares and charges in vehicles used for the conveyance of
passengers.
(16) Vital Statistics.—The supply of forms of certificate regarding the
cause of death to medical practitioners.
(17) General.—Any matter which is or may be prescribed to be provided
for by rules.
By-laws for 458. The Corporation may from time to time make by-laws, not
what
purpose to be inconsistent with this Act and the rules, with respect to the following
made. matters, namely :—
(1) regulating, in any particular not specifically provided for in this
Act or the rules, the construction, maintenance, protecting, flushing,
cleansing and control of drains, ventilation-shafts or pipes, cess-pools,
water-closets, privies, latrines, urinals, washing places, drainage works
of every description, whether belonging to the Corporation or other
persons, municipal water-works, private communication pipes, private
streets and public streets ;
(2) regulating all matters and things connected with the supply and
use of water ;
(3) regulating the maintenance, supervision and use of public and
private cart-stands and the levy of fees for the use of such of them as
belong to the Corporation ;
(4) prescribing the forms of notice under sections 253 and 254, the
information, documents and plans to be furnished therewith in respect
of different classes of structures or works, the manner in which and the
persons by whom notices shall be signed and the manner in which plans,
sections, descriptions, structural drawings or structural calculations
shall be drawn, given, prepared and signed ;
(5) regulating the manner in which, the supervision under which,
the agency through which and the conditions and restrctions under which
the work of erecting or re-erecting buildings of particular classes and
any work such as is described in section 254 shall be carried out ;
1949 : LIX] Maharashtra Municipal Corporations Act 265

(6) the structure of walls, foundations, roofs and chimneys, the

number, width and position of staircases, the width of corridors and
passages, the materials, dimensions and strength of floors and staircases
and of all scantlings, girders, posts and columns of buildings, for securing
stability and the prevention of fires and the safety of the inmates in the
event of fire and for purposes of health, either generally or with reference
to the type of the structure and the use to which it is intended to be put ;
(7) the construction of scaffolding for building operations to secure
the safety of the operatives and of the general public ;
(8) the provision and maintenance of sufficient open space, either
external or internal, about buildings to secure a free circulation of air,
and of other means for the adequate ventilation of buildings ;
(9) the provision and maintenance of suitable means of access to
buildings and preventing encroachment thereon ;
(10) the provision and maintenance of house-gullies and service-
passages ;
(11) regulating the conditions on which frame buildings may be
constructed ;
(12) regulating the use of land as building sites, prescribing the
minimum size of such sites, either generally or for specified areas and
prescribing set-backs from the street margin for all or particular classes
of buildings on specified streets or classes of streets or in specified
localities ;
(13) regulating the height of structures generally or with reference
to the materials of which they are constructed or the width of the streets
on which they front or the areas in which they are situated or the
purposes for which they are intended to be used ;
(14) regulating the number and height above the ground or above
the next lower story of the storeys of which a building may consist ;
(15) prescribing the form of the completion certificate required
under section 263 and the manner in which and the person by whom it
shall be signed and subscribed ;
(16) regulating the intervals at which, the manner in which and
the persons by whom buildings shall be periodically inspected under
section 265 ;
(17) regulating the management, maintenance, control and use of
dwellings intended for the poorer sections of the community vesting in
the Corporation ;
(18) prescribing the qualifications and experience of licensed
surveyors, architects, engineers, structural designers, clerks of works
and plumbers ;
(19) regulating in any particular not specifically provided for in this
Act conservancy and sanitation, the destruction of rodents and other
vermin, preventive and remedial measures against mosquitos, flies and
other insect pests ;
(20) the control and supervision of all premises used for any of the
purposes mentioned in section 376 and of all trades and manufactures
carried on thereon and the prescribing and regulating of the construction,
dimensions, ventilation, lighting, cleansing, drainage and water-supply
of any such premises ;
266 Maharashtra Municipal Corporations Act [1949 : LIX

(21) the inspection of milch-cattle, and prescribing and regulating

the construction, dimensions, ventilation, lighting, cleansing, drainage
and water supply of cattle-sheds and dairies ;
(22) securing the cleanliness of milk-stores, milk-shops and
milk-vessels used by dairymen or milk-sellers for containing milk ;
(23) regulating the sale of milk in the City ; the protection of milk
against contamination and the prevention of the sale of contaminated milk ;
(24) requiring notice to be given whenever any milch animal is
affected with any contagious disease and prescribing precautions to be
taken for protecting milch-cattle and milk against infection or
contamination ;
(25) regulating the measures to be taken in the event of the outbreak
of any disease among animals which is communicable to man and the
supply of information which will facilitate the taking of such measure ;
(26) securing the efficient inspection of markets and slaughter-
houses and of shops in which articles intended for human food are kept
or sold ;
(27) the control and supervision of butchers carrying on business
within the City or at a municipal slaughter-house without the City ;
(28) regulating the use of any municipal market building, market
place or slaughter-houses, or any part thereof ;
(29) controlling and regulating the sanitary condition of markets and
slaughter-houses and preventing the exercise of cruelty therein ;
(30) the licensing of hand-carts, other than those exempted from
Bom VII taxation under section 143 or those plying for hire in respect of which
of 1920. licences have been issued under the *Bombay Public Conveyances Act,
1920, and the seizure and detention of any such hand-carts that have not
been duly licensed ;
(31) requiring notice to be given of the occurrence of cases of any
infectious, epidemic or endemic disease, not being a dangerous disease,
which may be specified and prescribing the precautions to be taken by
persons suffering from, or exposed to infection from, any such disease ;
(32) regulating the disposal of the dead and the maintenance of all
places for the disposal of the dead in good order and in a safe sanitary
condition, due regard being had to the religious usages of the several
classes of the community ;
(33) regulating the use of any place for the skinning and cutting up
of the carcasses of animals ;
(34) facilitating and securing complete and accurate registration of
births and deaths ;
(35) the registration of marriages ;
(36) securing the protection of public parks, gardens, public parking
places and open spaces vested in or under the control of the Corporation
from injury or misuse, regulating their management and the manner in
which they may be used by the public and providing for the proper
behaviour of persons in them ;
*
Now, the short title was amended as “the Maharashtra Public Conveyances Act” (VII of 1920)
by Mah. 24 of 2012, s. 2 and 3, Schedule, entry 14, with effect from the 1st May 1960.
1949 : LIX] Maharashtra Municipal Corporations Act 267

(37) regulating the use of barbed wire or other material for the
fencing of land or premises abutting on any street, pathway or place which
the public are entitled to use or frequent ;
(38) regulating trade in rags, bones or second-hand clothing, bedding
or other similar articles, including measures for disinfecting on import
or before removal, sale or exposure for sale or use in any manufacturing
process of any such article ;
(39) regulating the holding of fairs and industrial exhibitions in the
City ;
(40) regulating and prohibiting the stocking of inflammable
materials and of the lighting of fires in any specified portion of the City ;
(41) regulating the charges for services rendered by any municipal
authority ;
(42) regulating admission to, and use by members of the public of,
municipal hospitals, dispensaries, infirmaries, homes and similar
institutions and the levy of fees therein ;
(43) the protection of the property of the Corporation ;
(44) regulating the inspection by members of the public of municipal
records and the fees to be charged before such inspection is allowed ;
(45) regulating the grant of certified copies or extracts from
municipal records, and the fees chargeable for such copies or extracts ;
(46) regulating the appointment by owners of buildings or lands in
the City who are not resident therein of agents residing in or near the
City to act for such owners for all or any of the purposes of this Act or
the rules, regulations or by-laws ;
(47) regulating generally matters affecting the conduct of the
Transport Undertaking and the travelling in or upon vehicles of the
Undertaking used for the conveyance of passengers, subject to the
provisions of any other enactment applicable to the Undertaking and the
provisions of any rules, by-laws, regulations, permit or licence issued
thereunder, and, in particular, the observance by municipal officers and
servants appointed in connection with the Undertaking of sobriety,
courtesy and special vigilance to prevent danger to persons or vehicles
using the streets ;
(48) carrying out generally the provisions and intentions of this Act.
459. It shall be the duty of the Commissioner from time to time to lay Commissioner
to lay draft
before the Corporation for its consideration a draft of any by-law which he shall by-laws before
think necessary or desirable for the furtherance of any purpose of this Act. the
Corporation
for its
consideration.

460. No by-law shall be made by the Corporation, unless,— Hearing by

Corporation of
(a) a notice of the intention of the Corporation to take such by-law into objections to
proposed by-
consideration shall have been given in the Official Gazette and in the local laws.
newspapers at least six weeks before the date on which the Corporation
finally considers such by-law ;

H 610—37
268 Maharashtra Municipal Corporations Act [1949 : LIX

(b) a printed copy of such by-law shall have been kept at the chief
municipal office and made available for public inspection free of charge
by any persons desiring to peruse the same at any reasonable time for at
least one month from the date of the notice given under clause (a) ;
(c) printed copies of such by-law shall have been delivered to any
person requiring the same on payment of such fee for each copy as shall
be fixed by the Commissioner ;
(d) all objections and suggestions which may be made in writing by
any person with respect thereto within one month of the date of the notice
given under clause (a) shall have been considered by the Corporation.
By-laws to be 461. No by-law made under section 458 shall have any validity unless
confirmed by 1
1
[State]
and until it is confirmed by the [ State] Government.
Government.

By-laws 1
462. When any by-law has been confirmed by the [State] Government
confirmed by
1
[State] it shall be published in the Official Gazette, and thereupon shall have the
Government force of law.
to be
published in
the Official
Gazette.
Printed copies 463. (1) The Commissioner shall cause all by-laws from time to time
of by-laws to
be kept on in force to be printed, and shall cause printed copies thereof to be delivered
sale. to any person requiring the same, on payment of such fee for each copy as
he may fix.
(2) Printed copies of the by-laws for the time being in force shall be
kept for public inspection in some part of the municipal office to which
the general public has access and in such places of public resorts, markets,
slaughter-houses and other works or places affected thereby, as the
Commissioner thinks fit, and the said copies shall from time to time be
renewed by the Commissioner.
(3) In regard to by-laws relating exclusively to the operations of the
Transport Undertaking the provisions of this section shall apply as if for
the word “Commissioner” the words “Transport Manager” had been
substituted and as if sub-section (2) had provided for the display of the
relevant by-laws in every vehicle of the Transport Undertaking used for the
conveyance of the public.
[State] 1
464. (1) If it shall at any time appear to the [State] Government that
1

Government
may modify any by-law should be modified or repealed either wholly or in part, it shall
or repeal cause its reasons for such opinion to be communicated to the Corporation and
by-laws.
prescribe a reasonable period within which the Corporation may make any
representation with regard thereto which it shall think fit.
(2) After receipt and consideration of any such representation or, if in
the meantime no such representation is received, after the expiry of the
1
prescribed period, the [State] Government may at any time by notification
in the Official Gazette, modify or repeal such by-law either wholly or in part.

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 269

(3) The modification or repeal of a by-law under sub-section (2) shall take
1
effect from such date as the [State] Government shall in the said notification
direct or, if no such date is specified, from the date of the publication of the
said notification in the Official Gazette, except as to anything done or suffered
or omitted to be done before such date.
(4) The said notification shall also be published in the local newspapers.
465. (1) The Standing Committee shall from time to time frame Regulations.
regulations not inconsistent with this Act and the rules but in consonance
with any resolution that may be passed by the Corporation,—
(a) prescribing the qualifications required for appointments to posts
in municipal service other than those specified in sub-clause (a) of clause
(3) of section 457 ;
(b) fixing the amount and the nature of the security to be furnished
by any municipal officer or servant from whom it may be deemed
expedient to require security ;
(c) regulating the grant of leave to municipal officers and servants ;
(d) authorizing the payment of allowances to the said officers and
servants, or to certain of them, whilst absent on leave ;
(e) determining the remuneration to be paid to the persons
appointed to act for any of the said officers or servants during their
absence on leave ;
(f) authorizing the payment of travelling or conveyance allowance
to the said officers and servants ;
(g) regulating the period of service of all the said officers and
servants ;
(h) determining the conditions under which the said officers and
servants, or any of them, shall on retirement or discharge receive
pensions, gratuities or compassionate allowances, and under which the
surviving spouse or children and, in the absence of the surviving spouse
or children, the parents, brothers and sisters, if any, dependent on any
of the said officers and servants, shall, after their death, receive
compassionate allowances and the amounts of such pensions, gratuities
or compassionate allowances ;
(i) prescribing the procedure to be followed in removing from
service or dismissing or otherwise punishing any municipal officer or
servant other than an officer who is appointed under section 40 or 45 or
who is appointed to act in the place of such officer ;
(j) authorizing the payment of contributions, at certain prescribed
rates and subject to certain prescribed conditions, to any pension or
provident fund which may, with the approval of the Standing Committee,
be established by the said officers and servants or to such provident fund,
if any, as may be established by the Corporation for the benefit of the
said officers and servants ;

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
H 610—37a
270 Maharashtra Municipal Corporations Act [1949 : LIX

(k) prescribing the conditions under which and, subject to the

provisions of sub-section (2) of section 50, the authorities by whom the
said officers and servants or any of them, may be permitted while on duty
or during leave to perform a specified service or series of services for a
private person or body or for a public body, including a local authority,
or for the Government and to receive remuneration therefor ;
(l) in general, prescribing any other conditions of service of the
said officers and servants.
(2) The Standing Committee may also from time to time frame regulations
not inconsistent with the provisions of this Act and the rules—
(a) determining the standards of fitness of buildings for human
habitation ;
(b) regulating the declaration of expenses incurred by the
Commissioner under the provision of this Act and the rules in respect of
any materials or fittings, supplied or work executed or thing done to,
upon or in connection with some building or land which are recoverable
from the owner or occupier to be improvement expenses ;
(c) prescribing the powers of the Municipal Chief Auditor with
regard to the disapproval of, and the procedure with regard to the
settlement of objections to, expenditure from the revenues of the
Corporation ;
(d) regulating the grant of permission by the Commissioner for the
construction of shops, ware-houses, factories, huts or buildings designed
for particular uses in any streets, portions of streets or localities specified
in a declaration in force under section 269.
(3) (a) No regulation under sub-section (1) or under clause (a) of
sub-section (2) shall have effect until it has been confirmed by the Corporation
and, if made under clause (h) of sub-section (1), until it has in addition been
1
confirmed by the [State] Government ;
2
(b) regulations under [clause (c) of sub-section (2)] shall be made in
consultation with the Chief Auditor and shall not have effect unless
sanctioned by the Corporation.
(4) With reference to officers and servants appointed under Chapter XX
and to expenditure from the Transport Fund the provisions of sub-section
(1) and of clause (c) of sub-section (2) shall apply as if for the words “ Standing
Committee” the words “ Transport Committee” had been substituted.
Making of 466. (1) The Commissioner may make standing orders consistent with
standing
orders by the provisions of this Act and the rules and by-laws in respect of the following
Commissioner. matters, namely :—
3
(A) (a) prescribing nakas for the collection of * * and tolls ;
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
These words, brackets, letter and figure were substituted for the words, brackets, letter and
figure “clause (6) of sub-section (2)” by Bom. 39 of 1951, s. 3, Second Schedule.
3
The words “ octroi and ” were deleted by Mah. 42 of 2017, s. 43 (1).
1949 : LIX] Maharashtra Municipal Corporations Act 271
1
(b) regulating the mode and manner in which * * tolls shall be collected ;
2
**
(d) regulating the stamping, sealing or otherwise marking of imported
goods ;
3
**
(f) determining the supervision under which, the routes by which and
the time within which goods intended for immediate exportation shall be
conveyed out of City and the fees payable by persons so conveying the goods ;
4
**
(B) the manner in which sales of immovable property attached for the
non-payment of municipal dues shall be held ;
(C) (a) the training, discipline and good conduct of the men belonging
to the municipal fire-brigade and any volunteer fire-brigade recognised by
the Corporation ;
(b) their speedy attendance with engines, fire-escapes and all necessary
implements on the occasion of any alarm of fire ;
(c) the maintenance of the said brigade generally in a due state of
efficiency;
(d) determining the officers to whom and the places at which intimation
of the outbreak of a fire shall be reported and the action to be taken on the
receipt of such intimation ;
(e) for the granting of gratuities, rewards or certificates to persons who
have given notice of fires or who have rendered meritorious service to the
fire-brigade on the occasion of a fire ;
(D) (a) for preventing nuisance or obstruction in any market-building,
market-place, slaughter-house or stock-yard or in the approaches thereto ;
(b) fixing the days and the hours on and during which any market,
slaughter house or stock-yard may be held or kept open for use and prohibiting
the owner of any private market from keeping it closed without lawful excuse
on such days or during such hours ;
(c) prohibiting every vendor in a market from closing his shop, stall or
standing to the public without lawful excuse or from withholding from sale
any articles in which he normally deals ;
(d) for keeping every market-building, market-place, slaughter-house or
stock-yard in a cleanly and proper state, and for removing filth and refuse
therefrom ;

1
This word “octroi and” were deleted by Mah. 42 of 2017, s. 43(2).
2
Clause (c) was deleted by Mah. 42 of 2017, s. 43 (3).
3
Clause (e) was deleted by Mah. 42 of 2017, s. 43 (4).
4
Clause (g) was deleted by Mah. 42 of 2017, s. 43 (5).
272 Maharashtra Municipal Corporations Act [1949 : LIX

(e) requiring that any market-building, market-place, slaughter-house

or stock-yard be property ventilated and be provided with a sufficient supply
of water ;
(f) requiring that in market-buildings and market-places passages be
provided between the stalls of sufficient width for the convenient use of the
public ;
(g) for the marking or branding for purpose of identification of animals
rejected for slaughter as discarded or unwholesome ;
(h) regulating the method of slaughter at slaughter-houses ;
(i) requiring the allotment in markets of separate areas for different
classes of articles;
(j) generally regulating the orderly management and control of markets,
slaughter-houses and stock-yards.
(2) No order made by the Commissioner under clause (A) of sub-section
(1) shall be valid unless it is approved by the Standing Committee and
1
confirmed by the [State] Government, and no order made by the
Commissioner under clause (B) or paragraph (e) of clause (C) of sub-section
(1) shall be valid unless it is approved by the Standing Committee.
Posting of 467. A printed copy of the standing orders shall be affixed in
standing
orders and conspicuous place in the municipal office and a printed copy of the table of
table of stallages, rents and fees, if any, in force in any market, slaughter-house or
stallage,
rents, etc. stock-yard under sections 332 and 333 shall be affixed in some conspicuous
spot in the market-building, market-place, slaughter-house or stock-yard.
Penalty for 468. In making rules under section 454 or by-laws, regulations or
breach of 1
rules, by-laws, standing orders, the [State] Government, the Corporation, the Standing
regulations or Committee, or the Commissioner, as the case may be, may provide that for
standing
orders. any breach thereof the offender shall on conviction —
(a) be punished with fine which may extend to five hundred rupees, and
in the case of a continuing breach with fine which may extend to twenty rupees
for every day during which the breach continues, after conviction for the first
breach ;
(b) be punished with fine which may extend to twenty rupees for every
day during which the breach continues, after receipt of written notice from
the Commissioner or any municipal officer duly authorised in that behalf to
discontinue the breach ;
(c) in addition to the imposition of such fine, be required to remedy the
mischief so far as lies in his power.

1
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 273

CHAPTER XXX.
MISCELLANEOUS.
Public Notices and Advertisements.
469. Whenever it is provided by or under this Act that public notice Public notices
shall or may be given of anything, such public notice shall, in the absence of how to be
made known.
special provision to the contrary, be in writing under the signature of the
Commissioner or of a municipal officer empowered under section 69 to give
the same, and shall be widely made known in the locality to be affected
thereby, by affixing copies thereof in conspicuous public places within the said
locality, or by publishing the same by beat of drum, or by advertisement in
the local newspapers, or by any two or more of these means and by any other
means that the Commissioner shall think fit.
470. Whenever it is provided by or under this Act that notice shall be Advertisements
how to be
given by advertisement in the local newspapers, or that a notification or any made.
information shall be published in the local newspapers, such notice,
notification or information shall be inserted, if practicable, in at least two
newspapers in such language or languages as the Corporation may from time
to time specify in this behalf published or circulating in the City.
471. (1) Whenever under this Act or any rule, by-law, regulation or Consent, etc.
of
standing order, the doing or the omitting to do anything or the validity of Corporation,
anything depends upon the consent, sanction, approval, concurrence, etc. may be
confirmation, declaration, opinion or satisfaction of— proved by
written
(a) the Corporation, the Standing Committee, the Transport Committee document.
or any other Committee ;
(b) the Commissioner or the Transport Manager or any municipal officer,
a written document signed as provided in sub-section (2) purporting to convey
or set forth such consent, sanction, approval, concurrence, confirmation,
declaration, opinion or satisfaction shall be sufficient evidence of such consent,
sanction, approval, concurrence, confirmation, declaration, opinion or
satisfaction.
(2) The written document referred to in sub-section (1) shall be signed—
(a) when the authority concerned is the Corporation or the Standing
Committee or any Committee other than the Transport Committee, by the
Municipal Secretary on behalf of such authority ;
(b) when the authority concerned is the Transport Committee, by the
Chairman of that Committee;
(c) when the authority concerned is the Commissioner, the Transport
Manager or any municipal officer, the Commissioner, the Transport Manager
or such municipal officer, as the case may be.

Service of Notices, etc.

472. Notices, bills, schedules, summonses and other such documents Notices, etc.
by whom to be
required by this Act or by any rule, regulation or by-law to be served upon or served or
issued or presented or given to any person, shall be served, issued, presented presented.
or given by municipal officers or servants or by other persons authorized by
the Commissioner in this behalf.
274 Maharashtra Municipal Corporations Act [1949 : LIX
Service how to
be effected on
473. When any notice, bill, schedule, summons or other such
owners of documents required by this Act, or by any rule, regulation or by-law to be
premises and
other persons. served upon or issued or presented to any person such service, issue or
presentation shall, except in the cases otherwise expressly provided for in
section 474, be effected .—
(a) by giving or tendering to such person the said notice, bill, schedule,
summons or other documents ; or
(b) if such person is not found, by leaving the said notice, bill, schedule,
summons or other document at his last known place of abode in the City, or
by giving or tendering the same to some adult member or servant of his family,
or by leaving the same at his usual place of business, if any, or by giving or
tendering the same to some adult employee, if any, of his at such place ; or
(c) if such person does not reside in the City and his address eleswhere
is known to the Commissioner by forwarding the said notice, bill, schedule,
summons or other document to him by post under cover, bearing the said
address; or
(d) if none of the means aforesaid be available, by causing the said notice,
bill, schedule, summons or other document to be affixed on some conspicuous
part of the building or land, if any, to which the same relates.
Service on 474. When any notice, bill, schedule, summons or other such document
owner or
occupier of
is required by this Act, or by any rule, regulation or by-law, to be served upon
premises how or issued or presented to the owner or occupier of any building or land, it
to be effected. shall not be necessary to name the owner or occupier therein, and the service,
issue or presentation thereof shall be effected, not in accordance with the
provisions of the last preceding section, but as follows, namely :—
(a) by giving or tendering the said notice, bill, schedule, summons or
other document to the owner or occupier, or if there be more than one owner
or occupier, to any one of the owners or occupiers of such building or land; or
(b) if the owner or occupier or no one of the owners or occupiers is found,
by giving or tendering the said notice, bill, schedule, summons or other
document to some adult member or servant of the family of the owner or
occupier or of any of the owners or occupiers ; or
(c) if none of the means aforesaid be available by causing the said notice,
bill, schedule, summons or other document to be affixed on some conspicuous
part of the building or land to which the same relates.
Sections 472, 475. Nothing in sections 472, 473 and 474 applies to any summons
473 and 474 issued under this Act by a Magistrate.
inapplicable
to
magistrate’s
summons.
Signature on 476. (1) Every licence, written permission, notice, bill, schedule,
notices, etc.,
may be
summons or other document required by this Act or by any rule, regulation
stamped. or by-law to bear the signature of the Commissioner or of any municipal officer
shall be deemed to be properly signed if it bears a facsimile of the signature
of the Commissioner or of such municipal officer, as the case may be, stamped
thereupon.
(2) Nothing in this section shall be deemed to apply to a cheque drawn
upon the Municipal Fund or upon the Transport Fund under any of the
provisions of this Act, or to any deed of contract.
1949 : LIX] Maharashtra Municipal Corporations Act 275

477. (1) The Commissioner may, in order to facilitate the service, issue, Power of
Commissioner
presentation, or giving of any notice, bill, schedule, summons or other such to call for
document upon or to any person by written notice require the owner or information
occupier of any premises, or of any portion thereof to state in writing, within as to
ownership of
such period as the Commissioner may specify in the notice, the nature of his premises.
interest therein and the name and address of any other person having an
interest therein, whether as freeholder, mortgagee, lessee or otherwise, so
far as such name and address is known to him.
(2) Any person required by the Commissioner in pursuance of sub-section
(1) to give the Commissioner any information shall be bound to comply with
the same and to give true information to the best of his knowledge and belief.
Unauthorised works.
478. (1) If any work or thing requiring the written permission of the Work of thing
1 done without
[Designated Officer] under any provision of this Act, or any rule, regulation written
or by-law is done by any person without obtaining such written permission permission of
or if such written permission is subsequently suspended or revoked for any the
1
1
[Designated
reason by the [Designated Officer], such work or thing shall be deemed to be Officer] to be
1
unauthorised and, subject to any other provision of this Act, the [Designated deemed
unauthorised.
Officer] may at any time, by written notice, require that the same shall be
removed, pulled down or undone, as the case may be, by the person so carrying
out or doing. If the person carrying out such work or doing such thing is not
the owner at the time of such notice then the owner at the time of giving such
1
notice shall be liable for carrying out the requisitions of the [Designated
Officer].
(2) If within the period specified in such written notice the requisitions
contained therein are not carried out by the person or owner, as the case may
1
be, the [Designated Officer] may remove or alter such work or undo such thing
and the expenses thereof shall be paid by such person or owner, as the case
may be.
Enforcement of order to execute works, etc.
479. (1) Subject to the provisions of this Act and of the rules, by-laws, Works, etc.
which any
regulations and standing orders, when any requisition or order is made under person is
any provision of this Act or of any rule, by-law, regulation or standing order required to
by written notice by the Commissioner, or by any municipal officer duly execute may
in certain
empowererd in this behalf, a reasonable period shall be prescribed in such cases be
notice for carrying such requisition or order into effect, and if, within the executed by
Commissioner
period so prescribed, such requisition or order or any portion of such at such
requisition or order is not complied with, the Commissioner may take such person’s cost.
measures or cause such work to be executed or such thing to be done as shall,
in his opinion, be necessary for giving due effect to the requisition or order
so made ; and, unless it is in this Act otherwise expressly provided, the
expenses thereof shall be paid by the person or by any one of the persons to
whom such requisition or order was addressed.
(2) The Commissioner may take any measure, execute any work or cause
anything to be done under this section, whether or not the person who has
failed to comply with the requisition or order is liable to punishment or has
been prosecuted or sentenced to any punishment for such failure.

1
These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s.18.
H 610—38
276 Maharashtra Municipal Corporations Act [1949 : LIX
Supply of 480. On the written request of any person who is required under any
materials.
of the provisions of this Act or of any rule, regulation or by-law to supply any
materials or fittings, the Commissioner may, on such person’s behalf, supply
the necessary materials or fittings, or cause the necessary work to be done :
Provided that, where the provisions of section 441 or 442 will not apply,
a deposit shall first of all be made by the said person of a sum which will, in
the opinion of the Commissioner, suffice to cover the cost of the said materials,
fittings and work.
Legal Proceedings.
Provisions
respecting
481. (1) The Commissioner may,—
institution, (a) take, or withdraw from proceedings against any person who is
etc., of civil
and criminal charged with,—
actions and
obtaining
(i) any offence against this Act or any rule, regulation or
legal advice. by-law ;
(ii) any offence which affects or is likely to affect any property
or interest of the Corporation or the due administration of this Act ;
(iii) committing any nuisance whatever ;
(b) compound any offence against this Act or any rule, regulation
or by-law which under the law for the time being in force may legally
be compounded ;
(c) defend any election petition brought under section 16 ;
(d) defend, admit or compromise any appeal against a rateable value
1
[or capital value, as the case may be,] or tax brought under section 406 ;
(e) take, withdraw, from or compromise, proceedings under sub-
section (2) of section 402, sub-sections (3) and (4) of section 439 and
sections 391 and 416 for the recovery of expenses or compensation
claimed to be due to the Corporation ;
(f) withdraw or compromise any claim for a sum not exceeding five
hundred rupees against any person in respect of a penalty payable under
a contract entered into with such person by the Commissioner, or, with
the approval of the Standing Committee, any such claim for any sum
exceeding five hundred rupees ;
(g) defend any suit or other legal proceedings brought against the
Corporation or against the Commissioner or a municipal officer or
servant in respect of anything done or omitted to be done by them,
respectively, in their official capacity ;
(h) with the approval of the Standing Committee, admit
or compromise any claim, suit or legal proceeding brought against the
Corporation or against the Commissioner or a municipal officer or
servant, in respect of anything done or omitted to be done as aforesaid ;
(i) with the like approval, institute and prosecute any suit or
withdraw from or compromise any suit or any claim, other than a claim
of the description specified in clause (f), which has been instituted or
made in the name of the Corporation or of the Commissioner ;

1
These words were inserted by Mah. 10 of 2010, s.20.
1949 : LIX] Maharashtra Municipal Corporations Act 277

(j) obtain and pay for such legal advice and assistance as he may,
from time to time, think it necessary or expedient to obtain or as he may
be desired by the Corporation or the Standing Committee to obtain, for
any of the purposes mentioned in the foregoing clauses of this sub-section
or for securing the exercise or discharge of any power or duty vesting in
or imposed upon any municipal authority or any municipal officer or
servant :
Provided that the Commissioner shall not defend any suit or legal
proceeding under clause (g) without first of all taking legal advice with
regard thereto, and shall institute and prosecute any suit which the
Corporation shall determine to have instituted and prosecuted.
(2) In relation to legal proceedings arising out of the acquisition,
extension, administration, operation and maintenance of the Transport
Undertaking the provisions of sub-section (1) shall apply as if for the word
“Commissioner” the words “Transport Manager” and for the words “Standing
Committee” the words “Transport Committee” had respectively been
substituted.
General.
482. (1) The Commissioner and the Transport Manager and every Councillors,
etc. to be
councillor and every member of the Transport Committee who is not a deemed to be
councillor and every municipal officer or servant appointed under this Act, public
and every contractor or agent for the collection of any municipal tax and every servants.
servant or other person employed by any such contractor or agent shall be
XLV of deemed to be a public servant within the meaning of section 21 of the Indian
1860. Penal Code.

(2) For the purposes of sub-section (1) the word “Government” in the
XLV of definition of “ legal remuneration” in section 161 of the Indian Penal Code
1860. shall be deemed to include the Corporation.
1
[(3) Every Councillor shall be deemed to be a public servant within the
49 of meaning of clause (c) of section 2 of the Prevention of Corruption Act, 1988.]
1988.
2
[482A. Notwithstanding anything contained in section 197 of the Code Power of
2 of State
of Criminal Procedure, 1973 and section 19 of the Prevention of Corruption Government
1974.
49 of Act, 1988, in case of Councillor, the State Government shall be competent to to accord
1988. accord previous sanction as required under the said section. 197 and 19.] previous
sanction.
483. (1) The District Magistrate and the District Superintendent of Co-operation
Police having jurisdiction in the City shall, as far as may be, co-operate by of Police, etc.
themselves and through their subordinates, with the Commissioner for
carrying into effect and enforcing the provisions of this Act and for the
maintenance of good order in the City.
(2) It shall be the duty of every police officer in the City to communicate
without delay to the proper municipal officer any information which he
receives of a design to commit or of the commission of any offence against
this Act or against any rule, regulation or by-law and to assist the
Commissioner or any municipal officer or servant reasonably demanding his
aid for the lawful exercise of any power vesting in the Commissioner or in
such municipal officer or servant under this Act.
1
This sub-section was added by Mah. 34 of 2014, s. 4.
2
This section was inserted by Mah. 34 of 2014, s. 5.
H 610—38a
278 Maharashtra Municipal Corporations Act [1949 : LIX
Assistance for 484. For the purpose of the recovery of any amount due on account of
the recovery of
rent on land. rent from any person to a Corporation in respect of any land vested in or
otherwise held by such Corporation, the Corporation shall be deemed to be a
superior holder and every such person an inferior holder of such land, within
the meaning of sections 86 and 87 of the Bombay Land Revenue Code, *1879; Bom. V
of 1879.
and the Corporation as superior holder shall be entitled, for the recovery of
every such amount, to all the assistance to which under the said sections a
superior holder is entitled for the recovery of rent or land revenue payable
to him by an inferior holder.
Informalities 485. (1) Any informality, clerical error, ommission or other defect in
and error in
assessments, any assessment made or in any distress levied or attachment made or in any
etc., not to be notice, bill, schedule, summons or other documents issued under this Act, or
deemed to
invalidate under any rule, regulation, by-law or standing order may at any time, as far
such as possible, be rectified.
assessment,
etc. (2) No such informality, clerical error, omission or other defect shall be
deemed to render the assessment, distress, attachment, notice, bill, schedule,
summons or other documents invalid or illegal if the provisions of this Act
and of the rules, regulations, by-laws and standing orders have in substance
and effect been complied with, but any person who sustains any special damage
by reason of any such informality, clerical error, omission or other defect shall
be entitled to recover compensation for the same by suit in a Court of
competent jurisdiction.
Indemnity for 486. No suit, prosecution or other legal proceeding shall lie in respect
acts done in
good faith. of anything in good faith done or purported or intended to be done under this
Act against any councillor or against any member of the Transport Committee
who is not a councillor or against the Commissioner, the Transport Manager
or any municipal officer or servant or against any person acting under and in
accordance with the directions of the Corporation, any committee constituted
under this Act, the Commissioner, the Transport Manager, any municipal
officer or servant or of a Magistrate.
Protection of 487. (1) No suit shall be instituted against the Corporation or against
persons acting
under this the Commisssioner, or the Transport Manager, or against any municipal
Act, against officer or servant, in respect of any act done or purported to be done in
suits.
pursuance or execution or intended execution of this Act or in respect of any
alleged neglect or default in the execution of this Act: —
(a) until the expiration of one month next after notice in writing
has been, in the case of the Corporation, left at the chief municipal office
and, in the case of the Commissioner or of the Transport Manager or of
a municipal officer or servant delivered to him or left at his office or place
of abode, stating with reasonable particularity the cause of action and
the name and place of abode of the intending plaintiff and of his attorney,
advocate, pleader or agent, if any, for the purpose of such suit, nor
(b) unless it is commenced within six months next after the accrual
of the cause of action.
(2) At the trial of any such suit—

* Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
1949 : LIX] Maharashtra Municipal Corporations Act 279

(a) the plaintiff shall not be permitted to go into evidence of any

cause of action except such as is set forth in the notice delivered or left
by him as aforesaid;
(b) the claim, if it be for damages, shall be dismissed if tender of
sufficient amends shall have been made before the suit was instituted
or if, after the institution of the suit, a sufficient sum of money is paid
into Court with costs.
(3) Where the defendant in any such suit is a municipal officer or servant,
payment of the sum or of any part of any sum payable by him in, or in
consequence of the suit, whether in respect of costs, charges, expenses,
compensation for damages or otherwise, may be made, with the previous
sanction of the Standing Committee or the Transport Committee from the
Municipal Fund or the Transport Fund, as the case may be.
488. Notwithstanding the provisions of sections 48, 65, 66 and 67 of the Saving in
Bom. V Bombay Land Revenue Code, 1879*— respect of
of 1879. certain
(1) the use of any land for any purpose to which it may lawfully be put provisions
Bombay Land
of

under the provisions of this Act shall not be prohibited in exercise of the Revenue
Code, 1879*.
powers conferred by or under the said Code ;
(2) it shall be sufficient for any occupant of land assessed or held for the
purpose of agriculture to show to the satisfaction of the Collector that he has
complied with all the requirements of this Act and of the rules, regulations
and by laws to entitle such occupant to permission under section 65 of the
said Code subject to the condition of the payment of altered assessment and
fine, if any, for the use of his holding or part thereof for any purpose
unconnected with agriculture.
489. (1) No person who receives the rent of any premises in any capacity Limitation of
liablility of
described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section agent or
2 shall be liable to do anything which is by this Act required to be done by the trustee of
owner.
owner, unless he have or, but for his own improper act or default, might have
had sufficient funds of or due to the owner to pay for the same.
(2) The burden of proving the facts entitling any person to relief under
sub-section (1) shall rest on such person.
(3) When any person has secured relief under sub-section (1) the
Commissioner may, by written notice, require such person to apply to the
discharge of any obligation which he would, but for such relief, be bound to
discharge, the first moneys which shall come to his hand on behalf of or for
the use of the owner, and any person who fails to comply with such notice
shall be deemed to be personally liable to discharge such obligation.
(4) Nothing in this section shall be deemed to prevent the Commissioner
from carrying out the necessary works and recovering the expenses from the
actual owner.

