CIVIL

Offences and Penalties under Mumbai Municipal Corporation Act 1888

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 clauseSubjectFine which may be imposedMinimum fine which shall be imposed
(1)(2)(3)(4)(5)
1.Section 149Notice to be given of transfer of titleTwo thousand rupeesFive hundred rupees
2.Section 150Requisition to produce instrument of transferTwo thousand rupeesFive hundred rupees
3.Section 152Notice to be given of the erection of new building, etc.Two thousand rupeesFive hundred rupees
4.Section 191A, sub-section (3)Return to be forwarded by an owner or person in charge of a dog.One thousand rupeesTwo hundred fifty rupees
5.Section 191HReturn to be submitted by person liable to theatre tax.Two thousand and Five hundred rupeesFive hundred rupees
6.Section 223, sub-section (1)Building, etc., not to be erected without permission over drains.Five thousand rupeesOne thousand rupees
7.Section 229Connections, with municipal drains, etc., not to be made except in conformity with section 227 or 228.Five thousand rupeesOne thousand rupees
8.Section 229A, sub-section (1)Buildings, etc., not to be erected without permission over drainsFive thousand rupeesOne thousand rupees
9.Section 230AOwner of land to allow others to carry drains through the land.Two thousand and Five hundred rupeesFive hundred rupees
10.Section 231Requisition to enforce drainage of undrained premises situated within a hundred feet of a municipal drainTwo thousand and Five hundred rupeesFive hundred rupees
11.Section 232Requisition to enforce drainage of undrained premises not situated within a hundred feet of a Municipal drain.Two thousand and Five hundred rupeesFive 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 rupeesFive 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 rupeesFive hundred rupees
14.Section 234New buildings not to be erected without drains.Fine not to be exceed five thousand rupees….
15.Section 235Excrementitious matter not to be passed into cesspool.Five thousand rupeesOne thousand rupees
16.Section 236Owners of drains to allow use thereof, or joint ownership therein, to others,Two thousand and five hundred rupeesFifty hundred rupees
17.Section 240Drains not to pass beneath buildings.Ten thousand rupeesTwo thousand rupees
18.Section 241Provisions as to position of cesspools.Ten thousand rupeesTwo thousand rupees
19.Section 243, sub-section (2)Requisition to cover or ventilate drain or cesspool.Two thousand and five hundred rupeesFive 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 rupeesTwo thousand rupees
21.Section 247Buildings newly erected or re-erected to be provided with water closet and other accommodation.Ten thousand rupeesTwo thousand rupees
22.Section 248, sub-section (1)Requisition to enforce provision of privy accommodation, etc.Ten thousand rupeesTwo thousand rupees
23.Section 249Requisition to provide privy accommodation for factories, etc.Ten thousand rupeesFive thousand rupees
24.Section 249ARequisition respecting unhealthy privies.Ten thousand rupeesTwo thousand rupees
25.Section 250, sub-section (1).Provisions as to privies.Two thousand rupeesFive hundred rupees
26.Section 251, provisoProvisions as to water closetsTwo thousand rupeesFive hundred rupees
27.Section 251AProvisions as to privies and water-closetsTen thousand rupeesTwo thousand and five hundred rupees
28.Section 251BProvisions as to use of places for bathing or washing clothes or domestic utensils.Two thousand and five hundred rupeesFive hundred rupees
29.Section 257Requisition to effect sanitary repairs etc.Two thousand and five hundred rupeesFive hundred rupees
30.Section 259A, sub-sections (1) and (4)Provisions as to employment of licensed plumber and use of workTen thousand rupeesTwo thousand rupees
31.Section 259A, sub-sections (2) and (3)Licensed plumber to give and sign certificate.Two thousand and five hundred rupeesFive hundred rupees
32.Section 268, sub-section (1)Building, etc., not to be erected over water main without permission.Five thousand rupeesOne 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 rupeesFive 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 rupeesOne thousand rupees
35.Section 270APremises not to be occupied without Commissioner’s certificate in respect of adequate water supply.Ten thousand rupeesTwo thousand rupees
36.Section 271, sub-section (2)Requisition to obtain private water supply and to provide supply and distributing pipes, etc.Ten thousand rupeesTwo thousand rupees
37.Section 272, sub-section (1)Provisions as to making and renewing of connections with municipal water works.Ten thousand rupeesTwo thousand rupees
