Amendment status not verified — confirm the current text below against the official source.
( I ) (a) When the cormittee considers that in any street other i require repair5 than a public street, or in any pan, of such street within the municipality, it Of 'lreer and lo is necessary for the public health, convenience or safety, that any work declwe such ! swcets public. should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof the municipal committee may by written notice requim the owner or owners such street or part thereof, to carry out such work in a manner and within a rime to be specified in such notice. (b) Should the owner refuse or should he fail to carry out the work within the 'time specified,'the committee may, by writt'en notice, require the owners of the land or buildings, fronting adjoining or abutting upon such strect or part thereof to carry out the work in such manner and within such time as may be specified in the notice. (2) If compliance with thc terms of the notice issued under clause (b) of sub-section (I) is noi effccted within the time specified the committee, may, if it think fit, itself cxccute the work and may recover under the provisions of section 95 the expenses incurred in doing so in such proportion as ir may deem equitable from the owner of the street and the persons scrved with notice under clause (h) of sub-scction {I). . , After such work has been carried out by the persons served with a notice under clause (b) of sub-section ( I ) or as provided in sub-section (2) by the committee at the expense of such persons and the owner of the street, the street or part thereof,, in which such work has been done, may, and on the requistion of the owner or owners of the major porrion of the said street or pan thereof, or on the requistion of a majority of the persons served with a notice under clause (b) of subrsection (11, it shall be declared by a public notice to be put up there in by thexomittee .to be a public street and shall vest in the committee. (4) Acommitteemay itany time, by noticefixedupinany I street or part thereof not maintainable by the committee, give intimation of their intention to declare the same a public strwt, and unless within r one month next after such notice has been so put up, the owner or any . one off several owners of such street or such part of a street lodge objection thereto at the municipal office, the municipal commi tree may, by notice in writing, put up in such strcec, or such part, declare the same to be a public street vested in the comitiee. 1973 : Baryana Act 24 1 MUNICWAL 137 'Il81. ( I ) Whoever without the written pertnksion of the Committee, Punishment lor makes any immovable encroachment on or under any street, on, over or i m m ~ v a b l e under any sewer, or, water course or crects or re-erects any immovable encroachmeni or overhanging overhanging structure projecling into a street at any point above the said ,,,,,ure ground level shall bc punishable with imprisonment for a term up to six months or with a fine which shall not be i&& than i[&o thdusand rupees] and more than 2[ten thousand rupees] . , or both. ' , I ' "(2) Without prejudice to the provisions of sub-section ( I ) , the committee, r h t executive officer or the secreta j, as the case may be, may, by nolice, call upon any person who has committed a breach of the provisions contained in the said sub-section, to stop the unauthorised constructivn forthwith and to remove or- alter such immovable encroachment or overhanging structure as, aforsaid within a period of seven days and if such persoh fails to show cause to the satisfaction of the comrriittee, [he executive officer or the secretary, as the case may bc, within the saidperiod of seven days, h e commitlw, theexecutive officer or 'the secretary, as the case may be, shall proceed .to remo:vei thc unnuthorised constructioh and the cost of such removal shall be & o ~ . ~ r e d from the defaulter. Tf the defauIter fails to pay the cusr: of removal of unauthorised construction on demand within fifteen days, the cost shall be recoverable from such person as arrears of land revenue and the committee shall disxonnect the water supply ai~d the-scwerage connections , ' , . 1 , , . , . , , ~ , , , , ) I : Provided rhat if a,peA4b of moic than five years has elapsed I ) : : , . I ' I . , , 9 , , . from thc completion of encroachment or over h,aqging structure, no prosecution shall Ire under sub-section (I).] ' "