MMCNPIT Act 186Chapter XI · Streets And Open Spaces

Section 186 · Displacing pavements, etc

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(1)

No person shall without the permission of the Chief Officer or any other lawful authority displace, take up, or make any alteration in, or make any hole in, or otherwise damage the pavement, gutter, flags or other materials of any public street, or the fences, walls or posts thereof, or any municipal lamp, lamp-post, bracket, water-post, hydrant, or other accessories of a lamp, water-post or hydrant or such other municipal property therein, or extinguish a municipal lamps.

(2)

Every person to whom any permission is granted under sub-section (1), shall, at his own expense, cause the place where the soil or pavement has been opened or broken up, materials have been taken up or any erection or other thing set up to be properly fenced and guarded, and in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night.

(3)

Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to [one thousand rupees] [These words were substituted for the words 'one hundred rupees' by Maharashtra 1 of 2011, Section 7, (w.e.f. 14-1-2011).].

(4)

Any person who has displaced, taken up or made alteration in or made a hole in or otherwise damaged any such pavement, gutter, flags, or other materials, of any, public street or such fences, walls, posts, municipal lamp, lamp-post, bracket, water-post hydrant, or other accessories of a lamp, water-post or hydrant, or other municipal property or extinguished a municipal lamp, whether with or without the permission required under sub-section (1), shall, in addition to any penalty under sub­section (3), be liable to pay the expenses which the Council may incur in replacing or restoring the same. Such expenses shall be recoverable in the same manner as an amount due on account of a property tax.

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

Derived from the First Schedule Part II rule — not listed section by section

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