* See now Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
280 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XXXI.
REPEALS AND AMENDMENTS.
Certain Acts
to cease to 490. The Bombay District Municipal Act, 1901, the Bombay Municipal Bom. II
of 1901.
apply to City. Boroughs Act, 1925 and the Bombay Village Panchayats Act, 1933, shall cease Bom.
to apply, except as hereinafter provided, to any area included in the City. XVIII of
1925.
Bom. VI
of 1933.

Amendment 491. The enactments specified in the second column of Appendix III
of certain
enactments. shall be amended to the extent specified in the third column thereof.

Repeal. 492. The Poona City and Poona Suburban Municipal Boroughs Bom.
LXXX of
(Appointment of Municipal Commissioner) Act, 1948, is hereby repealed. 1948.

Transitory 493. The provisions of Appendix IV shall apply to the constitution of

provisions.
the Corporation and other matters specified therein.
APPENDIX I
(See Section 282.)
PROVISIONS OF THE *LAND ACQUISITION ACT, 1894, REGULATING
THE ACQUISITION OF LAND FOR IMPROVEMENT PURPOSES.

Part I—Preliminary, except clauses (e) and (f) of section 3.

Part II—Acquisition, except sub-section (1) of section 4, section 6 and sub-
section (2) of section 17.
Part III—Reference to Court and Procedure thereon, except
sub-section (2) of section 23 and clauses (6) and (7) of section 24.
Part IV—Apportionment of compensation.
Part V—Payment.
Part VI—Temporary occupation of land.
Part VII—Miscellaneous.
APPENDIX II
(See Section 392.)
TABLE OF PENALTIES.
Part I.
Sections, Sub-sections and Clauses. Fine which may be imposed.
309 (2), 311(e), 311(f), 311(g) . . . . Ten rupees.
197(2), 295, 334(2), 373(1), 374, 375, 376(6) . . . . Twenty rupees.
172,196(2) proviso, 208, 227(3), . . . . Fifty rupees.
228, 233(1), 236(2), 238(2), 240, 246, 297,
330(1), 333, 377(1), 381, 384, 385, 386(5).
* This Act has been repealed by the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), s. 114.
1949 : LIX] Maharashtra Municipal Corporations Act 281

60,108(2), 145(2), 163,164,165, . . . . One hundred rupees.

168(1)(b), 169(b),174,184,186,187(1),
187(2), 199, 200,212(2), 223,227(3),
229(1), 230(1), 232, 239(1), 241(1),
243(1), 244(1), 244(3), 248(1), 251,
265(4), 266,298(5), 308,318,319,326,
335(1), 366,367,368,369,379,380,382.
161,178(1), 179,195(1), 198,226(1), . . . . Two hundred rupees.
226(2), 226(4), 242,247(1), 265(2),
265(3), 267(1), 268(4), 299(1),307(1),
307(2), 378(1), 383,417(3).
160(2), 171(1), 221(1), 257,261(1),263, . . . . Five hundred rupees.
264 (1), 264(2), 298(2), 301(1), 304(3),
322,325(1),376(1).
210(4), 262,269(7), 313, 314,331(2). . . . . One thousand rupees.
Part II.
Sections, Sub-sections and Clauses. Daily fine which may
be imposed.
227(3), 228,297,308,375,376(6), 379,381. . . . . Five rupees.
161,163,164,165,168(1) (b), 169(b), . . . . Ten rupees.
172, 174,184,186,187(1), 187(2),
195(1), 200, 223,226(2),226(4), 229(1),
230(1), 232, 241 (1), 244(1), 244(3),
247(1), 248(1), 265(4), 298(5), 330(1),
382,384,385,386(5).
60,198,243(1), 246,265(2), 265(3), . . . . Twenty rupees.
267(1), 268(4), 307(1), 307(2), 383.
160(2), 171(1), 212(2), 239(1), 240, 266, . . . . Fifty rupees.
298(2), 299(1), 301(1), 376(1), 378(1), 417(3)
210(4), 257, 263, 264(1), 264(2), 269(7) . . . . One hundred rupees.
313, 314. . . . . Five hundred rupees.
APPENDIX III.
(See Section 491).
ENACTMENTS AMENDED.
Number Short Title. Amendments.
and Year.
Bom. I The Bombay Town In sub-section (1) of section 4, sub-
of 1915 Planning Act, 1915. section (2) of section 10, sub-section (1)
of section 26, sub-section (3) of
section 44 and sub-section (3) of
section 45, for the words “ the City of
Bombay” the words “any area for
which a municipal corporation is
constituted under any enactment”
shall be substituted.
282 Maharashtra Municipal Corporations Act [1949 : LIX

APPENDIX III.-contd.
Number Short Title. Amendments.
and Year.

Bom. V The Bombay 1. In clause (c) of section 2, for the

of 1925 Prevention of words “ the City of Bombay ” the
Adulteration Act, words “ any area for which a
1925. municipal corporation is constituted
under any enactment ” shall be
substituted.
2. In sub-section (1) of section19, for
the words “ the City of Bombay
after consultation with the
Corporation of the City of Bombay ”
the words “ any area for which a
municipal corporation is constitued
under any enactment after
consultation with such
corporation ” shall be substituted.
Bom. The Lord Reay 1. In sub-section (2) of section 6—
XXXII of Maharashtra (1) for paragraph B the following
1947. Industrial Museum revised paragraph shall be
Act, 1947. substituted, namely:—
“B. The following four ex-officio
representatives of the Municipal
Corporation of the City of Poona:—
(i) the Mayor, who shall be the
Chairman,
(ii) the Chairman, Standing
Committee,
(iii) the Chairman, Municipal
School Board,
(iv) the Municipal Commissioner
for the City of Poona”;
(2) in paragraph C for the words
“Poona City Borough Municipality”
the words “ Municipal Corporation
of the City of Poona” shall be
substituted.
2. In section 17 for the words “Bombay
Municipal Boroughs Act, 1925, the
Poona City Borough Municipality”
the words “Bombay Provincial
MunicipalCorporations Act, 1949,
1949 : LIX] Maharashtra Municipal Corporations Act 283

APPENDIX III.-contd.
Number Short Title. Amendments.
and Year.

the Muncipal Corporation of the City

of Poona” shall be substituted.
1
3. In [clause (b)] of sub-section (2) of
section 21, for the words “Poona City
Borough Muncipality” the words
“Municipal Corporation of the City
of Poona” shall be substituted.

Bom. The Bombay Rents, In section 10A the following shall be

LVII of Hotel and Lodging added, namely :—
1947. House Rates “(4) If the general tax levied under
Control Act, 1947. section 129 of the Bombay
Provincial Municipal Corporations
Act, 1949, in respect of any
premises in any city exceeds the
amount paid by any landlord to any
local authority on account of a rate
or tax on building, houses or lands
in respect of such premises for the
assessment period which included
the 31st March 1949, there shall be
deemed to be an increase in such
rate or tax for the purpose of this
section.”.
2
[Bom. XX The Poona In sub-section (1) of section 16, in clause (iv)
of 1948] University Act, of paragraph (A) in Class II—
1948. (1) for sub-clause (a) the following
shall be substituted, namely:—

“(a) two members by the Municipal

Corporation of the City of Poona”;
(2) sub-clause (b) shall be deleted.

Bom. The Bombay In section 25—

LXIX of Housing Board Act, (1) in sub-section (1) for the words and
1948. 1948. figures “ Chapter XII-A of the City
of Bombay Municipal Act, 1888”,
the words “any enactment for the

1
These word, brackets and letter were substituted for the word, brackets and letter “ clause
(d) ” by Bom. 9 of 1951, s. 3, Second Schedule.
2
These words and figures were substituted for the words and figures “ Bom. IX of 1984 ” by
Bom. 9 of 1951, s.3, Second Schedule.
H 610—39
284 Maharashtra Municipal Corporations Act [1949 : LIX

APPENDIX III.-contd.
Number Short Title. Amendments.
and Year.

time being in force for the

constitution of a municipal
corporation for any area in the
1 2
[State] [of Maharashtra]” shall be
substituted,

(2) in sub-section (2) for the words and

figures “the City of Bombay
Municipal Act, 1888” the words “any
such enactment as aforesaid” shall
be substituted.
Bom. The Bombay Shops In clause (15) of section 2, for the words
LXXIX and Establishments and figures “ municipality constituted
of 1948. Act, 1948. under the City of Bombay Municipal
Act, 1888” the words “a municipal
corporation constituted under any
enactment for the time being in force
or a municipality constituted under”
shall be substituted.

APPENDIX IV.
TRANSITORY PROVISIONS.
(See Section 493.)
Part I : General.
3
Continuation [l. References in any enactment, other than the Maharashtra Mah. XL
of references of 1965.
in other Municipalities Act, 1965, the Maharashtra Zilla Parishads and Panchayat
enactments. Samitis Act, 1961, the *Bombay Village Panchayats Act, 1958 or the **Bombay Mah. V
of 1962.
Local Fund Audit Act, 1930, in force on the date immediatly preceding the Bom. III
appointed day in a City or in any rule, order or notification made or issued of 1959.
Bom.
thereunder and in force on such date in the said City, to any municipalities XXV of
or other local authorities by whatever name called, shall, unless a different 1930.
intention appears, be construed as references to the City or to the Corporation
of the said City, as the case may be, and such enactment, rule, order or
notification shall apply to the said City or Corporation.]
Transfer of 2. All rights of the municipality or any other local authority for the area
rights.
which has been constituted to be a City shall on the appointed day vest in the
Corporation constituted for the said area.
1
This word was substituted for the word “Province” by the Adaptation of Laws Order, 1950.
2
These words were substituted for the original by the Adaptation of Laws (State and Concurrent
Subject) Order, 1960.
3
This paragraph was substituted for the original by Mah. 29. of 1982, s. 8(i).
* The short title of the Act was amended as “the Maharashtra Village Panchayats Act” by Mah.
24 of 2012, S.2 and 3, Schedule, entry 74, with effect from the 1st May 1960.
** These words were substituted for the words “ Bombay Local Fund Audit Act, 1930” by Mah.
8 of 2011, s. 4.
1949 : LIX] Maharashtra Municipal Corporations Act 285

3. All sums due to the said municipality or local authority for the Sums due.
area which has been constituted a City, whether on account of any tax or
any other account, shall be recoverable by the Commissioner for the said
City and for the purpose of such recovery he shall be competent to take
any measure or institute any proceeding which it would have been open
to the authority of the said municipality or local authority to take or
institute, if this Act had not come into operation and the said area had
not been constituted to be a City.
4. (1) All debts and obligations incurred and all contracts made by or Debts,
on behalf of the said municipality or local authority immediately before the obligations,
contracts and
appointed day and subsisting on the said day shall be deemed to have been pending
incurred and made by the Commissioner for the said City in exercise of the proceedings.
powers conferred on him by this Act and shall continue in operation
accordingly.
(2) All proceedings pending before any authority of the said
municipality or local authority on the said day which under the provisions
of this Act are required to be instituted before or undertaken by the
Commissioner shall be transferred to and continued by him and all other
such proceedings shall, so far as may be, be transferred to and continued by
such authority before or by whom they have to be instituted or undertaken
under the provisions of this Act.
(3) All appeals pending before any authority of the said municipality or
local authority on the said date shall, so far as may be practicable, be disposed
of as if the area was constituted to be a City when they were filed.
(4) All prosecutions instituted by or on behalf of the said municipality
or local authority and all suits and other legal proceedings instituted by or
against the said municipality, local authority or any officer of the said
municipality or local authority pending on the said date shall be continued
by or against the Commissioner or the Corporation for the said City, as the
case may be, as if the area was constituted to be a City when such prosecution,
suit or proceeding was instituted.
5. Save as expressly provided by the provisions of this Appendix or by Continuation of
a notification issued under paragraph 22 or order made under paragraph 23,— appointments,
taxes, budget
(a) any appointment, notification, notice, tax, order, scheme, licence, estimates,
assessments,
permission, rule, bye-law, or form made, issued, imposed or granted etc.
Mah. XL under 1[the Maharashtra Municipalities Act, 1965] or any other law in
of 1965.
force in any local area constituted to be a City immediately before the
appointed day shall, in so far as it is not inconsistent with the provisions
of this Act, continue in force until it is superseded by any appointment,
notification, notice, tax, order, scheme, licence, permission, rule, by-law
or form made, issued, imposed or granted under this Act or any other
law as aforesaid, as the case may be ;
(b) all budget estimates, assessments, valuations, measurements,
1
Mah. XL and divisions made under [the Maharashtra Municipalities Act, 1965],
of 1965.
or any other law in force in any area constituted to be a City immediately
1
These words and figures were substituted for the words and figures “ the Bombay District
Municipal Act, 1901, or the Bombay Municipal Boroughs Act, 1925 ” by Mah. 29 of 1982, s.
8(ii).
H 610—39a
286 Maharashtra Municipal Corporations Act [1949 : LIX

before the appointed day shall in so far as they are consistent with the
provisions of this Act, be deemed to have been made under this Act;
(c) all officers and servants in the employ of the said municipality
or local authority immediately before the appointed day shall be officers
and servants employed by the Corporation under this Act and shall, until
other provision is made in accordance with the provisions of this Act,
receive salaries and allowances and be subject to the conditions of service
to which they were entitled or subject on such date :
Provided that service rendered by such officers and servants before
the appointed day shall be deemed to be service rendered in the service
of the Corporation :
Provided further that it shall be competent to the Corporation to
discontinue the services of any officer or servant who, in its opinion, is not
necessary or suitable to the requirements of the municipal service, after giving
such officer or servant such notice as is required to be given by the terms of
his employment and every officer or servant whose services are so
discontinued, shall be entitled to such leave, pension or gratuity as he would
have been entitled to take or receive on being invalided out of service if this
Act had not been passed.
Extension of 1
[5A. Notwithstanding anything contained in this Act, where the State
appointments,
taxes, etc., in Government has constituted any local area to be a City under section 3, which
force in one was previously comprised, wholly or partly, in the area of two or more
Municipal
area to other Municipal Councils constituted under the Maharashtra Municipalities Act, Mah. XL
areas of 1965.
included in a
1965 or in the area of one or more of such Municipal Councils and one or more
City. Zilla Parishads constituted under the Maharashtra Zilla Parishads and
Panchayat Samitis Act, 1961, the State Government may, notwithstanding Mah. V
of 1962.
anything contained in any other law for the time being in force, but save as
otherwise provided in section 129A or any other provisions of this Act, by
notification in the Official Gazette, direct that all or any of the appointments,
notifications, notices, taxes, orders, schemes, licences, permissions, rules,
by-laws or forms made, issued, imposed or granted in any area of a specified
municipal council included in the City, under the Maharashtra Municipalities
Act, 1965, or any other law and in force in that area immediately before the Mah. XL
of 1965.
appointed day, shall, in so far as they are not inconsistent with the provisions
of this Act, continue to be in force throughout the area of the City, until they
are superseded or modified under this Act or under any other law as
aforesaid, as the case may be.]
Provision for 6. Any reference in the above paragraphs to a municipality or a local
Municipality
or local authority shall, in case such municipality or local authority has been
authority
which is
superseded or dissolved, be deemed to be a reference to the person or persons
superseded or appointed to exercise the powers or to perform the functions of such
dissolved.
municipality or local authority under any law relating to such municipality
or local authority.

1
This paragraph was inserted by Mah. 29 of 1982, s. 8 (iii)
1949 : LIX] Maharashtra Municipal Corporations Act 287
1
[6A. (1) Notwithstanding anything contained in this Act, until by-laws Special
conditions for
are made under section 458 or until the expiration of one year from the date erection and
on which any local area is constituted or included in a City under section 3, re-erection of
buildings, etc.
whichever is earlier, the Corporation may prescribe special conditions with in certain
respect to erection or re-erection of buildings, the maximum heights of areas.
buildings, roofs and external walls of buildings, set-backs of buildings and
other matter relating to buildings in the area constituted or included in a City
or any part thereof.
(2) No person shall erect or re-erect any building or commence the
execution of any work in contravention of any such conditions.
2
* * * *
Part III: Special Provisions relating to the City of Poona.
14. (1) On and from the appointed day in the case of the City of Poona Provision
the Municipal Commissioner for the Poona City and Poona Suburban regarding the
Commissioner.
Bom. Municipal Boroughs appointed under section 3 of the Poona City and Poona
LXXX of
1948. Suburban Municipal Boroughs (Appointment of Municipal Commissioner) Act,
1948, and holding office on the date immediately preceding the appointed day
shall be deemed to be the Commissioner appointed under section 36 and shall,
subject to the provisions of sub-section (3) of the said section, hold office for
the period for which he would have held the office of Municipal Commissioner
for the Poona City and Poona Suburban Municipal Boroughs if this Act had
not come into operation in the City of Poona.
(2) The Commissioner shall recieve the same scales of salary and
allowances as he was receiving as Municipal Commissioner for the Poona City
and Poona Suburban Municipal Boroughs on the date immediately preceding
the appointed day.
15. Notwithstanding anything contained in this Act, the Commissioner The Commi-
ssioner
shall exercise the powers and perform the duties of the Corporation and the to exercise
Standing Committee under this Act and under any other law for the time being powers
and perform
in force until general ward elections shall have been held in accordance with duties of
the provisions of this Act and the first meeting of the Corporation shall have Corporation
and Standing
been held. Committee.
3
16. (1) The [State] Government may, by notification in the Official 3
[State]
Government
Gazette, appoint such number of persons, not exceeding twelve, as it deems may appoint
fit to advise the Commissioner so long and in so far as he exercises the powers advisory
and performs the duties of the Corporation and the Standing Committee. board.

(2) The Commissioner shall from time to time in such manner as he

considers suitable, including the convening of meetings of the persons so
appointed, ascertain the views of the persons so appointed on all matters
which, under the provisions of this Act, require to be done, sanctioned,
approved or confirmed by the Corporation or the Standing Committee.

1
This paragraph was inserted by Bom. 42 of 1950, s. 2.
2
Part II Special Provisions relating to the City of Ahmedabad and paragraphs 7 to 13 thereunder
were deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order,
1960.
3
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
288 Maharashtra Municipal Corporations Act [1949 : LIX
1
(3) If the [State] Government so directs, the Commissioner shall refer
1
for the decision of the [State] Government any such matter in which he
proposes to act otherwise than in accordance with the views of the majority
of the persons so appointed, and shall thereafter act in accordance with such
decision.
Commissioner 17. (1) The Commissioner shall forthwith proceed to prepare the
to take steps
to hold municipal election roll and hold general ward elections in accordance, as far
elections, etc. as may be, with the provisions of this Act.
(2) For the purposes of the first elections held under this Act, any person
who, if this Act had not come into operation, would have been disqualified
for being elected a councillor of the Poona City Borough Muncipality or the
Poona Suburban Borough Muncipality shall be deemed to be disqualified for
being elected and for being a councillor under this Act.
(3) Every person who owns immovable property in the City which on the
date immediately preceding the appointed day was assessed to a house tax
or any tax in the form of a rate on lands and buildings levied by any local
authority having jurisdiction in any portion of the City shall be deemed to
have the requisite taxation qualification under sub-section (3) of section 8 for
the purpose of enrolment in the first municipal election roll.
Savings in 18. The provisions of the *Bombay Local Fund Audit Act, 1930, shall Bom.
respect of XXV of
*Bombay continue to apply in respect of the audit of the accounts of the Poona City 1930.
Local Fund Borough Municipality and the Poona Suburban Borough Municipality for the
Audit Act,
1930. period upto the date immediately preceding the appointed day and of all other
matters connected with, or arising out of, such audit as if this Act had not
come into operation:
Provided that all references in the *Bombay Local Fund Audit Act, 1930, Bom.
XXV of
to the President of the local authority or to the local authority shall be deemed 1930.
to be references to the Commissioner.
Saving in 19. The members of the Court of the Poona University elected by the
respect of
members of Poona City Borough Municipality and the Poona Suburban Borough
Court of Poona Municipality under section 16 of the Poona University Act, 1948, shall be Bom. XX
University of 1948.
representing deemed to have been elected by the Corporation and shall continue to hold
Poona City office for the term for which they were originally elected.
and Poona
Suburban
Borough
Muncipalities.
Temporary 20. Notwithstanding the provisions of sub-section (2) of section 6 of the
provision
regarding Lord Reay Maharashtra Industrial Museum Act, 1947, the representatives Bom.
XXXII of
representatives of the Corporation on the Board of Trustees of the Lord Reay Maharashtra 1947.
of Corporation
on Board of Industrial Museum shall, until the Mayor and the Chairman of the Standing
Trustees of Committee have been elected and have taken office, consist of the Chairman
Lord Reay
Maharashtra of the Poona Municipal School Board and the Commissioner.
Industrial
Museum.
1
This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
* The Short title of this Act has been amended as “Maharashtra Local Fund Audit Act” by Mah.
8 of 2011, s. 4.
1949 : LIX] Maharashtra Municipal Corporations Act 289

21. The Poona City Municipal School Board in office on the date Poona City
Municipal
immediately preceding the appointed day shall be deemed to be the Municipal School Board
School Board for the City and shall continue in office until a new school to be deemed
to be the
board is constituted by the nomination and election of members under Municipal
Bom. sub-sections (2) and (5) of section 4 of the *Bombay Primary Education School Board
LXI for the City.
of
Act, 1947, as soon as may be after the first general ward elections of councillors
1947. have been held and the councillors have taken office.
1
[21A. Notwithstanding anything contained in this Act, in the areas Temporary
specified in List I hereto appended, a general tax shall be levied on the classes provision
regarding levy
of buildings and lands specified in column 1 of List II hereto appended, of general tax
during the periods specified in the headings to columns 2 to 5 at the rates in certian
areas
specified in the said columns against each class; and such rates shall not included in
during such periods be liable to increase under section 150. Where no such the City of
Poona.
rate has been specified in the said columns, the general tax shall be levied at
the rate and in the manner provided under this Act :
Provided that all lands and buildings, situated in the areas specified in
the said List I, the annual rateable value of which does not exceed rupees
fifty shall be exempted from the levy of the general tax during the period from
the 1st April 1954 to the 31st March 1956 (both inclusive).
LIST I.
The areas of the following revenue villages included
within the limits of the City of Poona.

1. Bopodi.
2. Dhanori.
3. Lohgaon.
4. Vadgaon Sheri.
5. Ghorpadi.
6. Mundhwa.
7. Hadapsar.
8. Kondhwe Khurd.
9. Dhankavdi.
10. Hingane Budruk.
11. Kothrud.
12. Pashan.
13. Aundh.
14. Wanowaire.
15. Bibewadi in Kasbe, Poona, Revenue Survey Nos. 559 to 595 ; 598
to 695 ; 732 and 440.

1
Paragraph 21A was inserted by Bom. 57 of 1953, s.3.
* This Act has been replaced by Mah. 25 of 2014, s. 3 (1).
290 Maharashtra Municipal Corporations Act [1949 : LIX

LIST II.
Period from Period from Period from
Period from the 1st the 1st April the 1st April the 1st April
April 1954 to 31st 1956 to 1958 to 1960 to
Classes of land and March 1956 31st March 31st March 31st March
buildings. (both inclusive). 1958 (both 1960 (both 1962 (both
inclusive). inclusive). inclusive).
(1) (2) (3) (4) (5)
1. The annual rateable value Nil 6 per cent. 8 per cent. 10 per cent.
of which does not exceed of the of the of the
Rs. 50. rateable rateable rateable
value. value. value.
2. The annual rateable value 6 per cent. of the 8 per cent. 10 per cent. …
of which exceeds Rs. 50 rateable value. of the of the
but does not exceed Rs. 500. rateable rateable
value. value.
3. The annual rateable value 8 per cent. of the 10 per cent. … …
of which exceeds Rs. 500 rateable value. of the
but does not exceed rateable
Rs. 1,000. value.
4. The annual rateable value 10 per cent. of the … … …
of which exceeds Rs. 1,000 rateable value.
but does not exceed
Rs. 2,000.
5. The annual rateable value 12 per cent. of the … … …
of which exceeds Rs. 2,000 rateable value.
but does not exceed
Rs. 5,000.
6. The annual rateable value 14 per cent. of the … … …]
of which exceeds Rs. 5,000. rateable value or
the rate determined
by the Corporation
under section 99,
whichever is less.

Part IV : 1
* * * *

Part V : Power to remove difficulties.

Power to 23. If any difficulty arises in giving effect to the provisions of this Act or,
remove
difficulties.
by reason of anything contained in this Act, to any other enactment for the
time being in force, the 2[State] Government may, as occasion requires, by
order do anything which appears to it necessary for the purpose of removing
the difficulty :
Provided that no order shall be made under this paragraph after the expiry
of one year from the appointed day.

1
Part IV relating to the “ Special provisions relating to other cities ” was deleted by Mah. 4 of
1995, s.3.
2
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 291

SCHEDULE ‘A’
(Deleted by Mah. 42 of 2017, s.44)
SCHEDULE ‘B’
(Deleted by Mah. 42 of 2017, s.44)
SCHEDULE ‘C’
(Deleted by Mah. 42 of 2017, s.44)

H 610—40
292 Maharashtra Municipal Corporations Act [1949 : LIX
1
[SCHEDULE ‘D’]*
(See section 453)
CHAPTER I.
ELECTION RULES.
Municipal Election Roll.
2
Election Roll [1. Printed copies of the municipal election roll shall be kept for public
to be kept for
public inspection in the chief municipal office and such other places as the
inspection. Commissioner may think fit.]
Elections of Councillors.
Dates of 7. (1) The nomination of candidates for general ward elections of
nominations.
councillors shall be fixed by the Commissioner to take place on such days in
the three months immediately preceding the date on which the term of office
of the councillors elected at the last preceeding general elections is due to
expire under section 6 as he shall think fit.
(2) The nomination of candidates for elections to fill casual vacancies shall
be fixed by the Commissioner to take place on such days as he shall think fit
as soon as conveniently may be after the occurrence of the vacancies.
Notice to be 8. Fifteen days at least before the day fixed for the nomination of
given of day
fixed for candidates for a ward election notice thereof shall be given by the
nomination of Commissioner. Such notice shall be given by advertisement in the Official
candidates for
ward
Gazette and in the local newspapers and by posting playcards in conspicuous
elections. places in the ward for which such election is to take place.
Provisions 9. (1) Candidates for election at a ward election must be duly nominated
regarding
nomination of in writing in accordance with the provisions hereinafter contained.
candidates.
(2) With respect to such nominations, subject to sub-rule (3), the
following provisions shall have effect, namely :—
(a) nomination papers shall be in Form A;
(b) the Commissioner shall provide printed forms of nomination
papers, and any person entitled to vote at the election shall be supplied,
at any time within seven days previous to the day fixed for the nomination
of candidates and upto four o’clock in the afternoon on such day, with as
many such forms as may be required, free of charge;
(c) each nomination paper must state the name, abode and
description of the candidate in full, and be subscribed by two persons
entitle to vote at the election as proposer and seconder and must bear
the signature of the person nominated in token of his willingness to be
so nominated;
(d) every nomination paper subscribed and signed as aforesaid must
be delivered at the Commissioner’s office before five o’clock in the
afternoon of day fixed for the nomination of candidates ;

1
This heading was substituted for the heading “ The Schedule ” by Mah. 3 of 1996, s. 8(a).
2
Rule 1 was substituted for rules 1 to 6 by Mah. 34 of 1965, s. 10 (a).
*
Amendments in this Schedule have been incorporated as per the Act enacted by the
Maharashtra State Legislature.
1949 : LIX] Maharashtra Municipal Corporations Act 293

(e) each candidate must be nominated by a separate nomination

paper ;
1
* * * * *
(f) The Commissioner shall on receiving a nomination paper enter
in the nomination paper its serial number and shall sign thereon a
certificate stating the date on which and the hour at which the nomination
paper has been delivered to him ;
2
(g) if any person subscribes more nomination papers than [one, the
nomination papers received after the receipt of the first shall be deemed
to be invalid];
(h) if any person nominated,—
3
[(i) is not qualified to be elected as a councillor under sub-
section (1) of section 9],
(ii) has not made or caused to be made the deposit referred to
in sub-rule (1) of rule 10, or
(iii) is disqualified under any provision of this Act for being a
councillor, the Commissioner shall declare such person’s nomination
invalid;
(i) if there is no valid nomination, it shall be deemed that no
councillor has been elected and proceedings for filling the vacancy or
vacancies shall be taken under section 18 ;
(j) if the number of valid nominations is less than that of the
vacancies, the persons nominated shall be deemed to be elected and for
the remaining vacancy or vacancies, it shall be deemed that no councillor
has been elected, and proceedings for filling such vacancy or vacancies
shall be taken under section 18 ;
(k) if the number of valid nominations is the same as that of the
vacancies, the persons nominated shall be deemed to be elected ;
(l) if the number of valid nominations exceeds that of the vacancies,
the election of councillors shall be made from among the persons
nominated, and such election shall be termed “a contested election”:
Provided that if any candidate validly nominated dies or signifies
in writing to the Commissioner not later than seven days after the day
appointed for the nomination of candidates his intention not to contest
the election, then, if the remaining number of valid nominations is less
than or the same as that of the vacancies, the remaining candidates
validly nominated shall be deemed to be elected :
Provided further that a candidate who has withdrawn his
candidature shall not be allowed to cancel the withdrawal or to be
renominated as a candidate for the same election ;
(m) if, when two or more ward elections are held simultaneously
for different wards, any person is deemed, under clause (i) or clause (j),

1
The portion begining with words “ but any person ” and ending with words “ but no more ” was
deleted by Mah. 26 of 1967, s. 3(a)(i).
2
This portion was substituted by Mah. 26 of 1967, s. 3 (a)(ii).
3
This sub-clause was substituted for the original by Mah. 12 of 1990, s. 8.
H 610—40a
294 Maharashtra Municipal Corporations Act [1949 : LIX

to be elected a councillor for more than one ward, he shall, within

twenty-four hours after receipt of written notice thereof from the
Commissioner, choose, by writing signed by him and delivered to the
Commissioner, or, in his default, the Commissioner shall, when the time
for choice has expired, declare for which one of these wards he shall serve;
the choice or declaration so made shall be conclusive, and such person’s
nomination for the ward or wards for which he is not to serve shall be
deemed to be null and void;
(n) if, when ward elections are held as aforesaid, any person who is
deemed, under clause (i) or clause (j), to be elected a councillor for any
one or more wards, has also been duly nominated for any one or more
wards for which the number of nominations exceeds that of the vacancies,
he shall within twenty-four hours after receipt of written notice thereof
from the Commissioner choose, by writing signed by him and delivered
to the Commissioner, whether he shall serve for the ward, or for any one
of the wards for which he is elected, or will stand as a candidate at the
contested election or elections for the other ward or wards. In his default,
the Commissioner shall, when the time for choice has expired, declare
that he shall serve for the ward or for some one of the wards for which
he is elected, and his nomination for any other ward shall be deemed to
be null and void. If such person chooses, by writing as aforesaid, to stand
as a candidate at the contested election or elections, his nomination for
the ward or wards for which he is elected shall be deemed to be null and
void. Any choice or declaration made under this clause shall be
conclusive.
(3) No councillor shall be deemed under sub-rule (2) to have been elected
1
for a seat reserved for [members of the Scheduled Castes] in any ward unless
1
he is a [members of the Scheduled Castes] and in respect of any such seat
the following further provisions shall apply, namely :—
(a) if for any vacancy of a seat reserved for 1[members of the
Scheduled Castes] there is no validly nominated candidate eligible to fill
such seat, it shall be deemed that no councillor has been elected, and
proceedings for filling the vacancy shall be taken under section 18;
(b) if for any such vacancies the number of validly nominated
candidates so eligible is less than that of the vacancies, such candidates
shall be deemed to be elected, and for the remaining vacancy or vacancies
it shall be deemed that no councillor has been elected and proceedings
for filling such vacancy or vacancies shall be taken under section 18 ;
(c) if for any such vacancies the number of validly nominated
candidates so eligible is equal to that of the vacancies, such candidates
shall be deemed to be elected;
(d) if any candidate validly nominated as eligible dies or signifies
in writing to the Commissioner not later than seven days after the date
appointed for the nomination of candidates his intention not to contest
the election, then, if the remaining number of validly nominated
candidates so eligible is less than or the same as that of the vacancies,
the remaining validly nominated candidates so eligible shall be deemed
to be elected.
1
These words were substituted for the word “ Harijans ” by Bom. 53 of 1959, s.2, Sch.
1949 : LIX] Maharashtra Municipal Corporations Act 295

10 (1) On or before the date appointed for the nomination of candidates Deposit by
for a ward election, each candidate shall deposit or cause to be deposited with candidates.
the Commissioner the sum of one hundred rupees in cash or in Government
securities of equal value at the market rate of the day, and no candidate shall
be deemed to be duly nominated unless such deposit has been made.
(2) The deposit shall be returned if,—
(a) the candidate is declared or is deemed to be duly elected,
(b) the candidate signifies his intention in writing to the
Commissioner not later than seven days after the day appointed for the
nomination of candidates not to contest the election,
(c) the nomination of the candidate is declared invalid,
(d) the candidate dies, after the scrutiny of nomination paper and
before the commencement of the poll, or
(e) the candidate fails to be elected but secures valid votes in excess
of the number specified in sub-rule (4).
(3) The deposit shall be returned to the person by whom it was made. If
a candidate dies before the day fixed for the poll, the deposit, if made by him,
shall be returned to his legal representative or, if not made by the candidate,
shall be returned to the person by whom it was made.
(4) If a candidate is not elected and if the number of valid votes polled
by him does not exceed one-eighth of the total number of valid votes polled
divided by the number of councillors to be elected in the ward for which the
candidates is nominated, the deposit shall be forfeited to the Corporation.
(5) The deposit shall, if it is not forfeited, be returned as soon as may be
after the declaration of the result of the election under rule 39 :
Provided that if a candidate is duly nominated at a general election in
more than one ward, not more than one of the deposits made by him or on his
behalf shall be returned and the remainder shall be forfeited to the
Corporation.
11. (1) When a ward election is contested, a poll shall be taken on such Poll to be
taken when a
date, not less than twenty-one days after the day appointed for the nomination ward election
of candidates as the Commissioner may fix. At such poll, the municipal is contested
election or roll which was in operation on the day appointed for the and names of
validly
nomination of candidates shall be deemed to be the roll to which reference nominated
must be made for the purpose of the election. candidates to
be published.
(2) At least three days before the day of the poll, the Commissioner shall
cause the names of all persons validly nominated, with their respective abodes
and descriptions, to be published in the Official Gazette and in the local
newspapers.
12. With respect to the contested ward elections the following Provisions
respecting
provisions shall have effect, namely:— contested
(a) votes shall be given by ballot and in person; no votes shall be ward
elections.
received by proxy;
(b) no votes shall be received for any candidate whose name has not
been published by the Commissioner under sub-rule (2) of rule 11 as
having been validly nominated ;
296 Maharashtra Municipal Corporations Act [1949 : LIX

(c) no votes shall be received from any person whose name is not
enrolled in the ward roll as a voter of the ward for which the election is
being held;
1
* * * * *
2
[(e) every elector shall be entitled to give only one vote, and he may
give that vote only to any one of the candidates ;]
3
* * * * *
(g) where an equality of votes is found to exist between any
candidates and the addition of a vote would entitle any of these
candidates to be delcared elected, the determination of the person or
persons to whom such additional vote shall be deemed to have been given
shall be made by lot to be drawn in the presence of the Commissioner in
such manner as he shall determine ;
(h) if a candidate is elected councillor for more than one ward, he
shall, within three days after receipt of written notice thereof from the
Commissioner, choose, by writing signed by him and deliverd to the
Commissioner, or in his default the Commssioner shall, when the time
for choice has expired, declare for which of the wards he shall serve and
the choice or declaration shall be conclusive;
(i) when any such choice or declaration has been made, the votes
recorded for the candidate aforesaid in any ward for which he is not to
serve shall be deemed not to have been given and the candidate, if any,
who but for the said votes would have been declared to have been elected
for such ward shall be deemed to have been elected for the same ;
(j) the Commissioner shall, as soon as may be, declare the result of
the poll, specifying the total number of vaild votes given for each
candidate and shall cause lists to be prepared for each ward, specifying
the names of all candidates, and the number of valid votes given to each
candidate; in accordance with such rules as the Commissioner may frame
for the purpose and on payment of such fee as may be prescribed by him
a copy of such list shall be supplied to any candidate of the ward and shall
be available for inspection to any voter of the ward.
Voting in Ward Elections.
Hours of 13. The Commissioner shall fix the hour at which polling shall
commencement
and close of commence and the hour at which it shall close on the date fixed under rule
poll. 11 for taking a poll.
Polling 14. (1) The Commissioner shall select for each ward as many polling
stations and stations as he thinks necessary and shall publish, in such manner as he deems
presiding
officers. sufficient, a list showing the polling stations so selected and the polling areas
for which they have respectively been selected.
(2) The Commissioner shall appoint a presiding officer for each polling
station and such other persons, hereinafter referred to as polling officers, to
assist the presiding officer as he thinks necessary.

