Bare ActsThe Gauhati Municipal Corporation Act, 1969

Section 379

Amendment status not verified — confirm the current text below against the official source.

The Commissioner or any municipal employee authorised or empowered in this behalf bv or under any provision of this Act, may at all reasonable hours enter into or upon any land or building with or without assistants and workmen for the purpose of— (a) ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of the Act or any rule or bye-law made thereunder; (b) ascertaining whether or not circum­ stances exist which would autho­ rise or require the Commissioner or any municipal employee authorised or empowerd in this behalf to take any action or execute any work under this Act or any rule or bye­ law made thereunder ; (c) taking any action or executing any work authorised or required by this Act or any rule or bye-law made there­ under ; 201 (d) any inquiry, - inspection examination, measurement, valuation or survey authorised or required by or under this Act or necessary for the proper administration of this A ct; and (e) efficient discharge of the functions generally by any of the municipal authorities under this Act or any rule or byc-law made thereunder. Power to 380.(1) The Commissioner or any person autho- oxter adjoin-r jgec] jn this behalf by him or empoweved in this behalf relation (• o r U n(*c r a n Y provision of this Act, may enter on any w®rk. any land within fifty yards of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes c®n- n««ted with the execution of the same. (2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or oecupier there­ of, fence off so much of the land as may be required for such purposes (3) The person so authorised shall, in axarcising any power conferred, by this section, do as little damage as possible and compensation as assessed by the Commissioner shall be payable by the Corporation in accordance with rules and bye-laws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent ®r temporary. Breaking 381.(1) It shall be lawful for the Commissioner ,lt0- or any person authorised or empowered in this behalf by or under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier, if:— (a) he considers the opening thereof necessary for the purpose of such entry ; and (b) the owner or occupier is absent or being present refuses to open such door, gate or barrier. (2) Before making any entry into any such place or opening or causing to be opened any such door, gate or Other barrier, the Commissioner or the person authorised or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated t® witness the entry or opening and may issue an •rd®r i® writiag 1® tk®m or anv ®f them s® ta do. i 202 (3) A report shall be made to the Standing Com­ mittee as soon as may be after any entry has betn made into any place or any door, gate or other barrier has been opened under this section. Time of 382.(1) Save as otherwise provided in this Act or * akin®t' n' a n y r u ’e o r bye-law made thereunder, no land or buil- ' ding shall be entered without the consent of the occu­ pier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupiers as the case may be not less than twenty-four hours written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises, godown or a place used for any of the purposes specified in section 373 or a stablb for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any rule or bye-law made thereunder. 4 k (2) When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing. tiot/of ob3-

Section 379 – The Gauhati Municipal Corporation Act, 1969 | DailyLaw.ai