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Start Free TrialShore 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
List Judgments citing this sectionShore 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:
View Complete Act List Judgments citing this sectionShore 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.
View Complete Act List Judgments citing this sectionShore 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.
View Complete Act List Judgments citing this sectionShore 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.
View Complete Act List Judgments citing this sectionCantonments Act, 1924 Chapter IX
Title: Public Safety and Suppression of Nuisances
State: Central
Year: 1924
.....removed by any officer or servant of the 12 [Board] or by any police officer to a pound 13 [* * *]. ________________________ 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.....
View Complete Act List Judgments citing this sectionCantonments Act, 2006 Chapter XIII
Title: Public Safety and Suppression of Nuisances
State: Central
Year: 2006
.....animal found picketed or straying as aforesaid may be removed by any officer or employee of the Board to a pound. (5) Whoever in a cantonment manufactures, supplies, carries or uses for packaging or any other purposes material of non-biodegradable nature including polythene bags shall be punished with fine which may extend to five thousand rupees or imprisonment which may extend to six months. Section 290 - Registration and control of dogs (1) A 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 any officer authorised in this behalf of all dogs kept in the cantonment; (b) require that every registered dog shall wear a collar to which shall be attached a metal 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.....
View Complete Act List Judgments citing this sectionThe 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.....
List Judgments citing this sectionThe 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.....
List Judgments citing this sectionShore 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.....
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