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432. Breaking into buildings. (1) It shall be lawful for 5[the Commissioner or any person authorised by him in this behalf] or empowered in this behalf by or, under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier. 1. The words and brackets "the General Manager (Electricity)" omitted by Act 67 of 1993, s. 102 (w.e.f. 1-10-1993). 2. The words and brackets "or the General Manager (Transport)" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971). 3. Subs. by Act 67 of 1993, s. 102, for "any of the aforesaid municipal authorities" (w.e.f. 1-10-1993). 4. Subs. by s. 103, ibid., for certain words (w.e.f. 1-10-1993). 5. Subs. by s. 104, ibid., for certain words (w.e.f. 1-10-1993). (2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Commissioner, 1*** 2*** or the person authorised or empowered in this behalf, shall call upon two or more respectable in habitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do. (3) A report shall be made to the Standing Committee as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.    |
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