1
Clause (d) was deleted by Mah. 34 of 1965, s. 10(b).
2
Clause (e) was substituted by Mah 26 of 1967, s. 3(b)(i).
3
Clause (f) was deleted by Mah. 26 of 1967, s. 3(b)(ii).
1949 : LIX] Maharashtra Municipal Corporations Act 297

(3) Each polling officer may, if so directed by the presiding officer, perform
all or any of the duties assigned to a presiding officer under these rules.
(4) If the presiding officer, owing to illness or other unavoidable cause,
is obliged to absent himself from a polling station, his duties shall be performed
by one of the polling officers, who shall be duly authorised in this behalf by
the Commissioner.
15. (1) The presiding officer shall keep order at the polling station, shall Duties of
see that the election is fairly conducted, shall regulate the number of electors presiding
officer.
to be admitted at one time, and shall exclude all other persons except,—
(a) the polling officers, the candidates and one agent of each
candidate (hereinafter referred to as the polling agent) appointed in
writing by the candidate and authorised in this behalf by the
Commissioner,
(b) the polling officers or other public servants on duty, and
(c) such other persons as the presiding officer may from time to time
admit for the purpose of identifying electors.
1
[(2) The presiding officer shall close the polling station at the hours fixed
in that behalf under rule 13, and shall not thereafter admit any elector into
the polling station :
Provided that, all electors present at the polling station before it is closed
shall be allowed to cast their votes.
(3) If any question arises whether an elector was present at the polling
station before it was closed, it shall be decided by the presiding officer, and
his decision shall be final.]
16. If any person misconducts himself at a polling station or fails to obey Removal from
the lawful orders of the presiding officer or the polling officer performing the polling
station for
duties of the presiding officer he may immediately, by order of the presiding misconduct.
officer or such polling officer, be removed from the polling station by any police
officer or by any other person authorised in writing by the presiding officer
or such polling officer to remove him; and the person so removed shall not,
unless with the permission of the presiding officer or such polling officer, be
allowed again to enter the polling station during the day:
Provided that this power shall not be exercised so as to prevent any
elector who is otherwise entitled to vote at any polling station from having
an opportunity of voting at such polling station.
2*
* * * * * * *
18. Each polling station shall be furnished with such number of Voting
compartments, in which electors can record their votes screened from compartment.
observation, as the Commissioner thinks necessary.
19. The Commissioner shall provide at each polling station materials Supply of
sufficient for the purpose of enabling electors to mark the ballot papers, as election
materials and
many ballot boxes as may be necessary, and copies of the election roll or of ballot boxes.
such part thereof as contains the names of the electors entitled to vote at such
polling station.

1
Sub-rules (2) and (3) were substituted for original sub-rule (2) by Mah. 24 of 1979, s.2(2)(a).
2
Rule 17 was deleted by Mah. 24 of 1979, s. 2(2)(b).
298 Maharashtra Municipal Corporations Act [1949 : LIX
Sealing of 20. Every ballot box shall be so constructed that the ballot papers can
ballot boxes.
be introduced therein, but cannot be withdrawn therefrom, without the box
being unlocked. The presiding officer at any polling station, immediately
before the commencement of the poll, shall show the ballot box empty to such
persons as may be present in such polling station, so that they may see that
it is empty, and shall then lock it up and place his seal upon it in such manner
as to prevent its being opened without breaking such seal, and shall place it
in his view for the receipt of ballot papers and keep it so locked and sealed.
Procedure 21. Immediately before a ballot paper is delivered to an elector, the
before ballot
paper is number, name and description of the elector, as stated in the election roll,
delivered to shall be called out and the number of the elector shall be entered on the
elector. counterfoil, and a mark shall be placed in a copy of the election roll against
the number of the elector, to denote that he has received a ballot paper, but
without showing the particular ballot paper which he has received. On the
counterfoil shall be entered the name of the ward and the name or distinctive
number of the polling station and the signature or thumb impression of the
elector.
Voting. 22. The elector shall, on receiving the ballot paper, forthwith proceed
1
to one of the compartments in the polling station, and [there make a mark
on the ballot paper with the instrument supplied for the purpose either at
the place provided for putting a cross or on or near the name and symbol of
the candidate for whom he intends to vote,] and fold it up so as to conceal his
vote, and shall put his ballot paper, so folded up, into the ballot box. Every
elector shall vote without undue delay and shall quit the polling station as
soon as he has put his ballot paper into the ballot box.
Assistance to
electors.
23. The presiding officer shall give such assistance as may be required
to any elector who is by reason of infirmity or illiteracy unable to vote in the
manner prescribed.
Identity of 24. At any time before a ballot paper is delivered to an elector, the
electors.
presiding officer or polling officer may, of his own accord, if he has reason to
doubt the identity of the elector or his right to vote at such polling station,
and shall, if so required by a candidate or polling agent, put to the elector the
following questions :—
(1) Are you the person enrolled as follows (reading the whole entry
from the roll) ? and
(2) Have you already voted at the present election in this ward ?
and at a general election—
(3) Have you already voted at this election in any other ward ?
and the elector shall not be supplied with a ballot paper if he refuses to
answer any one of the questions and unless he answers the first question
in the affirmative, the second question in the negative, and, at a general
election, the third question also in the negative.
Form of ballot 25. (1) The ballot paper shall be in Form B.
paper.
(2) The ballot papers shall be serially numbered, the serial number being
printed on the counter foil and on the back of the ballot paper.

1
These words were substituted for the words “ there mark his paper ” by Mah. 24 of 1979,
s. 2(2)(c).
1949 : LIX] Maharashtra Municipal Corporations Act 299

26. If the person representing himself to be a particular elector named Tendered

votes.
on the election roll applies for a ballot paper after another person has voted
as such elector, the applicant shall, after duly answering such questions as
the presiding officer may ask, be entitled to mark a ballot paper in the same
manner as any other elector. Such balllot paper (hereinafter referred to as a
tendered ballot paper) shall, instead of being placed in the ballot box, be given
to the presiding officer and endorsed by him with the name of the elector and
his number on the election roll and the name of the ward to which the election
roll relates, and shall be set aside in a separate packet and shall not be counted
by the Commissioner. The name of the elector and his number on the election
roll and the name or distinctive number of the polling station to which the
election roll relates shall be entered in a list in Form C which shall bear the
heading “Tendered Votes List”. The person tendering such ballot paper shall
sign his name and address thereon or, if he is unable to write, affix his thumb
impression against the entry in that list.
27. If any polling agent declares and undertakes to prove that any Challenged
person by applying for a ballot paper has committed the offence of personation, votes.
the presiding officer may required such person to enter in the list of challenged
votes (which shall be in Form D) his name and address or, if he is unable to
write, to affix his thumb impression thereto and may further require such
person to produce evidence of identification. If such person, on being
questioned in the manner provided in rule 24 answers the first question in
the affirmative and the other questions in the negative, he shall be allowed
to vote after he has been informed of the penalty for personation. The
presiding officer shall make a note of the circumstances and of his decision
on the list of challenged votes :
Provided that a deposit of Rs. 20 may be demanded for each such challenge
which shall be forfeited if, on inquiry, the challenge is found to be frivolous
and not made in good faith.
28. An elector who has inadvertently dealt with his ballot paper in such Spoilt ballot
a manner that it cannot conveniently be use as a ballot paper may, on delivering papers.
it to the presiding officer and satisfying him of the inadvertence, obtain
another ballot paper in place of the spoilt ballot paper, and the latter shall,
together with its counterfoil, be marked as cancelled by the presiding officer.
1
29. (1) A presiding officer, polling officer or polling agent [for other Voting by
public servant, who is on any duty connected with the election at or near a officers on
duty at
polling station] at which he is not entitled to vote, shall, if he is certified by polling
the Commissioner to be entitled to vote at the election for the ward in stations.
connection with which he is employed or for any other ward, be allowed to
record his vote at that polling station. The name of the polling station at which
he would otherwise have been entitled to vote shall be entered in the
counterfoil of the ballot paper together with his number in the election roll
for that ward in which that polling station is situate. A certificate issued under
this rule shall be in Form E.
(2) Such ballot paper shall be placed in an envelope and sealed by the
presiding officer and returned with the certificate referred to in sub-rule (1)
to the Commissioner who shall cause such ballot paper to be included among
the valid ballot papers of the appropriate ward.
1
These words were substituted for words “who is on duty at a polling station” by Mah. 24 of
1979, s. 2(1)(d).
H 610—41
300 Maharashtra Municipal Corporations Act [1949 : LIX
Despatch of 30. The presiding officer of each polling station, as soon as practicable
ballot papers.
after the close of the poll, shall, in the presence of any candidates or polling
agents who may be present, make up into separate parcels and seal with his
own seal and the seal of such candidates or agents as may desire to affix their
seal:—
(1) each ballot box in use at each polling station unopened but with the
key attached ;
(2) the unused ballot papers ;
(3) the tendered ballot papers ;
(4) the spoilt ballot papers ;
(5) the marked copy of the election roll;
(6) the counterfoils of the ballot papers ;
(7) the tendered votes list; and
(8) the list of challenged votes ;
and shall after endorsing on each packet a description of its contents
deliver such packets to the Commissioner.
Statement to 31. The packets shall be accompanied by a statement in Form F made
be sent to
commissioner by the presiding officer, showing the number of ballot papers entrusted to
with ballot him, and accounting for them under the heads of ballot papers in the ballot
papers.
box, unused, spoilt and tendered ballot papers, and ballot papers dealt with
under rule 29.
Postponement 32. Notwithstanding anything contained in this Act, the Commissioner
of poll;
adjournment may, for sufficient cause to be recorded in writing, postpone the date or extend
of poll. the period fixed for polling. In emergencies such as disturbance of the public
peace, the presiding officer may, with the previous approval of the
Commissioner, close the poll and announce an adjournment of the poll to a
subsequent day.
The subsequent date to which polling is postponed or adjourned shall be
notified in such manner as the Commissioner thinks fit.

Scrutiny and Counting of Votes and Declaration of Results.

Appointment 33. The Commissioner shall, as soon as may be practicable after the close
of date, time
and place for
of the poll, give notice in writing to all candidates of the date, time and place
counting of fixed by him for the counting of votes.
votes.
Who may be 34. (1) No person shall be allowed to be present at the counting of votes
present at the
counting of
except the Commissioner and such persons as he may appoint to assist him
votes. in counting the votes, the candidates, and one representative of each
candidate authorised in writing by the candidate in this behalf.
(2) No person shall be appointed to assist in counting the votes who has
been employed by or on behalf of any candidate for any purpose whatsoever
connected with the election.
Procedure to 35. On the day and at the time appointed under rule 33 the
be followed at
the counting Commissioner shall proceed as follows :—
of votes. (a) the ballot box or boxes relating to each polling station or the envelopes
containing the ballot papers, as the case may be, shall be opened one after
1949 : LIX] Maharashtra Municipal Corporations Act 301

another and the Commissioner shall take out the ballot papers therefrom,
count them or cause them to be counted, and record the number thereof in
a statement; such statement shall not be shown to any candidate or
representative of a candidate;
(b) the Commissioner shall then mix together all the ballot papers so
taken out and distribute them in convenient bundles to the persons
appointed to assist in counting the votes ;
(c) when the ballot papers have been so distributed, but not before,
the Commissioner shall allow the candidates and their representatives
reasonable opportunity to inspect, without handling, the ballot papers, and
shall on every ballot paper which is wholly or partially rejected, endorse
the word “rejected”; if any candidate or representative present questions
the correctness of the rejection, he shall also record on the ballot paper,
the grounds for the rejection. No candidate or representative shall be
allowed to see the serial number on the back of any ballot paper ;
(d) the Commissioner shall, as far as practicable, proceed continuously
with the counting of the votes, and shall, during any necessary intervals
during which the counting has to be suspended, place the ballot papers,
packets, and other documents relating to the election under his own seal and
the seals of such candidates or representatives as may desire to affix them,
and shall cause adequate precautions to be taken for their safe custody;
(e) when the counting of the votes has been completed, the
Commissioner shall, subject to the provisions of rule 12, forthwith declare
the result of the election.
36. (1) A ballot paper shall be rejected if,— Grounds of
rejection of
(a) the number of votes recorded thereon exceeds the number of ballot paper.
seats to be filled;
(b) no vote is recorded thereon ;
(c) more than one vote has been recorded against the name of any
one candidate;
(d) it is void for uncertainty ;
(e) it bears any mark by which the elector can be identified.
(2) The decision of the Commissioner as to the validity of a ballot paper
shall be final, subject only to reversal on a election petition claiming the seat.
37. The Commissioner shall not open the sealed packets of the tendered Verification.
votes, the marked copy of the election roll or the counterfoils of the ballot
papers. He shall verify the statement submitted by the presiding officer under
rule 31 by comparing it with the number of counted ballot papers and rejected
ballot papers, the spoilt ballot papers and the ballot papers dealt with under
rule 29, the unused ballot papers in his possession and the tendered votes
list, shall then reclose and reseal each packet which has been opened by him,
and shall record on each packet a description of its contents and the date of
the election to which it refers.

H 610—41a
302 Maharashtra Municipal Corporations Act [1949 : LIX

Return. 38. The Commissioner shall then prepare and certify a return setting
forth :—
(1) the result of the verification referred to in rule 37 ,
(2) the names of the candidates for whom valid votes have been
given,
(3) the number of valid votes given for each candidate ,
(4) the name of the candidate elected ,
(5) the number of votes declared invalid, and
(6) the number of tendered votes given, and shall permit any
candidate or his representative duly authorised under rule 34 to take a
copy or an extract from such return.
Declaration of 39. (1) The result of every election shall be declared by fixing, as soon
results of
elections. as may be after the election, in some conspicuous place in the chief municipal
office, a notice certifying the names of the persons, if any, elected and, in the
case of a contested election, the number of votes recorded for each candidate
under the signature of the Commissioner.
(2) The names of the persons elected to be councillors shall be published,
as soon as may be, in the Official Gazette.
Disposal of Ballot Papers.
Custody of 40. The Commissioner shall, after declaring the result, retain in his
election
papers. custody the packets and return referred to in rules 37 and 38 and all other
documents relating to the election.
Production 41. While in the custody of the Commissioner the packets of ballot
and
inspection of papers, whether counted, rejected or tendered, of the counterfoils thereof,
election and of the marked copy of the election roll, shall not be opened and their
papers.
contents shall not be inspected or produced except under the order of the
Judge, but all other documents relating to the election shall be open to public
inspection, subject to such conditions and to the payment of such fee as the
Corporation may prescribe; and any person, on compliance with such
conditions and on payment of such fee, shall be entitled to obtain a copy or
copies thereof or of any part thereof.
Destruction of 42. The packets referred to in rule 41 and all other documents relating
election
papers. to the election shall be retained for a period of one year, and shall thereafter
be destroyed, subject to any directions to the contrary given by the Judge.
General Provisions.
Power of 43. If a question arises for the decision of the Commissioner or a
Commissioner
or presiding presiding officer under these rules whether an entry in the election roll relates
officer to to a particular person, the Commissioner or presiding officer, as the case may
overlook
printing or be, may, for reasons to be recorded in writing, decide that the entry does or
clerical errors does not relate to the said person, notwithstanding any clerical or printing
in election
roll. errors therein.
1949 : LIX] Maharashtra Municipal Corporations Act 303

44. Notwithstanding anything contained in section 69, it shall not be Certain

powers, etc.,
lawful for the Commissioner to authorise any municipal officer or servant to not to be
delegated by
exercise any of the powers or perform any of the functions conferred or Commissioner.
1
imposed upon or vested in him by rules * * 7, 8, 9,11, 12 and 39.

45. If any difficulty arises as to the holding of any election under this Powers of
Commissioner
Act, the Commissioner may do anything not inconsistent with the Act or rules in case of
which appears to him to be necessary for the proper holding of the election. difficulty.

2
46. Subject to the provisions of section 16 * ***** all decisions given Decisions
given by
by the Commissioner under the powers conferred on him by the rules in this Commissioner
Chapter shall, be final. final.

CHAPTER II.

PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE,

TRANSPORT COMMITTEE, ETC.

Proceedings of the Corporation.

1. (a) There shall be in each month at least one ordinary meeting of the Provisions
regulating
Corporation which shall be held not later than the twentieth day of the month; Corporation’s
proceedings.
(b) the first meeting of the Corporation after general elections shall be
held as early as conveniently may be on a day and at a time and place to be
fixed by the Commissioner, and if not held on that day shall be held on some
subsequent date to be fixed by the Commissioner;

(c) the day, time and place of meeting shall in every other case be fixed
by the Mayor or in the event of the office of Mayor being vacant, or of the death
or resignation of the Mayor or of his ceasing to be a councillor, or of his being
incapable of acting, by the Deputy Mayor, or failing both the Mayor and the
Deputy Mayor, by the Chairman of the Standing Committee ;

(d) the Mayor or, in such event as aforesaid, the Deputy Mayor may,
whenever he thinks fit, and shall upon a written requisition signed by not
less than one fourth of the whole number of councillors or by not less than
four members of the Standing Committee, call a special meeting and every
meeting of the Corporation shall, except for special reasons to be mentioned
in the notice convening the meeting, be held in the chief municipal office;

(e) every meeting shall be open to the public, unless a majority of the
councillors present thereat decide by a resolution which shall be put by the
presiding authority, of his own motion or at the request of any councillor
present, without previous discussion, that any inquiry or deliberation pending
before the Corporation is such as should be held in private, and provided that
the presiding authority may at any time cause any person to be removed who
interrupts the proceedings ;

1
The figures and brackets “ 3, 4(1), 5 ” were deleted by Mah. 34 of 1965, s. 10(c).
2
The words and figures “ and rule 2 ” were deleted, by Mah. 34 of 1965, s. 10(d).
304 Maharashtra Municipal Corporations Act [1949 : LIX

(f) if at any time during a meeting it shall be brought to the notice of the
presiding authority that the number of councillors present, inclusive of the
presiding authority, falls short of one-third of the whole number of councillors,
the presidng authority shall adjourn the meeting to some other day, fixing
such time and place for the same as he shall think convenient, and the business
which remains undisposed of at such meeting shall be disposed of at the
adjourned meeting, or if the latter meeting should be again adjourned, at any
subsequent adjourned meeting, whether there be a quorum present thereat
or not ;
(g) every meeting shall be presided over by the Mayor, if he is present
at the time appointed for holding the same, and, if the office of Mayor is vacant
or if the Mayor is absent, by the Deputy Mayor or, in the absence of the Deputy
Mayor, by such one of the councillors present as may be chosen by the meeting
to be chairman for the occasion ;
(h) at least seven clear days’ notice shall ordinarily be given of every
meeting, other than an adjourned meeting, but in cases of urgency any such
meeting may be called, except for the purpose of considering an annual
budget estimate, in pursuance of a written requisition signed by not less
than four members of the Standing Committee, upon a notice of not less
than three clear days; of adjourned meetings such previous notice shall
be given as shall be practicable having regard to the period of the
adjournment ;
(i) every notice of a meeting shall specify the time and place at which
such meeting is to be held and the business to be transacted thereat other
than questions under section 44 and shall be given by the Municipal Secretary
by advertisement in at least one local newspaper having a substantial
circulation and, as far as practicable, a copy of such notice shall be sent by
ordinary post to the last known address of every councillor ;
(j) any councillor who desires at any meeting to bring forward any
business, other than any questions under section 44, or to make any
substantive proposition which is not already specified in the notice of such
meeting, shall give written notice of the same to the Municipal Secretary at
least three clear days before the day fixed for the meeting; and a
supplementary announcement of the business or propositions, of which notice
has been so given, shall be given by the said secretary in a local newspaper
not later than the day previous to the meeting ;
(k) except at a meeting called on a requisition of urgency or at the
discussion at any meeting of a budget estimate, no business shall be transacted
at any meeting other than the business specified in the notice published under
clause (i) and any questions asked under section 44 or urgent business not
specified in the said notice which the Standing Committee, Transport
Committee or the Commissioner deem it expedient to bring before the
meeting and no substantive proposition shall be made or discussed which is
1949 : LIX] Maharashtra Municipal Corporations Act 305

not specified in the said notice or in the supplementary announcement, if any,

published under clause (j) or which is not in support of the recommendation
of the Standing Committee, Transport Committee or Commisisoner with
reference to any urgent business brought by any of those authorities
respectively before the meeting :
Provided that no such urgent business as aforesaid shall be brought before
any meeting, unless at least three-fourths of the councillors present at such
meeting, such three-fourths being not less than one-fourth of the whole
number of councillors, assent to its being brought forward thereat ;
(l) at a meeting called on a requisition of urgency and during the
discussion at any meeting of a budget estimate, no business shall be
transacted and no substantive proposition shall be made or discussed which
does not directly relate to the business for which the urgent meeting was
called, or to the budget estimate, as the case may be; and no proposition
involving any change in the taxes which the Standing Committee proposes
to impose or the fares or charges which the Transport Committee proposes
to levy or an increase or decrease of any item of expenditure in a budget
estimate, shall be made or discussed at any meeting at which such budget
estimate is under consideration, unless such proposition is specified in the
notice of the meeting published under clause (i) or in the supplementary
announcement, if any, published under clause (j) or unless, in the case of an
adjourned meeting, each of the conditions mentioned in the proviso to clause
(m) has been fulfilled ;
(m) any meeting may, with the consent of a majority of the councillors
present, be adjourned from time to time to a later hour on the same day or to
any other day, but no business shall be transacted and, except as is hereinafter
provided, no proposition shall be discussed at any adjourned meeting other
than the business or propositions remaining undisposed of at the meeting from
which the adjournment took place :
Provided that at any adjourned meeting at which a budget estimate is
under consideration a proposition involving any change such as is described
in clause (l) may be made and discussed notwithstanding that such proposition
is not one remaining undisposed of at the meeting from which the
adjournment took place if each of the following conditions has been fulfilled,
namely :—
(i) that written notice of such proposition has been given at the
meeting from which the adjournment look place ;
(ii) that the adjournment has been for not less than two clear
days ; and
(iii) that a special announcement of the proposition has been given
by the Municipal Secretary (who shall be bound to give such
announcement) in a local daily newspaper not later than the day previous
to the adjourned meeting ;
306 Maharashtra Municipal Corporations Act [1949 : LIX

(n) a minute of the names of the councillors present and of the proceedings
at every meeting shall, on the day following the meeting, or as soon thereafter
as may be, be drawn up and kept by the Municipal Secretary in a book to be
provided for this purpose and shall be signed at, and by the presiding authority
of, the next ensuing meeting; and the said minute-book shall at all reasonable
times be open at the chief municipal office to inspection by any councillor free
of charge and by any other person on payment of a fee of eight annas ;
(o) every question other than the question whether the Standing
Committee, Transport Committee or Commissioner shall be permitted to
bring urgent business before a meeting without notice, shall be decided by a
majority of votes of the councillors present and voting on that question, unless
otherwise provided in or under this Act, the presiding authority having a
second or casting vote when there is an equality of votes ;
(p) a declaration by the presiding authority that a proposition has been
carried and an entry to that effect in the minute-book shall, unless a poll be
demanded at the time of such declaration by not less than four councillors,
be conclusive evidence of the fact, without proof of the number of votes given
for or against the proposition ;
(q) when a poll is taken, the vote of each councillor present and voting
upon the proposition shall be taken by tellers appointed by the presiding
authority and the names of the councillors voting respectively for or against
the proposition shall be recorded in the minute-book ;
(r) no resolution passed by the Corporation shall be modified or
cancelled within three months after the passing thereof, except by a resolution
supported by not less than one-half of the whole number of councillors or by
such larger number of councillors as may be required by this Act in any
particular case and passed at a meeting whereof notice shall have been given
fulfilling the requirements of clause (h) and setting forth fully the resolution
which it is proposed to modify or cancel at such meeting and the motion or
proposition for the modification or cancellation of such resolution.
1
[(s) where, any proposal of the Commissioner requires sanction or
approval of the Corporation, the Corporation shall consider and dispose of
any such proposal within ninety days reckoned from the date of the meeting
of the Corporation held immediately after the proposal is received by the
Municipal Secretary, whether the item pertaining to such proposal is taken
on the agenda of such meeting or not, failing which the sanction or approval
to such proposal shall be deemed to have been given by the Corporation, and
a report to that effect shall be made by the Commissioner to the Government
and he shall take further action as per the directives of the Government :
Provided that, any such deemed sanction or approval shall be restricted
to the extent the proposal conforms to the provisions of this Act or any other
law for the time being in force.

1.
Clause (s) was added by Mah. 32 of 2011, s. 30(a).
1949 : LIX] Maharashtra Municipal Corporations Act 307

2. (1) The presiding authority shall preserve order and may direct any Power to order
withdrawl of
councillor whose conduct is in his opinion grossly disorderly to withdraw councillor.
immediately from the meeting of the Corporation and such councillor shall
do so forthwith and shall absent himself during the remainder of the day’s
meeting.
(2) If any councillor is ordered to withdraw a second time within fifteen
days, the presiding authority may suspend such councillor from attending
the meetings of the Corporation for such period not exceeding fifteen days
as the presiding authority may fix and the councillor so directed shall absent
himself accordingly:
Provided that the presiding authority may remit the period of suspension
on apology being made to his satisfaction by the councillor under suspension:
Provided also that such suspension from the service of the Corporation
shall not prevent any councillor from participating in the proceedings of any
committee of which he is a member.
(3) The presiding authority may, in the case of grave disorder arising in
a meeting, suspend the meeting for a period not exceeding three days.
Proceedings of the Standing Committee.
3. (a) There shall be a meeting of the Standing Committee once a week, Provisions
regulating the
and at such other times as shall be found necessary ; proceedings of
(b) the first meeting of each Standing Committee shall be held on a day the Standing
Committee.
and at a time to be fixed by the Commissioner, and if not held on that day
shall be held on some subsequent day to be fixed by the Commissioner; and
every subsequent meeting of the Standing Committee shall be held on such
day and at such time as the said Committee from time to time determines ;
(c) the Chairman of the Standing Committee shall, upon a written
requisition signed by the Commissioner, call a special meeting of the said
Committee within twenty-four hours for the transaction of any business
which, in the opinion of the Commissioner, cannot be delayed until the next
ordinary meeting of the said Committee ;
(d) no business shall be transacted at a meeting of the Standing
Committee unless at least five members are present from the beginning to
the end of such meeting ;
(e) every meeting of the Standing Committee shall be presided over by
the Chairman, if the Chairman is present at the time appointed for holding
the meeeting, and, if the Chairman is absent by such one of the members
present as may be chosen by the meeting to be chairman for the occasion;
(f) every question shall, except as otherwise provided in this Act, be
decided by a majority of votes of the members of the Standing Committee
present and voting on that question, the presiding authority having a second
or casting vote when there is an equality of votes ;
(g) a sub-committee may elect a chairman of its meetings, and if no such
chairman is elected or if he is not present at the time appointed for holding
any meeting, the members of the sub-committee present shall choose one of
its member to be Chairman of such meeting ;
(h) sub-committees may meet and adjourn as they think proper, but the
Chairman of the Standing Committee may, whenever he thinks fit, and shall,
upon the written request of not less than two members of a sub-committee,
call a special meeting of such sub-committee ;
H 610—42
308 Maharashtra Municipal Corporations Act [1949 : LIX

(i) questions at any meeting of a sub-committee shall be decided by a

majority of votes of the members present, and in case of an equality of votes,
the Chairman of the meeting shall have a second or casting vote, but no
business shall be transacted at any such meeting unless at least two-thirds
of the members of the sub-committee are present from the beginning to the
end thereof ;
(j) a minute shall be kept by the Municipal Secretary of the names of the
members present and of the proceedings at each meeting of the Standing
Committee and at each sub-committee’s meetings in a book to be provided
for this purpose, which shall be signed at, and by the presiding authority of,
the next ensuing meeting ;
1
[(k) where, any proposal of the Commissioner requires sanction or
approval of any committee constituted under the provisions of this Act, the
committee shall consider and dispose of any such proposal within forty-five
days reckoned from the date of the meeting of the committee held immediately
after the proposal is received by the Municipal Secretary, whether the item
pertaining to such proposal is taken on the agenda of such meeting or not,
failing which the sanction or approval to such proposal shall be deemed to
have been given by such committee and the report to that effect shall be made
by the Commissioner to the Corporation :
Provided that, any such deemed sanction or approval shall be restricted
to the extent the proposal conforms to the provisions of this Act or any other
law for the time being in force.]
Proceedings of the Transport Committee.
Meetings of 4. (a) The Transport Committee shall meet for the despatch of business
Transport
Committee.
in the chief municipal office or at such other place as the Corporation may
direct ;
(b) there shall be a meeting of the Transport Committee once a fortnight
and at such other times as shall be found necessary ;
(c) the first meeting of the Transport Committee shall be held on a day
and at a time to be fixed by the Mayor and, if not held on that day, shall be
held on some subsequent day to be fixed by the Mayor; and every subsequent
meeting of the Committee shall be held on such day and at such time as the
Committee may from time to time determine ;
(d) the Chairman of the Transport Committee may, whenever he thinks
fit, and shall, upon a written requisition signed by the Commissioner or the
Transport Manager, or by not less than three members of the Committee,
within forty-eight hours of the receipt by him of the requisition, call a special
meeting of the Committee for the transaction of any business ;
(e) no business shall be transacted at a meeting of the Transport
Committee unless at least four members are present from the beginning to
the end of meeting ;
(f) every meeting of the Transport Committee shall be presided over by
the Chairman, if the Chairman is present at the time for holding the meeting,
and, if the Chairman is absent, by such one of the members as may be chosen
by the meeting to be chairman for the occasion ;
1.
Clause (k) was added by Mah. 32 of 2011, s. 30(b).
1949 : LIX] Maharashtra Municipal Corporations Act 309

(g) every question shall, subject to the provisions of this Act, be decided
by a majority of votes of the members of the Transport Committee present
and voting on that question, the presiding authority having a second or casting
vote when there is an equality of votes ;
(h) the Transport Committee shall cause to be kept a minute of the names
of the members present and of the proceedings at each meeting of the
Committee in a book to be provided for this purpose, which shall be signed
at, and by the presiding authority of, the next ensuing meeting after
confirmation by the Committee at such meeting.
Questions.
5. (1) Any question concerning or connected with the administration Right to ask
of this Act or the municipal government of the City may be asked by a questions.
councillor subject to the following conditions :—
(a) not less than seven clear days notice in writing specifying the
question shall be given to the Municipal Secretary ;
(b) no question shall be asked—
(i) which calls for an experession of opinion or for the solution of an
abstract legal question or of a hypothetical proposition ;
(ii) which concerns or is connected with, either directly or indirectly,
any pending suit or proceedings, in any court of law or before any tribunal
in any part of the Dominion of India ;
(iii) which relates to the character or conduct of any municipal officer
or servant except in his official or public capacity ; or
(iv) which is, or by implication may be, defamatory of or which makes
or implies a charge of a personal character against any person or
community or section of any community.
(2) The Mayor shall disallow any question which is, in his opinion, in
contravention of the provisions of sub-rule (1).
(3) If any doubt arises whether any question is or is not within the
restrictions imposed by sub-rule (1) the Mayor shall decide the point and his
decision shall be final.
(4) Unless otherwise directed by the presiding authority, every question
shall be answered by the Commissioner at a meeting of the Corporation.
(5) The Commissioner shall not be bound to answer a question if, in his
opinion, it cannot be answered without detriment to the interests of the
Corporation or if it asks for information which has been communicated to him
in confidence.
(6) If any question seeks information which is available in any printed
record of the Corporation, it shall be sufficient for the Commissioner in his
answer to invite attention to such record.
(7) The Transport Manager shall without unreasonable delay furnish the
Commissioner with such information relating to the Transport Undertaking
as he may require for the purpose of answering any question under this rule.

H 610—42a
310 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER III.

METHOD OF APPOINTMENT OF CERTAIN MUNICIPAL

OFFICERS AND SERVANTS AND THEIR
DUTIES AND POWERS.

I. Method of appointment.

Manner of 1. Save in the case of temporary appointments made under sub-section

making
appointment.
(7) of section 45 and in the case of acting appointments made under section
58 no person shall be appointed to any of the posts the power of appointment
to which vests in the Corporation unless he possesses the qualifications
prescribed in this behalf under rule 3.

2. Before making an appointment to any post referred to in rule 1

applications shall be invited for such post by advertisement in the local
newspapers and the applications received shall be scrutinised by the
Commissioner who shall submit to the Corporation, through a committee if
so required by the Corporation, a list arranged in order of preference of such
persons out of those who have applied as he considers qualified for the post:

Provided that, if the Corporation is of the opinion that any officer in

municipal service possessing the qualifications prescribed under rule 3 is a
fit person to be appointed to the post, it may appoint such officer to the post
without following the procedure prescribed in this rule.

3. Subject to the provisions of this Act, the Corporation shall from time
to time prescribe the qualifications required for each post, the power of
appointment to which vest in the Corporation, with the approval of the
1
[ State] Government, who may, in granting such approval, make such
modifications in, or additions to, the qualifications prescribed by the
Corporation as it deems fit.

4. In the case of appointments made by any authority other than the

Corporation no person shall be appointed except in a temporary or
provisional capacity for a period not exceeding six months, unless he possess
the qualifications specified in the regulations.
II. Chief Auditor.

5. (1) The Municipal Chief Auditor shall audit the accounts of the
Corporation, as hereinafter provided, with the assistance of the assistant
auditors, clerks and servants immediately subordinate to him.

(2) In the discharge of his functions under this rule the Municipal Chief
Auditor shall,—
(i) audit the accounts of expenditure from the revenue of the
Corporation, expenditure on account of loan works and expenditure
incurred out of special funds and shall ascertain whether moneys shown

1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1949 : LIX] Maharashtra Municipal Corporations Act 311

therein as having been disbursed were legally available for, and

applicable to, the service or purpose to which they have been applied or
charged, and whether the expenditure conforms to the authority which
governs it ;
(ii) audit the accounts of debt, deposit, sinking funds, advances,
suspense and remittance transactions of the Corporation and report upon
those accounts and upon the results of verification of the balances relating
thereto.
(3) The Municipal Chief Auditor shall examine and audit the statement
of accounts relating to the commercial services conducted in any department
of the Corporation, including the balance sheets, where such accounts are
maintained under the orders of the Corporation, the Standing Committee
or the Transport Committee; and shall certify and report upon these
accounts.
(4) The Municipal Chief Auditor shall, in consultation with the Standing
Committee, and subject to any directions given by the Corporation, determine
the form and manner in which his reports on the accounts of the Corporation
shall be prepared and shall have authority to call upon any officer of the
Corporation to provide any information necessary for the preparation of these
reports.
6. (1) The Municipal Chief Auditor may make such queries and
observations in relation to any of the accounts of the Corporation which he is
required to audit and call for such vouchers, statements, returns and
explanations in relation to such accounts as he may think fit.
(2) Every such query or observation as aforesaid shall be promptly taken
into consideration by the officer or authority to whom it may be addressed
and returned without delay with the necessary vouchers, documents or
explanations to the Chief Auditor.
(3) The powers of the Municipal Chief Auditor with regard to disapproval
of, and the procedure with regard to settlement of objections to, expenditure
from the revenues of the Corporation shall be such as may be prescribed by
regulations.
7. If the Municipal Chief Auditor considers it desirable that the whole
or any part of the audit applied to any accounts which he is required to audit
shall be conducted in the offices in which these accounts originate, he may
require that these accounts, together with all books and documents having
relation thereto, shall at all convenient times be made available in the said
office for inspection.
8. The Municipal Chief Auditor shall have power to require that any
books or other documents relating to the accounts he is required to audit shall
be sent for inspection by him :
Provided that, if the documents are confidential he shall be responsible
for preventing disclosure of their contents.
312 Maharashtra Municipal Corporations Act [1949 : LIX

9. The Municipal Chief Auditor shall have authority to frame rules, and
to give directions on all matters relating to audit, particularly in respect of
the method and the extent of audit to be applied and the raising and pursuing
of objections.
10. Sanctions to expenditure accorded by the Municipal Chief Auditor
shall be audited by an officer to be nominated by the Corporation.
CHAPTER IV.
ESSENTIAL SERVICES.
Class I.
(a) Scavenging or cleansing streets or premises,
(b) maintaining, repairing, cleansing or flushing drains,
(c) removing or disposing of excrementitious or polluted matter from
houses, latrines, privies, urinals or cesspools,
(d) removing carcasses,
(e) preventing nuisances generally.
Class II.
(a) Fire brigade service,
(b) services in connection with the maintenance or service of any
municipal water works, drains, pumping stations or fire hydrant,
including,—
(i) Inspectors,
(ii) Sub-Inspectors,
(iii) Foremen,
(iv) Mechanics,
(v) Drivers,
(vi) Watchmen,
(vii) Labourers,
(viii) Workmen,
(c) Lamp-lighters.
Class III.
(a) Electric undertaking services,
(b) transport services.
CHAPTER V.
CONTRACTS.
Mode of 1. (1) Every contract entered into by the Commissioner on behalf of the
executing
contracts. Corporation shall be entered into in such manner and form as would bind the
Commissioner if such contract were on his own behalf, and may in the like
manner and form be varied or discharged :
1949 : LIX] Maharashtra Municipal Corporations Act 313

Provided that,—
(a) any such contract which would require to be under seal if it were
entered into by the Commissioner shall be sealed with the common seal
of the Corporation ; and
(b) every contract for the execution of any work or the supply of any
materials or goods which will involve an expenditure exceeding five
hundred rupees or such higher amount as the Corporation, with the
1
approval of the [State] Government, may from time to time prescribe
shall be in writing and shall be sealed with the common seal of the
Corporation in the manner prescribed in sub-rule (2), unless the contract
relates to work which has already been performed or the supply of
materials or goods which have already been supplied to the satisfaction
of the Commissioner and the Commissioner by order in writing dispenses
with the execution of a written instrument.
(2) The common seal of the Corporation, which shall remain in the
2
custody of the Municipal Secretary, shall be affixed in the presence of [any
two persons from amongst any two members of the Standing Committee,
Municipal Secretary and any officer not below the rank of Deputy Municipal
Commissioner, as may be authorised by the Commissioner] to every contract
3
or other instrument [other than contract relating to the acquisition of
immovable property or interest therein or a right thereto] required to be under
4
seal and such contract or instrument shall be signed by [the said two persons]
in token that the same was sealed in their presence. The signatures of 5[the
said two persons] shall be distinct from the signatures of any witnesses to
the execution of any such contract or instrument.
2. (1) Except as is hereinafter otherwise provided, the Tenders to be
invited for
Commissioner or any officer authorised by him in this behalf shall, at least certain
seven days before entering into any contract for the execution of any work contracts.
or the supply of any materials or goods which will involve an expenditure
6
exceeding [two lakhs] rupees or such higher amount as the Corporation
1
may, with the approval of the [State] Government, from time to time
prescribe, give notice by advertisement in the local newpapers, inviting
tenders for such contract :
7
[Provided that, the notice of any tender for contract below the amount
of two lakhs rupees shall be uploaded on the official website of the
Corporation.]
1
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
These words were substituted for the words “ two members of the Standing Committee” by
Mah. 32 of 2011, s.31(a)(i).
3
These words were inserted by Mah. 32 of 2011, s.31(a)(ii).
4
These words were substituted for the words “ the said two members of the Standing
Committee” by Mah. 32 of 2011, s.31(a)(iii).
5
These words were substituted for the words “ the said members” by Mah. 32 of 2011,
s.31(a)(iv).
6
These words were substituted for the words “ three thousand” by Mah. 32 of 2011, s. 31(b)(i).
7
This proviso was added by Mah. 32 of 2011, s. 31(b)(ii).
314 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The Commissioner shall not be bound to accept any tender which may
be made in pursuance of such notice, but may accept, subject to the provision
of clause (c) of section 73, any of the tenders so made which appears to him,
upon a view of all the circumstances, to be the most advantageous :

Provided that the Standing Committee may authorize the Commissioner,

for reasons which shall be recorded in its proceedings, to enter into a contract
without inviting tenders as herein provided or without accepting any tender
which he may receive after having invited them.

