THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

(3) Where the Secretary is satisfied that any road or public street includingfootpath, if any, thereof belonging to the Municipality or vested in it or otherwise is encroachedupon by any person in any form, either temporarily or permanently so as to cause obstructionor hindrance or inconvenience to traffic and users of the street, the Secretary may summarilyevict such encroachments and may seize and dispose of any belonging or article that may befound on such road or street and no person shall be entitled to claim compensation for anyaction taken by the Secretary in this behalf.6 [368. Power to allow certain works.— (I) The Municipality may grant a licence, subjectto such conditions and restrictions as it may think fit, to the owner or occupier of any premises tocover drains necessary for access to the premises.](2) A Municipality, may grant a licence, subject to such conditions and restrictions as itmay think fit, for the temporary erection of pandals and other structures in a public streetvested in the Municipality or in any other public place the control of which is vested in theMunicipality.(3) A Municipality shall have power to lease roadsides and street margins vested in itfor occupations on such terms and conditions and for such period as it may fix.(4) No licence under sub-section (1) or a lease under sub-section (3) shall be granted ifthe 7 [x x J, construction or occupation is likely to be injurious to health or cause public inconvenienceor otherwise materially interfere with the use of the road as such.(5) The Government may, by notification, restrict and impose such control in, as theymay think fit, the exercise by Municipalities in general or by any Municipality in particular, ofthe powers under cub-sections (1) and (3).(6) On the expiry of any period for which a licence has been granted under this section,the Secretary, may, without notice, cause any 8 fconstructionJ put up under sub-section (I) orsub-section(2) to be removed, and the cost thereof shall be recovered in the manner providedin section 538 from the person to whom the licence was granted.369. Prohibition of structures or fixtures which cause obstruction in publicstreets.— No person shall except with the written permission of a Municipality erect or set upwithin a municipal area any wall, fence, rail, post, step, booth or other structures or fixtures in orupon any public street or upon or over any open channel, well or tank in any street so as to forman obstruction, or an encroachment upon or a projection over, or to occupy any portion of suchstreet, channel, drain, well or tank.370. Prohibition of deposits etc., of things on public street.— Without permissionof the Secretary,-(a) no person shall place or deposit upon any public street or upon any open channel,drain, or well in any street or in any public place within a municipal area, any stall, chair,bench, box, ladder, bale or other things so as to form an obstruction or encroachment thereto;(b) no workshops doing repair work of motor vehicles or motor vehicle parts shall doany repair work or for doing repair work or after doing repair work, park upon public streetsnear their premises.6. Marginal fleading and sub-section (J) substituted by Act 14 of J999, w.e.f. 24-3-(999.7. The words "projection" omitted by Act 14 of J999, w.e.f. 24-3-1999.8. Substituted for "projection or construction" by Act 14 of 1999, w.e.f. 24-3-1999.