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State of Assam - Section

Section 70 in Assam Town and Country Planning Act, 1959

70. Powers to enter into land for inspection, etc.

- For the purpose of making or execution of any scheme, the Authority or persons appointed by the State Government, their subordinates and contractors may enter into or upon any land in order -
(a)to make any inspection, survey, measure valuation or enquiry;
(b)to take levels;
(c)to dig or bore into the sub-soil;
(d)to set out boundaries and intended lines of works;
(e)to mark levels, boundaries and lines by marks and cutting trenches; or
(f)to do any other thing, whenever it is necessary to do so, for any of the purposes of this Act or any rule made or scheme sanctioned hereunder or any scheme which the authority intends to frame hereunder :
Provided as follows :-
(a)except when it is otherwise specially provided by a rule no such entry shall be made between sunset and sunrise;
(b)except when it is otherwise specially provided by the rules, no building which is used as a human dwelling shall be so entered unless with the consent of the occupier thereof; without giving, the said occupier at least 24 hours previous notice in writing of the intention to make such entry;
(c)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 usages of the occupants of the premises entered.