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 Acts - Minicipal Corporation Acts View HTML Page 
 
Source - Prakash Rao (gentlemumbaite@yahoo.com)    

CHAPTER I

Preliminary

1.   Short title and extent.

This Act may be cited as the '[Mumbai Municipal Corporation] Act.

[It] extends only to [Brihan Mumbai].

2.  Repeal of enactments.

The enactments mentioned in Schedule A are repealed to the extent specified in the third column of the said Schedule:

Provided that—

(a) all rules and by-laws made, all notifications published, all orders issued and all licences and permissions granted under any of the said enactments and still in force shall, so far as they are consistent with this Act, be deemed to have been respectively made, published, issued and granted hereunder; and

(b) all debts and obligations incurred, all contracts entered into and all matt and things engaged to be done, by, with or for the municipal corporation before t Act comes into force shall be deemed to have been incurred, entered into or engaged to be done by, with or for the municipal corporation constituted under this Act; a

(c) all rates, taxes and sums of money due to the corporation when this Act comes into force shall be deemed to be due to the corporation under this Act; and

(d) all suits or other legal proceedings, civil, criminal, instituted or which, might but for the passing of this Act have been instituted by or against the corporation or the Commissioner may be continued or instituted subject to the provisions of section 13 of Schedule R as if this Act has not .been passed; and

(e) all references made in any Act of the *Govemor of Bombay in Council to any of the said enactments shall be read as if made to this Act to the corresponding portion thereof.

Definitions of terms.

In this Act, unless there be something repugnant in the subject or context,—

'[(a) "the city" means the area specified in Part I of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945;

(aa) "extended suburbs" means the area specified in Part IV of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945];

(al) Brihan Mumbai] means the areas specified in Parts I, II and HI of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 ^and on and from the date of commencement of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendments)] Act, 1956, includes the extended suburbs i.e., the area specified in Part IV of this Schedule];

'[specified as the larger urban area in the notification issued in respect thereof under clause (2) of Article 243-Q of the constitution of India ].

(a2) "the suburbs" means the area specified in Parts II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945];

a3) "Backward Class of Citizens" means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;]

(b) "the corporation" means the Municipal Corporation of ^Brihan Mumbai], constituted or deemed to have been constituted under this Act;]

'[(c) "Councillor" means a person duly elected as a member of the Corporatii and includes a nominated Councillor who shall not have the right,—

(i) to vote at any meeting of the Corporation and Committee of 1 Corporation; and

(ii) to get elected as a Mayor of the Corporation or a Chairperson of e of the Committees of the corporation;

'[(cc) "Commission" means the Public Service Commission constituted for State of Bombay under the Constitution of India;]

(d) "the Commissioner" means the Municipal Commissioner for ^Bri Mumbai] appointed under section 54 and includes ^an Additional Munici Commissioner appointed under sub-section (3) of Section 54 and] an act Commissioner appointed under sub-section (3) of Section 59;

(e) "Deputy Commissioner" means a Deputy Municipal Commissio appointed under section 55, ''[and the Deputy Municipal Commissioner (Improveme appointed under section 56A] and includes an acting Deputy Commissioner appoil under sub-section (3) of Section 59 ^and an additional Deputy Munic Commissioner appointed under sub-section (1A) of Section 55];  

(ea) "Director" means the Director (Engineering Services and Projects) appoi under section 54A;]

 

(f) "the Police Commissioner" means the Commissioner of Police ^Br Mumbai];

'[(g) "Education Officer" means the Municipal Education Officer appointed under Section 76A and includes an acting Municipal Education Officer appointed under Section 85];

(h) "election" means an election to fill a seat or seats of a councillor or councillors under this Act];

   

(i) "Assembly constituency" means a constituency provided by law for the purpose of elections to the Maharashtra Legislative Assembly, or any part thereof, which is for the time being comprised in ^Brihan Mumbai],  

(j) "Assembly roll" means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the People Act, 1950];

  

(k) "licensed plumber" and "licensed surveyor" means respectively, a person licensed by the Commissioner for the purposes of this Act as a plumber or surveyor under section 355;  

(ka) "Schedule Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Schedule Castes in relation to the State of Maharashtra under article 341 of the Constitution of India;

(kb) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India;]

(1) " Small Cause Court " means the Court of Small Causes of Bombay;  

(la) "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (1) of article 243-K of the Constitution of India;]  

(m) " owner " when used in reference to any premises, means the person who receives the rent of the said premises, or who would be entitled to recieves the rent thereof if the premises were let, and includes—

(0 an agent or trustee who receives such rent on account of the owner, and

(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes; and

(iii) a receiver, sequestrator, or manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an  owner of the said premises;  

(n) a person is deemed " to reside " in any dwelling which he sometimes uses. or some portion of which he sometimes uses, though, perhaps, not uninterruptedly. as a sleeping apartment;

and a person is 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 thereto;  

(o) the term “public securities” means securities of the [Central Government] and any securities guaranteed by the Central or any State] Government], securities of the Bombay Port Trust, securities issued under this Act and any Bombay Municipal debentures or other securities heretofore issued [and any debentures or other securities issued under the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925];  

 (p) "tax" includes any impost leviable under this Act;

[(pa) "article" in relation to octroi mean", any goods;] 

(q) “vehicle” includes a carriage, cart, van, dray, truck, handcart and wheeled conveyance of any description capable of being used on the streets of the city;  

(r) " land " includes land which is [being built upon or is built] upon or covered with water, '[benefits to arise put of land, things attached to’ the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street];  

(s) " building " includes a house, out-house, stable, shed, hut and every other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatever;

[(sa)  tenement" means a building or a part of a building, other than a temporary building or a part thereof, let or intended to be let or occupied separately;  

(SB) ' temporary building " means any building which is constructed principally of mud, leaves, grass, cloth, thatch, wood, corrugated iron or asbestos cement sheets or such other material and includes a building of whatever size constructed of whatever material which the Commissioner has allowed to be built as a temporary measure;]  

(ff) " eating-house" means any" premises to which the public; are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises ;  

(gg) " premises" includes messuages, buildings and lands of any tenure : whether open or enclosed, whether built on or not and whether public or private:]  

(hh) “ a sweetmeat shop " means any premises or part of any premises used for the manufacture, treatment or storing for sale. or for the sale, wholesale or retail, of any ice cream, confections or sweetmeats whatsoever, for whomsoever intended, and by whatsoever name the-same may be known, and whether the same be for consumption on or outside the premises;]  

*       *        *        *  

"[(ll) " market" includes any place where persons assemble for the sale of or for the purpose of exposing for sale, meat, fish, fruit, vegetables animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person;]  

*[(mm) " the Bombay Electric Supply and Transport Undertaking " means all undertakings acquired, organized, constructed, maintained, extended, managed or conducted by the corporation for the purpose of providing tramways, trackless trams or mechanically propelled transport facilities for the conveyance of the public or for the purpose of supplying electrical energy to the public and includes all movable and immovable property and rights vested or vesting in the corporation for the purposes of every such undertaking;  

(nn) “the General Manager " means the General Manager of the Bombay Electric Supply and Transport Undertaking appointed under section 60A and includes an acting General Manager appointed under section 608.]

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