Penalties
471. Certain offences punishable with fine.
– Whoever-
(a) contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of the following table, or of any regulation made thereunder; or
(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses,shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the third column of the said table Subject, however, to a minimum fine which shall not be less than fine mentioned in the fourth column of the said table.
Explanation – The entries in the second column of the said table headed “Subject” are not intended as definitions of the offences described in the sections, sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses, but are inserted merely as references to, the subjects of the sections, sub-sections and clauses, the numbers of which are given in the first column.
Sr.No. | Section, sub-section or clause | Subject | Fine which may be imposed | Minimum fine which shall be imposed |
(1) | (2) | (3) | (4) | (5) |
1. | Section 149 | Notice to be given of transfer of title | Two thousand rupees | Five hundred rupees |
2. | Section 150 | Requisition to produce instrument of transfer | Two thousand rupees | Five hundred rupees |
3. | Section 152 | Notice to be given of the erection of new building, etc. | Two thousand rupees | Five hundred rupees |
4. | Section 191A, sub-section (3) | Return to be forwarded by an owner or person in charge of a dog. | One thousand rupees | Two hundred fifty rupees |
5. | Section 191H | Return to be submitted by person liable to theatre tax. | Two thousand and Five hundred rupees | Five hundred rupees |
6. | Section 223, sub-section (1) | Building, etc., not to be erected without permission over drains. | Five thousand rupees | One thousand rupees |
7. | Section 229 | Connections, with municipal drains, etc., not to be made except in conformity with section 227 or 228. | Five thousand rupees | One thousand rupees |
8. | Section 229A, sub-section (1) | Buildings, etc., not to be erected without permission over drains | Five thousand rupees | One thousand rupees |
9. | Section 230A | Owner of land to allow others to carry drains through the land. | Two thousand and Five hundred rupees | Five hundred rupees |
10. | Section 231 | Requisition to enforce drainage of undrained premises situated within a hundred feet of a municipal drain | Two thousand and Five hundred rupees | Five hundred rupees |
11. | Section 232 | Requisition to enforce drainage of undrained premises not situated within a hundred feet of a Municipal drain. | Two thousand and Five hundred rupees | Five hundred rupees |
12. | Section 233, sub-section (1), clause (b) | Direction limiting use of drain or notice requiring the construction of a distinct drain. | Two thousand and Five hundred rupees | Five hundred rupees |
13. | Section 233A, clause (b) | Drains for sole use of properties to be maintained in good repair, etc. by owner or occupier of the property. | Two thousand and Five hundred rupees | Five hundred rupees |
14. | Section 234 | New buildings not to be erected without drains. | Fine not to be exceed five thousand rupees | …. |
15. | Section 235 | Excrementitious matter not to be passed into cesspool. | Five thousand rupees | One thousand rupees |
16. | Section 236 | Owners of drains to allow use thereof, or joint ownership therein, to others, | Two thousand and five hundred rupees | Fifty hundred rupees |
17. | Section 240 | Drains not to pass beneath buildings. | Ten thousand rupees | Two thousand rupees |
18. | Section 241 | Provisions as to position of cesspools. | Ten thousand rupees | Two thousand rupees |
19. | Section 243, sub-section (2) | Requisition to cover or ventilate drain or cesspool. | Two thousand and five hundred rupees | Five hundred rupees |
20. | Section 246A, sub-section (1) | Water closets and privies not to be constructed without permission or in contravention of terms prescribed. | Ten thousand rupees | Two thousand rupees |
21. | Section 247 | Buildings newly erected or re-erected to be provided with water closet and other accommodation. | Ten thousand rupees | Two thousand rupees |
22. | Section 248, sub-section (1) | Requisition to enforce provision of privy accommodation, etc. | Ten thousand rupees | Two thousand rupees |
23. | Section 249 | Requisition to provide privy accommodation for factories, etc. | Ten thousand rupees | Five thousand rupees |
24. | Section 249A | Requisition respecting unhealthy privies. | Ten thousand rupees | Two thousand rupees |
25. | Section 250, sub-section (1). | Provisions as to privies. | Two thousand rupees | Five hundred rupees |
26. | Section 251, proviso | Provisions as to water closets | Two thousand rupees | Five hundred rupees |
27. | Section 251A | Provisions as to privies and water-closets | Ten thousand rupees | Two thousand and five hundred rupees |
28. | Section 251B | Provisions as to use of places for bathing or washing clothes or domestic utensils. | Two thousand and five hundred rupees | Five hundred rupees |
29. | Section 257 | Requisition to effect sanitary repairs etc. | Two thousand and five hundred rupees | Five hundred rupees |
30. | Section 259A, sub-sections (1) and (4) | Provisions as to employment of licensed plumber and use of work | Ten thousand rupees | Two thousand rupees |
31. | Section 259A, sub-sections (2) and (3) | Licensed plumber to give and sign certificate. | Two thousand and five hundred rupees | Five hundred rupees |
32. | Section 268, sub-section (1) | Building, etc., not to be erected over water main without permission. | Five thousand rupees | One thousand rupees |
33. | Section 269, sub-section (3) | Water not to be carried away from public water supply for sale, and not to be carried in cask, etc., without permission. | Five thousand rupees | Five hundred rupees |
34. | Section 270, sub-section (2) | Public water supply set apart for particular purpose not to be used for other purpose. | Five thousand rupees | One thousand rupees |
