Amendment status not verified — confirm the current text below against the official source.
Prohibition of back-to-back buildings.— Notwithstanding anything contained in this Act, it shall not be lawful to erect any back-to-back buildings intended to be used as dwellings for the poorer classes, and any such building shall, for the purposes of this Act, be deemed to be unfit for human habitation: Provided that nothing in this section shall prevent the erection or use of a building containing several tenements in which tenements are placed back-to-back, if in the opinion of the Commissioner the several tenements are so constructed and arranged as to secure effective ventilation of all habitable rooms in every tenement.] 2[379. Power of Commissioner to call for statement of accommodation.— (1) The owner of a building shall, within a period of seven days after receipt of a written notice from the Commissioner, sign and give a certificate of the following particulars with respect to such building or any part thereof,— 1 These words were substituted for the words “the Indian Limitation Act, 1908” by Mah. 10 of 1998, s. 188. 2 Section 379 was substituted for the original section by Bom. 5 of 1905, s. 55. 1888 : III] The Mumbai Municipal Corporation Act 311 (a) the total number of rooms in the buildings, (b) the length, breadth and height of each room, and (c) the name of the person to whom he has let the building or each part of the building occupied as a separate tenement. (2) The occupier of a building or of any part of a building occupied as a separate tenement shall, on like notice and within the like period, sign and give a certificate of the following particulars with respect to such building or part of such building as aforesaid which is in his occupation:— (a) the total number of person dwelling in the building or any part of it, (b) the manner of use of each room by day and by night, and (c) the number, sex and age of the occupants of each room used for sleeping.] 1[379A. Over-crowded dwellings.— (1) Where it appears to the Commissioner, whether from any certificate furnished under section 379 or otherwise, that any building or any room or rooms therein used for human habitation is overcrowded, he may apply to a 2[3[Metropolitan Magistrate] specially empowered by the State Government] to prevent such overcrowding; and the said Magistrate, after such inquiry as he thinks fit to make, may prescribe the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building, within a reasonable time not exceeding ten days to be prescribed in the said order, to abate the overcrowding thereof, by reducing the number of lodgers, tenants, or other inmates of the said building or room or rooms, in accordance with the maximum so prescribed and to the satisfaction of the Commissioner, or may pass such other order as he may deem just and proper. (2) Where the owner of the said building has sub-let the same, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purposes of this section, be deemed to be the owner of the said building. (3) Every tenant, lodger, or other inmates of the said building shall vacate on being required by the owner so to do in pursuance of any order under sub-section (1). (4) A room used exclusively as a dwelling shall be deemed to be overcrowded within the meaning of this section when the number of adult inmates is such that the amount of floor space available for each adult inmates is less than twenty-five superficial feet and for each person, under the age of ten years less than twelve and one half superficial feet, or when the air space for each adult inmate is less than two hundred and fifty cubic feet, two children under ten years of age counting as one adult. (5) A room not exclusively used as a dwelling shall be deemed to be overcrowded within the meaning of this section when the number of adult inmates is such that the amount of floor space available for each adult inmate is less than thirty superficial feet, and for each person under the age of ten years less than fifteen superficial feet, or when the air space for each adult inmate is less that three hundred cubic feet, two children under ten years of age counting as one adult.]