The Maharashtra Municipal Corporations Act.

Maharashtra · state statute

Open in Lexace · Ask the AI about this act

1949 : LIX] The Municipal 1
THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT
[Text as on 2nd May 2025]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Specification of larger urban areas and constitution of Corporations.
3A. [Deleted].
CHAPTER II
CONSTITUTION
Municipal Authorities
4. Municipal authorities charged with execution of the Act.
5. Constitution of Corporation.
5A. Reservation of seats.
5B. Person contesting election for reserved seat to submit caste certificate and validity
certificate.
6. Duration of Corporation.
6A. Term of office of Councillors.
6B. Election to constitute a Corporation.
7. Resignation of office by Councillor.
7-A1. [Deleted].
Municipal Election Roll
7A. Preparation of municipal election roll.
7AA. [Deleted].
7AAA. [Deleted].
7B. Enrolment in municipal election roll.
Qualifications and disqualifications of voters and councillors
8. Persons qualified to vote.
8A. Manner of voting.
9. Qualification for election as councillor.
2 The Maharashtra Municipal Corporations Act [1949 : LIX
10. Disqualification for being a councillor.
11. Disabilities from continuing as Councillor.
12. Questions as to disqualification to be determined by the Judge.
13. Liability of Councillor to removal from office.
Election of Councillors
14. State Election Commission.
14A. Power of State Election Commissioner to issue directions to prevent impersonation.
15. Casual vacancies how to be filled.
16. Election petitions.
17. [Deleted].
18. Procedure if election fails or is set aside.
19. Mayor and Deputy Mayor.
19-IA. Leader of House.
19-IAA. Leader of Opposition.
Honoraria, fees and allowances
19A. Honoraria, fees or allowances.
Standing Committee
20. Constitution of Standing Committee.
21. Appointment of Chairman of Standing Committee.
22. Member of Standing Committee absenting himself from meetings to vacate seat.
23. Casual vacancies in Standing Committee how to be filled.
24. Standing Committee may delegate powers to Special Committee or Sub-Committee.
The Transport Committee
25. Appointment of Transport Committee.
26. Disqualification of members of Transport Committee.
27. Chairman of Transport Committee.
28. Conveyance charges for attendance at meetings of Transport Committee.
29. Sub-committees of Transport Committee.
Wards Committees
29A. Constitution of Wards Committees.
Special and Ad hoc Committees
30. Special Committees of the Corporation.
31. Appointment of Ad hoc Committees.
1949 : LIX] The Maharashtra Municipal Corporations Act 3
31A. Appointment by nomination on Committees to be by proportional representation.
Joint Committees
32. Joint transactions with other local authorities.
Provisions regarding validity of proceedings
33. Vacancy in Corporation, etc., not to invalidate its proceedings.
34. Proceedings of Corporation, etc., not vitiated by disqualification, etc., of members thereof.
35. Proceedings of meetings to be good and valid until contrary is proved.
35A. Exercise of powers and discharge of duties of any Committee by Corporation.
35B. Removal of Chairman and Deputy Chairman of Committees.
The Municipal Commissioner
36. Appointment of the Commissioner.
37. Salary of Commissioner.
38. Grant of leave of absence to Commissioner and leave allowance.
39. Appointment and remuneration of acting Commissioner.
39A. Appointment of Additional Municipal Commissioners.
Transport Manager
40. Appointment of Transport Manager.
41. Leave of Transport Manager.
Disqualifications of the Commissioner
42. Commissioner not to be interested in any contract with Corporation.
CHAPTER III
PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE,
TRANSPORT COMMITTEE AND OTHER BODIES
43. Proceedings of the Corporation, Standing Committee, etc.
44. Right to ask questions.
CHAPTER IV
MUNICIPAL OFFICERS AND SERVANTS—THEIR APPOINTMENT AND
CONDITIONS OF SERVICE
City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy
Municipal Commissioner and Assistant Municipal Commissioner
45. Appointment of City Engineer, etc.
45A. Appointment of Municipal Chief Auditor.
45B. Power of State Government to notify post to be filled in by deputation.
46. Powers and duties of City Engineer and Medical Officer of Health.
47. Powers and duties of Municipal Chief Auditor.
4 The Maharashtra Municipal Corporations Act [1949 : LIX
48. Powers and duties of Municipal Secretary.
49. Powers and duties of Deputy or Assistant Municipal Commissioner.
50. Conditions of service of statutory officers of Corporation.
Other Officers and Servants
51. Number, designations, grades, etc., of other municipal officers and servants.
52. Restriction on employment of permanent officers and servants.
53. Power of appointment in whom to vest.
54. Manner of making appointment.
55. Saving in respect of officers and servants appointed under Chapter XX.
Imposition of penalties
56. Imposition of penalties on municipal officers and servants.
Leave of absence, acting appointments, etc.
57. Leave of absence.
58. Acting appointments.
Disqualification of municipal officers and servants.
59. Disqualification of municipal officers and servants.
59A. Sanction for prosecution of officers and servants of Corporation.
60. Occupation of and liability to vacate premises provided by Corp oration for municipal
officers and servants.
CHAPTER IV-A
DISCLOSURE OF SPECIFIED INFORMATION
60A. Disclosure of specified information.
CHAPTER V
ESSENTIAL SERVICES
61. Members of essential services not to resign, etc., without permission.
62. Power of State Government to declare emergency.
CHAPTER VI
DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES AND OFFICERS
Obligatory and Discretionary Duties of the Corporation
63. Matters to be provided for by the Corporation.
64. Corporation to provide for anti-rabic treatment.
65. Corporation to provide for maintenance of lunatics and lepers.
66. Matters which may be provided for by Corporation and its discretion.
66A. Performance of functions by agencies.
1949 : LIX] The Maharashtra Municipal Corporations Act 5
Respective functions of the several Municipal Authorities
67. Functions of the several municipal authorities.
67A. Environment Status Report.
68. Commissioner to exercise powers and perform duties of Corporation under other laws.
69. Municipal officers may be empowered to exercise certain powers, etc., of the
Commissioner or the Transport Manager.
70. Corporation may call for extracts from proceedings, etc., from the Standing
Committee, etc.
71. Corporation may require Commissioner to produce documen ts and furnish returns,
reports, etc.
72. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure.
Prevention of delay in discharge of official duties
72A. Citizens’ Charter.
72B. Delegation of powers.
72C. Disciplinary action.
72D. Non-application of provisions of 72C in certain circumstances.
CHAPTER VII
CONTRACTS
73. Power to Commissioner to execute contracts on behalf of Corporation.
74. Mode of executing contracts.
75. Contracts relating to Transport Undertaking.
CHAPTER VIII
MUNICIPAL PROPERTY
Acquisition of Property
76. Power of Corporation as to acquisition of property.
77. Acquisition of immovable property.
78. Procedure when immovable property cannot be acquired by agreement.
Disposal of Property
79. Provisions governing the disposal of municipal property.
80. Decision of claims to property by or against the Corporation.
81. Power of Corporation to enforce covenants against owner for the time being of land.
CHAPTER VIII-A
POWER TO EVICT PERSONS FROM CORPORATION PREMISES
81A. Definitions.
81B. Power to evict persons from Corporation premises.
6 The Maharashtra Municipal Corporations Act [1949 : LIX
81C. Power to recover rent or damages as arrears of property tax.
81D. Rent to be recovered by deduction from salary or wages in case of Corporation employees.
81E. Commissioner to have powers of Civil Court.
81F. Appeals.
81G. Finality of orders.
81H. Bar of jurisdiction.
81I. Power to make regulations.
81J. Penalty for obstructing lawful exercise of power under this Chapter.
CHAPTER IX
THE MUNICIPAL FUND AND OTHER FUNDS
The Municipal Fund
82. Constitution of Municipal Fund.
82A. Annual grant by State Government from proceeds of land revenue, non -agricultural
assessment and entertainments duty.
83. Commissioner to receive payments on account of Municipal Fund and to lodge them in a
bank.
84. How the Fund shall be drawn against.
85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when
convenient.
86. Restrictions on expenditure from Municipal Fund.
87. Procedure when money not covered by budget-grant is expended under clause (e), (f), (g)
or (h) of sub-section (2) of section 86.
88. Purpose for which Municipal Fund is to be applied.
89. Municipal Fund where to be expended.
90. Temporary payments from Municipal Fund for works urgently required for public services.
Special Funds
91. Constitution of Special Funds.
91A. Establishment of Consolidated Water Supply and Sewerage Disposal Loan Fund.
91B. Establishment of Water and Sewage Fund.
Disposal of Balances
92. Investment of surplus moneys.
Accounts
93. Accounts to be kept in forms prescribed by Standing Committee.
94. Preparation of annual administration report and statement of accounts.

