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Shore Nuisances (Bombay and Kolaba) Act, 1853 Complete Act

Title: Shore Nuisances (Bombay and Kolaba) Act, 1853

State: Central

Year: 1853

Preamble1 - SHORE NUISANCES (BOMBAY AND KOLABA) ACT, 1853 Section1 - Power to give notice to remove nuisance Section2 - Petition by person denying right to remove nuisance Section3 - Onus of proving right Section4 - Limitation of time for petition Section5 - When Collector may cause removal of nuisance Section6 - Power to sell materials of encroachment Section7 - Saving of rights of Government Section8 - High-water mark defined ScheduleI - SCHEDULE

Shore Nuisances (Bombay and Kolaba) Act, 1853 Preamble 1

Title: Shore Nuisances (Bombay and Kolaba) Act, 1853

State: Central

Year: 1853

THE SHORE NUISANCES (BOMBAY AND KOLABA) ACT, 1853 [Act, No. 11 of 1853] [l5th July, 1853] PREAMBLE An Act to facilitate the removal of nuisances and encroachments below high-water mark in the Islands of Bombay and Kolaba. WHEREAS there is a large sea-shore in the islands of Bombay and Kolaba, and it is expedient, with a view to the safe navigation of the harbour of Bombay, and to the public interests generally, to facilitate the removal of nuisances, obstructions and encroachments below high-water mark in the said harbour; or upon or about the, shores of the said islands; It is enacted as follows:

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 1

Title: Power to Give Notice to Remove Nuisance

State: Central

Year: 1853

It shall be lawful for the Collector of Land-revenue at Bombay to give notice requiring the removal of any nuisance, obstruction or encroachment anywhere below high-water mark in the said harbour of Bombay, or upon or about the shores of the said islands; Mode of giving notice such notice shall be given by affixing the same in some conspicuous place on or near to the encroachment, obstruction or nuisance complained of, and by publication thereof in the [Substitute by the A.O.1937 for " Bombay Govt. Gazette".] [Official Gazette], and shall Contents state that, unless the nuisance, obstruction or encroachment be removed or abated within one Form month the same will be removed or abated by the said Collector; such notice may be in the Form No.1, in the Schedule to this Act annexed, or to the like effect.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 2

Title: Petition by Person Denying Right to Remove Nuisance

State: Central

Year: 1853

If any person shall deny the right of the said Collector to effect such abatement or removal, he shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said Collector may be restrained from causing such abatement or removal; and the said Procedure thereupon Court may thereupon (on the petitioner's giving sufficient security for costs), fix a time for hearing and adjudicating upon such petition, and give such directions, and make such orders as the said Court may think just, and the said Court may also make an order for restraining the alleged nuisance, obstruction or encroachment from being extended, or from being abated or removed by the said Collector, until after adjudication upon the said petition, or the dismissal thereof for want of prosecution.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 5

Title: When Collector May Cause Removal of Nuisance

State: Central

Year: 1853

If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorized by Form of warrant warrant under his hand, and such warrant may be in the Form No.2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall Indemnity not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment.

Code of Criminal Procedure, 1973 Section 133

Title: Conditional Order for Removal of Nuisance

State: Central

Year: 1973

.....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.

The Shore Nuisance (Bombay and Kolaba) Act, 1853 Complete Act

State: Central

Year: 1853

.....FOR PETITION No person shall he allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay. SECTION 05: WHEN COLLECTOR MAY CAUSE REMOVAL OF NUISANCE If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorised by warrant under his hand, and such warrant may be in the Form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment. SECTION 06: POWER TO SELL MATERIALS OF ANY ENCROACHMENT The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any surplus shall remain, the same.....

The Shore Nuisance (Bombay and Kolaba) Act, 1853 Complete Act

State: Maharashtra

Year: 1853

.....FOR PETITION No person shall he allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay. SECTION 05: WHEN COLLECTOR MAY CAUSE REMOVAL OF NUISANCE If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorised by warrant under his hand, and such warrant may be in the Form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment. SECTION 06: POWER TO SELL MATERIALS OF ANY ENCROACHMENT The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any surplus shall remain, the same.....

Shore Nuisances (Bombay and Kolaba) Act, 1853 Complete Act

State: Central

Year: 1853

.....PETITION No person shall be allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactory accounting to the said Court for the delay. SECTION 05: WHEN COLLECTOR MAY CAUSE REMOVAL OF NUISANCE FORM OF WARRANT. INDEMNITY If no such petition shall -be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorized by warrant under his hand, and such warrant may be in the Form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unvoidably occasioned in the removal of any such nuisance obstruction or encroachment. SECTION 06: POWER TO SELL MATERIALS OF ENCROACHMENT The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any.....

The Tamil Nadu Towns Nuisances Act, 1889 Complete Act

State: Tamil Nadu

Year: 1889

.....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.....