Amendment status not verified — confirm the current text below against the official source.
Power of State Government to issue directions to Corporation in emergency arising out of scarcity of water.— (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, if the State Government is of opinion that because of acute scarcity of water, it is necessary or expedient so to do, for securing the maintenance or equitable distribution of water supply available from any Municipal water works or any other water works, for drinking and other domestic use of the inhabitants receiving such water supply it may, by order published in the Official Gazette, and in such other manner as the State Government thinks fit, direct the Corporation or any other person in charge of the water works to regulate or prohibit the supply of water, from any such Municipal water works or any other water works to such undertakings or class of undertakings receiving such water supply, on such day or days, or during such times in any day or days and during such period or periods, as may be specified in the order. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide,— (a) that any undertaking, or any section thereof, shall not take water on any day or days, or during the time, or times in any day or days, or during the period or periods, specified in the order; (b) for the exemption of any undertakings or any sections thereof, from the provisions of the order, regard being had to the nature of the undertakings, such as, undertakings engaged for the purposes of the defence of the country or undertaking engaged in work-which for technical reasons must be carried out continuously or cannot be interrupted; (c) for any incidential or consequential or supplementary matters (including provision for entry upon, and the inspection of, any premises) which the State Government thinks necessary or expedient to give effect to the purposes aforesaid. Explanation.— In this section, “undertaking” means any undertaking by way of industry, trade or business or building construction. (3) (a) If any person fails to comply with, or contravenes, any of the provisions of any order made under this section, he shall be guilty of an offence and, without prejudice to any other penalties to which he may be liable under this Act or any other law for the time being in force, he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine not exceeding rupees one thousand, or with both. (b) Where an offence under this section has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible, to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 1 The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. 2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 3 The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. 4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 5 The heading and section 520A were inserted by Mah. 32 of 1966, s. 7. 1888 : III] The Mumbai Municipal Corporation Act 397 Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent such offence. (c) Notwithstanding anything contained in this sub-section, where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this sub-section,— (i) “company” means any body corporate, and includes a firm or other association of individuals; and (ii) “director” in relation to a firm means a partner in the firm. (4) No suit or prosecution or other legal proceedings shall lie against any person for anything in good faith done in pursuance of the provisions of this section; and no suit or other legal proceedings shall lie against the Government or any local authority, for any damage caused or likely to be caused by anything in good faith done in pursuance of the provisions of this section.] 1[520B. Power of State Government to suspend or rescind any resolution or order, etc. of Corporation or other authority in certain cases.— (1) If the State Government is of opinion that the execution of any resolution or order of the corporation or any other authority or that the doing of any act which is about to be done or is being done by or on behalf of the Corporation by such authority is in contravention of or in excess of the powers conferred by or under this Act or any other law for the time being in force, or is likely to lead to abuse or misuse of, or to cause waste, of municipal fund against the interests of the public; 2[or is likely to be against the financial interests of the corporation or against larger public interest] the State Government may by order in writing, suspend the execution of such resolution or order or prohibit the doing of any such act, for such period or periods as it may specify therein. A copy of such order shall be sent forthwith by the State Government to the Corporation and to the Commissioner or the General Manager. (2) On receipt of a copy of the order as aforesaid, the Corporation or Commissioner or General Manager may, if it or he thinks fit, make a representation to the State Government against the said order. (3) The State Government may, after considering any representation received from the Corporation or Commissioner or General Manager and where no such representation is received within a period of thirty days, either cancel, modify or confirm the order made by it under sub-section (1) or take such other action in respect of the matter as may in its opinion be just or expedient, having regard to all the circumstances of the case. Where any order made under sub-section (1) is confirmed, the State Government may direct that the resolution or order of the Corporation or its authority in respect of which the suspension order was made under sub-section (1), shall be deemed to be rescinded. (4) Where any order is made by the State Government under sub-section (3), it shall be the duty of every Councilor and the Corporation and any other authority or officer concerned to comply with such order.] 3[520C. Power of State Government to issue instructions or directions.— Notwithstanding anything contained in this Act, the State Government may issue to the Corporation general instructions as to matters of policy to be followed by the Corporation in respect of its duties and functions, and in particular it may issue directions in the larger public interest or for implementation of the policies of the Central Government or the State Government and the National or the State level programmes, projects and schemes. Upon the issue of such instructions or directions, it shall be the duty of the Corporation to give effect to such instructions or directions: Provided that, the State Government shall, before issuing any instructions or directions under this section, give an opportunity to the Corporation to make representation within fifteen days as to why such instructions or directions shall not be issued. If the Corporation fails to represent within fifteen days or, 1 The section 520B was inserted by Mah. 4 of 1973, s. 5. 2 These words were inserted by Mah. 32 of 2011, s. 15. 3 Section 520C was substituted by Mah. 9 of 2011, s. 3. 398 The Mumbai Municipal Corporation Act [1888 : III after having represented, the State Government, on considering the representation, is of the opinion that issuing of such instructions or directions is necessary, the State Government may issue the same.] 1[520CC. Removal of doubt.— For the removal of doubt it is hereby declared that, notwithstanding anything contained in this Act as amended by the Mumbai Municipal Corporation (Amendment) Act, 1998 (Mah. X of 1998) and the Mumbai Municipal Corporation (Second Amendment) Act, 1998 (Mah. 13 of 1998), the Corporation 2[* * * *] shall not, at any time be competent to pass any resolution or take any action or to do anything which may result in or have the effect of, giving independent status to or separation of the City of Mumbai from the State of Maharashtra. Any such resolution, moved or action initiated or anything done or proposed to be done which would result in or have the effect of, such separation shall be illegal and void-ab-initio.] 3[520D. Power to dissolve Corporation.— If, in the opinion of the State Government,— (a) the Corporation is not competent to perform the duties assigned to it by or under this Act or any other law for the time being in force; or (b) the Corporation persistently makes default in the performance of such duties, or in complying with the lawful directions or orders issued by the State Government or any other authority empowered under any law for the time being in force, to issue such directions or orders, to the Corporation; or (c) the Corporation exceeds or abuses its powers; or (d) a situation has arisen in which the administration of the Corporation cannot be carried out in accordance with the provisions of this Act; or (e) the financial position and the credit of the Corporation is seriously threatened, the State Government may, after giving the Corporation a reasonable opportunity of being heard, by an order published in the Official Gazette, stating the reasons therefor, dissolve the Corporation.