Chapter XI PUBLIC STREETS, PUBLIC PLACES AND PRIVATE STREETS

Vesting of public streets, parking terminals, squares, parks and gardens in the Municipality:

1. (1) All public streets, bus or taxi stands or other parking or transportation terminals, squares, parks and gardens within the municipal area including the soil, subsoil, side drains, footpaths, pavements, stones and other materials, and all erections, materials and trees provided therein shall vest in the Municipality.
2. (2) The State Government may, for reasons to be recorded in writing, by notification withdraw from a Municipality any public street, square, park or garden, or transportation terminal and transfer the same for a limited period to any other agency for development or maintenance thereof in the public interest.
3. (3) The Chairman shall maintain a record in such form and in such manner as may be prescribed showing a list of all public streets, parking or transportation terminals, squares, parks and gardens and other properties vested in the Municipality including those transferred to other agencies under sub-section (2).

Power to the Municipality in respect of control of public streets, etc.:

1. (1) All public streets, parking or transportation terminals, squares, parks and gardens vested in the Municipality shall be under the control of the Board of Councillors who shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made thereunder.
2. (2) The Board of Councillors shall, from time to time, cause all public streets vested in the Municipality to be levelled, metalled or paved, channelled, altered or repaired, and may from time to time widen or otherwise improve and cause the soil thereof to be raised, lowered or altered, and may place and repair fences and posts for the safety of pedestrians.
3. (3) The Board of Councillors shall, from time to time, cause various items of street furniture, including guardrails, traffic lights and traffic signs, street markings, median strips and similar other items, to be installed or done for public safety, convenience and expeditious movement of traffic, including pedestrian traffic.
4. (4) The Board of Councillors may, for any public purpose turn, divert or temporarily or permanently close any public street or part thereof or permanently close any public square or garden: Provided that the Board of Councillors so closing any street, shall not do so for mere financial gain and shall be bound to provide reasonable means of access to persons occupying premises adjacent to such street.

Rights of way for underground utilities: Subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), the Indian Electricity Act, 1910 (9 of 1910), and such other Act as may be notified by the State Government for the purposes of this section, the State Government may by rules provide for the following:

1. (a) the sanction by the Board of Councillors of specific rights of way in the subsoil of public and private streets within the municipal area for different public utilities, including electric supply, telephone or other telecommunication facilities, gas pipes, water-supply, sewerage and drainage, shopping plazas, warehousing facilities and apparatus and appurtenances related thereto; provided the Government or any statutory body or any licensee under any of the said Acts;
2. (b) the levy of any fee or charges permissible under any of the said Acts;
3. (c) the furnishing to the Municipality of maps, drawings and statements which shall enable it to compile and maintain precise records of the placement of the underground utilities within or without the limits of the municipal area.

Power to maintain maps of underground utilities: The Chairman shall cause to be maintained complete survey maps, drawings, and descriptions of all the underground utilities within the municipal area, in such form and in such manner as may be prescribed, and shall ensure the secrecy of the same in conformity with provisions of the Official Secrets Act, 1923 (19 of 1923).

Power to acquire lands and buildings for public streets, public parking places and transportation terminals:

1. (1) The Board of Councillors may, subject to the other provisions of this Act,-
   • (a) require any land together with structure, if any, standing thereon to be acquired for the purpose of opening, widening, extending or otherwise improving any public street, parking or transportation terminal, square, park or garden or of making a new one or for enforcing regular line of street;
   • (b) require in relation to any land or building as aforesaid, such land or building to be acquired as the Board of Councillors may think expedient, outside the regular line or projected regular line of public street as aforesaid.
2. (2) Where a land or building is required to be acquired under sub-section (1) and the Board of Councillors is satisfied that the remaining portion of the land will not be suitable or fit for any beneficial use to the owner, it shall, at the request of the owner, proceed for the acquisition in addition of such remaining portion of the land.
3. (3) Where any land or building is required to be acquired under sub-section (1) or sub-section (2), the procedure laid down in section 82 shall apply.

