Amendment status not verified — confirm the current text below against the official source.
(1) Where, under this Act, .he own,cr of Occupier of property is required by the commirree t~:e&cute any work and default has been made in cornplying with h e requirement, and the committee has executed the work, the cornmineemay recover h e cost of the work from ~hcperson in default. , < , . . . . , ,. . (2) A; bbtween thetnklves and the cqrnrnitree both owner and occupier shalI be deemed to be in dafaul t for the purposes of this section, but that one of them shall be deemed to be primarily in default upon whom, as between I adlord and lcnant, the duty of doing the required act would properly fall either in pursuance'of the contract of tenancy or by law. Penalty for disobedience of orders of cornminees. Compensalion for damage. Power of comrnirtee in rhe event of oon- complaince. Penalty for obsmrction. ,Recovery of cos1s of execurion. 174 MUN~CIPAL I1973 : Haryana Act 24 (3) When the person prjmarily in default is the owner, and the committee has recovered the whole or any part of the cost from the occupier, or he.has paid the same upon its demand, he may deduct the sum so recovered or paid from the rent from time to time becoming due from him to fcle owner. or othenvise recover it from such owner : , . : ' provided that no occupier shall be required to pay under sub- section (3) an) sum' greater than the amount for the lime being due from him to the owner, either in &ect of rent due at the date of such demand as'aforesaid or thereafter accruing, unless he has refused on demand by the committee truly to disclose rhe amount of his rent and \he name and address of the pcrson to whom it is payable; but the burden of proof that I : the sum so deinandid by the committee from the otcupier exceeds the rent dud a! the-timd of the demand, or which has since accrued due, shall , " , , . Iie on, r& occipicr. . . " , - , I ! . . (4) All money recoverable by a committee under this section may be,recovered on application to a Magistrate having jurisdiction within the municipality, by distress and sale of the movable property or the person from whom the money 'is recoGerable,' and if payable by the owner or the .~propefly!shall, untill,it is paid, be a charge an the property. (5) Nothing in this section shall affect any contract between an owner and in occupier. . . - (6) Where under section 119 or ,section 120 the committee hh exe&iediny&ork, the cost thereof 'ma$ be recpvered'frorn the owner b i &cupi& .,. in"&nnection . I < kith work-hok yndei section 1 19, and from the &her in connection *ith work done under sect& 120, in the manner herein provided for the recovery of the cost of work from a defaulting owner or occupier and subject to the provisions herein contained. Relicf to agenrs . 238. .(I) When any peson,- by reason of his receiving, or being and uusrees- enti tied to receive the'rent of immovable property as agent or trustee of a person or society, would under this Act; be bound to discharge any obligation imposed by this Act o n the owner of the property for the discharge of which money is required, he shaII not be bound to discharge rhe obligation unless he has, or but for his own improper act or default might have had, in his hand'funds belonging to the owner suficient, for the purpose. . , (2) The burden of proving the fact cntitljng an agent or trustee to relief under this section shall ~ i k on him. 1973 : Baryaaa Act 24 I M~INIcvAL ' 175 (3) When any agent or mstee has claimed'antt dstabliihed his right to relief under-this section, thc-committee may give him notick to apply to the discharge of such obligation as aforesaid the fidt moneys whch shall, come to his hands on behalf.&for the use ofthe,owri'er, and should he fail to comply with suchnbtice,-he shall' be-deemed-to be - 'personalIy, liable to discharge such obligation. . ,,, , , , ., .. < . - , . , ' I : , : , I l i . , . , Puymenl of . compe~wation: . by (It e committee., , . .am !