(1) If after receiving information of the intention of owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses .
to· 'allow such_owner to take action, the owner may apply to the District ·Magistrate or the Sub-Divisional Magistrate, as the case may be.
(2) The District Magistrate or the Sub-Divisional Magistrate upon proof of such refusal, may make an order in writing requiring
67. (1) When a Plan or a Scheme has been approved under this Act any person who commits or knowingly permits a breach of any specified provisions of the Plan or the Scheme, or who neglect or fails to comply with, any such provisions shall be punishable under this Section.
(2) In case of any such breach or default, the Authority shall send to any such person a notice calling on him to discontinue the breacb or cause it to be discontinued or to comply with such provision of the Plan or the Scheme within a time to be specified in the notice.
(3) If the person, after the lapse of the time specifiedin the notice under sub-section (2), continues to neglect or to cause a breach of any specifiedprovisions of the Plan or of the Scbemt!, such persons shall be prosecutedand, on conviction by a Magistrate, be punishable notwithstanding anything contained in section 45.,
(i) with fine which may extend to Rs. 500/-
(ii) if the breach. neglect or failure continues after such convic tion, with fine which may extend to Rs. 30 fer every day during which the breach, neglect or failure continues after such conviction.
Penaltv for obstructing contractor or removing mark.
t)ffice:s coder the Act to be Public ser vant (15 of 1860), Authority for prosecu · tion.
Offences compound able.
Power 10 re cover dues & fines as arre ar of land revenue, 26 the occupier tJ allow the owner to execute all such works. with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay the own the cost relating to such application or order.
(3) If after the expiry of eight dav s from the date of the Magistrate's order, the occupier continue; ro refuse t.; allow the owner to execute such work, the pCcup:e, shall be liable, upon conviction, to a fine which mav extend t,' Rs. 30 - for everv dav during which he has so continu?d to refuse.
· •
(4) Every owner, during the continuance of such refusal, shall l:::e discharged from any liability on account ,,:· such breach or default.
71. Whoever :-
(a) obstructs or assaults any person with whcrn the Authority bas entered into a contract ior ir;e execution of anv Plan er Scheme or anything connected i::·.erewith or incidental there to, or for doing anything \\ rich he is empowered or required to do under this Act, 0,
(b) removes any mark set up for the purpose of indicating any level or direction necessary h' the execution of works authorised under this Act, shall be p:.:nishable with simple impri sonment for a term which mav extend to two months or with fine which may extend to Rs. )G[I - or with both.
72. Every Officer and serv ant of the A uthcrity and every other officer employed by the State Gc\ernment fer the pur pc ses of this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, t StO.
73. 1 [ (l I No court inferior to the court of a Judicial M agis .trate 1st Class shall take cognizance of an offence under this Act.]
2[(2)] 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 Authority or some person authorised by the Authority by orders in this behalf.