General Nuisances
(1) Whoever-
(a) in any street or other public place within a cantonment,--
(i) is drunk and disorderly or drunk and incapable of taking care of himself; or
(ii) uses any threatening, abusive or insulting words, or behaves in a threatening or insulting manner with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned; or
(iii) cases himself, or willfully or indecently exposes his person; or
(iv) loiters, or begs importunately, for alms; or
(v) exposes or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound; or
(vi) carries meat exposed to public view; or
(vii) is found gaming, or
(viii) pickets animals, or collects 1 [vehicles]; or
(ix) being engaged in the removal of night-soil or other offensive matter or rubbish, willfully or negligently permits any portion thereof to spill or fall, or neglects to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(x) without proper authority affixes upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or
(xi) without proper authority defaces or writes upon or otherwise marks any building, monuments, post, wall, fence, tree or other thing; or
(xii) without proper authority removes, destroys, defaces or otherwise obliterates any notice or other document put up or exhibited under this Act; or
(xiii) without property authority displaces, damages, or makes any alteration in, or otherwise interferes with, the pavement, gutter, storm water-drain, flags or other materials of any such street, or any lamp, bracket, direction-post, hydrant or water-pipe maintained by the 2 [Board] in any such street or public place, or extinguishes a public light; or
(xiv) carries any corpse not decently covered or without taking due precautions to prevent risk of infection or injury to the public health or annoyance to passers-by or to persons dwelling in the neighbourhood; or
(xv) carries night-soil or other offensive matter or rubbish at any hour prohibited by the 3 [Executive Officer] by public notice, or in any pattern of4 [vehicle] or receptacle which has not been approved for the purpose by the 3 [Executive Officer], or fails to close such 4 [vehicle] or receptacle when in use; or
(b) carries night-soil or other offensive matter or rubbish along any route in contravention of any prohibition made in this behalf by the 3 [Executive Officer] by public notice; or
(c) deposits, or causes or permits to be deposited, earth or materials of any description, or any offensive matter or rubbish, in any place not intended for the purpose in any street or other public place or waste or unoccupied land under the management of me 5 [Board]; or
(d) having charge of a corpse fails to bury, burn or otherwise lawfully dispose of the same within twenty-four hours after death; or
(e) makes any grave or buries or bums any corpse in any place not set apart for such purpose; or
(f) keeps or uses, or knowingly permits to be kept or used, any place as a common gaming house, or assist in conducting the business of any common gaming house; or
(g) at any time or place at which the same has been prohibited by the 3 [Executive Officer] by public or special notice, beats a drum or tomtom, or blows a horn or trumpet, or beats any utensil, or sounds any brass or other instrument, or plays any music; or
(h) disturbs the public peace or order by singing, screaming or shouting 6 [or by using megaphone or loud-speaker]; or
(i) lets loose any animal so as to cause, or negligently allows any animal to cause, injury, danger, alarm or annoyance to any person; or
(j) being the occupier of any building, or land in or upon which an animal dies, neglects within three hours of the death of the animal, or, if the death occurs at night, within three hours after sunrise, either--
(i) to report the occurrence to the Executive Officer or to an officer, if any, appointed by him in this behalf with a view to securing the removal and disposal of the carcass by the public conservancy establishment, or
(ii) to remove and dispose of the car case in accordance with any general directions given by the 3 [Board]by public notice or any special direction given by the Executive Officer on receipt of such report as aforesaid; or
(k) save with the written permission of the 7 [Executive Office and in such manner as he may authorise], stores or uses night-soil, manure, rubbish or any other substance emitting an offensive smell; or
(l) uses or permits to be used as a latrine any place not intended for that purpose; 8 [or]
8 [(m) uses or permits to be used without previous permission of the Executive Officer any premises for any trade involving offensive smell or smoke:] shall be punishable with fine which may extend to 9 [two hundred and fifty rupees].
(2) Whoever does not take reasonable means to prevent any child under the age of twelve years being in his charge from easing himself in any street or other public place within the cantonment shall be punishable with fine which may extend to twenty-five rupees.