1949 : LIX] The Maharashtra Municipal Corporations Act 7
Annual Budget Estimates
95. Estimates of income and expenditure to be prepared annually by Commissioner.
95A. Report on services provided in a subsidised manner.
96. Budget estimates to be prepared by Standing Committee.
97. Estimates of expenditure and income of the Transport Undertaking to be prepared annually
by Transport Manager.
98. Budget Estimate “B” to be prepared by Transport Committee.
99. Fixing of rates of taxes.
99A. [Deleted].
99B. [Deleted].
99C. [Deleted].
99D. [Deleted].
100. Final adoption of budget estimates.
100A. Estimates of income and expenditure deemed to be budget estimates.
101. Corporation may increase amount of budget grants and make additional grants.
102. Provisions as to unexpended budget grants.
103. Reductions or transfers.
104. Readjustment of income and expenditure to be made by the Corporation during course of
official year whenever necessary.
Scrutiny and Audit of Accounts
105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the
Standing Committee.
106. Report by the Chief Auditor.
107. Application of sections 105 and 106 to accounts of Transport Fund.
107A. Power of State Government to require audit by Director, Local Fund Accounts Audit.
108. A special audit may be directed by State Government.
CHAPTER X
BORROWING POWERS
109. Powers of Corporation to borrow money.
109A. Restrictions on utilisation of Funds created by Corporation.
110. Power of Corporation to borrow from banks against public securities.
111. When and how loan shall be repaid.
112. Maintenance and application of sinking fund.
113. Investment of sinking fund.
114. Investment of sinking fund and surplus moneys in debentures issued by Corporation.
8 The Maharashtra Municipal Corporations Act [1949 : LIX
115. Annual examination of sinking funds.
116. Provisions for loans raised before the appointed day.
117. Attachment of Municipal Fund or Transport Fund in default of repayment of loan.
118. Form of debentures.
119. Coupons attached to debentures to bear signature of Chairman of Standing Committee and
Commissioner.
120. Debentures issued to two or more persons jointly.
121. Issue of duplicate securities.
122. Renewal of debentures.
123. Liability in respect of debenture renewed.
124. Discharge in certain cases.
125. Indemnity.
126. Annual statement to be prepared by Commissioner.
CHAPTER XI
MUNICIPAL TAXATION
127. Taxes to be imposed under this Act.
128. Manner of recovering municipal taxes.
PROPERTY TAXES
Property taxes leviable on rateable or capital value
128A. Property taxes what to consist.
129. Property taxes leviable on rateable value, or on capital value, as the case may be, and at
what rate.
129-lA. Levy of property tax at reduced rates in respect of buildings and lands of Special
Development Projects.
129-2A. Transitory provisions in respect of property taxes on capital value.
129A. Temporary provision for levying general tax at reduced rate in area of Zilla Parishad
included in a larger urban area.
130. Water tax on what premises levied.
131. Conservancy tax or sewerage tax on what premises to be levied.
132. General tax on what premises to be levied.
133. Payments to be made to Corporation in lieu of general tax by State Government.
133A. Power to remit property taxes in case of buildings occupied by persons affected by natural
calamities, etc.

