Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994
Year : 1994
(1) Every notice, bill, form, summons or notice of demand under this Act, may-
(a) Be served personally on or presented to the person to whom the same is addressed; or
(b) If it cannot be so served, presented or delivered, be affixed on some conspicuous part of his place of abode or of the land, building or other thing in respect of which the notice, bill, form, summons or notice of demand is intended to be served; or
(c) Be sent by post in registered cover.
(2) Every such notice, bill, form, summons or notice of demand shall be signed by or bear a facsimile signature of Chairperson, Vice-Chairperson or any other officer authorised by the Chairperson In that behalf
When any notice under this Act requires any act to be done for, which no time is fixed by this Act, the Nagar Panchayat or Council shall fix a reasonable time for doing tile same.
When any notice is required to be given to the owner or to occupier of any land, or both, such notice addressed to the owner or occupier or both, as the case may require, may be served on the occupier such land, or otherwise in the manner mentioned in section 180:
Provided that when the owner and his place of abode are known to the Nagar Panchayat or to the Council or other authorities issuing the notice they shall, if such place of abode be within the limits of their authority, cause such notice to be served on such owner or left with some adult member or servant of his family; and if the place of abode of the owner be not within such limits, they shall send every such notice by post in a registered cover addressed to his place of abode and such service shall be deemed to be good service of the notice:
Provided further that when the name of the owner or occupier or both is not known it shall be sufficient to designate him or them as owner" or "the occupier" of the land in respect of which the notice is served.
(1) Whenever it is provided in this Act, that the Nagar Panchayat or, the Council may require the owner or the occupiers, of any land or both to execute any work or to do anything, such requisition shall be made, as far as possible, by a notice to be served as provided in sections 180 and 182 on every owner or occupier who is required to execute such work or to do such thing;but if there be any doubt as to the persons who are owners or occupiers, such requisition may be made by a notice to be affixed or posted upon or near the spot at which the work is required to be executed or the thing done requiring the owners or the occupiers, of any land or both. to execute such notice. It shall not be necessary to name the owners or occupiers.
(2) Every such requisition shall give notice to the persons to whom R. is addressed that, if they fail to comply with the requisition or prefer all objection against such requisition as provided hereafter in section 184 the municipality may enter upon the land and cause the required work to be executed, or the required thing to be done; and that in such case the expenses incurred thereby shall be recovered from the persons who are required in such requisition to execute such work or do such thing.
Any person who is required by such requisition to execute any work or to do anything may instead of executing the work or doing the thing required, prefer an objection in writing to the municipality against such requisition within fifteen days of the service of the notice affixing or posting up of the notification Containing the requisition, or if the time within which he is required to comply with the. requisition be less than fifteen days, then within such less time.
If the objector alleges that the cost of executing the work or of doing the thing required may exceed three thousand rupees, such objection shall be heard and disposed of by the municipality at a meeting, unless We Chairperson or Vice-Chairperson shall certify that such cost may not exceed three thousand rupees, in which case the objection shall be heard and disposed of by the Chairperson and the Vice-Chairperson:
Provided that in any case in which the Chairperson or the Vice- Chairperson shall have certified his opinion and the objection shall in consequence thereof have been heard and disposed of by the Chairperson and the Vice-Chairperson, the person making the objection may, if the requisition made upon him is not withdrawn on the hearing of his objection, pay in the said sum of three thousand rupees to the municipality as the cost of executing the work or doing the, thing required, whereupon such person shall be relieved of all further liability and obligation, in respect of executing the work or doing the thing required and in respect of paying the expenses thereof and the municipality itself shall execute such work or do such thing, and shall exercise all powers necessary therefor.
The Chairperson or the Vice-Chairperson, of the
If the person or persons required to execute the work or to do the thing fail, within the time specified in any requisition as aforesaid, to begin to execute such work or to do such thing, and thereafter diligently to execute the same to the satisfaction of the municipality until it is completed, the municipality or any person authorised by it in that behalf, may, after giving forty-eight hours notice of its intention by a notification to be affixed or posted upon or near the spot, enter upon the land and perform all necessary acts for the execution of the work or doing of the thing required; and the expenses thereby incurred shall be paid by the owners or by the occupiers, if such requisition was addressed to the owners or to the occupiers, as the case may be, and by the owners and the occupiers, if such requisition was addressed to the owners and the occupiers.
(1) Whenever any expenses incurred by the municipality are to be paid by the owners of any land as provided in section 187 the municipality may, if there be. more than one owner, apportion the said expenses among such of the owners as are known in such manner as the municipality may deem fit.
(2) Whenever any such expenses are -to be paid by the occupiers of any land as provided in section 187 the municipality may, if there be more than one occupier, apportion the said expenses, among such of the occupiers as ace known in such manner as We municipality may deem fit .
Whenever any expenses incurred by the municipality are to be paid by the owners and occupiers of any land, as provided in section 187 the municipality may apportion the said expenses among the said owners and occupiers or such of them as are known in such manner as the municipality may deem fit.
