(1) Where it appears to the Board that there are reaSonable grounds for believing that a private sewer or cess-pool is in such oondition as to be - prejudicial to public hoal~h or to be a nuisance or that a privat.o sewer com· mUJJ.ioa.ting directly or indirectly with a S&W6I' of the Board is so defective as to e.dmit sub-soil water or grit or other materials, the Board may examine its condition and for that purpose may apply any toot, not being a t'611t by vator under pressure, and if it dooms it necesi>a.ry, open the gtoWld.
(2) If on examination the sewer or ooss-pool ir. found to be in proper con dition, the Board shall, as soon as possible, reinstate any ground which has boon opened by it and determine and pay compensation for the damage oaused by it.
60. No poroon llh.all-
(a) wilfully obstruct any poraon acting under the authority of the Board wider this Chapter in setth:tg out the lines of any works or pull up or romove any pillar, post or stay fixed in tho ground for the purposes of ·setting out lines of such work or deface or destroy any works made for the said purposes; or
(b) wilfully or negligently break, injuro, turn on, open, close, shut off or otherwiso interfere with any lock, valve, pipe or other workJ or apparatus belonging to the Board and pertaining to its duties and functions under this Chapter; or
(c) unlawfully obstruot tho flow of, or flush, draw off or divert or talce sewage from any works belonging to the Board; or
(d) obst1uot any officer or servant of the Board in disoharge of his duties under this Chapter or refuse or wilfully negleot to furnish him with the means neoessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage~.workd.
61. (1) Any officer or servant of the Board authorised by it in that behalf, may, with or without asai.tants or workmen, enter into or upon any premises in 01der-
(a) to make any inspeotion, survey, mea.o;urement, valuation or inquiry;
(b) to rake levele;
(o) to dig or bore into the sub-soil; ·1
(d) to oot out tho botmdaries and the intended lines of work:;
(e) to mark such levels, bo\Uldarios and ijnes by placing marks and cut ting trenches; or {f) to do any other thing necessary for the purposes Qf th.iH Act or any rules or regu]ations or bye-laws :
PART IV] GUJ. GOVT. GAZ., EX., ~1AY 6, 1979/JY • .\.ISTRA 16, 1901 157 Pro vi clad that, in oxercising the pow ors wuler this sub-section clue regard shall bo paid by tho officer or servant of tho Board concorned to the social and religious customs of tho occupantq of tho premises.
(2) ''7hen any porson is entitled to enter into or upon a'l.y pre1niso.'> in eXeroiso of the powors under sub-section (1) ho may also enter in similar manner into or upon any adjoining pro1ni~es for ally \\'Olk authorised by or under this A.ct or for the purpose of depositing therein, any soil, grilld stone or other rnatcrials or for obtaining acco.~s to i!Uch work or for any other purpose conno;:ited 'i\'ith the execution of tho same . •
(3) It shall be la\vful for any authorised officer or ser,·ant to ir,ako any entry into any plaeJ to open or ca11se to be oponcd any door, gate or other ban·ier-
(a) if ho consider;; t.he opening thereof nocessary for the purpo;;o of such ent1y; and
(b) if tho O\vner or occupier is absent or being present ref1L~es to open such door, gate or bar1ier.
6Z. Any officer or ser\'ant authorised by the Board in that behalf may have any tank, pool or well, cleaned or disinfected aftor notice to the O'\•ner or occupier, if an)', when it appears that such cleaning or disinfection will prevont or cheC1k the i;_rread of any dangerous disease. The co:,1:. of cleaning or disinfection shall be rocoverablo by tho Board from the owner or occupier of such tank, pool or well.
PE~ALTIES AND PROCEDURES.
63. \ljTboe1·er contravene.<: any of tho provi· io:1~ of this Act or of anyru~c or by-la\v Ol' f~i\;; to comply ·with any notice, ord('r or icquisition issued under this Act or any rule or hye·hnv, shall, on conviction, be pw1ishccl with fine which m'Ly extend to one tho1L'>and rui:ee~, and "•ith further fine which may ext,end to fifty rup~es for every day on v.'hich ~uch contravenl.ion or failure continues after the first conviction.
64. No co:.irt shall tl'.ke cogoizPncc of any offence under t.Jjs Act., except.
on the complaint of the Board made within six m-u1ths next after the commission of the offence.
65. (1) '''hrre an offence under this Aet hr.s been committed by a comprnlJ', e\·ery pe1·<1on who at the time the offence "'i\';;s committfd 'i\'as resp1n~ible to the conlp'l.ny for the conduct of its buJiness as well as the company, sh'l!l te Leem~d to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that, not.hing cont'lined in this sub-section shfl.l! render any such pO\r.>on liable to any punisb1nen\ if he proyes that the offen~e v;as committed without his kno\Vlt!dge or that he exerciser! a \1 due diligence to prevent the commis~ion of such offencr, IV-Extra-35 rower to disinfect tanks, poola and well~.
General penalty.
Cognlzane,& of offence.
Offenoes b.J eompaniet.
Power to """'' "'""'" commi~ting an offonco and ~fusing to give oame aud addniss.
DirooMons t.o the ,Boa.rd on questions of polioy.
Annual .roport, atatletlos, .roturns ...
"''"'' JnfOt• m11.tlon by ttie Board, 15' OUJ, GOVT, GAZ., EX.1 MAY 6, 1979/JYAISTHA 16, 1901 [PART IV
(2) Notwith.~tanding anything contained in :-:11b-seclion (1) \Vhere any offence unclerthis Act has been ccrumitttd by a cc1r .. pan)'aL.d it is pre.vi d 11'.at the offence bus been committed with the co11s£nt or connivance of, or is attributable to any neglect on thC' part of a11y dirrctor, manr.g<1, 1ecre1ary or other officer of the company, such director, lnflnr..g<r, secrftr.ry or c.thc.r officer shall also be deemed to be guilty of that of'ence ar.d shall be lieblP to be proceeded agaillst and punished accordingly.
Ex-pla1Vltivn:-For the purposes of this section- ,.
(a) •company' means any body corporate and ir.cludcs a firm or other association of individuals, and
(b) 'director', in relation to a firin, means a partner in the firm.
66. It 11hall le lawful for any officer of tle Board authorisrd by it in this behalf to arrest and hand over to tle officer in charge cf the i_earest police seation any person who commits or is suspccted to havc ccmmittfd an c fl'ence punish3b'.e under section 63 and who on {emand refuses to give his true name aru] address or where there is rfason to bPlieve tha.t the ni me er tddress given by him i.~ not cor1 e~t. Such police cffic<>r shi,ll r do pt such 11 g1 l n:.ea sures as may be necessary to cause tl.a~ person to be tel en leforc a rifagistr1-.tc wit-h the least possible delay.
67, (1) 'fle Memler-Src:etary or any other offi,er of the Board aut.horised by it by general or apecivl orl'er in that lelalf n1r.y, either lefcre c.r after the institution of prccel'di11go1 for any cff1 uct' punishable uLder this Act., acct'pt fron1 any person charfeJ with such cffri:ce by 'vay cf ecnlposition of the offeHce a suin not exceeding two thcus11nd rupees, as he thiLks rroper.
(2) On payment of st.ch sum, no further procecdir.gs shl'.IJ be taken against t.he said person in respect of the sa1nc offen(e.
CHAPTER XI EXTERNAL CON'fI.OL