1949 : LIX] The Maharashtra Municipal Corporations Act 9
Special provisions relating to water and conservancy taxes
134. Fixed charges and agreements for payments in lieu of taxes for water supplied.
135. Government to be charged for water by measurement.
136. Supply of water at public drinking fountains, etc., not to be taxed.
137. Conservancy tax or sewerage tax and sewerage benefit tax may be fixed at special rates in
certain cases.
138. Water tax, water benefit tax, conservancy tax, or sewerage tax, or sewerage benefit tax paid
by any person may be recovered by him from the occupier of the premises for which it is
paid.
Liability for Property Taxes
139. Primary responsibility for property taxes on whom to rest.
140. When occupiers may be held liable for payment of property taxes.
140A. Rebate in property tax for advance payment.
140B. Rebate or remission in property tax for implementing ecologically beneficial scheme.
141. Property taxes to be a first charge on premises on which they are assessed.
Tax on Vehicles, Boats and Animals
142. Tax on vehicles, boats and animals.
143. Exemptions from the tax.
144. Livery-stable keepers and others may be compounded with.
145. Power to inspect stables and summon persons liable to the tax.
146. [Deleted].
147. Articles imported for immediate exportation.
Exemptions from Theatre Tax
148. Exemptions from theatre tax.
Education Cess
148A. Levy of education cess.
148B. Payment to be made to Corporation in lieu of education cess by State Government.
Street Tax
148C. Levy of street tax.
Other taxes
149. Procedure to be followed in levying other taxes.
149A. Additional Stamp duty on certain transfers of immovable properties in municipal areas.
149B. Additional Stamp duty on certain transfers of immovable properties in City having notified
projects.

10 The Maharashtra Municipal Corporations Act [1949 : LIX
Supplementary Taxation
150. Any tax imposable under this Act may be increased or newly imposed by way of imposing
supplementary taxation.
150A. Power to assess in case of escape from assessment.
Refunds
151. Refunds of taxes how obtainable.
Writing off of taxes
152. Writing off of irrecoverable taxes.
152-1A. Power of Corporation to grant rebate for payment of arrears of tax.
CHAPTER XIA
PROVISIONS RELATING TO LEVY, COLLECTION AND RECOVERY OF CESS IN LIEU OF OCTROI
152A. [Deleted].
152B. [Deleted].
152C. [Deleted].
152D. [Deleted].
152E. [Deleted].
152F. [Deleted].
152G. [Deleted].
152H. [Deleted].
152I. [Deleted].
152J. [Deleted].
152K. [Deleted].
152L. [Deleted].
152M. [Deleted].
152N. [Deleted].
152O. [Deleted].
CHAPTER XIB
PROVISIONS RELATING TO LOCAL BODY TAX
152P. [Deleted].
152Q. [Deleted].
152R. [Deleted].
152S. [Deleted].
152T. [Deleted].

