Chapter XV SANITARY PROVISIONS

Scavenging and Cleansing

For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall take measures for securing—

1. (a) the daily surface-cleansing of all streets in 3[Brihan Mumbai] and the removal of the sweeping therefrom;
2. (b) the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under section 367 or 368 for the temporary deposit of any of the matters specified in the said sections.

All matters collected by municipal servants or contractors in pursuance of the last preceding section and of section 369 4[and carcasses of dead animals deposited in any public receptacle, depot or place under section 367] shall be the property of the Corporation.

4[and carcasses of dead animals deposited in any public receptacle, depot or place under section 367] shall be the property of the Corporation.

5[* *] The

Commissioner shall provide or appoint in proper and convenient situations public receptacles, depots

and places for the temporary deposit or final disposal of—

1. (a) dust, ashes, refuse and rubbish; 6[(b) trade refuse;] 7[(c)] carcasses of dead animals and excrementitious and polluted matter: 8[* *] Provided that— Section 361 was re-numbered as sub-section (1) of that section and sub-section (2) was added to that section by Bom. 9 of 1945, s. 2, read with Bom. 8 of 1948, s. 2. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 152 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words and figures were inserted by Mah. 14 of 1961, s. 5. The figures (1) and (2) were omitted by Bom. 1 of 1925, s. 20(1). This new clause (b) was inserted by Bom. 1 of 1925, s. 20(2). Old clause (b) was re-lettered as (c) by Bom. 1 of 1925, s. 20(3). The figures (1) and (2) were omitted by Bom. 1 of 1925, s. 20(1).

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1[(i)] the said matter shall not be finally disposed of in any place or manner in which the same have not heretofore been so disposed of without the sanction of the corporation or in any place or manner which

2[the

3[State] Government] think fit to disallow;

4[(ii)] any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance.

1. (1) It shall be incumbent on the owners and occupiers of all premises to cause all dust, ashes, refuse, rubbish and trade refuse to be collected from their respective premises and to be deposited at such times as the Commissioner, by public notice, from time to time prescribes in the public receptacle, depot or place provided or appointed under the last preceding section for the temporary deposit or final disposal thereof. (2) 6[The Commissioner] may, if he thinks fit, by written notice require the occupier and owner or either of them of any premises, to cause all dust, ashes, refuse and rubbish, but not trade refuse to be collected daily, or otherwise periodically, from the said premises and deposited temporarily upon any place forming the part of the said premises which the Commissioner appoints in this behalf, and it shall be incumbent on the said occupier and owner or either of them to cause the said matters to be collected and deposited accordingly.
2. (3) It shall be incumbent on the owners of all premises to provide receptacles of a size to be

prescribed by the Commissioner for the collection therein of all dust, ashes, refuse, rubbish and trade

refuse to be collected from such premises. Such receptacles shall at all times be kept in good repair and condition and shall be provided in such number and place and retained in such positions as the Commissioner may, from time to time, by written notice direct.

1. (4) It shall also be incumbent on the owners and occupiers or either of them of all premises when required by the Commissioner by written notice so to do, to employ servants for the purpose of carrying out and complying with the requirements of sub-sections (1) and (2) of this section. 7[(5) Notwithstanding anything contained in this section, it shall be incumbent on the owner or occupier of every trade premises to seek the Commissioner’s permission to deposit trade refuse collected daily or periodically from the premises, temporarily upon any place appointed by the Commissioner in

this behalf. When such permission is granted by the Commissioner, the applicant shall be allowed to

deposit the trade refuse accordingly on payment of such charges as the Commissioner may, from time to time, fix for temporarily depositing trade refuse upon the place appointed under sub-section (2) and also such charges as the Commissioner may, from time to time, fix for transporting and depositing the said trade refuse to the place provided or appointed under section 367 for the final disposal of such trade refuse: Provided that, the owner or occupier of any trade premises shall not deposit trade refuse at any place other than, the places appointed by the Commissioner under sub-section (2) of this section or provided or appointed by him under section 367, as the case may be.]

When the Commissioner has given public notice, under clause (a) of section 142, of his intention to provide, in a certain portion of

8[Brihan Mumbai], for the collection, removal and disposal, by municipal agency, of all excrementitious and polluted matter from privies, urinals and cesspools, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated in the said portion of

9[Brihan Mumbai].

It shall be incumbent on the occupier of any premises situate in any portion of the city

The old clause (c) and (d) were re-lettered as (i) and (ii) by Bom. 1 of 1925, s. 20(4). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The old clause (c) and (d) were re-lettered as (i) and (ii) by Bom. 1 of 1925, s. 20(4). Section 368 was substituted for the original section by Bom. 1 of 1925, s. 21. These words were substituted for the words “Provided that the Commissioner” by Mah. 10 of 1998, s. 182(1). Sub-section (5) was substituted by Mah. 10 of 1998, s. 182(2). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

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for which the Commissioner has not given a public notice under clause (a) of section 142 and in which there is not a water-closet or privy connected with a municipal drain, to cause all excrementitious and polluted matter accumulating upon his premises to be collected and to be conveyed to the nearest receptacle or depot provided for this purpose under clause (b) of section 367, at such times, in such vehicle or vessel, by such route and with such precautions, as the Commissioner by public notice from time to time prescribes.

the Commissioner’s permission.— In any portion of

1[Brihan Mumbai] in which the Commissioner

has given a public notice under clause (a) of section 142, and in any premises, wherever situate in which there is a water-closet or privy connected with a municipal drain, it shall not be lawful, except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the

No person,—

1. (a) Prohibition of failure to remove refuse, etc. when bound to do so.— who is bound, under section 368 or section 370, to cause the removal of dust, ashes, refuse, 2[rubbish and trade refuse] or of excrementitious or polluted matter, shall allow the same to accumulate on his premises for more than twenty-four hours or neglect to cause the same to be removed to the depot, receptacle or place provided or appointed for the purpose;
2. (b) Removal of refuse, etc. contrary to orders or without proper precautions.— shall remove any dust, ashes, refuse 3[rubbish or trade refuse] or any excrementitious or polluted matter, otherwise than in conformity with the requirements of any public or written notice at the time being in force under section 368, or use for the removal of any excrementitious or polluted matters any vehicles or vessel not having a covering proper for preventing the escape of any portion of the contents thereof or of the stench therefrom;
3. (c) Failure to clear away any refuse, etc., which drops during removal.— shall, whilst engaged in the removal of any dust, ashes, refuse 4[rubbish or trade refuse] or of any excrementitious or polluted matters fail forthwith thoroughly to sweep and cleanse the spot in any street upon which, during removal, any portion thereof may fall and entirely to remove these sweepings;
4. (d) Leaving filth carts etc., unnecessarily in the streets.— shall place or set down in any street any vehicle or vessel for the removal of excrementitious or polluted matter, or suffer the same to remain in any street for any greater length of time than is reasonably necessary;
5. (e) Throwing or placing refuse etc., in any place not assigned for the purpose.— shall throw or place any dust, ashes, refuse, 5[rubbish or trade refuse] or any excrementitious or polluted matter, on any street, or in any place not provided or appointed for this purpose under section 367 or 368;
6. (f) Allowing filthy matter to flow or soak from any premises and keeping any thing thereupon so as to create a nuisance.— who is the owner or occupier of any building or land, shall allow any filthy matter to flow, soak or be thrown therefrom, or keep or suffer to be kept therein or thereupon, anything so as to be a nuisance to any person, or negligently suffer any privy- receptacle or other receptacle or place for the deposit of filthy matter or rubbish on his premises to be in such a state as to be offensive or injurious to health; 6[(g) shall deposit the skin or otherwise dispose of the carcass of any dead animal at a place not provided or appointed for this purpose under section 367.]

If it shall in any case be shown that dust, ashes, refuse

7[rubbish or trade refuse] or any excrementitious or polluted matter, has

These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “and rubbish” by Bom. 1 of 1925, s. 22. These words were substituted for the words “and rubbish” by Bom. 1 of 1925, s. 22. These words were substituted for the words “and rubbish” by Bom. 1 of 1925, s. 22. These words were substituted for the words “and rubbish” by Bom. 1 of 1925, s. 22. Clause (g) was added by Mah. 14 of 1961, s. 6. These words were substituted for the words “or rubbish” by Bom. 1 of 1925, s. 23.

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or have been thrown or placed on any street or place, in contravention of clause (e) of the last preceding section, from some building or land, it shall be presumed, until the contrary proved, that the said offence has been committed by the occupier of the said building or land. Inspection and Sanitary Regulation of Premises

The Commissioner may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof.

If it shall appear to the Commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building so inspected, to cause the same or some portion thereof to be lime-washed or otherwise cleansed, either externally or internally, or both externally and internally.

If it shall appear to the Commissioner that any tiles, stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises without the written permission of the Commissioner in such quantity or bulk in such way as to constitute a harbourage or breeding place for rats or other vermin or otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof, the Commissioner may by written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same as shall in the opinion of the Commissioner be necessary or expedient to abate the nuisance or prevent a recurrence thereof.]

If any premises, by reason of their being abandoned or unoccupied, become a resort of disorderly persons or, in the opinion of the Commissioner, a nuisance, the Commissioner, after such inquiry as he deems necessary, may give written notice to the owner of such premises, if he be known and resident within

2[Brihan Mumbai] or to any person who is known or believed to claim to be the owner, if such person is resident within

3[Brihan Mumbai] and shall also affix a copy of the said notice on some conspicuous part of the said premises, requiring all persons having any right of property or interest therein to take such order with the said premises as shall in the opinion of the Commissioner be necessary to prevent the same from being resorted to as aforesaid or from continuing to be a nuisance.

1. (1) If it shall appear to the Commissioner that any premises are over- grown with rank and noisome vegetation or are otherwise in an unwholesome or filthy condition or, by reason of their not being properly enclosed, are resorted to by the public for purposes of nature, or are otherwise a nuisance to the neighbouring inhabitants, the Commissioner may, by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same, or with the approval of the 4[Standing Committee], may require him to take such other order with the same as the Commissioner thinks necessary.

5[(1-A) Neglected private streets.— If it shall appear to the Commissioner that any private street

is overgrown with rank and noisome vegetation or is otherwise in an unwholesome or filthy condition, the Commissioner may by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to cleanse or clear the same, or with the approval of the

6[Standing Committee] require them to take such other order with the same as the Commissioner may think necessary: Provided that nothing herein contained shall affect the provision of section 365.]

1. (2) Provided that in so far as the unwholesome or filthy condition of such premises 7[or such street] or such nuisance as abovementioned is caused by the discharge from or by any defect in the municipal Section 375A was inserted by Bom. 1 of 1916, s. 8. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 153(a). Sub-section (1-A) was added by Bom. 1 of 1916, s. 9(a). These words were substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 153(b). These words were inserted by Bom. 1 of 1916, s. 9(b).

premises

1[or such street.]

