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State of Gujarat - Section

Section 218 in The Gujarat Municipalities Act, 1963

218. Proceedings to abate the overcrowding of the interiors of building.

(1)Whenever the executive committee considers the interior of a building to be so overcrowded as to be or to be likely to become dangerous or prejudicial to the health of the inhabitants of that or of any neighbouring building, the executive committee may cause proceedings to be taken before a taluka Magistrate for the purposes of obtaining an order to prevent such overcrowding.
(2)Such Magistrate may, on the production of a certificate by a medical officer stating his opinion that the overcrowding complained of is likely to cause disease or risk of disease and after such further inquiry, if any, as may appear to such Magistrate necessary, require the owner of the building within a reasonable time not being more than six weeks or less then ten days, to abate the number of lodgers, tenants or other inmates of the said building to such extent as he shall deem necessary to prescribe, or may pass such other order as he shall deem just and proper.
(3)If the owner of the said building shall have sublet 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 building.
(4)It shall be incumbent on any owner, to whom a requisition is issued under subsection (2) forthwith to given to so many of the lodgers, tenants or other actual inmates of the said buildings as may be necessary to fulfil the conditions prescribed in such requisition written notice to vacate the said building, within, the period specified in such requisition, and any such lodgers, tenants or inmates receiving notice shall be bound to comply therewith.
(5)Any owner who after the date specified in any requisition issued under subsection (2) permits the overcrowding of any building in contravention of such requisition, and any person who omits to vacate any such buildings in accordance with notice given to him under sub-section (4), shall be punished with fine which may extend to twenty-five rupees for each day subsequent to the date specified in such requisition during which such overcrowding or such omission to vacate continues.