MMCNPIT Act 193AChapter XII · Control Over Buildings
Section 193A · [ Structural Stability Certificate. [Section 193A inserted by Maharashtra 6 of 2009, Section 8 (w.e.f. 14-1-2009).]
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(1)
Every owner or occupier of a building in respect of which a period of thirty years, from the date of, -(i)
issue of its completion certificate by the Council; or(ii)
issue of permission to occupy a building under section 193; or(iii)
its physical occupation of at least 50 per cent. of its built up area,(2)
The Structural Stability Certificate shall be submitted within one year from the expiry of a period of thirty years referred to in sub-section (1), and every ten years thereafter or such earlier period as the Chief Officer may determine having regard to the condition of the building and the corrective repairs carried out by the owner or occupier.(3)
Notwithstanding anything contained in sub-section (1), the Chief Officer may, at any time, after having recorded the reasons, in writing, direct the owner or occupier of a building, to cause such building to be examined by such Structural Engineer and to submit to the Chief Officer, the Structural Stability Certificate, as required under subsection (1), within the period not exceeding thirty days as specified by the Chief Officer in such direction.(4)
if the Structural Engineer recommends any corrective repairs for securing the structural stability of the building, such corrective repairs shall be carried out by the owner or occupier of a building to the satisfaction of the Chief Officer.(5)
Any owner or occupier, as the case may be, who fails to carry out corrective repairs for securing structural stability, within a period of six months from the date of report of the Structural Engineer, shall be punished with the fine of rupees ten thousand or an amount equal to the property tax of the building for a period of one year, whichever is higher.(6)
Notwithstanding anything contained in sub-section (5), the Chief Officer may, after giving the owner or occupier, a notice in writing, require him to carry out, within the period specified, in the notice, corrective repairs for securing structural stability of a building. If the owner or occupier fails to carry out such corrective repairs within the period specified in the notice, the Chief Officer may carry out the same the expenses incurred by the Chief Officer on such repairs shall, on demand, if not paid within thirty days, be recovered from the owner or occupier as arrears of property tax.(7)
If there is any dispute about the amount of expenses for which demand is made under sub-section (6), an appeal may be preferred by the owner to the Property Tax Appeal Committee constituted under sub-section (2) of section 169 of this Act, but no such appeal shall be entertained by the said Committee, unless -(i)
it is preferred within twenty-one days from the date of receipt of notice of such demand;(ii)
the amount for which demand is made is deposited with the Council and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal.(8)
In case the appeal is decided in favour of the appellant and the amount of expenses deposited with the Council is more than the amount payable by the appellant, the Chief Officer shalt adjust the excess amount with interest at 6.25 per cent. per annum from the date on which the amount is so deposited by the appellant, towards the property tax payable by the owner in respect of such building thereafter.]The offence at a glance
- Maximum punishment
- 1 year
- 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
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
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