Cantonments Act, 1924 Chapter XI

Section 178A - Sanction for building

¹[178A. Sanction for building,

No person shall erect or re-erect a building on any land in a cantonment--

(a) in an area, other than the civil area, except with the previous sanction of the Board;

(b) in a civil area, except with the previous sanction of the Executive Officer,

nor otherwise than in accordance with the provisions of this Chapter and of the rules and bye-laws made under this Act relating to the erection and re-erection of buildings.]

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1. Substituted by Act 15 of 1983, section 100, for section 178A w.e.f. 1-10-1983.

Section 179 - Notice of new buildings

¹[(1) Whoever intends to erect or re-erect any building in a cantonment shall apply for sanction by giving notice in writing of his intention,--

(a) where such erection or re-erection is in an area, other than the civil area, to the Board;

(b) where such erection or re-erection is in a civil area, to the Executive Officer.]

(2) For the purposes of this Act, a person shall be deemed to erect or re-erect a building who--

(a) makes any material alteration or enlargement of any building, or

(b) converts into a place for human habitation any building not originally constructed for human habitation, or

(c) converts into more than one place for human habitation a building originally constructed as one such place, or

(d) converts two or more places of human habitation into a greater number of such places, or

(e) converts into a stable, cattle-shed or cow-house any building originally constructed for human habitation, or

²[(ee) converts into a dispensary, stall, shops, warehouse, godown, factory or garage any building originally constructed for human habitation, or]

(f) makes any alteration which there is reason to believe is likely to affect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene, or

(g) makes any alteration to any building which increases or diminishes the height of, or area covered by, or the cubic capacity of, the building, or which reduces the cubic capacity of any room in the building below the minimum prescribed by any bye-law made under this Act.

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1. Substituted by Act 15 of 1983, section 101, for sub-section (1) w.e.f. 1-10-1983.

2. Inserted by Act 15 of 1983, section 101 w.e.f. 1-10-1983.

Section 180 - Conditions of valid notice

(1) A person giving the notice required by section 179 shall specify the purpose for which it is intended to use the building to which such notice relates.

(2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required under bye-laws made under this Act have been furnished to the satisfaction of the¹[Board or the Executive Officer, as the case may be,] along with the notice.

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1. Substituted by Act 15 of 1983, section 102, for "Board" w.e.f. 1-10-1983.

Section 180A - Powers of Board under certain sections exercisable by Executive Officer

¹[180A. Powers of Board under certain sections exercisable by Executive Officer

The powers, duties and functions of the Board under section 181, sub-section (1) of section 182, section 183, section 183 A and section 185 [excluding the provisions to sub­section (1) and the proviso to sub-section (2) of the said section 185] shall be exercised or discharged in a civil area by the Executive Officer.]

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1. Inserted by Act 15 of 1983, section 103 w.e.f. 1-10-1983.

Section 181 - Power of Board to sanction or refuse

(1)The ¹ [Board] may either refuse to sanction the erection orre-erection, as the case may be, of the building, or may sanction it eitherabsolutely or subject to such directions as it thinks fit to make in writing inrespect of all or any of the following matters, namely :--

(a)the free passage or way to be left in front of the building;

(b)the space to be left about the building to secure free circulation of air andfacilitate scavenging and the prevention of fire;

(c)the ventilation of the building, the minimum cubic area of the rooms and thenumber of height of the storeys of which the buildings may consist;

(d)the provision and position of drains, latrines, urinals, cesspools or otherreceptacles for fifth;

(e)the level and width of the foundation, the level of the lowest floor and thestability of the structure;

(f)the line of frontage with neighbouring buildings if the building abuts on astreet;

(g)the means to be provided for egress from the building in case of fire;

(h)the materials and method of construction to be used for external and party wallsfor rooms, floors, fire-places and chimneys;

(i)the height and slope of the roof above the uppermost floor upon which humanbeings are to live or cooking operations are to be carried on; and

(j)any other matter affecting the ventilation and sanitation of the buildings,

andthe person erecting or re-erecting the building shall obey all such writtendirections in every particular.

