The Bombay Municipal Servants Act.

1890 : Bom. V]  1 
THE BOMBAY MUNICIPAL SERVANTS ACT 
[Text as on 4th November 2024] 
————— 
CONTENTS 
PREAMBLE. 
SECTIONS.  
1.  Short title.  
 Commencement and extent.  
2.  Interpretation.  
 Act to be read with Municipal Acts in force.  
3.  Conditions as to resignation, withdrawal and absence from specified duties. 
 Neglect or breach of duty. 
 Provisos.  
4.  Power to dispense with two months’ notice or with services after tender of resignation.  
5.  Power of State Government to add to schedule.  
6.  Copies of Act to be supplied at nominal price to employees.  
 SCHEDULE 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2 The Bombay Municipal Servants Act  [1890 : Bom. V 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1890 : Bom. V] The Bombay Municipal Servants Act 3 
LIST OF AMENDMENT ACTS 
1. Adapted and modified by the Adaptation of India Laws Order in Council. 
 2.  Amended by Bom.  8 of 1950 
3. Adapted and modified by the Adaptation of Laws Order, 1950.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4 The Bombay Municipal Servants Act  [1890 : Bom. V 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1890 : Bom. V] The Bombay Municipal Servants Act 5 
BOMBAY ACT No. V OF 18901 
[THE BOMBAY MUNICIPAL SERVANTS ACT.] 
 [15th January 1891] 
WHEREAS, it is expedient to make better provision in 2[Greater Bombay] and elsewhere for the 
enforcement of regulations regarding certain classes of municipal servants whose functions intimately 
concern the public health or safety, and regar ding the duties, withdrawal from duty, and leave of such 
servants ; It is enacted as follows :—  
1.  Short title.— (1) This Act may be cited as the Bombay Municipal Servants Act.  
(2) Commencement and extent.— It shall come into force in 3[Greater Bombay] at once.  
(3) The 4[ 5[State] Government] may, by 6notification, extend all or any of its provisions, on and 
after a day not less than two months after the date of such notification, to any Municipal District in the 
Bombay Presidency.  
7[It] may also cancel or vary such notification consistently with the provisions of this Act.  
2.  Interpretation.— (1) Unless there be something repugnant in the subject or context, all words 
used in this Act shall have respectively the meanings assigned to them in the 8 City of Bombay 
Municipal Act, 1888 (Bom. III of 1888).  
(2) Act to be read with Municipal Acts in force. — This Act shall, in so far as it 9[affects 
Greater Bombay], be read with the 10 City of Bombay Municipal Act, 1888  (Bom. III of 1888) , and in 
so far as it affects any other part of the Presidency of Bombay, shall be read with the11 Bombay District 
Municipal Acts, 1873 and 1884.  
3.  Conditions as to resignation, withdrawal and absence for specified duties. — (1) Any 
Municipal Officer, servant or other person employed by, or on behalf of, the Corporation or a 
Municipality to perform any of the duties specified in the Schedule, who—  
(a) without the written permission, in 12[Greater Bombay] of the Commissioner or a  person 
by him deputed in that behalf, and elsewhere of the Officer authorized by the Municipality to give 
such permission, resigns his office without at least two months’ notice given in writing to the 
Commissioner or person by him deputed, or to such Off icer, or withdraws or absents himself 
from the duties thereof, except in case of illness or accident disqualifying him for the discharge of 
such duties or other reason accepted as sufficient by such Commissioner or person by him 
deputed, or such Officer ; or 
(b) Neglect or breach of duty. — is guilty of any wilful breach or neglect of any provision 
of law or of any rule or order which as such municipal officer, servant or other person employed 
by, or on behalf of, the Corporation or a Municipality, it is his duty to observe or obey ; or  
(c) who abets an offence under clause (a) or clause (b) ;  
shall be liable to forfeit his pay accruing due under a current term of service, and arrears of 
pay due for a term of not more than one month, and in addition to such forfeiture and any other 
                                                   