38.Section 272, sub-section (5)Provision as to unauthorised connections with municipal water works, etc.Two thousand and five hundred rupeesFive hundred rupees
39.Section 274Requisition to provide cistern and putting of means of access to any cistern.Two thousand and five hundred rupeesFive hundred rupees
40.Section 274ARequisition to provide for keeping cisterns locked.Two thousand and five hundred rupeesFive hundred rupees
41.Section 275Supply or distributing pipes, etc., to be kept in efficient repair by owner or occupier of premises.Two thousand and five hundred rupeesOne thousand rupees
42.Section 278, sub-section (2)Requisition to remedy defect in meter (supply or distributing pipes), etc.Five thousand rupeesFive hundred rupees
43.Section 280Conditions as to use of water not to be contravened.Five thousand rupeesOne thousand rupees
44.Section 282Prohibition of fraudulent and unauthorised use of waterFive thousand rupeesOne thousand rupees
45.Section 2878 sub-section (1)Work under Chapter X to be done by licensed plumberTen thousand rupeesTwo thousand rupees
46.Section 287B sub-section (2)Name of licensed plumber to be furnished.One thousand rupeesTwo hundred and fifty rupees
47.Section 297, sub-section (3)Construction of building, within the regular line of street without permission.Twenty-five thousand rupeesFive 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 rupeesFive thousand rupees
49.Section 305Requisition as to levelling and draining of private streets.Five thousand rupeesOne thousand rupees
50.Section 308, sub-section (1)Prohibition of projections upon streets, etc.Ten thousand rupeesTwo thousand rupees
51.Section 308, sub-section (2)Requisition to remove the same.Ten thousand rupeesTwo 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 rupeesTwo thousand rupees
53.Section 311Ground floor doors, etc., not to open outwards on streets.One thousand rupeesTwo hundred rupees
54.Section 312 sub-section (1)Prohibition of structures or fixtures causing obstruction in streets.Ten thousand rupeesTwo thousand rupees
55.Section 313, sub-section (1)Prohibition of deposits, etc., of things in streets.Two thousand rupeesTwo hundred and fifty rupees
56.Section 313AProhibition of hawking articles for sale in a public place or street without a licence.Two thousand and five hundred rupeesFive hundred rupees
57.Section 313BProhibition in a public place or street, of use of skill in handicraft or in rendering services without licence.Two thousand and five hundred rupeesFive hundred rupees
58.Section 315Requisition to remove structures or fixtures erected or set up before section 312 came into force.Five thousand rupeesOne thousand rupees
59.Section 316, sub-section (1)Prohibition of the tethering of animals in public streets.One thousand rupeesTwo hundred rupees
60.Section 319, sub-section (2)Direction to close street in which work is in progress.Two thousand and five hundred rupeesFive 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 rupeesFive 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 rupeesFive hundred rupees
63.Section 323Precautions for public safety to be taken by persons to whom permission is granted under section 322.Two thousand and five hundred rupeesFive 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 rupeesFive hundred rupees
65.Section 325Provision to be made by persons to whom permission is granted under section 322 for traffic, etc., when their works interrupt.Ten thousand rupeesTwo thousand rupees
66.Section 326Hoards to be set up during work on any building adjacent to a street.Two thousand and five hundred rupeesFive 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 rupeesTwo hundred rupees
68.Section 328, sub-section (1)Skysigns not to be erected or retained without permission.Five thousand rupeesOne thousand rupees
69.Section 328A, sub-section (1)Advertisements on certain sites, vehicles, etc., not to be exhibited without permission.Five thousand rupeesOne thousand rupees
70.Section 329, sub-section (1)Requisition to repair, protect or enclose dangerous place.Two thousand and five hundred rupeesFive hundred rupees
71.Section 331Prohibition of removal etc., of lamps.Five thousand rupeesOne thousand rupees
72.Section 333, sub-sections (1), (2) and (3)Provision as to manner of laying gas-pipes.Ten thousand rupeesTwo thousand rupees
73.Section 334, sub-section (1)Requisition to alter situation of gas-pipes, etc.One thousand rupeesTwo hundred rupees
74.Section 335, sub-section (1)Buildings, etc., not to be erected without permission over municipal gas-pipes.Five thousand rupeesOne thousand rupees
75.Section 344AProvision for supervision of buildings and works.Ten thousand rupees….
