Section 36

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

Provisions regulating the corporation’s proceedings.— 12[(1)] The corporation shall meet for the despatch of business and shall from time to time make such regulations with respect to the summoning-notice, place, management and adjournment of such meetings, and generally with respect to the mode of transacting and managing the business of the corporation 13[including the submission, asking and answering of questions under section 66A] as they think fit, subject to the following conditions:— 1 Sub-section (1A) was inserted by Bom. 1 of 1946, s. 14, read with Bom. 8 of 1948, s. 4. 2 These words were substituted for the original words by Bom. 5 of 1905, s. 5(2). 3 The words “or after all the persons who were returned as elected at the said election” were deleted by Mah. 8 of 1965, s. 15. 4 This sub-section was inserted by Bom. 54 of 1955, s. 7(2). 5 Sub-section (4) was omitted by Bom. 28 of 1935, s. 3. 6 Section 34 was substituted for the original section by Bom. 28 of 1935, s. 3. 7 These words were substituted for the original words by Bom. 5 of 1905, s. 5(2). 8 This sub-section was substituted by Mah. 8 of 1965, s. 16. 9 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 31. 10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 11 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 12 Section 36 was re-numbered as sub-section (1) of that section by Mah. 32 of 2011, s. 3. 13 These words, figures and letter were inserted by Bom. 23 of 1930, s. 2(b). 82 The Mumbai Municipal Corporation Act [1888 : III 1[(a) there shall be one ordinary meeting in each month; the ordinary meeting in the month of March shall be held not later than on the twentieth day of that month; (b) the first meeting in the month of April, after general elections, shall be held as early as conveniently may be in the said month 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 day 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 the death or resignation of the Mayor or on his ceasing to be a councillor, or of his being incapable of acting, by the Deputy Mayor or in the event of absence of both by the Chairman of the Standing Committee; (d) the Mayor or in any such event as aforesaid, the Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon a written requisition signed by not less than onesixth of the whole number of Councillors call a special meeting;] (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; (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 2[inclusive of the presiding authority, falls short of one-fifth of the whole number of councillors], the presiding 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, 3[whether there is a quorum present] thereat or not; 4[(g) every meeting shall be presided over by the Mayor if he is present at the times appointed for holding the same, and if the office of Mayor is vacant, or if the Mayor is absent, by the Deputy Mayor or if both the Mayor and the Deputy Mayor are absent 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 5[by not less than four members of the standing committee] upon a notice of not less than three 6[clear days and of adjourned meetings] such previous notice shall be given as shall be practicable having regard to the period of the adjournment; (j) 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 7[other than questions under section 66A] and shall be given by the Municipal Secretary by advertisement in the local newspapers 8[* * * *]; (k) any councillor who desires at any meeting to bring forward any business 9[other than any questions under section 66A] 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 1 Clauses (a) to (d) were substituted by Mah. 27 of 1999, s. 5(a). 2 These words were substituted for the words “fall short of twenty-five exclusive of the presiding authority” by Mah. 7 of 1950, s. 8(ii). 3 These words were substituted for the words “whether there be a quorum of twenty-five members present” by Mah. 7 of 1950, s. 8(ii). 4 Clause (g) was substituted by Mah. 27 of 1999, s. 5(b). 5 These words were substituted for the words “by the Mayor” by Mah. 27 of 1999, s. 5(c)(i). 6 These words were substituted for the words “clear days of adjourned meeting” by Mah. 27 of 1999, s. 5(c)(ii). 7 These words, figures and letter were inserted by Bom. 23 of 1950, s. 2(ii). 8 The words “and except in the case of adjourned meetings or of meetings called upon a requisition of urgency, in the Official Gazette” were deleted by Mah. 51 of 1975, s. 3. 9 These words, figures and letter were inserted by Bom. 23 of 1950, s. 2(iii). 