35. | Section 270A | Premises not to be occupied without Commissioner’s certificate in respect of adequate water supply. | Ten thousand rupees | Two thousand rupees |
36. | Section 271, sub-section (2) | Requisition to obtain private water supply and to provide supply and distributing pipes, etc. | Ten thousand rupees | Two thousand rupees |
37. | Section 272, sub-section (1) | Provisions as to making and renewing of connections with municipal water works. | Ten thousand rupees | Two thousand rupees |
38. | Section 272, sub-section (5) | Provision as to unauthorised connections with municipal water works, etc. | Two thousand and five hundred rupees | Five hundred rupees |
39. | Section 274 | Requisition to provide cistern and putting of means of access to any cistern. | Two thousand and five hundred rupees | Five hundred rupees |
40. | Section 274A | Requisition to provide for keeping cisterns locked. | Two thousand and five hundred rupees | Five hundred rupees |
41. | Section 275 | Supply or distributing pipes, etc., to be kept in efficient repair by owner or occupier of premises. | Two thousand and five hundred rupees | One thousand rupees |
42. | Section 278, sub-section (2) | Requisition to remedy defect in meter (supply or distributing pipes), etc. | Five thousand rupees | Five hundred rupees |
43. | Section 280 | Conditions as to use of water not to be contravened. | Five thousand rupees | One thousand rupees |
44. | Section 282 | Prohibition of fraudulent and unauthorised use of water | Five thousand rupees | One thousand rupees |
45. | Section 2878 sub-section (1) | Work under Chapter X to be done by licensed plumber | Ten thousand rupees | Two thousand rupees |
46. | Section 287B sub-section (2) | Name of licensed plumber to be furnished. | One thousand rupees | Two hundred and fifty rupees |
47. | Section 297, sub-section (3) | Construction of building, within the regular line of street without permission. | Twenty-five thousand rupees | Five thousand rupees |
48. | Section 304, sub-section (1) | Land not to be appropriated for building and private streets not to be laid out until expiration of notice nor Otherwise than in accordance with Commissioner’s direction. | Twenty-five thousand rupees | Five thousand rupees |
49. | Section 305 | Requisition as to levelling and draining of private streets. | Five thousand rupees | One thousand rupees |
50. | Section 308, sub-section (1) | Prohibition of projections upon streets, etc. | Ten thousand rupees | Two thousand rupees |
51. | Section 308, sub-section (2) | Requisition to remove the same. | Ten thousand rupees | Two thousand rupees |
52. | Section 309, sub-section (1) | Requisition to remove or alter projections, etc., made before Act III of 1872 came into force. | Ten thousand rupees | Two thousand rupees |
53. | Section 311 | Ground floor doors, etc., not to open outwards on streets. | One thousand rupees | Two hundred rupees |
54. | Section 312 sub-section (1) | Prohibition of structures or fixtures causing obstruction in streets. | Ten thousand rupees | Two thousand rupees |
55. | Section 313, sub-section (1) | Prohibition of deposits, etc., of things in streets. | Two thousand rupees | Two hundred and fifty rupees |
56. | Section 313A | Prohibition of hawking articles for sale in a public place or street without a licence. | Two thousand and five hundred rupees | Five hundred rupees |
57. | Section 313B | Prohibition in a public place or street, of use of skill in handicraft or in rendering services without licence. | Two thousand and five hundred rupees | Five hundred rupees |
58. | Section 315 | Requisition to remove structures or fixtures erected or set up before section 312 came into force. | Five thousand rupees | One thousand rupees |
59. | Section 316, sub-section (1) | Prohibition of the tethering of animals in public streets. | One thousand rupees | Two hundred rupees |
60. | Section 319, sub-section (2) | Direction to close street in which work is in progress. | Two thousand and five hundred rupees | Five hundred rupees |
61. | Section 321, sub-section (2) | Shoring-timber fence, etc., employed to secure public safety while Municipal works are in progress, not to be removed. | Two thousand and five hundred rupees | Five hundred rupees |
62. | Section 322, sub-section (1) | Street not to be opened or broken up and building materials not to be deposited thereon without permission. | Two thousand and five hundred rupees | Five hundred rupees |
63. | Section 323 | Precautions for public safety to be taken by persons to whom permission is granted under section 322. | Two thousand and five hundred rupees | Five hundred rupees |
64. | Section 324, sub-section (1) | Persons to whom permission is granted under section 322 must reinstate street. | Two thousand and five hundred rupees | Five hundred rupees |
65. | Section 325 | Provision to be made by persons to whom permission is granted under section 322 for traffic, etc., when their works interrupt. | Ten thousand rupees | Two thousand rupees |
66. | Section 326 | Hoards to be set up during work on any building adjacent to a street. | Two thousand and five hundred rupees | Five hundred rupees |
67. | Section 327 sub-section (2) | Name of street and number or sub-number of premises or part thereof not to be destroyed or defaced. | One thousand rupees | Two hundred rupees |
68. | Section 328, sub-section (1) | Skysigns not to be erected or retained without permission. | Five thousand rupees | One thousand rupees |
69. | Section 328A, sub-section (1) | Advertisements on certain sites, vehicles, etc., not to be exhibited without permission. | Five thousand rupees | One thousand rupees |
70. | Section 329, sub-section (1) | Requisition to repair, protect or enclose dangerous place. | Two thousand and five hundred rupees | Five hundred rupees |