76.Section 347, sub-section (1)Work not to be commenced without notice.Fifty thousand rupeesTen thousand rupees
77.Section 347ABuilding not to be converted to other purposes without the permission of the Commissioner.Ten thousand rupees….
78.Section 347BBuilding 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 rupeesFive thousand rupees
79.Section 347CBuilding 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 rupeesFive thousand rupees
80.Section 349Roofs and external wails of buildings not to be made of inflammable articles.Twenty thousand rupeesFour hundred rupees
81.Section 349A and 3498Provision as to height of buildings.Twenty thousand rupeesFour thousand rupees
82.Section 349CProvision as to height of frame buildings.Fifty thousand rupeesTen thousand rupees
83.Section 349DAlteration and provision of staircase to allow safe exit in the event of fire.Twenty thousand rupeesFour thousand rupees
84.Section 353Provision for enforcement of provisions concerning buildings and walls.Fifty thousand rupeesTen thousand rupees
85.Section 353AProvision as to completion certificatesTwenty-five thousand rupeesFive thousand rupees
85A.Section 353BProvisions as to Structural Stability CertificateTwenty-five thousand rupees or the amount equal to property tax of the building, fora period of one year. whichever is higherTwenty-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 rupeesFour hundred rupees
87.Section 354RK sub-section (8)Construction or re-construction of building within any re-development area without permission.Ten thousand rupeesTwo thousand rupees
88.Section 356Regulations prescribed for licensed surveyors and plumbers.One thousand rupeesTwo hundred rupees
89.Section 357Licensed plumber not to demand or receive more than the prescribed fee.One thousand rupeesTwo hundred rupees
90.Section 358Licensed plumber to be bound to execute work properly.One thousand rupeesTwo hundred rupees
91.Section 368 Sub-sections (1), (2), (3) and (4)Collection removal and deposit of refuse and provision of receptacles.Ten thousand rupeesTwo hundred and fifty rupees
92.Section 370Collection, and removal of excrementitious and polluted matter to be provided for by occupier in certain cases.One thousand rupeesTwo hundred and fifty rupees
93.Section 371Halalkhore’s duties in certain cases not to be discharged by private individuals without permission.Five hundred rupeesOne hundred rupees
94.Section 372, clauses (a), (b), (C), (d), (e)and (f).Provision as to removal of refuse.Two thousand and five hundred rupeesFive hundred rupees
95.Section 372, clause (g)Provision as to removal and skinning of carcasses.Five thousand rupeesOne thousand rupees
96.Section 375Requisition to cleanse and lime wash building.Five thousand rupeesOne thousand rupees
97.Section 375ARequisition to remove building materials, etc., from any premises.Five thousand rupeesOne thousand rupees
98.Section 376Prohibition of nuisance, in unoccupied or abandoned premises.Five thousand rupeesOne thousand rupees
99.Section 377Requisition to cleanse, etc., neglected premises.Five thousand rupeesOne 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 rupeesFive hundred rupees
101.Section 378, sub-section (2)Provision as to buildings unfit for human habitation.Five thousand rupeesOne thousand rupees
102.Section 379Owner or occupier of a house within seven days of receipt of notice, to give statement of accommodation.Five thousand rupeesOne thousand rupees
103.Section 379A, sub-section (1)Requisition by Metropolitan Magistrate to abate overcrowding.Two thousand rupeesFour hundred rupees
104.Section 379A, sub-section (3)Requisition by owner pursuant to order under sub-section (1).Two thousand rupeesFour hundred rupees
105.Section 380Requisition to remove or alter insanitary huts.Two thousand and five hundred rupeesFive hundred rupees
106.Section 381Requisition to fill in pools, etc., which are a nuisance.Ten thousand rupeesTwo thousand rupees
107.Section 381A, sub-section (1)Digging or constructing well, etc., without permission.Five thousand rupeesTwo thousand rupees
108.Section 381A sub-section (2)Requisition to fill in or demolish well, etc.Ten thousand rupeesTwo thousand rupees
109.Section 381BProhibitions of mosquito breeding in collection of water on any land.Ten thousand rupeesTwo thousand rupees
110.Section 382Requisition to discontinue dangerous quarryingTen thousand rupeesTwo thousand rupees
111.Section 383 sub-section (1)Requisition to remove or trim trees, shrubs or hedges.One thousand rupeesTwo hundred rupees
112.Section 384, sub-section (1)Prohibitions as to keeping of animals.Two thousand and five hundred rupeesFive hundred rupees
113.Section 384ARequisition to discontinue, etc., stabling animals or storing grains, etc., in dwelling house.Two thousand and five hundred rupeesFive 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 rupeesOne hundred rupees
