Maharashtra Municipal Corporations Act.

The Maharashtra Municipal Corporations Act.

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	194959
Act Number:	59
Enactment Date:	1949-12-29
Act Year:	1949
Short Title:	The Maharashtra Municipal Corporations Act.
Long Title:	An Act to provide for the establishment of Municipal Corporations for all larger urban areas except that of Brihan Mumbai in the State of Maharashtra.
Ministry:	Ministry of Govt of Maharashtra
Department:	Urban Development Department
Type:	STATE
Location:	Maharashtra

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Section 1. Short title, extent and commencement.
Section 2. Definitions.
Section 3. Specification of larger urban areas and constitution of Corporations.
Section 3A. Deleted.
Section 4. Municipal authorities charged with execution of the Act.
Section 5. Constitution of Corporation.
Section 5A. Reservation of seats.
Section 5B. Person contesting election for reserved seat to submit caste certificate and validity certificate.
Section 6. Duration of Corporation.
Section 6A. Term of office of Councillors.
Section 6B. Election to constitute a Corporation.
Section 7. Resignation of office by Councillor.
Section 7-A1. Deleted.
Section 7A. Preparation of municipal election roll.
Section 7AA. Deleted.
Section 7AAA. Deleted.
Section 7B. Enrolment in municipal election roll.
Section 8. Persons qualified to vote.
Section 8A. Manner of voting.
Section 9. Qualification for election as councillor.
Section 13. Liability of Councillor to removal from office.
Section 10. Disqualification for being a councillor.
Section 11. Disabilities from continuing as Councillor.
Section 12. Questions as to disqualification to be determined by the Judge.
Section 13. Liability of Councillor to removal from office.
Section 14. State Election Commission.
Section 14A. Power of State Election Commissioner to issue directions to prevent impersonation.
Section 15. Casual vacancies how to be filled.
Section 16. Election petitions.
Section 17. Deleted.
Section 18. Procedure if election fails or is set aside.
Section 19. Mayor and Deputy Mayor.
Section 19-IA. Leader of House.
Section 19-IAA. Leader of Opposition.
Section 19A. Honoraria, fees or allowances.
Section 20. Constitution of Standing Committee.
Section 21. Appointment of Chairman of Standing Committee.
Section 22. Member of Standing Committee absenting himself from meetings to vacate seat.
Section 23. Casual vacancies in Standing Committee how to be filled.
Section 24. Standing Committee may delegate powers to Special Committee or Sub-Committee.
Section 25. Appointment of Transport Committee.
Section 26. Disqualification of members of Transport Committee.
Section 27. Chairman of Transport Committee.
Section 28. Conveyance charges for attendance at meetings of Transport Committee.
Section 29. Sub-committees of Transport Committee.
Section 29-A. Constitution of Wards Committees.
Section 30. Special Committees of the Corporation.
Section 31. Appointment of Ad hoc Committees.
Section 31-A. Appointment by nomination on Committees to be by proportional representation.
Section 32. Joint transactions with other local authorities.
Section 33. Vacancy in Corporation, etc., not to invalidate its proceedings.
Section 34. Proceedings of Corporation, etc., not vitiated by disqualification, etc., of members thereof.
Section 35. Proceedings of meetings to be good and valid until contrary is proved.
Section 35A. Exercise of powers and discharge of duties of any Committee by Corporation.
Section 35B. Removal of Chairman and Deputy Chairman of Committees.
Section 36. Appointment of the Commissioner.
Section 37. Salary of Commissioner.
Section 38. Grant of leave of absence to Commissioner and leave allowance.
Section 39. Appointment and remuneration of acting Commissioner.
Section 39A. Appointment of Additional Municipal Commissioners.
Section 40. Appointment of Transport Manager.
Section 41. Leave of Transport Manager.
Section 42. Commissioner not to be interested in any contract with Corporation.
Section 43. Proceedings of the Corporation, Standing Committee, etc.
Section 44. Right to ask questions.
Section 45. Appointment of City Engineer, etc.
Section 45A. Appointment of Municipal Chief Auditor.
Section 45B. Power of State Government to notify post to be filled in by deputation.
Section 46. Powers and duties of City Engineer and Medical Officer of Health.
