Section 388 in The Bombay Provincial Municipal Corporations Act, 1949
388. Time of making entry. - (1) No such entry shall be made within sunset and sunrise:
Provided that in any case in which it has been expressly provided by or under this Act such entry may be made by a day or night.(2)Except as otherwise expressly provided by or under this Act, no building used as a human dwelling shall be entered unless with the consent of the occupier thereof without giving him at least six hours' notice in writing of the intended entry and, except when it is deemed inexpedient to mention the purpose thereof, of such purpose.(3)When such premises may otherwise be entered without notice, sufficient notice shall be given in every instance to enable the inmates of any apartment appropriated to females to remove themselves.(4)Due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.(5)No claim shall lie against any person for compensation for any damage, necessarily caused by an entry under sub-section (7) of section 376 or by use of any force necessary for effecting such entry.[388A. Power of Commissioner to evict persons summarily in certain cases. - (1) Where the Commissioner is required by section 284A, 301 or 304 to cause building or part thereof to be vacated, he may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of the Commissioner be reasonably necessary therefor.(2)The Commissioner may, after giving 15 clear days notice to the persons evicted under sub-section (1), remove or cause to be removed or dispose of by public auction any property remaining in such building.(3)Where property is sold under sub-section (2) the sale proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the Commissioner to be entitled to the same.]
