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[Cites 0, Cited by 0] [Section 381] [Entire Act]

State of Maharashtra - Subsection

Section 381(2) in The Mumbai Municipal Corporation Act, 1888

(2)If [any person who, by a requisition made under sub-section (1), is required] to fill up, cover over or drain of a well, delivers to the Commissioner, within the time prescribed for compliance therewith written objections to such requisition, the Commissioner shall report such objections to the [Standing Committee] [These words, figure and brackets were substituted for the original words by Bombay 10 of 1928, Section 14(b)(i).] and shall make further inquiry into the case, and he shall not institute any prosecution under section 517 for failure to comply with such requisition except with the approval of the [Standing Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 158(b), (w.e.f. 23-4-1999).], but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance, proceed in accordance with section 489 and, pending [ [the Standing Committee] [The words were substituted for the words 'the Standing Committee's disposal' by Maharashtra 10 of 1998, Section 189(c).] disposal] of the question whether the said well shall be permanently filled up, covered over or otherwise dealt with, may cause such well to be securely covered over, so as to prevent the ingress of mosquitoes, and in every such case the Commissioner shall determine, with the approval of [the Standing Committee] [These words were substituted for the words the 'Member-in-Charge' by Maharashtra 27 of 1999, Section 158(a), (w.e.f. 23-4-1999).], whether the expenses of any work already done as aforesaid shall be paid by such [person] [The word 'person' was substituted for the original word 'owner' by Bombay 10 of 1928, Section 14(b)(ii).], or by the Commissioner out of the municipal fund or shall be shared, and, if so, in what proportions.]