Section 394(4) in The Mumbai Municipal Corporation Act, 1888
(4)If it appears to the Commissioner that the keeping of any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or the carrying on of any trade, process or operation, in or upon any premises is dangerous or likely to create a nuisance within the meaning of clause (d), or paragraph (ii) of clause (e), of sub-section (1), the Commissioner may, by written notice, require the person keeping the article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or suffering or allowing it to be kept or the person carrying on the trade, process or operation or allowing it to be carried on, as the case may be, to take such measures (including discontinuance of the use of the premises for any such purpose) as may be specified by him in such notice in order to prevent such danger or nuisance; and if such measures are not taken within the specified time, the Commissioner may seize and carry away or seal such article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or any machinery or device used in connection with such trade, process or operations. Any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or machinery or device so seized and carried away or sealed may be redeemed, within a period of one month from the date of seizure, on payment of such sum and subject to such conditions as to future use or disposition of such article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).], machinery or device as may be fixed by the Commissioner in that behalf:Provided that, if any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] so seized and carried away or sealed is of an explosive or dangerous nature, the Commissioner may by order in writing cause the same to be forthwise destroyed or otherwise disposed of, as he thinks fit:Provided further that, if any article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or machinery or device so seized and carried away or sealed is not claimed and redeemed by the owner or person found in possession thereof, the Commissioner may by order in writing cause the same to be sold by auction or otherwise disposed of as he thinks fit, forthwith if the article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] is of a perishable nature, and in any other case after the expiry of the aforesaid period of one month.The proceeds of the sale or other disposal (if any) shall, after defraying therefrom the cost of the sale or such disposal, he paid to the owner or person found in possession of the article [or animal] [These words were inserted by Maharashtra 42 of 1976, Section 11(c).] or machinery or device sold or disposed of.
