- Whoever.-(a)occupies or makes any encroachment on any highway in contravention of the provisions of sub-section (1) of section 31; or(b)fails to comply with the notice served on him under sub-section (1) of section 33 for no valid reason, shall on conviction be punishable.-(i)for first offence with fine which may extend to five thousand rupees: and(ii)for a subsequent offence in relation to the same encroachment with fine which may extend to ten thousand rupees, and(c)for persistent encroachment, imprisonment upto two months plus a further fine not exceeding live hundred rupees per day on which such occupation of the highway or encroachment continues.Explanation.-For the purposes of this sub-clause. "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 sub-clause (b) of this section.
