(1) Where any transferee makes any default in Imposition ot the payment of any consideration money or instalment penalty and h f h d f h mode of reco-t ereo' or any ot er amount ue on account 0 t e very of arrears.
transfer of any site or building uhder section 3 or of any rent due in respect of any lease, or where any transferee or occupier makes any default in the payment of any fee or tax levied under section 7, the Estate Officer may direct that in addition to the amount of arrears a sum not exceeding that amount to be determined by him shall he recovered from the transferee or occupier, as the case may be, by way of penalty.
, I URBAN ESTATES (DEVELOPMENT [1964: Ph. Act 22 & REGULATION) I
(2) In the case of any default in the payment of an amount payable under this Act, the outstanding amount in default together with any sum, if any, directed to be paid by way of penalty under sub-section (1) may be, recovered from the transferee or occupier, as the case may be, in the same manner as an arrear of land ;revenue.
I Forfeiture on 10. In the caSe of non-payment of consideration breach for con-. f ditions of trans- money or any mstalment thereof on account a the fer. transfer of any site or building under section 3 or of any rent due in respect of the lease of any such site or building or in case of the breach of any other condi tions of such transfer the Estate Officer may, if he thinks fit, resume the site or building so transferred and may further forfeit the whole or any part of the money, if any, paid in respect thereof.
Appeal and re- 11. (1) Any person aggrieved by an order of the vision. Estate Officer made under section 9 or section 10 may, within thirty days of the date of the communication to him of such order, prefer an appeal to the Chief Ad ministrator in such form and manner as may be pres cribed:
Provided that the Chief Administrator may enter tain the appeal after the expiry of the said period of thirty days, if he is satisfi·ed that the appellant was prevented by sufficient cause from filling the appeal in time.
(2) The Chief Administrator may, after hearing the appeal, confirm,' vary or reverse the order appealed from and may pass such order as he deems fit.
I
(3) The Chief Administrator may, either of his own motion or on an application received in this behalf, at any time call for the record of any proceeding in which the Estate Officer has passed an order for the purpose of satisfying himself as to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit : I I ~.- 1964 : Pb. Act 22] URBAN ESTATES (DEVELOPMENT 637 & REGULATION)
Provided that the Chief Administrator shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
(4) Where a person is aggrieved by any order of the Chief Administrator, deciding a case under sub section (2) or sub-section (3), he may, within thirty days of the date of communication to him of such deci sion, make an application in w,riting to the State Government for revision against the said decision; and the State Government may confirm, alter or rescind the decision of the Chief Administrator.
12. If it appears to the Chief Administrator that it Preservatio.n . d' Itt and plantmg ofIS necessary or expe lent to preserve or p an rees trees.
generally or of specified kind in an urban estate, he may by notification make an order (hereinafter referred to as the Trees Preservation Order) with respect to trees generally or such kind of trees as may be specified in that order, and such order may regulate, res trict or prohibit-
(a) the cutting down, topping, lopping or wilful destruction of trees, except with the pre vious permission of the Chief Administrator;
and
(b) the planting and replanting of any trees or kinds of trees in any site or location therein as may be specified in the order.
13. If it appears to the Chief Administrator that Control of ad- 't . d' t t t . tIt th vertisements.1 IS necessary or expe len a res rIC - or regu a e e display of advertisements in an urban estate he may by notification make an order (hereinafter referred to as the Advertisements Control Order) restricting or regulating the display of advertisements and such order may provide-
(a) for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which such adver tisements may be displayed, and the manner in which they are to be affixed to land or building;
638 URBAN ESTATES (DEVELOPMENT [1964: Ph. Act 22 & REGULATION)
(b) for requiring the permission of the Chief Administrator to be obtained for the display of advertisements ;
(c) for enabling the Chief Administrator to re quire the removal of any advertisement which is being displayed in contravention of the order or the discontinuance of the use _ for the display of advertisements of any site which is being used for that purpose in con travention of the order;
(d) for fees to be charged for advertisements at places specified in the order.
