173. Power to permit occupation of public street and to remove obstruction.
- [(1) The committee may grant permission in writing, on such conditions as it may deem fit for the safety or convenience of persons passing by, or dwelling or working in the neighbourhood, and may charge fees for such permission, and may at its discretion withdraw the permission, to any person to -(a)place in front of any building any movable encroachment upon the ground level of any public street or over or on any sewer drain or water- course or any movable overhanging structure projecting into such public street at a point above the said ground level,(b)take up or alter the pavement or other materials for the fences or posts of any public street, or(c)deposit or cause to be deposited building materials, goods for sale, or other articles on any public street, or(d)make any hole or excavation on, in or under any street, or remove materials from beneath any street, so as to cause risk of subsidence, or(e)erect or set up any fence, post, stall or scaffolding in any public street.](2)Whoever does any of the acts mentioned in sub-section (1) without the written permission of the committee shall be punishable with fine which may extend to [five hundred rupees] [Substituted for the words 'fifty rupees' by Punjab Act No. 8 of 1974.] and the committee or the secretary of the committee or the Medical Officer of Health or any person authorised by the committee may -(i)after reasonable opportunity has been given to the owner to remove his material and he has failed to do so, remove or cause to be removed by the police, or any other agency, any such movable encroachments or overhanging structures and any such materials, goods or articles, of merchandise and any such fence, post, stall, or scaffolding.(ii)and take measures to restore the street to the condition it was in before any such alteration, excavation or damage.(8)If the material specified in clause (i) of sub-section (2) has not been claimed by the owner within a fortnight of its having been deposited for safe custody by the committee or if the owner shall fail to pay to the committee the actual cost of removal or deposit in safe custody, the committee may have the material sold by auction at the risk of the owner, and the balance of the proceeds of such sale shall after deduction of the expenditure incurred by the committee be paid to the owner, or if the owner cannot be found, or refuses to accept payment the balance shall be kept in deposit by the committee until claimed at the risk of the person entitled thereto and if no claim is made within two years the committee may credit the amount to the municipal fund.Explanation. - For the purposes of this section 'movable encroachment' includes a seat or settee and 'movable overhanging structure' includes an awning of any material.
