Any person who contravenes any provisions of this Chapter shall be punishable with fine extending to ten thousand rupees for the first conviction and for the second and subsequent convictions with fine extending to twenty thousand rupees or with imprisonment extending to six months or with both.]
CHAPTER VIII General Provisions
(53) Power of entry, survey, inspection, etc.—(1) Any Officer of the Authority authorised by it in that behalf may with or without assistance of workmen enter into or upon any premises in order--
(a) to make any inspection, survey, measurement or enquiry ;
(b) to take level ;
(c) to dig or bore into the sub-soil ;
(d) to set out boundaries and intended lines of work ;
(e) to mark such levels, boundaries and lines by placing marks and cutting trenches ; or
(f) to do any other thing necessary for the purpose of this Act or any rule or regulation made thereunder.
Provided that--
(i) no such entry into a building shall be made between sunset and sunrises;
(ii) no dwelling house or place shall be so entered except with the consent of the occupier thereof or without giving the occupier at least twenty four hours notice of the intention to make such entry ;
(iii) reasonable opportunity and facility shall be allowed to the women occupying any part of a dwelling house to withdraw ; and
(iv) due regard shall, so far as feasible, be paid to the social and religious customs and usages of the occupants of the premises entered into.
(2) Whenever any officer of the Authority authorized under subsection (1) eaters into or upon any premises in pursuance of that sub section, he shall, at the time of such entry pay or tender payment for the damage, if any, to be caused by any act as aforesaid and in case of dispute as to the sufficiency of the amount of compensation such dispute shall be referred to the Chairman whose decision thereon shall be final.
1. Inserted by Act 8 of 2009.
(3) When any person is entitled to enter into or open any premises in exercise of the powers under sub-section (1) he may also enter in similar manner into or upon any adjoining premises for any work authorized by or under this Act, or for the purpose of depositing therein any soil, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
(4) It shall be lawful for any officer authorized in this behalf by the Authority to make any entry into any place to open or cause to be opened any door, gate or other barrier,--
(a) If he considers the opening thereof necessary for the purpose of such entry, and
(b) If the owner or occupier is absent, or being present refuses to open such door, gate or barrier.
(5) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier under sub-section (4), the person authorized in this behalf shall call upon two or more persons of the locality in which the place to be entered into is situated to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(5) The officer so authorized shall in exercise of any power conferred by sub-section (4) do as little damage as may be possible and compensation for such damage shall be payable by the Authority to the owner or occupier of such premises or to both and in the case of any dispute as to the sufficiency of the amount of compensation, the dispute shall be referred to the chairman, whose decision thereon shall be final.
(54) Power to disinfect tanks, pools, wells.-(1) Any officer authorized by the Authority in that behalf may have any tank, pool or well cleaned or disinfected after notice to the owner or occupier, if any, when it appears that such cleaning or disinfection is necessary to prevent or check the spread of any dangerous disease.
(2) The cost of cleaning or disinfection referred to in sub-section (1) shall be recoverable from the owner or occupier of such tank, pool or well.
(55) Directions by the Government.—(1) In the discharge of its functions, the Authority shall be guided by such directions on questions of policy as may be given to it by the Government.
(2) If any question arises as to whether any matter is or is not a matter in respect of which the Government may issue a direction under subsection (1), the decision of the Government thereon shall be final.
(56) Annual reports, statistics and returns—(1) The Authority shall, after the end of each financial year, prepare and submit to the Government before such date and in such form as the Government may direct a report giving an account of its activities during the previous financial year and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Authority in the next financial year and the Government shall cause every such report to be laid before the State Legislature as soon as possible after it is received by the Government.
(2) The Authority shall furnish to the Government at such terms and in such form and manner as the Government may direct such statistics and returns and such particulars in regard to any proposed or existing schemes or activities of the Authority or any other matter under the control of the Authority as the Government may, from time to time, require.
(57) Duty of local bodies to assist.—(1) All local bodies shall under such help and assistance and furnish such information to the Authority and shall make available for inspection and examination such records, maps, plans, and other documents as it may require to discharge its functions under this Act.
(2)Without prejudice to the other provisions of this Act and notwithstanding anything contained in any other law for the time being in force under which any local body is constituted, the Government may give to any local body such directions as in its opinion may be necessary or expedient for enabling the Authority to perform its functions under this Act and thereupon it shall be the duty of the local body to comply with such direction.
(58) Protection of acts done in good faith.--No suit, prosecution or other legal proceedings shall lie against the Government, the Authority or the Chairman, the Managing Director or other member of the Authority or any officer or servant of the Government or of the Authority for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rule or regulation made thereunder.
(59) Members, Officers and Servants of the Authority to be public servants.--The Chairman, Managing Director, members, officers and servants of the Authority shall be deemed when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation made thereunder to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the Prevention of Corporation Act, 1947 (Central Act 2 of 1947).
CHAPTER IX Penalties and Procedure
(60) General penalty.— 1[(1) Whoever, in any case in which a penalty is not expressly provided by this Act or any rule or regulations made thereunder, contravenes the provisions of this Act or any rule or regulation made thereunder or fails to comply with any notice, order or requisition issued under this Act or any rule or regulation made there under shall be punishable with fine which may extend to 2[three thousand rupees] and in the case of a continuing failure or contravention, with an additional fine which may extend to 3[one hundred rupees] for every day on which such contravention or failure continues after the first conviction.]
4[(2) All fines imposed under this Act or any rule or regulation made thereunder shall on realization be credited to the fund of the Authority.]
(61) Offences by Companies:-(1) If the person committing any offence under this Act is a company, as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence 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, if he proves that the offence was committed without his knowledge, or that he exercised all the diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any 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 that the commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the Company, such Director, Manager, Secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purpose of this section—
(a) 'company' means any body corporate and includes a firm or other association of individuals ; and
(b) 'director' in relation to a firm, means partner in the firm.