(1) Any person who—
(a) undertakes or carries out the development of any site or erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of any direction issued under section 6 or without the permission referred to in section 7 or in contravention of any condition subject to which such permission has been granted, or
(b) uses any land in contravention of the provisions of sub-section (1) of section 9, Power of entry on building or land.
Order of demolition of building in certain cases.
Penalties.
1958 : Bom. XIX] Gandhidham (Development and Control on Erection of Buildings) Act, 1957 9 of 13 shall be punished with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
(2) Any person who obstructs the entry of a person authorised under section 11 to enter into or upon any building site or land, or molests such person after such entry shall be punished with fine which may extend to one thousand rupees.
(3) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charges 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.
(4) Notwithstanding anything in sub-section (3), 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 or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also 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.
14. No court inferior to that of a magistrate of the first class shall try offence punishable under this Act.
15. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or an Officer authorised by the Authority in this behalf.
16. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any court of a magistrate of the first class to pass any sentence authorised by this Act in excess of its powers under the said section.
17. The Authority may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may also be exercised in such cases and subject to such conditions (if any), as may be specified in the notification, by such Officer being an officer not below the rank of a Deputy Collector or Assistant Collector as may be mentioned therein.
18. Any person aggrieved by any direction issued by the Authority under section 6 or by an order of the Authority under sub-section (2) of section 8 or of sub-section (3) of section 9 may, within thirty days from the date of the issue of such direction or as the case may be, from the date of communication of such order to him 8[present an appeal to the District Judge, Kutch, who shall constitute a Board of Appeal under section 19 for deciding the appeal].
9[18A.(1) The Authority or any person authorised by the Authority by a general or special order in this behalf may, either before or after the institution of proceedingsfor any offence punishable under this Act, accept from any person charged with such offence a sum not exceeding ten thousand rupees by way of composition of the offence.
Jurisdiction of courts.
Previous sanction of Authority or Officer authorised by it for prosecution.
V of 1898.
Magistrate's powers to impose enhanced penalties.
Power to delegate.
Right of Appeal.
Compounding of offences.
[1958 : Bom. XIX Gandhidham (Development and Control on Erection of Buildings) Act, 1957
(2) On payment of such sum as may be determined by the Authority or, as the case may be, the person so authorised, no further proceedings shall be taken against the accused person in respect of the same offence.]