71. | Section 331 | Prohibition of removal etc., of lamps. | Five thousand rupees | One thousand rupees |
72. | Section 333, sub-sections (1), (2) and (3) | Provision as to manner of laying gas-pipes. | Ten thousand rupees | Two thousand rupees |
73. | Section 334, sub-section (1) | Requisition to alter situation of gas-pipes, etc. | One thousand rupees | Two hundred rupees |
74. | Section 335, sub-section (1) | Buildings, etc., not to be erected without permission over municipal gas-pipes. | Five thousand rupees | One thousand rupees |
75. | Section 344A | Provision for supervision of buildings and works. | Ten thousand rupees | …. |
76. | Section 347, sub-section (1) | Work not to be commenced without notice. | Fifty thousand rupees | Ten thousand rupees |
77. | Section 347A | Building not to be converted to other purposes without the permission of the Commissioner. | Ten thousand rupees | …. |
78. | Section 347B | Building or any part of a building originally constructed or authorised to be used for human habitation not to be used as a godown etc., without permission. | Twenty thousand rupees | Five thousand rupees |
79. | Section 347C | Building originally constructed or authorised to be used for human habitation not to be altered without permission for the purpose of using it as a godown, etc. | Twenty-five thousand rupees | Five thousand rupees |
80. | Section 349 | Roofs and external wails of buildings not to be made of inflammable articles. | Twenty thousand rupees | Four hundred rupees |
81. | Section 349A and 3498 | Provision as to height of buildings. | Twenty thousand rupees | Four thousand rupees |
82. | Section 349C | Provision as to height of frame buildings. | Fifty thousand rupees | Ten thousand rupees |
83. | Section 349D | Alteration and provision of staircase to allow safe exit in the event of fire. | Twenty thousand rupees | Four thousand rupees |
84. | Section 353 | Provision for enforcement of provisions concerning buildings and walls. | Fifty thousand rupees | Ten thousand rupees |
85. | Section 353A | Provision as to completion certificates | Twenty-five thousand rupees | Five thousand rupees |
85A. | Section 353B | Provisions as to Structural Stability Certificate | Twenty-five thousand rupees or the amount equal to property tax of the building, fora period of one year. whichever is higher | Twenty-five thousand rupees or the amount equal to property tax of the building for a period of one year, whichever is higher] |
86. | Section 354AA, sub-section (7) | Erection or re-erection of any building in contravention of the declaration. | Twenty thousand rupees | Four hundred rupees |
87. | Section 354RK sub-section (8) | Construction or re-construction of building within any re-development area without permission. | Ten thousand rupees | Two thousand rupees |
88. | Section 356 | Regulations prescribed for licensed surveyors and plumbers. | One thousand rupees | Two hundred rupees |
89. | Section 357 | Licensed plumber not to demand or receive more than the prescribed fee. | One thousand rupees | Two hundred rupees |
90. | Section 358 | Licensed plumber to be bound to execute work properly. | One thousand rupees | Two hundred rupees |
91. | Section 368 Sub-sections (1), (2), (3) and (4) | Collection removal and deposit of refuse and provision of receptacles. | Ten thousand rupees | Two hundred and fifty rupees |
92. | Section 370 | Collection, and removal of excrementitious and polluted matter to be provided for by occupier in certain cases. | One thousand rupees | Two hundred and fifty rupees |
93. | Section 371 | Halalkhore’s duties in certain cases not to be discharged by private individuals without permission. | Five hundred rupees | One hundred rupees |
94. | Section 372, clauses (a), (b), (C), (d), (e)and (f). | Provision as to removal of refuse. | Two thousand and five hundred rupees | Five hundred rupees |
95. | Section 372, clause (g) | Provision as to removal and skinning of carcasses. | Five thousand rupees | One thousand rupees |
96. | Section 375 | Requisition to cleanse and lime wash building. | Five thousand rupees | One thousand rupees |
97. | Section 375A | Requisition to remove building materials, etc., from any premises. | Five thousand rupees | One thousand rupees |
98. | Section 376 | Prohibition of nuisance, in unoccupied or abandoned premises. | Five thousand rupees | One thousand rupees |
99. | Section 377 | Requisition to cleanse, etc., neglected premises. | Five thousand rupees | One thousand rupees |
100. | Section 377A sub-sections (1) and (2) | Requisition to abate nuisance or to prevent recurrence due to ieakage in the roofs of buildings. | Two thousand and five hundred rupees | Five hundred rupees |
101. | Section 378, sub-section (2) | Provision as to buildings unfit for human habitation. | Five thousand rupees | One thousand rupees |
102. | Section 379 | Owner or occupier of a house within seven days of receipt of notice, to give statement of accommodation. | Five thousand rupees | One thousand rupees |
103. | Section 379A, sub-section (1) | Requisition by Metropolitan Magistrate to abate overcrowding. | Two thousand rupees | Four hundred rupees |
104. | Section 379A, sub-section (3) | Requisition by owner pursuant to order under sub-section (1). | Two thousand rupees | Four hundred rupees |
105. | Section 380 | Requisition to remove or alter insanitary huts. | Two thousand and five hundred rupees | Five hundred rupees |
106. | Section 381 | Requisition to fill in pools, etc., which are a nuisance. | Ten thousand rupees | Two thousand rupees |
107. | Section 381A, sub-section (1) | Digging or constructing well, etc., without permission. | Five thousand rupees | Two thousand rupees |
108. | Section 381A sub-section (2) | Requisition to fill in or demolish well, etc. | Ten thousand rupees | Two thousand rupees |
109. | Section 381B | Prohibitions of mosquito breeding in collection of water on any land. | Ten thousand rupees | Two thousand rupees |
