Power of municipality to recover expenses caused by extraordinary

traffic :— When by a certificate of an officer of the Government, Public Works Department of a rank not below that of Executive Engineer it appears to the municipality that, having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the municipality in repairing a road by reason of the damage caused by excessive weight passing along the road, on extraordinary traffic thereon the municipality may with the sanction of the State Government recover from any person by or in consequence of whose order such weight or traffic has been 1. Added by the Orissa Act 16 of 1968, w.e.f. 01.08.1968.

THE ORISSA MUNICIPAL ACT, 1950 103) conducted the amount of such expenses as may be proved to the satisfaction of such municipality to have been incurred by such municipality by reason of the damage arising from such weight or traffic as aforesaid:

Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the municipality for the payment to it of an amount by way of compensation in respect of such weight or traffic and thereupon the persons so paying shall not be subject to any proceedings under this section:

Provided further that the decision of the municipality in this regard will be final subject to the approval of the State Government and the Civil Court shall have no jurisdiction.

Private roads