361. Demolition of building unfit for human habitation.
(1)Where the Chief Officer of a Municipality upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expose of being rendered so fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgage, or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.(2)If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Chief Officer and gives an undertaking to him that such person, shall, within a period specified by the Chief Officer, execute such works of improvement in relation to the building, as will, in the opinion of the Chief Officer render the building fit for human habitation until the Chief Officer on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Chief Officer shall not make an order of demolition of the building.(3)If no such undertaking as in mentioned in sub-section (2), is given, or if in a case where any such undertaking has been given any work of improvement to which the undertaking relates, is not carried out within the specified period, or the buildings is at anytime used in contravention of the terms of the undertaking, the Chief Officer shall, forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished with six weeks of the expiration of that period.(4)Where an order of demolition of a building under this section has been made, the owner of the building or any other person, having an interest therein, shall demolish that building within the time specified in that behalf by the order, and it if the building is not demolished within that time, the Chief Officer shall cause the building to be demolished sand sell the materials thereof.(5)Any expenses incurred by the Chief Officer under sub-section (4) if not satisfied out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person, having an interest therein as an arrear of tax under this Act.(6)In determining for the purposes of section 359, and this section whether a building is unfit for human habitation regard shall be had to its condition is respect of the following matters, that is to say, -(a)Repair;(b)Stability;(c)Freedom from damp;(d)Natural light and air;(e)Water supply;(f)Drainage and sanitary conveniences; and(g)Facilities for storage, preparation and cooking of food and for the disposal of filth and other polluted matter;and the building shall be deemed to be unfit as aforesaid, if and only if, it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in the condition.(7)For the purposes of section 359, section 360 and this section "work improvement" in relation to a building includes any one or more of the following works namely: -(a)Necessary repairs;(b)Structural alterations;(c)Provision of light points and water taps;(d)Construction of drains, open or covered;(e)Provision of latrines and urinals;(f)Provision of additional or improved fixtures and fittings;(g)Opening up or paving of courtyard;(h)Removal of rubbish, filth and other polluted and obnoxious matter; and(i)Any other work including the demolition of any building or any part thereof, which, in the opinion of the Chief Officer, is necessary for executing any of the works specified above.(8)The provisions of Section 358, Section 359, Section 360 and this section shall not apply in relation to any building in any area, as may be specified to be a slum area.
