Amendment status not verified — confirm the current text below against the official source.
Offences and penalties. – (1) Any person who – (a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of Section 5 or in contravention of any conditions imposed by an order under Section 6 or Section 7, or (b) Uses any land in contravention of the provisions of sub-section (1) of Section 11; shall be punishable [with imprisonment of either description for a term which may extend to three years, and with fine which may extend to ten thousand rupees, and in the case of continuing contravention, with a further fine which may extend to five hundred rupees] for every day after the date of the first conviction during which he is provided to have persisted in the contravention. (2) Without prejudice to the provisions of sub-section (1), the Director may, by notice, served by post and if a person avoids service, or is not available for service of notice, or refuses to accept service, then by fixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a contravention such as described in the said sub- section has been committed, and if such person fails to show cause to the satisfaction of the Director within a period of seven days, the Director may pass an order requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, within a further period of seven days. (3) If the order made under sub-section (2) is not carried out, within the specified period, the Director may himself, at the expiry of the period of this order, take such measures as may appear necessary to give effect to the order. Cost of the such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue; Provided that even before the expiry of seven days period mentioned in the order under sub-section (2), if the Director is satisfied that instead of stopping the erection or re-erection of the building or making or extending of the excavation or laying out of the means of access to a road, as the case may be, the person continues with the contravention, the Director may himself take such measures as may appear necessary to give effect to the order and the cost of such measures, shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue.] 12-A.Composition of offences. – (1) The Director or any person authorized by the Director by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act. (2) Where an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded. 12-B. Duty of police officers. – It shall be the duty of every police officer – (1) To communicate without delay to the Director or any other officer authorised in writing by him, in this behalf, any information which he receives of a design to commit or of the commission of any offence against this Act or any rules or regulations made thereunder; and (2) to assist the Director or any other officer authorised in writing by him, in this behalf, in the lawful exercise of any power vested in the Director or any other officer authorised in writing by him, in this behalf, under this Act or any rule or regulation made there under. 12.C. Power to arrest. – (1) A police Officer not below the rank of Sub-Inspector shall arrest any person who commits, in his view, any offence under this Act or any rule made there under, and on demand declines to give his name and address, or gives such name or address which such officer has reason to believe to be false. (2) The person so arrested shall, without unavoidable delay, be produced before the Magistrate authorized to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate. 12.D.Sanction of Prosecution. – No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorised by him in this behalf.