This document highlights a significant legal clarification regarding how to obtain information from the Brihanmumbai Municipal Corporation (BMC). It explains that Section 63 of the Mumbai Municipal Corporation (MMC) Act cannot be used by citizens to obtain records or data from BMC departments. Instead, Section 545 should be used to request information. The clarification was provided in response to a case involving the BMC’s Assessment & Collection Department, where the Public Information Officer (PIO) rejected an RTI (Right to Information) request made under Section 63, stating it was not applicable for general citizens.

The Maharashtra State Information Commission supported the PIO’s decision, emphasizing that only BMC officials are allowed to act under Section 63, and that citizens must use Section 545 to access departmental information.

This ruling is crucial because many citizens mistakenly invoke Section 63 while seeking official data. The Commission pointed out that using Section 63 for such requests is legally incorrect and not binding on the department to respond. It also clarifies the responsibilities of both officers and citizens under the RTI framework.

The clarification ensures better legal compliance and reduces misuse of legal provisions by clearly distinguishing which section of the MMC Act applies to whom, thereby streamlining the process of information access from the BMC.