MISCELLANEOUSCentral

Section 42 of The Road Transport Corporations Act, 1950

Power of entry.

Whenever it is necessary for a Corporation to carry out any of its works or to make any survey, examination or investigation, preliminary or incidental to the exercise of powers or the performance of duties by the Corporation under this Act, any 1[officer or other employee] of the Corporation generally or specially empowered by the Corporation may, with the previous permission of the District Magistrate, enter upon any land or premises between sunrise and sunset, after giving reasonable notice of the intention to make such entry to the owner or occupier of such land or premises, and at any other time, with the consent in writing of the owner of occupier of such land or premises, for the purpose of the carrying out of such works or the making of such survey, examination or investigation.

Summary

Authorized staff can enter land or buildings to perform surveys or investigations.
Staff must be specifically or generally empowered by the Corporation to do this.
Previous permission from the District Magistrate is required for such entry.
Entry without owner consent must happen between sunrise and sunset.
Staff must give the owner or occupier reasonable notice before entering.
Entry at any other time is only allowed with the owner's written consent.

Practical examples

1An engineer from the bus corporation needs to check the soil on a private plot to see if it can support a heavy garage. After getting the District Magistrate's okay and sending a letter to the owner, he enters the plot at 2 PM to do the test.

2A surveyor needs to finish a project late at night. Because it is after sunset, she cannot use the District Magistrate's general permission and must get the homeowner to sign a written consent form allowing her to enter at 9 PM.

FAQ

1. Can an employee enter private property at night under Section 42 of The Road Transport Corporations Act, 1950?

Under Section 42 of The Road Transport Corporations Act, 1950, entry at any time other than between sunrise and sunset requires the written consent of the owner or occupier.

2. Who must give permission before an officer enters land under Section 42 of The Road Transport Corporations Act, 1950?

According to Section 42 of The Road Transport Corporations Act, 1950, the officer must have the previous permission of the District Magistrate.

3. Is notice required before entering property under Section 42 of The Road Transport Corporations Act, 1950?

Yes, Section 42 of The Road Transport Corporations Act, 1950, requires giving reasonable notice of the intention to enter to the owner or occupier.

Test yourself

1.Under Section 42 of The Road Transport Corporations Act, 1950, what is the default time frame for entering land with District Magistrate permission?

2.Whose permission is required under Section 42 of The Road Transport Corporations Act, 1950, for an officer to enter land for a survey?

3.What document is needed to enter property outside of the sunrise to sunset window under Section 42 of The Road Transport Corporations Act, 1950?

4.According to Section 42 of The Road Transport Corporations Act, 1950, what must be done before the actual entry takes place?

41PreviousSection 41 Omitted .43NextSection 43 Directors, Officers and other employees of a Corporation to be public servants.

←Section 41 Section 43→