(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other
Executive Magistrate specially empowered in this behalf by the State Government, on
receiving the report of a police officer or other information and on taking such evidence (if
any) as he thinks fit, considers—
(a) that any unlawful obstruction or nuisance should be removed from any
public place or from any way, river or channel which is or may be lawfully used by the
public; or
(b) 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
(c) that the construction of any building, or, the disposal of any substance, as
is likely to occasion configuration or explosion, should be prevented or stopped; or
(d) 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
(e) 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
(f) 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—
(i) to remove such obstruction or nuisance; or
(ii) 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
(iii) to prevent or stop the construction of such building, or to alter the
disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to
remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) 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 Executive Magistrate
subordinate to him at a time and place to be fixed by the order, and show cause, in the
manner hereinafter provided, why the order should not be made absolute.
(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.
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