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(2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have effect from the 14th day of March 1944 and any order made or action taken under the said Act before the commencement of this Act shall be deemed to have been made or taken under the said Act as amended by this Act, and no prosecution, suit or other proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of any such order or action as the case may be.”. 4 These words were substituted for the words “and by-laws” by Bom. 48 of 1950, s. 76(2). 5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 6 The words “Provincial Government” were substituted for the words “ Governor-in-Council ” by the Adaptation of Indian Laws Order in Council. 7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 8 The word “it” was substituted for the word “him” by the Adaptation of Indian Laws Order in Council. 9 These words were substituted for the original by Bom. 48 of 1948, s. 59. 10 These words were inserted by Mah. 53 of 1981, s. 21. 11 These words were substituted for the original by Bom. 48 of 1948, s. 59. 12 These words were inserted by Mah. 53 of 1981, s. 21. 1888 : III] The Mumbai Municipal Corporation Act 401 the cause of action and the name and place of abode of the intending plaintiff and of his attorney or agent if any, for the purpose of suit; nor1 (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— (c) 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; (d) the claim, if it be for damages shall be dismissed if tender of sufficient amount 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) When 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 cost, charges, expenses, compensation for damage or otherwise, may be made, with the 2[previous] sanction of the 3[Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee] from the municipal fund or the 4[Brihan Mumbai Electric Supply and Transport Fund] as the case may be. 5[527A. Savings in respect of certain provisions of Bombay Land Revenue Code, 18796.— Notwithstanding the provisions of sections 48, 65, 66 and 67 of the 7Bombay Land Revenue Code, 1879 (Bom. V of 1879)— (1) the use of any land in the suburbs 8[or extended suburbs] for any purpose to which it may lawfully be put under the provisions of this Act shall not be prohibited in exercise of the powers conferred by or under the said Code; (2) it shall be sufficient for any occupant of land in the suburbs 9[or extended suburbs] 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 the by-laws made thereunder 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 the holding or part thereof for any purpose unconnected with agriculture.] 10[* * * * * *] 1 This word was substituted for the word “or” as the letter was a misprint. 2 The word “previous” was inserted by Bom. 19 of 1930, s. 20. 3 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 203. 4 These words were substituted by Mah. 25 of 1996, s. 25. 5 Section 527A was inserted by Bom. 77 of 1950, s. 33. 6 Now, see Maharashtra Land Revenue Code, 1966. 7 This word was substituted for the word “or” as the letter was a misprint. 8 These words were inserted by Bom. 58 of 1958, s. 26. 9 These words were inserted by Bom. 58 of 1958, s. 26. 10 Section 528 was deleted by Mah. 10 of 1998, s. 248. 402 The Mumbai Municipal Corporation Act [1888 : III SCHEDULE A (See section 2) ENACTMENTS REPEALED No. and year of Act Title or Subject Extent of Repeal Act of the Governor General in Council XLVIII of 1860 An Act to amend Act XIII of 1856. Section 17, as amended by Bombay Act IV of 1882 and clause (16) of section 19. Acts of the Governor of Bombay VI of 1865 An Act for the regulation of public conveyances in the town, suburbs and harbour of Bombay. In section 7, the words “by the Commissioner of Police to the credit of the Municipal Commissioner of Bombay and”. III of 1870 An Act to secure the payment to Government of certain sums of money by the corporation of the Justices of the Peace or the City of Bombay. The whole. III of 1872 The Bombay Municipal Act of 1872. The whole. IV of 1879 The Bombay Municipal Act Amendment and Continuance Act, 1878. The whole. VI of 1878 An Act to remove doubts as to the time when certain portions of the Bombay Municipal Act Amendment and Continuance Act, 1878, were intended to come into force. The whole. I of 1880 The Bombay Municipality’s Consolidated Loan Act, 1880. The whole. II of 1881 An Act to confirm the jurisdiction of Presidency Magistrates in Municipal cases. The whole. VI of 1882 An Act to amend the Bombay Municipal Acts of 1872 and 1878. The whole. II of 1885 An Act to empower the Municipal corporation of the City of Bombay to subscribe to the Guarantee Fund of Bombay International Exhibition and for other purposes. So much as has not already been the repealed. III of 1885 An Act to provide for the occasional appointment of a Deputy Municipal Commissioner for the City of Bombay. The whole. I of 1886 An Act to remove certain doubts in the construction of section 9B of Bombay Municipal Acts of 1872 and 1878. The whole. II of 1886 An Act to enable the Municipal Corporation of the City of Bombay to raise increased revenue from town-duties. The whole. 1888 : III] The Mumbai Municipal Corporation Act 403 SCHEDULE B (See section 24) [Division of the city wards] Deleted by Mah. 8 of 1965, s. 19 SCHEDULE C (See section 110) FORM OF DEBENTURE No. for Rs. By virtue of the 1[Mumbai Municipal Corporation Act], we the Municipal Corporation of 2[Brihan Mumbai], in consideration of the sum of paid to us by A.B. of for the purposes of the said Act promise to pay the said A.B., his heirs, executors, administrators and assigns the said sum of together with interest at the rate of percentum per annum payable half-yearly on the day of and the day of And, by way of security for the said payment, we do hereby grant and asign unto the said A.B., his heirs, executors, administrators and assigns such proportion, of the moneys arising or accuring by virtue of the said Act from (the taxes mortgaged) as the sum aforesaid both or shall bear to the whole sum which is or shall be borrowed on the credit of the said (taxes), to hold to the said A.B., his heirs, executors, administrators and assigns from the day of the date hereof until the sum aforesaid with interest for the same at the rate aforesaid shall be fully paid and satisfied; And it is hereby declared that the said principal sum shall be repaid on the day of 18 at (place of payment). Dated this day of 18 (To be sealed with the common seal of the corporation.) (Signed) Municipal Commissioner on behalf of the Corporation. This debenture has been sealed with the common seal of the Municipal Corporation of 3[Brihan Munibai] 4[in our presence of :— (Signed)