Security when 3. The Commissioner shall require sufficient security for the due
to be taken for
performance performance of every contract into which he enters under rule 2 and may, in
of contract.
his discretion, require security for the due performance of any other contract
into which he enters under this Act.

Application of 4. The provisions of this Chapter shall, so far as may be, apply to
Chapter to
contracts contracts relating to the Transport Undertaking:
relating to
Transport Provided that the functions to be performed thereunder by the Standing
Undertaking.
Committee or the members thereof and the Commissioner shall be performed
by the Transport Committee or the members thereof and the Transport
Manager, as the case may be.

CHAPTER VI.

SPECIAL FUNDS.

Contitution of 1. Fines collected under section 56 from municipal officers and servants
Fines Funds.
other than those appointed under the provisions of Chapter XX shall be
credited to a separate fund to be called “ the Fines Fund ” the proceeds of
which shall be expended in promoting the well-being of municipal officers
and servants other than those appointed under the provisions of Chapter XX
and for the payment of compassionate allowances, in accordance with such
directions as the Standing Committee may from time to time give, to the
surviving spouse or children, and in the absence of the surviving spouse or
children, the parents, brothers and sisters, if any, of such officers and servants
who die while in municipal service.
Constitution 2. Amounts transferred to the Municipal Fund under the provisions of
of Welfare
Fund. clause (c) of sub-section (1) of section 360 shall be credited to a special fund
to be called “ the Welfare Fund ” and shall be expended in providing such
benefits and amenities to municipal officers and servants, including those
appointed under the provisions of Chapter XX, and to such members of their
families and their dependents as the Standing Committee may from time to
time determine.
1949 : LIX] Maharashtra Municipal Corporations Act 315

Special funds
3. (1) With the previous approval of the Corporation, all moneys payable may be created
from time to time to the credit of the Municipal Fund which expressly relate with the
approval of
to an object for which it is deemed expedient to create a special fund shall be Corporation.

credited, and all expenditure which expressly relates to such object shall be
debited, to a separate heading in the municipal accounts.

(2) With the like approval, a portion of the Municipal Fund may from
time to time be credited to a separate heading in the municipal accounts for
the purpose of reserving funds for meeting expenditure relating to some
specific object for which it is deemed expedient to create a special fund and,
when such a fund is created, such expenditure only which expressly relates
to such object shall be debited to such special heading.

(3) If the Corporation is at any time of the opinion that the maintenance
of a special fund created under this rule is no longer necessary, it may direct
that such fund be closed and the unexpended balance, if any, of such fund be
appropriated in such manner as it may direct.

4. Fines collected under section 56 from municipal officers and servants Institution of
Transport Staff
appointed under Chapter XX, donations from passengers and the proceeds Benefit Fund.

of the sale of unclaimed lost property recovered from vehicles of the Transport
Undertaking shall be credited to a separate heading in the accounts of the
Transport Undertaking to be called the Transport Staff Benefit Fund and the
amounts so credited shall be expended in promoting the well-being of such
officers and servants and for the payment of compassionate allowances to the
widows of such officers and servants who die while in municipal service and
to such other relations of the officers and servants as the Transport Committee
may from time to time determine.

5. (1) With the previous approval of the Corporation, the Transport Other special
funds.
Committee may direct that any moneys payable from time to time to the credit
of the Transport Fund which expressly relate to an object for which it is
deemed expedient to create a special fund shall be credited, and all
expenditure which expressly relates to such object shall be debited, to a
separate heading in the accounts of the Transport Undertaking.

(2) With the like approval, a portion of the Transport Fund may from
time to time be credited to a separate heading in the accounts of the Transport
Undertaking for the purpose of reserving funds for meeting expenditure
relating to some specific object for which it is deemed expedient to create a
special fund and, when such a fund is created, such expenditure only which
expressly relates to such object shall be debited to such special heading.
H 610—43
316 Maharashtra Municipal Corporations Act [1949 : LIX

(3) If the Transport Committee is at any time of the opinion that the
maintenance of a special fund created under this rule is no longer necessary,
it may, with the sanction of the Corporation, direct that such fund be closed
and the unexpended balance, if any, of such fund be appropriated in such
manner as it may direct.

CHAPTER VII.

BUDGETS.
Classification 1. The expenditure side of a budget estimate shall be classified under
of budget
heads. major heads, minor heads, subordinate heads and primary units,—

(a) “ Major head ” means the principal head of accounts

corresponding to the different services under which expenditure is
classified in the budget estimate, and may be divided into two or more
minor heads.

(b) “ Minor head ” means the head of accounts immediately

subordinate to a major head under which each major head is classified,
and may be further sub-divided into two or more subordinate heads.

(c) “ Subordinate head ” means the head of accounts immediately

subordinate to a minor head under which each minor head is classified
and may be further sub-divided into two or more primary units.

(d) “ Primary unit” means the ultimate group or groups into which
individual items of expenditure in the budget estimates are arranged.
Reductions or 2. (1) Subject to the provisions of sub-section (1) of section 101, the
transfers.
Corporation may, on the recommendation of the Standing Committee from
time to time during an official year, sanction the transfer of any amount from
one budget grant to another.

(2) The Standing Committee may at any time during an official year—

(a) reduce the amount of a budget grant;

(b) sanction the transfer of any amount within a budget grant from
one minor head to another or from a subordinate head under one minor
head to a subordinate head under another minor head ; or

(c) sanction the transfer of any amount exceeding rupees five

thousand within a minor head from one subordinate head to another or
from one primary unit to another.

(3) The Commisioner may, at any time during an official year, sanction
the transfer of any amount not exceeding rupees five thousand within a minor
head from one subordinate head to another or from one primary unit to
another, if such transfer does not involve a recurring liability :
1949 : LIX] Maharashtra Municipal Corporations Act 317

Provided that every transfer of an amount exceeding rupees five hundred

made under sub-rule (3) shall be reported forthwith by the Commissioner to
the Standing Committee.

(4) When making any transfer under sub-rules (1), (2) and (3), due regard
shall be had to all the requirements of this Act.

(5) If any such reduction as is referred to in clause (a) of sub-rule (2) is

of an amount exceeding five hundred rupees, the Corporation may pass with
regard thereto such order as it may think fit, and it shall be incumbent on
the Standing Committee and the Commissioner to give effect to such order.

(6) For the purpose of expenditure from the Transport Fund the
provisions of this rule shall apply as if for the words “Standing Committee”
the words “Transport Committee” and for the word “Commissioner” the words
“Transport Manager” had been substituted.

CHAPTER VIII.

TAXATION RULES.

Notice of transfer, etc., of premises assessable to Property-taxes.

1. (1) Whenever the title of any person primarily liable for the payment Notice to be
given to
of property-taxes on any premises to or over such premises is transferred, Commissioner
the person whose title is so transferred and the person to whom the same of all
transfers of
shall be transferred shall, within three months after execution of the title of
persons
instrument of transfer, or after its registration, if it be registered, or after primarily
the transfer is effected, if no instrument be executed, give notice of such liable to
payment of
transfer, in writing to the Commissioner. property tax.

(2) In the event of the death of any person primarily liable as aforesaid,
the person to whom the title of the deceased shall be transferred, as heir or
otherwise, shall give notice of such transfer to the Commissioner within one
year from the death of the deceased.

2. (1) The notice to be given under rule 1 shall be in such form as the Form of notice
[and fee
1
Commissioner may from time to time by public notice specify and shall state payable for
clearly and correctly all the particulars required by the said form. transfer of
title.]
(2) On receipt of any such notice, the Commissioner may, if he thinks it
necessary, require the production of the instrument of transfer, if any, or of
2
a copy thereof obtained under section 57 of the * * Registration Act, 1908,
or, in case of a transfer of the title of a deceased person, of any other document
constituting evidence of such transfer.
1
These words were added by Mah. 10 of 2010, s. 21 (1).
2
The word “Indian” was deleted by Mah. 10 of 2010, s. 21 (2).
H 610—43a
318 Maharashtra Municipal Corporations Act [1949 : LIX

(3) No such notice shall be deemed to be validly given unless the property
taxes due at the date of notice in respect of the premises to which it relates
have been paid and unless such fees as may from time to time be prescribed
by the Standing Committee for acceptance of the notice has been paid.

Liability for 3. (1) If any person primarily liable for the payment of a property-tax
payment of
property- whose title to or over such premises is transferred fails to give notice of such
taxes to
continue in transfer to the Commissioner, he shall, in addition to any other liability which
the absence of he incurs through such neglect, continue liable for the payment of all
any notice of
transfer. property-taxes from time to time payable in respect of the said premises until
he gives such notice, or until the transfer shall have been recorded in the
Commissioner’s books.

(2) Nothing in this rule shall be held to diminish the liability of the
transferee for the said property-taxes, or to affect the prior claim of the
Commissioner on the premises conferred by section 141 for the recovery of
the property-taxes due thereupon.

Commissioner 4. (1) On the written request of the Commissioner, the Registrar or

may call for
information Sub-Registrar of the district or sub-district formed for the purposes of
from 1
the * * Registration Act, 1908, in which the City is situate shall furnish such
Registrar.
particulars regarding the registration of instruments of transfer of title to
immovable properties in the City as the Commissiner may from time to time
specify.

(2) Such information shall be furnished as soon as may be after the

registration of an instrument of transfer is effected or, if the Commissioner
so requests, in periodical returns made at such intervals as the Commissioner
may fix.

Notice to be 5. (1) When any new building is erected, or when any building is rebuilt
given to 2
Commissioner or enlarged or when any building which has been vacant is reoccupied [or
of the erection when there is change of user of part or whole of the building] the person
of a new
building, etc. primarily liable for the property-taxes assessed on the building, shall within
fifteen days give notice thereof, in writing, to the Commissioner.

(2) The said period of fifteen days shall be counted from the date of the
completion or of the occupation, whichever first occurs, of the building which
has been newly erected or rebuilt, or of the enlargement, as the case may be,
and in the case of a building which has been vacant, from the date of the
3
reoccupation thereof [and in the case of change of user of part or whole of
the building, from the date of such change of user].

1
The word “Indian” was deleted by Mah. 10 of 2010, s. 22.
2
These words were inserted by Mah. 10 of 2010, s. 23 (1).
3
These words were added by Mah. 10 of 2010, s. 23 (2).
1949 : LIX] Maharashtra Municipal Corporations Act 319

6. (1) When any building or any portion of a building which is liable to Notice to be
given to the
the payment of a property-tax is demolished or removed, otherwise than by Commissioner
order of the Commissioner, the person primarily liable for the payment of of demolition
or removal of
the said tax shall given notice thereof in writing to the Commissioner. a building.

(2) Until such notice is given the person aforesaid shall continue liable
to pay every such property tax as he would have been liable to pay in respect
of such building if the same, or any portion thereof, had not been demolished
or removed :
Provided that nothing in this rule shall apply in respect of a building or
portion of a building which has fallen down or been burnt down.
7. (1) In order to fix the rateable value of any building or land assessable Rateable value
to a property-tax there shall be deducted from the amount of the annual rent how to be
determined.
for which such land or building might reasonably be expected to let from year
to year a sum equal to ten per cent. of the said annual rent, and the said
deduction shall be in lieu of all allowance for repairs or on any other account
whatever.
(2) All plant and machinery contained or situate in or upon any building
or land and belonging to any of the classes specified from time to time by public
notice by the Commissioner, with the approval of the Corporation, shall be
deemed to form part of such building or land for the purpose of fixing the
rateable value thereof under sub-rule (1) but, save as aforesaid, no account
shall be taken of the value of any plant or machinery contained or situated in
or upon any such building or land.
(3) A statement setting out clearly the classes of plant and machinery
specified from time to time by the Commissioner under sub-rule (2) and
describing in detail what plant and machinery falls within each such class
shall be prepared by the Commissioner under the directions of the Standing
Committee and shall be open to inspection at all reasonable hours by members
of the public at the chief municipal office.
(4) Printed copies of the statement prepared under sub-rule (3) shall be
kept on sale at the chief municipal office at such price as the Commissioner
may fix.
1
[7A. (1) In order to fix the capital value of any building or land assessable Capital value
to a property tax, the Commissioner shall have regard to the value of any how to be
determined.
building or land as indicated in the Stamp Duty Ready Reckoner for the time
being in force as prepared under the Bombay Stamp (Determination of True
Market Value of Property) Rules, 1995, framed under the provisions of the
Bom. LX 2
of 1958. *Bombay Stamp Act, 1958 [as a base value], or where the Stamp Duty Ready
Reckoner does not indicate value of any properties in any particular area
wherein a building or land in respect of which capital value is required to be
determined is situate, or in case such Stamp Duty Ready Reckoner does not
1
Rule 7A was inserted by Mah. 10 of 2010, s. 24.
2
These words were inserted by Mah. 27 of 2010, s. 13 (A) (1) (a).
* The short title was amended as “the Maharashtra Stamp Act” by Mah. 24 of 2012,
s.2 and 3, Schedule, entry 67, with effect from the 1st May 1960.
320 Maharashtra Municipal Corporations Act [1949 : LIX

exist, then the Commissioner may fix the capital value of any building or land,
1
[taking into consideration the market value of such building or land, as a base
value. The Commissioner, while fixing the capital value as aforesaid, shall
also have regard to the following factors, namely :—]
(a) the nature and type of the land and structure of the building ;
(b) area of land or carpet area of building ;
(c) user category, that is to say, (i) residential, (ii) commercial (shops
or the like), (iii) offices, (iv) hotels (upto 4 stars), (v) hotels (more than 4
stars), (vi) banks, (vii) industries and factories, (viii) school and college
building or building used for educational purposes, (ix) malls, and (x) any
other building or land not covered by any of the above categories;
(d) age of the building ; or
(e) such other factors as may be specified by Regulations made under
sub-rule (2).
(2) The Commissioner shall, with the approval of the Standing Committee,
frame such Regulations as respects the details of categories of building or
2
land and the weightage by multiplication to be [assigned to various such
factors and categories]for the purpose of fixing the capital value under sub-
rule (1).
(3) The capital value of any building or land fixed under sub-rule (1) shall
be revised every five years :
Provided that, the Commissioner may, for reasons to be recorded in
writing, revise the capital value of any building or land any time during the
said period of five years and shall accordingly amend the assessment- book
in relation to such building or land under rule 20.
(4) The provisions of sub-rules (2), (3) and (4) of rule 7 shall mutatis
mutandis apply for fixing the capital value also.]

Commissioner 8. (1) To enable him to determine the 3[ratable value or the capital value,
may call for as the case may be,] of any building or land and the person primarily liable
informations
or return from for the payment of any property tax leviable in respect thereof, the
owner or Commissioner may require the owner or occupier of such building or land, or
occupier or
enter and of any portion thereof, to furnish him, within such reasonable period as the
inspect Commissioner prescribes in this behalf, with information or with a written
assessable
premises. return signed by such owner or occupier :—
(a) as to the name and place of abode of the owner or occupier, or of
both the owner and occupier of such building or land ;
(b) as to the dimensions of such building or land, or of any portion
thereof and the rent, if any, obtained for such building or land, or any
portion thereof ; and
1
These words were substituted for the words "taking into consideration the market value of
such building or land, as a base value; and also have regard to the following factors,
namely :—” by Mah. 27 of 2010, s. 13 (A) (1) (b).
2
These words were substituted for the words "assigned to various such categories", by Mah. 27
of 2010, s. 13 (A)(2).
3
These words were substituted for the word "value" by Mah. 10 of 2010, s. 25 (1).
1949 : LIX] Maharashtra Municipal Corporations Act 321

(c) as to the actual cost or other specified details connected with the
1
determination of the [ratable value or the capital value, as the case may
be,] of such building or land.
2
[(d) as to the details in respect of any or all the items as enumerated
in clauses (a) to (e) of sub-rule (1) of rule 7A, in relation to such building
or land or of any portion thereof.]
(2) Every owner or occupier on whom any such requisition is made shall
be bound to comply with the same and to give true information or to make a
true return to the best of his knowledge or belief.
(3) Whoever omits to comply with any such requisition or fails to give
true information or to make a true return to the best of his knowledge or belief
shall, in addition to any penalty to which he may be liable, be precluded from
objection to any assessment made by the Commissioner in respect of such
building or land of which he is the owner or occupier.
(4) The Commissioner may also, for the purpose aforesaid, make an
inspection of any such building or land.
Assessment-book.
9. The Commissioner shall keep a book, to be called “ the assessment- Assessment
3 book what to
book ” [in such form and manner as he may, with the approval of the Standing contain.
Committee, decide], in which shall be entered every official year,—
(a) a list of all buildings and lands in the City, distinguishing each
either by name or number as he shall think fit, and containing such
particulars regarding the location or nature of each as will, in his opinion,
be sufficient for identification ;
4
(b) the ratable value [or the capital value, as the case may be,] of
each such building and land determined in accordance with the
provisions of this Act and the rules ;
(c) the name of the person primarily liable for the payment of the
property-taxes, if any, leviable on each such building or land ;
5
[(d) if any such building or land is not liable to be assessed to
the general tax or is exempted from payment of property-tax, either in
whole or in part, the reason of such non-liability or exemption, as the
case may be ; ]
(e) when the rates of the property-taxes to be levied for the year
have been duly fixed by the Corporation and the period fixed by public
notice, as hereinafter provided, or the receipt of complaints against the
6
amount of ratable value [or the capital value, as the case may be,] entered
1
These words were substituted for the word "value", by Mah. 10 of 2010, s. 25 (1).
2
Clause (d) was added by Mah. 10 of 2010, s. 25 (2).
3
These words were inserted by Mah. 10 of 2010, s. 26 (1).
4
These words were inserted by Mah. 10 of 2010, s. 26 (2).
5
Clause (d) was substituted by Mah. 10 of 2010, s. 26 (3).
6
These words were inserted by Mah. 10 of 2010, s. 26(4)
322 Maharashtra Municipal Corporations Act [1949 : LIX

in any portion of the assessment-book has expired, and in the case of

any such entry which is complained against, when such complaint has
been disposed of in accordance with the provisions hereinafter
contained, the amount at which each building or land entered in such
portion of the assessment-book is assessed to each of the property-taxes,
if any, leviable thereon;
(f) if, under section 134 or 135, a charge is made for water supplied
to any building or land by measurement or the water-tax or charge for
water by measurement is compounded for, or if, under section 137, the
conservancy tax for any building or land is fixed at a special rate, the
particulars and amount of such charge, composition or rate;
(g) such other details, if any, as the Commissioner from time to time
thinks fit to direct.
The 10. (1) The assessment-book may, if the Commissioner thinks fit, be
assessment made in separate books, called "ward assessment-books", one for each of the
book to be
made wards into which the City is for the time being divided for the
separately for 1
[administrative purposes] and each ward assessment-book may be divided
each ward and
in part, if into two or more parts for such purposes and with such several designations
necessary. as the Commissioner shall determine.
(2) The ward assessment-books and their respective parts, if any, shall
collectively constitute the assessment-book.
Treatment of 11. (1) When any building or land is let to two or more persons holding
property severally, the Commissioner may, for the purpose of assessing such building
which is let to
two or more or land to the property taxes, either treat the whole thereof as one property,
persons in or, with the written consent of the owner of such building or land, treat each
separate
occupancies. several holding therein or any two or more of such several holdings together,
or each floor or flat, as a separate property.
(2) When the Commissioner has determined to treat all the several
holdings comprised within any one building or land under this section as one
property, he may, subject to any general conditions which may from time to
time be prescribed by the Standing Committee in this behalf, at any time not
later than seven days before the first day of any half-year for which an
instalment of general tax will be leviable in respect of the said property,
sanction a draw-back of one-fifth part of the general tax so leviable.
(3) Every person who applies for a drawback under sub-rule (2) shall
furnish to the Commissioner full and correct information regarding the
property in respect of which the claim for drawback is made and the several
holdings comprised therein in such form and with such particulars as may be
required by the Commissioner in accordance with the general conditions
prescribed in this behalf by the Standing Committee.
Procedure 12. (1) When the name of the person primarily liable for the payment
where name of
person
property-taxes in respect of any premises cannot be ascertained, it shall be
primarily sufficient to designate him in the assessment-book and in any notice which it
liable for may be necessary to serve upon the said person under this Act, “the holder”
property taxes
cannot be of such premises, without further description.
ascertained.
1
These words were substituted for the words “purpose of election” by Mah. 10 of 2010, s.27.
1949 : LIX] Maharashtra Municipal Corporations Act 323

(2) If, in any such case, any person in occupation of the premises shall
refuse to give such true information as may be requisite for determining who
is primarily liable as aforesaid, such person shall himself be liable, until such
information is obtained, for all property-taxes leviable on the premises of
which he is in occupation.
13. (1) When the entries required by clauses (a), (b), (c) and (d) of rule Public notice
to be given
9 have been completed, as far as practicable, in any ward assessment-book,
when
the Commissioner shall give public notice thereof and of the place where the valuation of
ward assessment-book, or a copy of it, may be inspected. property in
any ward has
(2) Such public notice shall be given by advertisement in the local news- been
completed.
papers and also by posting placards in conspicuous places throughout the ward
1
[or by any other mode including electronic media as the Commissioner may
think fit.]
14. (1) Every person who reasonably claims to be the owner or occupier Assessment-
book to be
of some premises entered in the assessment-book or the agent of any such open to
owner or occupier shall be permitted, free of charge, to inspect and to take inspection.
extracts from any portion of the said book which relates to the said premises.
(2) Any person not entitled under sub-rule (1) to inspect and take extracts
from any portion of the assessment-book free of charge shall be permitted to
do so on payment of such fee as shall from time to time be prescribed in this
behalf by the Commissioner, with the approval of the Standing Committee.
15. (1) The Commissioner shall, at the time and in the manner Time for filing
2
prescribed in rule 13, give public notice of a day, not being less than [twenty- complaints
against
one days] from the publication of such notice, on or before which complaints valuations to
against the amount of any ratable value 3[or the capital value, as the case may be publicly
announced.
be,] entered in the ward assessment-book will be received in his office.
(2) In every case in which any premises have for the first time been
entered in assessment-book as liable to the payment of property-taxes, or in
3
which the ratable value [or the capital value, as the case may be,] of any
premises liable to such payment has been increased, the Commissioner shall,
as soon as conveniently may be after the issue of the public notice under sub-
rule (1), give a special written notice to the owner or occupier of the said
premises specifying the nature of such entry and informing him that any
complaint against the same will be received in his office at any time within
2
[twenty-one days] from the service of the special notice.
16. (1) Every complaint against the amount of any ratable value 4[or the Time and
capital value, as the case may be,] entered in the assessment-book or against manner of
filing
the mention of the name of any person as primarily liable for the payment of complaints
property taxes or against the treatment of any building or land as liable to be against
valuation.
assessed to the general tax must be made by written application to the
Commissioner, which shall be left at his office on or before the day or the latest
day fixed in this behalf in the public or special notice aforesaid.
(2) Every such application shall set forth briefly but fully the grounds on
which the valuation is complained against.
1
These words were added by Mah. 10 of 2010, s. 28.
2
These words were substituted for the words “fifteen days” by Mah. 10 of 2010, s. 29 (1)(a) and
29 (2)(b).
3
These words were inserted by Mah. 10 of 2010, s. 29 (1) (b) and 29 (2) (a).
4
These words were inserted by Mah. 10 of 2010, s. 30.
H 610—44
324 Maharashtra Municipal Corporations Act [1949 : LIX
Notice to 17. The Commissioner shall cause all complaints so received to be
complainants
of day fixed for registered in a book to be kept for this purpose and shall give notice, in writing,
investigating to each complainant, of the day, time and place when and whereat his
their complaint will be investigated.
complaints.
Hearing of 18. (1) At the time and place so fixed, the Commissioner shall investigate
complaint.
and dispose of the complaint in the presence of the complainant, if he shall
appear, and, if not, in his absence.
(2) For reasonable cause, the Commissioner may from time to time
adjourn the investigation.
(3) When the complaint is disposed of, the result thereof shall be noted
in the book of complaints kept under rule 17 and any necessary amendment
shall be made in accordance with such result in the assessment-book.
Authentication 19. When all such complaints, if any, have been disposed of and the
of ward entries required by clause (e) of rule 9 have been completed in the ward
assessment-
books when assessment-book, the said book shall be authenticated by the Commissioner,
all complaints who shall certify, under his signature, that except in the cases, if any, in which
have been
disposed of.
amendments have been made as shown therein, no valid objection has been
1
made to the rateable values [or the capital values, as the case may be,] entered
in the said book.
(2) Thereupon the said ward assessment-book subject to such
alteration as may thereafter be made therein under the provisions of rule
20 shall be accepted as conclusive evidence of the amount of each property-
tax leviable on each building and land in the ward in the official year to
which the book relates.
Assessment- 20. (1) Subject to the provisions of sub-rule (2) the Commissioner may
book may be
amended by
upon the representation of any person concerned or upon any other
the information at any time during the official year to which the assessment-book
Commissioner relates amend the same,—
during the
official year. (a) by inserting therein the name of any person whose name ought
to be so inserted or any premises previously omitted ;
(b) by striking out the name of any person not liable to the
property tax;
2
(c) by increasing or reducing the amount of any rateable value [or
the capital value, as the case may be,] and of the assessment based
thereupon;
(d) by altering the assessment on any land or building which has been
erroneously valued or assessed through fraud, accident or mistake;
(e) by inserting or altering an entry in respect of any building erected,
re-erected, altered, added to or reconstructed in whole or in part after
the preparation of the assessment-book ;
(f) by making or cancelling any entry exempting any premises from
liability to any property tax.
(2) Where any amendment is made under sub-rule (1) which has the effect
of imposing on any person any liability for the payment of property taxes which
would not be incurred but for such amendment or which has the effect of
2
increasing the rateable value [or the capital value, as the case may be,] of
1
These words were inserted by Mah. 10 of 2010, s. 31.
2
These words were inserted by Mah. 10 of 2010, s. 32 (1) and (2).
1949 : LIX] Maharashtra Municipal Corporations Act 325

any premises as stated in the assessment book, a special written notice as

provided in sub-rule (2) of rule 15 shall be given by the Commissioner and, as
far as may be, the procedure laid down in rules 16, 17 and 18 shall be followed.
(3) Every such amendment shall be deemed to have been made, for the
purpose of determining the liability or exemption of the person concerned in
accordance with the altered entry, from the earliest day in the current official
year when the circumstances justifying the amendment existed.
21. (1) It shall not be necessary to prepare a new assessment-book every New
assessment
official year. Subject to the provisions of sub-rule (2), the Commissioner may book need not
adopt the entries in the last preceding year’s book with such alterations as be prepared
every official
he thinks fit, as the entries for each new year: year.
Provided that public notice shall be given in accordance with rules 13
and 15 every year and the provisions of the said rules and of rules 16 to 20,
both inclusive, shall be applicable each year.
(2) A new assessment-book shall be prepared at the least once in every
1
[five years].
Special provisions regarding Tax on Vehicles, Boats and Animals.
22. (1) The tax on vehicles, boats and animals shall be leviable from the Person
responsible
owner of or person having possession or control of any vehicle, boat or animal for the
in respect of which the said tax is leviable: payment of
the tax on
Provided that in the case of an animal generally used or employed in vehicles,
boats and
drawing any vehicle the tax in respect of such animal shall be leviable from animals.
the owner of, or the person having possession or control of, such vehicle,
whether or not such animal is owned by such owner or person.
(2) For the purposes of this rule, the person in whose name a motor
*
vehicle is for the time being registered under the Motor Vehicles Act, 1939,
shall, until the contrary is proved, be presumed to be the owner or person in
possession or control of such motor vehicle.
23. (1) The Commissioner shall keep a book, in which shall be entered Vehicle, boat
and animal
from time to time:— tax book to be
(a) a list of the persons liable to pay any tax under rule 22 ; kept.

(b) a specification of the vehicles, boats and animals in respect of

which the said persons are, respectively, liable to the said tax ;
(c) the amount of tax payable by each such person and the period
for which it is payable ;
(d) the particulars of every composition made under section 144.
(2) Any person whose name is entered in the said book, or the agent of
any such person, shall be permitted, free of charge, to inspect and take
extracts from any portion of the said book which relates to such person.
(3) Any person not entitled under sub-rule (2) to inspect and take extracts
from any portion of the said book, free of charge, shall be permitted to do so on
payment of such fee as shall from time to time be prescribed in this behalf by
the Commissioner, with the approval of the Standing Committee.
1
These words were substituted for the words “four years” by Mah. 27 of 2010, s. 13 (B).
*
Now see the Motor Vehicles Act, 1988.
H 610—44a
326 Maharashtra Municipal Corporations Act [1949 : LIX
Returns from 24. (1) The owner of any premises let to or occupied by more than one
owners of
premises and person owning or having possession or control of vehicles, boats and animals
person liable liable to the payment of the tax on vehicles, boats and animals shall on or
to the tax.
before the first day of April and the first day of October in each year furnish
the Commissioner with a written return, signed by such owner of the name
and address of each of the said persons, and of the animals, boats and vehicles
owned by or in the possession or under the control of each of the said persons
kept upon such owner’s premises.
(2) Every person who owns or has in his possession a vehicle, boat or
animal liable to the payment of the tax on vehicles, boats and animals shall
on or before the first day of April and the first day of October in such year, or
within fifteen days of the receipt of a special notice in this behalf from the
Commissioner furnish the Commissioner with a written return, signed by
such person and containing such information concerning the vehicle, boat or
animal, if any, owned by or in the possession or under the control of such
person as the Commissioner from time to time specifies by public notice.
(3) Every such owner or person as is referred to in sub-rule (1) and sub-
rule (2), respectively, shall be bound to make a true return to the best of his
knowledge or belief, whether or not he is liable to the payment of the tax.
Notice to be 25. (1) Every person who becomes the owner or obtains possession or
given to
commissioner
control of any vehicle, boat or animal in respect of which the said tax is leviable
by a person shall give notice in writing to the Commissioner within fifteen days after he
who becomes
owner or
has become the owner or has obtained possession or control of such vehicle,
possessed of a boat or animal, of the fact that he has become the owner or has obtained
vehicle, boat
or animal in
possession or control of such vehicle, boat or animal, as the case may be.
respect of (2) Every person who ceases to own or have possession or control of any
which liability
arises, etc. vehicles, boat or animal in respect of which the said tax is leviable shall give
notice in writing to the Commissioner of the fact that he has ceased to own
or have possession or control of such vehicle, boat or animal. Such person
shall, in addition to any other penalty to which he may be liable, continue to
be liable for the payment of the said tax leviable from time to time in respect
of such vehicle, boat or animal until he gives such notice :
Provided that nothing herein contained shall be held to diminish the
liability to pay the said tax of the person who becomes the owner or obtains
possession or control of such vehicle, boat or animal or affect the prior claim
of the Commissioner on such vehicle, boat or animal for the recovery of any
tax due in respect thereof.
Special provisions relating to Octroi and Tolls.
26. [Table of rates of octroi to be affixed on certain places] Deleted by
Mah. 42 of 2017, s.45.
Tabel of tolls 27. The Commissioner shall cause a table of the tolls for the time being
to be affixed
in conspicuous
leviable, specifying the amounts and the terms on which the liability to pay
position. the toll may be compound by periodical payments, to be printed in such
language or languages as the Corporation may from time to time specify in
this behalf, and to be affixed in a conspicuous position at every place at which
the said tolls are levied.
1949 : LIX] Maharashtra Municipal Corporations Act 327

28. [Power to keep account-current with person, firm or public body in

lieu of levying octroi on production of goods] Deleted by Mah. 42 of 2017, s. 45.

29. [Power to examine article liable to octroi] Deleted by Mah. 42 of 2017,

s. 45.
Collection of taxes.
30. Each of the property-taxes shall be payable in advance in half yearly Proprty taxes
1 payable half
installments on each first day of April and each first day of October [as yearly in
specified in a bill served under rule 39, 40 or 55]. advance.

31. (1) The tax on vehicles, boats and animals, including the tax Tax on
vehicles,
payable under the proviso to clause (f) of sub-section (1) of section 143, shall boats and
be paid half-yearly in advance on each first day of April and each first day animals
payable in
of October. advance.
If in any half-year a vehicle, boat or animal becomes liable to such tax,
such tax shall be leviable thereon from the earliest day in the half-year on
which such vehicle, boat or animal so becomes liable and the amount of tax
leviable for such half-year shall be, if such earliest day occurs,—
(a) in the first two months of such half-year, the whole tax for such
half-year ;
(b) in the third or fourth month of such half-year, two-thirds of the
tax for such half-year ;
(c) in the last two months of such half-year, one-third of the tax for
such half-year, provided that no tax shall be leviable for such half-year if
such earliest day occurs within the last twenty days of such half-year.
(2) Notwithstanding anything in sub-rule (1), the Commissioner may, with
the previous approval of the Corporation, by public notice declare that the
tax payable in respect of such class of vehicles other than motor vehicles or
in respect of such animals as are specified in the notice shall be payable yearly
in advance on each first day of April and, in the event of such notice being
given, if a vehicle or animal affected by such notice becomes liable to the tax
during the course of the year, the tax shall be leviable thereon from the earliest
day in such year, and the amount of tax leviable for such year shall be, if such
earliest day occurs,—
(a) in the first quarter of such year, the whole tax for such year ;
(b) in the second quarter of such year, two-thirds of the tax for
such year ;
(c) in the third quarter of such year, one-half of the tax for such year ;
(d) in the last quarter of such year, one-third of the tax for such year :
Provided that no tax shall be levied for such year if such earliest day
occurs within the last twenty days of such year.

