Amendment status not verified — confirm the current text below against the official source.
Enforcement of provisions concerning buildings and works.— The Commissioner may, at any time during the erection of a building or the execution of any such work, as aforesaid, or at any time within three months after the completion thereof, by written notice, specify any matter in respect of which the erection of such building or the execution of such work may be in contravention of any provision of this Act or of any bye-law made under this Act at the time in force, and require the person erecting or execution or who has erected or executed such building or work, or, if the person who has erected or executed such building or work is not at the time of the notice the owner thereof, then the owner of such building or work, to cause anything done contrary to any such provision or bye-law to be amended or to do anything which by any such provision or bye-law may be required to be done but which has been omitted to be done. 7[353A. Completion certificates, permission to occupy or use.— (1) Every person who employs a licensed surveyor or person approved by the Commissioner to erect a building or execute any such work as is described in section 342, shall, within one month after the completion of the erection of such building or the execution of such work, deliver or send or cause to be delivered or sent to the Commissioner at his office, notice in writing of such completion, accompanied by a certificate in the form of Schedule T signed by the person employed under section 344A, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work: Provided that— (a) such inspection shall be commenced within seven days from the date of receipt of the notice of completion, and (b) the Commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or, in the absence of such address, affixed to a conspicuous part of the building to which such notice relates— (i) give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or 1 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5. 2 These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 120. 3 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5. 4 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5(3). 5 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 5(3). 6 Sub-section (4) was deleted by Mah. 2 of 2012, s. 5(4). 7 Section 353A was inserted by Bom. 5 of 1905, s. 53. 1888 : III] The Mumbai Municipal Corporation Act 273 (ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provision of this Act or of the bye-laws. (2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any such work, until— (a) the permission referred to in proviso (b) to sub-section (1) has been received, or (b) the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate as aforesaid his refusal of the said permission]. 1[353B. Structural Stability Certificate.— (1) Every owner or occupier of a building in respect of which a period of thirty years, from the date of,— (i) issue of its completion certificate by the Corporation; or (ii) issue of permission to occupy a building under section 353A; or (iii) its physical occupation of at least 50 per cent., of its builtup area, whichever is earlier, has expired, shall cause such building to be examined by a Structural Engineer registered with the Corporation for the purposes of certifying that the building is fit for human habitation (such certificate hereinafter referred to as “the Structural Stability Certificate”). The Structural Stability Certificate issued by such Structural Engineer shall be submitted to the Commissioner. (2) The Structural Stability Certificate shall be submitted within one year from the expiry of a period of thirty years referred to in sub-section (1), and every ten years thereafter or such earlier period as the Commissioner may determine having regard to the condition of the building and the corrective repairs carried out by the owner or occupier. (3) Notwithstanding anything contained in sub-section (1), the Commissioner may, at any time, after having recorded the reasons, in writing, direct the owner or occupier of a building, to cause such building to be examined by such Structural Engineer and to submit to the Commissioner, the Structural Stability Certificate, as required under sub-section (1), within the period not exceeding thirty days as specified by the Commissioner, in such direction. (4) If the Structural Engineer recommends any corrective repairs for securing the structural stability of the building, such corrective repairs shall be carried out by the owner or occupier of a building to the satisfaction of the Commissioner. (5) Any owner or occupier, as the case may be, who fails to carry out corrective repairs for securing structural stability, within a period of six months from the date of report of the Structural Engineer, shall be punished with the fine as provided in section 471. (6) Notwithstanding anything contained in sub-section (5), the Commissioner may, after giving the owner or occupier, a notice in writing, require him to carry out, within the period specified in the notice, corrective repairs for securing structural stability of a building. If the owner or occupier fails to carry out such corrective repairs within the period specified in the notice, the Commissioner may carry out the same and the expenses incurred by the Commissioner on such repairs shall, on demand if not paid within thirty days, be recovered from the owner or occupier as arrears of property tax. (7) If there is any dispute about the amount of expenses for which demand is made under sub- section (6), an appeal may be preferred to the Chief Judge of the Small Causes Court, but no such appeal shall be entertained by the said Chief Judge, unless— (i) it is preferred within twenty-one days from the date of receipt of notice of such demand; (ii) the amount for which demand is made is deposited with the Corporation and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal. 1 Section 353B was inserted by Mah. 6 of 2009, s. 2. 274 The Mumbai Municipal Corporation Act [1888 : III (8) In case the appeal is decided in favour of the appellant and the amount of expenses deposited with the Corporation is more than the amount payable by the appellant, the Commissioner shall adjust the excess amount with interest at 6.25 per cent. per annum from the date on which the amount is so deposited by the appellant, towards the property tax payable by the owner in respect of such building thereafter.] Dangerous Structures