(1) When a person, by reason of his receiving, or being entitled to receive, the rent of immovable property as trustee or agent of a person or society would, under this Act, be bound to discharge an obligation imposed by this Act on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligations unless he has, or but for his own improper act or default might have had, in his hands funds belonging to the owner sufficient for the purpose.
Procedure upon opposition to execution by occupier.
Recovery of cost of work by occupier.
Recovery of expenses of removal.
Relief to agents and trustees.
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(2) When an agent or trustee has claimed and established his right to relief under this section, the trust may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which come to his hands on behalf or for the use of the owner, and should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.
92. If any person, without lawful authority—
(a) removes any fence, or any timber used for propping or supporting any buildings, wall or other thing, or extinguishes any light set up at any place where the surface of a street or other ground has been opened or broken up by the trust for the purpose of carrying out any work; or
(b) infringes any order given, or removes any bar, chain or post fixed by the trust for the purpose of closing any street to traffic, he shall be punishable with fine which may extend to five hundred rupees.
93. If any person, without the permission of the trust erects, reerects, adds to or alters any buildings so as to make the same project beyond a street alignment or building line specified by the trust or erects, re-erects, adds to or alters any building in contravention of sections 34 or 35, the chairman may, by a written notice,—
(a) direct that the building, alteration or addition be stopped;
and
(b) require such building, alteration or addition to be altered or demolished as he may deem necessary.
94. If any person—
(a) obstructs, molests any person with whom the trust has entered into a contract in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act, shall be punishable with fine which may extend to two thousand rupees or with imprisonment for a term which may extend to two months.
Penalty for removing fence in street.
Power to prevent or demolish building in contravention of sections 34 and 35.
Penalty of obstructing contractor or removing mark.
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CHAPTER XI SUPPLEMENTAL PROVISIONS
95. Every trustee, and every officer and official of the trust, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).
96. The trust shall be liable to pay such contributions for the leave allowances, gratuity and pension of any official of the State Government employed as chairman or as an officer or official of the trust, as may be required by the conditions of his service under the State Government to be paid by him or on his behalf.
97. Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act, except on the complaint of or upon information received from the trust or some person authorised by the trust by general or special order in this behalf.
98. The chairman may, subject to the control of the trust—
(i) institute, defend or withdraw from legal proceedings under this Act;
(ii) compound any offence as may be prescribed;
(iii) admit, compromise or withdraw any claim made under this Act; and
(iv) obtain such legal advice and assistance as he may from time to time deem it necessary or expedient to obtain, or as may be desired by the trust to be obtained, for any of the purposes referred to in the foregoing clause of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the trust or any officer or official of the trust.
99. No suit or other legal proceedings shall lie against the trust, or any trustee, or any officer or official of the trust, or any person acting under the direction of the trust or of the chairman or of any officer or official of the trust for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or rules or regulations made thereunder.