Bare ActsThe Mumbai Municipal Corporation Act.

Section 61

Matters to be provided for by the corporation

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

Matters to be provided for by the corporation.— It shall be incumbent on the corporation to make adequate provision, by any means or measures which it is lawfully competent to them to use or to take, for each of the following matters, namely:— (a) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, urinals and similar conveniences; 11[(aa) planning for economic and social development; (ab) urban forestry, protection of environment and promotion of ecological aspects;] (b) the construction and maintenance of work and means for providing a supply of water for public and private purposes; (c) scavenging and the removal and disposal of excrementitious and other filthy matters, and of all ashes, refuse and rubbish; 1 The words “or employment” were deleted by Mah. 42 of 1977, s. 3(b). 2 The words “or employment” were deleted by Mah. 42 of 1977, s. 3(c). 3 This section was inserted by Mah. 42 of 1976, s. 4. 4 These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 16(a). 5 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 6 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 7 These words were substituted for the words “by the Member in-charge of the Brihan Mumbai Electric Supply Transport Undertaking” by Mah. 27 of 1999, s. 16(b). 8 These words were substituted for the words “by the Member in-charge of the Brihan Mumbai Electric Supply Transport Undertaking” by Mah. 27 of 1999, s. 16(b). 9 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 16(d). 10 Sub-section (2) was deleted by Mah. 32 of 2011, s. 7. 11 These clauses were inserted by Mah. 41 of 1994, s. 35. 108 The Mumbai Municipal Corporation Act [1888 : III (d) the reclamation of unhealth localities, the removal of noxious vegetation and generally the abatement of all nuisances; (e) the regulation of places for the disposal of the dead and the provision of new places for the said purposes; (f) the registration of births and deaths; 1[(ff) public vaccination in accordance with the provisions of the Bombay Vaccination Act, 1877 (l of 1877);] (g) measures for preventing and checking the spread of dangerous diseases; 2[(gg) establishing and maintaining public hospitals and dispensaries and carrying out other measures necessary for public medical relief;] (h) the construction and maintenance of public markets and slaughter-houses and the regulation of all markets and slaughter-houses; (j) the regulation of offensive and dangerous trades; (k) the entertainment of a fire-brigade and the protection of life and property in the case of fire; (l) the securing or removal of dangerous buildings and places; (m) the construction, maintenance, alteration and improvement of public streets, bridges, culverts, causeways and the like 3[and also other measures for ensuing the safe and orderly passage of vehicular and pedestries traffic on streets]; (n) the lighting, watering and cleansing of public streets; (o) the removal of obstructions and projections in or upon streets, bridges and other public places; (p) the naming of streets and the numbering of premises; (q) maintaining, aiding and suitably accommodating schools for primary education 4[subject always to the grant of building grants by 5[the 6[State] Government] in accordance with the Government Grant-in-aid Code for the time being in force]; (r) the maintenance of a municipal office and of all public monuments and other property vesting in the corporation; 7[(s) the obligations imposed by the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), upon the corporation arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925); (t) the improvement of 8[Brihan Mumbai]]. 9[62. Corporation to provide a monthly sum to 10[State] Government for maintaining certain medical institutions in 11[Mumbai].— (1) The corporation shall also provide and pay to 12[the 13[State] 1 Clause (ff) was inserted by Bom. 3 of 1907, s. 9(1). 2 Clause (gg) was inserted by Bom. 3 of 1907, s. 9(1). 3 This portion was added by Mah. 11 of 2002, s. 4. 4 These words were added by Bom. 3 of 1907, s. 9(2). 5 The words “the Provincial Government” were substituted for the word “Govern-ment” by the Adaptation of Indian Laws Order in Council. 6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 7 New clauses (s) and (t) were inserted by Bom. 13 of 1933, s. 10. 8 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch. 9 Sections 62 to 62D were substituted for s. 62 by Bom. 3 of 1907, s. 10. 10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 11 This word was substituted for the word “Bombay” by Mah. 25 of 1996, s. 4(2). 12 The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. 13 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 1888 : III] The Mumbai Municipal Corporation Act 109 Government] on the first day of every month a sum of thirty-four thousand five hundred and forty-one rupees ten annas and eight pies, and in consideration of such monthly payments 1[the 2[State] Government] shall continue to control and maintain the institutions specified in Schedule U. (2) Notwithstanding anything contained in clause (gg) of section 61, the corporation shall by such monthly payments be deemed to have made adequate provision for the maintenance of the said institutions and shall not be liable for any further expenditure in connection therewith. 3[62A. Fees to be charged by the corporation in public hospitals and dispensaries.— In public hospitals and dispensaries established and maintained, and in connection with other measures carried out, under clause (gg) of section 61 such fees, if any may be charged as may be prescribed by the corporation. 