Chapter XI Chapter XI

Prosecutions, Suits and Powers of Police

Whoever-

1. (i) obstructs the entry of any person empowered under section 83 to enter into or upon any land or building in any part of the Kota Region for the purposes mentioned in that section; or
2. (ii) molests such persons as aforesaid after such entry; or
3. (iii) resists, obstructs or molests any member or employee of the Authority or any employee of the Government in the exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to, the Authority or the Government or such member, or employee of the Authority or any employee of the Government; or
4. (iv) obstructs or molests any person with whom the Authority or the Government or an officer of the Government has entered into a contract or obstructs or molests a servant of the Authority, who may be lawfully engaged in doing anything, in connection with the discharge of the duties or performances of the functions of the Authority or of the Government or of an officer appointed by it under this Act, shall be punishable with fine which may extend to one thousand rupees or with imprisonment for a term which may extend to six months or with both.

If any person without lawful authority-

1. (a) removes any fence, or any timber used for propping or supporting any building, wall or other things, or extinguishes any light set up at any place where the surface of street or other ground has been opened or broken up by the Authority for the purpose of carrying out any work authorised under this Act; or
2. (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of any work authorised under this Act; or
3. (c) infringes any order given or removes any bar, chain or post fixed by the Authority for the purpose of closing any street to traffic, during the course of execution of any work under this Act, he shall be punishable with fine which may extend to one thousand rupees.

Whoever-

1. (a) wilfully or without any reasonable excuse disobeys any requisition or other lawful order or direction issued under or in pursuance of any of the provisions of this Act; or
2. (b) being required under any of the provisions of this Act to make any return or to furnish any information, makes a false return or furnishes false information, shall be punishable with fine which may extend to three thousand rupees or with imprisonment for a term which may extend to three months or with both.

1. (1) Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to two years and with fine which may extend to twenty thousand rupees: Provided that the court may for any adequate or special reason to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month.
2. (2) Whoever makes any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both.
3. (3) The Authority or any officer authorised by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who had caused the said obstruction or encroachment.
4. (4) Whoever not being duly authorised in that behalf removes earth, sand or other material from any land or space as aforesaid shall be punished on conviction with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.
5. (5) Notwithstanding anything contained in the foregoing provisions, the Authority or the officer authorised by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land or space referred to in this section or, as the case may be, attached to such land or space or permanently fastened to anything attached to such land or space.
6. (6) Where any property is seized or attached by an officer authorised by the Authority, he shall immediately make a report of such seizure or attachment to the Authority.
7. (7) The Authority may make such orders as it thinks fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and if the property is subject to speedy and natural decay, or it is otherwise expedient so to do, the Authority may order it to be sold or otherwise disposed of.
8. (8) Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall,-
   • (a) where no order of confiscation is ultimately passed by the Authority; or
   • (b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized.
9. (9) Where any property is seized or attached under subsection (5), the Authority may order confiscation of such property.
10. (10) No order for confiscation of a property shall be made under sub-section (9), unless the owner of such property or the person from whom it is seized or attached is given-
    • (a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;
    • (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and
    • (c) a reasonable opportunity of being heard in the matter.
11. (11) The order of any confiscation under this section shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.
12. (12) Whenever any property is seized or attached pending confiscation under this section, the Authority or the Tribunal constituted under section 80 of this Act shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, other tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.
13. (13) Where any person is prosecuted of an offence under sub-section (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him.
14. (14) Whoever, being an employee of the Authority, specifically entrusted with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both: Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Authority.
15. (15) No investigation of an offence under this section shall be made by an officer not below the rank of a Deputy Superintendent of Police.

Whoever contravenes any of the provisions of this Act or of any rule or regulations made or does anything against any plan, project or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable-

1. (a) for the first offence, with fine which may extend to one thousand rupees; and
2. (b) for a second or any subsequent offence with fine which shall not be less than two hundred fifty rupees and not more than five thousand rupees.

1. (1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance or, is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,-
   • (a) "company" means a body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm means a partner in the firm.

No court shall take cognizance of any offence punishable under this Act or any rule or regulation or order made thereunder except upon a complaint in writing of the facts constituting such offence made by the Authority or by a person expressly authorised in this behalf by the Authority: Provided that any person, whose right to enjoyment of his own property is adversely affected by any unauthorised development as indicated in sub-section (1) of section 31, may also file a complaint in the like manner against such person or persons who may have undertaken the said unauthorised development: Provided further that the Authority shall also be given due notice of such proceedings and if the Authority removes the cause for action within a reasonable period, the proceedings in the Court shall abate, without prejudice to any other action or proceedings that the Authority has initiated or may initiate thereafter.

All fines realised in connection with prosecution under this Act shall be paid to the Authority.

The Authority may,-

1. (a) institute, defend or withdraw from any legal proceeding;
2. (b) compound any offence against this Act; and
3. (c) admit, compromise or withdraw any claim made in any legal proceeding or otherwise:

Immunity to Authority No suit, prosecution or other legal proceeding shall be maintainable against the Authority or any person acting under the direction of the Authority or the Chairman, member or any officer or servant of the Authority, Executive Committee, other committees, any Functional Board or any body thereof in respect of anything lawfully and in good faith and with due care and attention done under this Act.

1. (1) No suit shall be instituted against the Authority or any member thereof or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employee of the Executive Committee, any Functional Board, Tribunal, any committee or any body thereof, in respect of any act done or purporting to have been done in pursuance of this Act or any order, rule or regulation made thereunder till the expiration of two months from the date on which notice in writing has been left at the office or place of abode of the persons to be sued and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been left or delivered.
2. (2) No suit such as is described in sub-section (1) shall, unless it is a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of one year from the date on which the cause of action arises.
3. (3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of the institution of the suit.

A copy of any receipt, application, plan, notice, order, entry in a register of other document in the possession of the Authority shall, if duly certified by the legal keeper thereof, or the Kota Development Commissioner or any person authorised by him in this behalf, be received as prima facie evidence of the entry or document and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matter.

No member or officer or servant of the Authority shall in any legal proceeding to which the Authority is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matter and transaction recorded therein unless by order of the court made for special cause.