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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter X

PUBLIC NUISANCES

Conditional order for removal of nuisance
133.(1) Whenever a District Magistrate, 1[or any other Executive Magistrate] 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 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 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 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[Executive Magistrate] 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 Civil Court.
 
 
Explanation-A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

  • 1
    The words “or any other Executive Magistrate” were substituted for the words “a Sub-divisional Magistrate or a Magistrate the first class” by section 51 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 2
    The words “Executive Magistrate” were substituted for the words “Magistrate of the first class or second class” by section 51 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
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