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State of Punjab - Section

Section 53 in The Punjab Town Improvement Act, 1922

53. Power of entry.

(1)The chairman or any person authorized by him or by the trust in writing may, with or without assistants or workmen, enter into or upon any land in order -
(i)to make any inspection, survey, measurement, valuation or inquiry,
(ii)to take levels,
(iii)to dig or bore into sub-soil,
(iv)to set out boundaries and intended lines of work;
(v)to mark such levels, boundaries and lines by marks and cutting trenches, or
(vi)to do any other thing,
whenever it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned hereunder or any scheme which the trust 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 a rule no building which is used as a human dwelling shall be so entered unless with the consent of the occupier or if there be no occupier, the owner thereof, without giving the said occupier or owner, as the case may be, at least twenty-four hours' previous notice in writing of the intention to make such entry.
(c)Even when any premises may otherwise be entered without notice, reasonable warning and facility to withdraw shall be given to any female, not appearing in public, according to the customs of the country.
(d)Due regard shall always be paid so far as the exigencies of the occasion permit to the social and religious usages of the occupants of the premises entered.
(2)Whenever any person enters into or upon any land in pursuance of sub- section (1), he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered he shall at once refer the dispute to the trust, whose decision shall be final.
(3)It shall be lawful for any person authorised under sub-section (1) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier -
(a)if the considers the opening thereof necessary for the purpose of such entry, inspection or search, and
(b)if the occupier or owner, as the case may be, is absent, or being present refuses to open such door, gate or barrier.