1949 : LIX] The Maharashtra Municipal Corporations Act 11
CHAPTER XII
DRAINS AND DRAINAGE
Municipal Drains
153. Drains to be constructed and kept in repair by the Commissioner.
154. Adoption by Corporation of drains and drainage or sewage disposal works.
155. Powers for making drains.
156. Alteration and discontinuance of drains.
157. Cleansing drains.
Drains of Private Streets and Drainage of Premises
158. Power to connect drain of private street with municipal drain.
159. Right of owners and occupiers of buildings and lands to drain into municipal drain.
160. Powers of Commissioner to require drain or proposed drain to be so constructed as to form
part of general system.
161. Connections with municipal drains not to be made except in conformity with section 158
or 159.
162. Right of owners and occupiers of premises to carry drain through land belonging to other
persons.
163. Owner of land to allow others to carry drains through the land.
164. Commissioner may enforce drainage of undrained premises situate within hundred feet of
municipal drain.
165. Commissioner may enforce drainage of undrained premises not situate within hundred feet
of municipal drain.
166. Special provisions relating to trade effluent.
167. Power of Commissioner to drain premises in combination.
168. Commissioner may close or limit the use of existing private drains.
169. Vesting and maintenance of drains for sole use of properties.
170. Right of Corporation to drains, etc., constructed, etc., at charge of Municipal Fund on
premises not belonging to Corporation.
171. New building not to be erected without drains.
172. Obligation of owners of drains to allow use or joint ownership to others.
173. How right of use or joint ownership of a drain may be obtained by a person other than the
owner.
174. Sewage and rain water drains to be distinct.
175. Affixing of pipes for ventilation of drains, etc.
Disposal of Sewage
176. Appointment of places for emptying of drains and disposal of sewage.
12 The Maharashtra Municipal Corporations Act [1949 : LIX
177. Provision of means for disposal of sewage.
Water-closets, Privies, Urinals, etc.
178. Construction of water-closets and privies.
179. Water-closets and other accommodation in buildings newly erected or re-erected.
180. Public necessaries.
Inspection
181. Drains, etc., not belonging to Corporation to be subject to inspection and examination.
182. Power to open ground, etc., for purposes of inspection and examination.
183. Expenses of inspection and examination.
184. Commissioner may require repairs, etc., to be made.
185. Cost of inspection and execution of works in certain cases.
185A. Responsibility of owner or occupier to keep and maintain exterior of building in good
condition.
185B. Power of Commissioner to make declaration of aesthetic harmony.
General Provisions
186. Prohibition of acts contravening the provisions of the Act, rules or by-laws or done without
sanction.
187. Water closets etc., not to be injured or improperly fouled.
188. Commissioner may execute certain works under this Act without allowing option to
persons concerned of executing the same.
CHAPTER XIII
WATER SUPPLY
Construction and maintenance of municipal water works
189. Water supply.
190. Inspection of municipal water works by persons appointed by State Government.
191. Power of access to municipal water works.
192. Power of carrying water-mains, etc.
193. Fire-hydrants to be provided.
194. Prohibition of certain acts affecting the municipal water works.
194A. Obligation of Corporation to partake common facility.
195. Buildings, etc., not to be erected over municipal water-main without permission.
Public Gratuitous Water-Supply
196. Vesting of public drinking fountains, etc., in the Corporation.
197. Public drinking fountains, etc., may be set apart for particular purposes.

