State Act

The Mumbai Municipal Corporation Act.

461. 3[By-laws for purposes other than the 4[Brihan Mumbai Electric Supply and Transport Undertakings]].— The corporation may from time to time make by-laws, not inconsistent with this Act, with respect to the following matters, namely:— (a) regulating, in any particular not specifically provided for in this Act, the construction, maintenance and control of drains, ventilation-shafts or pipes, cesspools, water-closets, privies, latrines, urinals, drainage-works of every description, whether belonging to the Corporation or to other persons, municipal water-works, private communication-pipes and other public streets; (b) regulating all matters and things connected with the supply and use of water; (c) the structure of walls, foundations, roofs and chimneys, 5[the number, width and position of staircases, corridors and passages,] 6[the materials, dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns] of 7[* * * *] buildings, for securing stability and the prevention of fires 8[and the safety of the inmates in the event of fire] and for purposes of health; 9[(cc) the construction of scaffolding for building operations to secure the safety of the operatives and of the general public;] (d) the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings; 10[(dd) the provision and maintenance of suitable means of access to buildings;] (e) the provision and maintenance of house-gullies; 11[(ee) collection, removal and disposal of solid waste;] (f) the control and supervision of all premises, used for any of the purposes mentioned in section 394, and of all trades and manufactures carried on therein 12[and the prescribing and regulating of the construction dimensions, ventilation, lighting, cleansing, drainage and water supply of any such premises;] (g) the inspection of milch-cattle and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water-supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy men or milk-sellers; (h) securing the cleanliness of milk-stores, milk-shops and milk-vessels used by such persons for containing milk; (j) requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing precautions to be taken for protecting milch cattle and milk against infection or contamination; (k) securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold; (l) the control and supervision of butchers carrying on business within the city or at a municipal slaughter-house outside the city; (m) regulating the use of any municipal market-building, market place or slaughter-house or any part thereof; 1[(ma) regulating the purchase and sale of and conditions of trading in, agricultural produce 2[, animals, elegant or exotic birds and elegant or exotic fishes (except those animals, birds and fishes prohibited under the Wildlife (Protection) Act, 1972 (53 of 1972) or under any other law for the time being in force)] specified in Schedule JJ in municipal and private market and establishment of markets for such produce;] (n) controlling and regulating the sanitary condition of market and slaughterhouses and preventing the exercise of cruelty therein; 3[(nn) controlling and regulating the carriage or removal of fish through public streets by fish-vendors]; 4[(o) 5[* * * * * *] (ii) publishing a price current;] 6[(oo) the licensing of hand-carts, other than those exempted from taxation under section 181 or those plying for hire in respect of which licences have been issued under 7[Bombay Act VI of 1863 and the seizure and detention of any such hand-carts that have not been duly licensed;] (p) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary conditions, due regard being had to the religious usages of the several classes of the community; (q) facilitating and securing complete and accurate registration of births and deaths; (r) the registration of marriage; (s) facilitating when requisite the taking of a census and securing accurate returns; 8[(t) regulating delegation of powers and duties of the Standing Committee, the Improvements Committee and the Education Committee to sub-committee;] 9[(u) the constitution of Primary Education Consultative Committee appointed under section 39;] (v) determining the constitution, powers and duties of any committee which the Corporation may appoint under section 40 or 41;] 1[(vv) securing the protection of public parks, gardens and open spaces vested in or under the control of the corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them;] 2[(w) the administration and management of the municipal primary schools and the recognising and aiding of schools for primary education;] 3[(ww) the conditions subject to which a lease of immovable property may be granted at a concessional rent to a Co-operative Housing Society of municipal officers and servants or a public trust for charitable purposes under clause (dd) of section 92;] 4[(x) the management, use and regulation of dwellings constructed for the poorer or working classes under any scheme duly sanctioned under the 5[City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925;] (y) the conditions on which loan shall be advanced and the form of application 6[for loans under section 349W or 354WA]; 7[* * * *] 8[(yy) the officers and servants of the Corporation who shall be eligible for housing loans and the form of application to be made for such loans under section 354WBB, the adjoining areas for the purposes of that section, and the conditions on which such loans may be granted;] 9[(yya) regulation of all matters connected with traffic system and traffic demand measures including installation and maintenance of “equipment system”. Explanation.— For the purposes of this clause, an “equipment system” means traffic signals and associated equipment like data communication network, Controllers, central monitoring equipment and all other equipments required for traffic control and enforcement;] 10[(z)] carrying out generally the provisions and intentions of this Act: 11[Provided that in the suburbs 12[or extended suburbs] or in any part thereof, the corporation shall have the power to impose under by-laws such special conditions as it may deem fit to impose in respect of matters falling under clauses (a), (b), (c) and (e) of this section and under section 349E].