1. (1) If it shall appear to the Commissioner that any building or any part of a building is in such a state as to constitute a nuisance, or to be likely to give rise to one, by reason of rain-water leaking from its roof or any part of its roof the Commissioner may give a notice in writing to the owner of such building requiring him to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice.
2. (2) If at any time thereafter the Commissioner is of opinion that such a nuisance may recur he may, notwithstanding that the original nuisance may have been abated by the owner of the building under sub- section (1) give a further notice in writing to the said owner requiring him to abate the probable recurrence of the nuisance within the time and in the manner specified in the notice.
3. (3) If the owner of the building by whose act, default or sufferance such nuisance has arisen or continues is unknown or cannot be found, the Commissioner may take such measures or cause such work to be executed or such things to be done as shall in his opinion necessary to abate such nuisance and to prevent its recurrence. 3[(4) Where the owner of a building fails to comply with any notice requiring him to abate the nuisance or prevent its recurrence or probable recurrence under sub-section (1) or sub-section (2), the occupier or occupiers interested may instead of resorting to section 499, seek the approval of the Commissioner under this section, to execute the required work. For this purpose, the occupiers shall submit an application to the Commissioner together with the plans and estimates of the work and pay to the Corporation a sum equal to five per cent of the estimated cost, as fees for scrutiny and supervision of the work, which shall not be refundable, unless the approval is not granted. On receipt of such application and payment of such fees, the Commissioner may after making such inquiry as he deems fit grant the approval on such conditions as he thinks fit. The occupiers shall then be entitled to execute the work. After completion of the work, the occupiers shall submit to the Commissioner the accounts together with the vouchers maintained by them, for certifying reasonable expenses incurred by them for executing the work. After examining the work executed and the accounts submitted, the Commissioner shall issue a certificate to the occupiers specifying the amount of reasonable expenses incurred by the occupiers in executing the work, and the apportionment of the same. Such amount shall include the fees paid to the Corporation for scrutiny and supervision of the works. The Commissioner shall send a copy of his certificate to the owner. The occupier shall then be entitled to recover the amount so certified from the owner and may deduct the same from the rent which from time to time becomes due by them to the owner: Provided that, where such work is jointly executed by the occupiers the amount to be recovered or deducted by each occupier shall bear the same proportion as the rent payable by him in respect of his premises bears to the amount so certified.
4. (5) Where the amount specified in any certificate issued by the Commissioner under sub-section
5. (4) does not exceed the amount of the rent payable by all the occupiers in the building for a period of three months, the amount so certified and the apportionment of the same shall for all purposes be final and binding on the owner and the occupiers. In any other case, in case of dispute, the amount or the apportionment of the same, shall be determined in accordance with the provisions of section 504.]

1. (1) If, for any reason, it shall appear to the Commissioner that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, he shall give to the owner or occupier of such building notice in writing stating such reason and signifying his intention to prohibit the further use of the building or room, as the case may be, as a dwelling and shall by such notice call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice, and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Commissioner invalid or insufficient, he These words were inserted by Bom. 1 of 1916, s. 9(b). This new section 377A was added by Bom. 1 of 1925, s. 24. Sub-sections (4) and (5) were added by Mah. 35 of 1971, s. 2. Section 378 was substituted by Bom. 6 of 1916, s. 6.

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may, with the previous approval of the

1[Standing Committee], by an order in writing, prohibit the further use of such building or room as a dwelling: Provided that, before such approval is given, the owner or occupier aforesaid shall have the right of appearing before the

2[Standing Committee] in person or by agent and of showing cause why such approval should not be given.

1. (2) When any such prohibition as aforesaid has been made, the Commissioner shall cause notice of such prohibition to be affixed to, and the letters “U.H.H.” to be painted on the door or some conspicuous part of such building or room, as the case may be, and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Commissioner certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation. 3[(3) Where the Commissioner has prohibited the further use of a building or room as a dwelling, the owner or owners of such building or room shall, so far as may be necessary to prevent nuisance, keep the building or the room or rooms clean and wholesome.]]

1. (1) If it shall appear to the Commissioner that any building intended for, or used as, a dwelling is in any respect unfit for human habitation and does not conform with the regulations framed under section 378D, the Commissioner may, by written notice, require the owner of the building, within such reasonable time (not being less than twenty-one days) as may be specified in the notice, to execute such works or carry out such alterations as would render the building fit for human habitation.
2. (2) In addition to serving a notice under this section on the owner of the building the Commissioner may serve a copy of the notice on any other person having interest in the building, whether as owner of the land, mortgagee, lessee, or otherwise.

1. (1) If it shall appear to the Commissioner that any building intended for, or used as, a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner or of owners thereof, and, so far as it is reasonably practicable to ascertain such

persons, upon every mortgagee thereof, notice of the time (being some time not less than twenty-one

days after the service of the notice) and place at which the condition of the building and any offer with respect to the carrying out of works, or the future use of the building, which he may wish to submit, will be considered by

5[the Standing Committee], and every person upon whom such a notice is served shall be entitled to be heard either in person or by agent when the matter is so taken on to consideration.

1. (2) A person upon whom notice is served under the foregoing sub-section shall, if he intends to submit an offer with respect to the carrying out of works, within twenty-one days from the date of the service of the notice upon him, serve upon the Commissioner notice in writing of his intention to make such an offer and shall within such reasonable period as the Commissioner may allow, submit to him a list of the works which he offers to carry out.
2. (3) The Commissioner may, with the previous approval of 6[the Standing Committee], accept from any owner or mortgagee, an undertaking in writing either that he will within a specified period carry out such works as will in the opinion of the Commissioner render the building fit for human habitation, or that it shall not be used for human habitation until the Commissioner, on being satisfied that it has been rendered fit for that purpose and with the previous approval of 7[the Standing Committee], cancels the undertaking.
3. (4) If no such undertaking as is mentioned in the last foregoing sub-section is accepted by the Commissioner, or if, in a case where the Commissioner has accepted such an undertaking any work to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Commissioner shall, with the previous approval These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 154. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 154. Sub-section (3) was inserted by Bom. 34 of 1954, s. 24. Sections 378A to 378I were inserted by Bom. 34 of 1954, s. 25. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 155. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 155. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 155.

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of

1[the Standing Committee], forthwith make a demolition order requiring that the building shall be vacant within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall be demolished within six weeks after the expiration of that period, or if the building is not vacated before the expiration of that period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the circumstances the Commissioner deems it reasonable to specify, and shall serve a copy of the order upon every person upon whom the Commissioner would be required by sub-section (1) of this section to serve a notice issued by him under that sub-section.

1. (5) In determining for the purpose of this section whether a building can be rendered fit for human

habitation at a reasonable expense, regard shall be had to the estimated cost of the work necessary to

render it so fit and the value which it is estimated that the building will have when the works are completed.

1. (1) When a demolition order under section 378B has become operative, the owner or owners of the building to which it applies shall demolish the building within the time limited in that behalf by the order ; and if the building is not demolished within that time, the Commissioner shall cause the building to be vacated if necessary in the manner provided in section 488A, and shall take measures to demolish the building and sell the materials thereof.
2. (2) Any expenses incurred by the Commissioner under the foregoing sub-section, after giving credit for the amount realised by sale of the materials, shall be payable by the owner or owners of the building, and any surplus in the hands of the Commissioner after payment of such expenses shall be paid by the Commissioner to the owner of the building, or if there is more than one owner, shall be paid in accordance with the agreement between them. In default of agreement between such owners, the Commissioner shall deposit the surplus amount in the Small Causes Court and the Chief Judge of the said Court shall decide in what proportion such amount should be paid to such owners. The decision of the Chief Judge shall be final.

For the purposes of this Act, the Corporation may, from time to time, frame regulations not inconsistent with this Act for determining the

standards of fitness of buildings for human habitation ; provided that, where in pursuance of a notice

under sub-section (1) of section 378-A any building has been rendered fit for human habitation by the execution of works and alterations to the satisfaction of the Commissioner, such building during a period of ten years from the date of completion of such works and alterations shall not be deemed to be unfit for human habitation by reason only of not conforming with any regulations made subsequently to such date affecting the structure of such building.

1. (1) The Commissioner may serve upon the owner or owners of a building which appears to him to be an obstructive building notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the question of ordering the building to be demolished will be considered by 2[the Standing Committee], and the owner or owners shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.
2. (2) If, after so taking the matter into consideration, 3[the Standing Committee] resolve that the building is an obstructive building and that the building or any part thereof ought to be demolished, the Commissioner may make a demolition order requiring that the building or that part thereof shall be demolished, and that the building, or such part thereof as is required to be vacated for the purposes of the demolition, shall be vacated within two months from the date on which the order becomes operative, and if he does so, shall serve a copy of the order upon the owner or owners of the building.
3. (3) In this section the expression “obstructive building” means a building which, although not in itself unfit for human habitation, is so situated that by reason of its proximity to or contact with any other buildings it— These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 155. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 156. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 156.

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1. (a) stops or impedes ventilation or otherwise makes or conduces to make such other buildings to be in condition unfit for human habitation or dangerous or injurious to health, or
2. (b) prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings.

1. (1) If, before the expiration of the period within which a building in respect of which an order is made under section 378E is thereby required to be vacated, any owner or owners or other person or persons whose estate or interest, or whose combined estates or interests in the building and the site thereof is or are such that the acquisition thereof by the Corporation would enable the Commissioner to carry out the demolition provided for by the order, make to the Commissioner an offer for the sale of that interest, or of those interests, to the Corporation at a price equal to the compensation to be assessed as provided in sub-section (6) the Commissioner shall, upon obtaining the requisite sanction under section 90, accept the offer and shall, as soon as possible after obtaining possession, carry out the demolition.
2. (2) Upon payment of the price mentioned in sub-section (1) the said building and the site thereof to the extent of the interests acquired shall vest in the Corporation.
3. (3) If no such offer as is mentioned in sub-section (1) is made before the expiration of the said period, the owner or owners of the building shall carry out the demolition provided for by the order before the expiration of six weeks from the last day of that period, or, if the building, or such part thereof as is required to be vacated, is not vacated until after that day, before the expiration of six weeks from

the day on which it is vacated or, in either case, before the expiration of such longer period as in the

circumstances the Commissioner deems reasonable, and if the demolition is not so carried out the Commissioner shall cause the building or part thereof to be vacated, if necessary, in the manner provided in section 488-A and take measures to carry out the demolition and sell the materials rendered available thereby.