110. | Section 382 | Requisition to discontinue dangerous quarrying | Ten thousand rupees | Two thousand rupees |
111. | Section 383 sub-section (1) | Requisition to remove or trim trees, shrubs or hedges. | One thousand rupees | Two hundred rupees |
112. | Section 384, sub-section (1) | Prohibitions as to keeping of animals. | Two thousand and five hundred rupees | Five hundred rupees |
113. | Section 384A | Requisition to discontinue, etc., stabling animals or storing grains, etc., in dwelling house. | Two thousand and five hundred rupees | Five hundred rupees |
114. | Section 385 sub-section (2) | Prompt notice to be given to Health Department for removal of carcasses of dead animals without authorisation of the Commissioner. | One thousand rupees | One hundred rupees |
115. | Section 388, clauses (e), (f) and (g) | Prohibition of bathing, etc., contrary to order or regulation. | Five thousand rupees | Two hundred fifty rupees |
116. | Section 390, sub-section (1) | Factory, etc., not to be newly established or worked without permission. | Fifty thousand rupees | Ten thousand rupees |
117. | Section 390, sub-section (3) | Prohibition of continuous or resumption of working of factory, etc., after revocation of written permission for its establishment. | Fifty thousand rupees | Ten thousand rupees |
118. | Section 392, sub-section (1) | Requisition for sanitary regulation of factories. | Twenty-five thousand rupees | Five thousand rupees |
119. | Section 393, sub-section (1) | Prohibition of use of steam whistle, etc., without permission. | One thousand rupees | Two hundred rupees |
120. | Section 394, sub-section (1) clauses (a) (ii) and (b) to (f) | Certain articles not to be kept and certain trades, processes and operations not to be carried on without licence. | Twenty-five thousand rupees | Five thousand rupees |
121. | Section 394, sub-section (6) | Licence to be kept on premises, board to be displayed indicating nature of articles kept or trade carried on and proper labels to be put on licensable articles. | Two thousand and five hundred rupees | Five hundred rupees |
122. | Section 395, sub-section (1) | Prohibition of corruption of water by chemicals, etc. | Twenty thousand rupees | Four thousand rupees |
123. | Section 397, sub-section (1) | Regulation of washing of clothes by washermen. | Two thousand rupees | Four hundred rupees |
124. | Section 401, sub-section (1) | Prohibition of sale in Municipal market without licence. | Two thousand and five hundred rupees | Five hundred rupees |
125. | Section 402, sub-section (2) | New private market not to be opened without sanction. | Fifty thousand rupees | Ten thousand rupees |
126. | Section 403, sub-section (1) | Private market or slaughter house not to be kept or permitted to be kept open without licence. | Ten thousand rupees | Two thousand rupees |
127. | Section 404 | Prohibition of sale in unauthorised private markets. | One thousand rupees | Two hundred fifty rupees |
128. | Section 405 | Requisition to pave and drain private market, buildings and slaughter houses. | Five thousand rupees | One thousand rupees |
129. | Section 406 | Regulations framed for markets and slaughter houses. | One thousand rupees | Two hundred and fifty rupees |
130. | Section 407A | Removal of cattle, sheep, goats or swine from any municipal slaughter-house market or premises. | One thousand rupees | Five hundred rupees. |
131. | Section 408, sub-section (2) | Regulations and table of stallage, fees and rents affixed in markets and slaughter houses not to be destroyed or defaced. | Five hundred rupees | One hundred rupees |
132. | Section 410, sub-section (1) | Prohibition of sale of animals, etc., except in a market. | Two thousand and five hundred rupees | Five hundred rupees |
133. | Section 411 | Butchers and persons who sell or supply flesh of animal to be licensed. | Ten thousand rupees | Two thousand rupees |
134. | Section 412A | Milk, butter, etc., not to be sold without a licence. | Two thousand and five hundred rupees | Five hundred rupees |
135. | Section 421 | Information to be given of existence of dangerous disease or continuous pyrexia of unknown origin by medical practitioners. | Five thousand rupees | One thousand rupees |
136. | Section 423, sub-section (2) | Prohibition of use for drinking of water likely to cause dangerous disease. | Five thousand rupees | One thousand rupees |
137. | Section 424. sub-section (2) | Direction to remove patients to hospital | Five thousand rupees One thousand rupees | |
138. | Section 425, sub-section (1) | Requisition to disinfect buildings. | Five thousand rupees | One thousand rupees |
139. | Section 426A, sub-section (1) | Second-hand clothing and bedding not to be brought into city without informing the Commissioner and getting them inspected. | Ten thousand rupees | Two thousand rupees |
140. | Section 426A, sub-section (4). | Second-hand clothing and bedding brought into city not to be dealt with or disposed of until a certificate by the Commissioner has been given. | Ten thousand rupees | Two thousand rupees |
141. | Section 427, sub-section (2) | Where a place for washing of infected articles has been appointed such articles not to be washed at places not so appointed. | Two thousand and five hundred rupees. | Five hundred rupees |
142. | Section 427, sub-section (3). | Direction to disinfect or destroy infected articles. | Two thousand and five hundred rupees. | Five hundred rupees |
143. | Section 428, sub-section (1) | Persons suffering from dangerous disease not to enter a public conveyance without notifying the same. | One thousand two hundred fifty rupees | Two hundred and fifty rupees |
144. | Section 430 | Provision as to carriage of persons suffering from dangerous disease in public conveyances. | Ten thousand rupees | Two thousand rupees |
