Bare ActsThe MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956

Section 372

Power of entry on premises for purposes of inspection, survey or execution of necessary work

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Power of entry on premises for purposes of inspection, survey or execution of necessary work.- (1) Any Municipal Officer duly authorized in this behalf by the Commissioner or any Councillor authorized by the Mayor may enter into or upon any premises, with or without assistants or workmen, in order to make any inspection, survey, measurement, valuation or inquiry or execute any work which is authorized by this Act or by any rule or byelaw made there under or which, in his opinion it is necessary or expedient for any of the purposes or in pursuance of any of the provisions of this Act or of any such byelaw, to make or execute: Provided as follows:- (a) except when it is in this At or in any rule or byelaw made there under otherwise expressly provided, no such entry shall be made between sunset and sunrise; (b) except when it is in this Act or in any rule or byelaw made there under otherwise expressly provided, n o building used as a dwelling house shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least six hours‘ previous notice in writing of the intention to make such entry, and, except where it is inexpedient to mention the purpose thereof; Madhya Pradesh Municipal Corporation Act, 1956 161 | P a g e (c) notwithstanding any power to enter any premises conferred upon municipal officers or councilors by this Act or any rule or byelaw made there under sufficient notice of such entry shall in every instance be given to enable the inmates of any apartment appropriate to women to withdraw to some part of the premises where their privacy may not be disturbed; (d) due regard shall be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of occupants of the premises entered. (2) Except when it is in this Act or any rule or byelaw made there under otherwise expressly provided, no claims shall lie against any person for compensation for any damage unavoidably caused by any entry made or by the use of any force necessary for effecting such entry: Provided that force shall not be used for effecting an entry, unless there is reason to believe that an offence has been or is being committed against some provisions of this Act or any rule or byelaw made there under.

Section 372 – The MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956 | DailyLaw.ai