(1) The Chief Town Planner or an officer authorised by him or any officer authorised in this behalf by the Board orthe Authority, as the case may be, may enter into 01' upon any land or building with or without assistants or workmen within the area under their respective jurisdiction under this Act for the purpose of -
(a) making an enquiry, inspection, measurement or survey ortaking levels or photographs of such land or building;
(b) setting out boundaries and intended lines of works;
(c) making such levels, boundaries and lines by placing marks and cutting trenches;
(d) examining works under construction and ascertaining the course of sewers and drains; .
(e) digging or boring into the sub-soil;
(f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations made thereunder; and
(g) dOing any other thing necessary for the efficient administration of this Act:
Provided that-
(i) in the case of any building used as a dwelling house or upon any enclosed part of garden attached to such a building, no such entry shall be made without the consent of the occupier thereof. If no consent is given, entry can be made by giving Service of notice etc.
such occupier atleast twenty-four hours notice in wirting of the intention to enter;
(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from the land or the building;
(iil) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the land or building entered.
(2) The powers of the Chief Town Plannerorthe Board under sub-section (1) shall extend to the whole of the State of Sikkim and the powers of the Authority under sub-section (1) shall extend to its development area and such other area which the Government may have directed to be included in a development plan.
(3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such person, after such entry, shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to three thousand rupees, or with both.