1
These words were added by Mah. 10 of 2010, s. 33.
328 Maharashtra Municipal Corporations Act [1949 : LIX
Display of 32. (1) Every person who pays the tax on vehicles, boats and animals
tokens,
badges or in respect of any vehicle shall be given a token or badge or disc indicating
discs on
vehicles liable clearly the period for which the tax has been paid and bearing a distinctive
to tax on
number and shall at all times display such token, badge or disc prominently
vehicles,
boats and on such vehicle.
animals.
(2) Any vehicle found in the City on which no such token, badge or disc
is displayed may, if there is reason to believe that such vehicle is liable to the
tax on vehicles, boats and animals and if the owner of such vehicle is not known
or cannot be traced, be seized by any municipal officer authorised in this behalf
by the Commissioner and detained.
(3) If any person, within one month of the seizure of a vehicle under sub-
rule (2), establishes his claim thereto to the satisfaction of the Cormmissioner,
the Commissioner shall order such vehicle to be delivered to such person upon
payment by such person of the amount of tax, if any, due and of such amount
as the Commissioner may fix as the costs of seizure and detention.
(4) If within the said period of one month the vehicle is not claimed by
any person or if no claim made under sub-rule (3) is established to the
satisfaction of the Commissioner, the vehicle may be sold by public auction
and the proceeds of such sale, after deducting the tax, if any, due and all costs
incurred on seizure, detention and sale, shall be delivered to any person who
within six months of the sale establishes his claim thereto or, if no such claim
is received or established, shall be forfeited to the Corporation.
(5) For every token, badge or disc given under sub-rule (1) a fee shall be
payable of such amount as the Commissioner may, with the previous approval
of the Standing Committee, prescribe for each kind of token, badge or disc.
Octroi 33. (1) Octroi shall be payable on demand.
payable on
demand. (2) Every person authorized by the Commissioner to demand octroi shall
tender to every person on whom the demand is made a bill specifying the
goods taxable, the amount claimed, and the rate at which the tax is calculated.
Tolls payable 34. (1) Tolls shall be payable on demand.
on demand.
(2) Every person authorized by the Commissioner to demand tolls shall
tender to every person on whom the demand is made a bill showing the amount
of the toll and the rate at which it is claimed.
Collection of 35. Octroi and tolls may be collected under the orders of the
octroi and
tolls how to be Commissioner by municipal officers and servants appointed in this behalf or,
effected. if the Commissioner thinks fit, may, with the approval of the Standing
Committee, be framed by him for any period not exceeding one year at a time
or be collected by or under the orders of any person whom the Commissioner,
with the approval of the Standing Committee, appoints to be his agent for
this purpose.
1949 : LIX] Maharashtra Municipal Corporations Act 329

36. Theatre Tax shall be payable at the chief municipal office or at such Theatre tax
payable in
other place or places as the Commissioner may from time to time appoint in advance.
this behalf at least twelve hours in advance of the commencement of the
performance in respect of which the tax is due by the person responsible for
the management of such performance.
37. The Commissioner may arrange with any person liable for the Payment of
Theatre Tax
payment of Theatre Tax in respect of a series of performances intended to be for series if
given of any amusement or entertainment for the payment by such person in performances
in lump.
one amount for such series extending over not more than one month at a time
in lieu of separate payments for each performance.
38. If the Theatre Tax is not paid in respect of any performance the Recovery of
Theatre Tax
Commissioner shall, by written notice, call upon the defaulter to pay the in case of
amount due within such period as may be specified in the notice and may, if default.

the payment is not made within the specified period, recover the amount by
distress and sale of the moveable property or attachment and sale of the
immovable property of the defaulter as if the amount were a property-tax due
by him.
39. (1) Where any property tax or tax on vehicles, boats and animals or Presentation
of bills for
any tax declared by or under this Act to be recoverable in the manner provided certain taxes.
for a property tax, or any instalment of any such tax shall become due, the
Commissioner shall, with the least practicable delay, cause to be served on
the person liable for the payment thereof a bill for the sum due.
(2) Every such bill shall specify the period for which, and the premises,
property, occupation, vehicle, boat, animal or thing in respect of which the
tax is charged, and shall also give notice of the time within which an appeal
may be preferred against such tax and of the consequences of default in
payment as hereinafter provided.
40. (1) All the sums due for each period for all or any of the property When one bill
may be
taxes by any one person on account of one and the same property shall be presented for
charged to such person in one bill and shall be recoverable from him in the several
claims.
lump :
Provided that nothing herein contained shall affect the liability of such
person to any increased tax to which he may be assessed on account of the
said property owing to a revision of the rateable value.
(2) If any one person is liable for all or any of the said taxes on account
of more properties than one, it shall be competent to the Commissioner to
charge to such person in one or several bills, as he shall think fit, the several
sums payable by him on account of such properties:
Provided that if such person, by written notice to the Commissioner,
request to be furnished with several bills, the Commissioner shall comply with
such request in respect of all the said taxes for which such person becomes
liable after receipt by the Commissioner of the notice.
330 Maharashtra Municipal Corporations Act [1949 : LIX
Levy of 1
[41. (1) The amount of first half-yearly tax as specified in the bill which
penalty on
unpaid has been served as aforesaid shall be paid within three months from the date
amount of of service of the bill and of the second half-yearly tax as specified in the bill
bill.
shall be paid before the 31st December of each year; and if a person liable to
pay tax does not pay the same as required as aforesaid, then he shall be liable
to pay by way of penalty in addition to the amount of such tax or part thereof
which has remained unpaid, a sum equal to two per cent. of such tax for each
month or part thereof after the last date by which he should have paid such
tax and shall continue to be liable to pay such penalty until the full amount
as per the bill is paid :
Provided that, any property tax for which a bill is served under this Act
before the date of commencement of the Bombay Provincial Municipal
Corporations, the City of Nagpur Corporation, the Maharashtra Municipal
Mah. X
Councils, Nagar Panchayats and Industrial Townships, the Maharashtra of 2010.
(Urban Areas) Protection and Preservation of Trees and the Maharashtra Tax
on Buildings (with larger Residential Premises) (Re-enacted) (Amendment)
Act, 2009 (hereinafter referred to as “ the Amendment Act of 2009 ”) has
remained unpaid in full or in part, a person who has not paid such tax shall
be liable to penalty as provided under this section, on and from the date of
commencement of the said Amendment Act of 2009.
(2) If the other taxes or dues claimed in the bill are not paid by the date
specified in the bill, the provisions of sub-section (1) shall mutatis multandis
apply to the amount which has so remained unpaid.]
2
Distress or 42. (1) If the person [liable for the payment of the tax for which a bill
attachment.
is served upon him does not pay the tax together with penalty or interest or
both as required under the provisions of this Act to pay the same] and if no
appeal is preferred against the said tax, as hereinafter provided, such sum,
with all costs of the recovery, may be levied under a warrant in Form H or to
the like effect, to be issued by the Commissioner, by distress and sale of the
moveable property of the defaulter or the attachment and sale of the
immovable property of the defaulter or, if the defaulter be the occupier of
any permises in respect of which a property-tax is due, by distress and sale
of any moveable property found on the said premises or, if the tax be due in
respect of any vehicle, boat or animal, by distress and sale of such vehicle,
boat or animal in whomsoever’s owenership, possession or control, the same
may be.
3
[(2) Where the person liable to pay the tax according to the bill served
upon him pays the tax as required under the provisions of this Act but does
not pay the amount of penalty or interest or both either in whole or in part as
may be due on the upaid amount of tax, for such amount which has remained
unpaid, a warrant in the form of Schedule H, mutatis mutandis, may be issued
by the Commissioner in the same manner as if such sums were due on account
of the tax.]
1
Rule 41 of the TAXATION RULES was substituted by Mah. 10 of 2010, s. 34.
2
These words were substituted for the words beginning with the words “on whome a notice of
demand” and ending with the words “satisfaction of the Commissioner” by Mah. 10 of 2010.
s 35(1).
3
Subrule (2) was substituted by Mah. 10 of 2010, 35(2).
1949 : LIX] Maharashtra Municipal Corporations Act 331

43. (1) Where any property of a defaulter or any vehicle, boat or animal Property of
defaulter may
liable to be distrained or attached is situate within the City the warrant issued be distrained
or attached
under rule 42 shall be addressed to an officer of the Corporation. wherever
found.
(2) Where such property, vehicle, boat or animal is situate outside the
City, the warrant shall be addressed to,—
(a) the Registrar, Court of Small Causes, Bombay, if such property,
vehicle, boat or animal is situate in the City of Bombay ;
(b) the Commissioner, if such property, vehicle, boat or animal is
situate in a City;
(c) the Chief Officer or the Vice-President if such property, vehicle,
boat or animal is situate in a municipal borough or municipal district,
respectively;
(d) the Executive Officer of the Cantonment if such property,
vehicle, boat or animal is situate in a cantonment;
(e) an officer of Government not lower in rank than a Mahalkari if
such property, vehicle, boat or animal is situate elsewhere.
(3) Any officer to whom a warrant is addressed under sub-rule (2) may
endorse such warrant to a subordinate officer.

44. (1) It shall be lawful for the officer to whom a warrant for the Warant how
to be executed
distraint and sale of any moveable property issued under rule 42 is addressed in case of
or endorsed to break open at any time between sunrise and sunset any outer moveable
property.
or inner door or window of any building, in order to make any distress directed
in the warrant if he has reasonable ground for believing that such building
contains property which is liable to seizure under the warrant, and if, after
notifying his authority and purpose and duly demanding admittance, he
cannot otherwise obtain admittance :
Provided that such officer shall not enter or break open the door of any
apartment appropriated for women, until he has given such women an
opportunity to remove.
(2) It shall also be lawful for such officer to distrain, wherever the same
may be found, any property of the person named in the said warrant as
defaulter, provided that the following property shall not be distrained,
namely :—
(a) the necessary wearing apparel and bedding of the defaulter, his
wife and children;
(b) the tools of artizans ;
(c) if the defaulter is an agriculturist, his implements of husbandry,
seed-grain and such cattle as may be necessary to enable the defaulter
to earn his livelihood.

H 610—45
332 Maharashtra Municipal Corporations Act [1949 : LIX
Warrant how 45. (1) When a warrant is issued under rule 42 for the attachment and
to be executed
in case of sale of immovable property, the attachment shall be made by an order
immovable
property.
prohibiting the defaulter from transferring or charging the property in any
way, and all persons from taking any benefit from such transfer or charge,
1
and declaring that the property will be sold unless the [tax due, penalty or
interest or both, if any, due and payable together] with the costs of recovery,
2
are paid into the municipal office within [twenty-one days.]
3
[(2) Such order shall be proclaimed by fixing at some conspicuous part
of the property and upon a conspicuous part of the municipal office and also,
when the property is land, paying revenue to the State Government, in the
office of the Collector.]
(3) Any transfer of a charge on the property attached or of any interest
therein made without the written permission of the Commissioner shall be
void as against all claims of the Corporation enforceable under the
attachment.
Inventory and 46. The officer charged with the execution of a warrant of distress shall
notice of
distress and
forthwith make an inventory of the moveable property or vehicles, boats or
sale. animals which he seizes under such warrant, and shall at the same time give
a written notice in Form I or in a similar form to the person in possession
thereof at the time of seizure that the said property or vehicles, boats or
animals will be sold as therein mentioned.
Sale. 47. (1) Where the property seized is subject to speedy and natural decay
or when the expense of keeping it in custody together with the amount to be
levied is likely to exceed its value, the Commissioner shall at once give notice
to the person in whose possession the property was, when distrained, to the
effect that it will be sold at once, and shall sell it accordingly unless the sum
due and the costs of recovery are paid forthwith.
(2) If not sold at once under sub-rule (1) the property distrained or
attached or, in the case of immovable property, a sufficient portion thereof
may, after the expiry of the period stated in sub-rule (1) of rule 45, or named
in the notice served under rule 46, as the case may be, be sold by public auction
4
[or by auction by inviting sealed bids] by order of the Commissioner, unless
the warrant is suspended by him or the sum due and the costs of recovery
are paid by the defaulter, and the Commissioner shall apply the proceeds or
such part thereof as shall be requisite in discharge of the sum due and of the
costs of recovery.
(3) The surplus, if any, shall be forthwith credited to the Municipal Fund,
but, if the same be claimed by written application to the Commissioner within
six months from the date of the sale, a refund thereof shall be made to the
person is possession of the property at the time of the seizure or attachment

1
These words were substituted for the words “amount due” by Mah. 10 of 2010, s. 36 (1) (a).
2
These words were substituted for the words “five days” by Mah. 10 of 2010, s. 36 (1) (b).
3
Sub-rule (2) was substituted by Mah. 10 of 2010, s. 36 (2).
4
These words were inserted by Mah. 10 of 2010, s. 37.
1949 : LIX] Maharashtra Municipal Corporations Act 333

and any surplus not claimed within six months as aforesaid shall be the
property of the Corporation.
(4) Where the sum due and the costs of recovery are paid by the defaulter
before a sale is effected, the property seized shall be returned to him and the
attachment, if any, of immoveable property shall be deemed to have been
removed.
(5) Sales of immovable property under this rule shall be held in the
manner laid down in the standing orders.
(6) After sale of the immovable property as aforesaid the Commissioner
shall put the person declared to be the purchaser in possession of the same
and shall grant him a certificate to the effect that he has purchased the
property to which the certificate refers.
(7) It shall be lawful for the Commissioner on behalf of the Corporation
to offer a nominal bid in the case of any immovable property put up for sale,
provided the previous approval of the Standing Committee is obtained to such
bidding.
(8) The Commissioner may direct the removal from the immovable
property by any police officer of any person who obstructs him in any action
taken in pursuance of sub-rule (6) and may also use such force as is reasonably
necessary to effect entry on the said property.
48. (1) Where the warrant is addressed outside the City, the Sale outside
City.
Commissioner may by endorsement direct the person to whom the warrant
is addressed to sell the property distrained or attached; and in such case it
shall be lawful for such person to sell the property and to do all things
incidental to the sale in accordance with the provisions of rule 47 and to
exercise the powers and perform the duties of the Commissioner under the
said rule in respect of such sale, except the power of suspending the warrant.
(2) Such person shall, after deducting all costs of recovery incurred by him,
remit the amount recovered under the warrant to the Commissioner, who shall
dispose of the same in accordance with the provisions of the said rule.
49. (1) In the case of non-payment of any octroi or any toll on demand Special
provisions in
by any person authorized in this behalf by the Commissioner such person may regards to
seize any goods on which the octroi is chargeable, or any vehicle or animal on non-payment
of octroi or
which the toll is chargeable or any part of the burden of such vehicle or animal toll.
which is in his opinion of sufficient value to satisfy the demand together with
the expenses incidental to the seizure, detention and eventual sale, if
necessary, of such animal, goods, vehicle, burden or part thereof, and may
detain the same. He shall thereupon give the person in possession of the
vehicle, animal or thing seized, a list of the property together with a written
notice in Form I.
(2) When any property seized is subject to speedy decay, or when the
expense of keeping it together with the amount of the octroi or toll chargeable

H 610—45a
334 Maharashtra Municipal Corporations Act [1949 : LIX

is likely to exceed its value, the person seizing such property may inform the
person in whose possession it was that it will be sold at once; and shall sell it
or cause it to be sold accordingly unless the amount of octroi or toll demanded
and the expenses incidental to the seizure be forthwith paid.
(3) If at any time before a sale has begun, the person from whose
possession the property has been seized, tenders at the municipal office the
amount of all expenses incurred and of the octroi or toll payable, the
Commissioner shall forthwith deliver to him the property seized.
(4) If no such tender is made, the property seized may be sold, and the
proceeds of such sale shall be applied in payment of such octroi, and the
expenses incidental to the seizure, detention and sale.
(5) The surplus, if any, of the sale proceeds shall be credited to the
Municipal Fund, and may, on application made to the Commissioner in
writting within six months next after the sale, be paid to the person in whose
possession the property was when seized, and if no such application is made,
shall become the property of the Corporation.
(6) The expenses incidental to the seizure of any property under this
rule shall be determined in such manner as the Commissioner may specify in
this behalf but shall not in any case exceed ten per cent. of the amount of octroi
or toll payable.
Fees for 50. For every warrant issued, distraint or attachment made and for the
warrants
issued, etc. maintanance of any animal seized fees shall be charged at such rates as the
1
Corporation may from time to time specify with the sanction of the [State]
Government and such fees shall be included in the costs of recovery.
2
Penalty, fees [51. The Commissioner may, in his discretion, remit the whole or any
or cost of
recovery may part of penalty under rule 41, or fees or cost of recovery under rule 50.]
be remitted.

Attachment of 52. (1) Where a bill for any sum due on account of any property-tax is
rent due.
serve upon an occupier of premises pursuant to sub-section (1) of section 140,
the Commissioner may at the time of service or at any subsequent time cause
to be served upon the occupier a notice requiring him to pay to the
Corporation any rent due or falling due from him to the person primarily
liable for the payment of the said tax to the extent necessary to satisfy the
said sum due.
(2) Such notice shall operate as an attachment of the said rent until the
said sum due on account of property-tax shall have been paid and satisfied,
and the occupier shall be entitled to credit in account with the person to whom
the said rent is due for any sum paid by him to the Corporation in pursuance
of such notice.
1.
This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
Rule 51 of the TAXATION RULES was substituted by Mah. 10 of 2010, s. 38.
1949 : LIX] Maharashtra Municipal Corporations Act 335

(3) If the occupier shall fail to pay to the Corporation any rent due or
falling due which he has been required to pay in pursuance of a notice served
upon him as a aforesaid the amount of such rent may be recovered from him
by the Corporation as if it were an arrear of property-tax under section 140,
provided that sub-section (3) of the said section shall not apply to such
recovery.
53. (1) If the Commissioner shall at any time have reason to believe Summary
proceedings
that any person from whom any sum is due on account of any tax other than may be
octroi or a toll or Theatre Tax is about forthwith to remove from the City, the taken against
persons
Commissioner may direct the immediate payment by such person of the sum about to
leave the City.
so due by him and cause a bill for the same to be served on him.
(2) If on service of such bill the said person do not forthwith pay the sum
due by him or show cause to the satisfaction of the Commissioner for not doing
so the amount shall be leviable by distress and sale in the manner hereinbefore
1
prescribed, ** and the Commissioner's warrant for distress and sale may be
issued and executed without any delay.
54. Instead of proceeding against a defaulter by distress, attachment Defaulters
may be sued
and sale as hereinbefore provided, or after a defaulter shall have been so for arrears, if
proceeded against unsuccessfully or with only partial success, any sum due necessary.
or the balance or any sum due, as the case may be, by such defaulter, on
account of a tax may be recovered from him by a suit in any Court of competent
jurisdiction.
55. Notwithstanding anything contained in sections 472, 473 and 474, Special
provision for
a bill for any municipal tax may be served upon the person liable therefor by service of bills
sending it by ordinary post, under certificate of posting, in a prepaid letter for taxes.
addressed to such person at his last known abode or place of business in the
City, and every bill so sent shall be deemed to have been served on the day
following the day upon which the envelope or wrapper containing such bill
was put in the post and, in proving such service, it shall be sufficient to prove
that the envelope or wrapper containing the bill was properly addressed and
put in the post under certificate of posting.
2
[55A.
Any person who is liable to pay amount of taxes or any other dues Special
provision for
under this Act may avail himself of the facility of making payment thereof in facility for
any bank or to any agency specified by the Corporation in this behalf by giving payment of
property
a public notice in two leading newspapers circulating within the area of taxes.
jurisdiction of the Corporation ; and the person availing himself of such facility
shall be liable to pay such fees in respect thereof to such bank or agency, as
the case may be, as may be determined by the Commissioner.]

1
The words “except that it shall not be necessary to serve upon the defaulter any notice of
demands” by Mah. 10 of 2010, s. 39.
2
Rule 55A of the TAXATION RULES was inserted by Mah. 10 of 2010, s. 40.
336 Maharashtra Municipal Corporations Act [1949 : LIX

Refunds.
Refund of 56. (1) When any building or land or any portion of any premises which
property taxes
on account of has been treated as a separate property for the purpose of assessment under
vacancies. any provision of this Act, has been vacant for not less than thirty consecutive
days the Commissioner shall, subject to the provisions hereinafter contained,
refund the amount of the water tax and conservancy tax, if any, paid for the
number of days that such vacancy lasted.
(2) When any building or land or any portion of any premises which has
been treated as a separate property for the purpose of assessment under any
provision of this Act has been vacant for not less than sixty consecutive days
the Commissioner shall, subject to the provisions hereinafter contained,
refund two-thirds of the amount of the general tax, if any, paid for the number
of days that such vacancy lasted :
Provided that no refund of general tax shall be claimable in any case in
which the Commissioner has sanctioned a drawback under the provisions of
rule 11.
Explanation.—For the purposes of this rule,—
(a) premises shall be deemed to be vacant only if they are unoccupied
and unproductive of rent;
(b) premises shall be deemed to be productive of rent if let to a tenant
having a continuing right of occupation thereof, whether they are actually
occupied by such tenant or not;
(c) premises furnished or reserved by the owner for his own
occupation whenever required shall be deemed to be occupied, whether
they are actually occupied by the owner or not;
(d) premises used or intended to be used for the purpose of any
industry which is seasonal in character shall not be deemed to be vacant
merely on account of their being unoccupied and unproductive of rent
during such period or periods of the year in which seasonal operations
are normally suspended ;
(e) a vacancy which has continued during the whole of the month of
February shall be deemed to have continued for not less than thirty
consecutive days.
Refund not 57. (1) No refund of any property tax shall be claimed from the
claimable
unless notice Commissioner as aforesaid, unless notice in writing of the vacancy shall have
of vacancy is been given by the person liable for the tax, or his agent, to the Commissioner.
given to
Commissioner. (2) No refund shall be paid by the Commissioner for any period previous
to the day of the delivery of such notice unless the notice is given within seven
days of the occurrence of the vacancy, in which case refund shall be paid as
from the date of the occurrence of the vacancy.
(3) When a vacancy continues from one period in respect of which
property-taxes, or any installment thereof, are recoverable, into the next
following period, no refund of any property tax shall be claimable from the
Commissioner as aforesaid on account of such continued vacancy, unless notice
1949 : LIX] Maharashtra Municipal Corporations Act 337

thereof shall be given to the Commissioner as aforesaid within thirty days

from the commencement of the said next following period and such notice of
vacancy shall be required notwithstanding that notice of vacancy required to
be given under sub-rule (1) was not given until after the expiry of the period
in which the vacancy occurred.
58. No refund of water-tax shall be claimable in respect of premises Refund of
water-tax
with a separate water connection unless a written application shall have inadmissible
been made to the Commissioner to stop the water supply to the vacant unless
application for
premises. stopping water
supply has
been made.

59. It shall be in the discretion of the Commissioner to disallow any Application

for refund
claim for refund of any property-tax unless application therefor is made to when and how
him in writing within thirty days after the expiry of the period to which the to be made.
1
claim relates, [accompanied by the original receipt or any valid proof of
payment of the amount of the bill presented to the applicant under rule 39,
40 or 55.]
60. (1) If the tax leviable on any vehicle, boat or animal in respect of Refund of tax
on vehicles,
any half year has been paid and if during such half year such vehicle, boat or boats and
animal ceases to be kept within the City or, if kept outside, ceases to be used animals when
and to what
in the City or is destroyed or is otherwise rendered unfit for use or if such extent
vehicle or boat has been under repairs or if such animal has been kept in any obtainable.
institution for the reception of infirm or disused animals or is certified by a
Veterinary Surgeon to have become unfit for use and has not been used, the
person who paid the tax leviable on such vehicle, boat or animal shall, subject
to the provisions hereinafter contained, and, on the Commissioner or any
officer authorised by him being satisfied in this behalf, be entitled to receive
from the Commissioner, if the period in such half year for which such vehicle,
boat or animal has not been kept in the City or has not been used, on account
of such vehicle, boat or animal being destroyed or rendered unfit for use or
on account of such vehicle or boat being under repairs or such animal being
kept in any institution for the reception of infirm or disused animals or such
animal having been certified by a Veterinary Surgeon to have become unfit
for use, is—
(a) not less than one hundred and seventy days, the full amount of
the tax paid,
(b) not less than one hundred and fifty days, three-fourths of the
tax paid,
(c) not less than one hundred and twenty days, two-thirds of the
tax paid,
(d) not less than ninety days, one-half of the tax paid,
(e) not less than sixty days, one-third of the tax paid.
No refund of the tax shall be granted if such period is less than sixty days.
1
These words were substituted for the portion beginning with the word “accompanied” and
ending with the word “claimed” by Mah. 10 of 2010, s. 41.
338 Maharashtra Municipal Corporations Act [1949 : LIX

(2) When a notice has been given under sub-rule (2) of rule 31, this rule
shall apply in respect of vehicles and animals affected by the notice as if for
each of the periods specified therein, double the period so specified had been
substituted.
Refund not 61. (1) No refund of the tax shall be claimable from the Commissioner
claimable
under rule 60 unless notice in writing of the occurrence of the circumstances
unless notice
is given to giving rise to such claim or of the commencement of circumstances which may
Commissioner. give rise to such claim has been given to the Commissioner by the person who
paid the tax or his agent.
(2) If such notice is not received by the Commissioner within three days
of the occurrence or commencement of the circumstances as aforesaid, the
period previous to the date of the receipt of the notice shall be excluded in
computing the period referred to in rule 60, for the purposes of granting any
refund.
(3) It shall be in the discretion of the Commissioner to disallow any claim
for refund of the tax, unless application claiming such refund is made to him
in writing before the expiry of fifteen days after the end of the half year to
which the claim relates and is accompanied by the bill served on the applicant
under rule 39 for the amount of the tax from which the refund is claimed or,
if no bill was served, the official receipt for such amount.
Refund of 62. Subject to the standing orders, not less than ninety per cent. of the
octroi or toll
on export.
octroi paid on any goods shall be refunded if such goods are exported beyond
the limits of the City within six months of payment :
Provided that,—
(a) an application for refund shall be made within one week of the
date of exportation;
(b) the amount due for refund shall not be less than five rupees;
(c) in the case of goods which have broken bulk, prior intimation
has been given to the officer specified in this behalf in the standing orders
and the place or places of storage have been reported to him from time
to time.
Refund of 63. (1) The Commissioner shall refund the amount of the Theatre-Tax
Theater Tax. paid in respect of a particular performance if he is satisfied, on the evidence
placed before him and after such further inquiry, if any, as he may deem
necessary,—
(a) that such performance did not actually take place and that the
amount, if any, collected from intending spectators has been refunded
in full; or
(b) that the whole of the net proceeds of such performance are
devoted to a public charitable purpose and that the whole of the
expenses of such performance do not exceed twenty per cent. of
the gross receipts.
(2) It shall be in the discretion of the Commissioner to disallow any claim
for refund of the tax unless application claiming such refund is made to him
in writing within three days of the day on which the intended performance
in respect of which the tax was paid was due to take place or within seven
days of the date of the performance, as the case may be.
1949 : LIX] Maharashtra Municipal Corporations Act 339

CHAPTER IX.
Drainage and Drainage Works.
1. (1) Without the written permission of the Commissioner, no building, Buildings, etc.
not to be
wall or other structure shall be newly erected, and no street or minor railway erected
shall be constucted over any municipal drain. without
permission
(2) If any building, wall or other structure be so erected, or any street over
or minor railway be so constructed, the Commissioner may remove or municipal
drains.
otherwise deal with the same as he shall think fit, and the expenses thereby
incurred shall be paid by the person offending.
2. (1) Without the written permission of the Commissioner, no building, Buildings, etc.
not to be
wall or other structure shall be newly erected over any drain other than a erected
municipal drain except as may be required under sub-rule (3). without
permission
(2) If any building, wall or other structure be so erected, the over any
drains.
Commissioner after giving the offending person ten days’ notice of his
intention, may remove or otherwise deal with the same as he shall think fit,
and the expenses thereby incurred shall be paid by the person offending.
(3) The Commissioner may by notice in writing require the owner or
occupier of any building or land to which access from a public street cannot
be provided except by crossing an open municipal drain, channel, ditch or
gutter to provide culverts or coverings over the said drain, channel, ditch or
gutter of such form, size, and materials and provided with such means of
ventilation as may be specified in the said notice.
(4) Every culvert of covering provided in accordance with sub-rule (3)
shall be maintained and kept free from obstructions by the said owner or
occupier at his expenses.
3. Except with the written permission of the Commissioner, and in Drains not to
conformity with such conditions as shall be prescribed by the Standing pass beneath
buildings.
Committee generally in this behalf, no drain shall be so constructed as to pass
beneath any part of a building.
4. The Commissioner may, by notice in writing, require the owner of Provision of
any building in any street to put up and maintain in good condition proper troughs and
pipes to
and sufficient troughs and pipes for receiving and carrying the water from receive water
the roof and other parts of the building and for discharging the water so that from roofs of
buildings.
it shall not fall upon any street or damage any street or other property vested
in the Corporation.
Drains of Private Streets and Drainage of Premises.
5. (a) The owner of a private street before commencing to construct a Power to
connect drains
drain of such street to connect with a municipal drain shall submit to the
of private
Commissioner a plan of the street, bearing the signature of a licensed street with
surveyor in token of its having been made by him or under his supervision, municipal
drains.
and drawn to such a convenient scale as the Commissioner shall require, and
there shall be shown on such plan the position, course and dimensions of the
proposed drain, with a section or sections thereof, and such other particulars
in relation thereto as the Commissioner shall deem necessary and require,
and no such drain shall be proceeded with without the approval in writing or
contrary to the direction of the Commissioner ;
H 610—46
340 Maharashtra Municipal Corporations Act [1949 : LIX

(b) the drain of such private street shall, at the expense of the owner of
the street, be constructed of such size, material and description, and be
branched into the municipal drain in such manner and form of communication
in all respects, as the Commissioner shall direct;
(c) the Commissioner may, if he thinks fit, construct such part of such
drain and such part of the work necessary for branching the same into the
municipal drain as shall be in or under any public street or place vesting in
the Corporation and, in such case, the expenses incurred by the Commissioner
shall be paid by the owner of the private street.
Drainage of 6. If any court, yard or compound appurtenant to, or any passage giving
courts, yards
and access to, a building is not so formed, flagged, asphalted or paved, or is not
compounds provided with such works on, above or below its surface as to allow of the
appurtenant
satisfactory drainage of its surface or sub-soil to a proper out fall, the
to, or giving
access to Commissioner may by written notice require the owner of the building to
buildings. execute such works as may in the opinion of the Commissioner be necessary
to remove the defect.
Explanation.—This rule shall also apply in relation to any court, yard,
compound or passage which is used in common by the occupiers of two or more
buildings but is not a public street.
Special 7. (1) No trade effluent shall be discharged from any made premises
provisions
relating to into a municipal drain otherwise than in accordance with a written notice,
trade effluent. hereinafter referred to as “ a trade effluent notice ” served on the Commissioner
by the owner or occupier of the premises, stating,—
(a) the nature or composition of the trade effluent ;
(b) the maximum quantity of the trade effluent which it is proposed
to discharge in any one day ; and
(c) the highest rate at which it is proposed to discharge the trade
effluent, and no trade effluent shall be discharged in accordance with
such a notice until the expiration of a period of two months or such less
time as may be agreed to by the Commissioner, from the day on which
the notice is served on the Commissioner hereinafter referred to as “ the
initial period ”.
(2) Where a trade effluent notice in respect of any premises is served on
the Commissioner, he may, at any time within the initial period, give to the
owner or occupier, as the case may be, of those premises a direction that no
trade effluent shall be discharged in pursuance of the notice until a specified
date after the end of the initial period; and, in so far as the discharge of any
trade effluent in accordance with the trade effluent notice requires the
consent of the Commissioner in order to be lawful, the Commissioner may
give that consent either unconditionally or subject to such conditions as he
thinks fit to impose in respect to,—
(a) the drain or drains into which any trade effluent may be
discharged in pursuance of the trade effluent notice ;
(b) the nature or composition of the trade effluent which may be so
discharged ;
(c) the maximum quantity of any trade effluent which may be so
discharged on any one day, either generally or into a particular drain ;
1949 : LIX] Maharashtra Municipal Corporations Act 341

(d) the highest rate at which any trade effluent may be discharged
in pursuance of the trade effluent notice, either generally or into a
particular drain; and
(e) any other matter with respect to which by-laws may be made
under this Act, but any such condition as aforesaid shall be of no effect if
and so far as it is inconsistent with any by-laws so made which are for
time being in force.
8. No person shall construct a cesspool,— Position of
1 cesspools.
(a) beneath any part of any building, or within twenty feet [of] any
lake, tank, reservoir, stream, spring, or well ; or
(b) upon any site or in any position which has not been approved in
writing by the Commissioner.
9. (1) Every drain and cesspool, whether belonging to the Corporation All drains and
cesspools to
or to any other person, shall be provided with proper traps and coverings and be properly
with proper means of ventilation. covered and
ventilated.
(2) The Commissioner may, by written notice, require the owner of any
drain or cesspool not belonging to the Corporation to provide and apply to
the said drain or cesspool such trap and covering and such means of ventilation
as would be provided and applied if such drain or cesspool belonged to the
Corporation.
10. No person shall, except with the permission of the Commissioner, Excrementitious
matter not to
pass or cause or permit to be passed any excrementitious matter into any be passed into
cesspool made or used under the provisions of this Act or into any drain cesspool.
communicating with any such cesspool.
11. (1) Where any premises are without a water-closet, or privy, or urinal Power of
Commissioner
or bathing or washing place or if the Commissioner is of opinion that the existing to require
water-closet, or privy, or urinal, or bathing or washing place accommodation adequate
available for the persons occupying or employed in any premises is insufficient, water-closet
and other
inefficient or on any sanitary grounds objectionable, the Commissioner may, accommodation
by written notice, require the owner of such premises,— to be made.

