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Section 88: Board to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall.

The Maharashtra Housing and Area Development Act, 1976.State Act of Maharashtra · Act 28 of 1977

(1) Subject to the other provisions of this Chapter, where the Board the Board on consideration of the information given by the Municipal Commissioner, or a report or its officer authorised for the purpose, or other information in its possession, is satisfied that any building, which is occupied by persons, is in such a ruinous or dangerous condition, that it is imminently likely to fall unless structural repairs which will render it fit and safe for habitation, are urgently done, then in such cases, the Board shall, subject to the provisions of sub-section (3), undertake such repairs to that building.

(2) The Board may prepare a list of such buildings setting out the order of priority or urgency in respect of which structural repairs are necessary, and may undertake simultaneously or in such order of priority the structural repairs according to the exigencies of the case and its resources.

(3) If the Board is of opinion that-

(a) the cost of structural repairs to [a building per square metre, will exceed such amount, as may be specified by the State Government, by notification in the Official Gazette, to be the structural repairs cost per square metre] or

(b) the cost of structural repairs to [a building, per square metre, will exceed the amount specified under clause (a)] but the size of the land on which such building is standing is such that for some reason or the other it would not be possible or economical to erect any new building thereon and there is an adjoining building but the cost of structural repairs to [such building, per square metre, does not exceed the amount specified under clause (a)]

then in cases falling under clause (a) or clause (b) the Board, notwithstanding anything contained in this Chapter, may not consider such building or buildings for repairs and may issue a certificate to the effect to the owner or owners thereof, as the case may be, affix a copy of the relevant certificate in some conspicuous part of the building or buildings for the information of the occupiers and proceed to take action as provided in this Chapter :

Provided that, in cases of special hardship, the Board may, on such terms and conditions as it may deem fit to impose, consider a building for structural repairs even if the cost of such repairs is likely to exceed the limit aforesaid :

Provided further that, where in any case the occupiers of a building undertake that they shall bear the cost of such repairs which are in excess of [the amount specified under clause (a)] and abide by such terms and conditions for payment of the excess cost to the Board as it may think fit to impose, the Board may carry out structural repairs to such building.

(4) The Municipal Commissioner shall, from time to time, send to the Board, full particulars of the buildings which are in a ruinous or dangerous condition and the condition of which is such that they are likely to fall if structural repairs are not urgently undertaken or in respect of which he has served notice under section 354 of the Corporation Act, but the same have not been complied with.

Where this provision sits

ActThe Maharashtra Housing and Area Development Act, 1976.
Section88
Marginal noteBoard to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • other, Mah. 21 of 1980. Section 6 of Mah. 21 of 1980 reads as under :-
  • other. Adjustment of payments made by occupiers for excess cost before 1st October 1980.- (1) If on the date of commencement of this Act, the Board has already undertaken structural repairs to any building, or is likely to undertake such repairs to any building before the 1st October 1980, the occupiers may by application in writing intimate their option on or before the 31st March 1981 whether such rep…
  • substituted, Mah. 31 of 2008. These words were substituted for the words and brackets "a building will exceed one thousand and two hundred rupees per square metre" by Mah. 31 of 2008, s. 2(a).
  • substituted, Mah. 31 of 2008. These words were substituted for the words and brackets "a building will exceed one thousand and two hundred rupees per square metre" by Mah. 31 of 2008, s. 2(b)(i).
  • substituted, Mah. 31 of 2008. These words were substituted for the words and brackets "such building does not exceed one thousand and two hundred rupees per square metre" by Mah. 31 of 2008, s. 2(b)(ii).
  • substituted, Mah. 31 of 2008. These words were substituted for the words "one thousand and two hundred rupees per square metre" by Mah. 31 of 2008, s. 2(c).

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