Correct Answer:
B. Section 38(2) of the Act
The power for an Enforcement Officer (EO) to act upon failure to comply with a movable encroachment order is specifically granted under Section 38(2) of the Act. This section provides the legal authority for EOs to take necessary enforcement actions, such as removal or seizure of the encroaching item, when an occupier fails to adhere to the issued notice.
- Section 20 of the Act likely pertains to a different aspect of the legislation, not specifically the enforcement powers for non-compliance with movable encroachment orders.
- Section 36(5) of the Act would also relate to a different provision, possibly concerning notices or definitions, but not the direct power to act on non-compliance.
- Section 39 of the Act typically covers other legal aspects, such as penalties, appeals, or general provisions, rather than the specific power to enforce removal.