1888 : III] The Mumbai Municipal Corporation Act 83 the business or propositions, of which notice has been so given shall be given by the said secretary in not less than one local daily newspaper not later than the day previous to the meeting; 1[(l) 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 (j) and questions asked under section 66A or urgent business not specified in the said notice which the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee, the Education Committee or the Commissioner deem it expedient to bring before the meeting, and no substantive proposition shall be made or discussed which is not specified in the said notice or in the supplementary announcement, if any, published under clause (k) or which is not in support of the recommendation of the Standing Committee, the Improvements Committee, the Brihan Mumbai Electricity Supply and Transport Committee, the Education Committee or the Commissioner, as the case may be, 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-sixth of the whole number of Councillors assent to its being brought forward thereat; (m) 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 2[which the standing committee proposes to impose] 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 (j) or in the supplementary announcement, if any, published under clause (k), or unless, in the case of an adjourned meeting, each of the condition mentioned in the proviso to clause (n) has been fulfilled; 3[(ma) notwithstanding anything contained in clauses (l) and (m), the Commissioner may, at any time, either on his own behalf or on behalf of any Committee hereinbefore mentioned, intimate, at least one day in advance, to the Mayor, or in the circumstances stated in clause (c), to the Deputy Mayor and in his absence to the Chairman of the Standing Committee, that he or the Committee concerned would bring urgent business relating to a matter specified in such intimation, which requires immediate consideration by the Corporation at a meeting to be held on a specified date. When such intimation is given, at the said meeting, the said business shall have priority over any other business in the order of priority specified by the Commissioner in his intimation, and no subsequent business shall be taken for consideration unless the said business is transacted and decision thereon is taken at that meeting;] (n) any meeting may, with the consent of a majority of the councillors present be adjourned from time to time, 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 and 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 (m), 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 took place; (ii) that the adjournment has been for not less than 4[two] clear days; and 1 Clause (l) was inserted by Mah. 27 of 1999, s. 5(d). 2 These words were substituted for the words “proposed to be imposed” by Mah. 10 of 1999, s. 5(e). 3 Clause (ma) was inserted by Mah. 27 of 1999, s. 5(f). 4 This word was substituted for the word “three” by Bom. 76 of 1948, s. 2. 84 The Mumbai Municipal Corporation Act [1888 : III (iii) that a special announcement of the proposition has been given by the Municipal Secretary (who shall be bound to give such announcement) in not less than one local daily newspaper not later than the day previous to the adjourned meeting; (o) 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, 1[be 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; 2[or any meeting held soon thereafter, after confirmation by the Corporation of such 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 3[a fee of fifty naye paise or such other amount as may be fixed by the Corporation but not exceeding two rupees]; (p) a councillor shall not vote or take part in the discussion of any matters before a meeting 4[or ask any question under section 66A concerning any matter] in which he has, directly or indirectly by himself or by his partner, any share or interest such as is described in clauses (g) to (l), both inclusive, of section 16, or in which he is professionally interested on behalf of a client, principal or other person; 5[(q) every question other than the question whether the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee, the Education Committee or the 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, the presiding authority having a second or casting vote when there is an equality of votes: Provided that, the Councillors referred to in clause (b) of sub-section (1) of section 5 shall not have the right to vote in any meeting of the Corporation;] (r) 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; (s) 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 propositions shall be recorded in the minute-book; 6[(t) the Commissioner or where the Commissioner is unable to attend owing to absence or illness or for any other reasonable cause, an officer not below the rank of the Deputy Commissioner, shall have the same right of being present at a meeting of the Corporation and of taking part in the discussions there at as a Councillor, and with the permission of the Mayor, may at any time make a statement or explanation of facts, but he shall not be at liberty to vote upon or to make any proposition at such meeting. Where the Commissioner, or any such officer desires to make a statement or explanation of facts at a meeting and the permission as aforesaid is not given, the Commissioner or any such officer shall be entitled to lay a copy thereof on the Table of the House. But when required by the corporation or the Mayor, the Commissioner shall himself attend the meeting of the corporation, unless he is prevented from doing so on account of absence, illness or any other reasonable cause;] 7[(u) 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.] 1 These words were substituted for the words “be drawn up and fairly entered” by Mah. 1 of 1964, s. 2(a). 2 These words were inserted by Mah. 1 of 1964, s. 2(b). 3 These words were substituted for the words “a fee of eight annas” by Mah. 1 of 1964, s. 2(c). 