Power of Entry

The [Chief Town & Country Planner]1 of the Department or any Officer or any employee authorised by the Department in this behalf may enter into or upon any land or building with or without assistants or workmen for the purpose of –

1. (a) making any enquiry, inspection, measurement or surveys or taking levels of such land or building; or valuation of land and building and charge service fees ;
2. (b) setting out boundaries and intended lines of works;
3. (c) making such levels, boundaries and lines by placing marks, boundary pillar, cutting and trenches;
4. (d) examining works under construction and ascertaining the course of electricity, water supply, sewers and drains;
5. (e) digging or working into the sub-soil;
6. (f) ascertaining whether any land is being or has been developed in contravention to any provision of this Act or rules or regulations there under ; and
7. (g) doing any other act necessary for the efficient administration of this Act: Provided that –
   • (i) in the case of any building used as a dwelling or upon any enclosed part or garden attached to such a building, no such entry shall be made (unless) with the consent of the occupier at least twenty four hours notice in writing of the intention to enter;
   • (ii) sufficient opportunity, shall, in every instance be given to enable workmen (if any) to withdrawn from such land or building ;
   • (iii) due regards shall always be had, so far as may be competable with exigencies of the purpose or which the entry is made to the social and religious engages of the occupants of the land or building entered.
8. (h) Power of the [Chief Town & Country Planner]1 under this section shall extend to the whole State Co-ordinating different Government Agencies. Local Authorities and Voluntary Organisations in the matter of Enforcement and implementation of the Development Plan. Otherwise as directed by the State Government. Provided that the powers of the District Town & Country Planner shall extend only to the respective District and the powers of the Sub-Divisional Town & Country Planner shall extend only to such Sub-Division of Planning area or region or project as may be notified.]1
   • (i) The [Chief Town & Country Planner]1 or the Department or any officer, or employed authorised under this section may assess the value of any land and building within Development Plans or any other area or region and may charge service fee as determined by the Department from time to time.
9. (j) Any person who obstructs the entry of a person empowered or authorised under this section, to enter into or upon any land or building or vacation of land and building or molest such person after such entry shall punishable with imprisonment for a term which may extend to six months or with a fine which may extend to one thousand rupees, or
10. (k) [The Chief Town & Country Planner]1 or such other officers authorised in this behalf may enter into and perform or require the performances of all such contract and any other expenditure involving such amount as decided by the Government as it will be necessary or expedient for carrying out Development Schemes implementation and any other purposes under this Act ; Provided that –
11. (a) The [Chief Town & Country Planner]1 or such other Officers or any technical employee of the Department who held equal rank to other Technical Departments will follow the accounts contracts, power of technical sanction, approval of building design, estimates and other procedure as laid down in the Central Public Works Department Codes, Rules, Manuals including work-charge establishment etc. or the Meghalaya Delegation of Financial Powers Rules, 1981 as amended from time to time as the [Chief Town & Country Planner]1 thinks fit.
12. (b) Every contract, accounts etc. made by the [Chief Town & Country Planner]1 under this clause shall be entered into in such manner and in such forms as may be prescribed from time to time.