Whenever any works or alterations and improvements, of which the municipality is authorised by this Act to require the execution, are executed by the occupier on the requisition of the municipality, or are executed by the municipality and cost thereof is recovered from the occupier, the cost thereof may, if the municipality certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and following payment of his rent due or becoming due to such owner, or may be recovered by him in any court of competent jurisdiction.
If the municipality under the provisions of this Act shall have caused any repairs to be made to any house or other structure and if such house or other structure be unoccupied, the municipality may enter into possession of the same, and may retain possession thereof until the sum expended by it on the repairs be paid to it.
(1) The materials of anything which shall have been pulled down or removed under the provisions of section 183 may be sold by the, municipality, and the proceeds of such sale shall be adjusted to the payment of the expenses incurred.
(2) The surplus sale-proceeds, if any, shall be credited to the Municipal Fund, and may be paid on demand to any person who establishes his right to the satisfaction of the municipality or in a court of competent jurisdiction.
(1) Unless otherwise expressly provided in this Act a Court shall take cognizance of any offence under this Act or under any rules or bye-laws made there under except on the complaint of the municipality or some person authorised by the municipality by general or special order in this behalf.
(2) No Court inferior to that of a Magistrate of the first class shall try any of the offences specified in sub-section (1).
(1) The offences under this Act shall be compoundable:
Provided that no offence, arising from the failure to comply with a written notice given by or on behalf of, the Nagar Panchayat or the Council, as the case may be, shall be compoundable unless the notice has been consoled with.
(2) Sums paid by way of composition under this section shall be credited to the Municipal Fund.
Every police officer shall give immediate information to the municipality of an offence coming to his knowledge which has been committed against this Act or against any rules or bye-laws made there under, and shah be bound to assist all members, officers and employees of the municipality in the exercise of their lawful duty.
Any person aggrieved by an order of a municipality refusing, revoking or suspending licence or permission required under this Act may, notwithstanding anything contained elsewhere in this Act, within thirty days from the date of refusal, revoking or suspension, appeal to the State Government or an other authorised by the Government in that behalf whose decision shall be final and shall not be questioned in any Court.
(1) Any person aggrieved-
(a) By the refusal of the Nagar Panchayat or Council under section 126 to sanction the erection, re-erection or material alteration of any building; or
(b) By a notice from the Nagar Panchayat or Council under section 112 requiring a road to be drained, levelled, paved, flagged, metalled, or provided with proper means of lighting or under section 129 requiring the alteration or demolition of a building ; or
(c) By any order of the Nagar Panchayat or Council under the powers conferred upon it by section 132 or by any order made by the Nagar Panchayat or by the Council under bye-law framed under clause (vii) of sub-section (1) of section 209, may, within thirty days from the date of such refusal, -notice, order, appeal to the Deputy Commissioner.
(2) No such refusal, notice or order shall be questioned otherwise than by such an appeal.
(3) The decision of the Deputy Commissioner shall be final.
No appeal under section 196 or section 197 shall be dismissed or allowed partly or wholly, unless reasonable opportunity of showing cause or being heard has been given to the parties.
(1) When a dispute arises regarding the amount of compensation which the municipality is required by this Act to pay, it shall, be settled in such manner as the parties may agree, in default of agreement, by the Deputy Commissioner upon application made to Milk by the municipality or the person claiming compensation.
(2) If the municipality or the person claiming compensation is not Satisfied with the decision of the Deputy commissioner, it or lie shall have a right to require the Deputy Commissioner to make a reference to the District Judge, in accordance with the provisions of section 180 of the Land Acquisition Act, 1894 (1 of 1894).
No suit shall be maintainable against Nagar Panchayat or Council or any of its committees, or any officer or employee, or any person acting under or in accordance with, the direction of the Nagar Panchayat or of the Council or any of its committees or any municipal officer or servant, in respect, of anything in good faith done or intended to be done under this Act or under any rule or bye-law made there under.
(1) No suit or other legal proceeding, not being a criminal proceeding, shall be instituted against any Nagar Panchayat or Council, or any of its officers in respect of any act purporting to be done by such officer in his official capacity, or any person acting under its direction. until the expiry of two months next after notice in writing has been delivered to or left at the office of-
(a) In the case of a suit against the Nagar Panchayat or Council, the Executive Officer;
(b) In the case of an officer, the) officer against whom. The suit or proceeding is instituted and, in the case of any person acting under its direction, delivered to him at his place of residence or business stating the cause of action, the name, description and place of residence of the plaintiff or the petitioner and the relief which he claims; and the plaint or the petition shall contain a statement that such notice has been so delivered or left.
Explanation.-In this section "Officer" includes the Chairperson and the Vice-Chairperson.
(2) Every such action shall be commenced within three months next after the arising of the cause of action, and not afterwards.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.