73. Obstructions and encroachments upon public streets and open sites.
(1)whoever not being duly authorized in this behalf within limits of a Panchayat area,-(a)have built or set up, or shall build or set up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or other encroachment or obstruction; or(b)deposit or cause to be placed or deposited any box, bale, package, or merchandise, or any other thing in any public street or place or in or over or upon any open drain, gutter, sewer or aquaduct in such street or places; shall, on conviction, be punished with fine which may extend to five hundred rupees and with further fine which may extend to ten rupees for every day on which such projection, encroachment, obstruction or deposit continues after the date of first conviction for such offence.(2)The Panchayat shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorized obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the Panchayat or not. The expense of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable as if it were a tax imposed under this Act.(3)Whoever, not being duly authorized in that behalf, removes earth, sand other than sand used for domestic purpose by residents of the Panchayat area or other materials from, or makes any encroachment in or upon any open site which is not private property shall, on conviction, be punished with fine which may extend to five hundred rupees, and(i)in the case of an encroachment, with further fine which may extend to ten rupees for every day on which the encroachment continues after the date of first conviction;(ii)in the case of removal of earth, sand or other materials, twice the value of such earth, sand or other material shall also be recoverable as a fine.(4)Nothing contained in this section shall prevent the Panchayat from allowing any temporary occupation of or erection in any public street on occasions of festivals and ceremonies or the piling of fuel in by-streets and sites in such manner as not to inconvenience the public or any individual.
