Clause 15

If the owner or occupier of any premises on whom an order made under subsection (1), (3) or (4) of section 9 of this Act has been served fails to comply with the terms thereof, the Commissioner or a Medical Officer of Health or a public health auxiliary may enter upon or into the said premises with such assistants and things as are necessary and may perform and do thereon or therein all acts and things required by the said order to be performed or done, and the costs and expenses thereof, if any, shall be recoverable from the owner or occupier of such premises by the Commissioner or a Medical Officer of Health.

Where the Commissioner or a Medical Officer of Health himself causes any measure or work to be done under the provisions of subsection (5) of section 9 of this Act, any costs and expenses thereof shall be recoverable by him from the owner or occupier of the premises concerned.

If the amount of costs and expenses payable under subsection (1) or (2) of this section is not paid by the party liable to pay the same within seven days after demand, such amount may be reported to a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by such Court.

Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Government in or about the execution of any work required to be done under this Act and such costs and expenses are recoverable under this Act from the owner thereof, such person shall continue to be liable for the payment of all such costs and expenses payable in respect of such property and for the performance of all other obligations imposed by this Act upon the owner of such property which became payable or were required to be performed prior to such transfer.

Nothing in this section shall affect the liability of the purchaser or transferee to pay such costs and expenses in respect of such property or the right of the Government to recover such costs and expenses or to perform any obligations under this Act.

Nothing in this section shall affect the liability of any person to prosecution and punishment under this Act.

For the purposes of this section “costs and expenses” means the whole of the costs and expenses incurred unless the Commissioner or a Medical Officer of Health, in his discretion, specifies in writing to the party liable to pay the same that he is prepared to accept a lesser amount as being just and proper having regard to all the circumstances of the case.