² [³ [(2)The Board may refuse to sanction the erection or re-erection of any building onany grounds sufficient in the opinion of the Board affecting the particularbuilding:

Providedthat the Board shall refuse to accord sanction the erection or re-erection ofany building if such erection or re-erection is not in conformity with anygeneral scheme sanctioned under section 181A.]

(3)The Board, before sanctioning the erection or re-erection of a building on landwhich is under the management of the ⁴ [Defence Estates Officer],shall refer the application to the ⁴ [Defence Estates Officer] forascertaining whether there is any objection on the part of Government to sucherection or re-erection; and the ⁴ [Defence Estates Officer] shallreturn the application together with his report thereon to the Board withinthirty days after it has been received by him.

(4)The Board may refuse to sanction the erection or re-erection of any building--

(a)when the land on which it is proposed to erect or re-erect the building is heldon a lease from the Government, if the erection or re-erection constitutes abreach of the terms of the lease, or

⁵ [(aa)when the land on which it is proposed to erect or re-erect the building isentrusted to the management of the Board by the Government if the erection orre-erection constitutes a breach of the terms of the entrustment of managementor contravenes any of the instructions issued by the Government regarding themanagement of the land by the Board, or]

(b)when the land on which it is proposed to erect or re-erect the building is notheld on a lease from the Government, if the right to build on such, land is indispute between the person applying for sanction and the Government.

(5)If the Board decides to refuse to sanction the erection or re-erection of thebuilding, it shall communicate in writing the reasons for such refusal to theperson by whom notice was given.

(6)Where the Board neglects or omits, for one month after the receipt of a validnotice, to make and to deliver to the person who has given the notice any orderof any nature specified in this section, and such person thereafter by a writtencommunication sent by registered post to the Board calls the attention of theBoard to the neglect or omission, then, if such neglect or omission continuesfor a further period of fifteen days from the date of such communication theBoard shall be deemed to have given sanction to the erection or re-erection, asthe case may be, unconditionally :

Providedthat, in any case to which the provisions of sub-section (3) apply, the periodof one month herein specified shall be reckoned from the date on which the Boardhas received the report referred to in that sub-section.]

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1.Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2.Sub-sections (2) to (6) Substituted by Act 24 of 1936, section 47, for theoriginal sub-sections (2), (3) and (4).

3.Substituted by Act 15 of 1983, section 104, for sub-section (2) w.e.f.1-10-1983.

4.Substituted by Act 15 of 1983, section 104, for "Military EstatesOfficer" w.e.f. 1-10-1983.

5.Inserted by Act 15 of 1983, section 104 w.e.f. 1-10-1983.

Section 181A - Power to sanction general scheme for prevention, of overcrowding, etc

¹[181A. Power to sanction general scheme for prevention, of overcrowding, etc

The Officer Commanding-in-Chief, the Command may sanction a general scheme of erection or re-erection of buildings within such limits as may be specified in the sanction for the prevention of over-crowding or for purpose of sanitation, or in the interest of persons residing within those limits or for any other purpose, and may, in pursuance of such scheme, impose restrictions on the erection or re-erection of buildings within those limits:

Provided that no such scheme shall be sanctioned by the Officer Commanding-in-chief, the Command, unless an opportunity has given by a public notice to be published locally by the Executive Officer requiring persons affected or likely to be affected by the proposed scheme, to file their objections or suggestions in the manner specified in the notice, within a period of fifteen days of the publication of such notice, and after considering such objections and suggestions, if any, received by the Executive Officer within the said period.]

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1. Inserted by Act 15 of 1983, section 105 w.e.f. 1-10-1983.

Section 182 - Compensation

(1) No compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of the refusal of the¹[Board] of sanction to the erection of any building or in respect of any direction issued by it under sub-section (1) of section 181.

