Cognizance of offences

(1) No court shall take cognizance of any offence punishable under this Act except on a complaint made by the State Government or any officer authorised by it. (2) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. (3) The court may, while passing a sentence of fine, direct that the whole or any part of the fine shall be applied in or towards the payment of costs of the prosecution. (4) The court may, if it deems fit, direct the forfeiture of any materials used in the unauthorised construction. (5) The State Government may, by notification, authorise any officer to file a complaint for offences under this Act. (1) The State Government may, at its discretion, permit the temporary use of any portion of the highway, through the agency of the person or body authorized under this Act, subject to the conditions as may be prescribed. (2) The person or body authorised shall, while executing the work or using the highway temporarily, ensure that the flow of traffic is not stopped or hampered. (3) The State Government may, if it deems necessary, permit the temporary use of the highway by any person or body, for providing facilities or for other purposes, in such manner as may be prescribed, on payment of such fee as may be prescribed. (4) The person or body authorised under sub-section (1), shall, ensure that adequate safety measures are taken to prevent accidents during such temporary use of the highway and shall be responsible for any damages caused. (5) The State Government may, recover, from the person or body authorised, such amount as may be prescribed for the restoration of the highway to its original state. (6) The authorized person or body shall follow the instructions given by the Highway Authority and ensure compliance. (7)(a) The State Government or the authorized person or body shall, for the purposes of sub-section (1), ensure that no obstruction is caused to the traffic. (b) The State Government or the authorized person or body shall ensure that the highway is kept clean and maintained as per the standards prescribed. (1) Whenever the Highway Authority is of the opinion that it is necessary for the prevention of danger arising from obstructions of the view of person using any bend or corner of the Highway, it may, save as otherwise provided in section 16 serve a notice upon the owner or occupier of land alongside or the bend or corner of such Highway to alter within such time and in such manner as may be specified in the notice the height or character of any existing wall (not being a wall forming part of a permanent structure), fence, hedge, trees, advertisement-posts, bill-boards or any other obstruction thereon, so as to cause it to conform with any requirements specified in the notice. (2) Reasonable expenses incurred by the owner or occupier complying with the requirement of the notice shall be reimbursed to him, provided the object or obstruction had not been constructed or erected in contravention of any law for the time being inforce. Determination of the amount to be reimbursed shall be made by the Highway Authority and its decision in this respect shall be final. (3) No expenses incurred in case of removal of the object of obstruction constructed or erected in contravention of any law or bye law for the time being inforce, shall be reimbursed in complying with the requirement of the notice. Action against concerned person who has constructed or erected the object of obstruction in contravention of any law or byelaw shall also be taken as provided in the relevant law. (4) If any person upon whom a notice has been served under sub-section (1), objects to comply with the requirement of such notice, he may within one month of the receipt, send to the Highway Authority, his objection in writing stating the grounds thereof. (5) The Highway Authority shall within one month of the receipt of the objection, consider the grounds advanced and shall by order in writing, withdraw the notice or amend or confirm it. (6) A person aggrieved by an order passed by the Highway Authority under sub-section (5) may prefer an appeal within fifteen days from the date when such order was communicated to him, to the Collector, whose decision in the matter shall be final. (7) (a) If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (5), the Highway Authority may take action to alter the object causing obstruction of view. (b) Any expenditure incurred by the Highway Authority in altering the object causing the aforesaid obstruction of view shall be recovered from the person concerned if the said object was constructed or erected in contravention to any law inforce in this respect, without prejudice to the action provided for in any other law for the time being in force.