This Act may be called the City of Bombay (Building Works Restriction) Act, 1949.
Unless there is anything repugnant in the subject or context, words and expressions used in this Act shall have the same meaning as in the 1Mumbai Municipal Act (Bom. III of 1888), (hereinafter called "the principal Act").
1 See Mah.25 of 1996, Schedule.
No person shall, during the period of two years from the date of the commencement of this Act, do any work of erecting, re-erecting, constructing, reconstructing, adding to, altering or repairing any building, wall or other structure, or any part thereof situated in the area described in the Schedule, or laying out any private street in the said area, except under the authority of a written permission granted by the Commissioner and except in accordance with such conditions, if any, as the Commissioner may think fit to specify in the permission.
The powers conferred on the Commissioner by section 3 may be exercised, under the Commissioner’s control and subject to his revision and to such conditions and limitations, if any, as he shall think fit to prescribe, by any municipal officer or servant whom the Commissioner specially empowers in writing in this behalf.
Whoever contravenes the provisions of section 3 shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both.
Explanation.-If any person who is in occupation, possession, or control of any land or building fails without lawful authority or excuse in respect of such land or building to comply or to secure compliance with the provisions of section 3 or evades or attempts to evade the said provisions he shall be deemed to have contravened the said provisions.
(1) The Commissioner may remove or cause to be removed any work done in contravention of section 3.
(2) All reasonable expenses incurred by the Commissioner in effecting any removal under sub-section (1) shall be recoverable under the principal Act as if such expenses were included in sub-section (1) of section 490 of the principal Act.
Notwithstanding anything to the contrary contained in the principal Act any expenses incurred by the Commissioner in the execution or intended execution of this Act may be paid out of the municipal fund.
The benefit of any written permission granted under section 3 shall be annexed to and shall go with the ownership of the building, wall, or other structure or private street, as the case may be, in respect of which it was granted, and may be enforced by every person in whom that ownership is for the time being vested, and every condition specified in any such permission shall be binding upon every such person.
No suit or other legal proceeding shall be instituted against the Corporation or the Commissioner or any municipal officer or servant in respect of any act in good faith done or intended to be done in pursuance of the provisions of this Act.