1949 : LIX] The Maharashtra Municipal Corporations Act 13
Private Water Supply
198. Conditions as to use of water not to be contravened.
199. Water pipes, etc., not to be placed where water will be polluted.
200. Prohibition of fraudulent and unauthorised use of water.
General
201. Power to supply water without the City.
CHAPTER XIV
STREETS
Construction, Maintenance and Improvement of Streets
202. Vesting of public streets in Corporation.
203. Power of Commissioner in respect of public streets.
204. Disposal of land forming site of closed streets.
205. Power to make new public streets.
206. Minimum width of new public streets.
207. Power to adopt, construct or alter any sub-way, bridge, etc.
208. Power to prohibit use of public streets for certain kinds of traffic.
209. Power to acquire premises for improvement of public streets.
210. Power to prescribe street lines.
211. Setting back buildings to the regular line of the street.
212. Additional power of Commissioner to order setting back of buildings to regular line of
street.
213. Acquisition of open land or of land occupied by platforms, etc., within regular line of street.
214. Acquisition of the remaining part of building and land after their portions within a regular
line of the street are acquired.
215. Setting forward of buildings to the line of the street.
216. Compensation to be paid and betterment charges to be levied.
Provisions regarding Private Streets
217. Notice to be given to Commissioner of intention to lay out lands for building and for private
streets.
218. Commissioner may call for further particulars.
219. Commissioner may require plans to be prepared by licensed surveyor.
220. Laying out of land, dimensions and areas of each building plot laying out of private streets
and buildings and heights of buildings to be determined by Commissioner.
221. Land not to be appropriated for building and private street not to be laid out until expiration
of notice nor otherwise than in accordance with Commissioner’s directions.
14 The Maharashtra Municipal Corporations Act [1949 : LIX
222. Renewal of notice of intention to carry out works not executed in pursu ance of approval
given under section 220.
223. Levelling and draining of private streets and means of access.
224. Power to declare private streets when sewered, etc., public streets.
225. Applicability of sections 223 and 224 when a street is in part public and in part private.
Projections and Obstructions
226. Prohibition of projections upon streets, etc.
227. Projections over streets may be permitted in certain cases.
228. Ground floor doors, etc., not to open outwards on streets.
229. Prohibition of structures or fixtures which cause obstruction in streets.
230. Prohibition of deposit, etc., of things in streets.
231. Commissioner may, without notice remove anything erected, deposited or hawked or
exposed for sale in contravention of Act.
232. Power to require removal of any structure or fixture erected or set-up before the appointed
day.
233. Prohibition of tethering of animals in public streets.
Temporary Erections on Streets during Festivals
234. Commissioner may permit booths, etc., to be erected on streets on festivals.
Provisions concerning Execution of Works in or near to Streets
235. Street when broken up for any municipal purposes to be restored without delay.
236. Commissioner may close street in which work is in progress.
237. Commissioner to provide for traffic, etc., pending execution of municipal work in any
street.
238. Precautions to be taken for public safety whilst municipal works are in progress in an y
street.
239. Streets not to be opened or broken up and building materials not to be deposited thereon
without permission.
240. Precautions for public safety to be taken by persons to whom permission is granted under
section 239.
241. Persons to whom permission is granted under section 239 must reinstate streets, etc.
242. Provisions to be made by persons granted permission under section 239 for traffic, etc.
243. Buildings at corners of streets.
Provision for parking or halting places or lots
243A. Provision for parking or halting places or lots and fees or charges therefor.

1949 : LIX] The Maharashtra Municipal Corporations Act 15
Sky-signs and Advertisements
244. Regulations as to sky-signs.
245. Regulation and control of advertisements.
Dangerous places and places where some work affecting
human safety or convenience is carried on
246. Hoards to be set-up during work on any building adjacent to street.
247. Commissioner to take proceedings for repairing or enclosing dangerous places or places
where some work affecting safety or convenience is carried on.
248. Protective measures during demolition work.
Lighting of Streets
249. Public streets to be lighted.
Watering of Streets
250. Measures for watering streets.
Miscellaneous
251. Prohibition of removal, etc., of lamps or any other municipal property on streets.
252. Persons accidentally breaking lamps, etc., to repair the damage.
CHAPTER XV
BUILDING REGULATIONS
Notice regarding Erection, etc., of Buildings
253. Notice to be given to Commissioner of intention to erect building.
254. Notice to be given to Commissioner of intention to make additions, etc., to building.
255. Plans, etc., submitted to be rejected if not drawn etc., in prescribed manner.
256. Effect of non-compliance with requisition made by Commissioner.
Commencement of work
257. Supervision of buildings and works.
258. Power to Commissioner to cancel permission on the ground of material misrepresentation
by applicant.
259. Inspection of buildings in course of erection, alteration, etc.
260. Proceedings to be taken in respect of building or work commenced contrary to rules or by-
laws.
261. Buildings or works commenced contrary to Act may be cut into and laid open for purpose
of inspection.
262. Enforcement of provisions concerning buildings and works.
263. Completion certificates, permission to occupy or use.