1. (4) When any obstructive building or any part thereof is demolished either by the owner or owners or by the Commissioner as provided for in sub-section (3), the Commissioner may at once take possession on behalf of the Corporation of the land occupied by, and appurtenant to, the said buildings or part thereof, and shall pay compensation as provided for in sub-section (6).
2. (5) The provisions of sub-section (2) of section 378-C shall apply in relation to any expenses incurred by the Commissioner under sub-section (3) and to any surplus remaining in the hands of the Commissioner as they apply in relation to any expenses or surplus in a case where a building is demolished in pursuance of a demolition order made under section 378-B.
3. (6) The compensation payable by the Commissioner for the building and the site thereof upon any sale effected under sub-section (1) and the compensation payable by the Commissioner under sub-section (4) shall be the market value of the land and building demolished, at the date of the demolition order made under sub-section (2) of section 378-E.

(1) When a demolition order in respect of an obstructive building or any part thereof has been made under section 378-E, the Commissioner may specify and declare to

1[the Standing Committee] the properties of which the building or part of a building intended to be demolished is in his opinion obstructive, and shall serve a notice to that effect upon the owner or owners of each of such specified properties.

1. (2) For the purpose of enquiry under this section the Commissioner shall have the like powers as are conferred on him by section 155, and every person required to make or deliver a statement under this sub-section shall be deemed to be legally bound to do so within the meaning of section 175 and 176 of the Indian Penal Code (XLV of 1860).
2. (3) The Commissioner may declare the sum apportioned to each property under this section in respect of its increase in value to be improvement expenses incurred for the benefit of such property and the same shall thereupon be a charge upon such property and shall be recoverable in the same manner as expenses declared to be improvement expenses under section 494. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 157.

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1. (1) Any person aggrieved by a demolition order made under section 378-B or section 378-E may, within twenty-one days after the date of the service of the order, appeal to the Chief Judge of the Small Causes Court (hereinafter in this section referred to as the Chief Judge), and no proceedings shall be taken by the Commissioner to enforce any order in relation to which an appeal is brought before the appeal is finally determined: Provided that no appeal shall lie at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the expired term does not exceed three years.
2. (2) On such an appeal under this section the Chief Judge may make such order either confirming or quashing or varying the demolition order as he thinks fit, and he may, if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Commissioner, and any undertaking so accepted by the Chief Judge shall have the like effect as if it had been given to and accepted by the Commissioner under section 378-B: Provided that the Chief Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section (1) of section 378-B was served an undertaking to carry out any works unless the appellant complied with the requirements of sub-section (2) of that section.
3. (3) An appeal shall lie to the High Court from a decision of the Chief Judge under this section when the rateable value, entered in the Commissioner’s assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds Rs. 3,000.
4. (4) The provisions of the Code of Civil Procedure, 1908 (V of 1908) with respect to original decrees shall, so far as they can be made applicable, apply to appeals under sub-section (3), and orders passed therein by the High Court may, on application to the Chief Judge, be executed as if they were decrees passed by himself.
5. (5) A decision passed by the Chief Judge under this section shall, if an appeal does not lie therefrom under sub-section (3), be final.
6. (6) An appeal to the High Court under sub-section (3), shall for the purposes of the second division of First Schedule to 1[the Limitation Act, 1963 (36 of 1963)], be deemed to be an appeal under the Code of Civil Procedure, 1908 (V of 1908), to the Court of a District Judge.
7. (7) Any order against which an appeal might be brought under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in sub-section
8. (1) and shall be final and conclusive as to any matters which could have been raised on such an appeal, and any such order against which an appeal is brought shall, if and so far as it is confirmed by the Chief Judge, or the High Court, become operative as from the date of the final determination of the appeal.
9. (8) For the purposes of this section, the withdrawal of an appeal shall be deemed to be final determination thereof, having the like effect as a decision confirming the order appealed against and, subject as aforesaid, an appeal shall be deemed to be finally determined on the date when the decision of the High Court is given, or in a case where no appeal is brought to the High Court, upon the expiration of the period within which such an appeal might have been brought, or in a case where no appeal lies to the High Court, on the date when the decision of the Chief Judge is given.

Notwithstanding anything contained in this Act, it shall not be lawful to erect any back-to-back buildings intended to be used as dwellings for the poorer classes, and any such building shall, for the purposes of this Act, be deemed to be unfit for human habitation: Provided that nothing in this section shall prevent the erection or use of a building containing several tenements in which tenements are placed back-to-back, if in the opinion of the Commissioner the several tenements are so constructed and arranged as to secure effective ventilation of all habitable rooms in every tenement.]

1. (1) The owner of a

building shall, within a period of seven days after receipt of a written notice from the Commissioner,

sign and give a certificate of the following particulars with respect to such building or any part thereof,—

These words were substituted for the words “the Indian Limitation Act, 1908” by Mah. 10 of 1998, s. 188. Section 379 was substituted for the original section by Bom. 5 of 1905, s. 55.

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1. (a) the total number of rooms in the buildings,
2. (b) the length, breadth and height of each room, and
3. (c) the name of the person to whom he has let the building or each part of the building occupied as a separate tenement.

1. (2) The occupier of a building or of any part of a building occupied as a separate tenement shall, on like notice and within the like period, sign and give a certificate of the following particulars with respect to such building or part of such building as aforesaid which is in his occupation:—
   • (a) the total number of person dwelling in the building or any part of it,
   • (b) the manner of use of each room by day and by night, and
   • (c) the number, sex and age of the occupants of each room used for sleeping.]

1. (1) Where it appears to the Commissioner, whether from any certificate furnished under section 379 or otherwise, that any building or any room or rooms therein used for human habitation is overcrowded, he may apply to a 2[ 3[Metropolitan Magistrate] specially empowered by the State Government] to prevent such overcrowding; and the said Magistrate, after such inquiry as he thinks fit to make, may prescribe the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building, within a reasonable time not exceeding ten days to be prescribed in the said order, to abate the overcrowding thereof, by reducing the number of lodgers, tenants, or other inmates of the said building or room or rooms, in accordance with the maximum so prescribed and to the satisfaction of the Commissioner, or may pass such other order as he may deem just and proper.
2. (2) Where the owner of the said building has sub-let the same, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purposes of this section, be deemed to be the owner of the said building.
3. (3) Every tenant, lodger, or other inmates of the said building shall vacate on being required by the owner so to do in pursuance of any order under sub-section (1).
4. (4) A room used exclusively as a dwelling shall be deemed to be overcrowded within the meaning of this section when the number of adult inmates is such that the amount of floor space available for each adult inmates is less than twenty-five superficial feet and for each person, under the age of ten years less than twelve and one half superficial feet, or when the air space for each adult inmate is less than two hundred and fifty cubic feet, two children under ten years of age counting as one adult.
5. (5) A room not exclusively used as a dwelling shall be deemed to be overcrowded within the meaning of this section when the number of adult inmates is such that the amount of floor space available for each adult inmate is less than thirty superficial feet, and for each person under the age of ten years less than fifteen superficial feet, or when the air space for each adult inmate is less that three hundred cubic feet, two children under ten years of age counting as one adult.]

If the Commissioner is of opinion that any hut or shed, used either as a dwelling or as a stable or for any other purpose, is likely by reason of its being build without a plinth or upon a plinth of insufficient height or without proper means of drainage, or on account of the impracticability of scavenging or owning to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety; he may, by written notice, which shall be affixed to some conspicuous part of such hut or shed, require the owner or occupier thereof, or the owner of the land on which such hut or shed stands, to remove or alter such hut or shed or to take such order for the improvement thereof as the Commissioner shall deem necessary.

5[(1) (i) For the purposes of this section, a nuisance shall include—

Section 379A was inserted by Bom. 5 of 1905, s. 55. These words were substituted for the words “Presidency Magistrate” by Bom. 8 of 1954, s. 2, Schedule—Part III. These words were substituted for the words “Presidency Magistrate” by Mah. 21 of 1989, s. 43. This section was substituted for the original section by Bom. 6 of 1913, s. 4. New sub-section (1) was substituted for the original sub-section (1) by Bom. 10 of 1928, s. 14(a).

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1. (a) any pool, ditch, tank, well, pond, quarry-hole, drain, watercourse or any collection of water; or
2. (b) any cistern or other receptacle for water or any article or thing capable of collecting rain water during the monsoon season whether within or outside a building; or
3. (c) any land on which water accumulates or is likely to accumulate; or
4. (d) any premises or any part of any premises occupied, or unoccupied, or under construction, reconstruction or demolition; which in the opinion of the Commissioner is, or is likely to become a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (z) of section 3.
   • (ii) The Commissioner may, by notice in writing, require the person by whose act, default or sufferance, a nuisance arises, exists or continues, or is likely to arise, and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or any one or more of such person, owner, lessee and occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and within such period of time as the Commissioner shall prescribe in such notice.
   • (iii) The Commissioner may also by any notice under clause (ii) or by another notice, served on

such person, owner, lessee and occupier, or on any one or more of them, require them, or any one or

more of them, to take all steps requisite or necessary to prevent a recurrence of the nuisance and may, if he thinks it desirable, specify any work to be executed or measures to be carried out for that purpose, and may serve any such further notice notwithstanding that the nuisance may have been abated or removed if he considers that it is likely to recur: Provided that if at any time within four months from the date of the service of any such notice, the nuisance recurs through the failure of the person or persons upon whom such notice has been served to comply with the requirement contained in such notice, such person or persons shall be liable without any further notice to the penalties provided in this Act for offences under this section.

1. (iv) Where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction or demolition of any premises, or any part of any premises, the Commissioner may in addition to serving any notice on any one or more of the persons mentioned in clause (ii) serve any such notice on any architect, contractor or other person employed to carry out such work of construction, reconstruction or demolition and also on any sub-contractor employed by such contractor or other person, or any one or more of such contractor, person and sub-contractor.]

1. (2) If 1[any person who, by a requisition made under sub-section (1), is required] to fill up, cover over or drain off a well, delivers to the Commissioner, within the time prescribed for compliance therewith, written objections to such requisition, the Commissioner shall report such objections to the 2[Standing Committee] and shall make further inquiry into the case, and he shall not institute any prosecution under section 517 for failure to comply with such requisition except with approval of 3[the Standing Committee], but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance, proceed in accordance with section 489 and, pending 4[the Standing Committee] disposal of the question whether the said well shall be permanently filled up, covered over or otherwise dealt with, may cause such well to be securely covered over, so as to prevent the ingress of mosquitoes, and in every such case the Commissioner shall determine, with the approval of 5[the Standing Committee], whether the expenses of any work already done as aforesaid shall be paid by such 6[person], or by the Commissioner out of the municipal funds or shall be shared, and, if so, in what proportions.]