145. | Section 431 | Public conveyance which has carried a person suffering from dangerous disease to be disinfected. | Ten thousand rupees. | Two thousand rupees |
146. | Section 432, sub-section (1) | Infected articles not to be transmitted, etc., without previous disinfection. | Ten thousand rupees. | Two thousand rupees |
147. | Section 433, sub-section (1) | Infected building not to be let without being first disinfected. | Ten thousand rupees. | Two thousand rupees |
148. | Section 435 | Places for the disposal of the dead to be registered. | Five thousand rupees. | One thousand rupees |
149. | Section 437 | New places for disposal of the dead not to be opened without permission. | Twenty-five thousand rupees | Five thousand rupees |
150. | Section 440, sub-section (1) | Prohibition of burials within places of worship and exhumations without permission. | Ten thousand rupees. | Two thousand rupees |
151. | Section 441 | Acts prohibited in connection with the disposal of the dead. | Five thousand rupees. | One thousand rupees |
152. | Section 446, sub-section (1) | Information of birth to be given within seven days. | Two thousand and five hundred rupees | Five hundred rupees |
153. | Section 447 | Information respecting finding of new-born child to be given. | Two thousand and five hundred rupees | Five hundred rupees |
154. | Section 449 | Information of death to be given at the time when the corpse of the deceased is disposed of. | Two thousand and five hundred rupees | Five hundred rupees |
155. | Section 450, sub-section (1) | Medical practitioner who attended a deceased person to certify the cause of death. | Two thousand and five hundred rupees | Five hundred rupees |
156. | Section 457 | Obligation to fill up blank schedules and returns. | One thousand rupees | Two hundred rupees |
157. | Section 459 | Military, naval and police officers and certain others if required, to act as enumerators. | One thousand rupees | Two hundred rupees |
158. | Section 469, sub-section (1) | Boards for exhibiting by-laws to be open to inspection. | One thousand rupees | Two hundred rupees |
159. | Section 469, sub-section (2) | Boards not to be injured or defaced, etc. | Five hundred rupees | One hundred rupees |
160. | Section 479, sub-section (5) | Grantee to be bound to produce licence or written permission | One thousand rupees | Two hundred rupees |
161. | Section 485A Sub-section (2) | Requisition to furnish information as to nature of interest in any premises. | One thousand rupees | Two hundred rupees |
162. | Section 507, sub-section (3) | Occupier of building or land to afford owner facilities for complying with provisions of this Act, etc., after eight days from issue of order by Chief Judge of Small Causes Court. | Ten thousand rupees | Two thousand rupees] |
472. Continuing offences.
Whoever, after having been convicted, of-
(a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of the following table, or of any regulation made thereunder, or
(b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses,continues to contravene the said provisions or to neglect to comply with try said requisition or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the third column of the said table subject however, to minimum daily fine which shall not be less than the amount mentioned, in the fourth column of the said table.
Explanation. – The entries in the second column of the said table headed “Subject” are not intended as definitions of the offences described in the sections, sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections, and clauses, but are inserted merely as references to the subject of the sections, sub-sections and clauses, the numbers of which are given in the first column.
Sr. No. | Section, sub-section or clause | Subject | Daily fine which may be imposed | Minimum daily fine which shall be imposed |
(1) | (2) | (3) | (4) | (5) |
1. | Section 223 sub-section (1) | Buildings, etc., not to be erected without permission over municipal drains. | One thousand rupees | Two hundred rupees |
2. | Section 229 | Connections with municipal drains, etc., not to be made except in conformity with section 227 or 228. | One thousand rupees | Two hundred rupees |
3. | Section 229A sub-section (1) | Buildings, etc., not to be erected without permission over any drain. | One thousand rupees | Two hundred rupees |
4. | Section 230A | Owner of land to allow to carry drains through the land. | Five hundred rupees | One hundred rupees |
5. | Section 231 | Requisition to enforce drainage of undrained premises situated within a hundred feet of a municipal drain. | Five hundred rupees | One hundred rupees |
6. | Section 232 | Requisition to enforce drainage of undrained premises not situated within a hundred feet of a municipal drain. | Five hundred rupees | One hundred rupees |
7. | Section 233, sub-section (1) clause (b) | Direction, limiting the use of drain or notice requiring the con struction of a distinct drain. | Five hundred rupees | One hundred rupees |
8. | Section 233A, clause (b) | Drain for sole use of property to be maintained in good repair, etc., by owner or occupier of property. | Five hundred rupees | One hundred rupees |
9. | Section 236 | Owners of drains to allow use or joint ownership thereof by others. | Five hundred rupees | One hundred rupees |
10. | Section 240 | Drains not to pass beneath buildings. | One thousand rupees | Two hundred rupees |
11. | Section 243, sub-section (2) | Requisition to cover or ventilate drain or cesspool. | Five hundred rupees | One hundred rupees |
12. | Section 248, sub-section (1) | Requisition to enforce the provision of privy accommodation, etc. | Five hundred rupees | One hundred rupees |
13. | Section 249 | Requisition to provide privy accommodation for factories, etc. | Two thousand rupees | Five hundred rupees |
14. | Section 249A | Requisition respecting unhealthy privies. | Two thousand rupees | Five hundred rupees |
