(1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this Act, the Commissioner may by an order, require the said occupier to permit the owner, within eight
(8) days from the date of service of such order, to execute all such works as may be necessary.
(2) Such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable, by reason of default, in executing such works.
Notice of prohibition or setting apart of places.
Method of serving documents.
Recovery by occupier of sum leviable, from owner.
Obstruction of owner by occupier.
186 [Act No. 11 of 2019] Execution of work by occupier in default of owner.
Power of entry to inspect, survey or execute the work.
Consequences of failure to obtain licenses or of breach of the same.
262. If the owner of any building or land fails to execute any work, which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made under it, the occupier of such building or land may, with the approval of the Commissioner execute the said work and shall be entitled to recover, from the owner, the reasonable expenses incurred in the execution thereof, and may deduct the amount thereof from the rent, then or thereafter, due by him to the owner.
POWERS OF ENTRY AND INSPECTION
263. The Commissioner, or any person authorized by him, on this behalf may enter into or on any building or land, with or without assistants or workmen, in order to make any enquiry, inspection, test, examination, survey, measurement, or valuation, or for the purpose of lawfully placing or removing pipes or meters, or to execute any other work, which is authorized by the provisions of this Act or of any rule, bye-law, regulation or order made under it, or which it is necessary, for any of the purposes of this Act, or in pursuance of any of the said provisions, to make or execute any work in the manner prescribed.
POWER TO ENFORCE LICENSING PROVISIONS.
264. If, under this Act or any rule, bye-law or regulation made under it, the license or permission of the Commissioner or other officer of the Municipality, or registration in the municipal office is necessary for the doing of any act, and if such act is done without such license or permission or registration, or in a manner not consistent with the terms of any such license or permission, then action shall be taken against the person responsible in the manner prescribed.
[Act No. 11 of 2019] 187 PAYMENT OF COMPENSATION BY AND TO THE MUNICIPALITY
265. If in any case, not otherwise expressly provided for in this Act, the Commissioner may, with the approval of the Government pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, officer or servant of any of the powers vested in them by this Act or any other law, or by any rule, bye-law or regulation made under it.
266. All costs, damages, penalties, compensation charges, fees, other than school fees, expenses, rents, contributions and other sums, which, under this Act or any other law or rules or bye-laws made thereunder or under any contract in respect of water supply or drainage, made in accordance with this Act, the rules or bye-laws, are due by any person to the Municipality, shall be deemed as a bill payable to the Municipality and shall be recovered as per the rules prescribed under this Act.
267. Notwithstanding any provisions provided under any law for time being in force, no distraint shall be made, no suit shall be instituted, and no prosecution shall be commenced in respect of any sum due to the Municipality under this Act, after the expiration of a period of seven years from the date on which distraint might first have been made.
268. Subject to the provisions of section 267, no person shall be tried for any offence against the provisions of this Act, or of any rule or bye-law made under it, unless the complaint is made by the Commissioner or by a person expressly authorized in this behalf by the Municipality to the Judicial First Class Magistrate who has jurisdiction over the Municipality. The Judicial First Class Magistrate shall take cognizance as per the provisions of the Code of Criminal Procedure, 1973, in regard to the powers of the Magistrates Power of Municipality to pay compensation.
Recovery of sums due as taxes.
Limitation for recovery of dues.
Persons empowered to prosecute.
Central Act 2 of 1974.
188 [Act No. 11 of 2019] Imprisonment in default of payment and application of costs etc.
Payment of compensation for damage to municipal property.
to take cognizance of offences upon complaint received from the Commissioner or the person authorized by him:
Provided that failure to take out a license, obtain permission or secure registration under this Act shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the license, permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.