Amendment status not verified — confirm the current text below against the official source.
Buildings or works commenced contrary to section 374 may be cut into and laid open for purposes of inspection.— (1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in the last preceding section anything has been done contrary to any provision of this Act or of any bye-law made under this Act at the time in force, or that anything required by any such provision or bye-law to be done has been omitted to be done; and if, on inspecting such building or work, it is found that, the same has been completed or is too far advanced to permit of any such fact being ascertained; the 9[Designated Officer] may, with the approval of 10[the Standing Committee] by written notice, require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building or work as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained. (2) If it shall thereupon be found that in the erection of such building or the execution of such work nothing has been done contrary to any provision of this Act or any bye-law made under this Act at the time in force, and that nothing required by any such provision or bye-law to be done has been omitted to be done, compensation shall be paid by the 11[Designated Officer] to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down, the building or work. 12[352A. Conferment temporarily of summary powers for demolitions on the 13[Designated Officer.]— (1) If the erection of any building or the execution of any such work as is described in section 1 These words were substituted for the words “on or before such days as shall be specified in” by Mah. 10 of 1998, s. 143(b). 2 For the word “Commissioner” the words “Designated Officer” was substituted by Mah. 2 of 2012, s. 3(2). 3 This Explanation was inserted by Mah. 10 of 1998, s. 143(c). 4 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 3(2). 5 The words “with the approval of the standing committee” were deleted by Mah. 37 of 1971, s. 2. 6 This portion was inserted and sub-section (3) was added by Mah. 11 of 2002, s. 25. 7 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 3(2). 8 This portion was inserted and sub-section (3) was added by Mah. 11 of 2002, s. 25. 9 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 4(1). 10 These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 119. 11 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 4(2). 12 Section 352A was inserted by Mah. 23 of 1979, s. 2 which shall remain inforce for a period of six years with effect from 5th May 1979 and shall then expire. The original period of two years was extended to six years by Mah. 18 of 1881, s. 2. 13 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5(5). 272 The Mumbai Municipal Corporation Act [1888 : III 342, is commenced contrary to the provisions of section 347, and the 1[Designated Officer] is of the opinion that immediate action should be taken, then the provisions of section 351 and section 352 shall apply with the modification that in sub-section (1) of section 352, the words ‘with the approval of 2[the Standing Committee]’ shall be deleted. (2) Notwithstanding anything contained in this Act, any notice to be given by the 3[Designated Officer] under section 351 or section 352 shall not be of less duration than 24 hours, and shall be deemed to be duly served if it is affixed in some conspicuous part of the building to which the notice relates and published by proclamation on or near such building accompanied with beat of drum and upon such affixation and publication all persons concerned shall be deemed to have been duly informed of the matter stated therein. (3) Where the 4[Designated Officer] has resorted to the provisions hereinbefore mentioned, the State Government, or a Secretary to Government authorised by the State Government in this behalf, may, suo motu, or on application made, within a period of fifteen days, call for and examine the record of any case in which the 5[Designated Officer] has taken such action, for the purpose of satisfying itself or himself as to the legality or propriety of such action and may, after giving to the persons concerned a reasonable opportunity of being heard, pass such orders thereon as it or he, as the case may be, deems just, including any order for compensation, which shall be paid by the Corporation to any person for any wrongful damage or loss incurred by such action. (4) 6[* * * * *]