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State of Odisha - Section

Section 535 in The Orissa Municipal Corporation Act, 2003

535. Overcrowded dwelling.

(1)Where it appears to the Commissioner, whether from any certificate furnished under Section 534 or otherwise, that any building or any room or rooms therein used for human habitation is overcrowded he may apply to a Magistrate to prevent such overcrowding and the Magistrate after making such inquiry as he thinks fit, may fix the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building, within a reasonable time not exceeding ten days to be fixed in the said order, to abate the overcrowding thereof by reducing the number of lodger, tenants or other inmates of the said building or rooms or rooms, in accordance with the maximum so fixed or may pass such other orders as he may deem just and proper.
(2)Where the occupier of the said building has sublet the same, the lodgers, tenants or other actual inmates of the same shall, for the purpose of this section, be deemed to be the owner of the said building.
(3)Every tenant, lodger, or other inmate of the said building shall vacate on being required by the owner in pursuance of any order under Subsection (1).
(4)A room used exclusively as a dwelling shall be deemed to be overcrowded within the meaning of this section when the number of adult inmates is such that the total floor space available for each adult inmate is less than twenty five superficial feet and for each person under the age of ten years less than twelve and one-half superficial feet; but when the air space for each adult inmate is less than two hundred and fifty cubic feet, two children under ten years of age shall count as one adult.