Continuing offences.

Whoever, after having been convicted of—

1. (a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of the following table, or of any regulation made thereunder, or
2. (b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to contravene the said provisions or to neglect to comply with the said requisition or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the third column of the said table 2[subject however, to minimum daily fine which shall not be less than the amount mentioned, in the fourth column of the said table]. Explanation.— The entries in the second column of the said table headed “Subject” are not intended as definitions of the offences described in the sections, sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses, but are inserted merely as references to the subject of the sections, sub-sections and clauses, the numbers of which are given in the first column. 3[Sr. No. Section, sub- section or clause Subject Daily fine which may be imposed Minimum daily fine which shall be imposed

1. (1) (2) (3) (4) (5) 1 Section 223, sub- section (1) Buildings, etc., not to be erected without permission over municipal drains.

One thousand

rupees.

Two hundred

rupees.

2 Section 229 Connection with municipal

drains, etc., not to be made except in conformity with section 227 or 228.

One thousand

rupees.

Two hundred

rupees.

3 Section 229 A,

sub-section (1) Buildings, etc., not to be erected without permission over any drain.

One thousand

rupees.

Two hundred

rupees. 4 Section 230 A Owner of land to allow others to carry drain through the land.

Five hundred

rupees.

One hundred

rupees. 5 Section 231 Requisition to enforce drainage of undrained premises situated within a hundred feet of a municipal drain.

Five hundred

rupees.

One hundred

rupees. 6 Section 232 Requisition to enforce drainage of undrained premises not situated within a hundred feet of a municipal drain.

Five hundred

rupees.

One hundred

rupees. 7 Section 233, subsection (1), clause (b) Direction, limiting the use of drain of notice requiring the construction of a distinct drain.

Five hundred

rupees.

One hundred

rupees.

8 Section 233 A,

clause (b) Drain for sole use of property to be maintained in good repair, etc., by owner or occupier of property.

Five hundred

rupees.

One hundred

rupees.

Section 472 was substituted for the original section by Bom. 5 of 1905, s. 58. These words were inserted by Mah. 21 of 1989, s. 55(a). This table was substituted by Mah. 24 of 2006, s. 3.

372 The Mumbai Municipal Corporation Act [1888 : III

Sr. No. Section, sub- section or clause Subject Daily fine which may be imposed Minimum daily fine which shall be imposed

1. (1) (2) (3) (4) (5) 9 Section 236 Owner of drain to allow use or joint ownership thereof by others.

Five hundred

rupees.

One hundred

rupees. 10 Section 240 Drains not to pass beneath buildings.

One thousand

rupees.

Two hundred

rupees. 11 Section 243, sub-section (2) Requisition to cover of ventilate drain or cesspool.

Five hundred

rupees.

One hundred

rupees. 12 Section 248, sub-section (1) Requisition to enforce the provision of privy accommodation, etc.

Five hundred

rupees.

One hundred

rupees.

13 Section 249 Requisition to provide privy

accommodation for factories.

Two thousand

rupees.

Five hundred

rupees.

14 Section 249 A Requisition respecting unhealthy

privies.

Two thousand

rupees.

Five hundred

rupees. 15 Section 250, sub-section (1)

Provision to privies. Five hundred

rupees.

One hundred

rupees.

16 Section 251 Provision as to water closets. Five hundred

rupees. One hundred rupees.

17 Section 257 Requisition to effect sanitary

repairs, etc.

One thousand

rupees.

Two hundred

rupees.

and (4) Provisions as to employment of licensed plumber and use of work.

Five thousand

rupees. One thousand rupees.

and (3) Licensed plumber to give and sign certificate.

One thousand

rupees.

Two hundred

rupees. 20 Section 268, sub-section (1) Buildings, etc., not to be erected over water main without permission.

One thousand

rupees.

Five hundred

rupees. 21 Section 270 A Premises not be occupied without Commissioner’s certificate in respect of adequate water supply.

Five thousand

rupees.

One thousand

rupees. 22 Section 271, sub-section (2) Requisition to obtain private water supply and to provide supply and distributing pipes, etc.

One thousand

rupees.

Two hundred

rupees. 23 Section 274 Requisition to provide cisterns and fittings or means of access to any cisterns.

One thousand

rupees.

Two hundred

rupees. 24 Section 297, sub-section (3) Buildings not to be constructed within the regular line of street without permission.

Ten thousand

rupees. Three thousand rupees. 25 Section 305 Requisition as to levelling and draining of private streets.

One thousand

rupees.

Two hundred

rupees.

1888 : III] The Mumbai Municipal Corporation Act 373

Sr. No. Section, sub- section or clause Subject Daily fine which may be imposed Minimum daily fine which shall be imposed

1. (1) (2) (3) (4) (5) 26 Section 312, sub-section (1) Prohibition of structures or fixtures causing obstruction in streets.