1. (1) No new well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission in writing of the Commissioner. These words, figures and brackets were substituted for the original words by Bom. 10 of 1928, s. 14(b)(i). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 158(a). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 158(b). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 158(b). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 158(b). The word “person” was substituted for the original word “owner” by Bom. 10 of 1928, s. 14(b)(ii). Section 381A was inserted by Bom. 6 of 1913, s. 5.

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1. (2) If any such work is begun or completed without such permission the Commissioner may either—
   • (a) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Commissioner shall prescribe, or
   • (b) grant written permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).]

No person

shall, on any land owned by him or in his possession,—

1. (a) have, keep or maintain any collection of standing or flowing water in which mosquitoes breed or are likely to breed, or
2. (b) cause, permit or suffer any water on such land to form a collection in which mosquitoes breed or are likely to breed, unless such collection has been so treated as effectively to prevent such breeding. Explanation I.— Troughs used for cattle and in frequent use shall not, until the contrary is proved, be deemed to be collection of water in which mosquitoes breed or are likely to breed. Explanation II.— The natural presence of mosquito larvae in any standing or flowing water shall be evidence that mosquitoes are breeding in such water.]

If, in the opinion of the Commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may,

2[* * * *] by written notice, require the owner of the said quarry or

place to discontinue working the same or to discontinue removing stone, earth or other material from

such place, or to take such order with such quarry or place, as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.

1. (1) If, in opinion of the Commissioner,—
   • (a) any hedge is at any time insufficiently cut or trimmed, or over-grown, with prickly-pear or other rank vegetation; or
   • (b) any tree or shrub has fallen or is likely to fall, to the danger of public safety, or overhangs or obstructs any street to the inconvenience or danger of passengers therein; the Commissioner may, by written notice, require the owner or occupier of the land on which such hedge, tree or shrub is or has been growing—
   • (c) to cut down such hedge to a height not exceeding four feet and to a width not exceeding three feet, and to remove any such prickly-pear or other rank vegetation therefrom; or
   • (d) to remove, cut, lop or trim such tree or shrub, as the case may be.
2. (2) In any case falling under clause (b), the Commissioner may, if for the public safety it shall appear to him necessary so to do, cause any tree or shrub to be removed, cut, lopped or trimmed, without previously giving the said owner or occupier notice as aforesaid, and the expenses thereof shall nevertheless, be paid by the owner or occupier. Keeping and Destruction of Animals and Disposal of Carcasses

1. (1) No person shall—
   • (a) without the written permission of the Commissioner, or otherwise than in conformity with the terms of such permission, keep any swine in any part of 3[Brihan Mumbai]; Section 381B was inserted by Mah. 51 of 1975, s. 16. The words “with the approval of the Standing Committee” were deleted by Mah. 21 of 1989, s. 44. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

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1. (b) keep any animal on his premises so as to be a nuisance or dangerous to any person;
2. (c) feed any animal, or suffer or permit any animal, to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter.

1. (2) Any swine found straying may be forthwith destroyed and the carcass thereof disposed of as the Commissioner shall direct. No claim shall lie for compensation for any swine so destroyed.

Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely,—

1. (a) for keeping any horse, cow, buffalo, bullock, goat or donkey, or
2. (b) as a godown or place for the storage, in connection with wholesale trade of grain, seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary reasons to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose; provided that the Commissioner may permit such use subject to such conditions as he may think fit to prescribe.]

1. (1) It shall be the duty of the Commissioner to provide for the removal of the carcasses of all animals dying within 3[Brihan Mumbai].
2. (2) The occupier of any premises in or upon which any animals shall die or in or upon which the carcass of any animal shall be found, and the person having the charge of any animal which dies in the street or in any open place, shall within three hours after the death of such animal or, if the death occurs at night, within three hours after sunrise, report the death of such animal at the municipal health department office of the division of the 4[Brihan Mumbai] in which the death occurred or in which the carcass is found 5[and shall not unless authorised by the Commissioner in this behalf, remove or permit to be removed the carcass of any animal dying in or upon any place within 6[Brihan Mumbai].]
3. (3) For every carcass so removed by municipal agency, a fee for the removal, or such amount as shall be fixed by the Commissioner, shall be paid by the owner of the animal or, if the owner is not

known, by the occupier of the premises in or upon which, or by the person in whose charge, the said

animal died.] Regulation of public bathing, washing, etc.

The Commissioner may from time to time set apart portions of the seashore, other suitable places vesting in the Corporation for use by the public for bathing, for the washing of animals or for drying clothes, and may from time to time, by public notice, prohibit the use by the public of any portion of the seashore or place not vesting in the Corporation for any of the said purposes.

1. (1) The Commissioner may, by public notice, regulate the use by the public—
   • (a) of any portion of the seashore or other place vesting in the Corporation set apart by him for any purpose under the last preceding section;
   • (b) of any portion of the seashore or other place not vesting in the Corporation used, with his acquiescence, for any purpose mentioned in the last preceding section;
   • (c) of any work and of the water in any work assigned and set apart under section 270 for any particular purpose. Section 384A was inserted by Bom. 1 of 1916, s. 10. This section was substituted for the original section by Bom. 5 of 1920, s. 4. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This portion was added by Mah. 14 of 1961, s. 7. These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

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1. (2) In the case of any portion of the seashore or of any place or work set apart, assigned or used as aforesaid for bathing, the Commissioner may, in such notice, prescribe the times and places of bathing for persons of each sex.

Except as permitted by any order or regulation made under section 270, 386 or 387, no person shall,—

1. (a) bath in or near any lake, tank, reservoir, fountain, cistern, duct, standpipe, steam or well or on any part of the seashore or other place vesting in the corporation;
2. (b) wash or cause to be washed in or near any such place or work, any animal, clothes or other article;
3. (c) throw, put or cause to enter into the water in any such place or work, any animal or other thing;
4. (d) cause or suffer to drain into or upon any such place or work or to be brought thereinto or thereupon, anything, or do anything, whereby the water shall be in any degree fouled or corrupted;
5. (e) dry clothes in or upon any such place. And no person shall,—
6. (f) in contravention of any prohibition made by the Commissioner under section 386, use any portion of the seashore or any place not vesting in the corporation for any purpose mentioned in the said section;
7. (g) contravene any regulation made by the Commissioner under section 387 for the use of any such portion of the seashore or place for any such purpose.

No person shall,—

1. (a) steep in any tank, reservoir, stream, well or ditch any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health;
2. (b) whilst suffering from any contagious or loathsome disease, bathe in or near any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well or on any part of the seashore. Regulation of Factories, Trades, etc.

(1) No person shall newly establish in any premises any factory, workshop or workplace in which it is intended that steam, water,

1[electrical] or other mechanical power shall be employed, without the previous written permission of the Commissioner,

2[nor shall any person work, or allow to be worked, any such factory, workshop or work-place without such permission]:

3[Provided that, no such permission shall be required in respect of the factories, workshop or work- place in the area, notified by the Maharashtra Industrial Development Corporation, within the jurisdiction of the corporation.]

1. (2) The Commissioner may refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop or work-place in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be a nuisance to the inhabitants of the neighbourhood. 4[(3) If any written permission for the establishment of a factory, workshop or work-place granted under sub-section (1) be revoked by the Commissioner in the exercise of his powers under sub-section This word was inserted by Mah. 21 of 1989, s. 45. These words were inserted by Bom. 1 of 1916, s. 11(a). This proviso was added by Mah. 23 of 2016, s. 2. Sub-section (3) was added by Bom. 1 of 1916, s. 11(b).

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1. (3) of section 479, no person shall continue or resume the working or use of such factory, workshop or work-place until such written permission is renewed or a fresh written permission is granted by the Commissioner.]

1. (1) No person shall—
   • (a) use or permit to be used any furnace employed for the purpose of any trade or manufacture, which dose not, so far as practicable, consume its own smoke; or
   • (b) so negligently use or permit to be used any such furnace as that it shall not, as far as practicable, consume its own smoke.
2. (2) Nothing in this section shall be deemed to apply to a locomotive engine used for the purpose of traffic upon any railway or for the repair of streets.

1. (1) Whenever it shall appear to the Commissioner that any factory, 1[* *] workshop or workplace, or any building or place in which steam, water or other mechanical power is employed, is not kept in a cleanly state or is not ventilated in such a manner as to render harmless, as far as practicable, any gas, vapour, dust or other impurity generated in the course of the work carried on therein, which is a nuisance, or is so overcrowded while work is carried on as to be dangerous or injurious to the health of the persons employed therein, or that any engine, mill-gearing, hoist or other machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb; the Commissioner may, by written notice, require the owner of such factory, 2[* *] workshop, workplace or other building or place to take such order for putting and maintaining the same, in cleanly state, or for ventilating the same, or for preventing the same from being overcrowded or for preventing danger to life or limb from any engine, mill-gearing, hoist or other machinery therein, as he shall think fit.
2. (2) Nothing in this section shall be deemed to affect any provision of the Bombay Boiler Inspection Act, 1887 (Bom. III of 1887) and nothing in this section which relates to the fixing or fencing of any engine, mill-gearing, hoist or other machinery shall apply on any factory to which the provisions of the

Prohibition of use of steam-whistle or steam-trumpet without permission of the Commissioner.— (1) No person shall, without the written permission of the Commissioner, use or employ in any factory or any other place, any steam-whistle or steam-trumpet for the purpose of summoning or dismissing workmen or persons employed:

5[Provided that, no such permission of the Commissioner, under this sub-section shall be required, if such factory or any other place is situated in the area, notified by the Maharashtra Industrial Development Corporation, within the jurisdiction of the corporation.]

1. (2) The Commissioner may at anytime revoke any permission which he has given for the use of any such instrument as aforesaid, on giving one month’s notice to the person using the same.
2. (3) Provided that nothing in sub-section (2) shall be deemed to require one month’s notice to be given by the Commissioner, if he suspends or revokes any such permission for any reason specified in sub-section (3) of section 479. The word “bakehouse” was repealed by Bom. 2 of 1911, s. 14. The word “bakehouse” was repealed by Bom. 2 of 1911, s. 14. Bom. 3 of 1887 was repealed by Bom. 2 of 1891 which was repealed by Bom. 5 of 1917, which was again repealed by Act 5 of 1923, Central Acts. Act 15 of 1881 is repealed by Act 12 of 1911 (the Indian Factories Act, 1911) which is again repealed by Act 25 of 1934, Central Acts. This proviso was added by Mah. 23 of 2016, s. 3.

