State Act

The Mumbai Municipal Corporation Act.

8[66A. Right to ask questions.— (1) Subject to any regulations made in this behalf under section 36, a councillor may question the 9[Commissioner] who shall answer any question concerning or connected with the administration of this Act or the Municipal Government of 10[Brihan Mumbai]: Provided that— (a) not less than seven clear days’ notice in writing specifying the question has been given to the Municipal Secretary; (b) no question shall be asked— (i) which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical propositions; or (ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of 11[the territory of India]; or (iii) which relates to the character or conduct of any Municipal Officer or servant except in his official or public capacity; or (iv) which is or by implication may be, defamatory of or which makes or implies a charge of a personal character against any person or section of any community; or (v) which contravenes any regulation made by the Corporation in this behalf under section 36. (2) The 12[Mayor] shall disallow any question which is, in his opinion, in contravention to the provisions of sub-section (1). (3) If any doubt arises whether any question is or is not within the restrictions imposed by sub-section (1), the 13[Mayor] shall decide the point and his decision shall be final. (4) The 1[Mayor] shall not be bound to answer a question if in his opinion it cannot be answered without detriment to the interests of the Corporation or if, it asks for information which has been communicated to him in confidence.] 2[(5) The General Manager shall without unreasonable delay furnish the 3[Commissioner] with such information relating to the 4[Brihan Mumbai Electric Supply and Transport Undertaking] as he may require for the purpose of answering any question under this section.]