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Section 39
Investigation and action
(1) The chief administrative officer may depute an engineer, sub-engineer or employee to investigate the following matters in relation to a building constructed or being constructed by someone in the rural municipality or municipal area:-
(a) Permission has been obtained from the Government of Nepal to construct such a building according to the approved standards, No,
(b) whether such building has been constructed or is being constructed according to the approved map according to the standards approved by the Government of Nepal, and
(c) Does such a building encroach on public land, roads, alleys, temples, squares, drains, drains, ponds, etc.
(2) The person constructing the building and all those related to the building construction work shall answer the questions asked by him and provide or show the requested documents and provide necessary assistance to the person who comes to investigate according to sub-section (1).
(3) The employee assigned to investigate according to sub-section (1) shall, within fifteen days from the date of his assignment, conduct the necessary investigation regarding the construction of such building and submit a report with his suggestions to the chief administrative officer. The chief administrative officer shall submit such report to the chairman or chief within seven days.
(4) According to the report submitted in accordance with sub-section (2), if anyone is found to have constructed or is building a building contrary to sub-section (1), the chairman or chief shall order the demolition of that building or any part thereof.
(5) According to the report submitted in accordance with sub-section (2), if a person has constructed or is constructing a building without passing a map in accordance with this Act or by altering a passed map without approval, up to five lakh rupees if a building has been constructed without passing a map and by altering a passed map without approval If a building is constructed, the chairman or chief will order the demolition of the building or any part of it with a fine of up to two lakh rupees.
(6) Before passing an order in accordance with sub-section (4) or (5), the chairman or chief shall give a reasonable opportunity to the person who constructed such a building to present his justification.