Amendment status not verified — confirm the current text below against the official source.
Prohibition of obstruction in streets- (1) No person shall, except with the written permission of the Commissioner granted in this behalf and in accordance with such conditions including the payment of rent or fee, as he may impose either generally or specially in this behalf- (a) erect or setup any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank. (b) deposit upon any street or upon channel, drain or well in any street or upon any public, place any stall, chair, bench, box, ladder, bale or other thing whatsoever, so as to form an obstruction there to or encroachment thereon. (2) Whoever contravenes any provision of sub-section (1) shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both and with further fine which may extend to one hundred rupees for every day on which such contravention continues after the date of first conviction for such offence. Madhya Pradesh Municipal Corporation Act, 1956 139 | P a g e (3) Without prejudice to the action under sub-section (2), the Commissioner, notwithstanding anything contained in this Act, may after giving such notice as may be prescribed, cause to be removed any obstruction or encroachment as described in clause (a) and (b) of sub-section (1). (4) Any of the things caused to be removed by the Commissioner under sub-section (3) shall, unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by the Chief Executive Officer by public auction or in such other manner and within such time as the Commissioner thinks fit. (5) The Police Officer shall not investigate into the offence under this Section except on a report made in writing in this behalf by the Commissioner. 322-A. Maintenance of record and submission of report of encroachment- (1) Every officer incharge of a Ward Committee of such other officer or a servant to whom the duties have been assigned to maintain record of open land or public places belonging to the Corporation shall be responsible to submit reports of occurrence of any encroachment. (2) The Commissioner on receipt of report under sub-section (1) shall take action to remove such encroachment as soon as possible. (3) If the officer or servant incharge responsible to keep watch over the encroachments, fails to inform the Commissioner within one month from the date of occurrence of encroachment, such officer or servant shall be deemed to be guilty of dereliction of his duties and disciplinary action shall be taken against such officer or servant. (4) The Commissioner shall inform the Mayor-in-Council every month about the states of encroachment on open land or public places belonging to the Corporation the action taken or proposed to be taken in respect of them and the name of officers and servants found guilty of dereliction of duties as envisaged under sub-section (3).