THE BOMBAY MUNICIPAL SERVANTS ACT, 1890 [Act No. 5 of 1890][1] [15th January, 1891] PREAMBLE Adapted and modified by the Adaptation of Indian Laws Order in Council. Amended by Bom. 8 of 1950. Adapted and modified by the Adaptation of Laws Order, 1950. WHEREAS it is expedient to make better provision in [2][Greater Bombay] and elsewhere for the enforcement of regulations regarding certain classes of municipal servants whose functions intimately concern the public health or safety, and regarding the duties, withdrawal from duty, and leave of such servants; It is enacted as follows:- ________________ [1] For Statement of Objects and Reasons, see Bombay Government Gazette, 1890, Part V, p.60; for Report of Select Committee, see ibid, 1890, p.103; and for proceedings in Council, see ibid, 1890, pp. 77, 100 and 127. [2] These words were substituted for the words "the City of Bombay" by Bom. 17 of 1945, s. 9, read with Bom. 8 of 1950.
View Complete Act List Judgments citing this section(1) The Act may be cited as the Bombay Municipal Servants Act. (2) It shall come into force in [1][Greater Bombay] at once. (3) The [2][[3][State Government] may, by [4]notification, extend all or any of its provision, on and after a day not less than two months after the date of such notification, to any municipal district in the Bombay Presidency. [5][It] may also cancel or vary such notification consistently with the provisions of this Act. ____________________ [1] These words were substituted for the words "the City of Bombay" by Bom. 17 of 1945, s. 9, read with Bom. 8 of 1950. [2] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. [3] This word was substituted for the words "Provincial" by the Adaptation of Laws Order, 1950. [4] For notification extending the provisions of the Act to certain municipal districts, see Bombay Rules and Orders. [5] The word "It" was substituted for the word "He" by the Adaptation of Indian Laws Order, in Council.
View Complete Act List Judgments citing this section(1) Unless there be something repugnant in the subject or context, all words used in this Act shall have respectively the meanings assigned to them in the City of Bombay Municipal Act, 1888. (2) Act to be read with Municipal Acts in force.- This Act shall, in so far as it [1][affects Greater Bombay], be read with the City of Bombay Municipal Act, 1888, and in so far as it affects any other part of the Presidency of Bombay, shall be read with the [2]Bombay District Municipal Acts, 1873 and 1884. ______________ [1] These words were substituted for the words "affects the City of Bombay" by Bom. 17 of 1945, Section 9, read with Bom. 8 of 1950. [2] See now the Bombay District Municipal Act, 1901, which repealed these Acts.
View Complete Act List Judgments citing this section.....of pay due for a term of not more than one month, and in addition to such forfeiture and any other penalty which may be imposed on him under any enactment or rule for the time being in force, shall be liable, on conviction, by a Magistrate, to imprisonment which may extend to three months or to fine, or to both imprisonment and fine: Provided that if any such officer, servant or other person produces a certificate signed by the medical officer appointed in the City of Bombay by the Commissioner, and elsewhere by the Municipality in this behalf of a present incapacity to perform his duties which will probably endure for a month or more, the necessary permission to resign shall forthwith be granted: Provided further that no fee shall be taken from a person on account of such certificate as aforesaid or of examination in connection therewith. (2) The provisions of clauses (a) and (b) of sub-section (1) shall not apply to persons at the date of the passing of this Act in the employment of the Corporation or of a Municipality until the lapse of two months from such date. __________________ [1] These words were substituted for the words "the City of Bombay" by Bom. 17 of.....
View Complete Act List Judgments citing this section(1) The Commissioner or officer authorised by the Municipality under section 3 (a), may,- (a) at his discretion, accept any resignation to take effect at a time less than two months from the date thereof, or, (b) at any time after any municipal officer, servant or other person employed as aforesaid, has tendered his resignation, dispenses with the services of such officer, servant or person. (2) Any such officer, servant or other person whose services are dispensed with under sub-section (1), clause (b), shall, subject to any agreement in writing previously made between him and the Corporation or Municipality or its representative, be entitled, in addition to any wages which he may have earned at the date of tendering his resignation, to fifteen, days' wages or to wages for such period longer than fifteen days, as his services may, after such tender of resignation, have been retained by the officer authorised in that behalf.
View Complete Act List Judgments citing this section.....included in the Schedule to this Act, and from the date fixed on that behalf in such notification the provisions of section 3 shall apply to all persons employed by, or on behalf of the Corporation or a Municipality to perform any duty of the class so specified in such notification. (2) The [2][[1][State] Government] may withdraw such notification and may from time to time cancel or vary the same consistently with the preceding clause and with the other provisions of this Act, and may also limit the operation of any notification to any Municipality or place wherein this Act is in operation. ________________ [11] The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. [2] The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
View Complete Act List Judgments citing this sectionEvery person employed by, or on behalf of the Corporation or a Municipality to perform any of the duties set forth in the Schedule, shall, on entering the service, and every person now so employed shall forthwith, receive grants, and shall at any time thereafter, on payment of one anna, [1][be entitled to receive in Greater Bombay] from the Municipal Commissioner for the City of Bombay and elsewhere from the President of a municipality, a copy of this Act and of the notification issued thereunder, applicable to such person or to the class to which he belongs, in the English, Marathi, Gujarati, Canarese or Sindhi language. ________________ [1] These words were substituted for the words "be entitled to receive in the City of Bombay" by Bom. 17 of 1945, Section 9, read with Bom. 8 of 1950.
View Complete Act List Judgments citing this sectionSCHEDULE (VIDE SECTION 3) Duties which render the provisions of section 3 applicable to the persons employed by, or on behalf of, the Corporation or a Municipality to perform them Class I.- Duties connected with the public health: (a) scavenging or cleansing streets or premises, (b) cleansing or flushing drains, (c) removing or disposing of excrementitious or polluted matter from houses, latrines, prives, urinals, or cesspools. (d) removing carcasses, (e) preventing nuisances generally. Class II.- Duties connected with the public safety. Duties of- (a) members of a fire-brigade, (b) persons, however designated, employed on, or in connection with the maintenance or service of any municipal water-works, drain, pumping station or fire hydrant, including- (1) inspectors, (2) sub-inspectors, (3) foremen, (4) mechanics, (5) drivers, (6) watchmen, (7) labourers, (8) workmen, (c) lamp-lighters.
View Complete Act List Judgments citing this sectionPreamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender
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