(b)fails to comply with the notice served on him under sub-section (1) of Section 34 for no valid reason shall no conviction be punishable-(i)for first offence with fine which may extend to five thousand rupees;(ii)for a subsequent offence in relation to the same encroachment with fine which may extend to ten thousand rupees;(iii)for persistent encroachment, imprisonment upto two months plus a further fine not exceeding five hundred rupees per day on which such occupation of the highway or encroachment continues.