15. | Section 250, sub-section (1) | Provisions to privies. | Five hundred rupees | One hundred rupees |
16. | Section 251 | Provision as to water closets | Five hundred rupees | One hundred rupees |
17. | Section 257 | Requisition to effect sanitary repairs, etc. | One thousand rupees | Two hundred rupees |
18. | Section 259A, sub-sections (1) and (4) | Provisions as to employment of licensed plumber and use of work. | Five thousand rupees | One thousand rupees |
19. | Section 259A, sub-sections (2) and (3). | Licensed plumber to give and sign certificate. | One thousand rupees | Two hundred rupees |
20. | Section 268, sub-section (1) | Building, etc., not to be erected over water main without permission. | One thousand rupees | Five hundred rupees |
21. | Section 270A | Premises not to he occupied without Commissioner’s certificate in respect of adequate water supply. | Five thousand rupees | One thousand rupees |
22. | Section 271, sub-section (2) | Requisition to obtain private water supply and to provide supply and distributing pipes, etc. | One thousand rupees | Two hundred rupees |
23. | Section 274 | Requisition to provide cisterns and fittings or means of access to any cisterns. | One thousand rupees | Two hundred rupees |
24. | Section 297 sub-section (3). | Buildings not to be constructed within the regular line of street without permission. | Ten thousand rupees | Three thousand rupees |
25. | Section 305 | Requisition as to levelling and draining of private streets. | One thousand rupees | Two hundred rupees |
26. | Section 312 sub-section (1) | Prohibition of structures or fixtures causing obstruction in streets | Two thousand rupees | Five hundred rupees |
27. | Section 313, sub-section (1) | Prohibition of deposit, etc., of things in streets. | Two thousand rupees | Five hundred rupees |
28. | Section 313A | Prohibition of hawking or expOsing for sale any article in a public place or street without a licence. | Five hundred rupees | One hundred rupees |
29. | Section 313B | Prohibition in a public place or street of use of skill in handicraft or in rendering services without licence. | Five hundred rupees | One hundred rupees |
30. | Section 315 | Requisition to remove structures or fixtures erected or set up before section 312 came into force. | One thousand rupees | Two hundred rupees |
31. | Section 322, sub-section (1) | Streets not to be opened or broken up and building materials not to be deposited thereon without permission. | Five thousand rupees | One thousand rupees |
32. | Section 323 | Precautions for public safety to be taken by persons to whom permission is granted under section 322. | Five thousand rupees | One hundred rupees |
33. | Section 324 sub-section (1) | Persons to whom permission is granted under section 322, must reinstate streets. | One thousand rupees | Two hundred rupees |
34. | Section 326 | Hoards to be set up during work on any building adjacent to a street. | Two thousand rupees | Five hundred rupees |
35. | Section 328, sub- section (1) | Sky-signs not to be erected or retained without permission. | One thousand rupees | Four hundred rupees |
36. | Section 328A, sub-section (1) | Advertisement on certain sites, vehicles, etc., not to be exhibited without permission. | One thousand rupees | Two hundred rupees |
37. | Section 329, sub-section (1) | Requisition to repair, protect or enclose dangerous place. | One thousand rupees | Five hundred rupees |
38. | Section 334, sub-section (1) | Requisition to alter situation of gas pipes, etc. | One thousand rupees | Two hundred rupees |
39. | Section 335, sub-section (1) | Building, etc., not to be erected without permission over municipal gas pipes. | One thousand rupees | Two hundred rupees |
40. | Section 347, sub-section (1) | Work not to be commenced without notice. | Fifteen thousand rupees | Three thousand rupees |
41. | Section 347B | Building or any part of a building originally constructed or authorised to be used for human habitation not to be used as a godown, etc., without permission. | Ten thousand rupees | Three thousand rupees |
42. | Section 347C | Budding originally constructed or authorised to be used for human habitation not to be altered without permission for the purpose of using it as a godown, etc. | Ten thousand rupees | Three thousand rupees |
43. | Section 349 | Roof and external walls of buildings not to be of inflammable material. | One thousand rupees | Two hundred rupees |
44. | Sections 349A and 349B | Provisions as to height of buildings | Ten thousand rupees | Two thousand rupees |
45. | Section 349C | Provisions as to height of frame buildings. | Ten thousand rupees | Two thousand rupees |
46. | Section 349D | Alteration and provision of staircases to allow safe exit in the event of fire. | Two thousand rupees | Five hundred rupees |
47. | Section 353A | Provision as to completion certificates; permission to occupy or use. | Ten thousand rupees | Two thousand rupees |
48. | Section 354AA, sub-section (7) | Erection or re-erection of any building in contravention of the declaration. | Ten thousand rupees | Two thousand rupees |
49. | Section 354RK, sub-section (8) | Construction or re-construction of building within any re-development area without permission. | Ten thousand rupees | Three thousand rupees |
50. | Section 358 | Licensed plumber to be bound to execute work properly. | One thousand rupees | Two hundred rupees |
51. | Section 368, sub-sections (1), (2), (3), (4) and (5). | Collection, removal and deposit of refuse and provision of receptacles. | One thousand rupees | Two hundred rupees |
52. | Section 372 | Provision to removal of refuse. | One thousand rupees | Two hundred rupees |
53. | Section 375 | Requisition to cleanse and lime- wash building. | Five hundred rupees | One hundred rupees |
54. | Section 375A | Requisition to remove building materials, etc., from any premises. | One thousand rupees | Two hundred rupees |
