Clause 5

If, in the opinion of the Competent Authority, any development of land has been carried out in contravention of the provisions of section 9 of this Ordinance or any conditions imposed thereunder, the Competent Authority may, by notice in writing (hereinafter in this Ordinance referred to as an “enforcement notice”), direct the owner or occupier of the land or such other person who, in the opinion of the Competent Authority, was responsible for such contravention, to take, within a time to be stated in the notice, such measures as are directed by the enforcement notice.(2) An enforcement notice shall take effect subject to the provisions of subsection (6) of this section at the end of such period, not being less than twenty-eight days, after service thereof, as may be specified in the notice:Provided that, where a person appeals against a direction in an enforcement notice or withdraws such an appeal, the enforcement notice shall take effect at the end of twenty-eight days from the date of the appeal or the withdrawal of the appeal, as the case may be.(3) Any person aggrieved by any direction given in an enforcement notice may, at any time within the period specified in such enforcement notice, appeal to the Minister in the form and manner prescribed by rules made under the provisions of section 17 of this Ordinance.(4) Where an appeal is made under the provisions of subsection (3) of this section, the Minister may dismiss the appeal, allow the appeal unconditionally or allow the appeal subject to such conditions as he deems fit.(5) The decision of the Minister on an appeal, made under the provisions of subsection (3) of this section, shall be final.(6) When an appeal is made to the Minister under the provisions of subsection (3) of this section, the enforcement notice shall be of no effect pending the final determination or withdrawal of the appeal.(7) Any person who fails to comply with any direction in an enforcement notice by the Competent Authority, under the provisions of subsection (1) of this section, shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding three thousand dollars and to a further fine not exceeding one hundred dollars for every day during which the offence is continued after conviction.(8) If any person fails to comply with the directions given in an enforcement notice, the Competent Authority may enter upon the land and take any measures directed by such enforcement notice.(9) Any expenses incurred by the Competent Authority, in exercise of the powers conferred by subsection (8) of this section, shall be a first charge on the holding upon or in respect of which the same were expended or are payable.(10) The certificate of the Competent Authority stating the amount of the expense so incurred shall be conclusive evidence of such amount.(11) Compliance with an enforcement notice whether in respect of —

the demolition or alteration of any building or works; or

the discontinuance of any use of land; or

in respect of any other requirements contained in the enforcement notice,shall not discharge the enforcement notice.(12) A person who uses land, at any time in contravention of the enforcement notice after the directions in such enforcement notice have been complied with shall, notwithstanding such compliance with the enforcement notice, be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.(13) Any person, who carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the directions in an enforcement notice shall be guilty of an offence under this Ordinance and shall be liable on conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.”.