(a) to provide such, or such additional, water-closet, privy, urinal

or bathing or washing place accommodation as he prescribes ;
(b) to make such structural or other alterations in the existing
water-closet, privy, urinal, or bathing or washing place accommodation
as he prescribes ; or
(c) to substitute water-closet accommodation for any privy
accommodation.
(2) Any requisition under sub-rule (1) may comprise any detail specified
in sub-section (2) of section 178.
12. Where it appears to the Commissioner that any premises are, or Power to
are intended to be, used as a market, school or theatre or other place of public require privy
accomodation
resort, or as a place in which persons exceeding ten in number are employed to be provided
in any manufacture, trade or business or as workmen or labourers, the for factories,
etc.
Commissioner may, by written notice, require the owner or occupier of the
said premises to construct a sufficient number of water- closets or latrines
or privies and urinals for the separate use of each sex and to cause the same
to be kept in proper order and to be daily cleaned.
1
This word was substituted for the word “or” by Bom. 39 of 1951, s. 3, Second Schedule.
H 610—46a
342 Maharashtra Municipal Corporations Act [1949 : LIX
Power of 13. Where the Commissioner is of opinion that any privy is likely, by
Commissioner
as to reason of its not being sufficiently detached from any building, to cause injury
unhealthy to the health of any.person occupying such building, the Commissioner, with
privies.
the previous approval of the Standing Committee, may, by written notice,
require the owner or occupier of the premises in or on which such privy is
situated either :—
(a) to so close up such privy as to prevent any person using the
same, and to provide in lieu thereof such water-closet or privy
accommodation or such urinal accommodation as the Commissioner may
prescribe, or
(b) to provide between the said privy and any portion of the said
building such air-space, open to the sky and situate entirely within the
limits of the said premises, as the Commissioner may prescribe.
Provisions as 14. (1) The owner or occupier of any premises on which there is a
to privies.
privy shall,—
(a) have between such privy and any building or place used or
intended to be used for human habitation, or in which any person may
be or may be intended to be employed in any manufacture, trade or
business, an air space of at least three feet in width and open to the sky ;
(b) have such privy shut off by a sufficient roof and wall, or fence,
from the view of persons dwelling in the neighbourhood or passing by ;
(c) unless and except for such period as he shall be permitted by
the Commissioner as hereinafter provided to continue any existing door
or trap-door, close up and not keep any door or trap-door in such privy
opening on to a street :
Provided that—
(1) clause (a) shall not be deemed to apply to any privy in existence on
the appointed day unless,—
(i) there is space available on the premises of the owner or occupier
for the erection of a new privy conformably to the said clause ; and
(ii) the existing privy can be removed and a new one erected as
aforesaid without destroying any portion of a permanent building other
than the existing privy ;
(2) the Commissioner may permit the continuance of such period as he
may think fit of any existing door or trap-door in a privy opening on to a street
if a nuisance is not thereby created.
Provisions as 15. The owner or occupier of any premises on which there is a
to
water-closets.
water-closet shall,—
(a) have such water-closet divided off from any part of a building
or place used or intended to be used for human habitation, or in which
any person may be or may be intended to be employed in any
manufacture, trade or business, by such means as the Commissioner shall
deem sufficient ;
1949 : LIX] Maharashtra Municipal Corporations Act 343

(b) have such water-closet in such a position that one of its sides at
the least shall be an external wall ;
(c) have the seat of such water-closet placed against an external
wall ;
(d) cause such water-closet to be provided with such means of
constant ventilation as the Commissioner shall deem adequate, by a
window or other apurture in one of the walls of such water-closet opening
directly into the external air, or by an air-shaft or by some other suitable
method or appliance ;
(e) have such water-closet supplied by a supply-cistern and flushing
apparatus and fitted with a soil-pan or receiver and such other appliances
of such materials, size and description as the Commissioner shall deem
necessary :
Provided always that a cistern from which a water-closet is supplied
shall not be used, or be connected with another cistern which is used, for
supplying water for any other purpose ;
(f) have flushing cisterns of such materials, size and description
supplied with a constant and sufficient supply of water for flushing and
cleaning the water-closet as the Commissioner may deem necessary.
16. No person shall build a privy or water-closet in such a position or Position of
privies and
manner as,— water-closets.
(a) to be directly over or directly under any room or part of a building
other than a privy or water-closet or a bathing place, bath-room or
gallery, passage or terrace ;
(b) to be within a distance of twenty feet from any well or from any
spring, tank or stream the water whereof is, or is likely to be, used
(whether in a natural or manufactured state) for human consumption or
domestic purposes or otherwise render the water of any well, spring, tank
or stream liable to pollution.
17. (1) No public water-closet, privy or urinal other than a Control over
water-closet, privy or urinal erected within railway premises or erected by water-closets,
etc., in, or
the Government shall be erected in, or so as to be accessible from, any street accessible
without the consent of the Commissioner who may, in giving his consent, from streets.

impose such terms as to the use of the water-closet, privy or urinal and as to
its removal at any time, if required by him, as he thinks fit.
(2) The Commissioner may, by written notice require,—
(a) the owner of a water-closet, privy or urinal which has been
erected in contravention of sub-rule (1) or the removal of which the
Commissioner is entitled to require, to remove it ;
(b) the owner of a water-closet, privy or urinal which opens on a
street and is so placed or constituted as to be a nuisance or offensive to
public decency to remove or permanently to close it.
344 Maharashtra Municipal Corporations Act [1949 : LIX
Use of places 18. No person shall use or permit to be used as a bathing place, or as a
for bathing or
washing place for washing clothes or domestic utensils, any part of any premises which
clothes or has not been provided with such floor as the Commissioner considers suitable
domestic
utensils. and with all such appliances and fittings as shall, in the opinion of the
Commissioner, be necessary for collecting the drainage thereof and conveying
the same therefrom.
Work to be 19. (1) No person other than a licensed plumber shall execute any
done by
licensed
work described in this Chapter or in Chapter XII of this Act and no person
plumber ; shall permit any such work to be executed except by a licensed plumber :
permission to
use as drain. Provided that if, in the opinion of the Commissioner, the work is of a
trivial nature, he may grant permission in writing for the execution of such
work by a person other than a licensed plumber.
(2) Every person who employs a licensed plumber to execute any such
work shall, when so required, furnish to the Commissioner the name of such
plumber.
(3) Every such person shall, within one month after completion of any
such work and before permitting the same or any portion thereof to be filled
in or covered over, deliver or send or cause to be delivered or sent to the
Commissioner at his office notice in writing of the completion of such work,
accompanied by a certificate in such form as the Commissioner may from
time to time prescribe signed by the licensed plumber by whom the same
has been executed, who is hereby required immediately upon completion
of the work and upon demand by the person employing him to sign and give
such certificate to such person, and shall give to the Commissioner all
necessary facilities for the inspection of such work :
Provided that,—
(a) such inspection shall be made within seven days from the date
of receipt of the notice of completion, and
(b) the Commissioner may, within seven days after such inspection,
by written intimation addressed to the person from whom the notice of
completion was received and delivered at his address as stated in such
notice, or, in the absence of such address, affixed to a conspicuous part
of the premises in which such work has been executed,—
(i) give permission for the filling in or covering over of such
work ; or
(ii) require that, before such work is filled in or covered over,
it shall be amended to the satisfaction of the Commissioner in any
particular respect of which it is not in accord with a requisition
previously made by the Commissioner or contravenes some provision
of this Act or of the rules or by-laws.
(4) No person shall permit any such work to be used as a drain or part of
a drain until,—
(a) the permission referred to in proviso (b) to sub-rule (3) has been
received ; or
(b) the Commissioner has failed for fourteen days after receipt of
the notice of completion to intimate as aforesaid his refusal of permission
for the filling in or covering over of such work.
1949 : LIX] Maharashtra Municipal Corporations Act 345

Manner of erecting shafts or affixing pipes for

ventilation of drains or cesspools.
20. Any shaft or pipe erected or affixed by the Commissioner for the Erection of
shafts, etc.,
purposes of ventilating any drain or cesspool under section 175 shall— for ventilation
(a) be carried at least fifteen feet higher than any sky-light or of drains or
cesspools.
window situated within a distance of forty feet therefrom ;
(b) if the same be affixed to a wall supporting the eave of a roof, be
carried at least five feet higher than such eave ;
(c) be erected or affixed so as to create the least practicable nuisance
or inconvenience to the inhabitants of the neighbourhood ;
(d) be removed by the Commissioner to some other place, if at
any time the owner of the premises, building or tree upon or to which
the same has been erected or affixed is desirous of effecting any change
in his property which either cannot be carried out, or cannot without
unreasonable inconvenience be carried out, unless the shaft or pipe
is removed.
CHAPTER X.
WATER SUPPLY.
1. In this Chapter, unless there is anything repugnant in the subject or Definitions.
context,—
(a) “ communication pipe ” means a pipe extending from a municipal
main up to and including the municipal stop-cock ;
(b) “ consumer ” means any person who uses or is supplied with
water from a municipal water work or on whose application such water
is supplied and includes any person liable to the Corporation under the
provisions of this Act for the payment of water tax or any sum for the
water supplied from a municipal water work ;
(c) “ consumer's pipe ” means a pipe used in connection with the
supply of water from any municipal water work and which is not the
property of the Corporation ;
(d) “ distributing pipe ” means any pipe not subject to water pressure
from a municipal water main ;
(e) “ fitting ” includes a pipe, coupling, flange, branch, bend, stop,
ferrule, stop tap, bib tap, spring tap, pillar tap, globe tap, ball cock, boiler,
pump, meter, hydrant and any other apparatus or article used for the
purpose of conveying or storing water supplied by the Corporation ;
(f) “ municipal stop cock ” means the stop cock which controls the
supply of water from a municipal water main ;
(g) “ supply pipe ” means the pipe extending from a municipal stop
cock upto the ball cock of the storage tank, if any, and any pipe subject to
pressure from a municipal water main.
Private water-supply.
2. (1) Subject to the provisions of sub-rules (2), (3) and (4), supply pipes Conditions on
which private
for conveying to any premises a private supply of water from a municipal water supply
water work shall not be connected with such water work except on the may be
written application or with the written assent of the owner of the premises, provided.
346 Maharashtra Municipal Corporations Act [1949 : LIX

or of the person primarily liable for the payment of property-taxes on the said
premises.
(2) If it shall appear to the Commissioner that any premises situate
within any portion of the City in which a public notice has been given by the
Commissioner under clause (b) of sub-section (1) of section 130, are without a
supply of pure water obtainable on the premises and adequate to the
requirements of the persons usually occupying or employed upon the said
premises, the Commissioner may, by written notice, require the owner of the
said premises or the persons primarily liable for the payment of property-
taxes thereon, to obtain a supply adequate as aforesaid from a municipal water
work and to provide supply and distributing pipes, cisterns and fittings and
do all such works as may in the opinion of the Commissioner be necessary for
that purpose.
1
[(3) Notwithstanding anything contained in sub-rule (1), if in respect of
any premises, where the owner or person primarily liable for the payment of
property taxes, fails or refuses to make an application or to give his assent
under sub-rule (1), within a reasonable period, the supply pipes for conveying
to such premises such water supply may be connected with such water work
on the written application of the occupier of such premises made to the
Commissioner, after holding necessary inquiry and on payment of the cost of
connecting the supply pipes and subject to such other conditions (including
those for payment of water taxes and water charges) as the Commissioner
may deem fit to impose.]
(4) The Commissioner may refuse to grant a connection under this rule
in respect of any premises if he is satisfied that the arrangements for draining
waste water from such premises are inadequate or that the supply of water
through communication pipes is likely to cause such premises to be in an
insanitary condition or to create a nuisance, unless such measures as he may
direct are carried out for disposing of the waste water or for preventing the
creation of insanitary conditions or a nuisance.
Making and 3. (1) No connection with any municipal water-work shall be made or
renewing
connection renewed,—
with (a) except by a municipal officer or servant empowered in that behalf
municipal
water works. by the Commissioner ; and
(b) until the certificate specified in sub-rule (4) has been given.
(2) In every case where a new connection with a municipal water work
is made or an existing connection is renewed all necessary communication-
pipes and fittings thereon shall be supplied by the Commissioner, and the
work of laying and applying such communication-pipes and fittings shall
be executed by municipal agency under the Commissioner's orders, but the
cost of making or renewing such connection and of all communication-pipes
and fittings so supplied and of all work so executed, shall be paid by the
person on whose application or for whose premises the connection is made
or renewed.
(3) Every such new connection or renewed connection with its
communication-pipes and fittings shall thereafter vest in the Corporation and
be maintained at the charge of the Municipal Fund as a municipal water-work.
1.
Sub-rule (3) was substiuted for the original by Mah. 42 of 1976, s. 22.
1949 : LIX] Maharashtra Municipal Corporations Act 347

(4) All supply and distributing pipes and cisterns and fittings not vesting
in the Corporation as aforesaid shall be laid and applied under the supervision
and to the satisfaction of a municipal officer appointed by the Commissioner
in that behalf, who shall give and sign a certificate, free of charge, when such
supply and distributing pipes, cisterns and all necessary fittings have been
laid, applied and executed in a satisfactory manner and when proper and
sufficient arrangements have been made for draining off waste water.
(5) Where any supply or distributing pipe, cistern or such fitting is laid,
applied, added to or altered, or any connection is made in contravention of
this rule the Commissioner may remove such supply or distributing pipe,
cistern, fitting or connection, or additions or alterations thereto, and make
good such pipe, cistern, fitting or connection ; and the owner and occupier of
the premises in which or for supply to which such supply or distributing pipe,
cistern or fitting has been laid, applied, added to or altered or such connection
has been made, shall be jointly and severally liable to pay the expenses
incurred by the Commissioner in so doing.
4. (1) The Commissioner may, by agreement with a consumer, take Commissioner
may take
charge on behalf of the Corporation of all or any of the consumer’s pipes and charge of
fittings : private
connections.
Provided that if any of such pipes or fittings are communication-pipes
or fittings only not vesting in the Corporation, the Commissioner may, if he
thinks fit, take charge of the same without such agreement.
(2) Any consumer’s pipes and fittings, of which the Commissioner takes
charge under this rule, shall thereafter vest in the Corporation and be
maintained at the charge of the Municipal Fund as a municipal water-work.
5. The Commissioner may, if at any time he deems it expedient to alter Power of
the position of an existing connection with any municipal water-work, or of Commissioner
to alter
any consumer’s pipe or fitting thereof, and after giving to the owner of such position of
connection, pipe or fitting not less than four days, previous notice of his connections.
intention so to do, cause the said connection, pipe or, fitting to be moved to
such other position as he thinks fit and relaid and applied or others to be laid
and applied in lieu thereof, in such position as he may direct ; and in every
such case all such work shall be carried out at the expense of the Municipal
Fund and such new connection, pipe and fitting shall thereafter vest in the
Corporation and be maintained at the charge of the Municipal Fund as a
municipal water-work.
6. (1) The Commissioner may, whenever it shall appear to him to be Provisions as
to cisterns
necessary, by written notice require the owner of any premises furnished with and other
a private water supply from any municipal water-work to provide such fittings, etc.,
premises, within a reasonable period which shall be prescribed in the said to be used for
connections
notice, with cisterns and fittings of such size, material, quality and description with
and placed in such position and with such safe and easy means of access as water-work.

he thinks fit.
(2) The Commissioner may also in the like manner require the owner of
any premises to provide such safe and easy means of access as he thinks fit to
any existing cistern which on an examination under rule 11 is found to be not
easily accessible.

H 610—47
348 Maharashtra Municipal Corporations Act [1949 : LIX

(3) The Commissioner may, whenever it shall appear to him necessary

or expedient to remove any cistern from any premises furnished with a
private water supply, by written notice require the owner of such premises
to remove such cistern with all fittings connected therewith from such
premises within a period prescribed in the notice.
(4) The Commissioner shall also from time to time prescribe the size,
materials, quality, description and position of the pipes and fittings to be
employed for the purpose of any connection with, or of any communication
from, any municipal water-work and no such connection or communication
shall be made by any person otherwise than as so prescribed.
(5) The Commissioner shall likewise prescribe the size, material, quality
and description of the pipes, cistern and fittings to be employed for the
purpose of replacing any pipes, cisterns and fittings found on an examination
under rule 11 to be so defective that they cannot be effectively repaired.
(6) If any connection or communication other than that prescribed in
sub-rule (4) is found in or upon any premises it shall be presumed, until the
contrary is proved, that such connection or communication was made by or
under the direction of or with the permission of the owner of such premises.
(7) The Commissioner may issue orders providing for the stamping by
municipal agency of all pipes, taps, cocks, fittings and materials to be
employed for the purposes of any connection or communication with any
municipal water-work and such orders may provide for the payment of a fee
for such stamping and prohibit the use in any of the said connections or
communications of any pipes, taps, cocks, fittings or materials other than those
so stamped.
Provision for 7. (1) The Commissioner may, by written notice, require the owner of
keeping
cisterns any premises furnished with a cistern or in respect of which the
locked. Commissioner has required a cistern to be furnished, to provide such cistern
with a lock and key of such pattern, material and quality as the Commissioner
shall in such notice prescribe, and may in like manner require any lock or
key found to be defective on an inspection under rule 11 to be replaced.
(2) Every cistern so provided with a lock shall be kept permanently locked
and the key shall then be delivered to the Commissioner.
Communication 8. (1) It shall be incumbent on the owner or occupier of any premises to
pipes to be
kept in which a private water-supply is furnished from any municipal water-work,
efficient to keep in a thoroughly clean condition and to maintain and keep in efficient
repair by
owner or repair every supply and distributing pipe conveying water from the said
occupier of water-work to such premises and every meter for measuring water, not being
premises.
a municipal meter, and every cistern and fitting in or connected with any such
pipe, so as effectually to prevent the water from running to waste.
(2) When an occupier of any premises is served with a notice under sub-
rule (2) of rule 11 he may, after giving to the person to whom he is responsible
for the payment of his rent three days’ notice in writing, himself have the
repairs executed and in such event he shall, unless the terms of the tenancy
otherwise expressly provide, be entitled to deduct from any rent due or to
become due by him to such person the actual expenses incurred by him in
complying with the notice served under sub-rule (3) of rule 11.
1949 : LIX] Maharashtra Municipal Corporations Act 349

9. (1) Where water is supplied by measurement, the Commissioner may Provision of

meters when
either provide a meter and charge the consumer for the same such rent as water is
shall from time to time be prescribed in this behalf by the Standing Committee supplied by
measurement.
or may permit the consumer to provide a meter of his own of such size,
material and description as the Commissioner shall approve for this purpose.
(2) The Commissioner shall at all times keep all meters and other
instruments for measuring water, let by him for hire to any person, in proper
order for correctly registering the supply of water and in default of his so
doing such person shall not be liable to pay rent for the same during such
time as such default continues.
(3) (a) Any consumer to whom a meter is let out on hire under
sub-rule (1) may apply in writing to the Commissioner at any time to have
the meter tested and every such application shall be accompanied by such
fee as the Commissioner may from time to time prescribe.
(b) Upon receipt of such application and fee the Commissioner shall
forthwith issue a notice to the consumer prescribing the time and place for
testing such meter and shall cause such meter to be tested at such time and
place.
(c) If upon such test such meter is found to be incorrect by more than
two per cent. the fee paid by the consumer shall be repaid to him and the
Commissioner shall cause steps to be taken fortwith for the repair or
replacement of the meter.
10. Where water is supplied by measurement, the register of the meter Register of
meter to be
or other instrument for measuring water shall be prima facie evidence of the evidence.
quantity consumed.
Inspection.
11. (1) The Commissioner may make an inspection of any premises to Commissioner,
etc., may
which a private water supply is furnished by the Corporation, in order— inspect
(a) to remove, test, examine and replace any meter for measuring premises in
order to
water ; examine
meter,
(b) to examine any supply or distributing pipe, cistern, lock or communication
fitting ; or pipes, etc.

(c) to see if there be any waste or misuse of water.

(2) The Commissioner may by written notice, require the owner or
occupier of the premises to remedy any defect which shall be found to exist
in or to clean any such meter, not being a municipal meter let to him for hire,
or any such supply or distributing pipe, cistern, lock or fitting.
Cutting off private water-supply.
12. (1) The Commissioner may cut off the connection between any Power to cut
off private
municipal water-work and any premises to which a private water-supply is water-supply
furnished by the Corporation or turn off the water from such premises in any or to turn off
water.
of the following cases, namely :—
(a) in default of payment of any instalment of water-tax or of any
sum due for water or hire of meter or expenses of any work done under
or by virtue of the provisions of rule 3, 9 or 17 within one month after a
notice of demand for such tax or sum has been duly served ;
H 610—47a
350 Maharashtra Municipal Corporations Act [1949 : LIX

(b) if the owner of the premises neglects within the period

prescribed in this behalf in any notice given under sub-rule (1), (2) or
(3) of rule 6 or under rule 7, to comply with any requisition made to him by
the Commissioner regarding the provision of any cistern, fitting, lock or
key or any means of access to such cistern or the removal of any cistern ;
(c) if the owner or occupier of the premises fails, within the period
prescribed in this behalf in any notice given under sub-rule (2) of rule
11, to comply with the terms of such notice or fails to use articles of the
kind prescribed under sub-rule (5) of rule 6 ;
(d) if after receipt of a written notice from the Commissioner
requiring him to refrain from so doing, the owner or occupier of the
premises continues :—
(i) to use the water, or to permit the same to be used, in
contravention of any by-law or of any condition prescribed under sub-
section (2) of section 134 or under any other provision of this Act;
(ii) when payment for the water is made not by measurement
to permit any person not residing on premises in respect of which
water-tax is paid or payment for the water supplied is made
according to the size of the connection to carry away from such
owner's or occupier's premises water derived from the municipal
water-work ;
(e) if the owner or occupier of the premises wilfully or negligently
injures or damages any meter, pipe, cistern or fitting or lock thereof in
such premises;
(f) if the owner or occupier of the premises fails to comply with any
requisition made on him by the Commissioner under sub-rule (2) of rule
18 to furnish the name of the licensed plumber ;
(g) if the premises are declared to be unfit for human habitation
under the provisions of this Act;
(h) if excessive waste of water is taking place within any premises
on account of damage to water-mains caused by accident or otherwise;
(i) if any communication pipes or fittings have been laid, applied,
added to or altered in contravention of the provisions of rule 6 :
Provided that—
(i) in any case under clause (a) the Commissioner shall not take
action unless not less than one month previously a copy of the notice
of demand in respect of the tax or sum has been affixed at a
conspicuous part of the premises;
(ii) in any case falling under clause (b), the Commissioner shall
not take action unless not less than fifteen days previously a copy
of the notice under sub-rule (1), (2) or (3) of rule 6, or under rule 7,
as the case may be, has been affixed to a conspicuous part of the
premises ;
(iii) in other cases the Commissioner shall not take action unless
written notice of not less than twenty-four hours has been given to
the owner or occupier of the premises.
1949 : LIX] Maharashtra Municipal Corporations Act 351

(2) The expense of cutting off the connection or of turning off the water
in any such case as aforesaid shall be paid by the owner or occupier of the
premises.
(3) If in any case under clause (a) of sub-rule (1) the tax or sum due is
paid within the period stipulated therein by any person or persons in
occupation of the premises other than the persons primarily liable for the
same, such person or persons shall be entitled to credit therefor in account
with the person primarily liable and shall be entitled, without prejudice to
any other remedy for recovery, to deduct the amount paid from any rent
payable to the person primarily liable.
13. (1) No person shall fraudulently,— Prohibition of
fraud in
(a) alter the index to any meter or prevent any meter from duly respect of
meters.
registering the quantity of water supplied ;
(b) abstract or use water before it has been registered by a meter,
set up for the purpose of measuring the same.
(2) The existence of artificial means under the control of the consumer
for causing any such alteration, prevention, abstraction or use shall be
evidence that the consumer has fraudulently affected the same.
General Provisions.
14. No person shall wilfully or negligently,— Prohibition of
wilful or
(a) injure or suffer to be injured any meter belonging to the neglectful acts
Corporation or any of the fittings of any such meter ; relating to
water works.
(b) break, injure or open any lock, seal, cock, valve, pipe, work,
engine, cistern or fitting appertaining to any municipal water-work;
(c) flush or draw off the water from any such water-work, thereby
causing such water to be wasted ;
(d) do any act or suffer any act to be done whereby the water in, or
derived from, any municipal water-work shall be wasted ;
(e) obstruct, divert or in any way injure or alter any water-main or
duct ;
(f) except with the permission of the Commissioner, open, break,
injure or tamper with any lock furnished under the provisions of this Act ;
(g) foul or pollute or otherwise render unfit for human consumption
the water contained in any municipal water work.
15. Compensation shall be paid by the offender for any damage which Compensation
to be payable
the Corporation sustains by reason of any contravention of rule 13 or rule 14. by offenders
against rule
13 or 14.

16. If it shall be shown that an offence against some provision of this What persons
to be liable for
Act or against some rule or by-law relating to water-supply has occured on offences under
any premises to which a private supply of water is furnished by the certain
provisions of
Corporation, the owner, the person primarily liable for the payment of water this Act.
tax and the occupier of the said premises shall be jointly and severally liable
for the same.
352 Maharashtra Municipal Corporations Act [1949 : LIX
Commissioner 17. (1) The Commissioner may, if he thinks fit, cause any work described
may execute
works under in this Chapter to be executed or any cistern to be supplied with a lock and
this Chapter key by Municipal or other agency under his own orders, without first of all
without
allowing giving the person by whom the same would otherwise have to be executed or
option to supplied the option of doing or supplying the same.
persons
concerned of (2) The expenses of any work so done or of supplying such lock and key
executing the
same.
shall be paid by the person aforesaid, unless the Corporation shall, by a general
or special order or resolution, sanction, as it is hereby empowered to sanction,
the execution of such work or the supply of such lock and key at the charge of
the Municipal Fund.
Work under 18. (1) No person other than a licensed plumber shall execute any work
this Chapter
to be done by described in this Chapter, other than the provision of a lock and key and no
licensed person shall permit any such work to be executed except by a licensed plumber.
plumber.
(2) Every person who employs a licensed plumber to execute any such
work shall, when so required, furnish to the Commissioner the name of such
plumber.
(3) Where any person causes or permits any pipe, cistern or fitting or
other work necessary for conveying a private supply of water from a Municipal
water work into any premises to be laid, applied or executed in contravention
of sub-rule (1), he shall, in addition to being liable to the penalty prescribed
for such contravention, not be entitled to an independent or branch connection
until the defects, if any, in such pipe, cistern, fitting or work are removed to
the satisfaction of the Commissioner.

CHAPTER XI.

STREETS.

I. Sky-signs.
Interpretation 1. (1) For the purposes of section 244 the expression " sky-sign " means
of sky-sign.
any word, letter, model, sign, device or representation in the nature of an
advertisement, announcement or direction, supported on or attached to any
post, pole, standard frame-work or other support, wholly or in part upon or
over any land, building or structure which, or any part of which sky-sign,
shall be visible against the sky from some point in any street and includes
all and every part of any such post, pole, standard framework or other
support. It shall also include any balloon, parachute, or other similar device
employed wholly or in part for the purposes of any advertisement,
announcement or direction upon or over any land, building or structure or
upon or over any street.
(2) A sky-sign shall not include,—
(a) any flagstaff, pole, vane or weathercock, unless adapted or used
wholly or in part for the purpose of any advertisement, announcement
or direction;
(b) any sign, or any board, frame or other contrivance securely fixed
to or on the top of the wall or parapet of any building, or on the cornice
or blocking course of any wall, or the ridge of a roof :
1949 : LIX] Maharashtra Municipal Corporations Act 353

Provided that such board, frame or other contrivance be of one continuous

face and not open work, and do not extend in height more than three feet
above any part of the wall, or parapet or ridge to, against, or on which it is
fixed or supported ;
(c) any word, letter, model, sign, device, or representation as
aforesaid, relating exclusively to the business of a railway administration,
and placed wholly upon or over any railway, railway station, yard,
platform or station approach belonging to a railway administration and
so placed that it cannot fall into any street or public place ;
(d) any notice of land or buildings to be sold, or let, placed upon such
land or buildings.
1
II. Naming or Numbering of Streets and Numbering of [Premises].
2. (1) The Commissioner may, from time to time,— Naming or
numbering of
(a) with the sanction of the Corporation, determine the name or streets and
numbering of
number by which any street for any public place vested in the Corporation 1
[premises].
shall be known ;
(b) cause to be put up or painted on a conspicuous part of any house
at or near each end, corner or entrance to such street and at intervals
along such street or on some convenient part of such street, the name or
number of such street as so determined ;
(c) cause to be put up or painted suitable signs or boards indicating
the name of any public place vested in the Corporation ;
(d) determine the number or sub-number by which any premises or
part of such premises shall be known ;
2
[(e) by written notice require the owner of any premises or part
thereof either to put up by means of a metal plate a number or sub-
number on such premises or part thereof on such position and manner
as may be specified in such notice, or to signify in writing his desire that
such work shall be executed under the orders of the Commissioner.]
Explanation.—The provisions of this sub-rule shall apply to the renewal
of the name or number of any street or public place or the number or sub-
number of any premises, or part thereof, or the obliteration or defacement of
such name or number as it applies to the putting up or painting of such name
or number for the first time.
(2) (a) No person shall, without the written permission of the
Commissioner or without other lawful authority, destroy, remove, deface or
3
in any way injure or alter any such name or number or sub-number [or allow
or cause any metal plate bearing any number or sub-number to fall into
disrepair or otherwise become illegible or put up or paint any name or put
up any number or sub-number different from that put up or painted by order
of the Commissioner].
1
This word was substituted for the word “ Houses ” by Bom. 22 of 1956, s. 8(2)(e).
2
This paragraph was substituted for the original by Bom. 22 of 1956, s. 8(2)(a).
3
This portion was substituted for the words begining with the words “or putup or print some”
and ending with the words “by order of the comissioner by Bom 22 of 1956 s. 8(2) (b) (i).
354 Maharashtra Municipal Corporations Act [1949 : LIX

(b) No person shall without the written permission of the Commissioner

put up or affix any notice or board or advertisement within twelve inches of
any name or number of a street or of a number or of a sub-number of any
premises or part thereof, and the Commissioner may cause any such notice,
board or advertisement which is affixed or put up without his permission to
be removed and the expenses thereof shall be payable by such person.
1
[(c) If any person contravenes the provisions of paragraph (a) or (b), he
shall, on conviction, be punished with fine which may extend to twenty rupees.]
2
(3) Where a number or sub-number is put up *** on any premises or
part thereof under the orders of the Commissioner in accordance with
paragraph (e) of sub-rule (1), the expenses of such work shall be payable by
3
the [owner of the premises or part thereof, as the case may be,] at such rate
as the Commissioner may from time to time fix.
4
[Explanation.—In this rule “ premises ” does not include lands which
are not built upon nor does it include only verandahs, fixed platforms, plinths,
door steps, walls, compound walls, fencing or the like.]

III. Provisions concerning Private Streets.

Interpretation 3. For the purposes of section 218 the Commissioner may call for from
which may be
called for from
the persons giving notice under section 217 all or any of the following
persons giving documents :—
notice under
section 217. (i) correct plans and sections in duplicate of the proposed private
street, which shall be drawn to a horizontal scale of not less than one
and a half inches to ten feet and shall show thereon the level of the
present surface of the ground above some known fixed datum near the
same, the level and rate of inclination of the intended new street, the
level and inclination of the streets with which it is intended to be
connected, and the proportions of the width which are proposed to be
laid out as carriage-way and foot-way respectively ;
(ii) a specification with detailed description of the materials to be
employed in the construction of the said street and its footpaths ;
(iii) a plan showing the intended lines of drainage of such street and
of the buildings proposed to be erected and the intended size, depth, and
inclination of each drain, and the details of the arrangement proposed
for the ventilation of the drains ;
(iv) a plan showing each building plot with its dimensions and area
and showing open spaces with their dimensions ;
1
This paragraph was inserted by Bom. 22 of 1956, s. 8(2)(b)(ii).
2
The words "or painted" were deleted by Bom. 22 of 1956, s. 8(2)(c)(i).
3
These words were substituted for the words "owner of the premises" by Bom. 22 of 1956,
s. 8(2)(c)(ii).
4
This Explanation was added by Bom. 22 of 1956, s. 8(2)(d).
1949 : LIX] Maharashtra Municipal Corporations Act 355

(v) a scheme accompanied by plans and sections for the laying out
into streets, plots and open spaces of the other land of such persons or
of so much of such other land as the Commissioner shall consider
necessary.
CHAPTER XII.
BUILDINGS REGULATIONS AND BUILDING LOANS.
1. (1) If the notice given and the documents furnished under section Additional
information
253 or section 254 do not supply all the information which the Commissioner and the
deems necessary to enable him to deal satisfactorily with the case, the attendance of
the person
Commissioner may, at anytime within thirty days after receipt of the said who gave the
documents, by written notice, require the production of such further notice may be
required.
particulars and details as he deems necessary.
(2) At any time within the said period the Commissioner may also by
written notice require the person who has given the notice to open for
inspection any portion or portions of the intended foundations or any portion
of the intended foundations or walls of an existing building.
Forms of Notices.
2. The Commissioner shall cause printed forms of notices for the Printed forms
of notices to
purpose of section 253 or 254 to be delivered to any person requiring the same be supplied to
on payment of such fee for each form as shall from time to time be prescribed the public.
in this behalf by the Commissioner with the approval of the Standing
Committee.
3. If within thirty days after receipt of any notice under section 253 or When
building or
254, or further information, if any, called for under rule 1, the Commissioner work may be
does not issue an order under sub-rule (1) or sub-rule (2) of rule 5 or fails to proceeded
with.
intimate in writing to the person who has given the said notice his disapproval
of the building which the said person proposes to erect, or of the work which
he proposes to execute ;
or if, within the said period, the Commissioner signifies in writing to the
said person his approval of the said building or work ;
the said person may, subject to the provisions of sub-rules (3) and (4) of
rule 5, at any time within one year from the date of the delivery of the notice
to the Commissioner, proceed with the said building or work in accordance
with his intention as described in the notice or in any of the documents
aforesaid, but not so as to contravene any of the provisions of this Act or any
rule or by-law.
4. (1) If the Commissioner disapproves of any building or work of which Building or
work which is
notice has been given as aforesaid or of any portion or detail thereof, by reason disapproved
that the same will contravene some provision of this Act or some rule or by- by the
Commissioner
law or will be unsafe, he shall within thirty days of the receipt of the notice may be
or of the plan, section, description or further information, if any, called for proceeded
with subject
under rule 1 by a written notice intimate to the person who gave the notice to terms or
first hereinbefore in this rule mentioned, his said disapproval and the reason shall not be
proceeded
for the same and prescribe terms subject to which the building or work may with.
be proceeded with, or intimate that the works shall not be proceeded with.
H 610—48
356 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The person who gave the notice concerning any such building or work
may proceed with the same, if expressly permitted to do so, subject to the
terms prescribed as aforesaid but not otherwise, at any time within one year
from the date of receipt by him under sub-rule (1) of the written notice
containing express permission to do so in this behalf, but not so as to
contravene any of the provisions of this Act or any rule or by-law.
Power to the 5. (1) Notwithstanding anything contained in rules 3 and 4, if in any
Commissioner
to withhold
case it appears to the Commissioner that public improvements, which may
disposal of render necessary the acquisition of the site of any building or work or any
plans in
certain
part of such site, are desirable and expedient, he may by order in writing
circumstances. direct that no further action should be taken in pursuance of a notice given
under section 253 or section 254 for a period not exceeding three months from
the date of such notice.
(2) The Commissioner may issue a like order if in any case it appears to
him that any site as aforesaid is likely to be affected by any one of the following,
namely :—
(a) prescribing a regular line of a public street ;
(b) prescribing a fresh line in substitution of the existing regular
line of a public street ;
(c) extending or altering a public street ;
(d) any scheme for widening or modifying a private street.
(3) If, within the said period of three months, the public improvements
referred to in sub-rule (1) or any of the matters referred to in sub-rule (2) have
been given final effect so as to have the result referred to in sub-rule (1) or
sub-rule (2), the notice given under section 253 or section 254 shall be deemed
to have lapsed.
(4) In any case not covered by sub-rule (3), the notice given under section
253 or section 254 shall be deemed to have been renewed as on the date on
which the period of three months mentioned in sub-rule (1) expired.
When work 6. (1) No person shall commence to erect a new building or to execute
may be
commenced. any such work as is described in section 254,—
(a) until he has given notice of his intention, as hereinbefore
required, to erect such a building or execute such work and the
Commissioner has either intimated his approval of such building or work
or failed to intimate his approval thereof within the period prescribed
in this behalf in rule 3 or 4 :
Provided that the provisions of rule 5 shall be taken into account in
computing such period ;
(b) until he has given notice to the City Engineer of the proposed
date of commencement :
Provided that if the commencement does not take place within seven clear
days of the date so notified, the notice shall be deemed not to have been given ;
(c) until he has made such sanitary arrangements as the
Commissioner may require for the workmen employed on the work ;
1949 : LIX] Maharashtra Municipal Corporations Act 357

(d) after the expiry of the period of one year prescribed in rules 3
and 4 respectively for proceeding with the same, or after the expiry of
the period of one year from the date of the suspension or stoppage of such
work when it is once commenced.
(2) If the person who is entitled under rule 3 or 4 to proceed with any
building or work, fails so to do within the period of one year prescribed in
the said rules, respectively, for proceeding with the same, he may at any
subsequent time give fresh notice of his intention to erect such building or
execute such work; and thereupon the provisions hereinbefore contained
shall apply as if such fresh notice were a first notice of such person's intention.
Provisions as to structure, materials, etc.
7. With respect to buildings which are to be newly erected the following Provisions as
to buildings
provisions in addition to the provisions of the by-laws for the time being in which are to
force shall have effect, namely :— be newly
erected.
(a) the erection of any such building on either side of a new street
may be disapproved by the Commissioner, unless and until such new
street has been levelled, metalled or paved, sewered and drained to the
satisfaction of the Commissioner ;
(b) the erection of any such building in any part of the City in which
the position and the direction of the streets likely to be required in future
have not yet been laid down or determined or in which it is deemed
expedient to lay out a public street under section 205, shall, with the
assent of the Standing Committee, be disapproved by the Commissioner,
unless the site proposed for such building is, in the opinion of the
Commissioner, such as, with reference to the positions occupied by the
buildings, if any, already existing in the neighbourhood, will admit of the
construction in the future of one or more new streets convenient for the
occupiers of all the buildings in the neighbourhood and for the purposes
of drainage, water-supply and ventilation :
Provided that any person whose building is so disapproved may, by
written notice to the Commissioner, require that the position and direction
of the future street or of the proposed public street under section 205 in the
vicinity of his intended building be forthwith laid down and determined and
if such requisition be not complied with within six months from the date
thereof, may, subject to all other provisions of this Act and the rules applicable
thereto, proceed with the erection of the building ;
(c) the erection of any such building in any part of the City may be
disapproved by the Commissioner if such building or any portion thereof
comes within the line of any street the position and direction of which
has been laid down by the Commissioner, with the approval of the
Standing Committee, but which has not been actually constructed, or
within the regular line of a new public street or of the extention of an
existing public street which the Commissioner has been authorised to
lay out under section 205 ;

H 610—48a
358 Maharashtra Municipal Corporations Act [1949 : LIX

(d) the foundation of any such building shall not be constructed on

any site which has been filled up with, or has been used as a place for
depositing, excrementitious matter or the carcasses of dead animals or
other filthy or offensive matter, until such matter shall have been properly
removed or rendered innocuous to the satisfaction of the Commissioner;
(e) the sub-soil of the site of a building shall, whenever the
dampness or position of the site renders the precaution necessary, be
effectually drained and the Commissioner may require such measures
to be taken as will effectually protect the building from damp arising
from the sub-soil.
Provisions of 8. (1) Where the Commissioner is of opinion that the means of egress
sufficient
means of from any building are insufficient to allow of safe exit in the event of fire, or
egress. are by any cause rendered inadequate he may, by written notice, require the
owner or occupier of the building to alter or reconstruct any existing staircase,
lobby, passage, or landing in such manner and with such materials or to
provide such additional or emergency staircase or exits as he may prescribe.
(2) Every staircase, landing or common passage of every building on each
floor shall be kept free from obstruction, and no person shall permit any article
to remain in any staircase, landing or common passage of any building in such
a manner as may impede the passage of persons into, through and out of the
said building.
(3) The existence of any article in any such staircase, landing or a common
passage in any building shall be prima facie evidence that it was placed or
permitted to remain therein by the owner or occupier of the building.
Inspection and occupation of buildings after completion.
Inspection 9. For the purposes of section 263—
and
occupation of (a) inspection shall be commenced within seven days from the date
buildings
after
of receipt of the notice of completion, and
completion. (b) the Commissioner may, within seven days from the date of
commencement of such inspection, by written intimation addressed to
the person from whom the notice of completion was received, and
delivered at his address as stated in such notice, or in the absence of such
address, affixed to a conspicuous part of the building to which such notice
relates :—
(i) give permission for the occupation of such building or for the
use of the building or part thereof affected by such work, or
(ii) refuse such permission in case such building has been
erected or such work executed so as to contravene any provisions
of this Act or of the rules or by-laws, or
(iii) refuse such permission until a private street or other means
of access to such building fixed and determined under section 220
has been properly constructed and approved by the Commissioner,
(iv) refuse such permission unless the site of the building, or
adjacent sites, as the case may be, are properly cleansed by the
removal of all surplus building materials, debris, earth, rubbish and
the tools used for building purposes.
1949 : LIX] Maharashtra Municipal Corporations Act 359

10. No person shall, without the written permission of the Building not
to be
Commissioner or otherwise than in conformity with the terms of such converted to
permission— other
purposes
(a) use or permit to be used for human habitation any part of building without
permission of
not originally constructed or authorised to be used for that purpose ; Commissioner.
(b) convert into, or use, or permit to be used, as a chawl or building
intended to form a range of separate rooms for lodgers, a building not
originally designed or authorised to be so used ;
(c) use or permit to be used any building or part of a building
originally constructed or authorised to be used for human habitation as
a godown, warehouse, workshop, factory, stable, motor-garage, shop,
stall, market or bazaar ;
(d) make any alteration or cause any alteration to be made in an
existing building originally constructed or authorised to be used for
human habitation for the purposes of using it or causing it to be used as
a godown, warehouse, workshop, workplace, factory, stable, motor-
garage, shop, stall, market or bazaar ;
(e) use or permit to be used as a godown, warehouse, workshop,
workplace, factory, stable, motor-garage, shop, stall, market or bazaar
any building or part of a building not orginally constructed or authorised
to be used for any such purpose respectively.
Explanation.— “Chawl” shall mean a building consisting of two or more
tenements having common sanitary and other amenities. If any question arises
whether any building is a chawl, the decision of the Commissioner shall be
final.
11. No person shall make any alteration whatsoever in an existing Alteration in
buildings
building if the result of such alteration is that the requirements of this Act or causing
of the rules or by-laws are contravened, notwithstanding that such alteration infringement
of any rule or
in itself does not require the permission or sanction of any authority under by-law not to
this Act. be carried out.

