Markets, slaughter-houses, sale of food, etc.

Obstruction of street

§265

Summary

265. (1) Whoever without the written permission of the Municipality - (a) causes or allows any vehicle, with or without an animal harnessed thereto, to remain or stand so as to cause obstruction in any street longer than may be necessary for loading or unloading or for taking up or setting down passengers, or (b) leaves or fastens any vehicle or animal so as to cause obstruction in any street, or (c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any street, or (d) deposits, or suffers to be deposited, any building materials, box, bale, package or merchandise in any street, or (e) erects or acts up any fence, rail, post, stall or any scaffolding or any other such fixtures in any street, or (f) in any manner willfully obstructs or causes obstruction to the free passage of any street, shall be liable upon conviction to fine which may extend to 1[five hundred rupees and in the case of continuing breach to a further fine which may extend to ten rupees or every day after the day of first conviction during which the offender is proved to have persisted in the commission of the offence.] (2) The Municipality shall have power to remove any obstruction referred to in sub-section (1), and the expense of such removal shall be recoverable from the offender in the manner provided by Chapter VI. (3) The power exercisable by a Municipality under sub-section (2) to remove obstructions from streets shall also be exercisable for the removal by the Municipality of obstructions from any private property. (4) Nothing contained in this section shall apply to any obstruction of a street permitted by the Municipality under any section of this Act or any rule or by-law made or licence granted thereunder.

265. (1) Whoever without the written permission of the Municipality - (a) causes or allows any vehicle, with or without an animal harnessed thereto, to remain or stand so as to cause obstruction in any street longer than may be necessary for loading or unloading or for taking up or setting down passengers, or (b) leaves or fastens any vehicle or animal so as to cause obstruction in any street, or (c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any street, or (d) deposits, or suffers to be deposited, any building materials, box, bale, package or merchandise in any street, or (e) erects or acts up any fence, rail, post, stall or any scaffolding or any other such fixtures in any street, or (f) in any manner willfully obstructs or causes obstruction to the free passage of any street, shall be liable upon conviction to fine which may extend to 1[five hundred rupees and in the case of continuing breach to a further fine which may extend to ten rupees or every day after the day of first conviction during which the offender is proved to have persisted in the commission of the offence.] (2) The Municipality shall have power to remove any obstruction referred to in sub-section (1), and the expense of such removal shall be recoverable from the offender in the manner provided by Chapter VI. (3) The power exercisable by a Municipality under sub-section (2) to remove obstructions from streets shall also be exercisable for the removal by the Municipality of obstructions from any private property. (4) Nothing contained in this section shall apply to any obstruction of a street permitted by the Municipality under any section of this Act or any rule or by-law made or licence granted thereunder.

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