Zilla Parishad in default of owner or occupier may execute works and recover expenses

(1) Whenever, under the provisions of this Act, any work is required to be executed by the owner or occupier of any buildings or land, and default is made in the execution of such work, the Zilla Parishad or the Chief Executive Officer, whether any penalty is or is not provided for such default, may cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to

124 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961 have been executed and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XI either in one sum or by instalments as to the Zilla Parishad may seem fit.

1. (2) If the defaulter be the owner of the building or land, the Zilla Parishad or Chief Executive Officer may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses payable by the owner for the time being, from the person who then, or any time thereafter, occupies the building or land under such owner; and in default of payment thereof by such occupier on demand, the same may be levied from such occupier; and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XI; every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such occupier in respect of any such expenses.
2. (3) No occupier of any building or land shall be liable to pay more money in respect of any

expenses charged by this Act on the owner thereof, than the amount of rent which is due from such

occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or which at any time after such demand and notice not to pay the same to his landlord, has accrued and become payable by such occupier, unless he neglects or refuses, upon application made to him for that purpose by the Zilla Parishad or Chief Executive Officer truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall be upon such occupier : Provided that, nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of the expenses of any such works as aforesaid.