Section 353A in The Mumbai Municipal Corporation Act, 1888
353A. [ Completion certificates : Permission to occupy or use. [Section 353A was Inserted by Bombay 5 of 1905, Section 53.]
(1)Every person who employs a licensed surveyor or person approved by the Commissioner to erect a building or execute any such work as is described in section 342 shall, within one month after the completion of the erection of such building or the execution of such work, deliver or send or cause to be delivered or sent to the Commissioner at his office, notice in writing of such completion, accompanied by a certificate in the form of Schedule T signed by the person employed under section 344A, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work:Provided that-(a)such inspection shall be commenced within seven days from the date of receipt of the notice of completion, and(b)the Commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or, in the absence of such address, affixed to a conspicuous part of the building to which such notice relates(i)give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or(ii)refuse such permission in case such building has been erected or such work executed so as to contravene any provision of this Act or of the bye-laws.(1A)[ Notwithstanding anything contained in sub-section (1), a co-operative housing society or a federation of co-operative housing societies registered under the Maharashtra Co-operative Societies Act, 1960 or any condominium or a company incorporated under the Companies Act, 1956 with limited liability or an association of persons any ad hoc body formed by the occupants of the building constructed before the 25th March, 1991 and occupied without obtaining the permission to occupy the building from the Commissioner under section 353A, shall employ a licenced surveyor or person approved by the Commissioner to erect a building or to execute any such work as is described in section 342, who shall after inspecting the said premises deliver or send or cause to be delivered or send to the Commissioner at his office, notice in writing of such completion accompanied by certificate in Form "T". The certificate given by the licenced surveyor or person approved by the Commissioner to erect a building or execute any such work as is described in section 342, under this sub-section shall, for all purposes, be deemed to be the certificate given under sub-section (1).](2)No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any such work, until -(a)the permission referred to in proviso (b) to sub-section (1) has been received, or(b)the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate as aforesaid his refusal of the said permission.]
