Section 223 in The Chhattisgarh Municipalities Act, 1961
223. Prohibition of obstruction in streets.
- [(1) No person shall, except with the written permission of the Chief Municipal Officer granted in this behalf and in accordance with such conditions including the payment of rent or fee, as he may impose either generally or specially in this behalf-(a)erect or set up any wall fence, rail post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street channel, drain, well or tank.(b)(deposit upon any street or upon any open channel, drain or well in any street or upon any public place, any stall, chair, bench, box, ladder, bale or other things whatsoever, so as to form an obstruction thereto or encroachment thereon.(2)Whoever contravenes any provision of sub-section (1) shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both and with further fine which may extend to one hundred rupees for every day on which such contravention continues after the date of first conviction for such offence.(3)Without prejudice to the action under sub-section (2) the Chief Municipal Officer notwithstanding anything contained in this Act, may after giving such notice as may be prescribed, cause to be removed any obstruction or encroachment as described in clause (a) and (b) of sub-section (1).(4)Any of the things caused to be removed by the Chief Municipal Officer under sub-section (3) shall, unless the owner thereof turns up to take back such things and pays to the Chief Municipal Officer the charges for the removal and storage of such things, be disposed of by the Chief Municipal Officer by public auction or in such other manner and within such time as the Chief Municipal Officer thinks fit.(5)The Police Officer shall not investigate into the offence under this section except on a report made in writing in this behalf by the Chief Municipal Officer.] [Substituted by M.P. Act No. 17 of 1994.]
