(1) Any person aggrieved by an order of the Estate Officer made APPeal and under section 9 or section 10 may, within a period of thirty days of the date of revision.
communication to him of such order, prefer an appeal to the Chief Administrator in such form and manner as may be prescribed:
Provided that the Chief Administrator may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing 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 other order as he deems fit.
(3) The Chief Administrator may, either of his own motion or on an a.aali cation received in this behalf, at any time call for the record of any proceeditta pending or in which the Estate Officer has passed an order for the parpase of satisfying himself as to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit:
1
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 a period of thirty days of the date of communication to him of such decision, make an application in wilting to the State Government for revision against the said decision; and the State Government may confirm, vary or reverse the decision of the Chief Administrator and may pass such other order as it deems fit :
Provided that the State Government may entertain the application for revision after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the said application in time.
12. Any person Who contravenes the provisions of sub -section (2) of section 4 or section 6, shall, on conviction, be punishable with fine which may extend to one thousand rupees and to a further fine which may extend to fifty rupees for each day during which the offence is proved to have continued:after the first conviction.
13. Except as otherwise provided for in this Act, any contravention of any of the rules made thereunder shall be punishable with fine which may extend to one thousand rupees, and in the case of a continuing contravention, with an additional fine whichmay extend to fifty rupees for each day during Penalty for contravention of directions, etc.
Penalty for breach of rules.
742 HARYANA GOVT GAZ. (EXTRA.), SEPTEMBER 30, 1974 • (ASVrNA 8, 1896 SAKA) 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 Slate Government.
illustration.—Where an unauthorised structure has been constructed or any obnoxious material or substance is collected or heaped on an industrial plot or factory building in an unauthorised manner, such structure, material or substance shall be liable to forfeiture and not the industrial plot or factory building on which the same may be located:
Provided that if the erection or re-erection.of a factory building is begun or a factory building is erected or re -erected in contravention of any of the factory building rules, the Slate Government shall be competent to require the factory building to be altered or demolished by a written notice delivered to • the owner thereof within a period of six months of the erection or re -erection of its having be7,un or having been compIrted, 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 State Government shall be competent to demolish the said building at the expense of the owner :
Provided further that the State Government may, instead of requiring the alteration or demolition of any such factory building, accept by way of composition, such sum as it may deem reasonable.
pbwer or entry on industrial Plots or 14. The State Government may authorise any person after giving factory buildings, twenty-four hours notice to the occupier or if there be no occupier to the owner of any, industrial plot or factory building, at any time between sunrise and sunset—
(a) to enter upon and to survey, and to take levels or measurements of any industrial plot or factory building;
(1s) to enter into any factory 'building or on any industrial plot for the purpose of examining works under construction or of ascertaining the course of sewers or drains; or
(e) to enter into any factory building or on any land for the purpose of ascertaining whether any factory 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 take such measurements and do any other such acts as may be deemed necessary for such purposes.
Procedure for pro- 15. No court shall take cognizance of any offence punishable under this seeution. Act or any rule made thereunder except on the complaint of, or upon information given by, any person authorised by the State Government in this behalf.
Bar of jurisdiction. 16. No court shall have jurisdiction to entertain any suit in respect of any proceedinp for the recovery of any arrears or penally under section 9 or section 10 or in respect of the resumption of any industrial plot or factory building under section 10, or forfiture of any money under section IP, or in respect of any proceeding arising out of breach or non -observance of the terms and conditions of the deed of transfer, or in respect of any ordi r made • by the State Government or any other authority in the exercise of any power . conferred by or under this Act. • itARYANA GOVT GAZ. (EXTRA.), SEPTEMBER 30, 1974 • 74.1 (ASVINA 8, 1896 SAKA)