MUMBAI MUNICIPAL CORPORATION ACT, 1888

Bombay Act No. III of 1888

14th September 1888

An Act to consolidate and amend the law relating to the Municipal Government of 1 [Brihan Mumbai]. Whereas it is expedient to consolidate and amend the law relating to the Municipal Government of 2 [Brihan Mumbai]; it is enacted as follows:-- 1. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2, Sch. 2. These words were substituted for the words "Greater Bombay", ibid.

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S.1 Short title and extent

This Act may be cited as 1 [the 2 [Mumbai Municipal Corporation] Act.] 3 [It] extends only to 4 [Brihan Mumbai].

1. These words were substituted for the words and figure "the City of Bombay Municipal Act, 1888" by Bom. 7 of 1950 s. 4(a). 2. These words were substituted for the words "Bombay Municipal Corporation" by Mah. 25 of 1996, s. 2. Sch. 3. This word was substituted for the words "Except as is herein otherwise expressly provided, if" by Mah. 41 of 1994, s. 2. 4. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2, Sch.

S.2 Repeal of enactments

The enactment mentioned in Schedule A are repealed to the extent specified in the third column of the said Schedule: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 matters and things engaged to be done, by, with or for the municipal corporation before this Act come 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; and
• (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 sui
  

S.3 Definitions of terms

In this Act, unless (here be something repugnant in the subject or context,--

• 1 [(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(Bom. XVII of 1945);
• 2 [(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(Bom. XVII of 1945)];
• (a1) "3 [Brihan Mumbai]" means the areas specified in Parts I, II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945(Bom. XVII of 1945) 4 [and on and from the date of commencement of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956(Bom. XVIII of 1956), includes the extended suburbs i.e., the area specified in Part IV of this Schedule];
• (a2) "the suburbs" means the area spec
  

S.4 Municipal Authorities

1 [The Municipal Authorities charged with carrying out the provisions of his Act are--

• (a) a Corporation;
• (b) a standing Committee;
• (c) an Improvements Committee;
• (d) a Brihan Mumbai Electric Supply and Transport Committee;
• (e) an Education Committee;
• (f) a Wards Committee;
• (g) a Mayor;
• (h) a Municipal Commissioner;
• (i) a General Manager of the BrihanMumbai Electric Supply and Transport Undertaking.]

1. Section 4 was substituted by Mah. 27 of 1999, s. 3.

S.5 Composition of Corporation

1 [(1) The Corporation shall consist of,--

• (a) 2 [Two hundred and twenty-seven] councillors directly elected at ward elections; and
• (b) five nominated councillors having special knowledge or experience in Municipal Administration to be nominated by the Corporation in the prescribed manner;

Provided that, nothing in this sub-section shall have effect untill the expiry of the existing terra of the Corporation.

(2) The Corporation shall by the name of "The Municipal Corporation of 3 [Brihan Mumbai]" be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.]

1. Section 5 was substituted by Mah. 41 of 1994, s.5. 2. These words were substituted for the words "Two hundred and twenty-one" by Mah. 8 of 2002 s.2. 3. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2.

S.5A Reservation of seats

1 [(1) Notwithstanding anything contained in cluse (a) of sub-section (1) of section 5 or in section 19, for the purpose of any general election held after the commencement of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994(Mah. XLI of 1994), such number of seats out of the total number of seats to be filled in by direct election, shall be reserved for the members belonging to the Scheduled Castes, Scheduled Tribes, women and the Backward Class of citizens, as provided in sub-sections (2) to (5) both inclusive.

(2) (a) The number of seats to be reserved for the members belonging to the Scheduled Castes 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 in 2 [Brihan Mumbai] bears to the total population of 2 [Brihan Mumbai];

(b) one-third of the total number of seats reserved

S.5B Person contesting election for reserved seats to submit Caste Certificate and Validity Certificate

1 [5B. Person contesting election for reserved seats to submit Caste Certificate and Validity Certificate

Every person desirous of contesting election to a seat 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 with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001).

1. The following Section shall be inserted by Maharashtra Municipal Corporations And Municipal Councils (Amendment) Act, 2006, Section 2.