(2) The¹[Board] shall make compensation to the owner of any building for any actual damage or loss sustained by him in consequence of the prohibition of the re-erection of any building or of its requiring any land belonging to him to be added to the street:

Provided that the¹[Board] shall not be liable to make any compensation in respect of the prohibition of the re-erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation.

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

Section 183 - Lapse of sanction

Every sanction for the erection or re-erection of a building given or deemed to have been given by the¹[Board] as hereinbefore provided shall be available for one year from the date on which it is given, and, if the building so sanctioned is not begun by the person who has obtained the sanction or some one lawfully claiming under him within that period, it shall not thereafter be begun²[unless the Board on application made therefor has allowed an extension of that period].

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2. Substituted by Act 24 of 1936, section 48, for "without fresh sanction obtained in the manner herein before provided".

Section 183A - Period for completion of building

¹[183A. Period for completion of building.--

A Board, when sanctioning the erection or re-erection of a building as hereinbefore provided, shall specify a reasonable period after the work has commenced within which the erection or re-erection is to be completed, and, if the erection or re-erection is not completed with the period so fixed, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made therefor has allowed an extension of that period:

Provided that not more than two such extensions shall be allowed by the Board in any case.]

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1. Inserted by Act 24 of 1936, section 49.

Section 183B - Completing notice

¹[183B. Completing notice

Every person to whom sanction for the erection or re-erection of any building in any area in a cantonment has been given or deemed to have been given under section 181 by the Board or the Executive Officer, as the case may be, shall, within thirty days after completion of the erection or re-erection of the building give a notice of completion in writing to the Board or the Executive Officer, as the case may be, and the Board or the Executive Officer shall on receipt of such notice cause the building to be inspected in order to ensure that the building has been completed in accordance with the sanction given by the Board of the Executive Officer, as the case may be.]

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1. Inserted by Act 15 of 1983, section 106 w.e.f. 1-10-1983.

Section 184 - Illegal erection and re-erection

Whoever begins, continues or completes the erection or re-erection of a building--

(a) without having given a valid notice as required by sections 179 and 180, or before the building has been sanctioned or is deemed to have been sanctioned, or

(b) without complying with any direction made under sub-section (1) of section 181, or

(c) when sanction has been refused, or has ceased to be available¹[or has been suspended by the Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 52],

shall be punishable with fine which may extend to²[five thousand rupees].

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1. Inserted by Act 24 of 1936, section 50.

2. Substituted by Act 15 of 1983, section 107, for "five hundred rupees" w.e.f. 1-10-1983.

Section 185 - Power to stop erection or re-erection or to demolish

¹[(1)]²[Board] may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the²[Board] considers that such erection or re-erection is an offence under section 184, and may in any such case³[or in any other case in which the Board considers that the erection or re-erection of a building is an offence under section 184, within⁴[twelve months] of the completion of such erection or re-erection] in like manner direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so erected or re-erected:

Provided that the²[Board] may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable:

⁵[Provided further that the Board shall not, without the previous concurrence of the Officer Commanding-in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board.

(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the order under section 181 sanctioning the erection or re-erection has been suspended by the Officer Commanding-in-chief, the Command, under clause (b) of sub-section (1) of section 52, and shall in any such case in like manner direct the demolition or alteration as the case may be of the building or any part thereof so erected or re-erected where the Officer Commanding-in-chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re-erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him :

Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the Officer Commanding-in-Chief, the Command, has been communicated to him.]

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1. The original section 185 was re-numbered as sub-section (1) of that section by Act 24 of 1936, section 51.

