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Section 9: Penalties

The U.P. (Regulations of Building Operations) Act, 1958State Act of Uttar Pradesh · Act 34 of 1958

(1) Any person who undertakes or carries out the development of any site or [erects reerects or makes any material change] in any building or makes or extends any excavation or lays out any means of access to a road in contravention of [any regulation made under this Act] or without the permission referred to in Section 6 in contravention of any condition subject to which such permission has been granted, [or in violation of any action taken under Sub-section (2) of Section 10 to stop erection or re-erection of an building or the execution of any work ] shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence, with a further fine which may extend to 5 hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

(2) Any person who obstructs the entry of a person authorised under Section 8 to enter into or upon any building or land or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees.

(3) If the person committing an offence under this 'Act is a company, every person who, at the time of the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, 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 provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (4) Notwithstanding anything contained in Sub-section (3) where an 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 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 also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-

For the purposes of this section- (a) 'company' means a body corporate and includes a firm or other association of individuals; and

(b) director' in relation to a firm means partner in the firm.

Where this provision sits

ActThe U.P. (Regulations of Building Operations) Act, 1958
Section9
Marginal notePenalties
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, UP Act No. 2 of 1964. Subs. by UP Act No. 2 of 1964
  • substituted, UP Act No. 41 of 1976. Subs. by UP Act No. 41 of 1976
  • inserted, UP Act No. 41 of 1976. Inserted by UP Act No. 41 of 1976

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