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Section 80: Power of entry

The Jodhpur Development Authority Act, 2009State Act of Rajasthan · Act 2 of 2009

(1) The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Jodhpur Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into upon any land or building for the purpose of -

(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;

(b) examining works under construction and ascertaining the course of sewers and drains;

(c) digging or boring into the sub-soil;

(d) setting out boundaries and intended lines of works;

(e) making such levels, boundaries and lines by placing mark; and cutting trenches;

(f) ascertaining whether any land is being or has been developed in contravention of any plan or without the permission or in contravention of any condition subject to which such permission has been granted under this Act; or (g) doing any other thing necessary for the efficient admission of this Act:

Provided that -

(i) no such entry shall be made except between the hours of sunrise and sunest and without giving reasonable notice at least of twenty-four hours to the occupier, or if there be no occupier, to the owner of the land or building;

(ii) sufficient notice shall in every instance be given even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed; and

(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, the social and religious usages of the occupants of the premises entered.

(2) It shall be lawful for any person authorised under sub-section (I) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier -

(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and

(b) if the owner or occupier is absent or, being present, refuses to open such door, gate or barrier.

Where this provision sits

ActThe Jodhpur Development Authority Act, 2009
Section80
Marginal notePower of entry
JurisdictionState of Rajasthan
StatusIn force as published by the source

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