(3) The owner or keeper of any animal found picketed or staying without a keeper in a street or other public place in a cantonment shall be punishable with fine which may extent to 10 [one hundred rupees].
(4) Any animal found picketed 11 [or straying] as aforesaid may be removed by any officer or servant of the 12 [Board] or by any police officer to a pound 13 [* * *].
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1. Substituted by Act 15 of 1983, section 76, for "carts" w.e.f. 1-10-1983.
2. Substituted by Act 24 of 1936, section 69 for "Cantonment Authority".
3. Substituted by Act 15 of 1983, section 76, for "Board" w.e.f. 1-10-1983.
4. Substituted by Act 15 of 1983, section 76, for "cart" w.e.f. 1-10-1983.
5. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
6. Inserted by Act 15 of 1983, section 76 w.e.f. 1-10-1983.
7. Substituted by Act 15 of 1983, section 76, for certain words w.e.f. 1-10-1983.
8. Inserted by Act 15 of 1983, section 76 w.e.f. 1-10-1983.
9. Substituted by Act 15 of 1983, section 76, for "fifty rupees" w.e.f. 1-10-1983.
10. Inserted by Act 2 of 1954, section 16.
11. Substituted by Act 2 of 1954, section 76, for "twenty rupees" w.e.f. 1-10-1983.
12. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
13. The words "as if the animal had been found straying" omitted by Act 2 of 1954, section 16.
Section 119 - Registration and control of dogs
Dogs
(1) A1[Board] may make bye-laws to provide for the registration of all dogs kept within the cantonment.
(2) Such bye-laws shall--
(a) require the registration, by the Officer Commanding each military2[unit or establishment or detachment], of all dogs kept in the lines occupied by that2[unit or establishment or detachment];
(b) require that every registered dog shall wear a collar to which shall be attached ametal token to be issued by the registration authority, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week,
and may provide for such other matters as the1[Board] thinks fit.
(3)3[The Executive Officer] may-
(a) cause to be destroyed, or to be confined for such period as4[he] may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies;
(b) by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed, and cause them to be destroyed accordingly.
(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section.
(5) Whoever, being the owner or person in charge of any dog, neglects to restrain it so that it shall not be at large in any street without being muzzled and without being secured by a chain lead in any case in which--
(a) he knows that the dog is likely to annoy or intimate any person, or
(b) the1[Board]has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads,
shall be punishable with fine which may extend to one hundred rupees.
(6) Whoever in a cantonment--
(a) allows any ferocious dog which belongs to him or is in his charge to be at large without being muzzled, or
(b) sets on or urges any dog or other animal to attack, worry or intimidate any person, or
(c) knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, neglects to give immediate information of the fact to the Executive Officer or gives information which is false,
shall be punishable with fine which may extend to two hundred rupees.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 77, for "unit" w.e.f. 1-10-1983.
3. Substituted by Act 15 of 1983, section 77, for "A Board" w.e.f. 1-10-1983.
4. Substituted by Act 15 of 1983, section 77, for "it" w.e.f. 1-10-1983.
Section 120 - Rule of the road
Traffic
Whoever in driving, leading or propelling a vehicle along a street fails, except in a case of actual necessity,
(a) to keep to the left when passing a vehicle coming from the opposite direction, or
(b) to keep to the right when passing a vehicle going in the same direction as himself, shall be punishable with fine which may extend to fifty rupees.
Section 121 to 127 - Prevention of fire, etc
Section 121 - Use of inflammable materials for building purposes
(1) A1[Board] may, by public notice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and external walls of huts or other buildings shall not, without the permission in writing of the1[Board] be made or renewed of grass, mats, leaves or other inflammable materials, and may, by notice in writing, require any person who has disobeyed any such direction as aforesaid to remove or alter the roofs or walls so made or renewed.
