THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
CHAPTER X
PUBLIC NUISANCES
133. Conditional order for
removal of nuisance. (1) Whenever a [1][Magistrate
of the first class] considers, on receiving a police report or other information
and on taking such evidence (if any) as he thinks fit.
that any unlawful obstruction or nuisance
should be removed from any way, river or channel which is or may be lawfully
used by the public, or from any public place; or
that the conduct of any trade or occupation,
or the keeping of any goods or merchandise, is injurious to the health or
physical comfort of the community, and that in consequence of such trade or
occupation should be prohibited or regulated or such goods or merchandise
should be removed or the keeping thereof regulated; or
that the construction of any building, or
the disposal of any substance, as likely to occasion conflagration or
explosion, should be prevented or stopped; or
that any building, tent or structure, or any
tree is in such a condition that it is likely to fall and thereby cause injury
to persons living or carrying on business in the neighbourhood or passing by,
and that in consequence the removal, repair or support of such building, tent
or structure, or the removal or support of such tree, is necessary; or
that any tank, well or excavation adjacent
to any such way or public place should be fenced in such manner as to prevent
danger arising to the public; or
that any dangerous animal should be
destroyed, confined or otherwise disposed of,
such Magistrate may make a conditional order
requiring the person causing such obstruction or nuisance, or carrying on such
trade or occupation, or keeping any such goods or merchandise, or owning,
possessing or controlling such building, tent, structure, substance, tank, well
or excavation, or owning or possessing such animal or tree, within a time to be
fixed in the order,
to remove such obstruction or nuisance; or
to desist from carrying on, or to remove or regulate the keeping thereof
in such manner as may be directed such trade or occupation; or
to remove such goods, or merchandise, or to regulate the keeping thereof
in such manner as may be directed; or
to prevent or stop the erection of, or to remove, repair or support,
such building, tent or structure; or
to remove or support such tree; or
to alter the disposal of such substance; or
to fence such tank, well or excavation, as the case may be; or
to destroy, confine or dispose of such dangerous animal in the manner
provided in the said order;
or, if he objects so to do,
to appear before himself or some other [2][Magistrate
of the First Class], at a time and place to be fixed by the order, and move to
have the order set aside or modified in the manner hereinafter provided.
(2) No order duly made by a
Magistrate under this section shall be called in question in any
Explanation. A “public place” includes also property belonging
to the State, camping grounds and grounds left unoccupied for sanitary or
recreative purposes.]