Amendment status not verified — confirm the current text below against the official source.
Mode of excecuting contracts.— (1) Every contract entered into by the Commissioner on behalf of the corporation shall be entered into in such manner and in form as would bind the Commissioner if such contracts were on his own behalf, and may in the like manner and form be varied or discharged: Provided that— (a) where any such contract, if entered into by the Commissioner, would require to be under seal, the same shall be sealed with the common seal of the corporation; and (b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding 8[fifty thousand rupees] shall be in writing and shall be sealed with the common seal of the corporation 9[in the manner prescribed in sub-section (2)] and shall specify the work to be done or the materials or goods to be supplied, as the case may be, the price to be paid for such work, materials or goods, and in the case of a contract for work, the time or times within which the same or specified portions thereof shall be completed. 10[(1A) Notwithstanding anything contained in the proviso (b) to sub-section (1) it shall be lawful for the Commissioner in case of contracts relating to the execution of any work or the supply of any materials or goods to dispense, by an order in writing, with the execution of a written instrument if such work has already been performed or the materials or goods have already been supplied to his satisfaction.] 11[(2) The common seal of the corporation which shall remain in the custody of the Municipal Secretary, shall be affixed in the presence of 12[any two persons from amongst any two members of the Standing Committee, Municipal Secretary and any officer, not below the rank of Deputy Municipal Commissioner, as may be authorised by the Commissioner] to every contract or other instrument 13[other than contract relating to the acquisition of immovable property or interest therein or a right thereto, 1 This proviso was inserted by Mah. 32 of 2011, s. 9(c). 2 These words were substituted for the words “provided that” by Mah. 32 of 2011, s. 9(d)(i). 3 These words were substituted for the words “one crore rupees” by Mah. 32 of 2011, s. 9(d)(ii). 4 These words and figures were substituted for the words “Provided further that” by Mah. 32 of 2011, s. 9(e)(i). 5 This Explanation was added by Mah. 32 of 2011, s. 9(e)(ii). 6 Clause (d) was deleted by Mah. 37 of 1981, s. 4(b). 7 These words were substituted by Bom. 13 of 1933, s. 12(b). 8 These words were substituted for the words “ten thousand rupees” by Mah. 10 of 1998, s. 33(a). 9 These words, figure and brackets were inserted by Bom. 10 of 1935, s. 2(1). 10 Sub-section (1A) was inserted by Bom. 12 of`1936, s. 4. 11 Sub-section (2) was substituted for the original sub-section by Bom. 13 of 1933, s. 13. 12 These words were substituted for the words “two members of the standing committee” by Mah. 32 of 2011, s. 10(a). 13 These words were substituted for the words “other than a contract relating to the acquisition of immovable property or interest therein or right thereto” by Bom. 10 of 1935, s. 2(2). 120 The Mumbai Municipal Corporation Act [1888 : III require to be under seal] and such contract or instrument shall be signed by 1[the said two persons] in token that the same was sealed in 2[their] presence. 3[The signature of 4[the said two persons]] shall be distinct from the signatures of any witnesses to the execution of any such contract or insturment:] 5[Provided that, in the case of any contract entered into for the purposes of clause (q) of section 61, the seal shall be so affixed in the presence of, and the contract shall be signed by, two members of the Education Committee 6[* * * * *].]