The Designated Officer shall have jurisdiction over such local area as may be specified in the

notification and different officers may be designated for different local areas.]

11[(1A)] The Commissioner shall, by notification in the Official Gazette, designate an officer of the corporation to be the Designated Officer for the purposes of this section and of sections 352, 352A and 354A. the Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas]. If the erection of any building or the execution of any such work as is described in section 342, is commenced contrary to the provisions of

12[section 342 or 347] the

13[Designated Officer], unless he deems it necessary to take proceedings in respect of such building or work under section 354, shall—

1. (a) by written notice, require the person who is erecting such building or executing such work, or has erected such building or executed such work, 14[or who is the owner for the time being of Section 349E was inserted by Bom.7 of 1950, s. 30. These words were added by Bom. 58 of 1956, s. 23(3). These words were inserted by Bom. 58 of 1956, s. 23(1). These words, brackets and figures were inserted by Bom. 58 of 1956, s. 23(2)(i). See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). These words, brackets and figures were inserted by Bom. 58 of 1956, s. 23(2)(ii). These words were inserted by Bom. 58 of 1956, s. 23(2)(iii). These words were added by Bom. 58 of 1956, s. 23(3). See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). This sub-section was inserted by Mah. 2 of 2012, s. 3(1). The existing sub-section (1) was renumbered as sub-section (1A) by Mah. 2 of 2012, s. 3(1). These words and figures were substituted for the words and figures “section 347” by Mah. 10 of 1998, s. 143(a). For the word “Commissioner” the words “Designated Officer” was substituted by Mah. 2 of 2012, s. 3(2). These words were inserted by Bom. 64 of 1953, s. 14.

1888 : III] The Mumbai Municipal Corporation Act 271

such building or work]

1[within seven days from the date of service of] such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and addressed to the

2[Designated Officer] to show sufficient cause why such building or work shall not be removed, altered, or pulled down; or

1. (b) shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally, or by an agent duly authorized by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down. 3[Explanation.— “To show sufficient cause” in this sub-section shall mean to prove that the work mentioned in the said notice is carried out in accordance with the provisions of sections 337 or 342 and section 347 of the Act.]

1. (2) If such person shall fail to show sufficient cause, to the satisfaction of the Commissioner, why such building or work shall not be removed, altered or pulled down, the 4[Designated Officer] 5[* * *] may remove, alter or pull down the building or work and the expenses thereof shall be paid by the said person. 6[In case of removal or pulling down of the building or the work by the Commissioner, the debries of such building or work together with other building material, if any, at the sight of the construction, belonging to such person, shall be seized and disposed of in the prescribed manner and after deducting from the receipts of such sale or disposal, the expenditure incurred for removal and sale of such debris and material, the surplus of the receipts shall be returned by the 7[Designated Officer], to the person concerned.] 8[(3) No Court shall stay the proceeding of any public notice including notice for eviction, demolition or removal from any land or property belonging to the State Government or the Corporation or any other local authority or any land which is required for any public project or civil amenities, without first giving the Commissioner reasonable opportunity of representing in the matter.]

352. Buildings or works commenced contrary to section 374 may be cut into and laid open

for purposes of inspection.— (1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in the last preceding section anything has been done contrary to any provision of this Act or of any bye-law made under this Act at the time in force, or that anything required by any such provision or bye-law to be done has been omitted to be done; and if, on inspecting such building or work, it is found that, the same has been completed or is too far advanced to permit of any such fact being ascertained; the

9[Designated Officer] may, with the approval of

10[the Standing Committee] by written notice, require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building or work as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained.

1. (2) If it shall thereupon be found that in the erection of such building or the execution of such work nothing has been done contrary to any provision of this Act or any bye-law made under this Act at the time in force, and that nothing required by any such provision or bye-law to be done has been omitted to be done, compensation shall be paid by the 11[Designated Officer] to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down, the building or work. 12[352A. Conferment temporarily of summary powers for demolitions on the 13[Designated Officer.]— (1) If the erection of any building or the execution of any such work as is described in section These words were substituted for the words “on or before such days as shall be specified in” by Mah. 10 of 1998, s. 143(b). For the word “Commissioner” the words “Designated Officer” was substituted by Mah. 2 of 2012, s. 3(2). This Explanation was inserted by Mah. 10 of 1998, s. 143(c). These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 3(2). The words “with the approval of the standing committee” were deleted by Mah. 37 of 1971, s. 2. This portion was inserted and sub-section (3) was added by Mah. 11 of 2002, s. 25. These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 3(2). This portion was inserted and sub-section (3) was added by Mah. 11 of 2002, s. 25. These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 4(1). These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 119. These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 4(2). Section 352A was inserted by Mah. 23 of 1979, s. 2 which shall remain inforce for a period of six years with effect from th May 1979 and shall then expire. The original period of two years was extended to six years by Mah. 18 of 1881, s. 2. These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5(5).

272 The Mumbai Municipal Corporation Act [1888 : III

342, is commenced contrary to the provisions of section 347, and the

1[Designated Officer] is of the opinion that immediate action should be taken, then the provisions of section 351 and section 352 shall apply with the modification that in sub-section (1) of section 352, the words ‘with the approval of

2[the Standing Committee]’ shall be deleted.

