Amendment status not verified — confirm the current text below against the official source.
Removal of structures, etc., which are in ruins or likely to fall.— (1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building, wall or other structure and anything affixed to or projecting from any building, wall or other structure) is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighbourhood thereof, the Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure or repair such structure 1[subject to the provisions of section 342], of danger therefrom. (2) The Commissioner may also if he thinks fit, require the said owner or occupier, by the said notice, either forthwith or before proceeding to pull down, secure or repair the said structure, to set up a proper and sufficient hoard or fence for the protection of passers by and other persons, with a convenient platform and hand-rail, if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence. 2[(3) If it shall appear to the Commissioner that any building is dangerous and needs to be pulled down under sub-section (1), the Commissioner shall call upon the owner, before issuing notice thereunder, to furnish a statement in writing signed by the owner stating therein the names of the occupiers of the building known to him or from his record, the area in occupation and location of premises in occupation, possession of each of the respective occupiers or tenants, as the case may be. (4) If he fails to furnish the statement as required by sub-section (3) within the stipulated period, then the Commissioner shall make a list of the occupants of the said building and carpet area of the premises in their respective occupation and possession alongwith the details of location. (5) The action taken under this section shall not affect the inter-se rights of the owners or tenants or occupiers, including right of re-occupation in any manner. Explanation.— For the purposes of this section, “the tenant” shall have the same meaning as assigned to it in clause (15) of section 7 of the Maharashtra Rent Control Act, 1999 (Mah. XVIII of 2000)]. 3[Works unlawfully carried on] 4[354A. Power of 5[Designated Officer] to stop erection of building or work commenced or carried on unlawfully.— (1) If the 6[Designated Officer] is satisfied that the erection of any building or the execution of any such work as is described in section 342 has been unlawfully commenced or is being unlawfully carried on upon premises, the 7[Designated Officer] may, by written notice, require the person erecting such building or executing such work to stop such erection or work 8[forthwith]. 9[(2) If the erection of the building or execution of the work is not stopped as required by the 10[Designated Officer], or permission approved by the competent authority in favour of the erection of the building or execution of the work is not produced within twenty-four hours from the service of notice referred to in sub-section (1), the 11[Designated Officer] may, without further notice, remove or pull 1 The words and figures “subject to the provisions of section 342” were inserted by Mah. 10 of 1998, s. 146. 2 These sub-sections and Explanation were added by Mah. 22 of 2017, s. 2. 3 This heading was inserted by Bom. 5 of 1905, s. 54. 4 This section was substituted for the original by Bom. 64 of 1953, s. 15. 5 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(5). 6 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(1). 7 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(1). 8 This word was substituted for the words “within the period specified in the notice” by Mah. 10 of 1998, s. 147(a). 9 Sub-section (2) was substituted and sub-sections (3) and (4) were added by Mah. 10 of 1998, s. 147(b) and (c). 10 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(2). 11 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(2). 1888 : III] The Mumbai Municipal Corporation Act 275 down the building or work and the expenses thereof shall be paid by the said person or owner of the building or work. The 1[Designated Officer] may also direct that any person directing or carrying out such erection or work shall be removed by any police officer from the place where the building is being erected or the work is being executed.] 2[(3) In addition to the action that the 3[Designated Officer] may take under sub-section (2), he may, without further notice, cause to be removed any materials, machinery, equipments, devices or articles used in the process of erection of the building or execution of such work. (4) If the expenses incurred by the 4[Designated Officer] under sub-sections (2) and (3) are not paid within one month from the date of demand, such sum as remains unpaid shall be treated, as arrears of property tax and the procedure prescribed under this Act for recovery of arrears of property tax shall, mutatis mutandis, apply to the recovery of such unpaid sum.] 5[Regulation of certain classes of buildings in particular localities 354AA. Power to regulate future construction of certain classes of buildings in particular streets of localities.— (1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months,— (a) that in any street or portion of streets specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality; (b) that in any localities specified in the notice, there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice; (c) that the minimum of building plots in particular localities shall be of a specified area; (d) that in any localities specified in the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed; or (e) that in any streets, portions of streets or localities specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulation framed by 6[the Standing Committee] in this behalf and subject to the terms of such permission only. (2) 7[The Standing Committee] shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and its opinion thereon to the Corporation. (3) No objection received after the said period of three months shall be considered. (4) Within a period of two months after receipt of the same the Corporation shall submit all the documents referred to in sub-section (2) with a statement of its opinion thereon to the State Government. (5) The State Government may pass such orders with respect to such declaration, as it may think fit: Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (1). (6) The declaration as confirmed or modified by the State Government shall be published in the Official Gazette and shall take effect from the date of such publication. (7) No person shall erect or re-erect any building in contravention of any such declaration. 1 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(2). 2 Sub-section (2) was substituted and sub-sections (3) and (4) were added by Mah. 10 of 1998, s. 147(b) and (c). 