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State of Kerala - Section

Section 87 in Kerala District Administration Act, 1979

87. form of notice order etc, specification of time for compliance and power to enforce in default.

(1)All notices, orders and requisitions issued under the provisions of this Act or the rules or bye-laws made thereunder shall be in writing.
(2)Whenever by any notice, requisition or order issued under the provisions of this Act or the rules or by-laws made thereunder, any person is' required to execute any work, or to take any measure or to do anything, a reasonable time shall be specified in such notice, requisition or order within which the work shall be executed, or the measure taken or the thing done.
(3)If such notice, requisition or order is not complied with within the time so specified-
(a)The Secretary may, in consultation with the President, cause such works to be executed, or may take any measure or do anything which may, in his opinion be necessary for giving due effect to the notice, requisition or order; and
(b)if no penalty has been specifically provided in this Act, for failure to comply with such notice, requisition or order, the said person shall be punishable with fine not exceeding five hundred rupees for every such offence:
Provided that if any loss or damage is caused to the district council by the non-compliance by the person of such notice, requisition or order within the time specified he shall pay compensation to the district council for such loss or damage notwithstanding any punishment to which be may have been sentenced for the said non-compliance. In the event of dispute, the amount of compensation payable by the said person shall be determined by the Court before which he was convicted of the said offence on application , made to it for the purpose by the Secretary not later than three months from the date of conviction and in default in payment of the amount of compensation so determined, it shall be recovered under a warrant from the said Court as if it were a fine inflicted by it on the person liable therefor.