section 238
Precautions to be taken for public safety whilst municipal works are in progress in
The Gujarat Provincial Municipal Corporations Act, 1949(1) Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall— (a) take proper precaution for guarding against accident by shoring up and protecting the adjoining buildings; (b) have any place where the soil or pavement has been opened or broken up, fenced and guarded; (c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any bars, chains or posts set up under section 236 for so long as such place shall be continued open or broken up, or such bars, chains or posts shall remain set up. (2) No person shall, without the written permission of the Commissioner or without other lawful authority, remove any shoring timber or fence, or remove or extinguish any light employed or set up for any of the purposes of this section. 1. This portion was substituted for the original portion by Bom. 56 of 1959, s.3, Sch. (a) open, break up, displace, take up or make any alteration in, or cause any injury to, the soil or pavement, or any wall, fence, post, chain or other material or thing forming part of any street; (b) deposit any building materials in any street; or (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials. (2) Any permission granted under clause (b) or (c) of sub-section (1) shall be terminable at the discretion of the Commissioner, on his giving not less than twenty-four hours’ written notice of the termination thereof to the person to whom such permission was granted. (3) Except in cases in which permission has been applied for under clause (b) of sub-section (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application, the Commissioner may, without notice, cause to be removed any building materials, or any scaffold, or any temporary erection, or any posts, bars, rails, boards or other things by way of enclosure, which have been deposited or set up in any street without the permission or authority specified in sub-section (1), or which, having been deposited or set up with such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2).
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