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Report No. 138

5.4. Provision in the U.P. Municipalities Act.-

Section 265 of the U.P. Municipalities Act, 1916 is another example of a provision which deals with obstructions. It is enough to quote sub-sections (1), (2) and (3) of section 265, which read as under:-

"265. Obstruction of street.-(1) Whoever without the written permission of the board:-

(a) causes or allows any vehicle, with or without an animal harnessed thereto, to remain or stand so as to cause obstruction in any street longer than may be necessary for loading or unloading or for taking up or setting down passengers, or

(b) leaves or fastens any vehicle or animal so as to cause obstruction in any street, or

(c) exposes any article for sale whether upon a stall or both or in any other manner, so as to cause obstruction in any street, or

(d) deposits, or suffers, to be deposited, any building materials, box, bale, package or merchandise in any street, or

(e) erects or sets up any fence, rail, post, stall or any scaffolding or any other such fixture any street, or

(f) in any manner wilfully obstructs or causes obstruction to the free passage of any street. shall be liable upon conviction to fine which may extend to five hundred rupees and in case of a continuing breach to a further fine which may extend to ten rupees for every day after the day of first conviction during which the offender is proved to have persisted in the commission of the offence.

(2) The board shall have power to remove any obstruction referred to in sub-section (1), and the expense of such removal shall be recoverable from the offender in the manner provided by Chapter VI.

(3) The power exercisable by a board under sub-section (2) to remove obstruction from streets shall also be exercisable for the removal by the board of obstruction from any open space, whether vested in the board or not, which is not private property.

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