Amendment status not verified — confirm the current text below against the official source.
~ o u n c i l ' in clef ault -'of --'oher or occupier .,may execute works and recover expenses.- (1) Where "'by or under this Regulation, any person is required '!to execute any work or do anything and default is "'made in the execution of such work or the doing qf '/' -such thing, the Council, whether any penalty is ,a or is not provided for such default, may cause such work to be executed; and the expenaes thereby incurred shall, unless otherwiae.ex]gsesslp provided "in this Regulation, be paid to the Council by the ..~2 ,person by whom such work ought to have been '-'executed, .? and shall be recovarab~e in the same snan&r i - - as an amount cl,afmed on account of a property t a x , : ; c5 -either in one stun or by instalrneiits,'as the Council . t . . may deem fit: : -. ' . . ?C : r - crwi' . Provided that, - '_I 1 9m - dethie, [a) except as otherwise provided by or under Regulations a notice shall be i~aued~:fa'~such '"person -. , requiring'hia, to execute B U C ~ work or to do ':',such thing ; ., . .. " : > - . \ . . .a>::-\ c :$2 Ib) Where ar.y drkinage dcfierne oriwa6i;?'~ works scheme haa beed'commenaed %by any Council, It'dkaP1 - be lawful fer the Council, -wit?hou.t prejua'L@& %o ' its powers under seet$on 195 or Yny ' other, 'J provision of this Regufation, &to make a special agreement with the owner of any build$& or land as to the manner in which the drainage or ":' water copneqtion thereof shall be carried out, a4817! and the pecuniary OF i"fi-^.'otRer assistance, if PSTf* ' gnM'*any, a. ' '-which the - eoukoif shall render ; and any ., a$ -S payment agreed upon by the owner @ha11 be - 8 , recovered in accclrdance.ditR the termfi'qf ' r ~ such _ agreement or in default, in $he, manner deacri- . , 4 , , ' bed 'in sub-seBti9ns t 2 1 and ( 3) ; . ..,- I -..A# . '.. v a+ . I (4) Where* in order or requisitionk ha8 been ..." L paaikd under sub-section 1 a$ se@t%on 171, ' secti;on'- 178, sub-section 14 t or -4 12 1 - of section *'" 184 or'iindcir %eci2dm*195, 197, 282 or 283 or where TZ. q ' t ~ permibG2on hag beeh glSen under section -" 199 or . where.. an arrangement has been.made.u,nder proviso (b) of this sub-section,',the council may, without , . prejudice to .. any .other poiiers . under 'this Regulation, if it thinks fit,' decl.are any expenses incurred by the Council in the execution of such order or in the carrying out of such requisition, permission or arrangement to be improvement expenses. ~m~rovement expenses shall be a charge upon the premises or land. and shall be levied in uuch instalments as the Council may decide. including interest at the rate of seven and a half percent, per annum, and ahall be recoverable in the manner deacribed in sub-section , . (21 and (31. ,421 I f the defaulter be the owner of any building or land in respect of which he is required to execute any work or do anything, the Council may, by way of : additional remedy, whe$.her a suit or proceeding has been brought or tgken against such owner or not, require, subject-to'the provisions of sub-section ( 3 ) . , the payment of all or any part of the expenses payable by the owngr for the time being from the person who, thep, or any time thereafter, occupies thebuilding or land under such owner: and, in default of payment thereof by euch occupier on demand, the same may be levied frorr, such occupier, and every amount so'leviable shall be, recoverable in the same manner as an amount claimed on.qccount of any property tax; every such occupier -shall be entitled to'deduclt gram the rent . payable by him' to his .landlord so, d c h a s has been so paid by or recovgred frov such occupier , . in reapect , of any such expeirees. - . ( 3 ) No,occupier of:anybujlding or land shall be liable to pay more, money in respect of anyexpenses charged . by thiq Regulation. on the owner thereof, 'than. the amount of rent which is dlue from such occupier for the building or land in respect of which such expenses are gayable, at the time of the demand made upon.him, or which.at,any time after such demand and notice not to pay rent t~ the land-lord has aqcrued ~. and bec:ome payable by such occupier.. unlesg he oeglets ,,or refuses, upon application made tp him for th3t ':purpose by the Council,:., truly. to~disclose the apount of his rent. and thename and the'addreaa.of the person to whom such rent is payable, but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall be upon auch occupier : Provided that nothing herein contained shall be' taken to affect any special contract made between any nuch occupier and the owner respecting the payment of any such expensbs as aforesaid.