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2[or animals] not to be kept, and certain trades, processes and operations not to be carried on, without a licence; and things liable to be seized, destroyed, etc., to prevent danger or nuisance.— (1) Except under and in accordance with the terms and conditions of the licence granted by the Commissioner, no person shall,—

1. (a) keep, or suffer or allow to be kept, in or upon any premises,—
   • (i) any article specified in Part I of Schedule M; or,
   • (ii) any article specified in Part II of Schedule M, in excess of the quantity therein specified as the maximum quantity (or where such article is kept alongwith any other article or articles specified in that Schedule, such other maximum quantity as may be notified by the Commissioner) of such article which may at any one time be kept in or upon the same premises without a licence;
2. (b) keep, or suffer or allow to be kept, in or upon any premises, for sale or for other than domestic use, any article specified in Part III of Schedule M;
3. (c) keep, or suffer or allow to be kept, in or upon any premises, horses, cattle or other four- footed animals for sale, for letting out on hire or for any purpose for which any charge is made or any remuneration is received, or for the sale of any produce thereof;
4. (d) keep or use, or suffer or allow to be kept or used, in or upon any premises, any article 3[or animal] which, in the opinion of the Commissioner, is dangerous to life, health or property, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, kept or used or suffered or allowed to be kept or used;
5. (e) carry on or allow or suffer to be carried on, in or upon any premises,—
   • (i) any of the trades specified in Part IV of Schedule M, or any process or operation connected with any such trade;
   • (ii) any trade, process or operation, which, in the opinion of the Commissioner, is dangerous to life, health or property, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;
6. (f) carry on within 4[Brihan Mumbai] or use or allow to be used any premises for, the trade or operation of a carrier.

1. (2) The State Government may, by notification in the Official Gazette, add to, amend or delete any item in Schedule M and thereupon, the said Schedule shall be deemed to be amended accordingly but without prejudice to anything done or omitted to be done before such amendment.
2. (3) A person shall be deemed—
   • (a) to have known that keeping any article 5[or animal] or carrying on a trade, process or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of clause (d) or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), after written notice to that effect, signed by the Commissioner, has been served on such person or affixed to the premises to which it relates;
   • (b) to keep or to suffer or allow the keeping of an article 6[or animal] or to carry on or allow to be carried on a trade, process or operation within the meaning of clause (d), or, as the case may be, paragraph (ii) of clause (e), of sub-section (1), if he does any act in furtherance of keeping of such article 7[or animal] or carrying on of such trade, process or operation or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handicraftsman, watchman or otherwise. Sections 394 and 394A were substituted for the original section 394 by Mah. 32 of 1962, s. 2. These words were inserted by Mah. 42 of 1976, s.11(e). These words were inserted by Mah. 42 of 1976, s.11(a). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Mah. 42 of 1976, s. 11(b). These words were inserted by Mah. 42 of 1976, s. 11(b). These words were inserted by Mah. 42 of 1976, s. 11(b).

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1. (4) If it appears to the Commissioner that the keeping of any article, 1[or animal] or the carrying on of any trade, process or operation, in or upon any premises, is dangerous or likely to create a nuisance within the meaning of clause (d), or paragraph (ii) of clause (e), of sub-section (1), the Commissioner may, by written notice, require the person keeping the article 2[or animal] or suffering or allowing it to be kept or the person carrying on the trade, process or operation or allowing it to be carried on, as the case may be, to take such measures (including discontinuance of the use of the premises for any such purpose) as may be specified by him in such notice in order to prevent such danger or nuisance; and if such measures are not taken within the specified time, the Commissioner may seize and carry away or seal such article 3[or animal] or any machinery or device used in connection with such trade, process or operation. Any article 4[or animal] or machinery or device so seized and carried away or sealed may be redeemed, within a period of one month from the date of seizure, on payment of such sum and subject to such conditions as to future use or disposition of such article 5[or animal], machinery or device as may be fixed by the Commissioner in that behalf: Provided that, if any article 6[or animal] so seized and carried away or sealed is of an explosive or dangerous nature, the Commissioner may by order in writing cause the same to be forthwith destroyed or otherwise disposed of, as he thinks fit: Provided further that, if any article 7[or animal] or machinery or device so seized and carried away or sealed is not claimed and redeemed by the owner or person found in possession thereof, the Commissioner may by order in writing cause the same to be sold by auction or otherwise disposed of as he thinks fit, forthwith if the article 8[or animal] is of a perishable nature, and in any other case after the expiry of the aforesaid period of one month. The proceeds of the sale or other disposal (if any) shall, after defraying therefrom the cost of the sale or such disposal, be paid to the owner or person found in possession of the article 9[or animal] or machinery or device sold or disposed of.
2. (5) It shall be in the discretion of the Commissioner—
   • (a) to grant any licence referred to in sub-section (1), subject to such restrictions or conditions (if any), as he shall think fit to specify, or
   • (b) for the purposes of ensuring public safety, to withhold any such licence: Provided that, the Commissioner when withholding any such licence shall record his reasons in writing for such withholding and furnish the person concerned a copy of his order containing the reasons for such withholding: Provided further that, any person aggrieved by an order of the Commissioner under this sub-section may, within sixty days of the date of such order, appeal to the Chief Judge of the Small Cause Court, whose decision shall be final.
3. (6) Every person to whom a licence is granted by the Commissioner under sub-section (5) shall,—
   • (a) keep such licence in or upon the premises, if any, to which it relates;
   • (b) put up a board outside such premises on a conspicuous part, indicating thereon the nature of the article 10[or animal] kept or the trade, process or operation carried on, in or upon the premises, the municipal licence number, if any, in respect thereof and the name and local address of the owner or occupier or person in charge of the premises;
   • (c) put proper label on the packing or container of every licensable article to indicate its name, contents and hazardous nature. These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(c). These words were inserted by Mah. 42 of 1976, s. 11(d).

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1. (7) The Commissioner may from time to time with the approval of 1[the Standing Committee] specially exempt from the operation of this section any mills for spinning or weaving, cotton, wool, silk or jute or any other large mill or factory.

Notwithstanding anything contained in the last foregoing section, the State Government may, from time to time, by notification in the Official Gazette, prohibit absolutely or subject to conditions, the keeping or suffering or allowing the keeping (either permanently or during a specified period) in any premises or class of premises or in any area or areas, which may be specified in the notification, of any article mentioned in Part I of Schedule M, being an article which in the opinion of the State Government is of so dangerous a character that it is expedient in the interest of public safety, having regard to the density of population and other relevant factors, to issue such notification.]

1. (1) No person engaged in any trade or manufacture specified in Schedule M shall—
   • (a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid;
   • (b) wilfully do any act connected with any such trade or manufacture as aforesaid, whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place for water is fouled or corrupted.
2. (2) The Commissioner may, after giving not less than twenty-four hour’s previous notice in writing to the owner or to the person who has the management or control of any works, pipes or conduits, connected with any such manufacture or trade as aforesaid, lay open and examine the said works, pipes or conduits; and if, upon such examination, it appears that sub-section (1) has been, contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses of such laying open and examination and of any measure which the Commissioner shall, in his discretion, require to be adopted for the discontinuance of the cause of such contravention, shall be paid by the owner of the said works, pipes or conduits, or by the person who has the management or control thereof, or through whose neglect or fault the said sub-section has been contravened; but if it appears that there has been no contravention of the said sub-section, that said expenses and compensation for any damage occasioned by the said laying open and examination shall be paid by the

Powers of inspection, etc., of premises where licensable articles are kept or trade, process or operation carried on or where prohibited articles are kept.— (1) The Commissioner may at any time, by day or by night, without notice, enter into or upon, and inspect or examine, any premises used or likely to be used for the purposes mentioned in section 394 or 394-A, and upon any premises in which a furnace is employed for the purpose of any trade, process or operation, and into any bakehouse, and take samples if need be by breaking open the container or call upon any person who may be keeping or suffering or allowing the keeping of any article or carrying on or allowing to carry on any trade, process or operation to give samples of the article kept or products of the trade, process or operation, in order to, satisfy himself as to whether any provision of this Act or any regulation or bye-law or notification made or issued thereunder or any condition of a licence granted under this Act has been or is being contravened, and as to whether any nuisance is created, or is likely to be created upon such premises.

1. (2) Every person in charge, whether as principal, agent, clerk, master, servant, workman, handicraftsman, watchman or otherwise of any premises where any article requiring a licence under section 394 or any article prohibited under section 394-A is kept or likely to be kept, or where any trade, These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 159. Section 396 was substituted for the original by Mah. 32 of 1962, s. 3.

320 The Mumbai Municipal Corporation Act [1888 : III

process or operation requiring a licence under section 394 is carried on or likely to be carried on, shall, whenever required by the Commissioner, either verbally or in writing, keep the premises open for his inspection and exercise of the other powers conferred on him by sub-section (1).

1. (3) No claim shall lie against any person for compensation for any damage in good faith and necessarily caused by the exercise of any of the powers conferred by sub-section (1) or by the use of any force reasonably necessary for the effective exercise of such powers: Provided that, force shall not be used for the purpose aforesaid unless when there is reason to

believe that an offence is being committed against some provisions of this Act or some regulation or

bye-law or notification made or issued thereunder.]

1. (1) The Commissioner may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as he shall appoint for this purpose;

and, when any such prohibition has been made, no person who is by calling, a washermen shall

wash clothes at any place not appointed for this purpose by the Commissioner, except for such person himself or for the owner or occupier of such place.

1. (2) Washing places to be provided by the Commissioner for washermen.— The Commissioner shall provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use of any such place as shall from time to time be determined by the Commissioner, with the approval of the 1[Standing Committee]. Maintenance and Regulation of Markets and Slaughter-Houses

2[(1)] All markets and slaughter-houses which belong to or are maintained by the corporation shall be called “municipal markets” or “municipal slaughter-houses”. All other markets and slaughter-houses shall be deemed to be private.

3[(2) The corporation may also establish markets for the purchase and sale of or trading in agricultural produce

4[, animals, elegant or exotic birds and elegant or exotic fishes (except those animals, birds and fishes prohibited under the Wildlife (Protection) Act, 1972 (53 of 1972) or under any other law for the time being in force)] specified in Schedule JJ. The corporation may, with the previous sanction of the State Government, add to, amend or cancel, by notification in the Official Gazette, any of the items of agricultural produce

5[, animals, elegant or exotic birds and elegant or exotic fishes (except those animals, birds and fishes prohibited under the Wildlife (Protection) Act, 1972 (53 of 1972) or under any other law for the time being in force)] specified in Schedule JJ.]