Power to prescribe building line and street alignment:

1. (1) If the Board of Councillors considers it expedient to make regulation for any public street a building-line or a street alignment, or both a building-line and a street alignment, it shall give public notice of its intention to do so.
2. (2) Every such notice shall specify a period within which objections will be received, and a copy of such notice shall be sent by post to every owner of premises abutting on such street who is registered in respect of such premises on the books of the Municipality or the State Government. Provided that the failure or omission to serve such notice on any of the owners shall not invalidate the proceedings under this section.
3. (3) The Board of Councillors shall consider all objections received within such period as it may fix in this behalf, and may then make regulation determining a building-line or a street alignment or both a building-line and a street alignment for such public street.
4. (4) A record with plans attached shall be maintained by the Chairman showing all public streets within the municipal area including, in particular, those in respect of which a building-line or street alignment has been determined by regulation, and such register shall maintain such particulars as the Board of Councillors may determine and shall be open to inspection by any person upon payment of such fee as may, from time to time, be fixed by the Board of Councillors.

Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line:

1. (1) No portion of any building or boundary wall shall be erected or added to within such street alignment as the Board of Councillors may determine by regulation under section 102: Provided that the Board of Councillors may, in its discretion, permit additions to a building to be made within a street alignment, if such additions merely add to the height of, and rest upon, an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest—
   • (a) not to claim compensation in the event of the Board of Councillors at any time thereafter calling upon him or such successors, by written notice, to remove any addition made to any building in pursuance of such permission, or any portion thereof, and
   • (b) to pay the expenses of such removal.
2. (2) If the Board of Councillors refuses to grant the permission to add to any building on the ground that the purposed site falls wholly or in part within a street alignment referred to in section 102, and if such site or the portion thereof which falls within such alignment is not acquired by the Municipality within one year after the date of such refusal, it shall pay reasonable compensation to the owner of the site.
3. (3) No person shall erect or add to any building between a street alignment and the building-line without first obtaining the permission of the Board of Councillors to do so.
4. (4) If the Board of Councillors grants permission under sub-section (3), it may require the applicant to execute an agreement in accordance with the proviso to sub-section (1).

Power to take possession of, and add to street, lands situated within street alignment or covered by projecting buildings:

1. (1) The Board of Councillors may, at any time, give notice to the owner of any land or building of its intention to take possession of—
   • (a) any land abutting on a public street upon which any portion of any building or wall projects beyond the front of the adjoining building or wall on either side; or
   • (b) any land not covered by building (including land on which a building has collapsed or been demolished or burnt down) which is situated within a street alignment referred to in section 102.
2. (2) The Board of Councillors may come to an agreement with the owner, upon whom a notice under sub-section (1) has been given, to release such land for addition to street on condition of such relaxation in the enforcement of building regulations as the Board of Councillors may decide, and there upon the building-line or street alignment referred to in section 102 may be enforced.

Power to setting back building to regular line of street:

1. (1) If any part of a building abutting on a public street is within the regular line of that street, the Board of Councillors may, whenever it is proposed—
   • (a) to repair, rebuild or construct such building or to pull down such building to an extent measured in cubic metre exceeding one-half thereof above the ground level, or
   • (b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street, by an order, as respects the additions to or rebuilding, construction, repair or alteration of such building, require such building to be set back to the regular line of such street.
2. (2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by reason of any order of the Board of Councillors or otherwise, taken down, the Board of Councillors may forthwith take possession of the portion of the land within the regular line of the street heretofore occupied by such building and, if necessary, clear the same.
3. (3) Any land acquired under this section shall be deemed to be a part of the public street and shall vest in the Municipality.
4. (4) The Board of Councillors may, while giving an order to set back building under sub-section (1), allow such relaxation, including a concession in floor area ratio, in building regulations as respects the addition to or rebuilding, construction, repair or alteration of the building as it may consider appropriate.

