Chapter XVI INSPECTION AND PENALTIES

(i) The Authority may authorize any person to enter into or upon any land or building other than the land or building owned by the Central Government or the State Government in the local planning area or the site for a new township with or without assistance or workmen for the purpose of, - (a) making any enquiry, inspection, measurement or surveys or taking levels of such land or building; (b) examining works under construction and ascertaining the course of sewers and drains; (c )digging or boring into the sub-soil; (d) setting out boundaries and intended lines of work; (e) marking levels, boundaries and lines by placing marks and cutting trenches; (f) ascertaining whether any land is being or has been developed in contravention of any provision of this act or rules or regulations made thereunder; and (g) doing any other thing necessary for the efficient administration of this Act. Provided that – (a) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building (b) sufficient opportunity shall in every instance be given to enable women, if any to withdraw from such land or building, (c) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the land or building entered (ii) Subject to the provisions of proviso to sub-section (i), the Competent Authority or any officer authorized by it may enter into or upon any land, building, execution or operation with or without assistants or workmen for the purpose of checking of any violation of the provisions of this Act.

Any person who obstructs the entry of a person authorized under section 135 to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.

Expect as otherwise provided for in this Act, any contravention of any of the rules or regulations made thereunder shall be punishable with fine which may extend to an amount as decided by the State Government from time to time by a notification, and in the case of continuing contravention, with an additional fine, which may extend to one hundred rupees, for each day during which such contravention continues after the first conviction and the court, while passing any sentence on conviction of any person for the contravention of any rule or regulation, may direct that any property or part thereof in respect of which the rule or regulation has been contravened shall be forfeited to the Authority. Provided that if a building is begun, erected or re-erected in contravention of any of the building regulations, the Commissioner shall be competent to require the building, to be altered or demolished by a written notice delivered to the owner thereof, within six months of its having been begun, or having been completed, as the case may be, and the notice so delivered shall also specify the period during which such alteration or demolition has to be completed and if the notice is not complied with the Chief Administrator shall be competent to demos the said building at the expense of the owner. Provided further that Commissioner may instead of requiring alteration or demolition of any such building, accept by way of compensation such sum as he may deem reasonable.

Any person who contravenes the provisions of this Act, for the contravention of which no penalty is expressly provided elsewhere in this Act, shall, on conviction be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to twenty five thousand rupees, or with both.

(i) Where any offence under this act has been committed by 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 under this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (ii) Notwithstanding anything contained in sub-section (i) 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 of, 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 deemed to be guilty of that offence and 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.

Where an offence under this Act has been committed by any Department of Government or it is proved that the offence has been committed with the consent or co-connivance or is attributable to any neglect on the part of any officer or employee of the department the Head of such Department, 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 section shall render the Head of such department, liable to any punishment under this act if such Head of department proves that the offence was committed without his knowledge or that the exercised all due diligence to prevent the commission of such offence.