Power of entry

§10

Summary

(1) Where any case of default or contravention committed or made against the provisions of this Act comes to knowledge of the corporation, any officer of the Corporation authorized in this behalf may, with or without assistants or workmen, enter into or upon any land or building for purposes of,- (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building; (b) examining works under construction and ascertaining the course of sewers and drains; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended lines of the works; (e) making such levels, boundaries and lines placing mark, and cutting trenches; (f) ascertaining whether any land is being or has been developed in contravention of any plan or without the permission or in contravention of any condition subject to which such permission has been granted under this Act; or (g) doing any other thing necessary for the efficient administration of this Act: Provided that 1) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice atleast of twenty four hours to the occupier, or if there be no occupier, to the lessee of the land or building; 2) sufficient notice shall in every instance be given to enable the inmates of any apartment appropriated to females to shift to such part of the premises where their privacy may not be disturbed; and 3) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is mad, to the social and religious usages of the occupants of the premises entered. (2) 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 the considers the opening thereof necessary for the purpose of such entry, inspection or search, and (b) if the lessee or occupier is absent or, being present, refuses to open such door, gate or barrier.

(1) Where any case of default or contravention committed or made against the provisions of this Act comes to knowledge of the corporation, any officer of the Corporation authorized in this behalf may, with or without assistants or workmen, enter into or upon any land or building for purposes of,- (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building; (b) examining works under construction and ascertaining the course of sewers and drains; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended lines of the works; (e) making such levels, boundaries and lines placing mark, and cutting trenches; (f) ascertaining whether any land is being or has been developed in contravention of any plan or without the permission or in contravention of any condition subject to which such permission has been granted under this Act; or (g) doing any other thing necessary for the efficient administration of this Act: Provided that 1) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice atleast of twenty four hours to the occupier, or if there be no occupier, to the lessee of the land or building; 2) sufficient notice shall in every instance be given to enable the inmates of any apartment appropriated to females to shift to such part of the premises where their privacy may not be disturbed; and 3) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is mad, to the social and religious usages of the occupants of the premises entered. (2) 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 the considers the opening thereof necessary for the purpose of such entry, inspection or search, and (b) if the lessee or occupier is absent or, being present, refuses to open such door, gate or barrier.

← Previous Section

Explore this Chapter