1. (2) Notwithstanding anything contained in this Act, any notice to be given by the 3[Designated Officer] under section 351 or section 352 shall not be of less duration than 24 hours, and shall be deemed to be duly served if it is affixed in some conspicuous part of the building to which the notice relates and published by proclamation on or near such building accompanied with beat of drum and upon such affixation and publication all persons concerned shall be deemed to have been duly informed of the matter stated therein.
2. (3) Where the 4[Designated Officer] has resorted to the provisions hereinbefore mentioned, the State Government, or a Secretary to Government authorised by the State Government in this behalf, may, suo motu, or on application made, within a period of fifteen days, call for and examine the record of any case in which the 5[Designated Officer] has taken such action, for the purpose of satisfying itself or himself as to the legality or propriety of such action and may, after giving to the persons concerned a reasonable opportunity of being heard, pass such orders thereon as it or he, as the case may be, deems just, including any order for compensation, which shall be paid by the Corporation to any person for any wrongful damage or loss incurred by such action. (4) 6[* * * * *]

353. Enforcement of provisions concerning buildings and works.— The Commissioner may,

at any time during the erection of a building or the execution of any such work, as aforesaid, or at any time within three months after the completion thereof, by written notice, specify any matter in respect of which the erection of such building or the execution of such work may be in contravention of any provision of this Act or of any bye-law made under this Act at the time in force, and require the person erecting or execution or who has erected or executed such building or work, or, if the person who has

erected or executed such building or work is not at the time of the notice the owner thereof, then the

owner of such building or work, to cause anything done contrary to any such provision or bye-law to be amended or to do anything which by any such provision or bye-law may be required to be done but which has been omitted to be done.

work as is described in section 342, shall, within one month after the completion of the erection of such building or the execution of such work, deliver or send or cause to be delivered or sent to the

Commissioner at his office, notice in writing of such completion, accompanied by a certificate in the

form of Schedule T signed by the person employed under section 344A, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work: Provided that—

1. (a) such inspection shall be commenced within seven days from the date of receipt of the notice of completion, and
2. (b) the Commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or, in the absence of such address, affixed to a conspicuous part of the building to which such notice relates—
   • (i) give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5. These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 120. These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5. These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5(3). These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5(3). Sub-section (4) was deleted by Mah. 2 of 2012, s. 5(4). Section 353A was inserted by Bom. 5 of 1905, s. 53.

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1. (ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provision of this Act or of the bye-laws.

1. (2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any such work, until—
   • (a) the permission referred to in proviso (b) to sub-section (1) has been received, or
   • (b) the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate as aforesaid his refusal of the said permission].

1[353B. Structural Stability Certificate.— (1) Every owner or occupier of a building in respect

of which a period of thirty years, from the date of,—

1. (i) issue of its completion certificate by the Corporation; or
2. (ii) issue of permission to occupy a building under section 353A; or
3. (iii) its physical occupation of at least 50 per cent., of its builtup area,

whichever is earlier, has expired, shall cause such building to be examined by a Structural

Engineer registered with the Corporation for the purposes of certifying that the building is fit for human habitation (such certificate hereinafter referred to as “the Structural Stability Certificate”). The Structural Stability Certificate issued by such Structural Engineer shall be submitted to the Commissioner.

1. (2) The Structural Stability Certificate shall be submitted within one year from the expiry of a period of thirty years referred to in sub-section (1), and every ten years thereafter or such earlier period as the Commissioner may determine having regard to the condition of the building and the corrective repairs carried out by the owner or occupier.
2. (3) Notwithstanding anything contained in sub-section (1), the Commissioner may, at any time, after having recorded the reasons, in writing, direct the owner or occupier of a building, to cause such building to be examined by such Structural Engineer and to submit to the Commissioner, the Structural Stability Certificate, as required under sub-section (1), within the period not exceeding thirty days as specified by the Commissioner, in such direction.
3. (4) If the Structural Engineer recommends any corrective repairs for securing the structural stability of the building, such corrective repairs shall be carried out by the owner or occupier of a building to the satisfaction of the Commissioner.
4. (5) Any owner or occupier, as the case may be, who fails to carry out corrective repairs for securing structural stability, within a period of six months from the date of report of the Structural Engineer, shall be punished with the fine as provided in section 471.
5. (6) Notwithstanding anything contained in sub-section (5), the Commissioner may, after giving the owner or occupier, a notice in writing, require him to carry out, within the period specified in the notice, corrective repairs for securing structural stability of a building. If the owner or occupier fails to carry out

such corrective repairs within the period specified in the notice, the Commissioner may carry out the

same and the expenses incurred by the Commissioner on such repairs shall, on demand if not paid within thirty days, be recovered from the owner or occupier as arrears of property tax.

1. (7) If there is any dispute about the amount of expenses for which demand is made under sub- section (6), an appeal may be preferred to the Chief Judge of the Small Causes Court, but no such appeal shall be entertained by the said Chief Judge, unless—
   • (i) it is preferred within twenty-one days from the date of receipt of notice of such demand;
   • (ii) the amount for which demand is made is deposited with the Corporation and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal. Section 353B was inserted by Mah. 6 of 2009, s. 2.

274 The Mumbai Municipal Corporation Act [1888 : III

1. (8) In case the appeal is decided in favour of the appellant and the amount of expenses deposited with the Corporation is more than the amount payable by the appellant, the Commissioner shall adjust

the excess amount with interest at 6.25 per cent. per annum from the date on which the amount is so

deposited by the appellant, towards the property tax payable by the owner in respect of such building thereafter.] Dangerous Structures