Panchayat:Repo18/vol2-page0311


(iii) Any gratuity;

(iv) Any fees, commissions, honoraria or profits in lieu of or in addition to any salary or wages; and

(v) Any advance of salary.

15. Finality of orders.-Save as otherwise expressly provided in this Act, every order made by an estate officer or appellate officer under this Act shall be final and shall not be called in question in any suit, application or execution proceeding, and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
16. Offences and penalties.-(1) If any person who has been evicted from any public building under this Act again occupies the building without authority for such occupation he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
(2) Any Magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act. (3) If a person fails without reasonable cause or excuse to deduct and pay any amount as required under section 14, he shall be punishable with fine which may extend to ten rupees for every day during which the default continues.
(4) A person shall not be proceeded against for an offence under sub-section (3) except at the instance of the Collector of the district in which the public building is situated.
(5) The Collector may either before or after the institution of proceedings compound the offence referred to in sub-section (3).
17. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against the Government or a company or a corporation) or the appellate authority or the estate officer or any other officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder.
18. Power to make rules.- (1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

*(a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;
*(b) the holding of inquiries under this Act;
  • (c) the distribution and allocation of work to estate officers and the transfer of any proceedings pending before an estate officer to another estate officer,
  • (d) the procedure to be followed in taking possession of public buildings;
  • (e) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;
  • (f) the manner in which appeals may be preferred and the procedure to be followed in appeals;
  • (g) any other matter which has to be or may be, prescribed.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of forteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case maybe; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.