MMCNPIT Act 236Chapter XVI · Nuisances

Section 236 · Filthy buildings, etc

Text size — level 1 of 4

(1)

If any building or land, whether tenantable or otherwise, is -

(i)

in an insanitary, filthy or unwholesome state; or

(ii)

in the opinion of the Chief Officer a nuisance to persons residing in the neighbourhood; or

(iii)

overgrown with prickly-pear or rank and noisome vegetation,
the Chief Officer may, by written notice require the owner or occupier of such building or land to clean, lime-wash internally or externally, clear, or otherwise put such building or land in a proper state.

(2)

Any person who fails to comply with the notice issued under sub-section (1) shall, on conviction, be punished with fine which may extend to [one thousand rupees] [These words were substituted for the words 'one hundred rupees' by Maharashtra 1 of 2011, Section 28(1), (w.e.f. 14-1-2011).], and in the case of continuing non-compliance with further fine which may extend to [one hundred rupees] [These words were substituted for the words 'ten rupees' by Maharashtra 1 of 2011, Section 28(2), (w.e.f. 14-1-2011).] for every day after the first, during which such non-compliance continues.

(3)

Where any building, by reason of dilapidation, neglect, abandonment, disuse or disputed ownership, or of its remaining untenanted and thereby-

(a)

becoming a resort of idle and disorderly persons, or of persons who have no ostensible means of subsistence or who cannot give a satisfactory account of themselves; or

(b)

coming into use for any insanitary or immoral purpose; or

(c)

affording a shelter to snakes, rats or other dangerous or offensive animals;
is open to objection that it is a source of nuisance or danger or so unwholesome or unsightly as to be source of discomfort, inconvenience or annoyance to the neighbourhood or to persons passing by such building, the Council, if it considers such objection cannot under any other provision of this Act be otherwise removed, may, if there is any person known or resident within the municipal area who claims to be the owner of such building, by written notice directed to such person, require such person or in any other case by written notice fixed on the door or any other conspicuous part of the building, require all persons claiming to be interested in such building, within a period which shall be specified in the notice and which shall not be less than one month from the date of such notice, to -

(i)

take such measure as may be specified in the notice to remove or to prevent such nuisance, danger, discomfort, inconvenience or annoyance; or

(ii)

cause such building to be taken down and the materials thereof to be removed.

The offence at a glance

Fine
₹1,000
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

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

Work it out

Your private note on this section

Only you can see this note.