Power of compulsory setting back of building to regular line of street:

1. (1) Where any building or any part thereof is within the regular line of a public street and, in the opinion of the Board of Councillors, it is necessary to set back such building or part thereof to the regular line of such street in pursuance of any development plan, it may, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof, which is within the regular line of such street, should not be pulled down and the land within the regular line acquired by the Municipality.
2. (2) If such owner fails to show satisfactory cause under sub-section (1), the Board of Councillors may require the owner by another notice to be served on him in accordance with the provisions of this Act to pull down the building or part thereof, which is within the regular line of the street, within the period specified in the notice.
3. (3) If the owner fails to comply with the requirements of the notice under sub-section (2), the Board of Councillors may pull down the building or part thereof and all expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act.
4. (4) The Board of Councillors shall, immediately after any building or part thereof is pulled down under sub-section (3), take possession of the portion of the land within the regular line of the street occupied by such building or part thereof, and such land shall, thereupon, be deemed to be a part of the public street and shall vest in the Municipality.

Setting forward of building to regular line of street:

1. (1) If any building, which abuts on a public street, is in the rear of the regular line of such street, the Board of Councillors may, whenever it is proposed-
   • (a) to rebuild such building, or
   • (b) to alter or repair such building in such manner as will involve the removal or re-erection of such building or portion thereof which abuts on such street and to an extent measured in cubic metre exceeding one-half of such building or portion thereof above the ground level, by an order, as respects the rebuilding, alteration or repair of such building or portion thereof, permit or require such building to be set forward to the regular line of such street.
2. (2) For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed to be a sufficient compliance with the permission or the requirement to set forward a building to the regular line of a street, if a wall of such materials and dimensions as are approved by the Board of Councillors is erected along such line.

Payment of compensation: The Board of Councillors shall, for any acquisition made under this Chapter, pay compensation as awarded under the Land Acquisition Act 1894 (1 of 1894).

Projected public streets:

1. (1) The Board of Councillors may, from time to time, prepare schemes and plans of projected public streets, showing the direction of such street, the street alignment and the building-line on each of them, their intended width, and such other details as may appear desirable. The provisions of section 102 shall, with all necessary modifications, apply to public streets projected under this section.
2. (2) The width of such projected streets, inclusive of footpath, shall not be less than seven metres: Provided that-
   • (a) the Board of Councillors may, for special reasons, reduce the requirement of width of any projected street; and
   • (b) the Board of Councillors may relax the requirement of width to any extent in case the projected street is, in effect, an widening of an existing street.

Power to prohibit use of public streets for certain kind of traffic:

1. (1) The Board of Councillors may, for sufficient reasons,-
   • (a) prohibit vehicular traffic in any public street or any portion thereof for the purpose of preventing danger, obstruction or inconvenience to the public or ensuring quietness in any locality;
   • (b) prohibit, in respect of all public streets or any particular public street, the transit of any vehicle of such type, form, construction, weight, emission or size, or of any vehicle laden with such heavy or un-wieldy object, as is likely to cause injury to the roadways or any construction thereon, or of any vehicle for public convenience, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants, and other general precautions and upon the payment of such charges as may be specified by the Board of Councillors generally or specifically in each case;
   • (c) prohibit, at all times or during any particular hours, entry from or exit to premises of vehicular traffic from any particular public street carrying such traffic.
2. (2) Notices of prohibition under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, if such prohibition applies generally to all public streets; otherwise such notices may be advertised.

Temporary closure of public street: The Chairman may temporary close the whole or any part of a public street to permit development and maintenance work, and may, subject to such conditions as may be determined by the Chairman, authorise such closure for other purposes for any period not exceeding a month.

Closure of public street for parking purposes:

1. (1) The Board of Councillors may declare a public street or a portion of it, as a fee parking area.
2. (2) Parking fee may be levied for each hour at such rate, and for such types of vehicles parked in different areas or for parking on different categories of streets at different hours of the day, as the Board of Councillors may determine:

Sanction of Board of Councillors to projection over streets and drains Sanction of Board of Councillors to projection over streets and drains:

1. (1) No person shall put up any platform, veranda, balcony, sunshade, weather-frame or the like to project over any public street without the written permission of the Board of Councillors.
2. (2) Subject to any rules made by the State Government in this behalf, the Board of Councillors may, in its direction, give to the owners or occupiers of buildings abutting on public streets written permission to erect or re-erect platform, veranda, balcony, sunshade or weather-frame projecting on a public street or drain on such conditions as it may think fit and on payment of such fees or rent as it may, from time to time, fix.

