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State of Kerala - Section

Section 433 in Kerala Municipality Act, 1994

433. Buildings unfit for human habitation.

(1)Where any building or portion thereof intended for use as a dwelling place appears to the Secretary to be unfit for human habitation, he may by order prohibit [subsequent use] [Substituted 'further use' by Act 14 of 1999, w.e.f. 24-3-1999.] of such structure for such purpose after giving the owner or occupier of the structure a reasonable opportunity of showing cause why such order should not be made.
(2)Where a prohibitory order has been issued under sub section (1), the Secretary shall communicate the same to the owner or occupier of the structure and no owner or occupier of such structure shall use or allow to be used for human habitation until the Secretary certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction.
(3)Where a prohibitory order issued under sub section (1) has remained in operation for one month, the Secretary shall report the case to the Council, which shall, thereupon, consider whether the structure should not be demolished. The Council shall give the owner or occupier not less than fifteen days notice of the time and place at which the question will be considered, and the owner or occupier shall be entitled to be heard when the question is taken into consideration.
(4)Where, upon such consideration, the council is of opinion that the structure has not been rendered fit for human habitation or that steps are not being taken with due diligence to render it fit or that the continuance of the structure is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood, it shall record a decision to that effect specifying the reason therefor, and the Secretary shall, in pursuance of the said decision, by notice, require the owner or occupier to demolish the structure within a period of seven days.
(5)Where the owner or occupier undertakes to execute forthwith the works necessary to render the structure fit for human habitation and [the Secretary may with the consent of the Chairperson] [Substituted 'the Secretary' by Act 14 of 1999, w.e.f. 24-3-1999.] considers that it can be so made fit, the Secretary may postpone the execution of the decision of the Council for such time not exceeding six month as he thinks sufficient for the purpose of giving the owner or the occupier in opportunity of executing the necessary works.