172A. [ Punishment for encroachment upon land, premises or public place. [Section 172-A inserted vide Act No. 6 of 1995.]
(1)Whoever makes any encroachment, by raising a temporary or permanent structure on any land, premises or public place, not being private property whether such land, premises or public place belongs to or vests in the committee or not shall on conviction be published with simple imprisonment which shall not be less than one month, but which may extend to three years and with fine which may extend to twenty thousand rupees :Provided that parking of rehari temporarily or setting up steps for providing passage to the houses and shops is a street for a drain, channel, well or tank passing through or by the side of land, premises or public place shall not be constructed as an encroachment.(2)The Executive Officer or any other officer authorised by the Committee in this behalf shall have power to remove any such encroachment and the expenses of such removal shall be paid by the person who has caused the said encroachment.(3)Notwithstanding anything contained in the foregoing provisions, the Executive Officer or the officer authorised by the Committee in this behalf, shall, in addition to any other action which may be taken under this section, also have power to seize or attach any property found on the land, premises or public place referred to in this section or, as the case may be, attached to or permanently fastened to anything attached to such land, premises or public place.(4)Where any property is seized or attached in terms of sub-section (3) by an officer authorised by the Committee, he shall immediately make a report of such seizure or attachment to the Executive Officer.(5)The Executive Officer may make such order as he may think fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings and if, the property is subject to speedy and natural decay, or it is otherwise expedient so to do, the Executive Officer may cause it to be sold or otherwise disposed of.(6)Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall -(a)Where no order of confiscation is passed by the Committee under sub-section (7); or(b)Where an order passed in appeal, under sub- section (11) so requires, be paid to the owner thereof or the person from whom, it is seized.(7)Where any property is seized or attached, under sub-section (3), the Committee may subject to the provisions of sub-section (8), order confiscation of such property.(8)No order for confiscating a property under sub-section (7) shall be made unless the owner of such property or the person from whom it is seized or attached is given, -(a)a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;(b)an opportunity of making a representation in writing, within such reasonable time as may be specified in the notice against the grounds of confiscation; and(c)a reasonable opportunity of being heard in the matter.(9)The order of any confiscation made under sub-section (7), shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.(10)Any person aggrieved by such confiscation order made under sub- section (7), may, within one month from the date of communication to him of such order, appeal against it to the District Judge of the District in which such property is seized or attached.(11)On such appeal, the District Judge may, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed pending disposal of the appeal, or may modify; alter or annul the order and make any further order that he may think proper in the matter.(12)Subject to the provisions of sub-section (5), whenever any property is seized or attached pending confiscation under sub-section (7), the Committee or the District Judge shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have jurisdiction to make order with regard to the possession, delivery, disposal, release or distribution of such property.(13)Where any person is prosecuted of an offence for the contravention of the provisions of sub-section (1), the burden of proving that he has not committed the said offence, shall be on such person.(14)Whoever being an employee of the Committee permits any body to encroach upon or abets to encroach upon any property specified in sub-section (1), shall on conviction be punished with simple imprisonment for a term which may extend to one month or fine which may extend to one thousand rupees or with both:Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the provious sanction of the Committee.(15)No investigation of an offence for contravention of the provisions of sub-section (1) or sub-section (14), as the case may be, shall be made by an officer below the rank of a Deputy Superintendent of Police.]
