Amendment status not verified — confirm the current text below against the official source.
132 - Cognizance of offences :- 1[All offences committed against this Act or any rule made there under shall, on a complaint being made, be cognizable by a Magistrate of the first class or by a Magistrate of the second class specially empowered in this behalf by the State Government.] 134 - Power of Chairman as to institution, composition, etc. of legal proceedings and obtaining legal advice :- The Chairman of a Planning authority may, subject to its control - (a) institute, defend or withdraw from legal proceedings under the Act or any rules made there under; (b) compound any offence against this Act or any rule made there under which, under any law for the time being in force or the rules made by the State Government, may lawfully be compounded; (c) admit, compromise or withdraw any claim made under this Act or any rule made there under; and (d) obtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the Planning authority to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed under the Planning authority or any officer or employee of the said authority. 135 - Indemnity to Planning authority, etc. :- No suit shall be maintainable against the planning authority or any member or any officer or employee thereof or any person acting under the direction of the said authority or the Chairman or any officer or employee of the said authority, in respect of anything lawfully and in good faith done under this Act or any Rule made there under. 1.Substituted for Sections 132 and 133 by Orissa Act 23 of 1969. 46 136 - Notice of suit against the Planning authority, etc. :- No suit shall be instituted against the Planning authority or any member or any officer or employee of the said authority or any person acting under the direction of the said authority or of the Chairman or of any officer or employee thereof be, in respect of any act purporting to be under this Act or any Rule made there under until the expiration of sixty days next after written notice has been delivered or left at the office of the Planning authority or of the place of abode of such officer, employee or person, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, and the plaint must contain a statement that such notice has been so delivered or left. 137 - Relation of Planning authority with Police :- It shall be the duty of every Police Officer - (i) to communicate without delay to the proper officer or employee of the Planning authority any information which he receives of a design to commit or of the commission of, any offence against this Act or any Rule made there under; and (ii) to assist the Chairman or any officer or employee to the Planning authority who reasonably asks his assistance for the lawful exercise of any power vesting in the Chairman or in such officer or employee under this Act or any Rule made there under. 138 - Arrest of offenders :- (1) Every Police Officer, not being below the rank of a Sub-Inspector shall arrest any person who commits in his view of any offence against this Act or any Rule made there under, if the name and address of such person be unknown to him, and if such person, on demand, declines to give his name and address, or gives a 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 authorised 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 aforementioned Magistrate. 139 - Proof of consent, etc. of Planning authority or Chairman or officer of employee of Planning authority :- Whenever, under this Act or any Rule made there under, the doing or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, option or satisfaction of - (a) the Planning authority or the Chairman; or (b) any officer or employee of the Planning authority; a written document signed in case (a) by the Chairman and in case (b) by the said officer or employee, conveying or setting forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction. 47 140 - Validation of acts and proceedings :- Whenever, under this Act or any Rule made there under, the doing or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, option or satisfaction of - (a) the Planning authority or the Chairman; or (b) any officer or employee of the Planning authority; a written document signed in case (a) by the Chairman and in case (b) by the said officer or employee, conveying or setting forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction. 141 - General power of Planning authority to pay compensation :- In any case not otherwise expressly provided for in this Act, the Planning authority may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested by or under this Act in the said Planning authority or the Chairman or any officer or employee of the said authority. 142 - As to public notices, how to be made known :- Every public notice given under this Act or any Rule made there under shall be in writing over the signature of the Chairman, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicious public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspapers, or by any two or more of these means, and by any other means that the Chairman may think fit. 143 - As to newspapers in which advertisements, notices to be published :- Whenever it is provided by this Act or any Rule made there under that notice shall be given by advertisement in local newspapers, or that a Notification or any information shall be published in local newspaper, such notice, Notification or information shall be inserted, if practicable, in at least two local newspapers. 144 - Stamping signature on notices or bills :- Every notice or bill, which is required by this Act or by any Rule made there under to bear the signature of the Chairman or of any other member or of any officer or employee of the Planning authority shall be deemed to be properly signed if it bears a fascimile of the signature of the Chairman or of such other member or of such officer or employee, as the case may be, stamped thereupon. 145 - As to service, how to be effected :- When any notice, bill or other document is required by this Act or any Rule made there under to be served upon or issued or presented to any person, such service, issue or presentation shall be effected - (a) by giving or tendering such document to such person; or (b) if such person is not found, by leaving such document at his last 48 known place of abode in the Municipality or by giving or tendering the same to some adult member or servant of his family; or (c) if such person does not resides in the Municipality, and his address elsewhere is known to the Chairman, by forwarding such document to him by registered post with acknowledgement due under cover bearing the said address; or (d) if none of the means aforesaid be available by causing a copy of such document to be affixed on some conspicuous part of the building or land (if any) to which the document relates. 146 - Power to make surveys or contribute towards their cost :- The Planning authority may - (a) cause a survey of any land to be made whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Act; or (b) contribute towards the cost of any such survey made by any other local authority. 