State Act

66

Section 66. Corporation may require the Commissioner to produce documents and furnish returns, reports, etc.

The Mumbai Municipal Corporation Act.

Act no. 3 of 18881888In forceMaharashtra (State Act)

66. Corporation may require the 2[Commissioner] to produce documents and furnish returns, reports, etc.— (1) The corporation may at any time require the 3[Commissioner]— (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as 4[Commissioner], or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal government of 5[Brihan Mumbai] 6[except in regard to 7[the Brihan Mumbai Electric Supply and Transport Undertaking];] (c) to furnish a report by himself or to obtain from any head of a department subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the Municipal Government of 8[Brihan Mumbai] 9[except in regard to the 10[Brihan Mumbai Electric Supply and Transport Undertaking]]. (2) 11[Except as is hereinafter provided, every] such requisition shall be complied with by the 12[Commissioner] without unreasonable delay; and it shall be incumbent on every municipal officer and servant to obey any order made by the Commissioner in pursuance of any such requisition. (3) Provided that if, on such requisition as aforesaid being made, the 13[Commissioner] shall declare that immediate compliance therewith would be prejudicial to the interests of the corporation or of the public, it shall be lawful for him to defer such compliance until a time not later than the second ordinary meeting of the corporation after he shall have declared as aforesaid. If at such meeting or any meeting subsequent thereto, the corporation shall repeat the requisition, and it shall then still appear to the 14[Commissioner] inexpedient to comply therewith, he shall make a declaration to that effect, whereon it shall be lawful for the corporation 15[to elect one councillor, who with the Mayor and the Chairman of the Standing Committee (or, if the Mayor is also Chairman of the Standing Committee, with the Mayor and one member of their own body elected by the Standing Committee) shall form a Committee] who shall engage to keep secret save as thereinafter provided, the existence and purport of such documents and matter as may be disclosed to them; and to the said committee the 16[Commissioner] shall be bound to make known and to disclose all writings and matters within his knowledge, under his control, or available to him, and embraced within the requisition ; and the said committee having taken cognizance of the information, writings and matters so laid before them shall determine, by a majority in case of difference, whether or not the whole or any part, and which part, if any of such matters ought to be disclosed to the Corporation or kept secret for a defined time, which decision shall be conclusive and shall be reported to the Corporation at the next ordinary meeting thereof, where also the 1[Commissioner] shall be prepared to produce documents and to make any report or statement requisite to give effect to the decision of the Committee when called on to do so by the Corporation. 2[(4) The heads of departments subordinate to the 3[Commissioner] are the City Engineer, the Hydraulic Engineer, the Executive Health Officer, the Assessor and Collector, the Chief Accountant and the Education Officer.] 4[(5) In their application to matters relating to the 5[Brihan Mumbai Electric Supply and Transport Undertaking] the provisions of sub-sections (1), (2) and (3) shall have effect as if for the word 6[Commissioner] the words “General Manager” and for the words “Standing Committee” the words “7[Brihan Mumbai Electric Supply and Transport Committee]” had been substituted.]