Bare ActsThe Mumbai Municipal Corporation Act.

Section 37A

Honoraria, fees or allowances

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

Honoraria, fees or allowances.— (1) With the previous sanction of the State Government, the Corporation may pay 3[Mayor and Deputy Mayor], each councillor such honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section: 4[Provided that the non-councillor members of the Education Committee shall be paid a fee of rupees one hundred per diem in lieu of honorarium and sitting allowance and the maximum of such fees shall not exceed rupees four hundred per month.] 5[(2) The Corporation shall place at the disposal of the Mayor 6[* * *] annually, such amount as sumptuary allowance, as the State Government may, from time to time, by an order dertermine.] (3) Notwithstanding anything contained in section 16, the receipt by a councillor of any honorarium, fee or allowance as aforesaid shall not disqualify any person for being elected or being a councillor.] 7[37B. [Deleted]]. Committees 8[38. Appointment of consultative committees for special purposes.— The corporation may from time to time appoint 9[as laid down by the regulations made in this behalf] out of their own body such and so many committees consisting of such number of persons, and may refer to such committees 1 This section was inserted by Mah. 11 of 2002, s. 3. 2 This heading and section 37A were inserted by Bom. 13 of 1958, s. 2. 3 These words were substituted for the words “the Chairperson of the Corporation, the Deputy Chairperson, the Mayor, the Deputy Mayor, the members of the Mayor-in-Council” by Mah. 27 of 1999, s. 8(a)(i). 4 This proviso was inserted by Mah. 27 of 1999, s. 8(a)(ii). 5 Sub-section (2) was substituted by Mah. 21 of 1989, s. 4. 6 The words “the Chairperson of the Corporation and the Deputy Chairperson” were deleted by Mah. 27 of 1999, s. 8(b). 7 Section 37B was deleted by Mah. 27 of 1999, s. 9. 8 Section 26 of Mah. 21 of 1992 reads as under :— “26. Reconstitution of Committees.— Where, by virtue of the amendments made to the relevant municipal law whereby the number of members on various committees of the Municipal Corporation or, as the case may be, the Municipal Council has been increased, arrangements shall, as soon as may be practicable, be made to reconstitute the committees with the increased number of its members, and notwithstanding anything contained in the relevant municipal law,— (a) the term of office of the members who come to hold office as such members against the increased number of members on the committee shall expire with the expiry of term of office of the members holding-office as such member on the committee on the date of its reconstitution as aforesaid; (b) no act or proceeding of any committee shall be deemed to be invalid at any time merely on the ground that no members against the increased seats were available to take office during the period from the date of commencement of this Act and ending on the date of reconstitution of the committee; and (c) the validity of such act or proceeding shall not be questioned in any court or before any authority or officer merely on the ground aforesaid. Explanation.— The expression “relevant municipal law”,— (a) in relation to the Municipal Corporation of Greater Bombay means, the Bombay Municipal Corporation Act (Bom. III of 1888); (b) in relation to the Corporation of the City of Nagpur means, the City of Nagpur Corporation Act, 1948 (C. P. and Berar II of 1950); (c) in relation to the Municipal Corporation of any other City means, the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949); (d) in relation to a Municipal Council means, the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965).” 9 These words were inserted by Mah. 10 of 1998, s. 13. 88 The Mumbai Municipal Corporation Act [1888 : III for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as they shall think fit. 1[38A. Special committees of the Corporation.— (1) The Corporation may, from time to time, appoint, out of their own body, special committees including the Women and Child Welfare Committee and may by specific resolution carried by a vote of at least two-thirds of the members of the Corporation present at the meeting delegate any of their powers and duties to such committees, and may also by a like resolution define the sphere of business of each special committee so appointed, and direct that all matters and questions included in any such sphere shall, in the first instance, be placed before the appropriate committee and shall be submitted to the Corporation with such committee’s recommendation. (1A) On the Women and Child Welfare Committee not less than seventy-five per cent. of the members shall be from amongst women Councillors. Explanation.— For the purpose of computing the number of members at seventy-five per cent., fraction, if any, shall be rounded off to one. (2) Every special committee shall conform to any instructions that may, from time to time, be given to them by the corporation. (3) The Corporation may, at any time, dissolve or subject to any rules made by them in this behalf alter the constitution of any special committee. (4) Every special committee shall appoint two of their members to be their Chairperson and Deputy Chairperperson: Provided that, no member shall, at the same time, be the Chairman of more than one special committee: Provided further that, the Chairperson and the Deputy Chairperson on the Women and Child Welfare Committee shall be from amongst the Women Councillor members thereof. (5) In the absence of the Chairperson or Deputy Chairperson, the members of the special committee present, shall choose one of their members to preside over their meeting. (6) All the proceedings of every special committee shall be subject to confirmation by the corporation: Provided that, any special committee may by a resolution supported by at least one-half of the whole number of members of the committee direct that action be taken in accordance with the decision of such committee without waiting for confirmation of their proceedings by the Corporation, if the committee considers that serious inconvenience would result from delay in taking such action; but if the Corporation do not confirm the proceedings of the special committee, such steps shall be taken to carry out any orders passed by the Corporation as may still be practicable: Provided further that, if, in delegating any of their powers or duties to a special committee under sub-section (1), the Corporation direct that the decision of the special committee shall be final, then so much of the proceedings of the special committee as relate to such powers or duties shall not be subject to confirmation by the Corporation if such decision is supported by at least one-half of the whole number of members of the committee. (7) The Corporation may make rules for regulating the constitution of special committees and the conduct of business at meetings of such committees, and for the keeping of minutes and the submission of reports.

Section 37A – The Mumbai Municipal Corporation Act. | DailyLaw.ai