Section 268 in The Bombay Provincial Municipal Corporations Act, 1949
268. Power of Commissioner to vacate any building in certain circumstances. - (1) Notwithstanding the provisions of any other law to the contrary the Commissioner may, by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice-
(a)if such building or portion thereof has been unlawfully occupied in contravention of section 263,(b)if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing and the works specified in such notice have not been commenced or completed;(c)if the building or part thereof is in1 a ruinous or dangerous condition within the meaning of section 264.(2)In every such notice the Commissioner shall clearly specify the reasons for requiring such building or portion thereof to be vacated.(3)The affixing of such written notice on any part of such premises shall be deemed a sufficient intimation to the occupiers of such building or portion thereof.(4)On the issue of a notice under sub-section (1), every person in occupation of the building or portion thereof of which the notice relates shall vacate such building or portion as directed in the notice and no person shall, so long as the notice is not withdrawn, enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out.(5)The Commissioner may direct that any person who acts in contravention of subsection (4) shall be removed from such building or part thereof by any police officer.(6)The Commissioner shall, on the application of any person who has vacated any premises in pursuance of a notice under sub-section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alteration or demolition.(7)The Commissioner may direct the removal from the said premises, by any police officer, of any person who obstructs him in any action taken under sub-section (6) and may also use such force as is reasonably necessary to effect entry in the said premises.Regulation of Certain Classes of Buildings in Particular Localities