16 The Maharashtra Municipal Corporations Act [1949 : LIX
Lawfully erected structures infringing rules or by-laws
263A. Power to require demolition or alteration of lawful ly constructed huts or sheds infringing
rules or by-laws.
Dangerous Structures
264. Removal of structures, etc., which are in ruins or likely to fall.
265. Periodic inspection of buildings.
265A. Structural stability certificate.
266. Dangerous openings in buildings.
Works unlawfully carried on
267. Powers of Designated Officer to direct removal of person directing unlawful work.
267A. Levy of penalty on unlawful building.
Power to vacate premises
268. Power of Commissioner to vacate any building in certain circumstances.
Regulation of certain classes of buildings in particular localities
269. Power to regulate future construction of certain classes of buildings in particular streets or
localities.
CHAPTER XVI
IMPROVEMENT SCHEMES
270. Commissioner to make draft improvement scheme.
271. Particulars to be provided for in an improvement scheme.
272. Procedure on completion of scheme.
273. Right of owner to demand acquisition on issue of notification when building operations are
in progress.
274. Right of owner to demand acquisition or withdrawal by Corporation after lapse of two
years from date of notification.
275. Standing Committee after publication and service of notices to forward scheme to
Corporation for approval.
276. Corporation to consider improvement scheme and to approve or disapprove.
277. Commissioner to apply to State Government for sanction to the scheme.
278. On receipt of sanction declaration to be published giving particulars of land to be acquired
and on publication of such declaration Commissioner to be authorised to execute scheme.
279. If Corporation fail to acquire the land, owner may call upon Corporation to acquire it or to
withdraw from proposal.
280. Method of calculation of betterment charge.
281. Procedure for determining charge.
282. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by
agreement.
1949 : LIX] The Maharashtra Municipal Corporations Act 17
283. Special provisions as to compensation.
284. Collector to take possession after making an award and transfer land to Corporation.
CHAPTER XVII
MUNICIPAL FIRE-BRIGADE
285. Maintenance of firemen and of necessary fire engines, etc.
286. Powers of Chief Officer of Fire-Brigade at a fire.
287. Police and municipal officers and servants to aid the fire-brigade.
288. Damage done by fire-brigade to be deemed damage by fire.
289. Report of fire to be submitted.
CHAPTER XVIII
SANITARY PROVISIONS
Scavenging and Cleansing
290. Commissioner to provide for cleansing of streets and removal of refuse.
291. Refuse, etc., to be the property of the Corporation.
292. Provision and appointment of receptacles, depots and places for refuse, etc.
293. Provision may be made by Commissioner for collection etc., of excrementitious and
polluted matter.
294. Special sanitary arrangements at certain places.
295. Scavengers’ duties in certain cases may not be discharged by private individuals without
Commissioner’s permission.
Inspection and Sanitary Regulation of Premises
296. Power to inspect premises for sanitary purposes.
297. Cleansing and lime-washing of any building may be required.
298. Buildings or rooms in buildings unfit for human habitation.
299. Power to require repair of insanitary buildings.
300. Power to order demolition of insanitary buildings.
301. Procedure where demolition order made.
302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations
made subsequently.
303. Power to order demolition of obstructive buildings.
304. Effect of order for demolition of obstructive building.
305. Compensation for acquiring obstructive building recoverable in certain cases as
improvement expenses.
306. Appeal against demolition orders.
307. Overcrowded dwellings.
18 The Maharashtra Municipal Corporations Act [1949 : LIX
308. Insanitary huts and sheds.
Disposal of carcasses of animals
309. Removal of carcasses of dead animals.
Regulation of Public Bathing, Washing, etc.
310. Places for public bathing, etc., to be fixed by Commissioner, and regulation of use of such
places.
311. Prohibition of bathing, etc., contrary to order.
312. Prohibition of corruption of water by steeping therein animal or other matter, etc.
Regulations of Factories, Trades, etc.
313. Factory, etc., not to be newly established without permission of Commissioner.
314. Prohibition of corruption of water by chemicals, etc.
Prevention and checking spread of dangerous diseases
315. Power of Commissioner, Medical Officer of Health, etc., in case of dangerous diseases.
316. Any place may at any time be inspected for purpose of preventing spread of dangerous
disease.
317. Destruction of huts and sheds when necessary.
318. Closure of lodging and eating houses.
Special Sanitary Measures
319. Commissioner may take special measures on outbreak of any dangerous disease.
Disposal of the Dead
320. Places for disposal of the dead to be registered.
321. Provision of new places for disposal of the dead.
322. New places for disposal of the dead not to be opened without permission of Commissioner.
323. State Government may direct closing of any place for disposal of dead.
324. State Government may sanction re-opening of places which have been closed for disposal
of dead.
325. Burials within places of worship and exhumations not to be made without permission of
Commissioner.
326. Acts prohibited in connection with disposal of dead.
CHAPTER XIX
MARKETS AND SLAUGHTER HOUSES
Maintenance and Regulation of Markets and Slaughter-houses
327. What to be deemed municipal markets and slaughter-houses.
1949 : LIX] The Maharashtra Municipal Corporations Act 19
328. Provisions of new municipal markets and slaughter-houses.
329. Municipal markets, slaughter-houses and stock-yards may be closed.
330. Prohibition of sale of commodities sold in municipal markets.
331. Opening of private markets and of private slaughter-houses.
332. Levy of stallages, rents and fees in municipal markets, slaughter-houses and stock-yards.
333. Removal of live cattle, sheep, goats or swine from any municipal sla ughter-house, stock-
yard, market or premises.
334. Power to expel persons contravening rules, by-laws or standing orders.
335. Prohibition of import of cattle, etc., into City without permission.
Inspection of Places of Sales, etc.
336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to
the provisions of this Act is suspected.
337. Commissioner to provide for inspection of articles exposed for sale for human food.
338. Unwholesome articles, etc., to be seized.
339. Disposal of perishable articles seized under section 338.
340. Saving of Bombay Animal Preservation Act, 1948.
CHAPTER XX
THE TRANSPORT UNDERTAKING
The Operation of the Undertaking and the Construction and Maintenance of Works
341. Provisions of this Chapter when applicable.
342. Management of Undertaking by Transport Manager.
Fares and Charges
343. Levy of fares and charges for transport services.
Acquisition and Disposal of Property
344. Acquisition of immovable property.
345. Provisions governing disposal of municipal property.
Officers and Servants
346. Statement of permanent officers and servants to be prepared by Transport Manager and
sanctioned by Transport Committee.
347. Restriction on appointment of permanent officers and servants.
348. Creation of temporary posts.
349. Power of appointment in whom to vest.
350. Leave of absence.