Removal of encroachment over public streets, etc.:

1. (1) The Board of Councillors-
   • (a) may, without notice, itself or by any officer authorised by it in writing in this behalf, remove, alter or otherwise deal with any structure, wall, hoarding, scaffolding, fence, rail, post, platform of other projection, obstruction or encroachment which has, without first obtaining its written permission, been erected or setup in, over, above or upon any public street, house-gully, sewer, drain, aqueduct, water-course or ghat;
   • (b) may, itself or by any officer authorised by it in writing in this behalf, remove without notice any materials or goods or any movable property which has, without its permission, been deposited in a public street or in, over, above, or upon any house-gully or any public sewer, drain, aqueduct, water-course or ghat, or which remains so deposited, when the period covered by any permission given in this behalf has expired, whether or not the offender is prosecuted under this Act or the rules or the regulations made thereunder.
2. (2) Any expenditure incurred for the removal of any projection, obstruction or encroachment referred to in sub-section (1) shall be recovered as an arrear to tax under this Act from the person who erects or sets up such projection, obstruction or encroachment.
3. (3) If the person, who erects or sets up any of the projections, obstructions or encroachments referred to in sub-section (1), is not known or cannot be found, the Board of Councillors may cause a notice to be posted up in the neighbourhood of the said projection, obstruction or encroachment, requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition.
4. (4) No person shall be entitled to any compensation in respect of the removal of any projection, obstruction or encroachment under this section. If the expenses of removing or altering any such projection, obstruction or encroachment are paid by the occupier of the building in any case in which such projection, obstruction or encroachment was not erected or set up by himself, he shall be entitled to deduct from the rent payable by him to the owner of the building any reasonable expense incurred for such removal or alteration.

Penalty for encroachment of street or open space: Whoever removes, not being duly authorised in that behalf, any earth, sand or other material form, or makes any encroachment in or upon, any street or open space which is not a private property, shall, on conviction, be punished with fine which may extend to one hundred rupees and, in the case of continuing offence, with further fine which may extend to twenty rupees for every day after the first during which such offence continues

Prohibition of causing damage to street or street furniture:

1. (1) No person shall, without the permission of the Board of Councillors or any other lawful authority, displace, dig up or make any alteration in, or otherwise damage, the pavement, gutter, flags or other materials of any public street, or any street furniture like posts, fences and walls, including lamp-posts, lamps, brackets, water-posts, hydrants and accessories thereto, or any other municipal property on a public street or public place, park, square or garden.
2. (2) Every person to whom any permission is granted under sub-section (1) shall abide by such conditions as the Board of Councillors may impose in this behalf.
3. (3) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with a fine which may extend one hundred rupees and, in the case of a continuing offence, with a further daily fine extending to twenty rupees: Provided that such person shall, in addition to any penalty that may be imposed on him, be liable to pay the expenses which the Board of Councillors may incur in replacement or restoration consequent on such contravention, and such expenses shall be recoverable as an arrear to tax under this Act.

Board of Councillors may require owners of land to repair damage to street, etc.: Whenever any public street or drain or any other municipal property is damaged, washed away or eroded by any activity within any land or building (including tank) which exists by the side of such street, drain or property, the Board of Councillors may, by written notice, require the owner or occupier of such land or building to repair the damage and to restore the street, drain or property to its original condition as far as possible within a specified time, and it shall be incumbent upon such owner or occupier to comply with it, failing which the Board of Councillors itself may carry out the work of repair or restoration and the expenses thereof shall be recoverable from the owner or the occupier as an arrear of tax under this Act.

