(1) Whoever fails to comply with any notice, ot·der or direction tssued or given under thb Act shall be punishable with impt i~on ment for a term which may extend to three month-., nr with fine which may extend to five hundred rupees, 01 with both.
168
(2) Whoever co.nmences or causes to be commenced any work in con trav.entwn of any restriction or condition . imposed under subsection .(9) o.r section 12 or any plan for the readevelopmcnt of any clearance area shall be punishable with imprisonment for~ term which may extend to three months, • or with fine which may extend to five hundred rupees, or with both.
(3) Whoever obstructs the entry of any person authoris~d under this Act to enter into or upon any buildmg or l.:tnd or molest such person after ~ such entry shitll be punishable with fine which may extend to five hundred 'W rupees.
(4) Any tenant who contravenes the provisions of subsection (6) of section 21 01 ~ubsection ( l) of sectton 27 shall be punishable with imprison· ment for a term which may extend to three months, or w1th fine which may extend to five hundred rupees, or w1th both.
40 Offe"-'es by comparlie,.-, 1) If the person committing an offence under this Act is a company, evnry person who at the t1me the offence was com· mitted was in charge of, and was responsible to1 the company for the conduct of the business of-the company, a c; well as the cc)mpany, shaH be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained 1n this subsection ~hall render any • such person liable to any punishment provided in this Act jf he proves that the offence was committed without his knowledge or th..1t he exercised aU due dillgencc to prevent the commission of such offence.
· (2) Notwithstanding anything containtd in subsection ( l), where an • offence under th•s Act has been c•mm1itted by a company and 1t is proved that the offence has been committed with the consent or connivance of, or is attnbutable to any neglect on the part of, any d1rector, manager, secretary or o~her officer of the c1mpany, s1:tch director, manager, secretary or other offiCt!r shall aL,o be deemed to b .! guilty of that offence and shall b.: liable to be proceeded against and punished accordingly.
Expla.natzon. -For the purposes of this section,
(a) ''com tJany' .m~ans a. b~:l.y corporate and includes a firm or other a~soCJahon of mt.i1v1duals ; and
(b) 'direclor' , in relation to a firm1 means a partner in the firm. (i) 41 . Order of demolttion of buzlding in certatn cares -Where the erection of any building has been commenced or 1s being carl'icd out 01 has been completed in contravention of any restrict!on or condition imposedfunder <' subsection (9) of section 12 or a plan tOr the re-development o any clearance area, or m contravention of any notice, order or direction issued or given undrr th•' Act, the comp~tent authority m'3.y, in addit:on to any other remedy that may be t esorted to under this Act or under any oth>!.,.
law, make an order dtrecting that such erection shall be demolished by tnc owner thereof within such t1me not exceeding two months as may be specified in the order, and on t he fa1lurc of the owner to comply with the • • • 169 order, the competent authority may itself cause the errction to be demolished, and the expenses of such demolition shall be recnvcr~h\c from the owner as arrrars of public revenue due on land :
Provided that no such order shall be made uuless the owner has been given a reasonnblc oppm tunity of being heard.
42. Force to be ustd where necessary -For the exercise of the powers under sections 29, 30, 31, 32, 33, 34, 35 or 41, the CtJmpctc-nt a uthority or the person authorised by it may usc such min imum force ns may be reasonably necessary.
43 . Prevzous sanction of competent fJuth rtlJ' or officlt aulhou'red by it Jot prosecution. - No pro!ecution for any offence punishable under t l1is Act shnll be instituted except with the previous sanction in writing of tile competent authority 01 an officer autborised by it in this behalf 44- . Powtr to delegate.-The competent authority may, hy otd(r 1n writing, direct that any power excrc•sablc by it under this Act m<1y also be exercised, in such cases and subject to such conditione;, if any, as may be specified in tht! orde1, by such officer or local authority as may he mentioned therein.
45. Protect1on of action take11 l1l good faith - ( I) No ~ui t, proc;ecution, or other legal proceedings shall lie against the Gov<:rnmcnt or the competent authority or any local authotity or person for nnything which is in good faith done or intended tO be done in pursll.lllCC OJ' any ot the provisions of thi.i Act or any rule or order made thereun(leJ .
(2) No suit OJ' other legal procced mgs shall JJe against 1 he Gnvern ment or the competent authority or any local authority or person for any damage caused or likely to be caused by anything wh1c-h is in good fai1h done or intended to be done in pursuance ot any of the provisions of this Act or any rule ot orJer made thereunder.
46 . Bar of jurisdution-Save c1s otherwise expressly pt·ovjdcd in tit :s Act, no civil court ~hall have jurisdiclioll ifl respect of any matter which any author1ty or person 1S empowered by or under this Act to determine and no injunction shall be granted by .1ny court or otJter authority in respect of any action taken or to be t:lken in pursu.mcr of any power conferred by or under this Act.