20 The Maharashtra Municipal Corporations Act [1949 : LIX
REVENUE AND EXPENDITURE
The Transport Fund
351. Constitution of Transport Fund.
352. Transport Manager to receive payments on account of Transport Fund and to lodge them
in bank.
353. How Transport Fund shall be drawn against.
354. Deposit of portion of Transport Fund may be made with bank or agency out of City when
convenient.
355. Only sums covered by budget grant to be expended from Transport Fund.
356. Procedure when money not covered by budget grant is expended under clause ( c), (d) or
(e) of sub-section (2) of section 355.
357. Purposes for which Transport Fund is to be applied.
358. Investment of surplus moneys.
Payments out of Surplus Balance
359. Fixed annual payment to Municipal Fund.
360. Disposal of surplus balance of revenue.
Accounts
361. Accounts of the Transport Undertaking.
362. Preparation of annual administration report and statement of accounts.
CHAPTER XXI
VITAL STATISTICS
Registration of Births and Deaths
363. Appointment of Registrars.
364. Register books to be maintained.
365. Registrars to inform themselves of all births and deaths.
366. Information of births to be given within seven days.
367. Information respecting finding of new-born child to be given.
368. Information of death to be given.
369. Medical practitioner who attended a deceased person to certify cause of his death.
370. Correction of errors in registers of births or deaths.
371. Registration of name of child or of alteration of name.

