50. Mandatory order
Feedback & supportWhenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work and after due notice fails to erect or remove the building or thing or to perform the work within the prescribed time, the authority may make a complaint and the Magistrate’s Court hearing the complaint may make on the owner or occupier a summary order (referred to in this Act as a mandatory order) requiring the owner or occupier to execute the required work.
owner
“owner” means the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant and shall for the purposes of section 40 include a mortgagee not in possession and includes the person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act;
A mandatory order shall require the person to whom it is directed to execute any work which the Court is authorised to require to be executed within a time to be specified in the order and may also require that person to pay to the authority a sum for costs and expenses incurred in obtaining the order.
Any person to whom a mandatory order is addressed who fails to comply with the requirements of the order shall, unless he satisfies the Court that he has used all due diligence to carry out the order, be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 a day during his default, and the Court may direct the authority to enter the premises and execute the work so required to be executed and the expenses thereby incurred by the authority shall be paid by the person in default and, if that person is the owner, section 64 shall apply to those expenses, and in any other case section 61 shall apply thereto.[88
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;