- Whoever-(a)occupies or makes any encroachment on any highway in contravention of the provisions of sub-section (1) of Section 33; or(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.Explanation :- For the purposes of clause (iii) "persistent encroachment" shall mean continuance or committing of encroachment by any person on the same portion or place of the highway for which he was punished earlier under clauses (i) and (ii) of this Section.
