Clause 53

Where the Chief Building Surveyor is satisfied that a building is about to be erected or is in course of erection in contravention of the provisions of section 52 of this Ordinance, the Chief Building Surveyor may by writing order any person erecting or about to erect the building to abstain from commencing or proceeding with the erection of such building or to take such steps in relation to property in his possession or under his management as may be ordered by the Chief Building Surveyor.

In lieu of or in addition to making an order under subsection (1) of this section the Chief Building Surveyor may enter upon the land where such building is being erected or is about to be erected or has been erected and demolish such building, whether occupied or not, or take such other steps as appear to the Chief Building Surveyor to be necessary:Provided that the Chief Building Surveyor shall not act under this subsection in contravention of any direction which may be given by the Minister.

Any person to whom an order under subsection (1) of this section is addressed who fails to comply with the requirements of such order shall, unless he satisfies the court that he had used all due diligence to carry out such order, be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding fifty dollars a day during his default and the court may direct the Chief Building Surveyor to enter the premises and execute the work so required to be executed.

The expenses incurred in demolishing any premises or in executing any work under this section shall be paid by the owner or the person in default and if such person is the owner, the provisions of section 157 of this Ordinance shall apply to such expenses and in any other case the provisions of section 154 of this Ordinance shall apply thereto.

Where an unauthorised building is demolished under the provisions of subsection (2) of this section, the materials thereof and any other building materials found on the site of such unauthorised building may be seized and confiscated by the Chief Building Surveyor and all such materials so seized and confiscated shall become the property of the Government and may be sold or otherwise disposed of in such manner as the Chief Building Surveyor thinks fit.