Metro Railways (Construction of Works) Act,1978
Act No : 33
Section :
Competent authority to have certain powers of civil court.
15.Competent authority to have certain powers of civil court. -The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commission for examination of witnesses. 4[15A.Power to inspect property under acquisition. -The competent authority may, with or without assistants or workmen, enter into or upon any land, building, street, road or passage, for the purpose of performing his functions under this act and make such enquiry, inspection, measurement and take such photographs and prepare such memorandum thereof as he may consider necessary: Provided that-- (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to-- (a) the owner of, or the person interested in, the land, building, street, road or passage; or (b) the person whose right of user in or right in the nature of easement on the land, building, street, road or passage is acquired; or (c) the person who sustains any loss or damage to the land, building, street, road or passage in consequence of any direction given by the Central Government or any power exercised by the metro railway administration under this Act; (ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land, building, street, road or passage; (iii) 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 the social and religious usage of the person to whom notice as aforesaid is given; (iv) the competent authority making the entry shall cause as little damage or injury as possible, to the land, building, street, road or passage."] 1. Subs. by Act 41 of 1982, S. 2 for certain words (w.e.f. 15.5.1983). 2. Subs. S. 7 for certain words ibid. (w.e.f. 15-5-1983). 3. Added by S. 7 ibid. (w.e.f. 15-5-1983) 4. Ins. by S. 8, ibid. (w.e.f. 15-5-1983). 264
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