Duties of Competent Authority

(1) On occurrence of any activity prohibited under section 3, the competent authority shall issue an order directing the person to stop the prohibited activity immediately and where necessary, shall pass orders for restoration of the status of road infrastructure to its original position within such period, not exceeding three days, as may be specified in the order. (2) The order of the competent authority under sub-section (1) shall clearly describe the prohibited activity in writing and shall also indicate as a sketch, the location of the occurrence of the prohibited activity, the extent of such activity and damage already caused or being caused. (3) In case of non-compliance of the orders passed under sub-section (1), the competent authority shall, in addition to penalty which may extend to Rs. 5,000, take necessary steps to restore the position at the cost of the person. The expenses so incurred shall be recoverable as arrears of land revenue and the competent authority shall confiscate the material, machinery, tools, equipment etc. forming part of the prohibited activity in such manner, as may be prescribed. (4) Notwithstanding anything contained in this section, the competent authority or an officer authorized by it in this behalf shall have the power to remove unauthorized possession on road without issuing any notice under this section, if such unauthorized possession is of the nature of:- (a) displaying any substance or object through open air or temporary stall, canopy, booth or shop of temporary nature; (b) construction or peripheral construction, whether temporary or permanent; or (c) trespass or encroachment, which can be removed easily without the use of any machine or other device; and in such removal of possession, the competent authority or such officer may, if necessary, seek the assistance of police for removal of such possession by use of reasonable force necessary for such removal.