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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

Calcutta Police Act, 1866 Complete Act

State: West Bengal

Year: 1866

.....Madras and Bombay) and of Act 48 of 1860 (to amend Act 13 of 1856). Preamble. WHEREAS it is expedient to amend and consolidate the provisions of Act 13 of 1856 and of Act 48 of 1860, so far as the said Acts are applicable to the town of Calcutta; It is enacted as follows Section 1 Short title This Act may be cited as the Calcutta Police Act, 1866. Section 2 Repeal of Acts 13 of 1856 and 48 of 1860 in Calcutta Rep. by Act 12 of 1873. Section 3 Interpretation The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say): the words "town of Calcutta" shall include all places within the local limits of the jurisdiction of 11. Subs. by the Adaptation of Laws Order, 1950. [the High Court at Calcutta]; the word "Magistrate" shall mean any Magistrate of Police acting for the said town; the word "property" shall include any chattel, money or valuable security; the word "month" shall mean calender month; the word "oath" shall include any affirmation or declaration lawfully substituted for an oath; 22. Definitions repealed by W.B. Act 32 of 1957. *.....

Calcutta Suburban Police Act, 1866 Complete Act

State: West Bengal

Year: 1866

.....of public notices Section 15B Wrongfully entering or remaining in or on building, land, vehicle, etc 2828. Secs. 15A and 15B ins. by Ben. Act 3 of 1910. Whoever, without satisfactory excuse, wilfully enters or remains in or upon any dwelling-house or private premises or any land or ground attached thereto, or any ground,building, monument or structure belonging to the 2727. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively. [Government] or appropriated to public purposes, or any vehicle, boat or vessel, shall, whether he causes any actual damage or not, be liable to fine which may extend to twenty rupees. Section 16 Apprehension and punishment of reputed thieves, etc A Police-officer may arrest without a warrant any person found, between sunest and sunrise, armed with any dangerous or offensive instrument whatsoever, with intent to commit any offence against the person or property of another; any reputed thief found between sunset and sunrise, on board any vessel or boat, or lying or loitering in any bazar, street, * * yard, thoroughfare or other place, who shall not give a satisfactory.....

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.

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.....