(1) Whenever, under the
provisions of this Act, any work is required to be executed by the
owner or occupier of any building or land and default is made in
the execution of such work, the Municipality, whether any penalty
is or is not provided for such default, may cause such work to be
executed; and the expenses thereby incurred, alongwith ten
percent of the total expenses, subject to a minimum of one
thousand rupees may be recovered from the person by whom such
work ought to have been executed, and shall be recoverable in the
same manner as an amount claimed on account of any tax
recoverable under this Act either in lumpsum or by instalments, as
the Municipality may deem fit:
Provided that-
(a) whenever any drainage scheme has been
commenced by the Municipality it shall be lawful
for the Municipality without prejudice to its powers
under any provision of this Act to make a special
agreement with the owner of any building or land
as to the manner in which the drainage or water
connection thereof shall be carried out and the
pecuniary or other assistance, if any, which the
Municipality shall render, and any payment agreed
upon by the owner shall be recovered, in
accordance with the terms of such agreement or in
default, in the manner described in sub-sections (2)
and (3) ; and
(b) when an order has been passed under section 194 or
section 200 or section 202 or section 207 or section
210 or when permission has been given under
section 203 or when any agreement has been made
under proviso (a) of this sub-section, the
Municipality may, without prejudice to any other
power under this Act, if it thinks fit, declare any
expenses incurred as aforesaid by the Municipality
alongwith ten percent of the total expenses as
administrative charges subject to a minimum of one
thousand rupees, to be improvement expenses,
which shall be a charge upon the building or land,
and shall be levied alongwith interest at the rate of
fifteen percent per annum and shall be recoverable
in the manner described in sub-sections (2) and (3).
(2) If the defaulter be the owner of the building or land, the
Municipality may, by way of additional remedy, whether a suit or
proceeding has been brought or taken against such owner or not,
require, subject to the provisions of sub-section (3), the payment
of all or any part of the expenses payable by the owner for the
time being from the person who, then or at any time thereafter,
occupies the building or land under such owner, and in default of
payment thereof by such occupier on demand the same may be
levied from such occupier and every amount so levied shall be
recoverable in the same manner as an amount claimed on account
of any tax recoverable under this Act; and every such occupier
shall be entitled to deduct from the rent payable by him to his
landlord so much as has been so paid by or recovered from such
occupier in respect of such expenses.
(3) No occupier of any building or land shall be liable to
pay more money in respect of any expenses, charged by this Act
on the owner thereof than the amount of rent which is due from
such occupier for the building or land in respect of which such
expenses are payable at the time of the demand made upon him or
which, at any time after such demand and notice not to pay the
same to his landlord, has accrued and become payable by such
occupier, unless he neglects or refuses, upon application made to
him for that purpose by the Municipality, truly to disclose the
amount of his rent and the name and address of the person to
whom such rent is payable but the burden of proof that the sum
demanded of any such occupier is greater than the rent which was
due by him at the time of such demand or which has since accrued
shall be upon such occupier:
Provided that nothing herein contained shall be taken to
affect any special contract made between any such occupier and
the owner respecting the payment of the expense of any such
works as aforesaid.
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Section 287