In default of owner the occupier of any premises may execute required work and recover expenses from the owner

(1) Whenever, the owner of any building or land fails to execute

This portion was added by Bom. 76 of 1948, s. 33. These words were deleted by Bom. 76 of 1948, s. 34(i). These words were substituted for the original by Bom. 76 of 1948, s. 34(ii). These words were inserted by Bom. 76 of 1948, s. 35(i). These words were inserted by Bom. 76 of 1948, s. 35(i). These words were inserted by Bom. 76 of 1948, s. 35(ii). These words were inserted by Bom. 76 of 1948, s. 35(ii). These words were inserted by Bom. 76 of 1948, s. 36(i). These words were substituted for the original by Bom. 76 of 1948, s. 36(ii). These words were inserted by Bom. 48 of 1948, s. 53. Section 499 was substituted for the original by Mah. 21 of 1989, s. 64.

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any work which he is required to execute under this Act or under any regulation or bylaw made under this Act, the occupier, if any, of such building or land shall be entitled to execute such work in the manner set out in sub-section (2).

1. (2) The occupier or occupiers interested in such work may seek the approval of the Commissioner for executing such work. The Commissioner shall grant the approval unless other measures are taken by him to execute the said work. While granting the approval the Commissioner shall specify the nature of the work. Upon such approval being granted, the occupiers shall be entitled to execute the said work and the expenses incurred for such work shall for all purposes be binding on the owner. The occupiers shall also be entitled to deduct amount of expenses incurred for such work from the rent which from time to time become due by them to the owner or otherwise recover such amount from them: Provided that, where such work is jointly executed by the occupiers the amount to be deducted or recovered by each occupier shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such work: Provided further that, the total amount so deducted or recoverable shall not exceed the amount of expenses incurred for such work.

1[(3) If the owner fails to commence the reconstruction of the building which is pulled down in

pursuance of section 489 read with section 354, within the period of one year from the date of demolition, the tenants shall be entitled to form an association or society and take appropriate steps for reconstruction of the building.

1. (4) The owner of the building, which is pulled down in pursuance of section 489 read with section 354, shall complete the reconstruction or redevelopment within a period of three years from the date of demolition of such building or such extended period as may be granted by the authority specified by the Government, by notification in the Official Gazette. If the owner fails to complete the reconstruction or redevelopment within the said period, then the tenants shall be entitled to form an association or society and take appropriate steps for reconstruction of such building.
2. (5) After reconstruction or redevelopment by such building as per sub-section (3) or (4), as the case may be, the area equivalent to the area occupied by the tenant shall be handed over to him by the owner, association, the society, as the case may be, without any further delay and within one month from the date of completion of reconstruction or redevelopment, as the case may be, of such building.
3. (6) The right of reconstruction to the tenants under sub-section (3) or (4) shall only be for reconstruction to the extent of the area of demolished building. The ownership rights and title to the land including reconstructed or redeveloped building shall continue to remain with the owner and the status of the tenants shall remain as tenants only.] Explanation I.— For the purposes of this section, the expression “expenses incurred for such work” means the total cost as certified by the Commissioner or an architect from the panel of architects notified by the State Government for the purposes of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), together with simple interest at ten per cent. per annum on such amount calculated from the date of completion of such work till the date of deduction or recovery thereof. Explanation II.— The approval of the Commissioner given under this section shall include the right to enter the building or land for the purpose of execution of work.] 3[Explanation III.— For the purposes of this section, “the tenant” shall have the same meaning as assigned to it in clause (15) of section 7 of the Maharashtra Rent Control Act, 1999 (XVIII of 2000).]