In a few days, a new set of corporators will begin taking decisions in India’s richest municipal corporation, one that has an annual budget higher than some small states. But they will be contending with some rather interesting parts of an Act drawn up in 1888 that governs the entire city and chalks out duties, responsibilities and penalties for what was the Bombay Municipal Corporation. Like the city, the Act has changed its name — it is now the Mumbai Municipal Corporation Act, 1888 — and it has been modified, the last time on December 8, 2011. But some of the laws, and the penalties for non-compliance, seem to have been overlooked, and perhaps Maharashtra’s legislature needs to give it another go.
For instance, migrants coming in to the city of dreams with second-hand clothing and bedding, and who do not inform the Commissioner about it and do not get it inspected, will be fined ₹1000. It simply isn’t realistic to be able to implement this law, given the number of people coming into the city on any day.
Pet-lovers in the city might be surprised to learn that a tax not exceeding ₹7 per annum shall be levied on any dog under the age of six months, and the owner or person in charge is expected to declare it in writing to the commissioner. Also, if any dogs are found or reported to be a source of nuisance to the residents of any building, the commissioner or any another authorised person shall seize the dogs.
Then there are fines so low that they need to be made more realistic to be any kind of deterrent.
No person shall keep swine in Mumbai without the written permission of the commissioner or in conformity with permission. Any swine found straying will be forthwith destroyed and the carcass be disposed of as directed by the Commissioner.
There is a prohibition on tethering animals on the streets and those found doing so will have to pay a fine of ₹20.
The Mumbai Municipal Commissioner may, from time to time, set apart portions of the seashore or other suitable places vesting in the Corporation for use by the public for bathing, for the washing of animals or for drying clothes and those that do not abide by this will have to pay a fine of ₹50.
If water meant for public supply is put up for sale or carried in casks etcetera without permission, ₹50 will have to be paid to the municipal corporation.
Hawking articles for sale in a public place or street without a licence is prohibited and the guilty will be made to pay ₹50 to the corporation. Any sky-signs [what is a sky-sign?] erected or retained in the city without the permission of the corporation will lead to a fine of ₹100.
“These laws are very old and the time has come that they need to be changed,” says Gyanmurthi Sharma, former law committee chairman of the corporation, “The penalties and punishments attached to many provisions are very low and have to be revised. What happens is because the fine is very low, a lot of officers tend to misuse it.”
