The Tamil Nadu Towns Nuisances Act, 1889 Complete Act - Bare Act

(Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969)
(TAMIL NADU) TOWNS NUISANCES ACT, 1889 (TAMIL NADU) ACT No. III of 1889 (The Act came into force on the 1st July 1891. Extended to the Kanyakumari District and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu, (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960), which came into force on the 1st April 1961 repealing the corresponding law in that territory)

An Act to provide for the prevention and control of Nuisances outside the Town of Madras

" WHEREAS it is expedient to amend Act XXIV of 1859 and to consolidate and improve the law relating to nuisances in places outside the Town of Madras. It is hereby enacted as follows:

" (1) This Act may be called the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969) [Tamil Nadu] Towns nuisances Act, 1889.

(2) [Section 1 of this Act extends] to the whole of the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969) [State of Tamil Nadu]. The remaining sections extend to all towns in the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969) [said State] which may have been or may hereafter be declared to be municipalities under Madras Act IV of 1884, or other Act of the same nature for the time being in force; and the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969) [State Government] may from time to time by notification in the (Substituted by the Adaptation Order of 1937) [Official Gazette], extend such sections or any part or parts thereof permanently or for atime or for specified occasions only, from such date as may be specified in the notification, to any other local area in the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969) [State of Tamil Nadu], outside the limits of the Town of Madras, and may cancel or modify any such notification.

S. 1 : Act does not apply to villages. " 1936 MWN 1151.

2. [Enactments repealed.] Repealed by the Repealing and Amending Act, 1901 (Central Act XI of 1901).

" Whoever in any (Substituted by Madras City Police and Towns Nuisance (Amendment) Act, 1941 (Madras Act XXIII of 1941). This Act was permanently re-enacted by Section 2 (1) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949)) [public place] commits any of the following offences shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment of either description not exceedings eight days:"

(1)
Rash or negligent driving. " Whoever drives or rides any animal, drives, drages or pushes any vehicle, in a rash or negligent manner.

(2)
Causing obstruction by negligence in driving cattle."whoever by negligence or ill-usage in driving cattle causes any mischief or obstruction by such cattle.

(3)
Driving etc., otherwise than on near or left side of the road." Whoever without reasonable excuse and so as to cause danger or obstruction to any person shall drive, drag or push any vehicle otherwise than on the near or left side of the road.

(4)
Leaving vehicles or cattle without due contract." Whoever, being in charge of any vehicle or cattle, leaves it or them at such a distance as not to have the same under due control.

(5)
Obstructing thorough fare. " Whoever causes any vehicle to remain or stand longer than may be necessary for loading or unloading except at places appointed for the purpose, or fastens any horse or other animal so as to cause obstruction or in any way wilfully obstructs or causes obstruction to the free passage of any thoroughfare.

(6)
Exposing goods so as to cause obstruction. " Whoever exposes goods for sale so as to cause obstruction.

(7)
Letting loose horses or ferocious dogs. " Whoever negligently lets loose any horse or suffers any ferocious dog to be at large without a muzzle orsets on or urges any dog or other animal to attack, worry or put in fear any person or cattle.

(Repealed by the Tamil Nadu Prevention of Begging Act, 1945 (Tamil Nadu Act XIII of 1945) this Act was permanently re-enacted by Section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948)) [(8) Repealed]

(9)
Depositing rubbish, stones, etc. " Whoever without reasonable excuse throws or lays down any dirt, filth, rubbish, or any stones or building materials.

(Repealed by Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930) and the present clause was inserted by section 3 of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941) re-enacted permanently by section 2 (1) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949)) [(10) Repealed]

(11)
Committing nuisance in public place " Whoever wilfully and indecently exposes his person or commits a nuisance by easing himself, and whoever, having the care or custody of any child under seven years of age, omits to prevent such child from committing a nuisance as aforesaid,

(12)
Drunken or riotous, disorderly or indecent behaviour " Whoever is found drunk and incapable of taking care of himself, or is guilty of any riotous, disorderly or indecent behaviour.

(Inserted by Sec.2 of T.N. Act 30/95) (13) Whoever organised any assembly, meeting or procession between Sunset and Sunrise without providing sufficient Petromax lights in addition to electric lights.

