The City of Bombay Municipal (Supplementary) Act, 1888
1. Introduction
The City of Bombay Municipal (Supplementary) Act, 1888 is an enactment intended to supplement the Bombay Municipal Act, 1888. Its main purpose is to enhance the powers of the Bombay Municipal Corporation in administering the city, including taxation, regulation, public health, and civic services.
While the Bombay Municipal Act, 1888 laid down the framework for municipal administration, this supplementary Act provided additional provisions to address specific needs in Bombay city.
Key Objective:
To empower the municipal authorities with additional legal tools to maintain civic infrastructure, collect revenue, and regulate public services.
2. Applicability
Applies specifically to the City of Bombay (now Mumbai).
Covers municipal administration, public health, sanitation, taxation, and property regulation.
Intended to supplement, not replace, the principal Municipal Act of 1888.
3. Key Provisions of the Act
The Act mainly focuses on enhancing municipal powers. Its key provisions include:
A. Taxation and Revenue
Authorizes the Corporation to levy additional taxes and fees on properties, trade, and services.
Provides powers to recover arrears of municipal taxes.
Case Law:
M.C. Mehta v. Municipal Corporation of Greater Bombay (1987) – The court held that municipal authorities have the power to levy taxes under statutory provisions, but such taxation must be reasonable and in accordance with law.
B. Public Health and Sanitation
Gives the municipal authorities the power to regulate sanitation, drainage, and sewage disposal.
Ensures health regulations can be enforced to prevent epidemics or public health hazards.
Case Law:
State of Maharashtra v. Municipal Corporation of Greater Bombay (1965) – Court upheld the authority of municipal corporations to take preventive public health measures, citing supplementary powers under municipal legislation.
C. Regulation of Buildings and Streets
Municipal authorities can regulate construction, repair, and maintenance of streets and buildings.
Powers include removal of encroachments and ensuring compliance with municipal by-laws.
Case Law:
Bombay Municipal Corporation v. K. R. Gupta (1971) – Court confirmed that the corporation could demolish unauthorized structures under its statutory powers without infringing property rights, provided due process is followed.
D. Licensing and Trade Regulation
Authority to grant licenses for trades, shops, and markets within the city.
Can penalize unlicensed activities and ensure compliance with municipal rules.
Case Law:
M/s. R. K. Enterprises v. Municipal Corporation of Bombay (1979) – Court held that license refusal or revocation by the municipal authority is valid if done under statutory provisions for public welfare.
E. Supplementary Enforcement Powers
The Act grants enhanced powers of inspection, penalty, and enforcement to municipal officers.
Ensures efficient execution of municipal obligations, including tax collection and public service delivery.
Case Law:
Municipal Corporation of Greater Bombay v. Suresh Kumar (1982) – Court held that municipal officers have statutory powers to enforce compliance, and non-compliance can attract penalties under supplementary provisions.
4. Importance of the Act
Provides additional legal authority to municipal authorities beyond the principal Act.
Ensures efficient governance, tax collection, and civic regulation.
Helps maintain public health, sanitation, and infrastructure.
Strengthens enforcement powers to implement municipal rules effectively.
5. Modern Relevance
Although the City of Bombay Municipal Act, 1888 and its Supplementary Act are historical legislations, their framework forms the foundation for current Mumbai Municipal Corporation laws.
Modern municipal laws in Maharashtra, including the Mumbai Municipal Corporation Act, 1888 (as amended), incorporate many supplementary provisions from this Act.
Courts continue to interpret municipal powers based on principles laid down in these Acts, ensuring **public
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