Bare ActsThe Slum Areas (Improvement and Clearance Act, 1981 (Act 24 of 1981)

Section 39

Penalties

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

Penalties.-(1) Whoever fails to comply with any notice, ot·der or direction tssued or given under thb Act shall be punishable with impt i~on­ ment for a term which may extend to three month-., nr with fine which may extend to five hundred rupees, 01 with both. 168 (2) Whoever co.nmences or causes to be commenced any work in con- trav.entwn of any restriction or condition . imposed under subsection .(9) o.r section 12 or any plan for the readevelopmcnt of any clearance area shall be punishable with imprisonment for~ term which may extend to three months, • or with fine which may extend to five hundred rupees, or with both. (3) Whoever obstructs the entry of any person authoris~d under this Act to enter into or upon any buildmg or l.:tnd or molest such person after ~ such entry shitll be punishable with fine which may extend to five hundred 'W rupees. (4) Any tenant who contravenes the provisions of subsection (6) of section 21 01 ~ubsection ( l) of sectton 27 shall be punishable with imprison· ment for a term which may extend to three months, or w1th fine which may extend to five hundred rupees, or w1th both. 40 Offe"-'es by comparlie,.-, 1) If the person committing an offence under this Act is a company, evnry person who at the t1me the offence was com· mitted was in charge of, and was responsible to1 the company for the conduct of the business of-the company, ac; well as the cc)mpany, shaH be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained 1n this subsection ~hall render any • such person liable to any punishment provided in this Act jf he proves that the offence was committed without his knowledge or th..1t he exercised aU due dillgencc to prevent the commission of such offence. · (2) Notwithstanding anything containtd in subsection ( l), where an • offence under th•s Act has been c•mm1itted by a company and 1t is proved that the offence has been committed with the consent or connivance of, or is attnbutable to any neglect on the part of, any d1rector, manager, secretary or o~her officer of the c1mpany, s1:tch director, manager, secretary or other offiCt!r shall aL,o be deemed to b.! guilty of that offence and shall b.: liable to be proceeded against and punished accordingly. Expla.natzon. -For the purposes of this section, (a) ''comtJany' .m~ans a. b~:l.y corporate and includes a firm or other a~soCJ ahon of mt.i1v1duals ; and (b) 'direclor' , in relation to a firm 1 means a partner in the firm. (i) 41 . Order of demolttion of buzlding in certatn cares -Where the erection of any building has been commenced or 1s being carl'icd out 01 has been completed in contravention of any restrict!on or condition imposedfunder <' subsection (9) of section 12 or a plan tOr the re-development o any clearance area, or m contravention of any notice, order or direction issued or given undrr th•' Act, the comp~tent authority m'3.y, in addit:on to any other remedy that may be t esorted to under this Act or under any oth>!.,. law, make an order dtrecting that such erection shall be demolished by tnc owner thereof within such t1me not exceeding two months as may be specified in the order, and on the fa1lurc of the owner to comply with the • • • 169 order, the competent authority may itself cause the errction to be demolished, and the expenses of such demolition shall be recnvcr~h\c from the owner as arrrars of public revenue due on land : Provided that no such order shall be made uuless the owner has been given a reasonnblc oppm tunity of being heard.

Section 39 – The Slum Areas (Improvement and Clearance Act, 1981 (Act 24 of 1981) | DailyLaw.ai