Vidhi Codex

section 405

Enforcement of Orders to Execute Works etc.

Arunachal Pradesh Municipal Act, 2007
Infrastructure2007409 sections2 chapters
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Chapter XXXV Chapter XXXV

Statutory text
  1. (1) When, under this Act or the rules or the regulations made there under Time for complying any requisition or order is made by a notice, in writing, issued to any person or with requisition persons by any municipal authority or any officer of the Municipality, such or order, and power of authority or officer shall specify in such notice such period within which - the Chief Municipal Executive Officer/
    • (a) such requisition or order shall be complied with, and Municipal Executive
    • (b) Any objection thereto, in writing, shall be received by such authority or Officer to enforce officer, as such authority or officer may consider reasonably. requisition or order on default.
  2. (2) If any such requisition or order or any portion thereof is not complied with within the period specified in the notice under sub-section (1), the Chief Municipal Executive Officer/ Municipal Executive Officer may, subject to the provisions of section 406 and such regulations as may be made by the Municipality in this behalf, take such measures, or cause such measures to be taken, as may, in his opinion, be necessary for causing due compliance with such requisition or order, and, except where otherwise expressly provided in this Act or the rules or the regulations made thereunder, the expenses, if any, incurred by such authority or officer in causing such compliance shall be paid by the person or persons to whom such notice is issued.
  3. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may take any scheme, execute any work, or cause anything to be done under this section, notwithstanding any prosecution or punishment or liability to punishment of any person under this Act or the rules or the regulations made thereunder for his failure to comply with such requisition or order. 406. (1) Any person who has been served with a notice under sub-section (1) Submission of of section 405 may, within such period as is specified in such notice, deliver to objections to comply the municipal authority or the officers or the Municipality, as the case may be, with notice. any objection, in writing, setting forth the objections which he may desire to state for withdrawal or modification of such notice.
  4. (2) Every such objection shall be placed before the Chief Municipal Executive Officer/ Municipal Executive Officer for determination and, pending such determination, compliance with any requisition or order in accordance with such notice shall be stayed.
  5. (3) The Chief Municipal Executive Officer Municipal Executive Officer or, if he so directs, any other officer of the Municipality of such rank as may be specified by him, other than an officer who has issued such notice, shall, after hearing the person concerned or his agent duly authorized by him, in writing, in this behalf and after considering the circumstances of the case, make such order, either confirming or modifying or cancelling the notice, as he thinks fit.
  6. (4) (a) Where the Chief Municipal Executive Officer/ Municipal Executive Officer or the other officer of the Municipality referred to in subsection (3) makes an order under that subsection, either confirming or modifying the notice, he may, if he thinks fit, - i. direct that a portion of the expenses, if any, to be incurred in complying with the notice as confirmed or modified shall be borne by the Municipality, and ii. Fix a time within which the notice so confirmed shall be complied with.
    • (b) If the notice as confirmed or modified is not complied with by such person within the time fixed under sub-clause (ii) of clause (a), the Chief Municipal Executive Officer shall take such measures, or cause such work to be executed, or such thing to be done, as may, in his opinion, be necessary for causing due compliance with such notice, and the expenses, if any, incurred by the Chief Municipal Executive Officer is this behalf shall be payable to the Chief Municipal Executive Officer on demand and, if not paid within ten days of such demand, shall be recoverable as an arrear of tax under this Act. G. Recovery of Expenses. 407. ( 1) When, under this Act or the rules or the regulations make thereunder, ower of Municipality to the expenses of any measure taken or work executed or thing done by or enter into agreement under the order of any municipal authority or any officer of the Municipality or for payment of any Magistrate are payable by any person, the Chief Municipal Executive expenses in Officer/Municipal Executive Officer may, if he thinks fit and with the approval of instalment. the Empowered Standing Committee, notwithstanding anything to the contrary contained in this Act or the rules or the regulations made thereunder, enter into an agreement with such person for payment of such expenses in such instalments, and at such intervals, as will secure the recovery of the whole amount due with interest thereon at such rate of interest as may be determined by the State Government from time to time within such period, not exceeding six years, as the Municipality may determine.
  7. (2) Every such agreement shall provide for adequate security against the whole amount due from such person. 408. (1) If any expenses are to be recovered or are incurred on account of any Power of Municipality work mentioned — to declare certain expenses to be an
    • (a) in section 199 and section 201, or improvement
    • (b) in the rules or the regulations made under this Act, expenses. The Municipality may, if it thinks fit, declare such expenses to be an improvement expenses.
  8. (2) A register shall be maintained by the Chief Municipal Executive Officer/ Municipal Executive Officer showing all expenses, declared to be an improvement expenses under this section and such register shall be open to inspection try any person upon payment of such fee as may from time to time be determined by the Empowered Standing Committee. 409. (1) Any improvement expenses under section 408 shall be charge on the Improvement premises in respect of which or for the benefit of which such expenses are expenses how incurred and shall be recoverable in such instalments and at such intervals, as recoverable and by may be sufficient to discharge such expenses with interest thereon at such whom payable. reasonable rate as may be determined by the Municipality from time to time and within such period not exceeding thirty years as the Municipality may in each case determine.
  9. (2) The improvement expenses shall be payable by the owner or the occupier of the premises on which such expenses are chargeable.

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