2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

3. Inserted by Act 24 of 1936, section 51.

4. Substituted by Act 2 of 1954, section 17, for "six months".

5. Inserted by Act 24 of 1936, section 51.

Section 186 - Power to make bye-laws

¹[Board] may make bye-laws prescribing-

(a) the manner in which notice of the intention to erect or re-erect a building in the cantonment shall be given to the²[Board or the Executive Officer, as the case may be,] and the information and plans to be furnished with the notice;

³[(aa) the manner in which and the form in which a notice of completion of erection or re-erection of any building in the cantonment shall be given to the Board or the Executive Officer, as the case may be, and the information and plans to be furnished with the notice;]

(b) the type or description of buildings which may or may not, and the purpose for which a building may or may not, be erected or re-erected in the cantonment or any part thereof];

(c) the minimum cubic capacity of any room or rooms in a building which is to be erected or re-erected;⁴[* * *]

(d) the fees payable on provision by the¹[Board] of plans or specifications of the type of buildings which may be erected in the cantonment or any part thereof;

⁵[(e) the circumstances in which a mosque, temple or church or other sacred building may be erected or re-erected; and

(f) with reference to the erection or re-erection of buildings, or of any class of building, all or any of the following matters, namely :--

(i) the line of frontage where the building abuts on a street;

(ii) the space to be left about the building to secure free circulation of air and facilities for scavenging and for the

prevention of fire;

(iii) the materials and method of construction to be used for external and party-walls, roofs and floors;

(iv) the position, the material and the method of construction of⁶[staircases, fire places], chimneys, drains, latrines, privies, urinals and cesspools;

(v) height and slope of the roof above the uppermost floor upon which human beings are to live or cooking

operations are to be carried on;

(vi) the level and width of the foundation, the level of the lowest floor⁷[, the stability of the structure and the protection of building from dampness arising from sub-soil];

(vii) the number and height of the storeys of which the building may consist;

(viii) the means to be provided for egress from the building in case of fire;

(ix) the safeguarding of wells from pollution; or

(x) the materials and method of construction to be used for godowns intended for the storage of foodgrains in excess of⁸[eighteen quintals] in order to render them rat proof.]

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2. Substituted by Act 15 of 1983, section 108, for "Board" w.e.f. 1-10-1983.

3. Inserted by Act 15 of 1983, section 108 w.e.f. 1-10-1983.

4. The word "and" rep. by Act 24 of 1936, section 52.

5. Clauses (e) and (f) Inserted by Act 24 of 1936, section 52.

6. Substituted by Act 15 of 1983, section 108, for "fire-places" w.e.f. 1-10-1983.

7. Substituted by Act 15 of 1983, section 108, for "and the stability of restructure" w.e.f. 1-10-1983.

8. Substituted by Act 15 of 1983, section 108, for "fifty maunds" w.e.f. 1-10-1983.

Section 187 - Projections and obstructions

(1) No owner or occupier of any building in a cantonment shall, without the permission in writing of the¹[Board] add to or place against or in front of the building any projection or structure overhanging, projecting into, or encroaching on, any street or any drain, sewer or aqueduct therein.

(2) The¹[Board] may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid:

Provided that, in the case of any projection or encroachment lawfully in existence at the commencement of this Act, the¹[Board] shall make compensation for any damage caused by the removal or alteration.

(3) The¹[Board] may, by order in writing, give permission to the owners or occupiers of buildings in any particular street to put up open verandahs, balconies or rooms projecting from any upper storey thereof to an extent beyond the line of the plinth or basement wall at such height from the level ground or street as may be specified in the order.

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

Section 188 - Unauthorised buildings over drains, etc

A¹[Board] may, by notice in writing, require any person who has, without its permission in writing, newly erected or re-erected any²[structure] over any public sewer, drain, culvert, water-course or water-pipe in the cantonment to pull down or otherwise deal with the same as it thinks fit.

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2. Substituted by Act 31 of 1940, section 7, for "building".

Section 189 - Drainage and sewer connections

(1) A¹[Board] may, by notice in writing, require the owner or lessee of any building or land in any street, at his own expense and in such manner as the¹[Board] thinks fit, to put up and keep in good condition, proper troughs and pipes for receiving and carrying rain water from the building or land and for discharging the same or to establish and maintain any other connection or communication between such buildings or land and an drain or sewer.