1  For Statement of Objects and Reasons, See Bombay Government Gazette , 1890, Part V, p. 60 ; for Report of Select 
Committee, see ibid, 1890, p. 103 ; and for proceedings in Council, see ibid., 1890. pp. 77, 109 and 127.  
2  These words were substituted for the words “the city of Bombay” by Bom. 17 of 1945, s. 9, read with, Bom. 8 of 1950. 
3  These words were substituted for the words “the city of Bombay” by Bom. 17 of 1945, s. 9, read with, Bom. 8 of 1950. 
4  The words “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation of Indian 
Laws Order in Council. 
5  This word was substituted for the word “provincial” by the Adaptation of Laws Order, 1950. 
6  For notification extendings the provisions of the Act to certain municipal districts, see Bombay Rules and Order. 
7  The word “It” was substituted for the word “He” by the Adaptation of Indian Laws Order in Council. 
8  Supra. 
9  These words were substituted for the words “affects the City of Bombay” by Bom. 17 of 1945, s. 9, read with Bom. 8 of 
1950. 
10   Supra. 
11  See now the Bombay District Municipal Act, 1901, which repealed these Acts. 
12  These words were substituted for the words “the city of Bombay” by Bom. 17 of 1945, s. 9, read with, Bom. 8 of 1950. 
6 The Bombay Municipal Servants Act  [1890 : Bom. V 
penalty which may be imposed on him under any enactment or rule for the time being in force, 
shall be liable, on conviction, by a Magistrate, to imprisonment which may extend to three 
months or to fine, or to both imprisonment and fine :  
Provisos.— Provided that if any such officer, servant or other person produces a certificate 
signed by the medical officer appointed in the City of Bombay by the Commissioner, and elsewhere by 
the Municipality in this behalf, of a present incapacity to perform his duties which will probably endure 
for a month or more, the necessary permission to resign shall forthwith be granted :  
Provided further that no fee shall be taken from a person on account of such certificate as 
aforesaid or of examination in connection therewith.  
(2) The provisions of clauses ( a) and (b) of sub-section (1) shall not apply to persons at the date 
of the passing of this Act in the employment of the Corporation or of a Municipality until the lapse of 
two months from such date.  
4.   Power to dispense with two months’ notice or with services after tender of resignation.— 
(1) The Commissioner or Officer authorized by the Municipality under section 3 (a), may,—  
(a) at his discretion, accept any resignation to take effect at a time less than two mo nths 
from the date thereof, or  
(b) at any time after any municipal officer, servant or other person employed as aforesaid, 
has tendered his resignation, dispense with the services of such officer, servant or person.  
(2) Any such officer, servant or other person whose services are dispensed with under sub-section 
(1), clause ( b), shall, subject to any agreement in writing previously made between him and the 
Corporation or Municipality or its representative, be entitled, in addition to any wages which he ma y 
have earned at the date of tendering his resignation, to fifteen days’ wages or to wages for such period 
longer than fifteen days, as his services may, after such tender of resignation, have been retained by the 
Officer authorized in that behalf.  
5.  Power of 1[State] Government to add to schedule.— (1) It shall be lawful for the 2[ 3[State] 
Government] on the request of the Corporation or of a Municipality from time to time, by notification, 
to declare that from a date to be fixed therein, which shall not be less than two months from the date 
thereof, any specified class of duties whi ch concern the public health or safety shall be deemed to be 
included in the Schedule to this Act, and from the date fixed on that behalf in such notification the 
provisions of section 3 shall apply to all persons employed by, or on behalf of, the Corporat ion or a 
Municipality to perform any duty of the class so specified in such notification.  
(2) The 4[ 5[State] Government] may withdraw such notification and may from time to time 
cancel or vary the same consistently with the preceding clause and with the other provisions of this 
Act, and may also limit the operation of any notification to any Municipality or place wherein this Act 
is in operation. 
6.  Copies of Act to be supplied at nominal price to employees. — Every person employed by, 
or on behalf of, th e Corporation or a Municipality to perform any of the duties set forth in the 
Schedule, shall, on entering the service, and every person now so employed shall forthwith, receive 
gratis, and shall at any time thereafter, on payment of one anna, 6[be entitle d to receive in Greater 
Bombay] from the Municipal Commissioner for the City of Bombay and elsewhere from President of a 
municipality, a copy of this Act and of the notification issued thereunder, applicable to such person or 
to the class to which he belongs, in the English, Marathi, Gujarathi, Canarese or Sindhi language.  
———— 
                                                   
1  The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 
2  The words “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation of Indian 
Laws Order in Council.  
3  The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.  
4  The words “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation of Indian 
Laws Order in Council.  
5  The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.  
6  These words were substituted for the words “be entitled to receive in the City of Bombay” by Bom. 17 of 1945, s. 9, read 
with Bom. 8 of 1950. 
1890 : Bom. V] The Bombay Municipal Servants Act 7 
SCHEDULE  
(Vide section 3.) 
Duties which render the provisions of section 3 applicable to the persons employed by, or on 
behalf of, the Corporation or a Municipality to perform them.  
Class I.— Duties connected with the public health ;  
(a) scavenging or cleansing streets or premises,  
(b) cleansing or flushing drains,  
(c) removing or disposing of excrementitious or polluted matter from houses, latrines, 
prives, urinals, or cesspools.  
(d) removing carcasses,  
(e) preventing nuisances generally.  
Class II.— Duties connected with the public safety ;  
Duties of—  
(a) members of a fire-brigade,  
(b) persons, however designated, employed on, or in connection  with, the maintenance or 
service of any municipal water-works, drain, pumping station or fire hydrant, including—  
(1) inspectors,  
(2) sub-inspectors,  
(3) foremen,  
(4) mechanics,  
(5) drivers,  
(6) watchmen,  
(7) labourers,  
(8) workmen,  
(c) lamp-lighters. 

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