Two thousand

rupees.

Five hundred

rupees. 27 Section 313, sub-section (1) Prohibition of deposit, etc., of things in streets.

Two thousand

rupees.

Five hundred

rupees. 28 Section 313 A Prohibition of hawking or exposing for sale any article in a public place or street without a licence.

Five hundred

rupees.

One hundred

rupees. 29 Section 313 B Prohibition in a public place or street of use of skill in handicraft or in rendering services without a licence.

Five hundred

rupees.

One hundred

rupees. 30 Section 315 Requisition to remove structures or fixtures erected or set up before section 312 came into force.

One thousand

rupees.

Two hundred

rupees. 31 Section 322, sub-section (1) Streets not to be opened or broken up and building materials not to be deposited thereon without permission.

Five thousand

rupees. One thousand rupees. 32 Section 323 Precautions for public safety to be taken by persons to whom permission is granted under section 322.

Five thousand

rupees.

One thousand

rupees. 33 Section 324, sub-section (1) Persons to whom permission is granted under section 322, must reinstate streets.

One thousand

rupees.

Two hundred

rupees. 34 Section 326 Hoards to be set up during work on any building adjacent to a street.

Two thousand

rupees.

Five hundred

rupees. 35 Section 328, sub-section (1) Sky-signs not to be erected or retained without permission.

One thousand

rupees.

Four hundred

rupees.

36 Section 328 A,

sub-section (1) Advertisement on certain sites, vehicles, etc., not to be exhibited without permission.

One thousand

rupees.

Two hundred

rupees. 37 Section 329, sub-section (1) Requisition to repair, protect or enclose dangerous place.

One thousand

rupees.

Five hundred

rupees. 38 Section 334, sub-section (1) Requisition to alter situation of gas- pipes, etc.

One thousand

rupees.

Two hundred

rupees. 39 Section 335, sub-section (1) Buildings, etc., not to be erected without permission over municipal gas-pipes.

One thousand

rupees.

Two hundred

rupees. 40 Section 347, sub-section (1) Work not to be commenced without notice. Fifteen thousand rupees. Three thousand rupees.

374 The Mumbai Municipal Corporation Act [1888 : III

Sr. No. Section, sub- section or clause Subject Daily fine which may be imposed Minimum daily fine which shall be imposed

1. (1) (2) (3) (4) (5) 41 Section 347 B Building or any part of a building originally constructed or authorised to be used for human habitation not to be used as a godown, etc., without permission.

Ten thousand

rupees. Three thousand rupees.

42 Section 347 C Building originally constructed or

authorised to be used for human habitation not to be altered without permission for the purpose of using it as godown, etc.

Ten thousand

rupees. Three thousand rupees. 43 Section 349 Roof and external walls of buildings not to be of inflammable material.

One thousand

rupees.

Two hundred

rupees.

44 Sections 349 A

and 349 B

Provisions as to height of buildings. Ten thousand

rupees.

Two thousand

rupees. 45 Section 349 C Provisions as to height of frame buildings.

Ten thousand

rupees.

Two thousand

rupees. 46 Section 349 D Alteration and provision of staircases to allow safe exit in the event of fire.

Two thousand

rupees.

Five hundred

rupees. 47 Section 353 A Provision as to completion certificates; permission to occupy or use.

Ten thousand

rupees.

Two thousand

rupees. 48 Section 354 AA, sub-section (7) Erection or re-erection of any building in contravention of the declaration.

Ten thousand

rupees.

Two thousand

rupees. 49 Section 354 RK, sub-section (8) Construction or reconstruction of building within any re-development area without permission.

Ten thousand

rupees. Three thousand rupees. 50 Section 358 Licensed plumber to be bound to execute work properly.

One thousand

rupees.

Two hundred

rupees. 51 Section 368, sub-sections (1), (2), (3), (4) and (5) Collection, removal and deposit of refuse and provision of receptacles.

One thousand

rupees.

Two hundred

rupees.

52 Section 372 Provision to removal of refuse. One thousand

rupees.

Two hundred

rupees. 53 Section 375 Requisition to cleanse and lime- wash building.

Five hundred

rupees.

One hundred

rupees.

54 Section 375 A Requisition to remove building

materials, etc., from any premises.

One thousand

rupees.

Two hundred

rupees. 55 Section 377 Requisition to cleanse, etc., the neglected premises.

Five hundred

rupees.

One hundred

rupees.

and (2) Requisition to abate or to prevent recurrence of leakage in the roofs of buildings.

Two thousand

rupees.

Five hundred

rupees.

