section 174
Surface protections, obstruction, encroachments in respect of public streets
The Daman and Diu Municipalities Regulation 1994Infrastructure1994314 sections
Statutory text
- (1) No person shall, except with the written permission of the Chief Officer under sub-section (4),-- (a) build or set up, any fence, rail, post, platform or any projecting structure or thing, or make any other encroachment or obstruction, (b) place or deposit, or cause to be placed or deposited any box, bale, package or merchandise or any other thing, in any public street or upon any drain, gutter, sewer or aqueduct in such street. (2) Whoever contravenes any provision of sub-section (1) shall, unless the provisions of clause (a) of sub-section (6) of section 171 apply, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of a continuing contravention with further fine which may extend to twenty rupees for every day after the first during which such contravention continues. (3) The Chief Officer shall have power to remove without notice any such projection, obstruction or encroachment (i) made in contravention of sub-section (1) or contrary in any manner to any permission granted under sub-section (4); or (ii) in respect of which the period specified in the permission under sub-section (4) has expired. (4) Subject to the provisions of the bye-laws, the Chief Officer may allow any temporary occupation of or erections in any public street (i) on occasions of festivals and ceremonies in such manner as not to inconvenience the public or any individual; (ii) for depositing timber, bricks, or other material that has been or is intended to be used for building purposes; (iii) for any purpose specified in the bye-laws. (5) Permission granted under sub-section (4) shall be terminable at the discretion of the Chief Officer on his giving not less than twenty four hours' written notice to the person to whom such permission was granted. Such notice shall state the reasons for such action. (6) Every person to whom any permission is granted under sub-section (1) or (4) shall, at his own expense, cause the place where he has set up any erection or deposited any thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accident, shall cause such place to be well lighted during the night. (7) Every person to whom any permission is granted under sub-section (1) or (4) shall immediately after the removal of the erection made or thing placed or deposited restore and make good the street to the satisfaction of the Chief Officer. (8) Whoever contravenes the conditions of any permission granted under sub-section (4) or fails to comply with the provisions of sub-section (6) or (7), shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of continuing contravention with further fine which may extend to twenty rupees for every day after the first during which such contravention continues.
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