Amendment status not verified — confirm the current text below against the official source.
Roofs and external walls of buildings not to be of inflammable materials.— (1) No external wall and no covering of a roof built or renewed since the 6Bombay Municipal Act, 1872 (Bom. III of 1872) came into force shall, except with the written permission of the Commissioner, consist of wood, doth, canvas, grass, leaves, mats or any other inflammable material. (2) If any external wall or covering of a roof is or has been, since the said Act came into force, constructed of any such material, the Commissioner may, by written notice, require the owner or occupier of the building to which such wall or roof appertains to remove such wall or covering. 7[(3) In relation to buildings in the suburbs 8[or, as the case may be, the extended suburbs] the provisions of this section shall apply as if for the reference in sub-sections (1) and (2) to the Bombay Municipal Act, 1872 (Bom. III of 1872) reference had been made to the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950) 9[or, as the case may be, the Bombay Municipal] [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)]: Provided that nothing in sub-section (2) shall prevent the Commissioner from requiring the removal of any external wall or covering if it was built or renewed or retained in contravention of any law in force in the suburbs immediately before the coming into force of the Bombay Municipal (Extension of Limits) 1 The word “ten” was substituted for the word “eight” by Bom. 5 of 1905, s. 51(c). 2 The word “eight” was substituted for the word “seven” by Bom. 5 of 1905, s. 51(d)(i). 3 These words were inserted by Bom. 5 of 1905, s. 51(d)(2). 4 The words “one hundred” were substituted for the word “eight” by Bom. 5 of 1905, s. 51(e). 5 The words “the Central Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. 6 Bom. 3 of 1872 was repealed by s. 2 of this Act. 7 Sub-section (3) and proviso were added by Bom. 7 of 1950, s. 29. 8 These words were inserted by Bom. 58 of 1956, s. 22(i). 9 These words, brackets and figures were inserted by Bom. 58 of 1956, s. 22(ii). 1888 : III] The Mumbai Municipal Corporation Act 269 Act, 1950 (Bom. VII of 1950) 1[or, as the case may be, in force in the extended suburbs immediately before the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)]. 2[349A. Maximum height of buildings.— (1) Except with the written permission of the Commissioner, no building shall be erected or raised to a greater height than seventy feet as measured from the level of the centre of the street in front— (a) in the case of a pitched roof, up to the tie-beam of the roof, and (b) in the case of a flat roof, up to the surface of the roof. (2) In the case of a pitched roof, the roof above that height shall rise at an angle of not more than forty-five degrees. (3) In the case of a flat roof, a parapet of not more than three feet in height may be constructed above the maximum height specified in sub-section (1).] 3[349B. Height of buildings with reference to width of streets.— Subject to the maximum prescribed by section 349A, the height to which a building may be erected or raised shall be regulated by width of the street on which it abuts, in accordance with the following rules, namely:— (1) if the width of the street does not exceed twenty-six feet, the building shall not be erected or raised to a height greater than one and one-half times the width of the street; (2) if the width of the street exceeds twenty-six feet but does not exceed forty feet, the building shall not be erected or raised to a height greater than forty feet; and (3) if the width of the street exceeds forty feet, the building shall not be erected or raised to a height greater than the width of such street; (4) where the building abuts upon more than one street, its height shall be regulated by the wider of such streets so far as it abuts upon such wider street and also, to a distance of eighty feet from such wider street, so far as it abuts upon the narrower of such streets: Provision in case of setback.— Provided that, if the face of the building is set-back from the street at any height not exceeding the height specified in sub-section (1), sub-section (2), or sub-section (3), as the case may be, such building may be erected or raised to a height greater than that so specified but not so that any portion of the building shall intersect any of a series of imaginary straight lines drawn from the line of set-back, in the direction of the portion set-back, at an angle of forty-five degrees with the horizontal.] 4[349C. Frame buildings.— After the commencement of this Act no building the external walls of which are of timber-framed construction shall be erected or re-erected so as to consist of more than one ground floor and one upper storey: Provided that, the Commissioner may by special order grant permission for the erection of such a building of more than two storeys or for the construction of one or more additional storeys if satisfied that such building will be or of thoroughly sound material and construction and can safely support the same.] 5[349D. Provisions of sufficient means of egress.— Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of the safe exit, in the event of fire, he may, with the approval of the 6[the Standing Committee] by written notice require the owner or occupier of the building to alter or reconstruct any existing staircase in such manner or to provide such additional or emergency staircases, as he may prescribe.] 1 These words, brackets and figures were inserted by Bom. 58 of 1956, s. 22(iii). 2 Sections 349A and 349B were inserted by Bom. 5 of 1905, s. 52. 3 Sections 349A and 349B were inserted by Bom. 5 of 1905, s. 52. 4 Section 349C was inserted by Bom. 5 of 1905, s. 52. 5 Section 349D was inserted by Bom. 2 of 1911, s. 12. 6 These words were substituted for the words “the Member-in-Charge” by Mah. 27 of 1999, s. 118. 270 The Mumbai Municipal Corporation Act [1888 : III 1[349E. Special conditions with respect to erection or re-erection of buildings, maximum heights of buildings, etc., in suburbs 2[and extended suburbs.]— (1) Notwithstanding anything contained in sections 348 to 349D (both inclusive) the corporation may by bye-laws prescribe special conditions with respect to erection or re-erection of buildings, the maximum heights of buildings, roofs and external walls of buildings, set-backs of buildings, and other matters relating to buildings in the suburbs 3[or in the extended suburbs] or in any part thereof. (2) Until such bye-laws are made or until the expiration of two years from the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950) 4[or, as the case may be, from the date of coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956) whichever respectively is earlier] the conditions provided by or under the Bombay Land Revenue Code, 18795 (Bom. V of 1879), or rules made thereunder or by bye-laws or rules made by any local authority abolished by the provisions of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950) 6[or by the provisions of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] shall continue to be applicable to the erection or re-erection of buildings, the maximum heights of buildings, roofs and external walls of buildings, set- back of buildings and other matters relating to buildings in the suburbs 7[or in the extended suburbs] or in any part thereof, as the case may be: Provided that, in the case of any land in the suburbs 8[or in the extended Bom. suburbs] there are no provisions in force of the Bombay Land Revenue Code, 18799 (Bom. V of 1879) or rules made thereunder or of the bye-laws or rules of any local authority, 1879 (Bom. V of 1879) the Commissioner or any officer authorised by him in this behalf may impose such conditions as he thinks fit until the bye- laws aforesaid are made.] Inspection