1. (1) The Commissioner, when authorised by the corporation in this behalf, may construct, purchase or take on lease any building or land for the purpose of establishing a new municipal market or a new municipal slaughter-house or of extending or improving any existing municipal market or slaughter-house, and may from time to time, build and maintain such municipal markets and slaughter-houses and such stalls, shops, sheds, pens and other building or conveniences for the use of the persons carrying on trade or business in or frequenting, such municipal markets or slaughter-houses, and provide and maintain in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 160. Section 398 was re-numbered as sub-section (1) of that section by Bom. 54 of 1955, s. 9. This sub-section was added by Bom. 54 of 1955, s. 9. These words, brackets and figures were inserted by Mah. 31 of 2018, s. 2(a). These words, brackets and figures were inserted by Mah. 31 of 2018, s. 2(b).

1888 : III] The Mumbai Municipal Corporation Act 321

1. (2) Municipal slaughter-houses may be situate within or with the sanction of 1[the 2[State] Government] without 3[Brihan Mumbai].

The Commissioner may, with the sanction of the corporation and of

4[the

5[State] Government], at any time, close any municipal market or slaughter-house; and the premises occupied for any market or slaughter-house so closed may be disposed of as the property of the corporation.

1. (1) No person shall, without a licence from the Commissioner, sell or expose for sale any animal 6[, elegant or exotic bird and elegant or exotic fish (except those animals, birds and fishes prohibited under the Wildlife (Protection) Act, 1972 (53 of 1972) or under any other law for the time being in force)] or article in any municipal market.
2. (2) Any person contravening this section may be summarily removed by the Commissioner or by any municipal officer or servant.

1. (1) The corporation shall from time to time determine whether the establishment of new private markets shall be permitted in 7[Brihan Mumbai] or in any specified portion of the 8[Brihan Mumbai].
2. (2) No person shall establish a new private market for the sale of, or for the purpose of exposing for sale, animals intended for human food, or any other article of human food, except, with the sanction of the Commissioner, who shall be guided in giving such sanction by the decisions of the corporation at the time in force under sub-section (1). 9[The owner or occupier of a place in which a private market is established shall, for the purposes of this sub-section, be deemed to have established such market.]
3. (3) When the establishment of a new private market has been so sanctioned, the Commissioner shall cause a notice of such sanction to be affixed in the English, Marathi, Gujarati, 10[Hindi] and Urdu languages on some conspicuous spot on or near the building or place where such market is to be held. 403. 11[Private markets not to be kept or permitted to be kept open and no place to be used or permitted to be use as slaughter-house, without licence].— (1) No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf—
   • (a) keep open 12[or permit to be kept open] a private market;
   • (b) use 13[or permit to be used] any place in 14[Brihan Mumbai] as a slaughter-house or for the slaughtering of any animal intended for human food;
   • (c) use 15[or permit to be used] any place without 16[Brihan Mumbai] whether as a slaughter- house or otherwise, for the slaughtering of any animal intended for human food to be consumed in 17[Brihan Mumbai].
4. (2) Provided that— The words “the Provincial Govrnment” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bomaby” by Mah. 25 of 1996, s. 2, Schedule. The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words, brackets and figures were inserted by Mah. 31 of 2018, s. 3. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bomaby” by Mah. 25 of 1996, s. 2, Schedule. These words were added by Bom. 5 of 1938, s. 39. This word was inserted by Mah. 21 of 1989, s. 46. This marginal note was substituted for the original by Bom. 20 of 1952, s. 16(2). These words were inserted by Bom. 5 of 1938, s. 40. These words were inserted by Bom. 5 of 1938, s. 40. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Bom. 5 of 1938, s. 40. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

322 The Mumbai Municipal Corporation Act [1888 : III

1. (d) the Commissioner shall not refuse, cancel or suspend any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation framed under section 406 or with some by-law made under this Act, at the time in force and shall not cancel or suspend any such licence without the approval of 1[the Standing Committee]. 2[(dd) the Commissioner may with the previous approval of 3[the Standing Committee] cancel or suspend, any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing, shed, pen or other place therein;]
2. (e) nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he think fit, on the occasion of any festival or ceremony or under special circumstances; 4[(f) the Commissioner may suspend the licence of a trader, an owner of a private market or of an abattoir for a period not exceeding sixty days if it is found that the trader or the owner of the private market or, as the case may be, the abattoir is not taking proper measures to keep the premises clean or is not disposing the trade refuse including carcass of dead animals in the proper manner.] 5[(2A) Any animal or flesh intended for human food found in the possession of any person contravening the provisions of clause (b) or (c) of sub-section (1) may be seized by the Commissioner or any municipal officer or servant or by any police officer and any such animal or flesh may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, arising from such sale shall belong to the Corporation. (2B) For the purposes of this section, the owner or occupier of any place which is habitually used for the slaughter of animals intended for human food shall be deemed to have used or permitted to be used such place for the slaughter of animals unless he proves that the place was so used without his knowledge.]

1. (3) When the Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in the English, Marathi, Gujarati, 6[Hindi] and Urdu languages on some conspicuous spot on or near the building or place where such market has been held.

permitted to be used as slaughter-house, without licence.

No person who knows that any

private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of food.

The Commissioner may, by written notice, require the owner, farmer or occupier of any private market or slaughter-house, to cause—

1. (a) the whole or any portion of the floor of the market-building, place or slaughter- house to be paved with dressed stone or other suitable material;
2. (b) such drains to be made in or from the market-building, market place or slaughter-house, of such material, size and description, at such level and with such outfall, as to the Commissioner may appear necessary. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 161. Clause (dd) was inserted by Bom. 32 of 1935, s. 12. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 161. This clause was added by Mah. 10 of 1998, s. 192(b). Sub-section (2A) and (2B) were inserted by Bom. 64 of 1953, s. 16. This word was inserted by Mah. 21 of 1989, s. 47.

1888 : III] The Mumbai Municipal Corporation Act 323

1[The Corporation may,]

2[with the approval of the Standing Committee,] from time to time, make regulations, not inconsistent with any provision of this Act, or of any by-law made under this Act at the time in force—

1. (a) for preventing nuisance of obstruction in any market-building, market place, or slaughter- house or in the approaches thereto;
2. (b) fixing the days and the hours on and during which any market or slaughter- house may be held or kept open for use;
3. (c) for keeping every market-building, market place and slaughter-house in a cleanly and proper state, and for removing filth and refuse therefrom;
4. (d) requiring that any market-building, market-place or slaughter-house be properly ventilated and be provided with a sufficient supply of water;
5. (e) requiring that in market-buildings and market-places, passages be provided between the stalls of sufficient width for the convenient use of the public; 3[(f) for regulating the purchase and sale of and conditions of trading in agricultural produce 4[, animals, elegant or exotic birds and elegant or exotic fishes (except those animals, birds and fishes prohibited under the Wildlife (Protection) Act, 1972 (53 of 1972) or under any other law for the time being in force)] specified in Schedule JJ in any market-building or market-place.]

The Commissioner may—

1. (a) charge for the occupation or use of any stall, shop, standing, shed or pen in a municipal- market or slaughter-house, and for the right to expose goods for sale in a municipal market, and for weighing and measuring goods sold in any such market and for the right to slaughter animals in any municipal slaughter-house such stallages, rents and fees as shall from time to time be fixed by him, with the approval of 5[the Standing Committee,] in this behalf; or
2. (b) with the approval of 6[the Standing Committee,] from the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time; or
3. (c) put up to public auction, or, with the approval of 7[the Standing Committee,] dispose of, by private sale, the privilege of occupying or using any stall, shop, standing, shed or pen, in a municipal market or slaughter-house for such term and on such conditions as he shall think fit.

(1) No person shall, without the written permission of the Commissioner and

without the payment of such fees as may be

9[prescribed by the Corporation], remove any live cattle,

sheep, goats or swine from any Municipal slaughter-house or from any Municipal market or premises used or intended to be used for or in connection with such slaughter-house: Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, market or premises and which has not been within such slaughter-

These words were substituted for the words “The Commissioner may, with the approval of the Standing Committee” by Mah. 10 of 1998, s. 193. These words were inserted by Mah. 27 of 1999, s. 162. This clause was added by Bom. 54 of 1955, s. 10. These words, brackets and figures were inserted by Mah. 31 of 2018, s. 4. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 163. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 163. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 163. New section 407A was inserted by Bom. 12 of 1936, s. 7. Section 10 of Bom. 12 of 1936 reads as under— “Notwithstanding anything contained in the City of Bombay Municipal (Amendment) Act, 1936 (Bom. 12 of 1936), it shall be deemed always to have been lawful for the Commissioner prior to the commencement of the said Act, to require his written permission for the removal of any cattle, sheep, goats or swine from any Municipal slaughter-house or from any Municipal market or premises used or intended to be used for or in connection with such slaughter-house and to fix and charge fees for the grant of such permission (Vide Bom. 12 of 1936, s. 10.) These words were substituted for the words “prescribed by him” by Mah. 10 of 1998, s. 195(a).

324 The Mumbai Municipal Corporation Act [1888 : III

house, market or premises for a period longer than that prescribed under regulations made by the

1[Corporation] in this behalf, or which has in accordance with any by-law made under this Act, been rejected as unfit for slaughter at such slaughter-house, market or premises.

1. (2) Any fee paid for permission under sub-section (1) in respect of any animal removed to a Panjrapole shall, subject to the regulations made by the 2[Corporation] in this behalf, be refunded on the

production of a certificate from the Panjrapole authorities that such animal has been received in their

charge.]

(1) A printed copy of the regulations and of the table of stallages, rents and fees, if any in

force in any market or slaughter-house under the

3[sections 406, 407 and 407A], in the English, Marathi, Gujarati,

4[Hindi] and Urdu languages, shall be affixed in some conspicuous spot in the market-building, market-place or slaughter-house.

1. (2) No person shall, without authority, destroy, pull down, injure or deface any copy of any regulation or table so affixed.

The Commissioner may expel from any municipal market of slaughter-house any person, who or whose servants has been convicted of contravening any by-law made under this Act, or any regulation made under section 406, at the time in force in such market or slaughter-house and may prevent such person, by himself or his servants, further carrying on any trade or business in such market or slaughter-house or occupying any stall, shop, standing shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing shed, pen or place. Sale

5[or Supply] of articles of food outside of markets

6[or supply] of animals, etc., except in a market.— (1) Except as hereinafter provided, no person shall, without a licence from the Commissioner,

7[sell or supply or

expose for sale or supply] any

8[animal or bird or any meat or flesh or fish] intended for human food, in any place other than a Municipal or private market:

1. (2) Provided that nothing in sub-section (1) shall apply to fresh fish sold from or exposed for sale in, a vessel in which it has been brought direct to the seashore, after being caught at sea.