(2) A1[Board] may, by notice in writing, require the owner of any building in the cantonment which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such time as may be specified in the notice, notwithstanding that a public notice under sub-section (1) has not been issued or that such roof or wall was made with the consent of the1[Board] or before the issue of such public notice:
Provided that, in the case of any such roof or wall in existence before the issue of such a public notice or made with the consent of the1[Board],2[it] shall make compensation, not exceeding the original cost of constructing the roof or wall, for any damage caused by the removal.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 78, for "that Authority" w.e.f. 1-10-1983.
Section 122 - Stacking or collecting inflammable materials
A1[Board] may, by public notice, prohibit in any case where such prohibition appears to it to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within any limits therein, which may be specified in the notice.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
Section 123 - Care of naked lights
No person shall set a naked light on or near any building in any street or other public place in a cantonment in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use1[* * *] of lights for purposes of illumination on the occasion of a festival or public or private entertainment.
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1. Certain words omitted by Act 15 of 1983, section 79 w.e.f. 1-10-1983.
Section 124 - Regulation of cinematographic and dramatic performance
(1) Notwithstanding anything contained in1[any other law relating to sanctioning of cinematograph films for exhibition], no exhibition of pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose of which inflammable films are used, and no public dramatic performance2[ pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement,] shall be given in any cantonment elsewhere than in premises for which a licence has been granted by the3[Board] under this section.
(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes any part in any public dramatic performance2[, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement,] in contravention of the provisions of this section, or if the occupier of any premises allows them to be used in contravention of the provisions of this section or of any condition of any licence granted under this section, he shall be punishable with fine which may extend to4[five hundred rupees], and, in the case of continuing offence, with an additional fine which may extend to5[two hundred rupees] for each day after the first during which the offence continues.
(3) Nothing in this section shall be deemed to prohibit the giving of any exhibition or any dramatic performance6[, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement,]in any theatre or institute which is the property of Government where the exhibition, performance6[, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement,] is held with the permission and under the control of the military authorities.
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1. Substituted by Act 15 of 1983, section 80, for "the Cinematograph Act, 1918" w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 80, for "or pantomime," w.e.f. 1-10-1983.
3. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
4. Substituted by Act 15 of 1983, section 80, for "two hundred rupees" w.e.f. 1-10-1983.
5. Substituted by Act 15 of 1983, section 80, for "fifty rupees" w.e.f. 1-10-1983.
6. Substituted by Act 15 of 1983, section 80, for "or pantomime," w.e.f. 1-10-1983.
Section 125 - Discharging fire-works, fire-arms, etc
Whoever in a cantonment discharges any fire-arm or lets off fire-works or fire-balloons,1[or detonates or engages in any game or carries on works such as quarries, blasts, timber cutting or building operation in such manner as to cause] or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property shall be liable to fine which may extend to2[two hundred and fifty rupees].
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1. Substituted by Act 15 of 1983, section 81, for certain words w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 81, for "fifty rupees" w.e.f. 1-10-1983.
Section 126 - Power to require buildings, wells, etc., to be rendered safe
Where in a cantonment any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is, in the opinion of the1[Board],2[in a ruinous state or] for want of sufficient repairs, protection or enclosure,2[a nuisance or] dangerous to persons passing by or dwelling or working in the neighbourhood, the1[Board]3[by notice in writing may] require the owner4[or part-owner or person claiming to be the owner or part-owner thereof, or, failing any of them, the occupier] thereof5[to remove the same or may require him to repair],6[or to protect or to enclose] the same in such manner as it thinks necessary; and, if the danger is, in the opinion of the1[Board], imminent, it shall forthwith take such steps as it thinks necessary to avert the same.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Inserted by Act 7 of 1925, section 7.
3. Substituted by Act 8 of 1944, section 6, for "may, by notice in writing".
4. Inserted by Act 24 of 1936, section 38.
5. Substituted by Act 8 of 1944, section 6, for "either to remove the same or to repair".
6. Substituted by Act 24 of 1936, section 38, for "protect or enclose".
Section 127 - Enclosure of waste land used for improper purposes
A1[Board] may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner, of any building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the rest of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves, or is used for gaming or immoral purposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".