Amendment status not verified — confirm the current text below against the official source.
Corporation may require the 2[Commissioner] to produce documents and furnish returns, reports, etc.— (1) The corporation may at any time require the 3[Commissioner]— (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as 4[Commissioner], or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal government of 5[Brihan Mumbai] 6[except in regard to 7[the Brihan Mumbai Electric Supply and Transport Undertaking];] (c) to furnish a report by himself or to obtain from any head of a department subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the Municipal Government of 8[Brihan Mumbai] 9[except in regard to the 10[Brihan Mumbai Electric Supply and Transport Undertaking]]. (2) 11[Except as is hereinafter provided, every] such requisition shall be complied with by the 12[Commissioner] without unreasonable delay; and it shall be incumbent on every municipal officer and servant to obey any order made by the Commissioner in pursuance of any such requisition. (3) Provided that if, on such requisition as aforesaid being made, the 13[Commissioner] shall declare that immediate compliance therewith would be prejudicial to the interests of the corporation or of the public, it shall be lawful for him to defer such compliance until a time not later than the second ordinary meeting of the corporation after he shall have declared as aforesaid. If at such meeting or any meeting subsequent thereto, the corporation shall repeat the requisition, and it shall then still appear to the 14[Commissioner] inexpedient to comply therewith, he shall make a declaration to that effect, whereon it shall be lawful for the corporation 15[to elect one councillor, who with the Mayor and the Chairman of the Standing Committee (or, if the Mayor is also Chairman of the Standing Committee, with the Mayor and one member of their own body elected by the Standing Committee) shall form a Committee] who shall engage to keep secret save as thereinafter provided, the existence and purport of such documents and matter as may be disclosed to them; and to the said committee the 16[Commissioner] shall be bound to make known and to disclose all writings and matters within his knowledge, under his control, or 1 Section 65 was substituted for the original by Mah. 10 of 1998, s. 25. 2 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 3 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 4 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 5 This word was substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 6 These words were added by Bom. 48 of 1948, s. 9. 7 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 8 This word was substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 9 These words were added by Bom. 48 of 1948, s. 9. 10 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 11 These words were substituted for the word “Every” by Mah. 27 of 1999, s. 19(b). 12 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 13 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a) 14 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 15 This portion was substituted for the portion begining with the words “to form a Committee” and ending with the words “one Councillor chosen by the Corporation” by Mah. 27 of 1999, s. 19(c). 16 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 116 The Mumbai Municipal Corporation Act [1888 : III available to him, and embraced within the requisition ; and the said committee having taken cognizance of the information, writings and matters so laid before them shall determine, by a majority in case of difference, whether or not the whole or any part, and which part, if any of such matters ought to be disclosed to the Corporation or kept secret for a defined time, which decision shall be conclusive and shall be reported to the Corporation at the next ordinary meeting thereof, where also the 1[Commissioner] shall be prepared to produce documents and to make any report or statement requisite to give effect to the decision of the Committee when called on to do so by the Corporation. 2[(4) The heads of departments subordinate to the 3[Commissioner] are the City Engineer, the Hydraulic Engineer, the Executive Health Officer, the Assessor and Collector, the Chief Accountant and the Education Officer.] 4[(5) In their application to matters relating to the 5[Brihan Mumbai Electric Supply and Transport Undertaking] the provisions of sub-sections (1), (2) and (3) shall have effect as if for the word 6[Commissioner] the words “General Manager” and for the words “Standing Committee” the words “7[Brihan Mumbai Electric Supply and Transport Committee]” had been substituted.] 8[66A. Right to ask questions.— (1) Subject to any regulations made in this behalf under section 36, a councillor may question the 9[Commissioner] who shall answer any question concerning or connected with the administration of this Act or the Municipal Government of 10[Brihan Mumbai]: Provided that— (a) not less than seven clear days’ notice in writing specifying the question has been given to the Municipal Secretary; (b) no question shall be asked— (i) which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical propositions; or (ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of 11[the territory of India]; or (iii) which relates to the character or conduct of any Municipal Officer or servant except in his official or public capacity; or (iv) which is or by implication may be, defamatory of or which makes or implies a charge of a personal character against any person or section of any community; or (v) which contravenes any regulation made by the Corporation in this behalf under section 36. (2) The 12[Mayor] shall disallow any question which is, in his opinion, in contravention to the provisions of sub-section (1). (3) If any doubt arises whether any question is or is not within the restrictions imposed by sub-section (1), the 13[Mayor] shall decide the point and his decision shall be final. 1 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 2 This sub-section was substituted for the original by Bom. 48 of 1950, s. 34. 3 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 4 This sub-section was added by Bom. 48 of 1948, s. 9. 5 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 6 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 7 These words were substituted for the words “Bombay Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2, Schedule. 8 Section 66A was inserted by Bom. 23 of 1930, s. 3. 9 This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). 10 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 11 These words were substituted for the words “His Majesty’s possession” by the Adaptation of Laws Order, 1950. 12 This word was substituted for the words “Mayor or any member of the Mayor-in-Council” by Mah. 27 of 1999, s. 20(a). 13 This word was substituted for the words “Chairperson of the Corporation” by Mah. 27 of 1999, s. 20(c). 1888 : III] The Mumbai Municipal Corporation Act 117 (4) The 1[Mayor] shall not be bound to answer a question if in his opinion it cannot be answered without detriment to the interests of the Corporation or if, it asks for information which has been communicated to him in confidence.] 2[(5) The General Manager shall without unreasonable delay furnish the 3[Commissioner] with such information relating to the 4[Brihan Mumbai Electric Supply and Transport Undertaking] as he may require for the purpose of answering any question under this section.] 5[66B. Discussion on urgent public matters.— (1) Any Councillor may give notice of raising discussion on a matter of urgent public importance to the Municipal Secretary specifying the matter to be raised. (2) Such notice supported by the signatures of at least two other elected Councillors shall reach the Secretary at least seventy-two hours before the date on which such discussion is sought and the Secretary shall place before the 6[Mayor in his absence, the Deputy Mayor] authorised by him and circulate the same among the Councillors in such manner, as he may think fit. (3) There shall be no formal resolution or voting.