(Added by the Madras City Police and Towns Nuisance (Amendment) Act, 1941 (Madras Act XXIII of 1941), re-enacted permanently by Section 2 (1) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949))

.

" In this section "Public place" means a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass]

[Repealed by Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930)]

S. 3(5) : Sub-section (5) applies only when wilful obstruction is caused in any public street, road, throughfare or place of public resort, where a person played gramaphone inside his shop for the benefit of his prospective buyers, he does not come under the mischief this sub-section. It makes no difference that action had attracted a crowd in the street resulting in obstruction of traffic " (1937) 1 MLJ 310

S.3 (6) " Selling fish on the road side, causing obstruction " Offence under S. 3 (6) " 18 MLJ329

" (1938) 2 MLJ 152 : AIR 1923 M 191

S. 3 (12) Uttering indecent or abusive words in public " Whether amounts to "indecent behavour" " (1950) 2 MLJ 199

(Inserted by Sec.3 (ii) of T.N. Act 4175) [
3-A.
Unauthorised use of sound amplifiers in any area " (1) Whoever plays any music or uses any music or uses any sound amplifier except at such times and in such area and subject to such conditions as shall, from time to time, be allowed by an officer of the Police Department not below the rank of an Inspector of Police shall be liable on conviction to a fine not exceeding five hundred rupees or to imprisonment which may extend to three months.

(2) Any Police Officer referred to in sub - sections (1) may, subject tosuch Rules as may be made in this behalf, seize any sound amplifier used in contravention of the licence and conditions of licence granted under sub-section (1) and the Court trying an offence under this Section may also direct the forfeiture of any sound amplifier so seized.

" Whoever neglects to fence in or protect any well, tank or other dangerous places or structure, or

Whoever causes any offensive matter to run from any house, factory, dung-heap or the like into the street "

shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment of either description which may extend to one month.

" Whoever cruelly beats, ill-treats, tortures, ordrives, rides or otherwise uses any animal in an unfit state to be so driven, ridden or used, or causes any animal to be cruelly beaten, ill-treated, tortured, or to be driven, ridden or used when unfit to be driven, ridden or used, shall be liable on conviction to fine not exceeding fifty rupees, or to imprisonment of either description not exceeding one month, or to both.

(Repealed by the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930) 6. [Repealed]

7. [Repealed]

(Original section 7 was renumbered as sub-section (1) of section 8 by Section 3 of the Madras City Police, (Town Nuisances and Prevention of Cruelty to Animals (Amendment Act, 1942) (Tamil Nadu Act XX of 1942) Re-enacted permanently with specified modifications by section 2 (2) of and the Second Schedule to, the Tamil Nadu Re-enacting Act 1949 (Tamil Nadu Act X of 1949))
8. Police may arrest without warrant on view of offence " (1) Any Police officer may arrest without a warrant any person committing in his view any offence made punishable by this Act.

(Added by Section 3, ibid) [(2) any agent of the society for the Prevention of Cruelty to animals who is specially empowered by the [State] Government in that behalf may arrest without a warrant any person committing in his view any offence punishable under section 5; [Omitted by the Second Schedule to the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949)]

(Inserted by ibid) [(3) the agent shall have power to release any person so arrested on his executing a bond, with or without sureties, for his appearance before a Magistrate if and when required]

(4) provisions of the Code of Criminal Procedure, 1898 shall apply to any arrest made or bond taken under this section as if the arrest had been made, or the bond had been taken, under the said Code.]

(Repealed by the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930))
[9. Repealed]

" The District or Sub - divisional Magistrate may, from time to time cause to be notified by beat of drum or otherwise that dogs found straying within certain limits will be destroyed, and dogs found straying within such limits after such notification may be destroyed by any person in such manner as the District or Sub-divisional Magistrate may, from time to time direct.

" Sections 3 and 4 of this Act shall be read with and form part of Act XXIV of 1859 (Short title "The Tamil Nadu District Police Act, 1859)

[Repealed by the Repealing and Amending Act 1901 (Central Act XI of 1901) See Third Schedule, Part III]