Section 47. Powers and duties of Municipal Chief Auditor.
Section 48. Powers and duties of Municipal Secretary.
Section 49. Powers and duties of Deputy or Assistant Municipal Commissioner.
Section 50. Conditions of service of statutory officers of Corporation.
Section 51. Number, designations, grades, etc., of other municipal officers and servants.
Section 52. Restriction on employment of permanent officers and servants.
Section 53. Power of appointment in whom to vest.
Section 54. Manner of making appointment.
Section 55. Saving in respect of officers and servants appointed under Chapter XX.
Section 56. Imposition of penalties on municipal officers and servants.
Section 57. Leave of absence.
Section 58. Acting appointments.
Section 59. Disqualification of municipal officers and servants.
Section 59A. Sanction for prosecution of officers and servants of Corporation.
Section 60. Occupation of and liability to vacate premises provided by Corporation for municipal officers and servants.
Section 60A. Disclosure of specified information
Section 61. Members of essential services not to resign, etc., without permission.
Section 62. Power of State Government to declare emergency.
Section 63. Matters to be provided for by the Corporation.
Section 64. Corporation to provide for anti-rabic treatment.
Section 65. Corporation to provide for maintenance of lunatics and lepers.
Section 66. Matters which may be provided for by Corporation and its discretion.
Section 66A. Performance of functions by agencies.
Section 67. Functions of the several municipal authorities.
Section 67A. Environment Status Report.
Section 68. Commissioner to exercise powers and perform duties of Corporation under other laws.
Section 69. Municipal officers may be empowered to exercise certain powers, etc., of the Commissioner or the Transport Manager.
Section 70. Corporation may call for extracts from proceedings, etc., from the Standing Committee, etc.
Section 71. Corporation may require Commissioner to produce documents and furnish returns, reports, etc.
Section 72. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure.
Section 72A. Citizens’ Charter.
Section 72B. Delegation of powers.
Section 72C. Disciplinary action.
Section 72D. Non-application of provisions of 72C in certain circumstances.
Section 73. Power to Commissioner to execute contracts on behalf of Corporation.
Section 74. Mode of executing contracts.
Section 75. Contracts relating to Transport Undertaking.
Section 76. Power of Corporation as to acquisition of property.
Section 77. Acquisition of immovable property.
Section 78. Procedure when immovable property cannot be acquired by agreement.
Section 79. Provisions governing the disposal of municipal property.
Section 80. Decision of claims to property by or against the Corporation.
Section 81. Power of Corporation to enforce covenants against owner for the time being of land.
Section 81A. Definitions.
Section 81B. Power to evict persons from Corporation premises.
Section 81C. Power to recover rent or damages as arrears of property tax.
Section 81D. Rent to be recovered by deduction from salary or wages in case of Corporation employees.
Section 81E. Commissioner to have powers of Civil Court.
Section 81F. Appeals.
Section 81G. Finality of orders.
Section 81H. Bar of jurisdiction.
Section 81I. Power to make regulations.
Section 81J. Penalty for obstructing lawful exercise of power under this Chapter.
Section 82. Constitution of Municipal Fund.
Section 82A. Annual grant by State Government from proceeds of land revenue, non-agricultural assessment and entertainments duty.
Section 83. Commissioner to receive payments on account of Municipal Fund and to lodge them in a bank.
Section 84. How the Fund shall be drawn against.
Section 85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when convenient.
Section 86. Restrictions on expenditure from Municipal Fund.
Section 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.
Section 88. Purpose for which Municipal Fund is to be applied.
Section 89. Municipal Fund where to be expended.
Section 90. Temporary payments from Municipal Fund for works urgently required for public services.
Section 91. Constitution of Special Funds.
Section 91A. Establishment of Consolidated Water Supply and Sewerage Disposal Loan Fund.
Section 91B. Establishment of Water and Sewage Fund.
Section 92. Investment of surplus moneys.
Section 93. Accounts to be kept in forms prescribed by Standing Committee.
Section 94. Preparation of annual administration report and statement of accounts.
Section 95. Estimates of income and expenditure to be prepared annually by Commissioner.
Section 96. Budget estimates to be prepared by Standing Committee.
Section 97. Estimates of expenditure and income of the Transport Undertaking to be prepared annually by Transport Manager.