Penalty for con~ 14. Any person who contravenes the provisions of ~~~~~~~~ O;tc. sub-section (2) of section 4 or section 6 shall, on convic tion, be punishable with fine which may extend to five hundred rupees and to a further fine which may extend to twenty rupees for each day during which the offence is proved to have continued after the first day.
Penalty for con~ 15. (1) If any person contravenes any provisions travention of i of the Trees Preservation Order or of the Advertise- Trees Preserva- • . .
tion Order and ments Control Order, he shall on conVICtIOn be pumsh- Adverti1lemen1Js able with fine which may extend to five hundred rupees Control Order. h h . b . d f hand w oever after avmg een convlCte 0 t e contravention of any provisions of either of the said Orders continues to contravene the said provisions, shall, on a subsequent conviction, be punishable with fine as aforesaid and to a further fine which may extend to twenty rupees for each day of continued contraven tion after the previous date of conviction.
(2) The Court while Jassing an order under sub section (1) may direct that any tree or part thereof or any material used for advertisement, which is the sub ject of the contravention, shall be forfeited to the State Government or impose a fine of an amount which shall be equivalent to the value thereof.
Penalty for 16. Except as otherwise provided for in this Act, breach of rules. any contravention of any of the rules framed there under shall be punishable with fine which may extencl 1964 : Pb. Act 22]' URBAN ESTATES (DEVELOPMENT 639 & REGULATION) to five hundred rupees, and in the case of a continuing contravention, with an additional fine, which may extend to twenty 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, may direct that any property or part thereof, in respect of which the rule has been contravened, shall be forfeited to the State Gove,rnment.
Illusitration.-Where an unauthorised structure has been constructed or any obnoxious material or subs tance is collected or heaped on a site in any unautho rised manner, or where an advertisement board has been set up in contravention of the Advertisements Control Order, such structure, material, substance or board shall be liable to forfeiture, and not the site or buildin.g on which the same may be located or fixed:
Provided that if a building is begun, erected or re erected in contravention of any of the building rules, the Chief Administrator 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 begun or having been completed, as the case may be. Such notice 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 demolish the said building at the expense of the owner:
Provided further, that the Chief Administrator may, instead of requiring the alteration or demolition of any such building, accept by way of composition, such sum as he may deem reasonable.
17. No architect or engineer who does not pos- Registration and sess the prescribed qualifications shall be considered as licensing of duly qualified' and no person other than a duly quali. architects, engi.
. ' . . neers and plum.
fied archItect or engIneer or any plumber shall be bers.
competent to certify any plan or completion of a build.
ing, or engage in any plumbing work, as the caSe may 640 Protection of action taken in good faith.
URBAN ESTATES (DEVEL01NT [1964: Pb. Act 22 & REGULATION) I be, unless registered and licensed by the Chief Administrator. I Powers of entry 18' Th Ch' f Ad . . t t th .
on buildings or . e Ie mInIs ra or may au orlse any land. person after giving twenty-four hours notice to the occupier or if there be no occupier to the owner, of any building or land, at any time between sunrise and sunset- . I
(a) to enter on and to survey, and to take levels or measurements of any buildings or land;
(b) to enter into any building or on any land for the purpose of examining works under construction or of ascertaining the course of sewers or drains; or
(c) to enter into any building or on any land for the purpose of ascertaining whether any building is being or has been erected or re erected without sanction or in contravention of any sanction given under this Act or the rules made thereunder and to tape such measurements and do any other such acts as may be necessary for such purpose.
Procedure for 19. No court shall take cognizance of any offence prosecution. punishable under this Act or any rule made thereunder except on the complaint of, or upon information given by, the Chief Administrator or any other person autho rised by him in this behalf.
l?ar of jurisdic- 20. No order made or direction given by the State bon of courts. G - th .t' . f overnment or any au on y m exercIse 0 any power conferred by or under this Act shall be called in question in any court. I