(1) Any person not below the rank of a Gazetted Officer authorised in this behalf by the 25 [State] Government by general or special order may—
(a) enter and inspect any land on which he has reason to believe that the work of 26 [erection or re-erection or conversion] of a building is being commenced, continued or carried out in contravention of the provisions of this Act;
(b) ask any person such questions as he deems necessary for carrying out the purposes of this Act;
(c) ask any person at whose expense the work of erection or re-erection 27 [or conversion of a building] is commenced, continued or carried out or any person engaged in the carrying out of such work to produce or furnish such books or documents or other information being documents or information in his possession, relating to such work ;
(d) seize any material which he has reason to believe have been, collected, purchased or otherwise obtained for the work of erection or re-erection of a building in contravention of the provisions of this Act and subject to the provisions of sub-section (3) of section 9 dispose of them in the prescribed manner.
(2) Whoever voluntarily obstructs any person authorised under sub-section (1) in the exercise of any powers conferred by that, sub-section or refuses to answer or wilfully Saving of other enactments.
Penalties.
Offence by companies etc.
Power of entry, etc.
[1948: Bom. XXXI Gujarat Building (Control on Erection, Re-erection and Conversion) Act, 1948.
gives a false answer to any question asked of him or refuses to produce or furnish any books, documents or other information as required under the said sub-section 28 [shall, on conviction, be punished] with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
12. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
13. Nothing in this Act shall apply to —
(a) alterations in a building 29 [not being a conversion and] not involving increase in the existing plinth area or roof area or in the total height of the building";
(b) re-erection of a dilapidated part of a building 30 [not being a conversion and] not involving re-erection of the whole building or, in the case of a storeyed building) of the whole storey;
(c) 31 *** furnaces, fire-places, flues, chimneys, washing places, drainage lines, latrines, urinals, septic tanks or manholes and inspection chambers for drains ;
(d) storage tanks or wells;
(e) boundary walls, compound walls and fencings;
(f) the erection 32 [re-erection or conversion of a building]—
(i) which is undertaken or carried out on behalf of the Government of a local authority or in pursuance of a contract with the Government or a local authority, or
(ii) the cost of which, or any part of the, cost of which, the Government or a local authority has agreed to pay.