MMCNPIT Act 189Chapter XII · Control Over Buildings
Section 189 · Notice of construction of building
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(1)
The expression "to construct a building" throughout this Chapter includes :-(a)
any material alteration, enlargement or reconstruction of any buildings, or of any wall including compound wall and fencing, verandahs, fixed platform, plinth, door-step or the like, whether constituting part of a building or not;(b)
the conversion into a place for human habitation of any building not originally constructed for human habitation;(c)
the conversion into more than one place for human habitation of any place originally constructed as one such place;(d)
the conversion of two or more places of human habitation into a greater number of such places;(e)
such alterations of the internal arrangements of a building, as affect its drainage, ventilation or other sanitary arrangements, or its security or stability; and(f)
the addition of any rooms, buildings, or other structures to any building, and a building so altered, enlarged, reconstructed, converted or added to, is throughout this Chapter included under the expression "a new building".(2)
Before beginning to construct any building, the person intending so to construct shall give to the Chief Officer notice thereof in writing and shall furnish to him at the same time, if required by a bye-law or by a special order to do so, a plan showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the Chief Officer, and all information required by the bye-laws, or demanded by the Chief Officer, regarding the limits, design, ventilation and materials of the proposed building and the intended situation and construction of the drains, privies, water-closets, house-gullies and cess pools, if any to be used in connection therewith, and the location of the building with reference to any existing or projected streets, the means of access to such building and the purpose for which the building will be used:Provided that, if the bye-laws of the Council so require, such notice shall be in such form as the Council may from time to time prescribe and such plans shall be signed by a person possessing the qualifications laid down in the bye-laws or licensed under the bye-laws so to sign such plans.(3)
If the person giving notice under sub-section (2) fails to-(i)
furnish all the information and documents required under sub-section (2); or(ii)
the Chief Officer deems it necessary to call for any further information or documents.(4)
Within sixty days of the receipt by the Chief Officer of the notice under subsection (2), or if any further information and documents have been called for under sub-section (3) then within sixty days of the receipt of all such further information and documents, the Chief Officer may -(a)
grant the necessary permission to construct according to the plans and information furnished under sub-section (2) and sub-section (3);(b)
impose any conditions in accordance with this Act or the rules, and bye-laws made thereunder, as to the level, drainage, sanitation, materials or to the number of storeys to be erected, or with reference to the location of the building in relation to any street existing or projected or to the means of access to such building or the purpose for which the building is to be used;(c)
direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building or street have been decided to his satisfaction;(d)
subject to the provisions of the next succeeding section, refuse such permission for reasons which shall be communicated to the applicant in writing.(5)
The Council may, before any work has been commenced in pursuance of any permission granted by the Chief Officer under sub-section (4), revoke such permission and may give fresh permission in lieu thereof or issue any other order as may be passed by the Chief Officer under sub-section (4).(6)
If the Chief Officer fails to issue an order under clause (c) or (d) of subsection (4) within the period prescribed in that sub-section, the person giving notice under sub-section (2) shall, after the expiry of the said period, be entitled to proceed with the work in respect of which such notice has been given under sub-section (2), in the manner specified in such notice, provided that such manner is not inconsistent with any provisions of this Act or any rule or bye-law for the time being in force thereunder.(7)
No person who becomes entitled under sub-sections (4), (5) or (6) to proceed with any intended work of which notice is required by sub-section (2), shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed therewith, unless he shall have again become so entitled by a fresh compliance with the provisions of sub-section (2) to (6).(8)
If any person begins any construction of a building of which notice is required to be given under sub-section (2) -(i)
without the permission of the Chief Officer under sub-section (4) or of the Council under sub-section (5), save as otherwise provided under subsection (6); or(ii)
having received permission under clause (a) of sub-section (4), contrary to the plans and information furnished under sub-section (2) and (3); or(iii)
having received permission under clause (b) of sub-section (4), contrary to the conditions imposed under that clause or contrary to the plans and information submitted under sub-sections (2) and (3) in so far as such plans and information are nor modified by such conditions; or(iv)
contrary to the provisions of sub-section (6), when construction is begun under that sub-section,(9)
[ Any person to whom the notice under sub-section (8) of this section or subsection (2) of section 195 has been served, on his failure to comply with such notice,-(a)
for restoration of the foundation, plinth, floor or structural members or load bearing wall, thereby endangering the life and property of any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood thereof, shall be punished with imprisonment for a term which shall not be less than three months but which may extend to three years; and with a fine which shall not be less than three months but which may extend to three years; and with a fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention;(b)
for removing, pulling down the unauthorised work, shall be punished with imprisonment for a term which shall not be less than one month but which may extend to one year and with a fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for each day during which such contravention continues after conviction for the first such contravention.](10)
The Court convicting such person may also direct such person to demolish or alter the building in accordance with the order of the Chief Officer or in such other manner as the Court may deem proper and within the period specified by the Court. If such person fails to demolish or alter the building within the period specified by the Court, or in the manner required by the Court, he shall, on conviction, be punished with further fine which may extend to [two hundred and fifty rupees] [These words were substituted for the words 'twenty-five rupees' by Maharashtra 1 of 2011, Section 8(2), (w.e.f. 14-1-2011).] for every day after the expiry of the period for compliance specified by the Court in its order during which such non-compliance continues.(11)
Nothing in sub-section (8) or (10) shall be deemed to affect the power of the Council or the Chief Officer to demolish or alter the building under section 195.(12)
The Chief Officer may, at any time, inspect without giving notice of his intention to do so, any work of which notice is required by sub-section (2), and at any time during the execution of any work may by written notice, specify any matter in respect of which the execution of such work is in contravention of any provision of this Act or of any bye-laws made under this Act or of any order passed under this section; and require the person executing such work to cause anything done contrary to any such provision or bye-laws or order to be amended or to do anything which by any such provision or bye-law or order he is required to do but which has been omitted.(13)
[ Where it has been brought to the notice of the Chief Officer or any other officer of the Council, nominated by the Council in the prescribed manner, that erection of any building or execution of any work is carried out or commenced contrary to the provisions of the Act, rules or bye-laws and if such officer has failed, without sufficient reasons, to take action as provided under this section, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.] [Sub-section (13) was added by Maharashtra 2 of 2012, Section 26(2), (w.e.f. 4-8-2012).]The offence at a glance
- Maximum punishment
- 3 years
- Statutory minimum
- 1 month
- Fine
- ₹50,000
- Cognizable
- Cognizable
- Bailable
- Bailable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
Under this Act's own provision
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