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Section 81: Power of entry, survey et

The Uttar Pradesh Water Supply and Sewerage Act, 1975State Act of Uttar Pradesh · Act 43 of 1975

(1)- Any officer of the Nigam or a Jal Sansthan authorised by it in that behalf may, with or without assistants, or workmen, enter into or upon any premises in order -

(a) to make any inspection, survey, measurement, valuation or inquiry;

(b) to take level;

(c) to dig or bore into the sub-soil;

(d) to set out boundaries and intended lines of work;

(e) to mark such levels, boundaries and lines by placing marks and cuttings trenches; or

(f) to do any other thing necessary for the purposes of this Act or any rule or regulation or bye-law :

Provided that -

(i) no such entry into a building shall be made between sunset and sunrise;

(ii) no dwelling house or place shall be so entered, except with the consent of the occupier thereof, without giving the occupier at least twenty-four hours notice of the intention to make such entry;

(iii) reasonable opportunity and facility shall be allowed to the women occupying any part of a dwelling house to withdraw; and

(iv) due regard shall, so far as feasible, be had to the social and religious usages of the occupants of the premises, entered into.

(2)- Whenever any officer of the Nigam or a Jal Sansthan authorised under subsection (1) enters into or upon any premises in pursuance of that sub-section he shall, at the time of such entry pay or tender payment for the damage, if any, to be caused by any act as aforesaid and in case of dispute as to the sufficiency of the amount of compensation, such dispute shall in the case of Nigam be referred to the Chairman of the Nigam and in the case of a Jal Sansthan be referred to the Chairman of the Jal Sansthan.

(3)- When any person is entitled to enter into or upon any premises in exercise of the powers under sub-section (1) he may also enter in similar manner into or upon any adjoining premises for any work authorised by or under this Act or for the purpose of depositing therein, any soil, grindstone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.

(4)- It shall be lawful for any officer authorised in this behalf by the Nigam or a Jal Sansthan to make any entry into any place to open or cause to be opened any door, gate or other barrier -

(a) if he considers the opening thereof necessary for the purpose of such entry; and

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

(5)- The officer so authorised shall, in exercise of any power conferred by sub-section (4) do as little damage as may be possible and compensation for such damage shall be payable by the Nigam or a Jal Sansthan, as the case may be, to the owner or occupier of such premises or to both, and in case of any dispute as to the sufficiency of the amount of compensation, the dispute shall in the case of the Nigam be referred to the Chairman of the Nigam and in the case of a Jal Sansthan be referred to the Chairman of the Jal Sansthan.

Where this provision sits

ActThe Uttar Pradesh Water Supply and Sewerage Act, 1975
Section81
Marginal notePower of entry, survey et
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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