4[62B. Extent of benefit to corporation by change in policy of 5[State] Government in regard to their liability, in respect of primary education.— If there should be at any time a change in the general policy of 6[the 7[State] Government] in regard to their liability in respect of primary education, the corporation shall be entitled to benefit by such change in policy to the same extent as a city municipality.] 8[62BB. Directions by State Government regarding subjects etc., in schools.— The State Government shall have power to give to the corporation all such directions as it considers necessary in respect of subjects, curricula, text books and standards of teaching in primary schools vesting wholly or partly in the corporation and in schools wholly or partly maintained by grants payable, from municipal fund and the corporation shall comply with such directions.] 9[62C. Primary schools and schools maintained by grants to be open to officers appointed by 10[State] Government for inspection.— (1) All primary schools vesting wholly or partly in the corporation and all schools wholly or partly maintained by grants payable from the municipal fund shall at all times be open to all officers appointed by 11[the 12[State] Government] for the inspection of schools, and all resonable facilities shall be given to any such officer for visiting any such school for the purpose of inspection or examination. (2) Every recommendation made regarding any such school by any such officer shall be duly considered by the 13[corporation] and the 14[corporation] may there upon take such action as may in their opinion be required and shall, if so requested by the 15[Director of Education], in any particular case, inform him of their decision and the action, if any taken. (3) In all matters connected with grants for the aid of primary schools other than municipal schools the 16[corporation] shall administer aid to schools complying with the necessary conditions in accordance with the provisions of the Government Grant-in-aid Code, subject to such modifications, if any, as may, 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 Sections 62A and 62C came into force on the 1st March 1909, see B.G.G., 1909, pt. I, p. 229. 4 This section was substitued for the original section 62B by Bom. 15 of 1920, s. 20. 5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 6 The words “the Provincial Government” were substituted for the word “ Government” 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 Section 62BB was inserted by Bom. 48 of 1950, s. 30. 9 Sections 62A and 62C came into force on the 1st March 1909, see B.G.G., 1909, pt. I, p. 229. 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 The words “the Provincial Government” were substituted for the word “ Government” by the Adaptation of Indian Laws Order in Council. 13 This word was substituted for the words “school-committee” by Bom. 48 of 1950, s. 31. 14 This word was substituted for the words “school-committee” by Bom. 48 of 1950, s. 31. 15 These words were substituted for the words “Director of Public Instruction for the Presidency of Bombay” by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 16 This word was substituted for the words “school committee” by Bom. 48 of 1950. s. 31. 110 The Mumbai Municipal Corporation Act [1888 : III from time to time be made in the said Code by the Corporation with the previous sanction of 1[the 2[State] Government]. 3[62D. Corporation to provide annual sum for the Prince of Wales Museum of Western India.— The Corporation shall provide and pay the Trustees of the Prince of Wales Museum of Western India at the commencement of each official year a sum of fifty thousand rupees, for the purposes of the said Museum.]] 4[62E. Corporation to provide for maintenance of lunatics.— 5[(1) The corporation shall make payments at such rates per head as 6[the 7[State] Government] from time to time by general or special order, prescribed, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city which 8[the 9[State] Government] declares by notification to be suitable for such purpose, of pauper lunatics not being persons for whose confinement an order under Chapter XXXIV of the 10Code of Criminal Procedure, 1898 (V of 1898), is in force, resident within or under any enactment for the time being in force removed from, the city: Provided that the corporation shall not be liable under this section for the maintenance and treatment of any lunatic in any such asylum, hospital or house as aforesaid, unless such lunatic, previous to his admission thereto, has been resident in the city for at least one year: 11[Provided also that where an application is made to the High Court under the provisions of section 88 of the Indian Lunacy Act, 1912 (IV of 1912), no order for the payment of the cost of maintenance of the lunatic by the corporation shall be made without an opportunity being given to the corporation to show that the lunatic is not pauper and has an estate applicable to his maintenance or that there is a person legally bound, and having the means to maintain him]: Provided further that the rates prescribed by 12[the 13[State] Government] under this section shall not exceed half the total cost of maintenance and treatment incurred per head on account of the lunatics for whose maintenace and treatment the corporation shall be liable under this section. 14[(2) The officer-in-charge of an asylum, hospital or house to which lunatics for whose maintenance and treatment the corporation are liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of such persons detained in asylum, hospital or, house and shall furnish a copy thereof to the corporation.]

Section 61 – The Mumbai Municipal Corporation Act. | DailyLaw.ai