Section 98. Budget Estimate “B” to be prepared by Transport Committee.
Section 99A. Deleted.
Section 99B. Deleted.
Section 99C. Deleted.
Section 99D. Deleted.
Section 100. Final adoption of budget estimates.
Section 100A. Estimates of income and expenditure deemed to be budget estimates.
Section 101. Corporation may increase amount of budget grants and make additional grants.
Section 102. Provisions as to unexpended budget grants.
Section 103. Reductions or transfers.
Section 104. Readjustment of income and expenditure to be made by the Corporation during course of official year whenever necessary.
Section 105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the Standing Committee.
Section 106. Report by the Chief Auditor.
Section 107. Application of sections 105 and 106 to accounts of Transport Fund.
Section 107A. Power of State Government to require audit by Director, Local Fund Accounts Audit.
Section 108. A special audit may be directed by State Government.
Section 109. Powers of Corporation to borrow money.
Section 109A. Restrictions on utilisation of Funds created by Corporation.
Section 110. Power of Corporation to borrow from banks against public securities.
Section 111. When and how loan shall be repaid.
Section 112. Maintenance and application of sinking fund.
Section 113. Investment of sinking fund.
Section 114. Investment of sinking fund and surplus moneys in debentures issued by Corporation.
Section 115. Annual examination of sinking funds.
Section 116. Provisions for loans raised before the appointed day.
Section 117. Attachment of Municipal Fund or Transport Fund in default of repayment of loan.
Section 118. Form of debentures.
Section 119. Coupons attached to debentures to bear signature of Chairman of Standing Committee and Commissioner.
Section 120. Debentures issued to two or more persons jointly.
Section 121. Issue of duplicate securities.
Section 122. Renewal of debentures.
Section 123. Liability in respect of debenture renewed.
Section 124. Discharge in certain cases.
Section 125. Indemnity.
Section 126. Annual statement to be prepared by Commissioner.
Section 127. Taxes to be imposed under this Act.
Section 128. Manner of recovering municipal taxes.
Section 128A. Property taxes what to consist.
Section 129. Property taxes leviable on rateable value, or on capital value, as the case may be, and at what rate.
Section 129-1A. Levy of property tax at reduced rates in respect of buildings and lands of Special Development Projects.
Section 129-2A. Transitory provisions in respect of property taxes on capital value.
Section 129A. Temporary provision for levying general tax at reduced rate in area of Zilla Parishad included in a larger urban area.
Section 130. Water tax on what premises levied.
Section 131. Conservancy tax or sewerage tax on what premises to be levied.
Section 132. General tax on what premises to be levied.
Section 133. Payments to be made to Corporation in lieu of general tax by State Government.
Section 133A. Power to remit property taxes in case of buildings occupied by persons affected by natural calamities, etc.
Section 134. Fixed charges and agreements for payments in lieu of taxes for water supplied.
Section 135. Government to be charged for water by measurement.
Section 136. Supply of water at public drinking fountains, etc., not to be taxed.
Section 137. Conservancy tax or sewerage tax and sewerage benefit tax may be fixed at special rates in certain cases.
Section 139. Primary responsibility for property taxes on whom to rest.
Section 140. When occupiers may be held liable for payment of property taxes.
Section 140A. Rebate in property tax for advance payment.
Section 140B. Rebate or remission in property tax for implementing ecologically beneficial scheme.
Section 141. Property taxes to be a first charge on premises on which they are assessed.
Section 142. Tax on vehicles, boats and animals.
Section 143. Exemptions from the tax.
Section 144. Livery-stable keepers and others may be compounded with.
Section 145. Power to inspect stables and summon persons liable to the tax.
Section 146. Deleted.
Section 147. Articles imported for immediate exportation.
Section 148. Exemptions from theatre tax.
Section 148A. Levy of education cess.
Section 148B. Payment to be made to Corporation in lieu of education cess by State Government.
Section 149. Procedure to be followed in levying other taxes.
Section 148C. Levy of street tax.
Section 149. Procedure to be followed in levying other taxes.
Section 149A. Additional Stamp duty on certain transfers of immovable properties in municipal areas.
Section 149B. Additional Stamp duty on certain transfers of immovable properties in City having notified projects.
