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Cantonments Act,1924

Act No : 2


Section : POWERS OF BOARD IN CASE OF NON COMPLIANCE WITH NOTICE, ETC

SECTION 256: POWERS OF BOARD IN CASE OF NON COMPLIANCE WITH NOTICE, ETC

- In the event of non-compliance with the terms, of any notice, order or requisition issued to any person under this Act, or any rule or bye-law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for thea[Board]b[or the civil area committee or the Executive Officer at whose instance the notice, order or requisition has been issued.] Whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or work required to be done or executed by him, and all the expenses incurred on such account shall bec[recoverable by the Executive Officer on demand, and if not paid within ten days after such demand, shall be recoverable in the same manner as moneys recoverable by the Board undersection 259: Provided that where the action or step related to the demolition of any erection or reerection undersection 185or the removal of any projection or encroachment undersection 187, the Board or the civil area committee or the Executive Officer may request any police officer to render such assistance as considered necessary for the lawful exercise of any power in this regard and it shall be the duty of such police officer to render forthwith such assistance on such requisition.]Act 15 of 1983. Clause 145.- The existing provision insection 256of the Act is being amplified because some of powers of the Board are being vested either in the civil area committee or the Executive Officer. In the existing section, there is no provision to indicate as to how the expenses incurred by the Board on account of non-compliance of notices, etc.. issued by it or on its behalf are to be recovered and this is being clarified. It has also been provided that for ''ie purposes of removing an unauthorised construction or encroachment on Government land. the Board or the civil drea committee or the Executive Officer may request a police officer to render such assistance as might be considered necessary and it'shall be the duty of such police officer to render forthwith such assistance on such requisition. In the absence of an enabling provision in this regard the Board and if, servants had been experiencing a lot of difficulty. - Gai. of Ind., 9.7-1982. Pt. II. S. 2. EM.. P. 58 (No. 26)



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