12. (1) No external wall and no covering of a roof built or renewed since Roofs and
external walls
the appointed day shall, except with the written permission of the of buildings
Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other not to be of
inflammable
inflammable material. materials.
(2) If any external wall or covering of a roof is or has been, before the
appointed day constructed of any such material, the Commissioner may, by
written notice, require the owner or occupier of the building to which such
wall or roof appertains to remove such wall or covering.
(3) Where permission is given under sub-rule (1) or where any wall or
roof is not required to be removed under sub-rule (2) the Commissioner may
by order in writing require such precautions to be taken as he may specify
against danger from fire.
13. Where any staircase, passage or private court of or in a building Staircases,
etc., to be
divided into two or more separate tenements or the spaces near or leading lighted at
to latrines or urinals or washing places therein are without any means of night.
lighting at night time and of extinguishing such light or if the Commissioner
360 Maharashtra Municipal Corporations Act [1949 : LIX

is of opinion that the existing means of lighting a staircase, passage or private

court of or in any such building or the spaces near or leading to latrines or
urinals or washing places therein available for the persons occupying or
employed in such building or the means of extinguishing any such light are
insufficient the Commissioner may, by written notice, require the owner of
such building,—
(a) to provide, fit up and maintain such or such additional means of
lighting the staircase, passage or private court or the spaces near or
leading to latrines or urinals or washing places as he may prescribe and
keep them lighted until such time as he may specify in the notice ;
(b) to provide the necessary lamps, brackets and the necessary
supply of gas, electricity or any other means of lighting and all means of
extinguishing any lights, which he is required to provide ;
(c) to substitute for any existing means of lighting and extinguishing
lights such other means of lighting or extinguishing lights, as he may
prescribe.
Inspection of 14. Any municipal officer or servant authorised by the Commissioner
buildings by
day or by in this behalf may at any time between sunrise and sunset or upto
night. 10 p.m. by night without notice enter any building for the purpose of
ascertaining whether there is any contravention of the terms of any notice
given under rule 13.
Building Loans.
Power of 15. (1) Subject to the provisions of this Act, the Commissioner may, with
Commissioner
to make the previous sanction of the Standing Committee, advance loans to persons
advances for or bodies of persons—
the purposes
of increasing (a) constructing or altering or undertaking to construct or alter
housing
accommodation. buildings intended for the poorer sections of the community ;
(b) carrying out or undertaking to carry out repairs to such buildings
in cases where the Commissioner considers that, having regard to the
cost of those repairs or the financial position of the applicant, it is
reasonable to give such assistance.
(2) Persons or bodies of persons desiring assistance by way of such
advances may make an application to the Commissioner in such form as may
be prescribed for a loan to be advanced by way of a mortgage on the security
of the building to be so constructed, altered or repaired, and the Commissioner
may after making such inquiry as he thinks necessary, and subject to the
conditions mentioned in sub-rule (3) and such other conditions as the
Corporation may prescribe advance such loan.
(3) Every such loan shall be subject to the following among other
conditions :—
(a) that the building in respect of which the loan is to be advanced
will when the construction, alteration or repair has been completed be
in all respects fit for human habitation and shall be used wholly or mainly
for residential purposes ;
1949 : LIX] Maharashtra Municipal Corporations Act 361

(b) that the period within which the loan shall be repayable shall
not exceed thirty years from the date of the completion of the
construction, alteration or repair of the building;
(c) that the amount of the loan shall not exceed sixty per cent. of
the cost of the construction, alteration or repair of the building (including
outhouses and other works, if any, connected therewith) irrespective of
the period of repayment;
(d) that the aggregate amount of the loan shall not exceed ten
thousand rupees in the case of any one person or body of persons ;
(e) that the amount of the loan with interest thereon shall be secured
by a mortgage of the building (including outhouses and other works, if
any, connected therewith) together with the site on which they are
created in favour of the Corporation containing such covenants and
conditions as may be prescribed ;
(f) that, where the property intended to be mortgaged includes a
leasehold interest, no loan shall be made unless that interest is a term
of years absolute where of a period of not less than ten years in excess of
the period for repayment of the loan remains unexpired at the date of
the loan.
CHAPTER XIII.
POWERS OF FIRE-BRIGADE OFFICERS.
On the occasion of a fire the Chief or any other officer in charge of the Powers of fire-
brigade
fire-brigade may do all or any of the following acts :— officers at a
fire.
(a) remove, or order any fireman or other officer or person under
his command to remove any persons who interfere by their presence with
the operations of the fire-brigade ;
(b) take generally any measures that appears expedient for the
protection of life and property, with power, by himself or by the persons
under his command, to break into or through or take possession of, or
pull down any premises for the purpose of putting an end to or limiting
the spread of such fire, doing as little damage as possible ;
(c) cause the water to be shut off from the mains and pipes of any
area in order to give a greater supply and pressure of water in the area
in which the fire has occurred and utilize the water of any stream, tank,
cistern, well or tank available for the purpose of extinguishing or limiting
the spread of such fire ;
(d) close any street or passage in or near the site of the fire ;
(e) give orders for the rendering of such assistance as he may deem
advisable by the person in charge of any fire-engine ;
(f) use any premises for the passage of any hose or other appliance;
(g) take generally any measures that may appear necessary or
expedient for the protection of life or property.
362 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XIV.
SANITARY PROVISIONS.
Scavenging and Cleansing.
Duty of 1. (1) It shall be incumbent on the owners and occupiers of all premises
owners and
occupiers to to cause all dust, ashes, refuse, rubbish and trade refuse to be collected from
collect and their respective premises and to be deposited at such times in such manner
deposit dust,
etc. and with such precautions as the Commissioner, by public notice, from time to
time determines in the public receptacle, depot or place provided or appointed
under section 292 for the temporary deposit or final disposal thereof:
Provided that the Commissioner may, if he thinks fit, by written notice
require the occupier and owner of any premises or either of them to cause all
dust, ashes, refuse and rubbish, but not trade refuse, to be collected daily, or
otherwise periodically from the said premises and deposited temporarily
upon any place forming the part of the said premises which the Commissioner
appoints in this behalf, and it shall be incumbent on the said occupier and
owner or either of them to cause the said matters to be collected and deposited
accordingly.
(2) It shall be incumbent on the owners of all premises to provide
receptacles of a size and material to be prescribed by the Commissioner in
such number and retained in such positions as the Commissioner may from
time to time by written notice direct for the collection therein of all dust,
ashes, refuse, rubbish and trade refuse to be collected from such premises
and to keep such receptacles at all times in good repair and condition.
(3) It shall also be incumbent on the owners and occupiers or either of
them of all premises, when required by the Commissioner by written notice
so to do, to employ servants for the purpose of carrying out and complying
with the requirments of sub-rule (1).
Collection and 2. It shall be incumbent on the occupier of any premises situate in any
removal of
excrementitious portion of the city for which the Commissioner has not given a public notice
and polluted under clasue (a) of sub-section (1) of section 131 and in which there is not a
matter when
to be provided water-closet or privy connected with a municipal drain, to cause all
for by excrementitious and polluted matter accumulating upon his premises to be
occupiers.
collected and to be conveyed to the nearest receptacle or depot provided for
this purpose, under clause (d) of section 292, at such times, in such vehicle or
vessel, by such route and with such precautions, as the Commissioner by public
notice from time to time specifies.
Prohibition of 3. No person—
failure to
remove refuse, (a) who is bound under rule 1 or rule 2, to cause the removal of dust,
etc., when
bound to do ashes, refuse, rubbish and trade refuse or of excrementitious or polluted
so. matter, shall allow the same to accumulate on his premises for more than
twenty-four hours or shall keep the same otherwise than in a proper
receptacle or neglect to cause the same to be removed to the depot,
receptacle or place provided or appointed for the purpose ;
1949 : LIX] Maharashtra Municipal Corporations Act 363

(b) shall remove any dust, ashes, refuse, rubbish or trade refuse or
any excrementitious or polluted matter, otherwise than in conformity
with the requirements of any public or written notice for the time being
in force under rule 1 or use for the removal of any excrementitious or
polluted matter any vehicle or vessel not having a covering proper for
preventing the escape of any portion of the contents thereof or of the
stench therefrom ;
(c) shall, whilst engaged in the removal of any dust, ashes, refuse,
rubbish or trade refuse, or of any excrementitious or polluted matter,
fail forthwith thoroughly to sweep and cleanse the spot in any street upon
which, during removal, any portion thereof may fall and entirely to
remove the sweepings;
(d) shall place or set down in any street any vehicle or vessel for
the removal of excrementitious or polluted matter or suffer the same to
remain in any street for any greater length of time than is reasonably
necessary;
(e) shall throw or place any dust, ashes, refuse, rubbish or trade
refuse or any excrementitious or polluted matter, on any street, or in
any place not provided or appointed for this purpose under section 292
or rule 1;
(f) who is the owner or occupier of any building or land, shall allow
any filthy matter to flow, soak or be thrown therefrom, or keep or suffer
to be kept therein or thereupon, anything so as to be a nuisance to any
person, or negligently suffer any privy-receptacle or other receptacle or
place for the deposit of filthy matter or rubbish on his premises to be in
such a state as to be offensive or injurious to health.
4. If it shall in any case be shown that dust, ashes, refuse, rubbish or Presumption
as to offender
trade refuse or any excrementitious or polluted matter, has or have been under
1
thrown or placed on any street or place, in contravention of [clause (e)] of 1
[clause(e)] of
rule 3 from some building or land, it shall be presumed, until the contrary is rule 3.
proved, that the said offence has been committed by the occupier of the said
building or land.
5. (1) If any person who is bound under rule 1 to cause the collection Removal of
rubbish and
and deposit of dust, ashes, refuse, rubbish and trade refuse or under rule 2 to filth
cause the collection and removal of excrementitious and polluted matter shall accumulating
allow the same to accumulate on his premises for more than twenty-four hours in large
quantities on
or shall keep the same otherwise than in a proper receptacle or shall neglect premises.
to cause the same to be removed to the receptacle, depot, or place provided
or appointed for the purpose, the Commissioner, may, in addition to the
institution of any proceeding provided for in this Act, by written notice require
such person to collect forthwith all such dust, ashes, refuse, rubbish and trade
refuse or excrementitious or polluted matter accumulated thereon and remove
the same forthwith in the manner and to the place provided by or under this
Act.
(2) If such person shall fail to comply with the notice given under sub-
rule (1), the Commissioner may cause the dust, ashes, refuse, rubbish, and
trade refuse or excrementitious or polluted matter, accumulated in such
1
The word, brackets and letter were substituted for the word, brackets and letter “ clause (c) ”
by Bom. 39 of 1951, s. 3, Second Schedule.
H 610—49
364 Maharashtra Municipal Corporations Act [1949 : LIX

premises to be removed and such charge as the Commissioner may, with the
sanction of the Standing Committee, fix, shall be paid by such person towards
the cost of removal.
Contract with 6. The Commissioner may contract with the owner or occupier of any
owner or premises to remove rubbish or filth from such premises on such terms as to
occupier for
time and period of removal and other matters as may seem suitable to the
removal of
rubbish or Commissioner, and on payment of fees at such rate as the Corporation may
filth. determine.
Inspection and Sanitary Regulation of Premises.
Removal of 7. If it shall appear to the Commissioner that any tiles, stones, rafters,
building building materials, or debris of building materials are stored or collected in
materials
from any or upon any premises without the written permission of the Commissioner,
premises in such quantity or bulk or in such a way as to constitute a harbourage or
may be breeding place for rats or other vermin or otherwise a source of danger or
required.
nuisance to the occupiers of the said premises or to persons residing in the
neighbourhood thereof, the Commissioner may, by written notice, require the
owner of such premises, or the owner of the materials or debris so stored or
collected therein, to remove or dispose of the same or to take such order with
the same, as shall in the opinion of the Commissioner be necessary or
expedient to abate the nuisance or prevent a recurrence thereof.
Measures 8. Where it appears to the Commissioner that any building or part
against rats thereof used for the storage of goods is used in such manner as to afford
etc., may be
required in
harbourage to rats, mice, or other animals susceptible to plague or other
respect of vermin, he may require the owner or occupier by written notice to take such
premises used steps for the destruction of the rats, mice, or other animals or other vermin
for storage of as are specified in the notice or to carry out such works as will render the
goods.
walls and floors of such building or part of a building proof against such
infestation.
Abandoned or 9. If any premises, by reason of abandonment or disputed ownership
unoccupied or any other reason, remain untenanted or unoccupied and thereby become a
premises.
resort of disorderly persons or, in the opinion of the Commissioner, a nuisance,
the Commissioner, after such inquiry as he deems necessary, may give written
notice to the owner of such premises, if he be known and resident within the
City, or to any person who is known or believed to claim to be the owner, if
such person is resident within the City, and shall also affix a copy of the said
notice on some conspicuous part of the said premises, requiring all persons
having any right or property or interest therein to take such order with the
said premises as shall in the opinion of the Commissioner be necessary to
prevent the same from being resorted to as aforesaid or from continuing to
be a nuisance.
Neglected 10. (1) If it shall appear to the Commissioner that any premises are
premises or overgrown with rank and noisome vegetation or trees or undergrowth
private
streets. injurious to health or offensive to neighbouring inhabitants or are otherwise
in an unwholesome or filthy condition or, by reason of their not being properly
enclosed, are resorted to by the public for purposes of nature, or are otherwise
a nuisance to the neighbouring inhabitants, the Commissioner may, by written
notice, require the owner or occupier of such premises to cleanse, clear or
enclose the same, or, with the approval of the Standing Committee, may
require him to take such other order with the same as the Commissioner
thinks necessary.
(2) If it shall appear to the Commissioner that any private street is
overgrown with rank and noisome vegetation or is otherwise in an
unwholesome or filthy condition, the Commissioner may by written notice
1949 : LIX] Maharashtra Municipal Corporations Act 365

require the owners of the several premises fronting or adjoining the said street
or abutting thereon to cleanse or clear the same, or with the approval of the
Standing Committee require them to take such other order with the same as
the Commissioner may think necessary :
Provided that nothing herein contained shall affect the provisions of
section 290.
(3) In so far as the unwholesome or filthy condition of such premises or
such street or such nuisance as abovementioned is caused by the discharge
from or by any defect in the municipal drains or appliances connected
therewith, it shall be incumbent on the Commissioner to cleanse such
premises or such street.
11. (1) If it shall appear to the Commissioner that any building or any Nuisance
arising from
part of a building is in such a state as to constitute a nuisance or to be likely defective roof
to give rise to one by reason of rain water leaking from its roof or any part of or from
dampness
its roof, or by reason of dampness rising through its ground floor surface or rising through
through its walls, the Commissioner may, by notice in writing, require the ground floor
owner of such buildings to abate the nuisance or to prevent its recurrence surface or
through walls.
within the time and by taking the measures and doing the acts to be specified
in the notice.
(2) If at any time thereafter the Commissioner is of opinion that such a
nuisance may recur he may, notwithstanding that the original nuisance may
have been abated by the owner of the building under sub-rule (1), give a
further notice in writing to the said owner requiring him to abate the probable
recurrence of the nuisance within the time and in the manner specified in
the notice.
(3) If the owner of the building by whose act, default or sufferance such
nuisance has arisen or continues is unknown or cannot be found, the
Commissioner may take such measures or cause such work to be executed or
such things to be done, as shall in his opinion be necessary to abate such
nuisance and to prevent its recurrence.
12. (1) The owner of a building shall, within a period of seven days after Power of
Commissioner
receipt of a written notice from the Commissioner, sign and give a certificate to call for
of the following particulars with respect to such building or any part statement of
thereof :— accommodation.

(a) the total number of rooms in the building,

(b) the length, breadth and height of each room, and
(c) the name of the person to whom he has let the building or each
part of the building occupied as a separate tenement.
(2) The occupier of a building or of any part of a building occupied as a
separate tenement shall, on like notice, and within the like period, sign and
give a certificate of the following particulars with respect to such building or
part of such building as aforesaid which is in his occupation :—
(a) the total number of persons dwelling in the building or any part
of it,
(b) the manner of use of each room by day and by night, and
(c) the number, sex and age of the occupants of each room used for
sleeping.
H 610—49a
366 Maharashtra Municipal Corporations Act [1949 : LIX

Nuisance 13. (1) If at any time it shall appear to the Commissioner that any
caused by
smoke of
chimney of a kitchen in a dwelling house is in such a state as to constitute a
kitchens in nuisance by reason of smoke emitted from it, the Commissioner may by notice
dwelling in writing require the owner of such building to abate the nuisance or to
houses.
prevent its recurrence within the time and by taking the measures and doing
acts to be specified in the notice.
(2) If at any.time it shall appear to the Commissioner that in any
dwelling house the smoke from the kitchen constitutes a nuisance for want
of provision of any chimney the Commissioner may by notice in writing require
the owner to take such measures and do such acts for abating the nuisance as
may be specified in the notice.
(3) If the owner of the building by whose act, default or sufferance such
nuisance has arisen or continues is unknown or cannot be found, the
Commissioner may take such measures or cause such work to be executed or
such things to be done as shall in his opinion be necessary to abate such
nuisance and to prevent its recurrence.
Abatement of 14. If in the opinion of the Commissioner the storage, dumping or
nuisance from deposit in any building or land of coal, charcoal, ashes, cinders, gunny bags,
dust, smoke,
etc. wool, cotton, or any material, or the shifting, breaking, cutting or burning of
such coal, charcoal, ashes, cinders or material or subjecting the same to any
process causes or is likely to cause nuisance to the inhabitants in the
neighbourhood of such building or land, by the emanation of dust, floating
particles, smoke, unwholesome smell or noise or otherwise, he may, by notice,
require the owner or occupier of such building or land to take such steps as
may be specified in the notice for the abatement of such nuisance.
Filling in of 15. (1) For the purpose of this rule, a nuisance shall include—
pools, etc.,
which are a (a) any pool, swamp, ditch, tank, well, pond, quarry-hole, drain,
nuisance. water course or any collection of water ;
(b) any cistern or other receptacle for water or any article or thing
capable of collecting rain water during the monsoon season, whether
within or outside a building;
(c) any land on which water accumulates or is likely to accumulate ; or
(d) any premises or any part of any premises occupied, or
unoccupied, or under construction, reconstruction, or demolition, which
in the opinion of the Commissioner is, or is likely to become, a breeding
place of mosquitoes or which is, in any other respect, a nuisance as defined
in clause (40) of section 2.
(2) The Commissioner may, by notice in writing, require the person by
whose act, default or sufference a nuisance arises, exists or continues, or is
likely to arise, and the owner, lessee and occupier of the land, building or
premises on which the nuisance arises, exists or continues or is likely to arise
or any one or more of such person, owner, lessee, and occupier, to remove,
discontinue or abate the nuisance by taking such measures and by executing
such work in such manner and within such period of time as the Commissioner
shall prescribe in such notice.
(3) The Commissioner may also by any notice under sub-rule (2) or by
another notice, served on such person, owner, lessee and occupier, or on any
one or more of them, require them, or any one or more of them, to take all
1949 : LIX] Maharashtra Municipal Corporations Act 367

steps requisite or necessary to prevent a recurrence of the nuisance and may,

if he thinks it desirable, specify any work to be executed or measures to be
carried out for that purpose and may serve any such further notice
notwithstanding that the nuisance may have been abated or removed if he
considers that it is likely to recur :
Provided that if at any time within four months from the date of the
service of any such notice, the nuisance recurs through the failure of the
person or persons upon whom such notice has been served to comply with
the requirements contained in such notice, such person or persons shall be
liable without any further notice to the penalties provided for offences under
this rule.
(4) Where the nuisance arises or exists or is likely to arise or recur in
connection with the construction, reconstruction or demolition of any
premises, or any part of any premises, the Commissioner may, in addition to
serving any notice or any one or more of the persons mentioned in sub-rule
(2), serve any such notice on any architect, surveyor, contractor or other
person employed to carry out such work of construction, reconstruction or
demolition and also on any sub-contractor employed by such contractor or
other person, or any one or more or such contractor, person and sub-
contractor.
(5) The Commissioner may, by notice in writing, require, any person,
owner, lessee and occupier, or any one or more of them, to provide a ladder
or ladders (either fixed or moveable) for the purpose of inspection of roof
gutters by the municipal staff, if such gutters in any premises are likely to
become a breeding place of mosquitoes due to the accumulation of water.
(6) If any person who, by a requisition made under sub-rule (2) or
sub-rule (3), is required to fill up, cover over or drain off a well, delivers to
the Commissioner, within the time prescribed for compliance therewith,
written objections to such requisition, the Commissioner shall report such
objections to the Standing Committee and shall make further inquiry into the
case, and he shall not institute any prosecution under section 481 for failure
to comply with such requisition except with the approval of the Standing
Committee, but the Commissioner may neverthless, if he deems the execution
of the work called for by such requisition to be of urgent importance, proceed
in accordance with section 479 and, pending the Standing Committee's
disposal of the question whether the said well shall be permanently filled up,
covered over or otherwise dealt with, may cause such well to be securely
covered over so as to prevent the ingress of mosquitoes, and in every such
case the Commissioner shall determine, with the approval of the Standing
Committee, whether the expenses of any work already done as aforesaid shall
be paid by such person, or by the Commissioner out of the Municipal Fund or
shall be shared, and, if so, in what proportions.
16. (1) No new well, tank, pond, cistern or fountain shall be dug or Permission
for new well
constructed without the previous permission in writing of the Commissioner. etc.
(2) If any such work is begun or completed without such permission, the
Commissioner may either,—
(a) by written notice require the owner or other person who has
done such work to fill up or demolish such work in such manner as the
Commissioner shall prescribe, or
368 Maharashtra Municipal Corporations Act [1949 : LIX

(b) grant written permission to retain such work, but such

permission shall not exempt such owner from proceedings for
contravening the provisions of sub-rule (1).
Precautions in 17. (1) If the Commissioner is of opinion that any tank, pond, well, hole,
case of stream, dam, bank or other place is, for want of sufficient repair, protection
dangerous
tanks, wells, or enclosure, dangerous to passerby, or to persons living in the neighbourhood,
holes, etc. he may by written notice require the owner to fill in, remove, repair, protect
or enclose the same so as to prevent any danger therefrom.
(2) If in the opinion of the Commissioner immediate action is necessary
he may himself, before giving such notice or before the period of notice
expires, take such temporary measures as he thinks fit to prevent danger and
the cost of doing so shall be paid by the owner.
Power to order 18. (1) The Commissioner may by written notice require the owner of
cleansing of or person having control over, any private watercourse, spring, tank, well or
insanitary
private water other place the water of which is used for drinking, bathing or washing clothes
course, spring, to keep the same in good repair, to cleanse it in such manner as the
tank, well, Commissioner may direct and to protect it from pollution caused by surface
etc., used for
drinking. drainage or other matter in such manner as may be provided in the notice.
(2) If the water of any private tank, well, or other place which is used
for drinking, bathing or washing clothes, as the case may be, is proved to the
satisfaction of the Commissioner to be unfit for that purpose, the
Commissioner may by notice require the owner or person having control
thereof to,—
(a) refrain from using or permitting the use of such water, or
(b) close or fill up such place or enclose it with a substantial wall or
fence.
Duty of 19. If it appears to the Commissioner that any public well or receptacle
Commissioner of stagnant water is likely to be injurious to health or offensive to the
in respect of
public well or neighbourhood, he shall cause the same to be cleansed, drained, or filled up.
receptacle of
stagnant
water.
Dangerous 20. If, in the opinion of the Commissioner, the working of any quarry,
quarrying
may be
or the removal of stone, earth or other material from any place, is dangerous
stopped. to persons residing in or having lawful access to the neighbourhood thereof
or creates or is likely to create a nuisance, the Commissioner may, with the
approval of the Standing Committee, by written notice require the owner of
the said quarry or place to discontinue working the same or to discontinue
removing stone, earth or other material from such place, or to take such order
with such quarry or place as he shall deem necessary for the purpose of
preventing danger or of abating the nuisance arising or likely to arise
therefrom.
Removal and 21. (1) If, in the opinion of the Commissioner,—
trimming of
trees, shrubs (a) any hedge is at any time insufficiently cut or trimmed, or
and hedges. overgrown with prickly-pear or other rank vegetation ;
(b) any tree or shrub has fallen or is likely to fall to the danger of
public safety or overhangs or obstructs any street or street light to the
inconvenience or danger of passengers therein ;
(c) any tree situated within any premises has fallen or if any such
tree or any branch or fruit thereof is likely to fall and is in any way
1949 : LIX] Maharashtra Municipal Corporations Act 369

dangerous to any person occupying, resorting to or passing by such

premises or to any structure or place in the neighbourhood thereof; or
(d) any tree situated within any premises causes or is likely to cause
inconvenience or nuisance to any person occupying such premises or any
neighbouring premises,
the Commissioner may, by written notice, require the owner or occupier
of the land on which such hedge, tree or shrub is or has been
growing :—
(i) to cut down such hedge to a height not exceeding four feet
and to a width not exceeding three feet, and to remove any such
prickly-pear or other rank vegetation therefrom ; or
(ii) to remove, cut, lop or trim such tree or shrub or remove the
fruit thereof, as the case may be.
(2) In any case falling under clause (b) or (c) of sub-rule (1) the
Commissioner may, if for the public safety it shall appear to him necessary
so to do, cause any tree or shrub to be removed, cut, lopped or trimmed or
cause any fruit thereof to be removed or cause a part of a street to be fenced
off or cause any other measures which he deems necessary to arrest the
danger to be taken without previously giving the said owner or occupier notice
as aforesaid, and the expenses thereof shall, neverthless, be paid by the owner
or occupier.
Keeping and Destruction of Animals.
22. (1) No person shall,— Prohibitions
as to keeping
(a) without the written permission of the Commissioner or animals.
otherwise than in conformity with the terms of such permission keep or
allow to be kept in any part of the city any swine, horses, cattle, goats,
sheep, donkeys or such other four-footed animals as the Commissioner
may, from time to time, by public notice direct;
(b) feed any animal, or suffer or permit any animal, to be fed or to
feed, with or upon excrementitious matter, dung, stable refuse or other
filthy matter;
(c) keep any animal or bird on his premises so as to be a nuisance
or so as to be dangerous.
(2) The Commissioner may,—
(a) specify in the written permission the limit of the number of
animals to be kept on particular premises, or
(b) refuse to give or renew permission if he shall be of opinion that
the keeping of the animals on any premises is or is likely to be a nuisance
or danger to any person or objectionable on sanitary grounds.
(3) Any swine found straying may be forthwith destroyed and the carcass
thereof disposed of as the Commissioner shall direct, and no claim shall lie
for compensation for any swine so destroyed.
(4) The Commissioner shall make provision for affixing marks for
purpose of identification on animals in respect of which permission is granted
under sub-rule (1).
370 Maharashtra Municipal Corporations Act [1949 : LIX

Tethering 23. No person shall tether any animal or cause or permit the same to
animals in
excess of be tethered beyond the limit authorised by any permission granted under rule
permitted 22 or allow any animal to stray at any place in any part of the City.
number
prohibited.

Stabling 24. Where a building or any portion thereof is used or intended to be

animals or
storing grain used for human habitation and any portion of such building is used for any of
in dwelling the following purposes, namely :—
house may be
prohibited.
(a) for keeping any horse, cow, buffalo, bullock, goat, sheep or
donkey, or

(b) as a godown or place for the storage, in connection with wholesale

trade; of grain, seed or groceries, the Commissioner may, if it shall appear
to him necessary for sanitary reasons to do so, by written notice require
the owner or occupier of such building to discontinue the use of such
building for any such purpose :

Provided that the Commissioner may permit such use subject to such
conditions as he may think fit to prescribe.

Regulation of Factories, Trades, etc.

New factories. 25. (1) Every application for permission under section 313 shall be in
writing and shall give such information and be accompanied by such plans as
may be prescribed by by-laws.

(2) The Commissioner may, as soon as may be after the receipt of the
application,—

(a) grant the permission applied for either absolutely or subject to

such conditions as he thinks fit to impose, provided the location of such
factory, workshop, workplace or bakery is not contrary to any requirement
of this Act or any rule, by-law, regulation or standing order, or

(b) refuse to give such permission if he shall be of opinion that the

establishment of such factory, workshop, workplace or bakery in the
proposed position is objectionable by reason of the density of the
population in the neighbourhood thereof, or will be for any reason a
nuisance to the inhabitants of the neighbourhood.

(3) If any written permission for the establishment of a factory,

workshop, workplace or bakery granted under sub-rule (2) be revoked by the
Commissioner in the exercise of his power under sub-section (3) of section
386, no person shall continue or resume the working or use of such factory,
workshop, workplace or bakery until such written permission is renewed or
a fresh written permission is granted by the Commissioner.

Furnaces used 26. (1) The Commissioner may by public notice direct that every furnace
in trade or
manufacture
employed or to be employed for the purpose of any trade or manufacture shall
to consume be so constructed, supplemented or altered as to consume its own smoke as
their own
smoke. far as may be practicable.
1949 : LIX] Maharashtra Municipal Corporations Act 371

(2) No person shall after such direction,—

(a) use or permit to be used any furnace employed for the purpose
of any trade or manufacture, which does not, so far as practicable,
consume its own smoke ; or
(b) so negligently use or permit to be used any such furnace as that
it shall not, as far as practicable, consume its own smoke.
(3) Nothing in this rule shall be deemed to apply to a locomotive engine
used for the purpose of traffic upon any railway or for the repair of streets.
(4) Any person who contravenes the provisions of this rule, whether he
be the owner or occupier of the premises in which the furnace is situated or
the agent or some person employed by the owner or occupier for managing
the same, shall be punished with fine which may extend, on a first conviction,
to one hundred rupees and, on a second or subsequent conviction, to a sum
amounting to double the amount of the fine imposed on the last preceding
conviction.
27. (1) Whenever it shall appear to the Commissioner,— Sanitary
regulation of
(a) that any factory, work-shop or work-place, or any building or factories, etc.
place in which steam, water, electrical or mechanical power is employed
or any bakery is not kept in a cleanly state or is not ventilated in such a
manner as to render harmless, as far as practicable, any gas, vapour, soot,
dust or other impurity generated in the course of the work carried on
therein, which is a nuisance or is so overcrowded while work is carried
on as to be dangerous or injurious to the health of the persons employed
therein ; or
(b) that any engine, mill-gearing, hoist or other machinery therein
is so fixed or so insecurely fenced as to be dangerous to life or limb, the
Commissioner may, by written notice, require the owner of such factory,
work-shop, work-place or other building or place or bakery to take such
order for putting and maintaining the same in a cleanly state, or for
ventilating the same, or for preventing the same from being overcrowded
or for preventing danger to life or limb from any engine, mill-gearing,
hoist or other machinery therein, as he shall think fit.
(2) Nothing in this rule shall be deemed to affect any provision of the
Indian Boilers Act, 1923, and nothing in this section which relates to fixing
or fencing of any engine, mill-gearing, hoist or other machinery shall apply
to any factory to which the provisions of the Factories Act, 1948, are
applicable.
28. (1) No person shall, without the written permission of the Prohibition of
Commissioner, use or employed in any factory or any other place, any whistle, use of
steamwhistle
trumpet, siren or horn, worked by steam, compressed air, electricity or other or stream
mechanical means for the purpose of summoning or dismissing workmen or trumpet
without
persons employed. permission of
the
(2) The Commissiner may at any time revoke any permission which he Commissioner.
has given for the use of any such instrument as aforesaid, on giving one month's
notice to the person using the same :
H 610—50
372 Maharashtra Municipal Corporations Act [1949 : LIX

Provided that nothing in sub-rule (2) shall be deemed to require one

month's notice to be given by the Commissioner, if he suspends or revokes
any such permission for any reason specified in sub-section (3) of section 386.
Commissioner 29. (1) If, in any factory, work-shop, work-place or any building or place
may issue
directions for
in which steam, water, electrical or mechanical power is used, nuisance is in
abatement of the opinion of the Commissioner caused by the particular kind of fuel used
nuisance
caused by
or by the noise or vibration created, or in any other manner, he may issue
steam or such directions as he thinks fit for the abatement of the nuisance within a
other power.
reasonable time to be specified for the purpose.

(2) If there has been wilful default in complying with such directions or
if abatement is found impracticable, the Commissioner may—

(a) prohibit the use of the particular kind of fuel; or

(b) prohibit the working of the factory, workshop or work-place

altogether until such directions have been carried out or between the
hours of 6 p.m. and 6 a.m. or during any particular time or times between
such hours.

Prohibition of Corruption of Water by Chemicals, etc.

Power of 30. (a) The Commissioner may, after giving not less than twenty-four
inspection. hours' previous notice in writing to the owner or to the person who has the
management or control of any works, pipes, or conduits connected with any
such manufacture or trade as is referred to in section 376, lay open and
examine the said works, pipes or conduits.

(b) If, upon such examination, it appears that section 314 has been
contravened by reason of anything contained in or proceeding from the said
works, pipes or conduits, the expenses of such laying open and examination,
and of any measure which the Commissioner shall, in his discretion, require
to be adopted for the discontinuance of the cause of such contravention, shall
be paid by the owner of the said works, pipes or conduits, or by the person
who has the management or control thereof or through whose neglect or fault
the said section has been contravened.

(c) If it appears that there has been no contravention of the said section,
the said expenses and compensation for any damage occasioned by the said
laying open and examination shall be paid by the Commissioner.

