MMCNPIT Act 193Chapter XII · Control Over Buildings

Section 193 · Completion certificate, permission to occupy or use

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(1)

Every person constructing a building shall, within one month after the completion of construction of such building, deliver or send or cause to be delivered or sent to the Chief Officer at his office, notice in writing of such completion and shall give to the Chief Officer all necessary facilities for inspection of such building:Provided that, -

(a)

such inspection shall be commenced within seven days from the date of receipt of the notice of completion; and

(b)

the Chief Officer may, not later than one month from the date of receipt of the notice of completion, by written intimation addressed to the person from whom the notice of completion was received, -
(i)give permission for the occupation of such building or for the use of the building or part thereof affected by such construction; or
(ii)refuse such permission in case such building has been constructed so as to contravene any provision of this Act or of any bye-law made under this Act at the time in force or of any order passed under section 189 intimating to the person who gave the notice under sub-section (2) of that section, the reasons for such refusal and requiring such person, or if the person responsible for giving notice under sub-section (2) of the said section is not at the time of such notice owner of such building then such owner to cause anything which is contrary to any provision of this Act or of any bye­law made under this Act at the time in force or of any order passed under Section 189 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.

(2)

No person shall occupy or permit to be occupied or use or permit to be used any such building constructed or part thereof affected by such construction, until, -

(a)

the permission referred to in proviso (b) to sub-section (1) has been received, or

(b)

the Chief Officer has failed for one month after the receipt of the notice of completion to intimate as aforesaid his refusal of the said permission.

(3)

Whoever-

(a)

occupies or permits to be occupied any such building or part thereof affected by such construction without giving any notice as required under sub­section (1) or in contravention of the provisions of sub-section (2); or

(b)

fails to comply with any order or requisition made under sub-section (1),
shall, on conviction, be punished with fine which may extend to [five thousand rupees] [These words were substituted for the words 'five hundred rupees' by Maharashtra 1 of 2011, Section 10(1), (w.e.f. 14-1-2011).], and in the case of continuing contravention or non-compliance with further fine which may extend to [Two hundred and fifty rupees] [These wards were substituted for the words 'twenty-five rupees' by Maharashtra 1 of 2011, Section 10(2), (w.e.f. 14-1-2011).] for every day after first during which such contravention or non-compliance continues.

The offence at a glance

Fine
₹5,000
Cognizable
Non-cognizable
Bailable
Bailable
Triable by
Any Magistrate
  • Non-cognizable — Police cannot investigate without a Magistrate's order
  • Bailable — Bail is your right — it can be granted at the police station

Derived from the First Schedule Part II rule — not listed section by section

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