Section 105 UP Panchayat Raj Act: Entry and inspection

Section 105: Entry and inspection

How current this text is

Text as published by India Code for the Government of Uttar Pradesh, with amendments up to U.P. Act No. 6 of 2017.

Chapter VI (The Nyaya Panchayat), sections 42 to 94-A, is printed only as a heading with the official footnote "Chapter VI comprising sections 42 to 94-A Omitted by sec. 16 of U.P. Act No. 6 of 2017.", so those sections have no pages here.

The marginal headings printed beside each section in this edition are shown as the section headings; sections 37, 37-A, 95-A and 109 carry no marginal heading in this copy.

Marginal references to other enactments (for example "U.P. Act No. I of 1951") printed beside the text are not reproduced.

The [Pradhan]¹ of the Gram Panchayat and, if authorized in this behalf by the Gram Panchayat, any other member, officer or servant of the Gram Panchayat may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Gram Panchayat is authorized by this Act or by rules or by-laws made thereunder, to make or execute, or which it is necessary for a Gram Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or by-laws, to make or execute :

Provided that,—

(a) except when it is in this Act or rules or by-laws otherwise expressly provided, no such entry shall be made between sunset and sunrise, and

(b) except when it is in this Act or in rules or by-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered except with the consent of the occupier thereof and without giving the said occupier not less than four hours’ previous written notice of the intention to make such entry, and

(c) sufficient notice shall in every instance be given even when any premises can otherwise be entered without notice to enable the inmates of an apartment appropriated for females to remove to some part of the premises where their privacy shall not be disturbed, and

(d) due regard shall always be had to the social and religious usages of the occupants of the premises entered.

Footnotes in the official text

1.Substituted by section 80 of U.P. Act No. 2 of 1955.