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State of Maharashtra - Section

Section 378 in The Mumbai Municipal Corporation Act, 1888

378. [ Building or rooms in buildings unfit for human habitation. [Section 378 was substituted by Bombay 6 of 1916, Section 6.]

(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 may, with the previous approval of the [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 [Standing Committee] [These words were substituted for the words 'Member-in-Charge' by Maharashtra 27 of 1999, Section 154, (w.e.f. 23-4-1999).] 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)[ 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.] [Sub-section (3) was inserted by Bombay 34 of 1954, Section 24.]