Maharashtra Municipal Corporations Act
No: 59 Dated: Dec, 29 1949
THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT
ACT No. LIX OF 1949
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.
Whereas, it is expedient to provide for the establishment of municipal corporations for all larger urban areas except that of Brihan Mumabi in the State of Maharashtra with a view to ensure a better municipal government of the said larger urban areas; It is hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the The Maharashtra Municipal Corporations Act
(2) It extends to the areas of Municipal Corporation constituted or deemed to be constituted under the Act.
2. Definitions. - In this Act, unless there be something repugnant in the subject or context, -
(1) "Appendix" means an Appendix to this Act;
(2A) "approved co-operative bank" means such co-operative Bank registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925, as may be approved by the State Government by general or special order;
(2A-1) "area", in relation to the Area Sabha, means an area determined under section 29B;
(2A-2) "Area Sabha" means the body of all the persons registered in the electoral rolls pertaining to all polling booths in the area;
(2B) "Assembly Constituency" means a constituency provided by law for the purpose of elections to the Maharashtra Legislative Assembly, or any part thereof which is for the time being comprised in the City;
(2C) "Assembly roll" means the electoral roll prepared for any Assembly constituency in accordance with the provisions of the Representation of the People Act, 1950;
(3) "backery or bake-house" means any place in which bread, biscuits or confectionery are baked, cooked or prepared in any manner whatsoever for the purposes of sale or profit;
(3A) "Backward Class of citizens" means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;
(4) "budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by rules and adopted by the corporation, and includes any sum by which such budget grant may be increased or reduced by a transfer from or to other heads in accordance with the provisions of this Act and rules;
(5) "building" includes a house, out-house, stable, shed, but and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls and fencing and the like;
(5A) "business" includes, -
(a) any trade, commerce, profession, consumption or manufacture or any adventure or concern in the nature of trade, commerce, profession, consumption or manufacture, whether or not such trade, commerce, profession, consumption, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, profession, consumption, manufacture, adventure of concern and whether or not there is any volume, frequency, continuity or regularity in such trade, commerce, profession, consumption, manufacture, adventure or concern;
(b) any transaction in connection with, or incidental or ancillary to, such trade, commerce, profession, consumption, manufacture, adventure or concern, whether or not such transaction is in respect of capital assets and whether or not it is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction, and whether or not, there is any volume, frequency, continuity or regularity in such transaction;
(c) any occasional transaction in the nature of such trade, commerce, profession, consumption, manufacture, adventure or concern involving import, purchase or sale of goods in the City, whether or not there is any volume, frequency, continuity or regularity to such transaction and whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction;
(d) any transaction in connection with, or incidental or ancillary to, the commencement or closure of such trade, commerce, profession, consumption, manufacture, adventure or concern, whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction.
Explanation. - For the purposes of this clause, the activities of raising of man-made forests or rearing of seedlings or plants shall be deemed to be a business;
(6) "bye-law" means a bye-law made under Section 458;
(7) "cesspool" includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;
(7A) "Chairperson of Area Sabha" means the Councillor of the concerned electoral ward;
(8) "City" means the larger urban area specified in a notification issued in respect thereof under clause (2) of article 243-Q of the Constitution of India or under sub-section (2) of section 3 of the Act, forming a City, and in respect of the City of Nagpur means, the area comprised in the City of Nagpur on the date of commencement of the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur Corporation (Repeal) Act, 2011.
(9) "the Commissioner" means the Municipal Commissioner for the City appointed under section 38 and includes an acting Commissioner appointed under section 39;
(10) "Corporation" means the Municipal Corporation constituted or deemed to have been constituted for a larger urban area known as a City;
(11) "Councillor" means a person duly elected as a member of the Corporation; and includes a nominated Councillor who shall not have the right, -
(i) to vote at any meeting of the Corporation and Committees of the Corporation; and
(ii) to get elected as a Mayor of the Corporation or a Chairperson of any of the Committees of the Corporation;
(12) "cubical contents" when used with reference to the measurement of a building means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey or where the building consists of one storey only, the upper surface of its floor;
(13) "dairy" includes any farm, cattle-shed, milk store, milk shop, or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured into butter, ghee, cheese, curds or dried or condensed milk for sale and in the case of a dairyman who does not occupy any place for the sale of milk, includes the place where he keeps the vessels used by him for the sale of milk but does not include a shop or other place in which milk is sold for consumption on the premises only;
(14) "dairyman" includes the keeper of a cow, buffalo, goat, ass or other animal the milk of which is offered or intended to be offered for sale for human consumption, and any surveyor of milk and any occupier of a dairy;
(15) "dairy produce" includes milk, butter, ghee, curd, butter milk, cream, cheese and every product of milk;
(16) "dangerous disease" means cholera, plague, small-pox or any other epidemic or infectious disease by which the life of human beings is endangered and which the Corporation may from time to time by public notice declare to be a dangerous disease;