1888 : III] The Mumbai Municipal Corporation Act 375

Sr. No. Section, sub- section or clause Subject Daily fine which may be imposed Minimum daily fine which shall be imposed

1. (1) (2) (3) (4) (5) 57 Section 379 Owner or occupier of house to give statement of accommodation within seven days of receipt of notice.

Two thousand

rupees.

Four hundred

rupees.

58 Section 379 A,

sub-section (1) Section 379A, sub-section (1) Requisition by Metropolitan Magistrate to abate over crowding.

Two thousand

rupees.

Four hundred

rupees.

59 Section 379 A,

sub-section (3) Requisition by owner pursuant to order under sub-section (1).

Two thousand

rupees.

Four hundred

rupees. 60 Section 380 Requisition to remove or alter insanitary hut.

Five hundred

rupees.

One hundred

rupees. 61 Section 381 Requisition to fill in pools, etc., which are nuisance.

Two thousand

rupees.

Five hundred

rupees.

62 Section 381 A,

sub-section (2) Requisition to fill in or demolish well, etc.

Two thousand

rupees.

Five hundred

rupees. 63 Section 381 B Prohibition of mosquito breeding in collection of water on any land.

Two thousand

rupees.

Five hundred

rupees. 64 Section 382 Requisition to discontinue dangerous quarrying.

Ten thousand

rupees. Two thousand rupees. 65 Section 383, sub-section (1) Requisition to remove or trim trees, shrubs or hedges.

Five hundred

rupees.

One hundred

rupees. 66 Section 384, sub-section (1) Prohibition as to the keeping of animals.

One thousand

rupees.

Two hundred

rupees.

67 Section 384 A Requisition to discontinue, etc.,

stabling animals in dwelling houses.

Two thousand

rupees.

Five hundred

rupees. 68 Section 390, sub-section (1) Prohibition of working of factory, etc., established without written permission.

Fifty thousand

rupees. Ten thousand rupees. 69 Section 390, sub-section (3) Prohibition of continuance or resumption of working of factory, etc., after revocation of written permission for its establishment.

Fifty thousand

rupees.

Ten thousand

rupees. 70 Section 392, sub-section (1) Requisition for sanitary regulation of factories, etc.

Ten thousand

rupees. Three thousand rupees. 71 Section 394, sub-section (1), clauses (a) (ii) and (b) to (f) Certain articles not to be kept and certain trades, processes and operations not to be carried on, without licence. Twenty thousand rupees.

Four thousand

rupees. 72 Section 394, sub-section (6) Licence to be kept on the premises, board to be displayed indicating nature of articles kept or trade carried on and proper labels to be put on articles, etc.

Two thousand

rupees.

Five hundred

rupees. 73 Section 395, sub-section (1) Prohibition of corruption of water by chemicals, etc.

Fifty thousand

rupees.

Ten thousand

rupees.

376 The Mumbai Municipal Corporation Act [1888 : III

Sr. No. Section, sub- section or clause Subject Daily fine which may be imposed Minimum daily fine which shall be imposed

1. (1) (2) (3) (4) (5) 74 Section 397, sub-section (1) Regulation of washing of clothes by washerman.

One thousand

rupees.

Two hundred

rupees. 75 Section 403, sub-section (1) Private markets not to be kept or permitted to be kept open and no

licence.

Five thousand

rupees.

One thousand

rupees. 76 Section 405 Requisition to pave and drain private market buildings, and slaughter houses.

Five thousand

rupees.

One thousand

rupees. 77 Section 411 Butchers and persons who sell or supply the flesh of animals to be licensed.

One thousand

rupees.

Two hundred

rupees. 78 Section 412 A Milk, butter, etc., not to be sold without a licence.

One thousand

rupees.

Two hundred

rupees. 79 Section 425, sub-section (1)

Requisition to disinfect buildings. One thousand

rupees.

Two hundred

rupees.

80 Section 426 A,

sub-section (1) Second-hand clothing and bedding not to be brought into city without informing the Commissioner and getting them inspected.

Ten thousand

rupees.

Two thousand

rupees.

81 Section 426A,

sub-section (4) Second-hand clothing and bedding brought into city not to be dealt with or disposed of until a certificate by the Commissioner has been given.

Ten thousand

rupees.

Two thousand

rupees. 82 Section 479, sub-section (5) Grantee to be bound to produce licence or written permission.

One thousand

rupees. Two hundred rupees.

83 Section 485A,

sub-section (2) Requisition to furnish information as to nature of interest in any premises.

One thousand

rupees.

Two hundred

rupees. 84 Section 507, sub-section (3) Occupier of building or land to afford facilities to the owner for complying with provisions of this Act, etc., after eight days from issue of order by the Chief Judge, Small Causes Court.

Five thousand

rupees.

One thousand

rupees.]