(1) No construction or development of any kind, including building, walls, fences, roads or poles or electric transmission lines shall be made above any drain, sewer or water supply pipe or any installation constructed or maintained or vested in the Board, except with the written permission of the Board and subject to such conditions as may be fixed by the Board:
Central Act No 30 of 1934 418 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 Penalty in case of default o f payment of charges Liability of occupier to pay for any default by the owner Obstruction of services provided by the Board General Power of compensation
Provided that Railway Administration may take up the works mentioned herein above, in accordance with the provisions of section 11 and section 12 of the Railways Act, 1989.
(2) The Board may remove or otherwise deal with any construction or development made in contravention of the provisions of sub-section (1) in such manner as it thinks fit having regard to the maintenance of its services and any cost including departmental charges incurred by the Board in this regard shall be recovered from the person who made the development or construction:
Provided that in case of construction or development made by the Telegraph Authority, the Board may remove or otherwise deal with it in such manner as it thinks fit and recover the cost including departmental charges incurred by the Board in this regard after giving the Telegraph Authority an opportunity of executing it within such reasonable period as the Board may fix for the purpose.