115.Section 388, clauses (e), (f) and (g)Prohibition of bathing, etc., contrary to order or regulation.Five thousand rupeesTwo hundred fifty rupees
116.Section 390, sub-section (1)Factory, etc., not to be newly established or worked without permission.Fifty thousand rupeesTen 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 rupeesTen thousand rupees
118.Section 392, sub-section (1)Requisition for sanitary regulation of factories.Twenty-five thousand rupeesFive thousand rupees
119.Section 393, sub-section (1)Prohibition of use of steam whistle, etc., without permission.One thousand rupeesTwo 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 rupeesFive 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 rupeesFive hundred rupees
122.Section 395, sub-section (1)Prohibition of corruption of water by chemicals, etc.Twenty thousand rupeesFour thousand rupees
123.Section 397, sub-section (1)Regulation of washing of clothes by washermen.Two thousand rupeesFour hundred rupees
124.Section 401, sub-section (1)Prohibition of sale in Municipal market without licence.Two thousand and five hundred rupeesFive hundred rupees
125.Section 402, sub-section (2)New private market not to be opened without sanction.Fifty thousand rupeesTen 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 rupeesTwo thousand rupees
127.Section 404Prohibition of sale in unauthorised private markets.One thousand rupeesTwo hundred fifty rupees
128.Section 405Requisition to pave and drain private market, buildings and slaughter houses.Five thousand rupeesOne thousand rupees
129.Section 406Regulations framed for markets and slaughter houses.One thousand rupeesTwo hundred and fifty rupees
130.Section 407ARemoval of cattle, sheep, goats or swine from any municipal slaughter-house market or premises.One thousand rupeesFive 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 rupeesOne hundred rupees
132.Section 410, sub-section (1)Prohibition of sale of animals, etc., except in a market.Two thousand and five hundred rupeesFive hundred rupees
133.Section 411Butchers and persons who sell or supply flesh of animal to be licensed.Ten thousand rupeesTwo thousand rupees
134.Section 412AMilk, butter, etc., not to be sold without a licence.Two thousand and five hundred rupeesFive hundred rupees
135.Section 421Information to be given of existence of dangerous disease or continuous pyrexia of unknown origin by medical practitioners.Five thousand rupeesOne thousand rupees
136.Section 423, sub-section (2)Prohibition of use for drinking of water likely to cause dangerous disease.Five thousand rupeesOne thousand rupees
137.Section 424. sub-section (2)Direction to remove patients to hospitalFive thousand rupees One thousand rupees
138.Section 425, sub-section (1)Requisition to disinfect buildings.Five thousand rupeesOne 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 rupeesTwo 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 rupeesTwo 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 rupeesTwo hundred and fifty rupees
144.Section 430Provision as to carriage of persons suffering from dangerous disease in public conveyances.Ten thousand rupeesTwo thousand rupees
145.Section 431Public 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 435Places for the disposal of the dead to be registered.Five thousand rupees.One thousand rupees
149.Section 437New places for disposal of the dead not to be opened without permission.Twenty-five thousand rupeesFive 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 441Acts 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 rupeesFive hundred rupees
153.Section 447Information respecting finding of new-born child to be given.Two thousand and five hundred rupeesFive hundred rupees
154.Section 449Information of death to be given at the time when the corpse of the deceased is disposed of.Two thousand and five hundred rupeesFive 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 rupeesFive hundred rupees
156.Section 457Obligation to fill up blank schedules and returns.One thousand rupeesTwo hundred rupees
157.Section 459Military, naval and police officers and certain others if required, to act as enumerators.One thousand rupeesTwo hundred rupees
158.Section 469, sub-section (1)Boards for exhibiting by-laws to be open to inspection.One thousand rupeesTwo hundred rupees
159.Section 469, sub-section (2)Boards not to be injured or defaced, etc.Five hundred rupeesOne hundred rupees
160.Section 479, sub-section (5)Grantee to be bound to produce licence or written permissionOne thousand rupeesTwo hundred rupees