Section 150. Any tax imposable under this Act may be increased or newly imposed by way of imposing supplementary taxation.
Section 150A. Power to assess in case of escape from assessment.
Section 151. Refunds of taxes how obtainable.
Section 152. Writing off of irrecoverable taxes.
Section 152-1A. Power of Corporation to grant rebate for payment of arrears of tax.
Section 152A. Deleted.
Section 152B. Deleted.
Section 152C. Deleted.
Section 152D. Deleted.
Section 152E. Deleted.
Section 152F. Deleted.
Section 152G. Deleted.
Section 152H. Deleted.
Section 152I. Deleted.
Section 152J. Deleted.
Section 152K. Deleted.
Section 152L. Deleted.
Section 152M. Deleted.
Section 152N. Deleted.
Section 152O. Deleted.
Section 152P. Deleted.
Section 152Q. Deleted.
Section 152R. Deleted.
Section 152S. Deleted.
Section 152T. Deleted.
Section 153. Drains to be constructed and kept in repair by the Commissioner.
Section 154. Adoption by Corporation of drains and drainage or sewage disposal works.
Section 155. Powers for making drains.
Section 156. Alteration and discontinuance of drains.
Section 157. Cleansing drains.
Section 158. Power to connect drain of private street with municipal drain.
Section 159. Right of owners and occupiers of buildings and lands to drain into municipal drain.
Section 160. Powers of Commissioner to require drain or proposed drain to be so constructed as to form part of general system.
Section 161. Connections with municipal drains not to be made except in conformity with section 158 or 159.
Section 162. Right of owners and occupiers of premises to carry drain through land belonging to other persons.
Section 163. Owner of land to allow others to carry drains through the land.
Section 164. Commissioner may enforce drainage of undrained premises situate within hundred feet of municipal drain.
Section 165. Commissioner may enforce drainage of undrained premises not situate within hundred feet of municipal drain.
Section 166. Special provisions relating to trade effluent.
Section 167. Special provisions relating to trade effluent.
Section 168. Commissioner may close or limit the use of existing private drains.
Section 169. Vesting and maintenance of drains for sole use of properties.
Section 170. Right of Corporation to drains, etc., constructed, etc., at charge of Municipal Fund on premises not belonging to Corporation.
Section 171. New building not to be erected without drains.
Section 172. Obligation of owners of drains to allow use or joint ownership to others.
Section 173. How right of use or joint ownership of a drain may be obtained by a person other than the owner.
Section 174. Sewage and rain water drains to be distinct.
Section 175. Affixing of pipes for ventilation of drains, etc.
Section 176. Appointment of places for emptying of drains and disposal of sewage.
Section 177. Provision of means for disposal of sewage.
Section 178. Construction of water-closets and privies.
Section 179. Water-closets and other accommodation in buildings newly erected or re-erected.
Section 180. Public necessaries.
Section 181. Drains, etc., not belonging to Corporation to be subject to inspection and examination.
Section 182. Power to open ground, etc., for purposes of inspection and examination.
Section 183. Expenses of inspection and examination.
Section 184. Commissioner may require repairs, etc., to be made.
Section 185. Cost of inspection and execution of works in certain cases.
Section 185A. Responsibility of owner or occupier to keep and maintain exterior of building in good condition.
Section 186. Prohibition of acts contravening the provisions of the Act, rules or by-laws or done without sanction.
Section 187. Water closets etc., not to be injured or improperly fouled.
Section 188. Commissioner may execute certain works under this Act without allowing option to persons concerned of executing the same.
Section 189. Water supply.
Section 190. Inspection of municipal water works by persons appointed by State Government.
Section 191. Power of access to municipal water works.
Section 192. Power of carrying water-mains, etc.
Section 193. Fire-hydrants to be provided.
Section 194A. Obligation of Corporation to partake common facility.
Section 195. Buildings, etc., not to be erected over municipal water-main without permission.
Section 196. Vesting of public drinking fountains, etc., in the Corporation.
Section 197. Public drinking fountains, etc., may be set apart for particular purposes.
Section 198. Conditions as to use of water not to be contravened.
Section 199. Water pipes, etc., not to be placed where water will be polluted.
Section 200. Prohibition of fraudulent and unauthorised use of water.