1949 : LIX] The Maharashtra Municipal Corporations Act 21
CHAPTER XXII
LICENCES AND PERMITS
I. Licensing of Surveyors, Architects or Engineers, Structural Designers,
Clerks of Works and Plumbers
372. Grant of licences to Architects or Engineers, Structural Designers, Plumbers and Clerks of
Works.
373. Orders may be prescribed for guidance of Surveyors, etc.
374. Fees and charges of licensed plumbers to be prescribed by Standing Committee.
375. Licensed plumber to be bound to execute work properly.
II. Trade licences and other licences for keeping animals and certain articles
376. Certain things not to be kept, and certain trades and operations not to be carried on, without
licence.
376A. Power to stop use of premises where such use is dangerous or causes nuisance.
III. Licences for sale in Municipal Markets
377. Prohibition of sale in Municipal markets without licence of Commissioner.
IV. Licences for Private Markets
378. Private Markets not to be kept open without licence.
379. Prohibition of sale in unauthorised private markets.
380. Slaughter of animals for skins.
V. Licences for sale of Articles of Food outside of Markets
381. Prohibition of sale of animals, etc., except in market.
VI. Licensing of Butchers, etc.
382. Butchers and persons who sell flesh of animals to be licensed.
VII. Licences for Dairy Products
383. Licence required for dealing in dairy produce.
VIII. Licences for Hawking, etc.
384. Licences for sale in public places.
385. Licences for use of skill in handicraft or rendering services for purposes of gain in public
place or street.
IX. General provisions regarding Licences and Permits
386. General provisions regarding grant, suspension or revocation of licences and written
permissions and levy of fees, etc.
CHAPTER XXIII
POWER OF ENTRY AND INSPECTION
387. Power of entry and inspection.
22 The Maharashtra Municipal Corporations Act [1949 : LIX
388. Time of making entry.
CHAPTER XXIV
COMPENSATION
389. Doing minimum damage in certain cases.
390. Commissioner to determine compensation.
391. Appeal.
CHAPTER XXV
PENALTIES
392. Certain offences punishable with fine.
393. Offences punishable under the Penal Code.
394. Punishment for offences of preparing false election rolls.
395. Punishment for acquiring share or interest in contract, etc., with Corporation.
396. Punishment for breach of section 61 or 62.
397. Punishment for offences against section 194.
397A. Penalty for failure to comply with notice under section 260, 261, 264, 267 or 478.
397B. Compounding of certain offences.
398. [Deleted].
398-1A. [Deleted].
398A. Penalty for contravention of section 265A.
399. General penalty.
400. Extent of penal responsibility of agents and trustees of owners.
401. Offence by companies, etc.
402. Compensation payable by offenders against this Act for damage caused by them.
CHAPTER XXVI
PROCEEDINGS BEFORE JUDGE, DISTRICT JUDGE AND MAGISTRATES
I. Election Inquiries
403. Procedure in election inquiries.
404. Disqualification for election as councillor for certain election offences.
II. References to the Judge
405. References to the Judge.
III. Appeals against Valuations and Taxes
406. Appeals when and to whom to lie.
407. Cause of complaint when to be deemed to have accrued.
1949 : LIX] The Maharashtra Municipal Corporations Act 23
408. Arbitration.
409. [Deleted].
410. Reference to District Court.
411. Appeals to the District Court.
412. Costs of proceedings in appeal.
413. Unappealed values and taxes and decisions on appeal to be final.
413A. Assessment subject to valuation or revision by Municipal Property Tax Board.
IV. Appeals to the Judge and the District Court
414. Appeals to the Judge.
415. Appeals against demolition orders.
416. Appeals against decision of the Judge regarding payment of expenses for works executed.
416A. Fees in appeals before District Court.
V. Proceedings before Judge
417. Remedy of owner of building or land against occupier who prevents his complying with
any provisions of this Act.
418. Power to summon witnesses and compel production of documents.
419. Fees in proceeding before the Judge.
420. Exemption of poor persons from fees.
421. Repayment of half fees on settlement before hearing.
VI. Appointment of Magistrates
422. Appointment of Magistrate of the First Class.
VII. References to Magistrates
423. References to Magistrates.
424. Disposal of animals and articles of non-perishable nature seized under section 338.
425. Penalty for possessing food which appears to be diseased, unsound or unwholesome or
unfit for human food.
426. Application for summons to be refused if not applied for within a reasonable time.
VIII. Proceedings before Magistrates and the Sessions Court
427. Cognizance of offences.
428. Limitation of time within which complaints of offences punishable under this Act shall be
entertained.
429. Power of Magistrate to hear cases in absence of accused.
430. Report of Chemical Analyser to Government.
431. Complaint concerning nuisances.
432. Appeal to the Sessions Court from order passed under section 431.
24 The Maharashtra Municipal Corporations Act [1949 : LIX
IX. Arrest of offenders
433. Offenders against this Act may in certain cases be arrested by police officers.
X. Miscellaneous
433A. Bar of jurisdiction.
434. Code of Civil Procedure to apply.
435. Limitation.
436. Execution of orders of the Judge and District Judge.
437. Criminal Procedure Code to apply to all inquiries and proceedings before Magistrates.
CHAPTER XXVII
RECOVERY OF MUNICIPAL DUES OTHER THAN TAXES
438. Recovery of expenses of removals by Commissioner under certain sections.
439. Expenses recoverable under the Act to be payable on demand, and if not paid on demand
may be recovered as arrear of property tax.
440. If defaulter is owner of premises in respect of which expenses are payable, occupier to be
also liable for payment thereof.
441. Commissioner may agree to receive payment of expenses in instalments.
442. Certain expenses may be declared to be improvement expenses.
443. Proportion of improvement expenses may be deducted from rent.
444. Redemption of charge for improvement expenses.
445. Recovery of instalments due under sections 441 and 442.
446. In default of owner the occupier of any premises may execute required work and recover
expenses from the owner.
447. Persons liable for expenses or compensation may be sued for recovery thereof.
CHAPTER XXVIII
CONTROL
448. Power of State Government to require performance of duties in default of any municipal
authority.
449. Expenses of measures enforced under section 448 how to be recovered.
450. Power to State Government to call for extracts from proceedings, etc.
450A. Power of State Government to issue instructions or directions.
451. Power of State Government to suspend or rescind any resolution or order, etc., of
Corporation or other authority in certain cases.
452. Power of State Government to dissolve Corporation.
452A. Power of State Government to appoint Government officer or officers to exercise powers
and perform functions and duties of Corporation.

1949 : LIX] The Maharashtra Municipal Corporations Act 25
CHAPTER XXIX
RULES, BY-LAWS, REGULATIONS AND STANDING ORDERS
453. Rules in Schedule to be part of the Act.
454. Alteration of and additions to Schedule.
455. Power to make rules subject to sanction of State Government.
456. Power of State Government to make rules.
456A. Special power of State Government to make rules.
457. Matters in respect of which rules may be made.
458. By-laws for what purpose to be made.
459. Commissioner to lay draft by-laws before the Corporation for its consideration.
460. Hearing by Corporation of objections to proposed by-laws.
461. By-laws to be confirmed by State Government.
462. By-laws confirmed by State Government to be published in the Official Gazette.
463. Printed copies of by-laws to be kept on sale.
464. State Government may modify or repeal by-laws.
465. Regulations.
466. Making of standing orders by Commissioner.
467. Post

Excerpt shown. Open the full act in Lexace.

‹ Prev All Maharashtra acts Next ›