Section 39: Offence and penalty.

The Control of National Highways (Land and Traffic) Act, 2002Central Act · Act 13 of 2003

(1) If any person, who has been evicted from any unauthorised occupation on a highway land under this Act, again occupies any highway land without permission for such occupation under this Act, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than one thousand rupees per square metre of so occupied highway land but which shall not exceed two times the cost of such highway land, or with both.

(2) Any court, convicting a person under sub-section (1), may make an order for evicting that person from such occupied highway land summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under sub-section (1) shall be cognizable.

Where this provision sits

Act	The Control of National Highways (Land and Traffic) Act, 2002
Section	39
Marginal note	Offence and penalty.
Jurisdiction	Central
Status	In force as published by the source

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