MMCNPIT Act 181Chapter XI · Streets And Open Spaces
Section 181 · Projections, encroachments, etc. in public places and open spaces whether vesting in Council or not
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(1)
The provisions of Section 180 shall mutatis mutandis apply to any public place or any open space, vesting in the Council.(2)
The provisions of sub-section (2) and (3) of section 180 shall apply to any public place or any open space which is not a private property and which does not vest in the Council:Provided that, if such public place or open space is vested in Government the permission of the Collector shall first be obtained.(3)
Whoever not being duly authorised in that behalf, removes earth, sand or other material from or makes any encroachment in or upon any open space which is not a private property, shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of continuing offence with further fine which may extend to [one thousand rupees] [These words were substituted for the words 'one hundred rupees' by Maharashtra 1 of 2011, Section 4(1), (w.e.f. 14-1-2011).], and in the case of continuing offence with further fine which may extend to [two hundred rupees] [These words were substituted for the words 'twenty rupees' by Maharashtra 1 of 2011, Section 4(2), (w.e.f. 14-1-2011).] for every day after the first during which such offence continues.The offence at a glance
- Fine
- ₹1,000
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
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