Bare ActsKerala Municipality Act, 1994

Section 358

Power of Municipality to recover expenses caused by extraordinary traffic.

Amendment status not verified — confirm the current text below against the official source.

Whereby a certificate of [Municipal Engineer] it appears to Municipality that, having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the Municipality in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, the Municipality may, [require by notice, any person by whose direction such weight or traffic has been caused, to pay to the Municipality the amount of such expenses incurred by it]: Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the Municipality for the payment to it of a compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceeding under this section. Substituted for the words "an officer not below the rank of the Executive Engineer of the public works department" by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for the words "by suit in a civil court having jurisdiction, recover from any person by or in consequence of whose orders such weight or traffic has been caused, the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by the Municipality by reason of the damage arising from such weight or traffic" by Act 14 of 1999, w.e.f. 24-3-1999.

Section 358 – Kerala Municipality Act, 1994 | DailyLaw.ai