section 420
Save as otherwise provided in this Act or the rules or the regulations Recovery of certain
Arunachal Pradesh Municipal Act, 2007Chapter XXXV Chapter XXXV
made thereunder any sum due to the Municipality on account of any charge, dues of Municipality. cost, expense, fee, rate or rent or on any other account under this Act or the rules or the regulations made thereunder shall be recoverable from the person from whom such sum is due as if it were property tax. K. Obstruction of owner by occupier 421. (1) Any owner of any land or building may, if he is prevented by the occupier thereof from complying with any provision of the Act or the rules or Application to Civil the regulations made thereunder or any requirement under any such provision Court by owner when in respect of such land or building shall apply to the Civil Court having occupier prevents him jurisdiction within the time fixed for compliance with such provision or from complying with requirement and thereupon, such owner shall not be liable for his failure to the Act etc. comply with such provision or requirement within the time fixed for such compliance.
- (2) On receipt of any application under sub-section (1) the Civil Court may make an order in writing requiring the occupier of the land or the building as the case maybe to afford all reasonable facilities to the owner for complying with the provisions or the requirement as aforesaid and may also, if it thinks fit, direct that the costs of such application and order shall be paid by the occupier.
- (3) The occupier shall within eight days from the date of any order under sub- section (2) afford all reasonable facilities to the owner in compliance with such order, in the event of any continued refusal by the occupier to do so, the owner shall be discharged during the continuance of such refusal from any liability which he would otherwise have incurred by reason of his failure to comply with the provision or the requirement as aforesaid. L. Proceedings before the Civil Court. 422. (I) Whenever under this Act any application or appeal or reference is made to a Civil Court having jurisdiction, such Civil Court may for the purpose Proceedings in of any inquiry or proceeding in connection with such application, appeal or Civil Court. reference summon and enforce the attendance of witness and compel them to give evidence or compel the production of documents by the same means and as far as possible in the same manner as is provided in the Code of Civil Procedure 1908 and in all matters relating to any such enquiry or proceedings the court shall be guided generally by the provisions of the Code of Civil Procedure, 1908 (5 of 1908) so far as such provisions are applicable to such inquiry or proceeding.
- (2) If in any such enquiry or proceeding any person summoned to appear before the Court fails to do so the court may proceed with such inquiry or proceeding in his absence.
- (3) The cost of every such inquiry or proceeding shall be payable by such person or persons and in such proportions or proportions as the Court may direct and the amount of such cost shall be recoverable as if the same were due under a decree of the court. 423. (1) The Municipality may specify a fee- Fees in proceedings
- (a) for making under this Act any application, appeal or reference to a Civil before Civil Court. Court having jurisdiction or
- (b) for issue of any summons or other process in inquiry or proceeding in connection with such application, appeal or reference, Provided that the fee, if any under clause (a) shall not in the case where the value of any claim is capable of being estimated in money, exceed the fee liveable in a similar case under the Code of Civil Procedure 1 908.
- (2) No application, appeal or reference under this Act shall be received by a Civil Court having jurisdiction until the fee, if any under clause (a) of sub- section (1) has been paid, Provided that the Civil Court may, in any case in which it thinks fit so to do — i. receive such application, appeal or reference or ii.
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