4 These words, figures and letter were inserted by Bom. 23 of 1930, s. 2(v). 5 Clause (q) was inserted by Mah. 27 of 1999, s. 5(j). 6 Clauses (t) was substituted for the original by Mah. 32 of 2011, s. 3(a). 7 Clause (u) was added by Mah. 27 of 1999, s. 5(h). 1888 : III] The Mumbai Municipal Corporation Act 85 1[(2) 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.] 2[36A. Power to order withdrawal of member.— (1) The 3[presiding authority] shall preserve order and may direct any councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting of the corporation. Any councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting. If any councillor is ordered to withdraw a second time within 15 days, the 4[presiding authority] may suspend the councillor from attending the meetings of the corporation for any period not exceeding 15 days and the councillor so directed shall absent himself accordingly: Provided that the 5[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 serving on any committee. (2) The 6[presiding authority] may, in the case of grave disorder arising in the meeting, suspend the meeting for a period not exceeding three days.] 7[37. Mayor and Deputy Mayor.— 8[(1) The Corporation shall, subject to the provisions of sub-section (2), at its first meeting after the general elections, elect from amongst the Councillors one of its number to be the Mayor and another to be Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years: Provided that, the term of the Mayor and the Deputy Mayor in office on the date of coming into force of the Maharashtra Municipal Corporations (Amendment) Act, 2000 (Mah. XXV of 2000) shall be extended to, and be co-terminus with, the term of the 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) 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. 9[(2A) 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 with 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)]: 10[Provided that, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing of the nomination papers, but who has not received the Validity 1 Sub-section (2) was added by Mah. 32 of 2011, s. 3(b). 2 New section 36A was inserted by Bom. 10 of 1928, s. 6. 3 The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). 4 The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). 5 The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). 6 The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). 7 Section 37 was substituted by Mah. 27 of 1999, s. 6. 8 Sub-section (1) was substituted by Mah. 25 of 2000, s. 2. 9 Sub-section (2A) was inserted by Mah. 7 of 2009, s. 2. 10 These provisos were substituted by Mah. 49 of 2025, s. 3. 86 The Mumbai Municipal Corporation Act [1888 : III Certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,— (i) a true copy of the application submitted 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 the Validity Certificate issued by the Scrutiny Committee, within a period of six months from the date on which he is declared elected : Provided further that, if such person fails to produce the Validity Certificate within a period of six months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being the Mayor.] (3) 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. (4) Notwithstanding anything contained in sub-section (1), on the date of commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999 (Mah. XXVII of 1999), the term of office of the Mayor, who is in office on the said date, shall be deemed to have come to an end and he shall have vacated his office on the said date. The Mayor in office having so vacated his office, the first meeting for the purpose of election of the new Mayor, after the said date, shall be held by the Commissioner, within a period of seven days from the said date and all other provisions of this Act relating to such election shall, mutatis mutandis, apply: Provided that, the Mayor in office immediately before the said date shall continue till the new Mayor enter the office. (5) A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office. (6) 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 anytime by notice in writing to the Corporation. (7) If any casual vacancy occurs in the office of the Mayor or the Deputy Mayor, the Corporation shall as soon as conveninently 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.] 1[(8) The Mayor or the Deputy Mayor may be removed from the office 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 eligble 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.] 2[37IA. Leader of Opposition.— (1) An elected Councillor who is, for the time being, the leader of the party in opposition, having great 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 any one of the leaders of such parties as a Leader of the Opposition for the purposes of this Act and such recognition shall be final and conclusive. (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.] 1 Sub-section (8) was added by Mah. 32 of 2011, s. 4. 2 Section 37IA was substituted for sections 37IA to 37IE by Mah. 27 of 1999, s. 7. 1888 : III] The Mumbai Municipal Corporation Act 87 1[37IA-I. Leader of the House.— (1) An elected Councillor who is, for the time being, the Leader 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.] 2[Honoraria, Fees and Allowances