Amendment status not verified — confirm the current text below against the official source.
Provisions regarding buildings unfit for human habitation.- (1) If it appears to the Commissioner that any building intended or used for human habitation or human occupation for any purpose whatsoever is unfit for such habitation or occupation, he shall give notice in writing to he occupier or to the owner, if the building is not occupied, stating that the building is unfit and signifying his intention to prohibit the further use of such building for such purposes, and calling upon the occupier or owner to state inn writing his objections to such prohibition within thirty days from the receipt of the notice. If no objection is stated by such occupier or owner within the said period, or if the objection stated appears to the Commissioner to be insufficient or not well founded, he may, with the previous approval of the Mayor-in- Council prohibit by an order in writing the further use of such building for human habitation or occupation and shall affix a notice to that effect on a conspicuous part of such building. (2) Notice of such prohibition shall be served upon the owner of any building affected thereby and also upon every occupier or user thereof, specifying a period, not being less than fourteen days from the date of service of such notice, within which every such person shall remove himself and his removable property from the said building; and if within the period so specified any such person fails to remove himself and his property as aforesaid, the Commissioner and in accordance may cause him and his property to be removed and may recover from him the cost of such removal. (3) When a building has been vacated by removal under sub-section (2), the Commissioner shall affix a notice to the building in the manner prescribed by byelaws 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 sufficient cause enter into or remain in such building. (4) Wherever the Commissioner is of opinion that any building intended or used for human habitation is unfit for such habitation or occupation and the Commissioner considers that it can be rendered fit for human habitation or occupation by structural alternations or repairs, he may by a 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 alternations or repairs as he deems necessary, and if at the expiry of the aforesaid period such alternations or repairs have not been executed to his satisfaction, he shall with provision approved issue to the owner a notice in writing ordering the demolition of such building within a period of thirty days from the receipt of the notice or such longer period as the Commissioner may specify. (5) Whenever the Commissioner is of the opinion that the building cannot be rendered fit for human habitation or occupation, he may, with the previous approval of the Mayor-in-Council, by a notice in writing call upon the owner to demolish it with a period of thirty days from the receipt of such notice or such longer period as the Commissioner may specify. (6) If at the expiry of the said period an order to demolish a building given under sub-section(4) or sub-section (5) has not been complied withy, the Commissioner may with the previous approval of the Mayor-in-Council, direct, by an order in writing, the demolition thereof by any municipal officer, servant or contractor. The materials of the building so demolished 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 demolition and sale. If the amount realized is not sufficient to cover the cost of the demolition and sale, the balance, if any shall be recovered from the owner: Madhya Pradesh Municipal Corporation Act, 1956 134 | P a g e Provided that before such an order is given the owner of the building shall be given an opportunity of appearing before the Mayor-in-Council in person or by agent, and of showing cause why such order should not be given. (7) any person aggrieved by the decision of the Commissioner under sub-sections (4), (5) or (6) may within a period of one month, appeal to the District Court. (8) If any building in respect of which an order under this section has been given is held under a lease, the lease shall be avoidable at the option of the lessee with effect from the date on which the lessee has to remove himself and his property.