Naming and numbering of streets and numbering of premises:

1. (1) It shall be lawful for the Board of Councillors to-
   • (a) give a name or a number to every public street;
   • (b) cause to be put up or painted on a conspicuous part of any building, wall or any other place the name or the number by which such street is to be known;
   • (c) determine the number of sub-number by which any premises or part thereof shall be known; and
   • (d) require the owner of any premises or part thereof by a written notice, to put up a plate showing the number or sub-number of such premises or part determined under clause (c) in such position and manner as may be specified in such notice.
2. (2) Any person, who destroys, pulls down or defaces any such name or number of a public street or number or sub-number of any premises or part thereof or puts up any name, number or sub-number different from that determined by the Board of Councillors, or any owner of any premises or part thereof who does not, on being so required, put up at his own expense such number or sub-number of such premises or part thereof, shall, on conviction, be punished with a fine which may extend to fifty rupees.

Power to require owner to upgrade private street:

1. (1) The Board of Councillors may require any owner or owners of land or building within a municipal area to upgrade a private street within such land or building in respect of such items of work and in conformity with such standard as may be prescribed.
2. (2) If such requirements are not complied with, the Executive Council may cause the execution of the work by its own agency and recover the expenses incurred, either in whole or in part, from the owner or owners, as the case may be.

Power to access over private street:

Power to take over private streets Power to take over private streets:

1. (1) If any private street has been upgraded under section 119 and the majority of the owners of such street or the owners of lands or buildings on such street express their consent in writing, the Board of Councillors shall declare the same to be a public street.
2. (2) If a private street has been in existence for not less than twenty years and used by the people of the locality as a thoroughfare, the Board of Councillors may, notwithstanding anything contained in this section, declare such street to be a public street.
3. (3) If the Board of Councillors decides, for reasons to be recorded in writing, to take over a private street, whether upgraded or not, it may, notwithstanding anything contained in this section, declare such street to be a public street.
4. (4) Upon a private street being declared by the Board of Councillors under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, to be a public street, such private street shall vest in the municipality, free from all encumbrances, with effect from the date of such declaration.

New private street:

1. (1) Every person intending to layout or make a new street within a municipal area, shall give notice thereof in writing to the Chairman and shall furnish along with such notice plans and sections showing-
   • (a) the intended level, direction and width of the street;
   • (b) the situation and the boundaries of any buildings or plots abutting on such street or likely to be served by such street;
   • (c) the position of any public street or streets to which the new street may have an access;
   • (d) the arrangements to be made for the levelling, paving, metalling, flagging, channelling, draining or lighting of the street; and
   • (e) such other particulars as may be required by regulations, if any, made in this behalf.
2. (2) Within sixty days of receipt by the Chairman of the information and the documents hereinafter specified or, if any further information or documents have been called for, within sixty days of the receipt of such further information or documents, the Board of Councillors may either-
   • (a) sanction the laying out or making of the new street, subject to such modifications or conditions as it may think fit; or
   • (b) disallow it for reasons which shall be communicated to the applicant in writing.
3. (3) If the Board of Councillors fails to issue any order under sub-section (2) within the specified period, the person giving notice shall be entitled to layout and make the proposed street in such manner as may have been specified in the notice under sub-section (1) and in a manner not inconsistent with any provision of this Act or any rules or regulations for the time being in force.
4. (4) If any person, who is entitled to proceed with any work under sub-section (2) or sub-section (3), fails to carry out such work within one year from the date on which he becomes so entitled, his right to proceed with such work shall lapse.
5. (5) If any person lays out or makes a new street in contravention of the provisions of this section, the Executive Council shall forthwith cause the work to be stopped and may execute its order for such stoppage with the help of the police.
6. (6) Whoever lays out or makes any such street in any manner contrary to the provisions of this Act or of any rules or regulations made thereunder or violates any order for stoppage of work under sub-section (5) shall, on conviction, be punished with imprisonment for six months or with fine which may extend to five thousand rupees or with both, and the Executive Council may cause any street so laid out or made to be altered and any building constructed on such street to be altered or removed and the expenses thereby incurred shall be paid to the Municipality by the offender, and shall be recoverable as an arrear of tax under this Act.