161.Section 485A Sub-section (2)Requisition to furnish information as to nature of interest in any premises.One thousand rupeesTwo 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 rupeesTwo 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 clauseSubjectDaily fine which may be imposedMinimum 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 rupeesTwo hundred rupees
2.Section 229Connections with municipal drains, etc., not to be made except in conformity with section 227 or 228.One thousand rupeesTwo hundred rupees
3.Section 229A sub-section (1)Buildings, etc., not to be erected without permission over any drain.One thousand rupeesTwo hundred rupees
4.Section 230AOwner of land to allow to carry drains through the land.Five hundred rupeesOne hundred rupees
5.Section 231Requisition to enforce drainage of undrained premises situated within a hundred feet of a municipal drain.Five hundred rupeesOne hundred rupees
6.Section 232Requisition to enforce drainage of undrained premises not situated within a hundred feet of a municipal drain.Five hundred rupeesOne 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 rupeesOne 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 rupeesOne hundred rupees
9.Section 236Owners of drains to allow use or joint ownership thereof by others.Five hundred rupeesOne hundred rupees
10.Section 240Drains not to pass beneath buildings.One thousand rupeesTwo hundred rupees
11.Section 243, sub-section (2)Requisition to cover or ventilate drain or cesspool.Five hundred rupeesOne hundred rupees
12.Section 248, sub-section (1)Requisition to enforce the provision of privy accommodation, etc.Five hundred rupeesOne hundred rupees
13.Section 249Requisition to provide privy accommodation for factories, etc.Two thousand rupeesFive hundred rupees
14.Section 249ARequisition respecting unhealthy privies.Two thousand rupeesFive hundred rupees
15.Section 250, sub-section (1)Provisions to privies.Five hundred rupeesOne hundred rupees
16.Section 251Provision as to water closetsFive hundred rupeesOne hundred rupees
17.Section 257Requisition to effect sanitary repairs, etc.One thousand rupeesTwo hundred rupees
18.Section 259A, sub-sections (1) and (4)Provisions as to employment of licensed plumber and use of work.Five thousand rupeesOne thousand rupees
19.Section 259A, sub-sections (2) and (3).Licensed plumber to give and sign certificate.One thousand rupeesTwo hundred rupees
20.Section 268, sub-section (1)Building, etc., not to be erected over water main without permission.One thousand rupeesFive hundred rupees
21.Section 270APremises not to he occupied without Commissioner’s certificate in respect of adequate water supply.Five thousand rupeesOne thousand rupees
22.Section 271, sub-section (2)Requisition to obtain private water supply and to provide supply and distributing pipes, etc.One thousand rupeesTwo hundred rupees
23.Section 274Requisition to provide cisterns and fittings or means of access to any cisterns.One thousand rupeesTwo hundred rupees
24.Section 297 sub-section (3).Buildings not to be constructed within the regular line of street without permission.Ten thousand rupeesThree thousand rupees
25.Section 305Requisition as to levelling and draining of private streets.One thousand rupeesTwo hundred rupees
26.Section 312 sub-section (1)Prohibition of structures or fixtures causing obstruction in streetsTwo thousand rupeesFive hundred rupees
27.Section 313, sub-section (1)Prohibition of deposit, etc., of things in streets.Two thousand rupeesFive hundred rupees
28.Section 313AProhibition of hawking or expOsing for sale any article in a public place or street without a licence.Five hundred rupeesOne hundred rupees
29.Section 313BProhibition in a public place or street of use of skill in handicraft or in rendering services without licence.Five hundred rupeesOne hundred rupees
30.Section 315Requisition to remove structures or fixtures erected or set up before section 312 came into force.One thousand rupeesTwo 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 rupeesOne thousand rupees
32.Section 323Precautions for public safety to be taken by persons to whom permission is granted under section 322.Five thousand rupeesOne hundred rupees
33.Section 324 sub-section (1)Persons to whom permission is granted under section 322, must reinstate streets.One thousand rupeesTwo hundred rupees
34.Section 326Hoards to be set up during work on any building adjacent to a street.Two thousand rupeesFive hundred rupees
35.Section 328, sub- section (1)Sky-signs not to be erected or retained without permission.One thousand rupeesFour hundred rupees
36.Section 328A, sub-section (1)Advertisement on certain sites, vehicles, etc., not to be exhibited without permission.One thousand rupeesTwo hundred rupees
37.Section 329, sub-section (1)Requisition to repair, protect or enclose dangerous place.One thousand rupeesFive hundred rupees
38.Section 334, sub-section (1)Requisition to alter situation of gas pipes, etc.One thousand rupeesTwo hundred rupees