55. | Section 377 | Requisition to cleanse, etc., the neglected premises. | Five hundred rupees | One hundred rupees |
56. | Section 377A sub- sections (1) and (2) | Requisition to abate or to prevent recurrence of leakage in the roofs of buildings. | Two thousand rupees | Five hundred rupees |
57. | Section 379 | Owner or occupier of house to give statement of accommodation within seven days of receipt of notice. | Two thousand rupees | Five hundred rupees |
58. | Section 379A sub-section (1) | Requisition by Metropolitan Magistrate to abate over crowding. | Two thousand rupees | Four hundred rupees |
59. | Section 379A, sub-section (3) | Requisition by owner pursuant to order under sub-section (1) | Two thousand rupees | Four hundred rupees |
60. | Section 380 | Requisition to remove or alter insanitary hut. | Five hundred rupees | One hundred rupees |
61. | Section 381 | Requisition to fill in pools, etc., which are nuisance. | Two thousand rupees | Five hundred rupees |
62. | Section 381-A, sub-section (2) | Requisition to fill in or demolish well, etc. | Two thousand rupees | Five hundred rupees |
63. | Section 381-B | Prohibition of mosquito-breeeding in collection of water on any land. | Two thousand rupees | Five hundred rupees |
64. | Section 382 | Requisition to discontinue dangerous quarrying | Ten thousand rupees | Two thousand rupees |
65. | Section 383, sub-section (1). | Requisition to remove or trim trees, shrubs or hedges. | Five hundred rupees | One hundred rupees |
66. | Section 384, sub-section (1) | Prohibition as to the keeping of animals. | One thousand rupees | Two hundred rupees |
67. | Section 384-A | Requisition to discontinue, etc. stabling animals in dwelling houses. | Two thousand rupees | Five hundred rupees |
68. | Section 390, sub-section (1) | Prohibition of working of factory, etc., established without written permission. | Fifty thousand rupees, | Ten thousand rupees |
69. | Section 390, sub-section (3) | Prohibition of continuance or resumption of working of factory, etc., after revocation of written permission for its establishment. | Fifty thousand rupees, | Ten thousand rupees |
70. | Section 392, sub-section (1) | Requisition for sanitary regulation of factories, etc. | Ten thousand rupees, | Three thousand rupees |
71. | Section 394, sub-section (1), clauses (a)(ii) and (b) to (f) | Certain articles not to be kept and certain trades, processes and operations not be carried on, without licence. | Twenty thousand rupees | Four thousand rupees |
72. | Section 394, sub-section (b) | Licence to be kept on the premises, board to be displayed indicating nature of articles kept or trade carried on and proper labels to be put on articles, etc. | Two thousand rupees | Five hundred rupees |
73. | Section 395, sub-section (1) | Prohibition of corruption of water by chemicals, etc. | Fifty thousand rupees | Ten thousand rupees |
74. | Section 397, sub-section (1) | Regulation of washing of clothes by washermen. | One thousand rupees | Two hundred rupees |
75. | Section 403, sub-section (1) | Private markets not to be kept or permitted to be kept open and no place to be used or permitted to be used as slaughter house, without licence. | Five thousand rupees | One thousand rupees |
76. | Section 405 | Requisition to pave and drain private market buildings, and slaughter houses. | Five thousand rupees | One thousand rupees |
77. | Section 411 | Butchers and persons who sell or supply the flesh of animals to be licensed | One thousand rupees | Two hundred rupees |
78. | Section 412A | Milk, butter, etc., not to be sold without a licence. | One thousand rupees | Two hundred rupees |
79. | Section 425, sub-section (1) | Requisition to disinfect buildings | One thousand rupees | Two hundred rupees |
80. | Section 426A, sub-section (1) | Second-hand clothing and bedding not to be brought into city without informing the Commissioner and getting them inspected. | Ten thousand rupees | Two thousand rupees |
81. | Section 426A sub-section (4) | Second-hand clothing and bedding brought into city not to be dealt with or disposed of until a certificate by the Commissioner has been given. | Ten thousand rupees | Two thousand rupees |
82. | Section 479, sub-section (5) | Grantee to be bound to produce licence or written permission | One thousand rupees | Two hundred rupees |
83. | Section 485A, sub-section (2) | Requisition to furnish information as to nature of interest in any premises. | One thousand rupees | Two hundred rupees |
84. | Section 507, sub-section (3) | Occupier of building or land to afford facilities to the owner for complying with provisions of this Act, etc., after eight days from issue of order by the Chief Judge, Small Causes Court. | Five thousand rupees | One thousand rupees.] |
473. Offences punishable under the Penal Code.
Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act hereinbelow in this section mentioned or of any regulation made thereunder, and whoever fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the sections of the Indian Penal Code hereinbelow in this section respectively specified as the section of the said Code under which such person shall be punishable, namely:
Sections of this Act | Sections of the Indian Penal Code under which offenders are punishable | |||
28, clause(j) | .. | .. | .. | 177. |
155, sub-sections (1) and (2), 187 | .. | .. | .. | 176 or 177, as the case may be. |
388, clauses (a), (b), (c) and (d), 389 | .. | .. | .. | 277. |
434, sub-section (1) | .. | .. | .. | 188. |
473A- Punishment for offences of preparing false election rolls or making false entries in ward lists. – Any officer or servant of the Corporation who knowingly prepares or makes an entry in the list of persons qualified to be enrolled which is incorrect or false shall, on conviction, be punishable with imprisonment of either description which may extend to six months or with fine which may extend to Rs. 500.
