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State of Bihar - Section

Section 101 in The Bihar (Coal Mining) Area Development Authority Act, 1986

101. Power of entry.

(1)Any person authorised by the Authority in this behalf may enter into, across, along or upon any land or building or colliery with or without assistants or workmen for the purpose of:-
(a)constructing, maintaining, repairing, renewing, altering, enlarging and extending reservoirs, mains, pipes and other works upon or under land;
(b)taking intercepting and impounding any water flowing from any land;
(c)making any enquiry, inspection, measurement or survey or taking levels of such land or building;
(d)setting out boundaries and intended lines of parts;
(e)making such levels, boundaries and lines by placing parks and cutting trenches;
(f)examining works under construction and ascertaining the course of sewers and drains;
(g)digging or boring into the sub-soil;
(h)ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder; and
(i)doing any other act necessary for the efficient administration of this Act:
Provided that-
(i)in the case of any building used as dwelling house or upon any enclosed part or garden attached to such a building, no such entry shall be made (unless with the concert of the occupier thereof) without giving such occupier at least 24 hours notice in writing of the intention to enter;
(ii)sufficient opportunity shall, in every instance be given to enable women (if any), to withdraw from such land or building;
(iii)due regard shall always be had, so far as may be compatible with the exigencies of the purpose of which the entry is made, to the social and religious usages of the occupants of the land or building entered.
(2)The power of any person authorised by the Authority under sub-section (1) shall extend to the whole of the Coal Mining Development Area.
(3)Any person, who obstructs the entry of a person empowered or authorised under this section to enter into, across, along or upon any land or building or molests such person after such entry, shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees, or with both.