Butchers and persons who

9[sell or supply] the flesh of animals to be licensed.—No person shall without, or otherwise than in conformity with the term of a licence granted by the Commissioner in this behalf—

1. (a) carry on within 10[Brihan Mumbai], or at any Municipal slaughter-house the trade of a butcher;
2. (b) use any place in 11[Brihan Mumbai], 12[for the sale or supply], of the flesh of any animal 13[or bird] intended for human food, or any place without 14[Brihan Mumbai] 15[for the sale or supply] of such flesh for consumption in 16[Brihan Mumbai]. This word was substituted for the word “Commissioner” by Mah. 10 of 1998, s. 195(b). This word was substituted for the word “Commissioner” by Mah. 10 of 1998, s. 195(b). The words, figures and letter “sections 406, 407 and 407A” were substituted for the words “two last preceding sections” by Bom. 12 of 1936, s. 8. This word was inserted by Mah. 21 of 1989, s. 48. These words were inserted by Bom. 64 of 1953, s. 17(2). These words were inserted by Bom. 64 of 1953, s. 17(3). These words were substituted for the words “sell or expose for sale,” by Bom. 64 of 1953, s. 17(1). These words were substituted for the words “four footed animal or any meat or fish” by Mah. 10 of 1998, s. 196. These words were substituted for the word “sell” by Bom. 64 of 1953, s. 18(2). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “for the sale” by Bom. 64 of 1953, s. 18(1). These words were inserted by Mah. 10 of 1998, s. 197. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “for the sale” by Bom. 64 of 1953, s. 18(1). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

1888 : III] The Mumbai Municipal Corporation Act 325

2[Brihan Mumbai] without permission.— (1) No person shall without the written permission of the Commissioner bring into

3[Brihan Mumbai] any cattle, sheep, goats or swine intended for human food, or the flesh or any such animal which has been slaughtered at any slaughter house or place not maintained or licensed under this Act. (1-A) Any Police Officer may arrest without warrant any person bringing into

4[Brihan Mumbai] any animal or flesh in contravention of sub-section (1).

1. (2) Any animal brought into 5[Brihan Mumbai] in contravention of this section may be seized by the Commissioner or by any Municipal Officer or servant and any flesh brought into 6[Brihan Mumbai] in contravention of this section may be seized by the Commissioner or by Municipal Officer or servant or by any Police Officer or in or upon railway premises by any Railway servant and any animal or flesh so seized may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, shall belong to the corporation.
2. (3) Nothing in this section shall be deemed to apply to cured or preserved meat.]

No person shall without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf,—

1. (a) carry on within 8[Brihan Mumbai], the trade or business of a dealer in or importer or seller or hawker of milk, 9[butter 10[ghee] or other milk products];
2. (b) use any place in 11[Brihan Mumbai] for the sale of milk, 12[butter 13[ghee] or other milk products].

Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the provisions of this Act is suspected.— (1) If the Commissioner shall have reason to believe that any animal intended for human food is being slaughtered, or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under the provision of the Act, the Commissioner may, at any time, by day or by night, without notice, enter such place for the purpose of satisfying himself as to whether any provision of this Act or of any by-law made under this Act at the time in force is being contravened thereat.

1. (2) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for effecting such entry.

It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.

This section was substituted for the original section by Bom. 2 of 1911, s. 16. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Section 412A was inserted by Bom. 6 of 1923, s. 7. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Bom. 6 of 1916, s. 8. The word “ghee” was inserted by Bom. 32 of 1935, s. 13. There words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Bom. 6 of 1916, s. 8. The word “ghee” was inserted by Bom. 32 of 1935, s. 13.

326 The Mumbai Municipal Corporation Act [1888 : III

1. (1) The Commissioner may at all reasonable times inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same.
2. (2) If any such animal or article appears to the Commissioner to be diseased or unsound or unwholesome or unfit for human food or for medicine, as the case may be, or is not what it is represented to be, or if any such utensil or vessel is of kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human food or for medicine, as the case may be, he may seize and carry away such animal, article, utensil or vessel, in order that the same may be dealt with as hereinafter provided 1[and he may arrest and take to the nearest Police Station any person in charge of any such animal or article].

If any meat, fish, vegetable or other article of a perishable nature be seized under the last preceding section and the same is, in the opinion of the Commissioner, diseased, unsound, unwholesome or unfit for human food or for medicine, as the case may be, the Commissioner shall cause the same to be forthwith destroyed in such manner as

to prevent its being again exposed for sale or used for human food or for medicine, and the expenses

thereof shall be paid by the person in whose possession such article was at the time of its seizure.

1. (1) Any animal and any article not of a perishable nature and any utensil or vessel seized under section 415 shall be forthwith taken before a Presidency Magistrate.
2. (2) If it shall appear to such Magistrate that any such animal or article is diseased, unsound or unwholesome or unfit for human food, or for medicine, as the case may be, or is not what it was represented to be or that such utensil or vessel is of such kind or in such state as aforesaid, 3[he may, and if it is diseased, unsound, unwholesome or unfit for human food and unfit for medicine he shall cause] the same to be destroyed at the charge of the person in whose possession it was at the time of its seizer, in such manner as to prevent the same being again exposed or hawked about for sale or used for human food, or for medicine, or for preparation or manufacture of, or food containing any such article as aforesaid.

1928, s. 15.

In every case in which food, on being dealt with under section 417, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human food, the owner thereof or the person in whose possession it was found not being merely bailee or carrier thereof, shall, if any such case the provisions of section 273 of the Indian Penal Code (XLV of 1860) do not apply, be punished with fine which may extend to

5[five] hundred rupees.

In all prosecutions under section

6[* * *] 417B the Magistrate shall, refuse to issue a summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person is accused.] Weights and Measures

These words were inserted by Bom, 6 of 1913, s. 8. The Explanation added to s. 415 by Bom. 2 of 1899, s. 5(1)(a) was repealed by Bom. 10 of 1928. These words were substituted for the original words by Bom. 2 of 1899, s. 6(1)(a). Sections 417B and 417C were inserted by Bom. 2 of 1899, s. 6(1)(b). This word was substituted for the word “one” by Bom. 76 of 1948, s. 26. The figures, letter and word “417A or were” repealed by Bom. 5 of 1925, s. 20, Schedule B.

1888 : III] The Mumbai Municipal Corporation Act 327

418.

3[Weights and measures of which standards are provided are to be adopted; penalties.] Repealed by Bom. 15 of 1932. Prevention of spread of dangerous diseases

4[or continuous pyrexia of

unknown origin].— Every medical practitioner who treats or becomes cognizant of the existence of any dangerous disease

5[or any case of continuous pyrexia of unknown origin of more than four day’s

duration] in any private or public dwelling, other than a public hospital, shall give information of the

same with the least practicable delay to the executive health officer. The said information shall be communicated in such form and with such details as the executive health officer, with the consent of the

Any place may at any time be inspected for purpose of preventing spread of dangerous disease.— The Commissioner may at any time, by day or by night, without notice or after giving such notice of his intention as shall, in the circumstances, appear, to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.

1. (1) If it shall appear to the Commissioner that the water in any well, tank or other place is likely, if used for drinking, to endanger or cause the spread of any dangerous disease, he may, by public notice, prohibit the removal or use of the said water for the purpose of drinking.
2. (2) No person shall remove or use for the purpose of drinking any water in respect of which any such public notice has been issued.

1. (1) The Commissioner or any police officer empowered by him in this behalf may, on a certificate signed by the executive health officer or by any duly qualified medical practitioner, direct or cause the removal of any person who is, in the opinion of such executive health officer or other medical practitioner, without proper lodging or accommodation or who is lodged in a building occupied by more than one family, and who is suffering from a dangerous disease, to any hospital or place at which patients suffering from the said disease are received for medical treatment.
2. (2) The person, if any, who has charge of a person in respect of whom an order is made under sub- section (1) shall obey such order.

1. (1) If the Commissioner is of opinion that the cleansing or disinfecting of a building, or of a part of a building, or of any article therein likely to retain infection would tend to prevent or check the spread of any dangerous disease he may, by written notice, require

the owner or occupier of such building to cleanse of disinfect such building or part thereof or article

therein, and, if it shall appear to the Commissioner necessary to vacate the said building for such time as shall be prescribed in the said notice:

1. (2) Provided that, if in the opinion of the Commissioner, the owner or occupier is from poverty or other cause effectually to comply with such requisition the Commissioner may cause the building or part Sections 418, 419 and 420 were repealed by Bombay Weights and Measures Act, 1932 (Bom. 15 of 1932), Second Schedule, Part II, which came into effect in Bombay City on 1 st August 1945, vide G. N., G.D., No, 9518, dated 30 th April 1935. Sections 418, 419 and 420 were repealed by Bombay Weights and Measures Act, 1932 (Bom. 15 of 1932), Second Schedule, Part II, which came into effect in Bombay City on 1 st August 1945, vide G. N., G.D., No, 9518, dated 30 th April 1935. Sections 418, 419 and 420 were repealed by Bombay Weights and Measures Act, 1932 (Bom. 15 of 1932), Second Schedule, Part II, which came into effect in Bombay City on 1 st August 1945, vide G. N., G.D., No, 9518, dated 30 th April 1935. These words were inserted by Bom. 20 of 1952, s. 17(2). These words were inserted by Bom. 20 of 1952, s. 17(1).

328 The Mumbai Municipal Corporation Act [1888 : III

of the building or article likely to retain infection to be cleansed or disinfected and defray the cost of so doing.

1. (1) If the Commissioner is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any dangerous disease, he may, after giving to the owner or occupier of such hut or shed such previous notice of his intention as

may in the circumstances of the case appear to him reasonable, take measures for having such hut or

shed and all the materials thereof destroyed.

1. (2) Compensation may be paid by the Commissioner, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed; but, except as so allowed by the

Second-hand clothing and bedding not to be brought into

2[Brihan Mumbai] without informing Commissioner and getting them inspected.— (1) Every person who brings or causes to be brought by sea into

3[Brihan Mumbai] any article of used or second-hand clothing or bedding which does

not form part of a passenger’s baggage shall, within twenty-four hours of the bringing of such article

into

4[Brihan Mumbai] give to the Commissioner notice in writing, containing full particulars as to the nature and condition of the said article and the place from which it is brought, and take it for inspection to the place prescribed under sub-section (5) for the inspection of such articles. If no such place has been prescribed, the notice shall also state the place where the said article may be inspected.