(2) For the purpose of efficiently draining any building or land in the cantonment, the¹[Board] may, by notice in writing, require the owner or lessee of the building or land-

(a) to pave, with such materials and in such manner as it thinks fit, any courtyard, alley or passage between two or more buildings, or

(b) to keep any such paving in proper repair.

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

Section 190 - Power to attach brackets for lamps

¹[The Executive Officer] may attach to the outside of any building, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury thereto or inconvenience.

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1. Substituted by Act 15 of 1983, section 109, for "A Board" w.e.f. 1-10-1983.

Section 191 to 193 - Streets Section 191 - Temporary occupation of street, land, etc

¹[1]²[The Executive Officer] may, by order in writing, permit the temporary occupation of any street, or of any land vested in the³[Board], for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditions⁴[as the Board may prescribe] for the safety or convenience of the public, and may charge a fee for such permission and may in its discretion withdraw such permission.

⁵[(2) Where any article or thing is placed on any street or land under the management of the Board or the Defence Estates Officer so as to form an obstruction thereto or any encroachment thereon, the Executive Officer or as the case may be, the Defence Estates Officer, may cause such article or thing to be removed and recover from the person who placed such article or thing the expenses incurred in that behalf in the same manner as moneys recoverable by the Board under section 259 and may also, if such person fails to offer satisfactory explanation, order the confiscation of such article or thing.].

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1. Renumbered as sub-section (1) by Act 15 of 1983, section 110.

2. Substituted by Act 15 of 1983, section 110, for "A Board" 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 110, for "as it may prescribe" w.e.f. 1-10-1983.

5. Inserted by Act 15 of 1983, section 110 w.e.f. 1-10-1983.

Section 192 - Closing and opening of streets

(1) A¹ [Board] shall not permanently closeany street or open any new street without the previous sanction of the ² [OfficerCommanding-in-Chief, the Command ³ [or the Director]].

(2)⁴ [TheExecutive Officer] may, by public notice, temporarily close any street or anypart of a street for repair or for the purpose of carrying out any workconnected with drainage, water-supply or lighting or any other work which it isby or under this Act required or permitted to carry out:

Provided thatwhere, owing to any works or repairs or from any other cause, the condition ofany street or of any water-works, drain, culvert or premises vested in the ¹ [Board],is such as to be likely to cause danger to the public, the ¹ [Board]shall--

(a) take allreasonable means for the protection of the adjacent buildings and land andprovide reasonable means of access thereto;

(b) causesufficient barriers or fences to be erected for the security of life andproperty and cause such barriers or fences to be sufficiently lighted fromsunset to sunrise.

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1. Substituted by Act 24 of 1936, section 69, for "CantonmentAuthority".

2. Substituted by Act 35 of 1926, section 2, for "Officer Commanding theDistrict".

3. Inserted by Act 15 of 983, section 111w.e.f. 1-10-1983.

4. Substituted by Act 15 of 1983, section 111, for "A Board"w.e.f.1-10-1983.

Section 193 - Names of streets and numbers of buildings

¹[(1) A Board may determine the name or number by which any area, street or public place in the cantonment shall be known, may cause name or number to be affixed on any building in the cantonment in such place as it thinks fit and may also cause a number to be affixed to any such building.]

(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differing from that put up by the order of the²[Board] shall be punishable with fine which may extend to³[one hundred rupees.]

⁴[(3) When a⁵[name or number] has been affixed to any building under sub-section (1), the owner of the building shall maintain the⁵[name or number] in order, and shall replace it if removed or defaced, and if he fails to do so the⁶[Executive Officer] may by notice in writing require him to replace it].

Boundaries and trees

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1. Substituted by Act 15 of 1983, section 112, for sub-section (1) w.e.f. 1-10-1983.

