Bare ActsThe Mumbai Municipal Corporation Act.

Section 124

Preparation of annual administration report and statement of accounts

Amendment status not verified — confirm the current text below against the official source.

Preparation of annual administration report and statement of accounts.— (1) 7[8[The Commissioner] shall, as soon as may be, after each first day of April but not later than 9[thirty-first day of July]] have prepared a detailed report of the municipal administration of 10[Brihan Mumbai] 11[other than the administration of the 12[Brihan Mumbai Electric Supply and Transport Undertaking]] during the previous official year, together with a statement showing the amounts of the receipts and disbursement respectively 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. 13[(2) The Commissioner shall incorporate with his said report and statement— (a) a report for the same period from each head of a department subordinate to him; (b) the account of balance due on loans then last published under section 105; and shall cause the same to be printed. (3) After examination and review of the said printed report and statement by the Standing Committee, there shall be added to the compilation printed copies of such of the appendices attached to the reports of the several heads of departments, if any, as the Standing Committee direct and a printed copy of the Standing Committee’s review; and a copy of the complete compilation shall be forwarded to the usual or last known local place of abode of each Councillor at least eight days previous to the ordinary meeting of the Corporation in the next following month of January and copies thereof shall be delivered to any person requiring the same, on payment of such reasonable fee for each copy as the Commissioner, with the previous approval of the Standing Committee, shall determine.] 1 These words were added by Bom. 34 of 1954, s. 6. 2 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 54. 3 The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. 4 The word “half” was omitted by Bom. 5 of 1938, s. 17. 5 Section 123C was inserted by Bom. 48 of 1950, s. 54. 6 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 55. 7 These words were substituted for the words “The Commissioner shall, as soon as may be, after each first day of April” by Mah. 10 of 1998, s. 70(a). 8 These words were substituted for the words “The Member-in-charge” by Mah. 27 of 1999, s. 56(a). 9 These words were substituted for the words “thirtieth day of November” by Mah. 14 of 2008, s. 2. 10 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 11 These words were inserted by Bom. 48 of 1948, s. 26. 12 These words were substituted for the “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, Schedule. 13 Sub-sections (2) and (3) were substituted by Mah. 27 of 1999, s. 56(b). 172 The Mumbai Municipal Corporation Act [1888 : III Annual Budget Estimate 1[125. Estimate of expenditure and income to be prepared annually by the 2[Commissioner].— 3[The Commissioner] shall on or before each 4[fifth day of February,] have prepared and lay before 5[the Standing Committee, in such form as the said Committee] shall from time to time approve, (1) (a) an estimate of the expenditure which must or should, in his opinion be incurred by the corporation in the next ensuing Official Year, other than— 6[* * * * * *] (ii) expenditure to be incurred by reason of the obligations imposed on the corporation arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925) 7[or for any of the purposes of Chapter XII-A]; and (iii) expenditure to be incurred on account of the 8[Brihan Mumbai Electric Supply and Transport Undertaking]; 9[(iv) expenditure to be incurred for the purposes of clause (q) of section 61;] 10[(v) expenditure to be incurred for the purposes of Chapters IX and X;] (b) an estimate of the balances, if any (other than balances) shown in the 11[accounts maintained under sections 12[123A 13[* *] and 123C] ] which will be available for re-appropriation or expenditure at the commencement of the next ensuing official year; (c) an estimate of the corporation’s receipts and income for the next ensuing official year other than from taxation 14[and from the 15[Brihan Mumbai Electric Supply and Transport Undertaking] and other than that referred to 16[* * *] in clause (c) of sub-section (2) 17[and in clause (d) of section 126C] 18[and in section 126E]; 19[(cc) an estimate of the amount due to be transferred during the next ensuing official year to the municipal fund under the provisions of sections 460KK and 460LL;] (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 ensuing official year; 20[* * * * * *] (2) (a) an estimate of the expenditure which must or should, in his opinion, be incurred by the corporation in the next ensuing official year by reason of the obligations imposed upon the corporation 1 Section 125 was substituted for the original by Bom. 13 of 1933, s. 31. 2 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 57(c). 