1. (2) The Commissioner shall examine the said article and, if he is of opinion that it is not free from infection, he may direct that it shall be adequately disinfected within such period, in such manner and by such agency, as he may determine.
2. (3) If the Commissioner is satisfied that the said article is free from infection or that it has been adequately disinfected, he shall give a certificate to that effect.
3. (4) No person shall deal with or remove or dispose of the said article otherwise than in accordance with a direction of the Commissioner or an officer of the Customs until a certificate under sub-section
4. (3) has been given in respect thereof.
5. (5) The Commissioner may, in consultation with the Collector of Customs and the Trustee of the Port of Bombay prescribe or appoint from time to time a place or places at which any article of the nature described in sub-section (1) may be inspected.
6. (6) The Commissioner may from time to time, with the approval of the standing committee, prescribe a fee to be paid for the inspection of any article of the nature described in sub-section (1) and for the giving of a certificate under sub-section (3) and, where any article is disinfected by municipal agency, or the disinfection thereof.
7. (7) Where a person contravening any provision of this section is a company or other body corporate or an association of persons (whether incorporated or not), every person who at the time of the commission of the offence was a director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be liable to the punishment provided for the offence.
8. (8) Nothing contained in this section shall apply to any articles of used or second-hand clothing or bedding contained in bale which is taken direct from the docks to a railway station 5[Brihan Mumbai] for export to and disposal at a place outside and beyond the limits of 6[Brihan Mumbai]. Explanation.— For the purpose of this section a passenger’s baggage shall mean such goods as are determined to be his baggage in actual use under section 24 of the Sea Customs Act, 1878 (VIII of 1878).] This section was inserted by Bom. 76 of 1948, s. 27. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

1888 : III] The Mumbai Municipal Corporation Act 329

1. (1) The Commissioner may provide a place, with all necessary apparatus and attendance, or the disinfection of clothing, bedding for other articles which have become infected, and in his discretion may have articles brought to such place for disinfection, disinfected on payment of such fees as he shall from time to time, fix with the approval of the 1[Standing Committee] in this behalf, or, in any case in which thinks fit, free of charge.
2. (2) The Commissioner may, from time to time, by public notice, appoint a place at which clothing, bedding, or other articles which have been exposed to infection from any dangerous disease may be washed; and no person shall wash any such article at any place not so appointed without having previously disinfected the same.
3. (3) Infected articles may be destroyed.— The Commissioner may direct the disinfection or destruction of bedding, clothing or other articles likely to retain infection.
4. (4) The Commissioner may, in his discretion, give compensation for any article destroyed under sub-section (3).

(1) No person who is suffering from a dangerous disease shall enter a public conveyance without previously notifying to the owner, driver or person in charge of such conveyance that he is so suffering.

1. (2) Notwithstanding anything contained in any Act relating to public conveyances for the time being in force, no owner or driver or person in charge of a public conveyance shall be bound to carry any person suffering as aforesaid in such conveyance unless payment or tender of sufficient compensation for the loss and expenses he must incur in disinfecting such conveyance is first of all made to him.

The Commissioner with the sanction of the corporation, may provide and maintain suitable conveyance for the free carriage of persons suffering from any dangerous disease ; and when such conveyances have been provided, it shall not be lawful to convey any such person by any other public conveyance.

(1) No person who is suffering from a dangerous disease shall—

1. (a) without proper precautions against spreading such disease, cause or suffer himself to be carried in a public conveyance;
2. (b) cause or suffer himself to be carried in a public conveyance contrary to the provision of the last preceding section.

1. (2) No person shall go in company with, or take charge of, any person suffering as aforesaid, who causes or permits himself to be carried in a public conveyance in contravention of sub-section (1).
2. (3) No owner or driver or person in charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as aforesaid, in contravention of the said sub- section.

The owner, driver or person in charge of a public conveyance in which any person suffering as aforesaid has been carried shall immediately provide for the disinfection of the same.

(1) No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of any article which he knows or has reason to know has been exposed to infection from any dangerous disease. (2) Nothing in this section shall be deemed to apply to a person who transmits, with proper precautions, any such article for the purpose of having the same disinfected. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 164. 330 The Mumbai Municipal Corporation Act [1888 : III

article which he knows or has reason to know has been exposed to infection from any dangerous disease.

1. (2) Nothing in this section shall be deemed to apply to a person who transmits, with proper precautions, any such article for the purpose of having the same disinfected. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 164.

330 The Mumbai Municipal Corporation Act [1888 : III

1. (1) No person shall let a building or any part of a building, in which he knows or has reason to know that a person has been suffering from a dangerous disease, without first having such building or part thereof and every article

therein likely to remain infectious disinfected, to the satisfaction of the executive health officer or of

some duly qualified medical practitioner, as testified by such officer’s or medical practitioner’s certificate.

1. (2) For the purpose of this section the keeper of a hotel or inn shall be deemed to let part of his building to any person accommodated in such hotel or inn. Special sanitary measures

(1) In the event of

1[Brihan Mumbai] being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infectious disease breaking out or being likely to be introduced into

2[Brihan Mumbai] amongst, cattle— including under this expression sheep and goats,—the Commissioner,-—if he thinks the ordinary provisions of this Act or of any other law at the time in force are insufficient for the purpose, may with the sanction of

3[the

4[State] Government].—

1. (a) take such special measures, and
2. (b) by public notice prescribe such temporary regulations to be observed by the public or by any person or class of persons, as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.

1. (2) The Commissioner shall forthwith report to the Corporation any measure taken and any regulations prescribed by him under sub-section (1). Disposal of the dead

Every owner or person having the control of a place used for burying, burning or otherwise disposing of the dead shall cause the same to be registered in a register which shall be kept by some municipal officer charged by the Commissioner with

this duty, and shall deposit in the municipal office at the time of registration a plan of the said place,

showing the extent and boundaries thereof, bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor.

If the existing places for the disposal of the dead shall at any time appear to be insufficient, or if any such place is closed under the provisions of section 438, the Commissioner shall, with the sanction of the corporation, provide other fit and convenient places for the said purpose, either within or without

5[Brihan Mumbai] and shall cause the same to be registered in the register kept under section 435, and shall deposit in the municipal office, at the time of registration of each place so provided, a plan thereof showing the extent and boundaries of the same and bearing the signature of the municipal

6[city engineer].

Commissioner.— No place, which has never previously been lawfully used as place for the disposal of the dead and registered as such, shall be opened by any person for the said purpose without the written permission of the Commission, who, with the approval of the Corporation, may grant or withhold such permission. 438.

7[State] Government may direct the closing of any place for the disposal of the dead.—

1. (1) If, from information furnished by competent person and after personal inspection, the Commissioner shall at any time be of opinion— These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “The Provincial Government” were substituted for the word “Government” by the adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “city engineer” were substituted for the words “executive engineer” by Bom. 19 of 1930, s. 6. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 331

1. (a) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any church-yard or burial ground adjacent thereto, or
2. (b) that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health, he may submit his said opinion, with the reasons therefor, to the corporation, who shall forward the same with their opinion, for the consideration of the 1[ 2[State] Government].

1. (2) Upon receipt of such opinions, the 3[ 4[State] Government], after such further inquiry, if any, as 5[it] shall deem fit to cause to be made, may, by notification published in the 6[Official Gazette] and in the local newspapers, direct that such place of public worship or other place for the disposal of the dead be no longer used for the disposal of the dead. Every order so made shall be noted in the register kept under section 435.
2. (3) On the expiration of two months from the date of any such order of the 7[ 8[State] Government], the place to which the same relates shall be closed for the disposal of the dead.
3. (4) A copy of the said notification, with a translation thereof, in the Marathi, Gujarati, 9[Hindi] and

10[State] Government may sanction the reopening of places which have been closed for the disposal of the dead.— (1) If, after personal inspection, the Commissioner shall at any time be of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of the last preceding section or under any other law or authority has by lapse of time become no longer injurious to health, and may without risk of danger be again used for the said purpose, he may submit his said opinion, with the reasons therefor, to the corporation, who shall forward the same, with their opinion, for the consideration of the

11[

12[State] Government].

1. (2) Upon receipt of such opinion, the 13[ 14[State] Government] after such further inquiry, if any as 15[it] shall deem fit to cause to be made, may by notification published as aforesaid direct that such place be re-opened for the disposal of the dead.

Burials within places of worship and exhumations not to be made without the permission of the Commissioner.— (1) No person shall without the written permission of the Commissioner under sub-section (2)—

1. (a) make any vault or grave or internment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship;
2. (b) make any internment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 438; The words “Provincial Government” were substituted for the words “Government in Council” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Government in Council” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The word “it” was substituted for the word “he” by the Adaptation of Indian Laws Order in Council. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. The words “Provincial Government” were substituted for the words “Government in Council” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was inserted by Mah. 21 of 1989, s. 49. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Government in Council” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Government in Council” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The word “it” was substituted for the word “he” by the Adaptation of Indian Laws Order in Council.

332 The Mumbai Municipal Corporation Act [1888 : III

1. (c) build, dig, or cause to be built or dug, any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse as any place which is not registered in the register kept under section 435;
2. (d) exhume any body except under the provisions of section 176 of 1[the Code of Criminal Procedure, 1973 (2 of 1974),] or of any other law for the time being in force, from any place for the disposal of the dead.

1. (2) The Commissioner may in special cases grant permission for any of the purposes aforesaid, subject to such general or special order as the 2[ 3[State] Government] may from time to time make in this behalf.
2. (3) An offence against this section shall be deemed to be a cognizable offence within the meaning of sections 149,150 and 151 of 4[the Code of Criminal Procedure, 1973 (2 of 1974).]

No person shall—

1. (a) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;
2. (b) carry a corpse or part of a corpse along any street without having and keeping the same

decently covered or without taking such precautions to prevent risk of infection or injury to the

public health as the Commissioner may, by public notice, from time to time, think fit to require;

1. (c) except, when no other route is available, carry a corpse or part of a corpse along any street along which the carrying of corpses is prohibited by a public notice issued by the Commissioner in this behalf;
2. (d) remove a corpse or part of a corpse, which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle;
3. (e) whilst conveying a corpse or part of a corpse, place or leave the same on or near any street without urgent necessity;
4. (f) bury or cause to be buried any corpse or part of a corpse in a grave or vault or otherwise in such manner as that the surface of the coffin, or when no coffin is used, of the corpse or part of a corpse, shall be at a less depth than six feet from the surface of the ground;
5. (g) build, or dig, or cause to be built or dug, any grave or vault in any burial ground at a less distance than two feet from the margin of any other grave or vault;
6. (h) build or dig, or cause to be built or dug, a grave or vault in any burial ground in any line not marked out for this purpose by or under the order of the Commissioner;
   • (i) without the written permission of the Commissioner, re-open, for the internment of a corpse or of any part of a corpse, a grave or vault already occupied;
7. (j) after bringing or causing to be brought to a burning-ground any corpse or part of a corpse, fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground;
8. (k) when burning or causing to be burnt any corpse, or part of a corpse, permit the same or any portion thereof to remain without being completely reduced to ashes, or permit any cloth or other article used for the conveyance or burning of such corpse or part of a corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes.