Amendment status not verified — confirm the current text below against the official source.
After sub-section (2) of section 180C of the principal Act, the following sub-sections shall be inserted:— "(3) The Commissioner or any other officer or employee of the Corporation or any person or persons or agents of the Corporation authorised by the Commissioner or empowered by or under this Act in this behalf may enter into or upon any land or building with or without assistants or workmen— (a) for the purpose of ascertaining whether there is or has been in connection with the land or the building any contravention of the provisions of this Act or the rules or the regulations made thereunder; (b) for the purpose of ascertaining whether or not circumstances exist which render it necessary for or require the Commissioner or any other officer or employee of the Corporation or any person or persons or agents the Corporation authorised or empowered in this behalf to take any action or execute any work under this Act or the rules or the regulations made thereunder; (c) for the purpose of taking any action or executing any work authorised or required by this Act or the rules or the regulations made thereunder; (d) to make such inquiry, inspection, examination, measurement, valuation or survey as may be authorised or required by or under this Act or necessary for the proper administration of this Act; PART Till THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 11 The Howrah Municipal Corporation (Amendment) Act, 2024. (Section 12.) (e) generally for the purpose of efficient discharge of the functions by any of the authorities under this Act or the rules or the regulations made thereunder. (4) (a) The Commissioner or any person authorised by him or empowered by or under this Act, in this behalf may enter upon any land within one hundred metres of any work authorised by or under this Act with or without assistants or workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purpose connected with the execution of the same. (b) Every person so authorised shall, before entering upon any such land state the purpose thereof, and shall if so required by the owner or the occupier thereof, fence off so much of the land as may be required for such purpose. (c) Every person as aforesaid shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Corporation in accordance with the rules or the regulations made under this Act in this behalf to the owner or the occupier of such land and or to both for any such damage, whether permanent or temporary. (5) (a) It shall be lawful for the Commissioner, or any person authorised by him or empowered by or under this Act, in this behalf to make any entry into, and to cause to be vacated, any place and to open or cause to be opened any door, gate or other barrier,— (i) if he considers the opening thereof necessary for the purpose of such entry; and (ii) if the owner or the occupier is absent or being present refuses to open such door, gate or barrier or to vacate such place. (b) Before making any entry into any such place or opening or causing to be opened any such door, gate or other bather, the Commissioner or the person authorised or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated to witness the entry or the opening and may issue an order in writing to them or any of them so to do. (c) A report shall be made to the Mayor-in-Council as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section. (6) Save as otherwise provided in this Act or the rules or the regulations made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset: Provided that if the Commissioner is satisfied that the erection of any building or the execution of any work has been commenced or is being carried on in contravention of the provisions of this Act in any premises between the period of sunset and sunrise, he may, if he considers it necessary so to do, enter such premises during such period accompanied by police officer to make an inspection thereof and take such action as may be necessary under this Act. 12 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 Insertion of new section after section 180G. The Howrah Municipal Corporation (Amendment) Act, 2024. (Section 13.) (7) Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving such owner or occupier, as the case may be, not less than twenty- four hours' written notice of the intention to make such entry: Provided that no such notice shall be necessary, if the land or the building to be entered is a factory or workshop or trade premises or place used for any of the purpose specified or stable for horses or shed for cattle or latrine or urinal or work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered on such land or in such building in contravention of this Act or the rules or the regulations made thereunder.".