The Chief Municipal Executive Officer/Municipal Executive Officer shall Period for completion

while sanctioning the erection of a building or the execution of a work, specify of building or work. a reasonable period within which the building or the work is to be completed

and if the building or the work is not completed within the period so specified, it

shall not be continued thereafter without fresh sanction obtained in the manner

hereinbefore provided, unless the Chief Municipal Executive Officer/ Municipal

Executive Officer on an application made in this behalf, allows an extension of

such period.

350. (1) Where the erection of any building or the execution of any work has Order of demolition been commenced or is being carried on or has been completed without or and stoppage of contrary to the sanction referred to in section 344 or in contravention of any of buildings or work in the provisions of this Act or the rules or the regulations made thereunder, the certain cases and Chief Municipal Executive Officer/ Municipal Executive Officer may in addition appeal.

to any other action that may be taken under this Act, make an order directing

that such erection or work shall be demolished by the person at whose

instance the erection or the work has been commenced or is being carried on

or has been completed within such period not being less than five days and

more than fifteen days from the date on which a copy of the order of demolition

with a brief statement of the reasons there for has been delivered to such

person, as may be specified in the order :

Provided that no order of demolition shall be made unless such person has

been given by means of a notice served in such manner as the Chief Municipal

Executive Officer Municipal Executive Officer may think fit an opportunity of

showing cause why such order shall not be made :

Provided further that where the erection of any building or the execution of any

work has not been completed, the Chief Municipal Executive Officer/ Municipal

Executive Officer may by the same order or by a separate order, whether

made at the time of the issue of the notice under the first proviso or any time,

direct such person to stop the erection of such building or the execution of

such work until the expiry of the period within which an appeal against the

order of demolition, if made may be preferred under sub-section (3).

Explanation :- In this chapter, " the person at whose instance" shall mean the

owner or the occupier or any other person who causes the erection of any

building or the execution of any work including alterations or additions of any to

be some or does it by himself.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may make an order under subsection (1) notwithstanding the fact that the assessment of such building has been made for the levy of the properly tax on lands and buildings.
2. (3) Any persons aggrieved by an order of the Chief Municipal Executive Officer Municipal Executive Officer under sub-section (1) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal appointed under section 356.
3. (4) Where as appeal is prepared under sub-section (3) against an order under sub-section (1) the Municipal Building Tribunal may stay the enforcement of the order on such terms, if any and for such periods as it may think fit : Provided that where the erection of any building or the execution of any work has not been completed at the time of the order under that subsection (1), no order staying the enforcement of the order under that sub-section shall be made by the Municipal Building Tribunal unless a surety sufficient in the opinion of that Tribunal has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.
4. (5) Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/ Municipal Executive Officer to restrain him from taking any action, or making any order in pursuance of the provisions of this section.
5. (6) Every order made by the Municipal Building Tribunal on appeal and subject to such order every order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) shall be final and conclusive.
6. (7) Where no appeal has been preferred against an order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) or where an order under that subsection has been confirmed on appeal whether with or without modification the person against whom the order has been made shall comply with the order within the period if any fixed by the Municipal Building Tribunal on appeal and on the failure of such person to comply with the order within such period the Chief Municipal Executive Officer/ Municipal Executive Officer may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.
7. (8) Notwithstanding anything contained in this chapter if the Empowered Standing Committee is of the opinion that immediate action is called for in relation to a building or a work being carried on in contravention of the provisions of this Act, it may for reasons to be recorded in writing cause such building or work to be demolished forthwith. 351. (1) Where the demolition of any building or the erection of any building or Order of stoppage of the execution of any work has been commenced or is being carried on without building or work in or contrary to the sanction referred to in section 344 or in contravention of any certain cases. conditions subjects to which such sanction has been accorded or in contravention of any provision of this Act or the rules or the regulations made there-under, the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.
8. (2) (a) Notwithstanding anything contained elsewhere in this Act or in any rules or regulations made there-under no owner of any building and no person engaged in the construction of any building on behalf of the owner thereof, shall allow storage or stagnation of water in the site for the construction of such building and every such owner or every such person, as the case may be shall completely empty all collections of such water at least once in a week.
   • (b) Where the construction of a building is carried on in contravention of the provisions of clause (a) the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order in writing require the person at whose instance such storage or stagnation of water in the site for the construction of the building is made to stop forthwith any further construction of the building and such orders shall remain in force till the person as aforesaid complies with the requirements of the order as aforesaid, to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer.
9. (3) If an order by the Chief Municipal Executive Officer/ Municipal Executive Officer under clause (b) of sub-section (2) directing any person to stop the construction of any building is not complied with the Chief Municipal Executive Officer/Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirement.
10. (4) If an order by the Chief Municipal Executive Officer Municipal Executive Officer under section 350 or under sub-section (1) of this section, directing any person to stop the erection of any building or the execution of any work, is not complied with the Chief Municipal Executive Officer/ Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistant and workmen from the premises within such times as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirements.
11. (5) No court shall entertain any suit application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/Municipal Executive Officer to restrain him from taking any action or making any order in pursuance of the provisions of this section.
12. (6) in compliance with the requirement under sub section (5) the Chief Municipal Executive /Municipal Executive Officer may, if he thinks fit, depute by an order in writing a police officer or an officer or other employee of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.
13. (7) Where a police officer or an officer or other employee of the Municipality has been deputed under sub-section (6) to watch the premises the cost of such deputation to be determined by the municipality by regulations, shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) has been given and shall be recoverable from such person as an arrear of tax under this Act. 352.(1) Notwithstanding anything contained in this Act or the rules ~~ Construction building in . . © . Contravention of made there-under or in any other law for the time being in force, the provisions of the Act any person who being responsible by himself or by any other jes made thereunder person on whose his behalf so constructs or attempts or conspires to construct any new building or additional floor or floors of any building, in contravention of the provisions of this Act or the rules made there-under, endangers or is likely to endanger human life or any property of the Municipality whereupon the water supply, drainage or sewerage of the road traffic is disrupted or is likely to be disrupted or is likely to cause a fire hazard shall be punishable with imprisonment of either description for a term which may extend for five years and also with fine which may extend to fifty thousand rupees. Explanation: - "Person" shall include an owner, occupier, lessee, mortgagee, consultant, promoter or financier or a servant or agent of an owner, occupier, lessee, mortgagee, consultant, promoter or financier who supervises or cause the construct ion of any new building or additional floor or floors of any buildings as aforesaid.
14. (2) The offence under sub-section (1) shall be cognizable and non- bailable within the meaning of the Code of Criminal Procedure, 1973.
15. (3) Where an offence under sub-section (I) has been committed by a company the provisions of section 465 of this Act shall apply to such company.