3 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 57(a). 4 These words were substituted for the words “first day of March” by Mah. 21 of 1939, s. 21. 5 These words were substituted for the words “the Mayor-in-Council, in such form as the said Council” by Mah. 27 of 1999, s. 57(b). 6 Paragraph (i) was deleted by Mah. 1 of 1964, s. 5(a)(i). 7 These words were inserted by Bom. 34 of 1954, s. 7(1). 8 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 9 Sub-clause (iv) was inserted by Bom. 48 of 1950, s. 55(1). 10 Sub-clause (v) was inserted by Mah. 34 of 1973, s. 11(a). 11 This portion was substituted for the portion “account maintained under section 123A” by Bom. 7 of 1950, s. 15(1)(b). 12 These figures, word and letters were substituted for the figures, word and letters “123A and 123B” by Bom. 48 of 1950, s. 55 (2). 13 The figures and letters “123-B, 123-BB” were deleted by Mah. 1 of 1964, s. 5(a)(ii). 14 These words were inserted by Bom. 48 of 1948, s. 27. 15 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 16 The portion “in clause (c) of sub-section (1A) and” was deleted by Mah. 1 of 1964, s. 5(a)(iii). 17 This portion was inserted by Bom. 48 of 1950, s. 55(5). 18 This portion was inserted by Mah. 34 of 1973, s. 11(b). 19 This clause was inserted by Bom. 48 of 1948, s. 27. 20 Clause (1A) was deleted by Mah. 1 of 1964, s. 5(b). 1888 : III] The Mumbai Municipal Corporation Act 173 arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925) 1[or for any of the purposes of Chapter XII-A]; (b) an estimate of all balances, if any in the account maintained under section 122A, which will be available for re-appropriation or expenditure at the commencement of the next ensuing official year; (c) an estimate of the corporation’s receipts and income for the next ensuing official year— (i) arising from sales, leases and other dispositions of immovable property vesting in the corporation by reason of the enactment of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933) 2[or acquired by the Corporation for any of the purposes of Chapter XII-A]; and (ii) being payments of interest on and repayments in whole or part of the capital of loans granted by the corporation and secured on the aforesaid immovable property; (d) an estimate of three times the amount of the net estimated realisations of the corporation in the then current financial year under the head of general tax (including arrears and payments in advance) divided by the rate fixed for general tax for the then current financial year; 3[* * * * * *] 4[Provided further that, with effect from the financial year 1974-75, this sub-clause shall have effect as if for the words “three-times” the word “twice” was substituted;] 5[(e) an estimate of the Corporation’s receipts and income, other than receipts and income referred to in other clauses of this sub-section arising from or relating to, transaction connected with the obligations imposed upon the Corporation by the transfer to the Corporation of the powers, duties, assets and liabilities of the said Board of Trustees or with the exercise of the powers and duties conferred or imposed upon the Corporation by Chapter XII-A including grants from the State Government.] 6[125A. Classification of budget heads.— The expenditure side of a budget estimate shall be classified under 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.] 7[126. Budget estimates to be prepared by the 8[Standing Committee].— (1) The 9[Standing Committee] shall, on or as soon as may be after each] 10[fifth day of February] consider the estimates and proposal of the 11[Commissioner] and after having obtained from the 12[Commissioner] such further detailed information, if any as they shall think fit to require, and having regard to all the requirements of 1 These words, figures and letter were inserted by Bom. 34 of 1954, s. 7(2)(a). 2 These words, figures and letter were inserted by Bom. 34 of 1954, s. 7(2)(b). 3 This proviso was deleted by Mah. 10 of 1998, s. 71(c). 4 This proviso was deemed always to have been added with effect from 1st day of April 1974 by Mah. 70 of 1975, s. 7(b). 5 Sub-clause (e) was substituted for the original by Bom. 34 of 1953, s. 7(2)(c). 6 This section was inserted by Bom. 5 of 1938, s. 18. 7 Section 126 was substituted for the original section by Bom. 13 of 1933, s. 32. 8 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58(b). 9 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 58(a). 10 These words were substituted for the words “first day of March” by Mah. 21 of 1989, s. 22(a). 11 This word was substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58(b). 12 This word was substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58(b). 