Section 201. Prohibition of fraudulent and unauthorised use of water.
Section 202. Vesting of public streets in Corporation.
Section 203. Power of Commissioner in respect of public streets.
Section 204. Disposal of land forming site of closed streets.
Section 205. Power to make new public streets.
Section 206. Minimum width of new public streets.
Section 207. Power to adopt, construct or alter any sub-way, bridge, etc.
Section 208. Power to prohibit use of public streets for certain kinds of traffic.
Section 209. Power to acquire premises for improvement of public streets.
Section 210. Power to prescribe street lines.
Section 210. Power to prescribe street lines.
Section 211. Setting back buildings to the regular line of the street.
Section 212. Additional power of Commissioner to order setting back of buildings to regular line of street.
Section 213. Acquisition of open land or of land occupied by platforms, etc., within regular line of street.
Section 214. Acquisition of the remaining part of building and land after their portions within a regular line of the street are acquired.
Section 215. Setting forward of buildings to the line of the street.
Section 216. Compensation to be paid and betterment charges to be levied.
Section 217. Notice to be given to Commissioner of intention to lay out lands for building and for private streets.
Section 208. Commissioner may call for further particulars.
Section 219. Commissioner may require plans to be prepared by licensed surveyor.
Section 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.
Section 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.
Section 222. Renewal of notice of intention to carry out works not executed in pursuance of approval given under section 220.
Section 223. Levelling and draining of private streets and means of access.
Section 224. Power to declare private streets when sewered, etc., public streets.
Section 225. Applicability of sections 223 and 224 when a street is in part public and in part private.
Section 226. Prohibition of projections upon streets, etc.
Section 227. Projections over streets may be permitted in certain cases.
Section 228. Ground floor doors, etc., not to open outwards on streets.
Section 229. Prohibition of structures or fixtures which cause obstruction in streets.
Section 230. Prohibition of deposit, etc., of things in streets.
Section 231. Commissioner may, without notice remove anything erected, deposited or hawked or exposed for sale in contravention of Act.
Section 232. Power to require removal of any structure or fixture erected or set-up before the appointed day.
Section 233. Prohibition of tethering of animals in public streets.
Section 234. Commissioner may permit booths, etc., to be erected on streets on festivals.
Section 235. Street when broken up for any municipal purposes to be restored without delay.
Section 236. Commissioner may close street in which work is in progress.
Section 237. Commissioner to provide for traffic, etc., pending execution of municipal work in any street.
Section 238. Precautions to be taken for public safety whilst municipal works are in progress in any street.
Section 239. Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
Section 240. Precautions for public safety to be taken by persons to whom permission is granted under section 239.
Section 241. Persons to whom permission is granted under section 239 must reinstate streets, etc.
Section 342. Management of Undertaking by Transport Manager.
Section 343. Levy of fares and charges for transport services.
Section 344. Acquisition of immovable property.
Section 345. Provisions governing disposal of municipal property.
Section 346. Statement of permanent officers and servants to be prepared by Transport Manager and sanctioned by Transport Committee.
Section 347. Restriction on appointment of permanent officers and servants.
Section 348. Creation of temporary posts.
Section 349. Power of appointment in whom to vest.
Section 350. Leave of absence.
Section 351. Constitution of Transport Fund.
Section 352. Transport Manager to receive payments on account of Transport Fund and to lodge them in bank.
Section 353. How Transport Fund shall be drawn against.
Section 354. Deposit of portion of Transport Fund may be made with bank or agency out of City when convenient
Section 355. Only sums covered by budget grant to be expended from Transport Fund.
Section 356. Procedure when money not covered by budget grant is expended under clause (c), (d) or (e) of sub-section (2) of section 355.
Section 357. Purposes for which Transport Fund is to be applied.
Section 358. Investment of surplus moneys.
Section 359. Fixed annual payment to Municipal Fund.
Section 360. Disposal of surplus balance of revenue.
Section 361. Accounts of the Transport Undertaking.
Section 362. Preparation of annual administration report and statement of accounts.
Section 363. Appointment of Registrars.
Section 364. Register books to be maintained.

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
01-07-2019	Generator of municipal solid waste and to every premise under the ownership or occupation of any person/institute within the limits of the Municipal Corporations.
06-11-2023	Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2023