Power of 31. Whenever it shall appear to the Commissioner that any factory,
Commissioner work-shop, work-place or any building or any place in which steam, water or
to require
owner or mechanical or electrical power is employed or any bakery is or is likely to
occupier of become by reason of the employment of such power or by noise or by any gas,
factory, etc., to
discontinue vapour, smoke, vibration, dust or other impurity generated in the course of
the use of the work carried on in such place or by any other cause, a nuisance or danger
such factory.
to the life, health or property of persons in the neighbourhood he may by
written notice require the owner or occupier of such factory, work-shop,
work-place, building or place or bakery to discontinue the use thereof for any
of the purposes that may be specified in such notice.
1949 : LIX] Maharashtra Municipal Corporations Act 373

32. (1) The Commissioner may, by public notice, prohibit the washing Regulation of
washing of
of clothes by washermen in the exercise of their calling, except at such places clothes by
as he shall appoint for this purpose. washermen
and provision
(2) When any such prohibition has been made, neither the owner of the of washing
premises shall permit the washing of clothes nor any person who is by calling places.
a washerman shall wash clothes at any place not appointed for this purpose
by the Commissioner, except for such person himself or for the owner or
occupier of such place.
(3) The Commissioner shall provide suitable places for the exercise by
washermen of their calling and may require payment of such fees for the use
of any such place as shall from time to time be determined by the
Commissioner, with the approval of the Standing Committee.
Prevention of the spread of dangerous diseases.
33. (1) In the event of any person within the City, other than an inpatient Information
to be given of
in a public hospital, being attacked with a dangerous disease,— the existance
(a) every medical practitioner or person openly and usually of dangerous
disease.
practising the medical profession, who in the course of such practice
becomes cognizant of the fact, and
(b) the occupier of the building in which the person so attacked may
be residing or, if the occupier is himself the person attacked, then every
adult member of the household, and
(c) every person in charge of or in attendance on any person so
attacked,
shall, as soon as he becomes cognizant of the fact, forthwith report the
same, or cause a report thereof to be made to the Medical Officer of Health :
Provided that no person shall be bound to make such report or to cause
such report to be made, if such report has been so made.
(2) The owner or person in whose custody any animal may be which is Information
to be given of
suffering from an infectious or contagious disease shall, as soon as he becomes animal
cognizant of the fact, report the same, or cause a report thereof to be made, suffering from
to the Medical Officer of Health : a contagious
or infectious
Provided that no person shall be bound to make such report or so cause disease.
such report to be made, if such report has been so made.
34. (1) If it shall appear to the Commissioner that the water in any well, Prohibition of
use for
tank or other place is likely to endanger or cause the spread of any dangerous drinking of
disease, he may, by public notice, prohibit the removal or use of the said water. water likely to
cause
(2) No person shall remove or use any water in respect of which any such dangerous
public notice has been issued. disease.

35. (1) The Commissioner or any police officer empowered by him in Power to order
this behalf may, on a certificate signed by the Medical Officer of Health or by removal
hospital.
to

any duly qualified medical practitioner, direct or cause the removal of any
person who is suffering from a dangerous disease and who is, in the opinion
of such Medical Officer of Health or other medical practitioner, without
proper lodging or accommodation, or is lodged in a building occupied by more
than one family, or whose circumstances are such that proper precautions to
prevent the spread of infection cannot be taken or that such precautions are
not being taken, to any hospital or place at which patients suffering from the
said disease are received for medical treatment.
H 610—50a
374 Maharashtra Municipal Corporations Act [1949 : LIX

(2) The person, if any, who has charge of a person in respect of whom an
order is made under sub-rule (1) shall obey such order.
(3) No person who is removed to a hospital or place under sub-rule (1)
shall leave, or be removed from, such hospital or place except with the
permission of the officer in charge thereof.
Power to order 36. (1) Where a magistrate, not being magistrate of the third class, is
detention in
hospital of satisfied, on the application of the Medical Officer of Health that the inmate
infected of a public hospital who is suffering from a dangerous disease would not, on
person
without leaving the hospital, be provided with lodging or accommodation in which
proper lodging proper precautions could be taken to prevent the spread of the disease by
to return to.
him, the magistrate may order him to be detained in the hospital at the cost
of the Corporation.
(2) An order made under sub-section (1) may direct detention for a period
specified in the order, but the magistrate may extend a period so specified as
often as it appears to him to be necessary so to do.
(3) Any person who leaves a hospital contrary to an order under sub-
rule (1) may, in addition to any penalty which may be imposed for such
contravention, be ordered by the Court to be taken back to the hospital.
(4) An order under this rule may be directed, in the case of an order for
a person's detention, to the officer in charge of the hospital and, in the case
of an order made under sub-rule (3), to the Medical officer of Health and the
officer in charge of the hospital or institution, and the Medical Officer of
Health may do or authorise, all acts necessary for giving effect to the order.

Disinfection of 37. If the Commissioner is of opinion that the cleansing or disinfecting

buildings. of a building, or of a part of a building or of any article therein likely to retain
infection, would tend to prevent or check the spread of any dangerous disease,
he may cause such building or part thereof or article therein to be cleansed
or disinfected at the charge of the Municipal Fund and may cause such building
to be vacated for such period as he deems necessary for such purpose :
Provided that, if in the opinion of the Commissioner, the owner or
occupier is able effectually to carry out such cleansing or disinfection, the
Commissioner may cause the said building or part of the building or article
likely to retain infection to be cleansed or disinfected by and at the charge of
the owner or occupier thereof.
Place for 38. (1) The Commissioner may provide a place, with all necessary
disinfection
may be apparatus and attendance, for the disinfection of clothing, bedding or other
provided. articles which have become infected, and in his discretion may have articles
brought to such place for disinfection, disinfected on payment of such fees as
he shall from time to time fix, with the approval of the Standing Committee,
in this behalf or in any case in which he thinks fit, free of charge.
Also for (2) The Commissioner may, from time to time, by public notice appoint
washing
infected a place at which clothing, bedding or other articles which have been exposed
articles. to infection from any dangerous disease may be washed ; and no person shall
wash any such articles at any place not so appointed without having
previously disinfected the same.
1949 : LIX] Maharashtra Municipal Corporations Act 375

39. (1) No person knowing that he is suffering from a dangerous disease Exposure of
persons and
shall expose other persons to the risk of infection by his presence or conduct articles liable
in any street, public place, place of entertainment or assembly, school, club, to convey
dangerous
place of religious worship, hotel, inn, dharmashala, lodging house, eating disease
house, factory, shop, market or other place of public resort. prohibited.

(2) No person having the care of a person whom he knows to be suffering

from a dangerous disease, shall cause or permit that person to expose other
persons to the risk of infection by his presence or conduct in any such place
as aforesaid.
(3) No person shall give, lend, sell, transmit or expose without previous
disinfection any clothing, bedding or rags which he knows to have been
exposed to infection from any such disease, or any other articles which he
knows to have been so exposed and which is liable to carry such infection:
Provided that a person shall not incur any liability under this rule by
transmitting with proper precautions any article for the purpose of having it
disinfected.
(4) No person shall place or cause to be placed in a dustbin or other
receptacle for the deposit of refuse any matter which he knows to have been
exposed to infection from dangerous disease and which has not been
disinfected.
40. No person knowing that he is suffering from a dangerous disease Person
suffering from
shall engage in or carry on any trade, business or occupation which he cannot dangerous
engage in or carry on without risk of spreading the disease. disease not to
carry on
Explanation.—For the purposes of this rule, making, carrying or offering occupation of
for sale or taking part in the business of making, carrying or offering for sale danger.

any article of food or drink for human consumption and any other trade,
business or occupation which may from time to time be specified by public
notice by the Medical Officer of Health shall be deemed to be a trade,
occupation or business in which a person suffering from a dangerous disease
cannot engage in or carry on without risk of spreading the disease.
41. The Commissioner may provide and maintain a suitable conveyance Conveyances
for persons
or suitable conveyances for the free carriage of persons suffering from a suffering from
dangerous disease and, when such provision is made may by public notice a dangerous
disease.
prohibit the conveyance of such persons in all or any public conveyances.
42. (1) No person who knows that he is suffering from a dangerous Provisions as
to use of
disease shall,— public
(a) enter any public conveyance used for the conveyance of persons conveyance by
persons
at separate fares ; or suffering from
dangerous
(b) where no notice has been issued by the Commissioner under rule disease.
41 enter any other public conveyance without previously notifying the
owner or driver thereof that he is so suffering.
(2) No person having the care of a person whom he knows to be suffering
from a dangerous disease shall permit that person to be carried,—
(a) in any public conveyance used for the conveyance of persons at
separate fares ; or
 376 Maharashtra Municipal Corporations Act [1949 : LIX

(b) where no notice has been issued, by the Commissioner under

rule 41, in any other public conveyance without previously informing the
owner or driver thereof that person is so suffering.
(3) A person who contravenes any of the provisions of this rule shall, in
addition to any other penalty to which he may be subject, be ordered by the
Court to pay to any person concerned with the conveyance as owner, driver
or conductor thereof a sum sufficient to cover any loss and expense incurred
by him in connection with the disinfection of the conveyance.
Duty of owner 43. (1) The owner, driver or conductor of public conveyance used for
etc., of public
conveyance in the conveyance of passengers at separate fares, shall not convey therein a
regard to person whom he knows to be suffering from a dangerous disease.
cases of
dangerous (2) The owner or driver of any other public conveyance, notwithstanding
disease.
that no notice has been issued by the Commissioner under rule 41, may refuse
to convey therein any person suffering from a dangerous disease until he has
been paid a sum sufficient to cover any loss and expense which will be incurred
by him in connection with the disinfection of the conveyance.
(3) If a person suffering from a dangerous disease is conveyed in a public
conveyance, the person in charge thereof shall, as soon as practicable and
before permitting any other person to enter the conveyance, cause the
conveyance to be disinfected.
Provision as 44. (1) No person who,—
to the letting
of houses or (a) is concerned in the letting of a house or part of a house, or in
rooms in hotel
after recent showing house or part of a house with a view to its being let; or
case of
dangerous (b) has recently cease to occupy a house or part of a house, shall if
disease. questioned by any person negotiating for the hire of the house, or any
part thereof, as to whether there is, or has been within the preceding
six-weeks, in any part of the house a person suffering from a dangerous
disease, knowingly make a false answer to that question.
(2) No person shall let any house or part of a house in which a person
has to his knowledge been suffering from a dangerous disease without having
the house, and all articles therein liable to retain infection, disinfected to the
satisfaction of the Medical Officer of Health or of some other registered
medical practitioner, as testified by a certificate signed by him.
(3) No owner or manager of a hotel, lodging house, serai or dharmshala,
shall allow a room therein in which any person has to his knowledge been
suffering from a dangerous disease to be occupied by any other person before
the room and all articles therein liable to retain infection have been disinfected
to the satisfaction of the Medical Officer of Health or of some other registered
medical practitioner, as testified by a certificate signed by him.
Child liable to 45. A person having the care of a child who is, or who has been, suffering
convey
dangerous from, or has been exposed to infection of, a dangerous disease, shall not, after
disease may be receiving notice from the Medical Officer of Health that the child is not to be
ordered not to
attend school. sent to school, permit the child to attend school, until he has obtained from
1949 : LIX] Maharashtra Municipal Corporations Act 377

the Medical Officer of Health a certificate, for which no charge shall be made,
that in his opinion the child may attend school without undue risk of
communicating the disease to others.
46. (1) A person shall not send or take to any washerman or to any Infected
clothes not to
laundry or place set apart for the exercise by washermen of their calling or be sent to
to any public water-course, tank or well for the purposes of being washed, or laundry etc.
to any place for the purpose of being cleaned, any article which he knows to
have been exposed to infection from a dangerous disease unless that article
has been disinfected by, or to the satisfaction of, the Medical Officer of Health
or a registered medical practitioner or is sent with proper precautions to a
laundry for the purpose of disinfection, with notice that it has been exposed
to infection.
(2) The occupier of any building in which a person is suffering from a
dangerous disease shall, if required by the Medical Officer of Health, furnish
to him the address of any washerman to whom or any laundry or other place
to which articles from the house have been, or will be, sent during the
continuance of the disease for the purpose of being washed or cleaned.
47. (1) If a case of a dangerous disease occurs in any place then, whether Power to
prohibit home
the person suffering from the disease has been removed from the place or work on
not, the Medical Officer of Health may make an order forbidding any work to premises
where
which this rule applies to be given out to any person living or working in that dangerous
place or in such part thereof as may be specified in the order, and any order disease exist.
so made may be served on the occupier of any factory or other place from
which it is given out, or on any contractor employed by any such occupier.
(2) An order under sub-rule (1) may be expressed to operate for a
specified time or until the place or any part thereof specified in the order
have been disinfected to the satisfaction of the Medical Officer of Health, or
may be expressed to be inoperative so long as any other reasonable
precautions specified in the order are taken.
(3) This rule applies to the making, cleansing, washing, altering,
ornamenting, finishing or repairing of wearing apparel and any work
incidental thereto, and to such other classes of work as may from time to time
by public notice be specified by the Commissioner.
48. (1) A person who knows that he is suffering from a dangerous disease Provisions as
to library
shall not take any book, or cause any book to be taken for his use, or use any books.
book taken, from any public or circulating library.
(2) A person shall not permit any book which has been taken from a
public or circulating library, and is under his control, to be used by any person
whom he knows to be suffering from a dangerous disease.
(3) If a book taken from a public or circulating library is to the knowledge
of the person who has so taken it exposed to infection from a dangerous
disease, he shall not return the book to the library but shall give notice to the
person in charge thereof that it has been so exposed to infection.
(4) On receiving a notice under sub-rule (3) the person in charge of the
library shall cause the book to be disinfected and returned to the library or
shall cause it to be destroyed.
 378 Maharashtra Municipal Corporations Act [1949 : LIX
Person 49. (1) Every person who ceases to occupy a house or part of a house in
ceasing to
occupy house which to his knowledge a person has within six weeks previously been
to disclose to suffering from dangerous disease shall—
owner any
recent case of
dangerous
(a) have the house, or the part of the house, and all articles therein
disease and to liable to retain infection disinfected to the satisfaction of the Medical
disinfect.
Officer of Health or some other registered medical practitioner, as
testified by a certificate signed by him ;
(b) give to the owner of the house or the part of the house, notice of
the previous existence of the disease; and
(c) on being questioned by the owner as to whether within the
preceding six weeks there has been therein any person suffering from
any dangerous disease, give a true and correct answer to such question.
(2) The Medical Officer of Health shall give notice of the provisions of
this rule to the occupier and also to the owner of any house in which he is
aware that there is a person suffering from a dangerous disease.
Avoidance of 50. Every person, having the charge or control of any place in which is
contact with
body of person lying the body of a person who has died while suffering from a dangerous
who suffered disease shall take such steps as may be reasonably practicable to prevent
from dangerous
disease. persons coming unnecessarily into contact with, or proximity to, the body.

Disposal of 51. (1) No person shall, without the written sanction of the Medical
dead bodies in
certain cases. Officer of Health, retain in any place, other than a public mortuary, for more
than twelve hours the body of any person who has died while suffering from
a dangerous disease.
(2) If any such body, not being a body kept in a public mortuary, remains
undisposed of for more than twelve hours without sanction as aforesaid or if
the dead body of any person is retained in any building so as to endanger the
health of the inmates thereof or of an adjoining or neighbouring building, a
magistrate may, on the application of the Commissioner, order the body to
be removed and disposed of within a specified time and, on such order being
made, unless the relatives or friends of the deceased person undertake to,
and do, cause the body to be disposed of within the time specified in the order,
the Commissioner shall cause the body to be disposed of. Any expenses
reasonably incurred by the Commissioner in so doing shall be paid by any
person legally liable to pay the expenses of the disposal of the body unless
the Commissioner waives recovery on the ground of poverty.
Restriction in 52. (1) If any person dies in a hospital or other place appointed for the
certain cases
on removal of
accommodation of the sick, while suffering from a dangerous disease, and the
persons dying Medical Officer of Health or some other registered medical practitioner
in hospital.
certifies that in his opinion it is desirable, in order to prevent the spread of
infection, that the body should not be removed from the hospital or place
except for the purpose of being taken direct to a mortuary or to a place set
apart for the disposal of the dead, it shall not be lawful for any person to remove
the body from the hospital or place except for such a purpose.
1949 : LIX] Maharashtra Municipal Corporations Act 379

(2) In such case as aforesaid, when the body is removed for the purpose
of disposal from the hospital or other place or any mortuary to which it has
been taken, it shall forthwith be taken direct to some place set apart for the
disposal of the dead and there disposed of.

Special measures to check outbreak of dangerous diseases.

53. (1) The special measures to be taken and temporary regulations Special
Measures.
to be made by the Commissioner under section 319 may include any of the
following matters, namely :—
(a) the evacuation of an infected building used as a dwelling or of
any part thereof by the person or persons residing whether habitually
or temporarily therein, provided sufficient accommodation for all persons
affected is available, or is proved elsewhere ;
(b) compulsory vaccination or preventive inoculation of persons
entering, residing in, or leaving specified areas ;
(c) the examination by a medical officer of persons and, if necessary,
the disinfection of the clothing, bedding or other articles suspected of
being infected belonging to persons either arriving from outside a
specified area or residing in any building adjacent to any infected building
in that area, the recording of the addresses of such persons, and the daily
presentation of such persons for medical examination at a specified time
and place, for a period not exceeding ten days ;
(d) the prohibition either generally, or by special order in any
individual case, of assemblages consisting of any number of persons
exceeding fifty, in any place, whether public or private, or in any
circumstances; or for any purpose ;
(e) the closure for a period to be specified of any theatre, cinema-
house or other place of entertainment;
(f) the closure, by a written notice to the authorities in charge of a
school, of such school for such period as is specified in the notice ;
(g) restrictions on the movements of persons exposed to infection
from a dangerous disease or likely to infect other persons with any such
disease ;
(h) restrictions on the export from, or import into, or transport
within a specified area of any goods or articles exposed to, and likely to
retain infection, from a dangerous disease or likely to infect persons with
any such disease, or the destruction of any such goods or articles ;
(i) the examination, unloading and disinfection, if necessary, at any
place within or outside the City, of any consignment of grain or other
foodstuffs, cotton or clothing exported from, or imported into, the City
by road or rail;
(j) closure of all or any existing markets and bazaars and
appointment of special places where markets or bazaars may be held.

H 610—51
380 Maharashtra Municipal Corporations Act [1949 : LIX

(2) When any regulation is in force, requiring compulsory vaccination

or inoculation, any person who, or child or in whose care, is sought to be
vaccinated or inoculated in pursuance of the regulation may declare before a
Magistrate exercising not less than second class powers that he believes that
such vaccination or inoculation will be injurious to his health or the health of
the child, as the case may be, and the magistrate may, after giving notice to
the Medical Officer of Health and after hearing any representation made by
him or on his behalf, exempt such person or child from vaccination or
inoculation on condition that the person aforesaid and the members of his
family submit to isolation of such description and for such period and to such
further restrictions, if any, as may be directed by the magistrate.
(3) The Commissioner may in his discretion give compensation to any
person who sustains substantial loss by the destruction of any property under
any provision of or any regulation made in accordance with this rule, but,
except as allowed by the Commissioner, no claim for compensation shall lie
for any loss or damge caused by the exercise of the powers specified therein.

CHAPTER XV.

MARKETS AND SLAUGHTER-HOUSES.

Provisions 1. (1) The Commissioner may,—

regarding
approaches (a) define or determine the limits of any private market or declare
and environs
of private what portion of such market shall be made part of the existing
markets. approaches, streets, passages and ways to and in such market; and
(b) after hearing the owner or occupier of such market, by written
notice require such owner or occupier to,—
(i) lay out, construct, alter, clear, widen, pave, drain and light,
to the satisfaction of the Commissioner, such approaches, streets,
passages and ways to or in such market;
(ii) provide such conveniences for the use of persons resorting
to such market; and
(iii) provide adequate ventilation and lighting of the market-
building, or any portion thereof, including shops and stalls, as the
Commissioner may think fit.
(2) The Commissioner may, by written notice, require such owner or
occupier to maintain in proper order the approaches, streets, passages and
ways to and in such market and such other conveniences as are provided for
the use of persons resorting thereto.
Provisions for 2. The Commissioner may, by a written notice, require the owner,
requiring
private farmer or occupier of any private market or slaughter-house, to cause,—
market
buildings and (a) the whole or any portion of the floor of the market building,
slaughter- market place or slaughter-house to be raised or paved with dressed stone
houses to be
properly or other suitable material;
paved and
drained.
1949 : LIX] Maharashtra Municipal Corporations Act 381

(b) such drains to be made in or from the market-building, market-

place or slaughter-house, of such material, size and description, at such
level and with such outfall, as to the Commissioner may appear necessary;
(c) a supply of water to be provided for keeping such market-
building, market-place or slaughter-house in a clean and wholesome
state ;
(d) any shop, stall, shed, standing or other structure, in any private
market to be altered or improved, in such manner as the Commissioner
may consider necessary;
(e) any privy, water-closet or urinal or any other sanitary
arrangement to be constructed or made at such site and in such manner
as the Commissioner may deem necessary and expedient; and
(f) any other measures to be taken necessary, in his opinion, in the
interest of public health or sanitation.

CHAPTER XVI.
TRANSPORT UNDERTAKINGS.
Fares and Charges.
1. A printed list of all the fares and charges levied for the time being in Exhibition of
such language or languages as the Corporation may from time to time specify list of fares
and charges.
in this behalf shall be exhibited in a conspicuous place inside each vehicle
used by the Transport Undertaking for the conveyance of the public.
2. The fares and charges shall be paid to such persons, at such places
upon or near the prescribed route of the transport service, and in such manner
and under such regulations, as the Transport Committee shall, by notice to
be annexed to the list of fares, prescribe.

CHAPTER XVII.
VITAL STATISTICS.
Forms of Certificate of Death.
For the purpose of section 369 the Commissioner shall provide printed Forms to be
forms of the certificates of death and any duly qualified medical practitioner provided.
resident in the City shall be supplied, on application, with such forms
free of charge.
CHAPTER XVIII.
ARTICLES FOR KEEPING WHICH AND TRADES AND
OCCUPATION FOR WHICH LICENCES ARE NEEDED.
PART I.
Articles which shall not be kept without a licence
in or upon any premises.
Dynamite
Blasting powder
Fulminate of mercury
Gun-cotton
Nitro-glycerine
Phosphorous
H 610—51a
382 Maharashtra Municipal Corporations Act [1949 : LIX

PART II.

Articles which shall not be kept without a licence, in or upon any premises
in quantities exceeding at any one time the maximum quantities hereunder set
opposite such article respectively :—

Articles. Maximum quantity

which may be kept
at any one time
without a licence.
Bidi leaves .. .. .. 4 cwts.

Camphor .. .. .. 1/2 cwt.

Celluloid .. .. ..
4 cwts.
Celluloid goods .. .. ..

Cinematograph films .. .. .. 20 lbs.

Copra .. .. .. 4 cwts.

Cotton refuse and waste .. .. 4 cwts.

Cotton seed .. .. .. 12 cwts.

Dry leaves (Patravli, etc.) .. .. 4 cwts.

Gun powder .. .. .. 5 lbs.

Matches for lighting .. .. .. 5 gross boxes.

Methylated spirit and Denatured spirit .. 10 gallons.

Paints .. .. .. 5 cwts.

Old paper (waste) including old newspapers,

periodicals, magazines, etc., kept for sale or for 4 cwts.
other than domestic use. .. ..

Petroleum as defined in the Petroleum Act, 1934. 10 gallons.

Oil (other sorts) .. .. .. 20 gallons.

“ Oil-seeds ” other than Cotton seed .. 1 ton.

Sulphur .. .. .. 1/2 cwt.

Tar, pitch, dammer or bitumen .. .. 1/2 cwt.

Turpentine .. .. .. 10 gallons.

Varnish .. .. .. 40 cwts.
1949 : LIX] Maharashtra Municipal Corporations Act 383

PART III.
Articles which shall not be kept without a licence for sale or for other than
domestic use in or upon any premises irrespective of the quantity kept at any
one time or in quantities exceeding at any one time the maximum quantities
hereunder set opposite such article respectively :—

Articles. Maximum quantity, if

any, which may be
kept at any one
time without a licence.

Bamboos .. .. .. 10 cwts.
Bones .. .. ..
Coconut fibre .. .. ..
Charcoal .. .. ..
Coal .. .. ..
Coke .. .. ..
Fat .. .. ..
Firewood .. .. ..
Fireworks .. .. ..
Fish (dried) .. .. .. 10 cwts.
Grass (dry) .. .. ..
Gunny bags .. .. ..
Hair .. .. ..
Hay and fodder .. .. ..
Hemp .. .. ..
Hessian cloth (Gunny bag cloth) . .
Hides (dried) .. .. ..
Hides (raw) .. .. ..
Hoofs .. .. ..
Horns .. .. ..
Khokas or wooden boxes or barrels
(manufacturing and storing) .. ..
Rags .. .. .. 10 cwts.
Skins .. .. ..
Timber .. .. ..
Wood (raw) .. .. .. 3 cwts.
384 Maharashtra Municipal Corporations Act [1949 : LIX

PART IV.
Trades or operations connected with trade which shall
not be carried on in or upon any premises without a licence.
Baking or preparing for human consumption (for other than domestic
use) bread, biscuits or other articles made of flour.
Casting metals.
Condiments manufacturing.
Dyeing cloth or yarn, in indigo or other colour.
Electro-plating.
Keeping of eating-houses.
Keeping of sweetmeat shops except in premises already licensed as an
eating-house.
Keeping of hair dressing saloons or barbers' shops.
Tanning, pressing or packing hides or skins whether raw or dried.
Manufacturing, packing, pressing, cleaning, cleansing, melting or
preparing by any process whatever any of the following articles :—
Aerated water.
Bones.
Bricks or tiles.
Catgut.
Cotton or cotton refuse or cotton seed.
Compressed coal.
Dammer.
Dynamite.
Fat.
Fireworks.
Ice, ice candies, ice fruit or ice cream.
Lime.
Matches for lighting.
Paper.
Rubber goods.
Snuff.
Soap.
Sugar, sugar candy.
Tar.
Vegetable oil.
1949 : LIX] Maharashtra Municipal Corporations Act 385

CHAPTER XIX.
PENALTIES.
1. Whoever,— Certain
offences
(a) contravenes any provision of any of the rules, sub-rules and punishable
clauses mentioned in the first column of the following table or any with fine.
regulation made thereunder ; or
(b) fails to comply with any requisition lawfully made upon him
under any of the said rules, sub-rules or clauses, shall be punished, for
each such offence, with fine which may extend to the amount mentioned
in that behalf in the second column of the said table.
Rule, sub-rule or clause Fine which may
be imposed.
Chapter VIII.
1,2(2), 5, 25 .. .. .. Fifty rupees.
29(1), 29(2) .. .. .. One hundred rupees.
Chapter IX.
2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1),
18, 19(2), 19(3) .. .. .. Fifty rupees.
1(1), 2(1), 5(a), 6, 10, 17(2) .. .. One hundred rupees.
3, 7(1), 7(2), 8, 12, 13, 16, 19(1), 19(4) .. Two hundred rupees.
Chapter X.
3(1), 6, 7, 11(2), 18(2) .. .. .. Fifty rupees.
2(2), 2(3), 8(1), 13, 14 .. .. .. One hundred rupees.
2(1), 3(1), 18(1) .. .. .. Two hundred rupees.
Chapter XI.
288(1) (e), 288(2) .. .. .. Twenty rupees.
Chapter XII.
12(1), 12(2), 12(3) .. .. .. Ten rupees.
8(2), 13 .. .. .. Fifty rupees.
8(1) .. .. .. One hundred rupees.
11 .. .. .. Two hundred rupees.
10 .. .. .. Five hundred rupees.
6(1) .. .. .. One thousand rupees.
Chapter XIV.
1, 2, 13(1), 13(2), 32(2). .. .. .. Twenty rupees.
3, 5(1), 7, 10, 11(1), 11(2), 14, 17, 18(1),
21(1), 24, 28(1), 34(2), 41, 48(1), 48(2),
48(3), 48(4) .. .. .. Fifty rupees.
8, 18(2), 22(1), 23, 33(1), 35(2), 35(3), 36,
38(2), 39 (1), 39(2), 39(4), 40, 44, 45, 46(2),
49(1), 42(1), 42(2), 50, 51(1) .. .. One hundred rupees.
12, 15, 29(1), 34(2), 46(1), 52(1), 52(2) .. Two hundred rupees.
16(1), 16(2), 27(1), 47 .. .. .. Two hundred and fifty
rupees.
20, 29(2), 31, 39(3), 43(1), 43(3), 44(2), 44(3) Five hundred rupees.
25(3) .. .. .. One thousand rupees.
Chapter XV.
1(1) (b), 1(2), 2 .. .. .. Two hundred rupees.
386 Maharashtra Municipal Corporations Act [1949 : LIX
Continuing 2. Whoever, after being convicted of,—
offences.
(a) contravening any provision of any of the rules, sub-rules and
clauses mentioned in the first column of the following table or any
regulation made thereunder ; or
(b) failing to comply with any requisition lawfully made upon him
under any of the said sections, sub-sections, or clauses, continues to
contravene the said provisions or to neglect to comply with the said
requisition, or fails to remove or rectify any work or thing done in
contravention of the said provision, as the case may be, shall be punished,
for each day that he continues so to offend, with fine which may extend
to the amount mentioned in that behalf in the second column of the said
table.
Rule, sub-rule or clause. Daily fine which
may be imposed.
Chapter IX.
2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1) . . Five rupees.
1(1), 2(1), 3, 5(a), 6,10,17(2), 18, 19(2), 19(3) Ten rupees.
12,13 .. .. .. Twenty rupees.
7(1), 7(2), 19(1), 19(4) .. .. .. Fifty rupees.
Chapter X.
7,11(2), 18(2) .. .. .. Five rupees.
6,8(1) .. .. .. Ten rupees.
18(1) .. .. .. Fifty rupees.
ChapterXI.
288(1)(e), 288(2)(b) .. .. .. Five rupees.
Chapter XII.
12(2), 12(3) .. .. .. Five rupees.
8(2), 13 .. .. .. Ten rupees.
8(1) .. .. .. Twenty rupees.
6(1), 10 .. .. .. One hundred rupees.
Chapter XIV.
7, 8, 13(1), 13(2), 21(1), 32(2) .. .. Five rupees.
1, 2, 3, 5 (1), 8, 14,17,18(1), 28(1) . . .. Ten rupees.
11(1), 11(2), 15, 22(1) .. .. .. Fifteen rupees.
12, 16(2), 18(2), 23, 24 .. .. .. Twenty rupees.
29(1), 40, 45, 47 .. .. .. Fifty rupees.
20, 27(1), 29(2), 31 .. .. .. One hundred rupees.
25(3) .. .. .. Five hundred rupees.
Chapter XV.
2 .. .. .. Fifty rupees.
1949 : LIX] Maharashtra Municipal Corporations Act 387

FORMS.
FORM A.
(See Chapter I, rule 9)
Nomination Paper
Name and number of the ward. . .
Name of candidate. .. .. ..
Father's Name, .. .. ..
Husband's .. .. ..
Age .. .. ..
Address .. .. ..
Ward in the election roll of which the
name of the candidate is included. ..
Number of the candidate in the
ward election roll .. .. ..
Community and caste (only to be filled
1
in by [member of a Scheduled Caste]
2
candidate [when election is for the
3
seat reserved for] [members of the
Scheduled Castes]) .. .. ..
Name of the proposer .. .. ..
Number of the proposer in the election
roll of the ward .. .. ..
Signature of the proposer .. ..
Name of the seconder .. .. ..
Number of the seconder in the election
roll of the ward .. .. ..
Signature of the seconder .. ..
Declaration by candidate.
I hereby declare that I agree to this nomination.

Date (Signature of candidate).

(To be filled in by the Commissioner.)
Certificate of Delivery.
Serial No.
This nomination paper was delivered to me at my office at (date and
hour).

(Signature of the Commissioner).

1.
These words were substituted for the word “ Harijan ” by Bom. 53 of 1959, s.2, Sch.
2.
These words were substituted for the words “ when election includes seat reserved for ” by
Mah. 26 of 1967, s. 4(a).
3.
These words were substituted for the word “ Harijans ” by Bom. 53 of 1959, s.2, Sch.
(G.C.P.) H 610—52 (4,765–1-2019)
388 Maharashtra Municipal Corporations Act [1949 : LIX

FORM B.
(See Chapter I, rule 25)
FORM OF BALLOT PAPER.
Form of Front of Ballot Paper.
Counterfoil Outerfoil
Serial No. Front
Ward............................... Name and Symbol of Candidate. Cross.
Name and number of polling
station ...............................
Number of elector on election
roll ....................................
Signature or thumb-impression
of elector ............................
Note.—It is considered important that the whole of the outerfoil of the
ballot paper should be taken up by the cage containing the names and
symbols of candidates and spaces for recording votes.
Back of Outerfoil.
Instructions.
1
[1. You have one vote.]
2. The vote is to be shown by a cross mark (X). Each mark means one
vote.
3. Do not put more than one cross against the name of any one
candidate.
2
* * * * * * *
Serial No.
FORM C.
(See Chapter I, rule 26)
TENDERED VOTES LIST.
Polling Station.
Name of ward Name of Number on Number of Signature or
elector election roll votes thumb
recorded impression of
elector

1.
Entry 1 was substituted for the original by Mah. 26 of 1967, s. 4(b)(i).
2.
Entry 4 was deleted by Mah. 26 of 1967, s. 4(b)(ii).
1949 : LIX] Maharashtra Municipal Corporations Act 389

FORM D.
(See Chapter I, rule 27).
List of Challenged Votes.
Signature Sheet No.
Number Name. Signature of Name
on elector, if literate of
election or thumb- identifier,
roll. impression of if any.
elector, if illiterate.

Order of Presiding Officer (in each case).

FORM E.
( See Chapter I, rule 29).
Certificate entitling a presiding officer, polling officer or polling agent
1
[other public servant] to vote at the polling station
where he is appointed for duty.
A B being duly registered as elector No. on the election roll of
presiding officer
the Ward and being duly appointed for duty as polling officer
polling agent
2
[other public servant]
at polling station is entitled to record his vote at polling station

Dated
Municipal Commissioner for the City of

1
These words were inserted by Mah. 24 of 1979, s. 2(2)(a).
2
These words were inserted by Mah. 24 of 1979, s. 2(2)(b).
H 610—52a
 FORM F. 390
(See Chapter I, rule 31.)
Form of Statement to Accompany Returns of Presiding Officers.
Name of Ward
Name of Polling Station
Account of used ballot papers.
Total Total Total Used for the Tendered Spoilt Balance Number Number
numbers of number number votes of polling ballot ballot that of of ballot
election for of ballot of ballot and presiding papers papers should be unused boxes
the polling papers papers officers and (rule 26). (rule 28). in ballot ballot used.
station as entrusted to used. polling agents box. papers.
shown on presiding entitled to
election roll. officer. Vote at another
polling station
(rule 29).
(1) (2) (3) (4) (5) (6) (7) (8) (9)

Column 1.— Give total of the names on the election roll for your polling station.
Column 2.— Give total number of ballot papers received by you from the Commissioner.
Column 3.— Count the counterfoils of the issued ballot papers and enter that number.
Column 4.— Total of the counterfoils of ballot papers used by the presiding and polling officers and polling agents entitled to vote at
another polling station.
Column 5.— Total of the counterfoils of tendered votes; these counterfoils will be blank; the total in form C must tally with this total.
Column 6.— Total of the counterfoils marked cancelled (rule 28) checked with the total number of spoilt papers with the presiding
officer.
Maharashtra Municipal Corporations Act

Column 7.— Deduct from total in column 3 the sum of the totals in columns 4, 5 and 6.
Column 8.— Count unused ballot papers and enter this total.
[1949 : LIX
1949 : LIX] Maharashtra Municipal Corporations Act 391
1
* * * * *
FORM H.
(See Chapter VIII, rule 42.)
Form of Warrant of Distress or Attachment.
To
(Here insert the name of the officer charged with
the execution of the Warrant).
Whereas A. B., of the , has not paid, or shown sufficient cause to my
satisfaction for the non-payment of, the sum of due for the
tax* mentioned in the margin for the half-year (or quarter) commencing * Here
(or terminating) on the day of 20 ; although describe the
tax.
the said sum has been duly demanded in writing from the said A. B., and fifteen
days have elapsed since the service of the notice of demand;
distrain the moveable property
This is to command you to —————————————— of the said A.B.
attach any property
(or, as the case may be, any moveable property on the premises in respect
of which the said tax is due) to the amount of the said sum of
, and such further sum as may be sufficient to defray the cost of
recovering the said amount; and forthwith to certify to me together
Property attached
with this warrant all particulars of the —————-—————————————
moveable property distrained.

by you thereunder.

Dated this day of 20 .

(Signed)

Municipal Commissioner for

the City of

1
Form G was deleted by Mah. 10 of 2010, s. 42.
392 Maharashtra Municipal Corporations Act [1949 : LIX

FORM I.
(See Chapter VIII, rules 46 and 49.)
To
A.B.
residing at
Take notice that I have this day seized the moveable property specified
in the inventory beneath this, for the sum of due for the tax
* Here mentioned in the margin* for the half-year (or quarter) commencing (or
describe the
tax.
terminating) on the day of 19 ; and that unless you pay into the
municipal office at the amount due, together with the costs of
recovery, within five days from the day of the date of this notice, the moveable
property will be sold.
Dated this day of 19 .
(Signature of the officer executing the warrant.)
Inventory.
(Here state particulars of the moveable property seized.)
1949 : LIX] Maharashtra Municipal Corporations Act 393

GOVERNMENT CENTRAL PRESS, MUMBAI

Maharashtra Government Publication
can be obtained from—
THE DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049
THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759
THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615
THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525
THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS