Supplemental Provisions

Power of entry

§102

Summary

(1) The Chairman or any other person who may be authorised in that behalf by the State Government may, with or without assistants or workman, enter into or upon any land in order- (a) to make any inspection, survey, measurement, valuation or inquiry, (b) to take levels, (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 marks and cutting trenches, or (f) to do any other thing, whenever it is necessary to do so far any of the purposes of this Act or any rule made or scheme sanctioned thereunder or any scheme which the Trust intends to frame thereunder; Provided as follows- (a) except when it is otherwise specially provided by rule, no such entry shall be made between sunset and sunrise; (b) except when it is otherwise specially provided by rule, no building which is used as a human dwelling shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry; (c) 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 the some part, of the premises where their privacy need not be disturbed; (d) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered. (2) Whenever the Chairman enters into or upon any land in pursuance of sub-section (1) he shall at time of such entry pay or tender payment for all necessary damages to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Trust whose decision shall be final. (3) It shall be lawful for any person authorised under sub- section (1) 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.

(1) The Chairman or any other person who may be authorised in that behalf by the State Government may, with or without assistants or workman, enter into or upon any land in order- (a) to make any inspection, survey, measurement, valuation or inquiry, (b) to take levels, (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 marks and cutting trenches, or (f) to do any other thing, whenever it is necessary to do so far any of the purposes of this Act or any rule made or scheme sanctioned thereunder or any scheme which the Trust intends to frame thereunder; Provided as follows- (a) except when it is otherwise specially provided by rule, no such entry shall be made between sunset and sunrise; (b) except when it is otherwise specially provided by rule, no building which is used as a human dwelling shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry; (c) 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 the some part, of the premises where their privacy need not be disturbed; (d) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered. (2) Whenever the Chairman enters into or upon any land in pursuance of sub-section (1) he shall at time of such entry pay or tender payment for all necessary damages to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Trust whose decision shall be final. (3) It shall be lawful for any person authorised under sub- section (1) 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.

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