PUBLIC NUISANCES

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Whenever a District Manager a Sub-Divisional Magistrate or a 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 good 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 is likely to occasion conflagration or explosion, should be prevented or stopped, or

that any building, tent or structure, or any tree is such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood, or passing by, and that in consequence the removal, repair or support of such building, tent or structure, to 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,

SERVICE OR NOTIFICATION OF ORDER

The order shall, if practicable be served on the person against whom it is made, in manner, herein provided for,

if such order cannot be so served, it shall be notified by proclamation, published in such manner as the provisional Government may by rule direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.

PERSON TO WHOM ORDER IS ADDRESSED TO BODY OR SHOW CAUSE OR CLAIM JURY.

The person against whom such order is made shall–

  • perform, within the time and in manner specified in the order the act directed thereby; or

  • appear in accordance with such order and either show cause against the same, or apply to the Magistrate by whom it was made to appoint a jury to try whether the same is reasonable and proper.

CONSEQUENCES OF HIS FAILING TO DO SO.

If such person does not perform such act or appear and show cause or apply for the appointment of a jury as required by section 135, he shall be liable to the penalty prescribed in that behalf in section 188, of the Pakistan penal code, and the order shall be made absolute.

PROCEDURE WHERE TO APPEAR TO SHOW CAUSE.

  • If he appears and shows cause against the order, the Magistrate shall take evidence in the matter [in the manner provided in Chapter XX].

  • If Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be taken in the case

  • if the Magistrate is not so satisfied, the order shall be made absolute.

PROCEDURE WHEN HE CLAIMS JURY.

  • On evidence an application under section 135 to appoint a jury, the Magistrate shall,

  • forthwith appoint a jury consisting of an uneven number of persons not less than five, of whom the foreman and one-half of the remaining members shall be nominated by such Magistrate and the other members by the applicant;

  • summon such foreman and members to attend at such place and time as the Magistrate thinks fit, and

  • fix a time within which they are to return their verdict.

  • The time so fixed may, for good cause shown, be extended by the Magistrate.

PROCEDURE ON ORDER BEING MADE ABSOLUTE.

When an order has been absolute under section 136, section 137 or section 139, the Magistrate shall give notice of the same to the person against whom the order was made and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Pakistan Penal Code.

PROCEDURE ON FAILURE TO APPOINT JURY OR OMISSION TO RETURN VERDICT.

If the applicant, by neglect or otherwise, prevent the appointment of the jury, or if from any cause the jury appointed do not return their verdict within the time fixed or within such further time as the Magistrate may in his discretion allow, the Magistrate may pass such order as he thinks fit, and such order shall be executed in the manner provided by section 140.

INJUNCTION PENDING INQUIRY.

  • If the Magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may whether a jury is to be or has appointed or not issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.

  • In default of such persons forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or t0 prevent such injury.

  • No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

MAGISTRATE MAY PROHIBIT REPETITION OR CONTINUANCE OF PUBLIC NUISANCE.

A District Magistrate or Sub-Divisional Magistrate or any other Magistrate empowered by the [Provisional Government] or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Pakistan Penal Code or any special or local law.

Written by

AD, IMRANA HANIF

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