Bare ActsThe Mumbai Municipal Corporation Act.

Section 5

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

(1) Save as provided in section 349E of the Bombay Municipal Corporation Act any notification, notice, order, scheme, permit, licence, permission, rule, by-law, or form made, issued or granted under the Bombay District Municipal Act, 1901 (Bom. LXI of 1901), the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925), the Bombay Local Boards Act, 1923 (Bom. VI of 1923), the Bombay Village Panchayats Act, 1933 (Bom. VI of 1933), and the Bombay Primary Education Act, 1947 (Bom. LXI of 1947) before the appointed date shall, in so far as it is not inconsistent with the provisions of the 1 Schedule FF was added by Bom. 7 of 1950, s. 34. 2 The provision contained in the Schedule for regulating the matters relating to or arising in consequence of the extension of the limits subject to the authority of the municipal authorities constituted under the said Act and other matters relevant thereto shall be in operation as if enacted in the body of the Bombay Municipal Corporation Act. 3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 4 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 5 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 6 These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 7 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 524 The Mumbai Municipal Corporation Act [1888 : III Bombay Municipal Corporation Act or the City of Bombay Primary Education Act, 1920 (Bom. XV of 1920), as the case may be, shall continue in force until it is superseded by any notification, notice, order, scheme, permit, licence, permission, rule, by-law or form made, issued or granted under the Bombay Municipal Corporation Act or the City of Bombay Primary Education Act, 1920 (Bom. XV of 1920), as the case may be. (2) All assessments, valuations, measurements and divisions made under the Bombay District Municipal Act, 1901 (Bom. III of 1901), the Bombay Municipal Boroughs Act, 1925 (Bom XII of 1925), the Bombay Local Boards Act, 1923 (Bom. VI of 1923), the Bombay Village Sanitation Act, 1889 (Bom. I of 1889), or the Bombay Village Panchayats Act, 1933 (Bom. VI of 1933), shall, in so far as they are consistent with the provisions of the Bombay Municipal Corporation Act, be deemed to be made under that Act. (3) Subject to the provisions of sub-paragraphs (4) to (9) (both inclusive) all officers and servants in the employ of any local authority in the suburbs other than the District Local Board of the Bombay Suburban District and the District School Board of the Bombay Suburban District immediately before the appointed date, shall be officers and servants employed by the Corporation under the Bombay Municipal Corporation Act, and shall be entitled to terms of service not less favourable than those which they had immediately before the appointed date in the service of the respective local authorities. (4) It shall be competent for the Corporation or the Commissioner to employ the said officer or servant in any capacity which, in the opinion of the Corporation or the Commissioner, is suitable, having regard to the qualifications, experience and previous emoluments of the said officer or servant irrespective of the nature of the post held by the said officer or servant before the appointed date. (5) The service rendered by such officers and servants before the appointed date shall be deemed to be service rendered in the service of the Corporation. (6) It shall be competent to the Commissioner in the case of officer and servants whose monthly salary, exclusive of allowances, immediately before the appointed date was not more than five hundred rupees, or to the Corporation in the case of other officers and servants, to discontinue the services of any officer or servant who in his, or their opinion is not necessary or suitable to the requirements of the municipal service, after given such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose service are so discontinued shall be entitled to such leave, pension or gratuity as he would have been entitled to take or receive on being invalidated out of service if the limits of the area subject to the authority of the Corporation and other municipal authorities had not been extended over the suburbs. (7) It shall be competent to the corporation to appoint the Chief Officers of the District Local Board of the Bombay Suburban District, the Bandra Borough Municipality, the Kurla Borough Municipality, the Parle-Andheri Borough Municipality and the Ghatkopar-Kirol Borough Municipality, or any one or more of such Chief Officers, with effect from the appointed date, to any appointments under the corporation for which they are in the opinion of the corporation qualified: Provided that, unless a Chief Officer is so appointed he shall be given such leave, pension or gratuity as he would have received had he been invalidated out of the service of the local authority concerned if the limits of the area subject to the authority of the corporation and other municipal authorities had not been extended over the suburbs. (8) The State Government may by order specify which officer or servant or class of officers or servants in the employ of the District Local Board of the Bombay Suburban District or the District School Board of the Bombay Suburban District immediately before the appointed date shall be taken over in the employ of the corporation, the District Local Board of the Thana District and the District School Board of the Thana District. On the issue of such order, the corporation, the District Local Board of the Thana District and the District School Board of the Thana District shall comply with such order and the provisions of sub-paragraphs (3) to (6) shall apply mutatis mutandis to such officers and servants. (9) If any such officer or servant is aggrieved by any order passed by the corporation, the District Local Board of the Thana District or the District School Board of the Thana District, to the service of 1888 : III] The Mumbai Municipal Corporation Act 525 which such officer or servant is transferred under this paragraph, such officer or servant may appeal to the State Government.

Section 5 – The Mumbai Municipal Corporation Act. | DailyLaw.ai