Section 38: Prohibition to leave vehicles or animals in dangerous position

(1) No person in charge of, or in possession of, any vehicle or animal shall allow such vehicle or animal to stand or proceed on a highway unless the same is under such safety or other control as may be prescribed. (2) Where any obstruction on the highway is caused in contravention of sub-section (1), the vehicle or animal causing such obstruction shall be caused to be towed away by the officer authorised by the State Government in this behalf and the vehicle or animal so towed away shall be taken into possession by such officer and shall be handed over to the owner thereof upon payment of the expenses incurred by such officer in such removal and shall be liable to fine imposed by such officer, which shall not be less than one thousand rupees and not more than five thousand rupees. (3) In case where the expenses and fine in respect of the vehicle or animal taken into possession under sub-section (2) have not been paid under that sub-section, the officer authorised by the State Government in this behalf shall sell such vehicle or animal by auction and the proceeds of the auction shall be the property of the State Government. (4) Any person who has unauthorised occupation on a highway land shall be summarily evicted by the officer authorised by the State Government in this behalf in the manner specified in section 42 for removal of unauthorised occupation and shall be liable to fine imposed by such officer, which shall not be less than two thousand rupees per square meter of the unauthorisedly occupied land by him but which may be extended to the cost of private land adjacent to the highway.