Chapter IX ENFORCEMENT AND INSPECTION

Save as otherwise provided in this Act, it shall be the duty of every local authority to enforce, within the area subject to its jurisdiction, the provisions of this Act, subject to such supervision of the 67[State] Government as may be prescribed : Provided that the local authority may by order direct that the said duty of enforcing the provisions of this act shall be discharged, in such circumstances and subject to such conditions if any as may be speciffed in the order, by its Chief Executive Officer or any other officer subordinate to it :

Power of State Government to enforce provisions of Act within areas of local authorities Notwithstanding anything contained in section 43, the State Government may, by a notification in the Official Gazette, direct that in the areas subject to the jurisdiction of such local authority as may be specified in the notification the provisions of this Act shall be enforced by the State Government from such date and for such period as may be specified in the notification and thereupon such local authority and officers of such local authority shall be discharged from the duty of enforcing the provisions of this Act within such area from the date and for the period as so specified : Provided that the bye-laws, if any, made by the local authority under section 44 and in force in such area before the date so specified shall continue to be in force with amendments, if any, made therein, until such bye-laws are amended or superseded by the State Government.]

A local authority empowered under section 43 to enforce the provisions of this Act may, with the previous sanction of the 69[Stale]

Delegation

1. (1) The 69[State] Government may by order direct that any of its functions under any of the provisions mentioned below shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be exercised or discharged by any local authority or any officer subordinate to it 70[in the area within the jurisdiction of the local authority], namely :, 71[Section 6, sub-section (2) of section 11], sub-section (2) of section 13, section 17, sub-sections (2) and (3) of section 19, section 23 and section 30. (2) Nothing in this Act shall derogate from the right of the 69[State]

Power of State government to provide for performance of duties on default by local authority

1. (1) If any local authority makes default in the performance of any duty imposed by or under this Act, the 69[State] Government may appoint some person to perform it and may direct that the expense of performing it with a reasonable remuneration to the person appointed to perform it shall be paid forthwith by the local authority. (2) If the expenses and remuneration are not so paid, the 69[State] Government may, notwithstanding anything contained in any law relating to the municipal fund or local fund or any other law for the time being in force, make an order directing the bank in which any moneys of the local authority are deposited or the person in charge of the local Government Treasury or of any other place of security in which the moneys of the local authority are deposited to pay such expense and remuneration from such moneys as may be standing to the credit of the local authority in such bank or may be in the hands of such person or as may from time to time be received from or on behalf of the local authority by way of deposit by such bank or person ; and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient dischage to such bank or person from all liability to the local authority in respect of any sum or sums so paid by it or him out of the moneys of the local authority so deposited with such bank or person.

47. Notwithstanding anything contained in any enactment in regard to any municipal or local fund, all expenses incurred by a municipality 72[or any other local authority] under and for the purposes of this Act shall be paid out of the municipal or local fund, as the case may be.

73[48. (1) For an area 74[within the jurisdiction of a local authority whose duty it is to enforce the provisions of this Act] the local authority and for other areas the State Government shall, subject to the provisions of sub-section (3), appoint as many inspectors as the local authority or the State Government, as the case may be, may deem necessary for the purpose of carrying out the provisions of this Act. (2) Notwithstanding anything contained in sub-section (1), in the areas within the jurisdiction of a local authority, the State Government may appoint Inspectors for such supervision as the State Government may prescribe. (3) A person possessing the prescribed qualifications shall be qualified for being appointed as an Inspector. (4) A local authority or, as the case may be, the State Government may direct that the powers conferred on it by this section shall in such circumstances, and subject to such conditions (if any) as may be specified in the direction, be exercised- (a) in the case of a local authority, by its standing committee or by any committee appointed by it in this behalf or, if such local authority is a municipal corporation, by its Municipal Commissioner or Deputy Municipal Commissioner, and (b) in the case of the State Government, by any officer subordinate to it.

49. Subject to any rules made by the 75[State] Government in this behalf , an Inspector may, within the local limits for which he is appointed, (a) enter, at all reasonable times and with such assistants, if any, being persons in the service of the 76[Government] or of any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment; (b) make such examination of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise evidence of any persons as he may deem necessary, for carrying out the purposes of this Act; and (c) exercise such other powers as may be necessary for carrying out the purposes of this Act:

Inspectors to be public servants 50.

Employer and manager to produce registers, records, etc., for inspection 51. Every employer 77[and in his absence the manager] shall on demand produce for inspection of an Inspector all registers, records and notices required to be kept under and for the purposes of this Act.