474- Punishment for acquiring share or interest in contract etc., with the corporation. – Any councillor who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the corporation, not being a share or interest such as, under section 16, it is permissible for a councillor to have, without being thereby disqualified for being a councillor, and any commissioner, Director, Deputy Commissioner, municipal officer or servant who knowingly acquires directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the corporation, not being a share or interest such as, under clauses (h) and (k) of section 16, it is permissible for a councillor to have, without being thereby disqualified for being a councillor, shall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code.
474A- Penalty for obstructing lawful exercise of powers under Chapter V-A. – Any person who obstructs the lawful exercise of any power conferred by or under Chapter. V-A, shall, on conviction, be punished with fine which may extend to two thousand rupees, subject however, to a minimum fine which shall not be less than one thousand rupees.
475- Punishment of offences against section 267 – (1) Whoever, contravenes any provision of sub-section (1) of section 267 shall be punished with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(2) When any person is convicted under sub-section (1), the Magistrate who convicts him may order the immediate removal of any building or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held.
(3) If any order made under sub-section (2) is disobeyed or the execution thereof resisted, the offender shall be punished with imprisonment which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
475A- Punishment for commencing work contrary to section 347. – (1) A person to whom notice under section 351 and 354 is served shall, on his failure to comply with the said notice,-
(a) for restoration of the foundation, plinth or floor, or structural members or load bearing walls, thereby endangering the life and property of any person occupying, resorting to or passing by such building or any other building or place in neighbourhood thereof, shall be punished with imprisonment for a term which shall not be less than three months but which may extend upto three years and with a fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees; and in the case of a continuing offence with a further daily fine which may extend to one thousand rupees; or
(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 in the case of continuing offence with a further daily fine which may extend to five hundred rupees.
475B- Punishment for failure to take action under section 351 or 354A. – Where it has been brought to the notice of. the Designated Officer that erection of any building or execution of any such work as is described in section 342, is commenced contrary to the provisions of section 342 or 347 or is otherwise unlawfully commenced or is being unlawfully carried on and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 351 or 354A, 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.
475C- Compounding of certain offences. – (1) The Commissioner may, by general or special order, either before or after institution of the proceedings, compound any offence made punishable under section 475A.
(2) When an offence has been compounded under sub-section (1), no further proceedings shall be taken against the accused person in respect of the offence compounded and any proceedings if already taken, shall stand abated, and the accused person, fin custody, shall be discharged.
476- Punishment of offences against section 391. – Whoever contravenes any provision of section 391, whether the person so offending be the owner or occupier of the premises in which a furnace is situated or the agent or some person employed by the owner or occupier for managing the same, shall be punished with fine which may extend, on a first conviction, to five hundred rupees, subject, however, to a minimum fine which shall not be less than two hundred rupees and, on a second or subsequent conviction, to a sum equal to double the amount to which it might have extended on the last preceding conviction.
476AA- Punishment for keeping certain dangerous articles without licence in prohibited areas. – Whoever contravenes clause (a)(i) of sub-section (1) of section 394 or section 394A shall, on conviction, be punished with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary mentioned in the judgment of Court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees.
476AB- Punishment for forfeiture of articles for contravention of section 394(1)(a) or 394A. – When a person is convicted of an offence of contravention of any provisions of clause (a) of sub-section (1) of section 394 or of section 394A the Court may, in addition to any other punishment it may impose, direct that the articles in respect of which the offence has been committed shall, with the receptacles containing the same, be forfeited.
476A- Punishment for using or permitting to be used without licence any place in or without Brihan Mumbai as slaughter house. – Whoever contravenes any provisions of clause (b) or (c) of sub-section (1) of section 433 shall, on conviction, be punished,
(a) for a first offence, with fine which may extend to two thousand rupees;
(b) for a second and subsequent offence, with imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees;
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than two months and such fine shall not be less than four hundred rupees.
476B- Punishment for importing cattle, etc. in Brihan Mumbai. – Whoever contravenes any provisions of sub-section (1) of section 412 shall, on conviction, be punished,
(a) for a first offence, with fine which may extend to rupees two hundred;
(b) for a second and subsequent offence, with imprisonment for a term which may extend to one year and fine which may extend to two thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than two months and such fine shall not be less than four hundred rupees.
477- Extent of penal responsibility of agents and trustees of owners. – No person, who receives the rent of any premises in any capacity described in sub-clauses (i), (ii) and (iii) of clause (m) of section 3, shall be liable to any penalty under this Act for omitting to do and act as the owner of such premises if he shall prove that his default was caused by his not having funds of, or due to the owner sufficient to defray the cost of doing the act required.