Amendment status not verified — confirm the current text below against the official source.
Neglected premises.— (1) If it shall appear to the Commissioner that any premises are over- grown with rank and noisome vegetation or are otherwise in an unwholesome or filthy condition or, by reason of their not being properly enclosed, are resorted to by the public for purposes of nature, or are otherwise a nuisance to the neighbouring inhabitants, the Commissioner may, by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same, or with the approval of the 4[Standing Committee], may require him to take such other order with the same as the Commissioner thinks necessary. 5[(1-A) Neglected private streets.— If it shall appear to the Commissioner that any private street is overgrown with rank and noisome vegetation or is otherwise in an unwholesome or filthy condition, the Commissioner may by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to cleanse or clear the same, or with the approval of the 6[Standing Committee] require them to take such other order with the same as the Commissioner may think necessary: Provided that nothing herein contained shall affect the provision of section 365.] (2) Provided that in so far as the unwholesome or filthy condition of such premises 7[or such street] or such nuisance as abovementioned is caused by the discharge from or by any defect in the municipal 1 Section 375A was inserted by Bom. 1 of 1916, s. 8. 2 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. 4 These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 153(a). 5 Sub-section (1-A) was added by Bom. 1 of 1916, s. 9(a). 6 These words were substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 153(b). 7 These words were inserted by Bom. 1 of 1916, s. 9(b). 306 The Mumbai Municipal Corporation Act [1888 : III drains or appliances connected therewith, it shall be incumbent on the Commissioner to cleanse such premises 1[or such street.] 2[377A. Nuisance arising from defective roof.— (1) If it shall appear to the Commissioner that any building or any part of a building is in such a state as to constitute a nuisance, or to be likely to give rise to one, by reason of rain-water leaking from its roof or any part of its roof the Commissioner may give a notice in writing to the owner of such building requiring him to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice. (2) If at any time thereafter the Commissioner is of opinion that such a nuisance may recur he may, notwithstanding that the original nuisance may have been abated by the owner of the building under sub- section (1) give a further notice in writing to the said owner requiring him to abate the probable recurrence of the nuisance within the time and in the manner specified in the notice. (3) If the owner of the building by whose act, default or sufferance such nuisance has arisen or continues is unknown or cannot be found, the Commissioner may take such measures or cause such work to be executed or such things to be done as shall in his opinion necessary to abate such nuisance and to prevent its recurrence. 3[(4) Where the owner of a building fails to comply with any notice requiring him to abate the nuisance or prevent its recurrence or probable recurrence under sub-section (1) or sub-section (2), the occupier or occupiers interested may instead of resorting to section 499, seek the approval of the Commissioner under this section, to execute the required work. For this purpose, the occupiers shall submit an application to the Commissioner together with the plans and estimates of the work and pay to the Corporation a sum equal to five per cent of the estimated cost, as fees for scrutiny and supervision of the work, which shall not be refundable, unless the approval is not granted. On receipt of such application and payment of such fees, the Commissioner may after making such inquiry as he deems fit grant the approval on such conditions as he thinks fit. The occupiers shall then be entitled to execute the work. After completion of the work, the occupiers shall submit to the Commissioner the accounts together with the vouchers maintained by them, for certifying reasonable expenses incurred by them for executing the work. After examining the work executed and the accounts submitted, the Commissioner shall issue a certificate to the occupiers specifying the amount of reasonable expenses incurred by the occupiers in executing the work, and the apportionment of the same. Such amount shall include the fees paid to the Corporation for scrutiny and supervision of the works. The Commissioner shall send a copy of his certificate to the owner. The occupier shall then be entitled to recover the amount so certified from the owner and may deduct the same from the rent which from time to time becomes due by them to the owner: Provided that, where such work is jointly executed by the occupiers the amount to be recovered or deducted by each occupier shall bear the same proportion as the rent payable by him in respect of his premises bears to the amount so certified. (5) Where the amount specified in any certificate issued by the Commissioner under sub-section (4) does not exceed the amount of the rent payable by all the occupiers in the building for a period of three months, the amount so certified and the apportionment of the same shall for all purposes be final and binding on the owner and the occupiers. In any other case, in case of dispute, the amount or the apportionment of the same, shall be determined in accordance with the provisions of section 504.] 4[378. Building or rooms in buildings unfit for human habitation.— (1) If, for any reason, it shall appear to the Commissioner that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, he shall give to the owner or occupier of such building notice in writing stating such reason and signifying his intention to prohibit the further use of the building or room, as the case may be, as a dwelling and shall by such notice call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice, and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Commissioner invalid or insufficient, he 1 These words were inserted by Bom. 1 of 1916, s. 9(b). 2 This new section 377A was added by Bom. 1 of 1925, s. 24. 3 Sub-sections (4) and (5) were added by Mah. 35 of 1971, s. 2. 4 Section 378 was substituted by Bom. 6 of 1916, s. 6. 1888 : III] The Mumbai Municipal Corporation Act 307 may, with the previous approval of the 1[Standing Committee], by an order in writing, prohibit the further use of such building or room as a dwelling: Provided that, before such approval is given, the owner or occupier aforesaid shall have the right of appearing before the 2[Standing Committee] in person or by agent and of showing cause why such approval should not be given. (2) When any such prohibition as aforesaid has been made, the Commissioner shall cause notice of such prohibition to be affixed to, and the letters “U.H.H.” to be painted on the door or some conspicuous part of such building or room, as the case may be, and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Commissioner certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation. 3[(3) Where the Commissioner has prohibited the further use of a building or room as a dwelling, the owner or owners of such building or room shall, so far as may be necessary to prevent nuisance, keep the building or the room or rooms clean and wholesome.]] 4[378A. Power to require repair of insanitary buildings.— (1) If it shall appear to the Commissioner that any building intended for, or used as, a dwelling is in any respect unfit for human habitation and does not conform with the regulations framed under section 378D, the Commissioner may, by written notice, require the owner of the building, within such reasonable time (not being less than twenty-one days) as may be specified in the notice, to execute such works or carry out such alterations as would render the building fit for human habitation. (2) In addition to serving a notice under this section on the owner of the building the Commissioner may serve a copy of the notice on any other person having interest in the building, whether as owner of the land, mortgagee, lessee, or otherwise.