Amendment status not verified — confirm the current text below against the official source.
gave as otherwise expressly provided, no jurisdiction. c -vy c o u r t shall have jurisdiction to settle, decide or deal with any question which is by or under this part required to be settled, decided or d^alt with by the Comtaissioner. 182 Dangerous and In sanitary Buildings Previsions 342- (1) If after obtaining the opinion of the regarding Engineer, it appears, to the Commissioner that any S ' f f building or part of a building intended or used human for human habitation or human occupation habitation for any purpose whatsoever is unfit for such habitation or occupation, he shall give to the occupier and in case the building is not occupied, to the owner notice in writing stating such reasons'and'jighifying his intention te prohibit the further use of such' building or part of a building for such purpose,* -and' calling upon the owner or occupier to state in writing his objection, if any3 to such prohibition within seven days after the receipt of notice. If no objection is raised by such owner or occupier within prescribed period, <or if the grounds of such objection appear to the Commissioner to be insufficient or not well foundedj he may prohibit by an order in writing the further use of such building or part of building for human habi ta tio n or occupation: Provided that, before such order is given, the owner or occupier of the building shali be given an opportunity of appearing before the Standing Committee in person or by agent in support of his objection, (2) Notice of such prohibitions shall be served upon the owner of any buildings or part of a buil ding affected thereby and also upon every occupier or user thereof stating the fact of such prohibi tion specifying a period not being less than fourteen days after the date, of such rnotice within - which every such person shall remove . himself and his v movable property from the said building or part thereof, and if on the day so appointed any such * person has failed to remove himself and hismova- o ble property from the said building or part thereof, the Commissioner may cause him and his property t® be removed and may recover from him the cost ®f such removal. (3) When a building or part of building has been vacated under sub-section (2), the Commissioner shall affix a notice thereto itf:the prescribed manner and no person, except With the permission in writing of the Commissioner and in* accordance with the terms and conditions of such permission, shall' without suffi cientcause enter into or remain in such building' or part of a building. 183 * (4) At any time after a building or part of a building has been vacated under sub-section (2), if the Commissioner considers that it can be rendered fit for human habitatinn by structural alterations and repairs, he may .by. notice, in writing call upon the owner to execute, within a period.of six months from the date of receipt of such« notice., such , structural alterations or repairs, as he.deems necessary and if at the expiration of the aforesaid period such alterations or repairs have not been executed to his satisfaction, he shall issue to the said owner a notice in writing ordering the demoli tion of such building or. part thereof within a period of thirty days from, the' date" of the receipt of such notice or such longer period as the Commissioner may specify. (5) If the Commissioner-is of the opinion that the building is not- capable of being rendered fit for human habitation,"he may by notice in writing call upon the owner to demolish it within a period of thirty days from the receipt of such notice or such* longer period-as .the Commissioner may specify. (6) If at the expirastioni-of the said period, • an order to demolish a building or part of a building issued under sub-Seotiomi (4) or sub-section (5) has not been complied with, the Commissioner may direct, by an ’order in ■ writing, the demolition thereof- by any municipal employee or contractor. The mate* rials of the buddmg. or pat t of the building so des troyed shall- thereupon be sold by public auction and the proceeds-of the sale shall be made over > to the owner after»deducting the-cost of such des truction and Sale. If the amount realised is not sufficient’ to cover the cost of such demolition and- sale, the balance, if any, shall be recovered from the owner as arrear of municipal tax: Provided- that,abeforer such - order is given the!- owner of the budding- shalh be given an opportunity off appearing’-beforethefCommissionor in person or byt> an agent *ndtof shswingmause why such order should I not beigivenrm (7) If any buildirig or part of a building in respect of which an order unde f this section has been made is the subject of a lease, such lease shall be voidable at the option of the lessee with effect from the date on which the said lessee has to vacate the premises. 184 Removal ef