Layout plans:

1. (1) Before utilizing, selling out or otherwise disposing of any land of building as plots for construction of buildings thereon, the owner thereof shall send to the Chairman a written application with a layout plan of the land showing the street or streets giving access to the plots into which the land may be divided and connections of such street or streets with any existing public or private streets and the following particulars:
   • (a) the size or sizes and the number of plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used;
   • (b) the land use pattern depicting reservation or allotment of any site for any street, parking lot, open space, park, recreation ground, school, market or any other public purpose;
   • (c) the intended level, direction and width of street or streets, including footpaths;
   • (d) the arrangement for water supply, energy supply, drainage, sanitation and conservancy as respects the plot;
   • (e) the arrangement to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.
2. (2) Within ninety days of receipt of any application under sub-section (1), the Executive Council shall, after obtaining such technical views as it may deem proper, either accord approval to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it.
3. (3) Such approval shall be refused, -
   • (a) if the particulars shown in the layout plan are in conflict with any arrangements which have been made or are likely to be made for carrying out any general scheme of development of the municipal area, whether or not such scheme is contained in the development plan or the development scheme prepared under any law in force for the time being;
   • (b) if the layout plan does not conform to the provisions of this Act and the rules and the regulations made thereunder; or
   • (c) if any street proposed in the layout plan is not so designed as to connect it at one end with a street which is already open.
4. (4) No person shall utilize, sell or otherwise deal with any land or layout or mark any new street, nor shall any person make any construction on any plot comprises in such land without or otherwise than in conformity with the orders of approval of the Executive Council; and, if further information is asked for, no step shall be taken to utilize, sell or otherwise deal with the land or to layout or make the street until an order has been passed by the Executive Council upon receipt of such information: Provided that the passing of any such order shall not, in any case, be delayed for more than ninety days after the Executive Council has received such information as it considers necessary to enable it to deal with the application.
5. (5) No sale deed shall be registered under any law for the time being in force for any land governed by this section until the layout plans have been approved under this section.

Lighting of streets and public places and measures for lighting: The Board of Councillors may-

1. (a) take measures for lighting, in a suitable manner, such public streets and public places as may be considered necessary;
2. (b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the purpose as aforesaid;
3. (c) cause such lamps to be lighted by such means as may be determined by them;
4. (d) place and maintain-
   • (i) electric wires for the purpose of lighting such lamps under, over, along or across, or
   • (ii) posts, poles, standards, stays, struts, brackets and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon,
   • (iii) any immovable property without being liable to any claim for compensation thereof: Provided that such wires, posts, poles, standards, stays, struts, brackets or other contrivances shall be so placed as to occasion the least practicable inconvenience or nuisance to any person: Provided further that the Executive Council may, for carrying, suspending or supporting any lamps or electric wires, enter into an agreement with any firm or company or other Government agency for using, on terms and conditions mutually agreed upon, any posts, poles or standards erected and maintained by such firm, company or other Government agency.

Power to take measures for generation of electricity:

1. (1) The Municipality may, on its own or in collaboration with anyone, erect plants for generation of electric power, subject to such rules as may be made in this behalf.
2. (2) Notwithstanding anything contained in this Chapter, all matters relating to generation, transmission, supply or use of electrical energy in a municipal area shall be regulated by the provisions of the Indian Electricity Act, 2003 (Act of No. 36 of 2003).

Power to prohibit removal etc. of lamps:

1. (1) No person shall, without the written permission of the Chairman or any lawful authority, take away or wilfully or negligently break or throw down or damage-
   • (a) any lamp or any appurtenances of any lamp or lamp-post or lamp-iron set up in any public street or any public place;
   • (b) any electric wire for lighting such lamp;
   • (c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp.
2. (2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.
3. (3) If any person wilfully or through negligence breaks, or causes any damage to, anything referred to in sub-section (1), he shall, in addition to any penalty to which he may be subject under this Act, pay the expenses of repairing the damage so caused by him.