3 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(3). 4 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s. 6(4). 5 This heading and section 354AA where inserted by Bom. 48 of 1950, s. 70. 6 These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 121(a). 7 These words were substituted for the words “The Mayor-in-Council” by Mah. 27 of 1999, s. 121(b). 276 The Mumbai Municipal Corporation Act [1888 : III (8) Notwithstanding anything contained in this Act, after a public notice has been given under sub- section (1), in regard to any street or a part of a street or a locality, no person shall erect or re-erect a building abutting on such street or such part of the street or within the limits of such locality without the previous permission of the Commissioner.] 1[354AB. Responsibility of owner or occupier to keep and maintain exterior of building in good condition.— (1) It shall be the responsibility of every owner or occupier of a building to ensure that the exterior of the building is kept and maintained in good condition and, is not in a state of disrepair or spoiled on account of cracks, stains, shabby enclosures, hanging wires or cables or keeping of unwholesome articles which spoil the appearance of a building or part thereof: Provided that, nothing in this section shall apply to the area declared as slum area under sub-section (1) of section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971) and the buildings in respect of which the redevelopment plan is sanctioned by the Competent Authority is or under consideration of the Competent Authority. (2) If, on inspection of such building or a part thereof, the Commissioner is of the opinion that the exterior of any building or a part thereof is not kept and maintained in good condition and spoiled on account of any of the factors mentioned in sub-section (1), the Commissioner may, by notice in writing, require the owner or occupier thereof to carry out necessary work as may be specified in such notice so as to keep and maintain the exterior of a building in good condition; and the owner, or as the case may be, the occupier shall comply with such notice. (3) The owner or occupier of the building shall carry out the work mentioned in the notice issued by the Commissioner under sub-section (2), within thirty days from the date of receipt of the notice or such longer period as the Commissioner may, having regard to the nature and the extent of work to be carried out, specify. (4) Where the owner or, as the case may be, the occupier fails to comply with the notice under sub- section (2), the Commissioner may cause the work mentioned in such notice to be executed and the owner or, as the case may be, the occupier shall be liable to pay the expenses incurred by the Commissioner in that behalf within thirty days from the date of the receipt of a demand notice, and if such owner or occupier fails to pay the same, there shall be levied an interest at the rate of two per cent. for each month or part thereof, on the amount of expenses incurred by the Commissioner, till the entire amount of such expenses is paid. (5) Save as otherwise provided in this section, the amount of such expenses together with interest, if any, shall be recoverable as if the amount thereof was due as a property tax. (6) If there is any dispute about the amount of expenses for which demand is made under sub-section (4), 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. (7) 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. 2354AC. Power of Commissioner to make declaration of aesthetic harmony.— (1) The Commissioner, after obtaining approval of the State Government, may, by notification in the Official Gazette, and by advertisement in not less than two local newspapers, declare that with a view to creating aesthetic harmony, maintaining architectural character and beautifying and improving the aesthetic 1 Sections 354AB and 354AC were inserted by Mah. 9 of 2011, s. 2. Section 354 AB is not yet brought into force. 2 Section 354AC was brought into force with effect from the 1st November 2011, vide G.N., U.D.D., No. BMC- 5007/267/C.R. 71/UD-32, dated the 1st November 2011. 1888 : III] The Mumbai Municipal Corporation Act 277 appearance of a particular urban space, the external appearance of any building or buildings including any fixtures thereof, and a boundary wall, if any, either existing on the date of publication of declaration or proposed to be constructed and completed thereafter and located on any street in any locality or part thereof in the municipal area specified in such declaration, be kept and maintained in such manner and within such time as may be indicated in such declaration. (2) Before publication of the notification under sub-section (1), the Commissioner shall cause to be given a notice by advertisement in the Official Gazette and in not less than two local newspapers announcing his intention to issue such declaration, and inviting all persons who entertain any objection or who desire to make any suggestions to the said proposal to submit the same in writing, with the reasons therefor, to the Commissioner within one month from the date of the publication of such notice in the Official Gazette. After expiry of the said period of one month, the Commissioner shall consider the objections and suggestions within one month. (3) Where the owner fails to comply with the requirements under the declaration under sub-section (1), within the period specified, the Commissioner may take or cause to be taken such steps to carry out the work required to be executed under the declaration; and the expenses incurred by the Corporation in respect thereof shall be recovered from the owner as if the amount thereof were arrears of property tax due by the said owner and shall be payable by the owner on demand. (4) If there is any dispute about the amount of expenses for which demand is made under sub- section (3), an appeal may be preferred by the owner 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. (5) 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.] 1[354AAA. Empowerment of Slum Rehabilitation Authority for implementation of Slum Rehabilitation Scheme.— Notwithstanding anything contained in any other provisions of this Act, the State Government may, by notification in the Official Gazette, direct that the powers of the Commissioner under this Chapter and the powers of the Corporation and the Committees of the Corporation under this Act, if any, relating to building regulations and matters ancillary or consequential thereto, shall be exercised by the Slum Rehabilitation authority appointed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971) for the slum rehabilitation area declared under that Act.] 2[CHAPTER XII A CITY IMPROVEMENT