Bare ActsThe KERALA WATER SUPPLY AND SEWERAGE ACT, 1986

Section 53

Power of entry, survey, msP_ectwn, rtc

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

Power of entry, survey, msP_ectwn, rtc.-( I) . Any olllcer of the Authority authorised by 1t in that behalf may w1th 01 Without as~1stance ofw01kmcn enter into or upon any premises in ordel- (~) to make any impcction, ~urvey, mea~urement or enqu1ry; (b) to take level ; (c) to d1g or bore into the sub-soil ; (d) to. set out boundaric~ and mtended lines of work ; (e) to mark such levels, boundanes and lmes by placi11g marks ~nd cutting trenches, or _ .. (f) to do any other thmg necessary lor the p!lrpose of this Act or any rule or regulation made thereunder • Provided that- (i) ' no such entry into a building shall be made between ~unset and sunnse, ' ' (1i) no dwcllmg house or place shall be so entered except with the consent of the occupier thereo! or w1thout giving the occupier atleast twenty- four hours notice of the intention to mah such entry ; . • (ii1) reasonable opportumty and facility shall be allowed to the women occupying any part of a dwelling house to w1thdraw; and 1 (iv) due regard shall, SO for as feasible, be p.iid to the SOCial ancl religious customs and usages of the occupants of the premises entered into. (2) Whenever any officer of the Authority authorised under sub- section ( l) enters into or upon any premise~ in pursuance of that sub-sectiOn, he shall, at the t1m~ of ~uch entry pay or tender payment for the da.rn..tge, if any, to be caused by any act as aforesaid and m case of d1sputc a~ to be: sufficiency of the amount of compensation, such dispute shall be referred to the Chairman whose decision thereon shall be final. · (3) When any person IS entitled to enter mt6 or open an)l. premise~ m exercise of the power:. under sub-section (I) he may also enter m simila1 manner into or upon any adJOining premises for any work authorisrd by or under this Act, or for the purpose of depositing therein anv sod, stone 01 other matenals or for obtaining acccl>S to such 'AO!k or for any' other purpose~ connected with the execution of the same. (4) It shall be lawlul for •. any officer authorrsed in tillS behalf by the Authoncy tl) make any entry mto any place ~o open or cau<;e to he opened any door, gate or other barrier,- (a) if he considers the opemng thereof ne~ssary for the purpose of such entry; and 25/2484/B. t 98 (o) if the owner or occupier is absent, or being present refusf'' to open 3UCh door, gate or barrier. (5) Before making any enti) into any such place or opening ot causmg to be opened any such door, gate or other barrier under ~ub­ sect•on (4), the person authorised in this behalf shall call upon two or more persons of the locality in wh1ch the place to be entered into 1s situated to wttness the entry or opening and may issue an order in wrt- mg to them or any of them so to do. {6) The officer so authorbed shall in exercise of any power con· ferred i)y sub-section (4) do as little damage as may be po~siblt: md com- pensation for such damage shall be payable by the Authority to tre owner or occupier of such prem1ses or to both and in the c:~sc of any d1spute. as to the sufficiency of the amount of compensation, the di~pute shall be referred to the Chairman, whose decision thereon shall be final

Section 53 – The KERALA WATER SUPPLY AND SEWERAGE ACT, 1986 | DailyLaw.ai