| (a) |
for which no permission was granted under section three or the permission for which has expired or has been revoked; or |
| (b) |
which does not conform to the specifications or conditions prescribed in any permission granted therefor or in any regulation applicable thereto, or which is being displayed in a manner or place or in circumstances other than those prescribed in any such permission or regulation, |
the controlling authority concerned may, by notice in writing, direct any person who displays that advertisement to remove it or to effect such alterations in the nature of the advertisement or in the manner or place or circumstances in which it is displayed, as may be prescribed in the notice, and to effect such removal or alteration within such period (which shall be not less than fourteen days as from the date on which the notice was given), as may be specified in the notice: Provided that a controlling authority shall not, within a period of six months as from the date of commencement of this Act, give any such direction in regard to an advertisement which was being displayed on the last-mentioned date, and has thereafter been displayed continuously in the same place.
| (2) |
If a person to whom a notice has been given in terms of subsection (1) fails to comply with a direction contained in that notice within the period therein specified, the controlling authority may, at any time after the expiration of that period, through the agency of any person authorized thereto by the controlling authority, enter upon the land upon which the advertisement to which the notice relates, is being displayed and remove the advertisement or effect the alterations prescribed in the notice. |
| (3) |
A controlling authority may recover the expenses which it incurred by any action taken under subsection (2) from any person to whom the notice in question was given, unless he proves— |
| (a) |
that he did not, at the time when he received the notice, nor at any time thereafter, display the advertisement; or |
| (b) |
that he did not take any active part in displaying the advertisement and did not grant any person permission to display it and did not receive any valuable consideration in connection with the displaying of the advertisement, and that he does not manufacture an article or own, control or manage a business or undertaking to which the advertisement relates. |
Statistics Act, 1999