147 - Power of entry :- (1) The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land in order - (a) to make any Inspection, survey, measurement, valuation or inquiry; (b) to take levels; (c) to dig or bore into the sub-soil; (d) to set out boundaries and intended lines of work; (e) to mark such levels, boundaries and lines by placing marks, and cutting trenches; or (f) to do any other thing incidental thereto; whenever it is necessary to do so for any of the purposes of this Act or any Rule made or scheme sanctioned there under or any scheme with the Planning authority intends to frame there under: Provided that - (a) no such survey shall be made between sunset and sunrise; (b) no dwelling house, and no public building or hut which is used as a dwelling place; shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty- four hours previous written notice of the intention to make such entry; (c) sufficient notice shall, in every instance, be given to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy will not be disturbed; (d) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to social 49 and religious usages of the occupants of the premises entered. (2) Whenever the Chairman or a person authorised under Sub-section (1) enters into or upon any land in pursuance of that sub-section, he shall, at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid; and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Planning authority whose decision shall be final. 148 - Punishment for acquiring share or interest in contract, etc., with the Planning authority :- If any member or any officer or employee of the Planning authority, knowingly acquires, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such member, officer or employee any share or interest in any contract or employment with, by, or on behalf of the said authority [not being a share or interest which under Sub- section (2) of Section 9, it is permissible for a member to have without being thereby disqualified for being appointed a member], he shall be deemed to have committed the offence made punishable by Section 168 of the Indian Penal Code, XLV of 1860. 149 - Penalty for removing fence, etc., in street :- If any person, without lawful authority - (a) removes any fence or shoring timber, or removes or extinguishing any light, set up under Section 54; or (b) infringes any order given, or removes any bar, chain or post fixed, under Sub-section (2) of Section 55; he shall be punishable with fine which may extend to fifty rupees. 150 - Penalty for building within street alignment or building line :- (1) If any person, without the permission of the Planning authority, erects, re- erects, adds to or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any deferred street scheme, development scheme or town expansion scheme, he shall be punishable- (a) with fine which may extend, in the case of a wall or masonry building, to five hundred rupees and in the case of a hut to fifty rupees; and (b) with further fine which may extend, in the case of a wall or masonry building, to one hundred rupees and in case of a hut to ten rupees, for each day during which the projection continues after a sentence of fine has been passed under Clause (a) of this sub-section. (2) (a) The owner for the time being of the wall or building so erected, re- erected, added to or altered, may be required by a written notice issued by the Chairman to stop further work on such wall or building and to alter or demolish the same in such manner and within such time as may be specified in the notice. (b) Where the alteration or demolition directly by any such notice is not carried out as directed therein, the Chairman may cause the wall or 50 building or portion thereof to be altered or demolished, as the case may be, and he may recover the expenses incurred in so doing from the owner for the time being in such manner as may be prescribed by the State Government. 151 - Penalty for obstructing contractor or removing work :- If any person - (a) obstructs or molests any person with whom the Chairman has entered into a contract on behalf of the Planning authority, in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Act or any Rule made there under; or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any Rule made or scheme sanctioned there under; he shall be punishable with fine which may extend to two hundred rupees. 152 - Penalty for breach of the provisions of the Act, etc. :- Whoever contravenes any provision of this Act or any Rule made or any direction issued in pursuance of scheme sanctioned there under, shall, if no other penalty is provided for such contravention, be punishable - (a) with fine which may extend to one hundred rupees; and (b) in case of continuing contravention, with fine which may extend to fifty rupees for each day after the first during which the contravention continues. 153 - Dissolution of Planning authority and transfer of its assets and liabilities to the State Government and the Municipality :- (1) When all schemes sanctioned under this Act have been executed or have been so far executed as to render the continued existence of the Planning authority the opinion of the State Government may, by Notification, declare that the said authority shall be dissolved on such date as may be specified in such Notification, and the Planning authority shall be deemed to be dissolved accordingly. (2) On and from the said date - (a) (i) all properties, funds and dues placed at the disposal of the Planning authority by the State Government and all properties situated in an area to which the Orissa Municipal Act, XXIII of 1950, does not apply; (ii) all properties, funds and dues exchanged for, derived from, or otherwise attributable to the properties, funds and dues referred to in Sub-clause (i); which immediately before the said date were held by or realisable by the planning authority, shall vest in and be reasonable by the State Government; (b) all properties, funds and dues other than those referred to in Clause 51 (a), which immediately before the said date, were vested in or were realisable by the Planning authority and the Chairman respectively shall vest in and be reasonable by the Municipality and the Chairman of the Municipality respectively; (c) if any question arises as to whether any properties, funds or dues vest in the State Government under Clause (a) or in the Municipality under Clause (b) the question shall be referred to the State Government whose decision thereon shall be final; (d) all liabilities which, immediately before the said date, were forceable against the Planning authority shall be enforceable against the State Government or the Municipality as the case may be. The State Government shall determine which of such liabilities shall be enforceable against it and which against the Municipality; (e) for the purpose of completing the execution of any scheme, sanctioned under this Act, which has not been fully executed by the Planning authority, and of realising properties, funds and dues referred to in Clause (a) and (b), the functions of the said authority and the Chairman under this Act shall be discharged by the State Government or by the Municipality, or the Chairman of the Municipality, as the case may be; and (f) the Municipality shall keep separate accounts of all moneys respectively received and expended by it under this Act, until all loans raised there under have been repaid and until all other liabilities referred to in Clause (d) have been duly met. 154 - Repeal :- The Madras Town Planning Act VII of 1920 is hereby repealed. THE SCHEDULE (Referred to in Section 64) Further modifications in the Land Acquisition Act, 1894