174 The Mumbai Municipal Corporation Act [1888 : III this Act, shall frame therefrom subject to such modifications and additions therein or thereto as they shall think fit, 1[two budget estimates] as follows:— 2[(a) Budget Estimate “A”— of the income and expenditure other than— 3[* * * * * *] (ii) income and expenditure to be received or incurred by reason of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)4 [or for any of the other purposes of Chapter XX-A]; 5[* *] (iii) income and expenditure in respect of the 6[Brihan Mumbai Electric Supply and Transport Undertaking;] 7[(iv) income and expenditure for, or in connection with, the purposes of clause (q) of section 61;] 8[(v) income and expenditure for, or in connection with, the purposes of Chapters IX and X;] (b) Budget Estimate “B” of the income and expenditure of the corporation for the next official year to be received and incurred by reason of the transfer to the corporation of the said powers, duties, assets and liabilities 9[or for any of the other purposes of Chapter XII-A]; 10[* * * * * *] (2) In budget estimate “A” the 11[Standing Committee] shall— (a) propose with reference to the provisions of Chapter VIII, the levy of municipal taxes at such rates 12[* * *] as they shall think fit; (b) 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 other than sums and instalments as aforesaid (i) for which the corporation but for the enactment of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), would not have been liable and (ii) for which the corporation may be liable, in carrying out the duties imposed upon them by clause (i) of section 61 13[and (iii) for which the corporation may be liable by reason of the acquisition, extension, administration, operation and maintenance of the 14[Brihan Mumbai Electric Supply and Transport Undertaking ];] 15[* * * * * *] 16[(v) for which the corporation may be liable by reason of the construction of school buildings;] 1 These words were substituted for the words “for budget estimates” by Mah. 1 of 1964, s. 6(a)(i). 2 Clause (a) was substituted for the original by Bom. 7 of 1950, s. 16(1)(b). 3 Sub-clause (i) was deleted by Mah. 1 of 1964, s. 6(a)(ii). 4 These words were inserted by Bom. 34 of 1954, s. 8(1). 5 The word “and” was deleted by Bom. 48 of 1950, s. 56(1). 6 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 7 Paragraph (iv) was inserted by Bom. 48 of 1950, s. 56(1). 8 Paragraph (v) was inserted by Mah. 34 of 1973, s. 12. 9 These words were inserted by Bom. 34 of 1954, s. 8(2). 10 Clauses (b1) and (b2) were deleted by Mah. 1 of 1964, s. 6(a)(iii). 11 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 58(a). 12 The words “and, in the case of octroi on such articles” were deleted by Mah. 42 of 2017, s. 3, w.e.f. 1st July 2017. 13 This portion was added by Bom. 4 of 1948, s. 28. 14 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 15 Sub-clause (iv) was deleted by Mah. 1 of 1964, s. 6(b)(i). 16 This portion was added by Bom. 48 of 1950, s. 56(2). 1888 : III] The Mumbai Municipal Corporation Act 175 (c) allow for an appropriation to budget estimates “B” of the sum estimated, revised as they shall think proper, under clause (d) of sub-section (2) of section 125; 1[* * * * * * *] 2[(c-2) allow for appropriation to budget estimate “E” of the sum estimated revised as they shall think proper, under clause (c) of section 126C 3[and such additional sum estimated under clause (c-1) of that section and revised, as they shall think proper ];] (d) allow for a cash balance at the end of the said year of not less than one lakh of rupees. (3) In budget estimate “B” the 4[Standing Committee] shall, if necessary, make proposals to meet any deficit in such budget estimate by borrowing: Provided that the 5[Standing Committee] shall not make any proposal to borrow for that purpose a sum of more than twenty lakhs of rupees. 6[* * * * * * *] (4) The 7[Commissioner] shall cause the budget estimates, finally approved by the 8[Standing Committee], 9[to be printed or corrected, and shall not later than the 10[first day of March], forward a printed or corrected copy] thereof to the usual or last known local place of abode of each councillor. 11[126A. Estimates of expenditure and income of the 12[Brihan Mumbai Electric Supply and Transport Undertaking] to be prepared annually by 13[General Manager].— 14[The General Manager shall, on or before each tenth day of October have prepared and lay before the Brihan Mumbai Electric Supply and Transport Committee, in such form as the Committee shall from time to time, approve]— (a) an estimate, classified in accordance with section 125A, of the expenditure which must or should, in his opinion, be incurred by the corporation in the next ensuing official year on account of the 15[Brihan Mumbai Electric Supply and Transport Undertaking]; (b) an estimate of all balances, if any, which will be available for re-appropriation 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 460KK and 460LL; and (c) an estimate of the corporation’s receipts and income from the 16[Brihan Mumbai Electric Supply and Transport Undertaking] for the next ensuing official year.

Section 124 – The Mumbai Municipal Corporation Act. | DailyLaw.ai