Amendment status not verified — confirm the current text below against the official source.
If a notice has been given under this Act to a person requiring him to execute a work in respect of ’9 any property, moveable or immoveable or to provide vl!’ or"do or refrain from doing anything with in a time specified in the notice and if such person fails to comply with such notice, then the Authority may caused such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from lhe said person as an arrear of land revenue. to Power execute works failure comply with notice. on Power to 37 (]) Where any development in any areas has ment'lc ° O|"been commenced in contravention of the Master Plan or Development Scheme or without the permis sion, approval or sanction referred to in Section 25 and Section 30 or in contravention of any conditions subject to which such permission, approval or sanc tion has been granted, the Authority may, in addilion 944 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 to any prosecution that may be instituted under this Act make an order requiring the development to be discontinued on and from the date of the service of the order and such order shall be complied with accordingly. (2) Where such development is not disconti nued in compliance with the order under sub-section (1) the Authority may require any Police Officer not below the rank of Sub-Inspector of Police to remove the person by whom the development has been com menced including all his assistants and workmen from the place of development within such time as may be specified in the requisition and such Police Officer shall comply with the requisition accordingly. (3) After the requisition under sub-sectiori (2) has been complied with, the Authority may depute by a written order a Police Officer or an Officer or an employee of the Authority to keep a -watch on the place to ensure, that the development is not continued. (4) The provision of this section shall be in addition to and not in derogation of, any other pro vision relating to stoppage of building operations contained in any other law' for the time being in force. Power of de- 88. (i) Where any development has been com- building. menced or is being Ccirned on or has been com- pleted in contravention o£ the Master Plan or Development Scheme or without the permission approval or sanction referred to in Section 25 and Section 30 of the Act or in contravention of any conditions subject to which such permission, approval or sanction has been granted the Autho rity may in addition to any prosecution that may be instituted under the Act make an order direc ting that such development shall be removed by demolition, filling or otherwise by the owner, occupier, manager or by any person at whose’in stance the development has been commenced or is being carried-out or has been completed within such period not being less than five days and moiv than thirty days from the date on which a copy THE A55AM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1987 945 of the order of removal with brief statement of the reasons thereof has been delivered to the owner, occupier and manager or the peison at whose instance the development has been com menced or is being carried out or has been com pleted as may be specified. in the order and on his failure to'com ply with the order, the Authci iy may remove 01 cause to be removed the develop ment and the expanses of such removal shall be recovered from the owner, occupier, manager or any person at whose instance the development was commenced was being carried out or was com pleted as arrears of lar.d revenue provided that no such order shall be made unless the ownet, occupiei. manager o. the person concerned has been given a reasonable opportunity to show cause why the order shall not be made. (PJ The provisions of fhis Section-shall be in addition to and not in derogation of/any °tht ■■ provision relatn.g to demolition of buildings contained in any other law for the time being in force. (3) No. compensation shall be claimed by any person for any damage which he mav sustain in consequence of the removal of any development under this Section or the discontinuance of the development under Section 87 of this Act. <o< ^9- When default is made by the owner of a v' .h,, building or land in the execution of any work re- ln. <* l';< *’f quired under this Act to be executed by him, the occupier of such building or land may, with the prior approval of the Authority cause such works to be executed, and the expenses thereof shall, in the ab sence of any contract to the contrary, be paid to him by the owner, or the amount mav be deducted out of the rent from time to time becoming due firm him <0 such owner. ’>0 (|) If after rccei'iiw information of the irten- ; ’ ■ri live of the owner of any building or land to lake ’ anv action in respect thereof in compliance with a 946 T H E ASSAM G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14,1987 notice issued under this \ct. the occupier refuse io allov/ such owner to take action, the owner, may apply to the District Magistrate. (2) The District Magistrate upon proof of such refusal, may make an order in writing requiring the occupier to allow the owner to execute ail such works, with respect to such building or land, as'may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or ordei. (3) If after the expiry of eight days from the date of the Magistrate's order, the occupier conti nues to refuse to allow the owner to execute such work, the occupier shall be Hable, upon conviction to a fine which may extend to rupees two hundred lifty for every day during which he has so continued to refuse. (4) Every owner, during the continuance ofsuch refusal shall be discharged from any liability on acco unt of such breach or default. Rest°v'fw °f When the occupier of a building or land in sy’ih'- X - compliance with a notice issued under this Act pier- executed a work for which the owner of such buil ding or land is reasonable, either in pursuance of the contract of tenancy or by law, he shall in the absence of any contract to the contrary, be entitled to re cover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work. Penally lot obMivcting’ ontraf lor or . eceiving work.