Road Traffic Act · s 79B

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79B.
Power to remove structures from roads
(1) Where any structure has been erected or set up on or over any road or any road reserve otherwise than under the authority of any written law, the Director General of Public Works may, by notice in writing, require the person having control or possession of that structure to remove it within such period as may be specified in the notice or within such extended period as the Director General of Public Works may allow.
(2) If any structure in respect of which a notice has been served under this section is not removed, the Director General of Public Works may remove the structure:
Provided that the power of the Director General of Public Works under this subsection shall not be exercised until the expiration of one month after the date of the service of the notice.
(3) Notwithstanding subsections (1) and (2), where there is a likelihood of immediate danger to traffic arising from any structure, the
Director General of Public Works may take such action as is necessary to remove such structure without giving notice to any person.
(4) Where any structure has been removed by the Director General of Public Works under this section, and the expenses of the removal and detention of the structure have not been paid within one week after the date of such removal, the Director General of Public Works may, after giving one month’s notice in writing to the person having control or possession of the structure immediately before such removal, sell by public auction or otherwise dispose of such structure; and any proceeds from such sale or disposal shall be applied in payment of the expenses of such removal and detention and any surplus shall be paid to the person having the control or possession of the structure immediately before such removal or shall, if not claimed by such person within 3 months after the date of the sale or disposal, be forfeited to the Government.

Road Traffic 78
(5) Nothing in subsection (4) shall prohibit —
(a) the disposal, as the Director General of Public Works may consider necessary, of any food or other perishable goods removed together with the structure, and any proceeds from any such disposal shall be applied in the manner provided in that subsection; and
(b) the recovery as a civil debt of the whole or part of the expenses of removal and detention from the person having the control or possession of the structure immediately before such removal.
(6) Notice under subsection (1) may be served either personally, by post or by affixing it to the structure to which the notice relates.
(7) In this section, “structure” includes any machine, pump, post and any other such object as is capable of causing obstruction or of endangering traffic.

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s 79BPower to remove structures from roads

(1)

Where any structure has been erected or set up on or over any road or any road reserve otherwise than under the authority of any written law, the Director General of Public Works may, by notice in writing, require the person having control or possession of that structure to remove it within such period as may be specified in the notice or within such extended period as the Director General of Public Works may allow.

(2)

If any structure in respect of which a notice has been served under this section is not removed, the Director General of Public Works may remove the structure:

Provided that the power of the Director General of Public Works under this subsection shall not be exercised until the expiration of one month after the date of the service of the notice.

(3)

Notwithstanding subsections (1) and (2), where there is a likelihood of immediate danger to traffic arising from any structure, the

Director General of Public Works may take such action as is necessary to remove such structure without giving notice to any person.

(4)

Where any structure has been removed by the Director General of Public Works under this section, and the expenses of the removal and detention of the structure have not been paid within one week after the date of such removal, the Director General of Public Works may, after giving one month’s notice in writing to the person having control or possession of the structure immediately before such removal, sell by public auction or otherwise dispose of such structure; and any proceeds from such sale or disposal shall be applied in payment of the expenses of such removal and detention and any surplus shall be paid to the person having the control or possession of the structure immediately before such removal or shall, if not claimed by such person within 3 months after the date of the sale or disposal, be forfeited to the Government.

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(5)

Nothing in subsection (4) shall prohibit —

(a)

the disposal, as the Director General of Public Works may consider necessary, of any food or other perishable goods removed together with the structure, and any proceeds from any such disposal shall be applied in the manner provided in that subsection; and

(b)

the recovery as a civil debt of the whole or part of the expenses of removal and detention from the person having the control or possession of the structure immediately before such removal.

(6)

Notice under subsection (1) may be served either personally, by post or by affixing it to the structure to which the notice relates.

(7)

In this section, “structure” includes any machine, pump, post and any other such object as is capable of causing obstruction or of endangering traffic.