2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

3. Substituted by Act 24 of 1936, section 112, for "twenty rupees" w.e.f. 1-10-1983.

4. Inserted by Act 24 of 1936, section 53.

5. Substituted by Act 15 of 1983, section 115, for "number" w.e.f. 1-10-1983.

6. Substituted by Act 15 of 1983, section 112, for "Board" w.e.f. 1-10-1983.

Section 194 - Boundary walls, hedges and fences

(1) No boundary wall, hedge or fence of any material or description shall be erected in a cantonment without the permission in writing of the¹[Executive Officer].

(2)²[The Executive Officer] may, by notice in writing, require the owner or lessee of any land in the cantonment--

(a) to remove from the land any boundary wall, hedge or fence which is in its opinion unsuitable, unsightly or otherwise objectionable; or

(b) to construct on the land sufficient boundary walls, hedges or fences of such material, description or dimensions as may be specified in the notice; or

(c) to maintain the boundary walls, hedges or fences of such lands in good order:

Provided that, in the case of any such boundary wall, hedge or fence which was erected with the consent or under the³[orders of the Executive Officer], or which was in existence at the commencement of this Act, the⁴[Board] shall make compensation for any damage caused by the removal thereof,

(3) The⁵[Executive Officer] may, by notice in writing, require the owner, lessee or occupier of any such land to cut or trim any hedge on the land in such manner and within such time as may be specified in the notice.

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1. Substituted by Act 15 of 1983, section 113, for "Board" w.e.f. 1-10-1983.

2. Substituted by Act 15 of 1983, section 113, for "A Board" w.e.f 1-10-1983.

3. Substituted by Act 15 of 9183, section 113, for "orders of the Board" w.e.f. 1-10-1983.

4. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"

5. Substituted by Act 15 of 1983, section 113, for "Board" w.e.f. 1-10-1983.

Section 195 - Felling, lopping and trimming of trees

(1) Where, in the opinion of a¹[Board], the felling of any tree of nature growth standing in a private enclosure in the cantonment is necessary for any reason, the¹[Board] may, by notice in writing, require the owner, lessee or occupier of the land to fell the tree within such time as may be specified in the notice.

(2) A¹[Board] may-

(a) cause to be lopped or trimmed any tree standing on land in the cantonment which belongs to the Government; or

(b) by public notice require ail owners, lessees or occupiers of land in the cantonment, or by notice in writing require the owner, lessee or occupier of any such land, to lop or trim, in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land.

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"

Section 196 - Digging of public land

Whoever, without the permission in writing of the¹[Board], digs up the surface of any open space in the cantonment, which is not private property, shall be punishable with fine which may extend to²[two hundred and fifty rupees], and, in the case of a continuing offence,³[with an additional fine] which may extend to⁴[fifty rupees] for every day after the first during which the offence continues.

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"

2. Substituted by Act 15 of 1983, section 114, for "twenty rupees" w.e.f. 1-10-1983.

3. Substituted by Act 8 of 1930, section 2, and Schedule I, for "to an additional fine".

4. Substituted by Act 15 of 1983, section 114, for "five rupees" w.e.f. 1-10-1983.

Section 197 - Improper use of land

(1) If, in the opinion of a¹[Board], the working of a quarry in the cantonment, or the removal of stone, earth or other material from the soil in any place in the cantonment, is dangerous to persons residing in or frequenting the neighbourhood of such quarry or place, or creates, or is likely to create, a nuisance, the¹[Board] may, by notice in writing, prohibit the owner, lessee or occupier of such quarry of place or the person responsible for such²[working] or removal, from continuing or permitting the working of such quarry or the moving of such material, or require him to take such steps in the matter as the²[Board] may direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.

(2) If, in any case referred to in sub-section (1), the²[Board] is of opinion that such a course is necessary in order to prevent imminent danger, it may, by order in writing, require a proper hoarding or fence to be put up for the protection of passers-by.

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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"

2. Substituted by Act 8 of 1930, section 2 and Schedule I, for "making"