39.Section 335, sub-section (1)Building, etc., not to be erected without permission over municipal gas pipes.One thousand rupeesTwo hundred rupees
40.Section 347, sub-section (1)Work not to be commenced without notice.Fifteen thousand rupeesThree thousand rupees
41.Section 347BBuilding 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 rupeesThree thousand rupees
42.Section 347CBudding 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 rupeesThree thousand rupees
43.Section 349Roof and external walls of buildings not to be of inflammable material.One thousand rupeesTwo hundred rupees
44.Sections 349A and 349BProvisions as to height of buildingsTen thousand rupeesTwo thousand rupees
45.Section 349CProvisions as to height of frame buildings.Ten thousand rupeesTwo thousand rupees
46.Section 349DAlteration and provision of staircases to allow safe exit in the event of fire.Two thousand rupeesFive hundred rupees
47.Section 353AProvision as to completion certificates; permission to occupy or use.Ten thousand rupeesTwo thousand rupees
48.Section 354AA, sub-section (7)Erection or re-erection of any building in contravention of the declaration.Ten thousand rupeesTwo thousand rupees
49.Section 354RK, sub-section (8)Construction or re-construction of building within any re-development area without permission.Ten thousand rupeesThree thousand rupees
50.Section 358Licensed plumber to be bound to execute work properly.One thousand rupeesTwo 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 rupeesTwo hundred rupees
52.Section 372Provision to removal of refuse.One thousand rupeesTwo hundred rupees
53.Section 375Requisition to cleanse and lime- wash building.Five hundred rupeesOne hundred rupees
54.Section 375ARequisition to remove building materials, etc., from any premises.One thousand rupeesTwo hundred rupees
55.Section 377Requisition to cleanse, etc., the neglected premises.Five hundred rupeesOne 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 rupeesFive hundred rupees
57.Section 379Owner or occupier of house to give statement of accommodation within seven days of receipt of notice.Two thousand rupeesFive hundred rupees
58.Section 379A sub-section (1)Requisition by Metropolitan Magistrate to abate over crowding.Two thousand rupeesFour hundred rupees
59.Section 379A, sub-section (3)Requisition by owner pursuant to order under sub-section (1)Two thousand rupeesFour hundred rupees
60.Section 380Requisition to remove or alter insanitary hut.Five hundred rupeesOne hundred rupees
61.Section 381Requisition to fill in pools, etc., which are nuisance.Two thousand rupeesFive hundred rupees
62.Section 381-A, sub-section (2)Requisition to fill in or demolish well, etc.Two thousand rupeesFive hundred rupees
63.Section 381-BProhibition of mosquito-breeeding in collection of water on any land.Two thousand rupeesFive hundred rupees
64.Section 382Requisition to discontinue dangerous quarryingTen thousand rupeesTwo thousand rupees
65.Section 383, sub-section (1).Requisition to remove or trim trees, shrubs or hedges.Five hundred rupeesOne hundred rupees
66.Section 384, sub-section (1)Prohibition as to the keeping of animals.One thousand rupeesTwo hundred rupees
67.Section 384-ARequisition to discontinue, etc. stabling animals in dwelling houses.Two thousand rupeesFive 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 rupeesFour 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 rupeesFive hundred rupees
73.Section 395, sub-section (1)Prohibition of corruption of water by chemicals, etc.Fifty thousand rupeesTen thousand rupees
74.Section 397, sub-section (1)Regulation of washing of clothes by washermen.One thousand rupeesTwo 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 rupeesOne thousand rupees
76.Section 405Requisition to pave and drain private market buildings, and slaughter houses.Five thousand rupeesOne thousand rupees
77.Section 411Butchers and persons who sell or supply the flesh of animals to be licensedOne thousand rupeesTwo hundred rupees
78.Section 412AMilk, butter, etc., not to be sold without a licence.One thousand rupeesTwo hundred rupees
79.Section 425, sub-section (1)Requisition to disinfect buildingsOne thousand rupeesTwo 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 rupeesTwo 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 rupeesTwo thousand rupees
82.Section 479, sub-section (5)Grantee to be bound to produce licence or written permissionOne thousand rupeesTwo hundred rupees
83.Section 485A, sub-section (2)Requisition to furnish information as to nature of interest in any premises.One thousand rupeesTwo 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 rupeesOne 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 ActSections 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.

Categories: CIVIL