(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree
is in such a condition that it is likely to fall and thereby cause injury to
persons living or carrying on business in the neighbourhood or passing by, and
that in consequence the removal, repair or support of such building, tent or
structure, or the removal or support of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place
should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise
disposed of,
such Magistrate may make a conditional order requiring the person causing such
obstruction or nuisance, or carrying on such trade or occupation, or keeping any
such goods or merchandise, or owning, possessing or controlling such building,
tent, structure, substance, tank, well or excavation, or owning or possessing
such animal or tree, within a time to be fixed in the order-
(i) to remove
such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may
be directed, such trade or occupation, or to remove such goods or merchandise,
or to regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such 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.
Code of Criminal Procedure (CrPC)
131 CrPC Power of certain armed force officers to disperse assembly
132 CrPC Protection against prosecution for acts done under preceding sections
133 CrPC Conditional order for removal of nuisance
134 CrPC Service or notification of order
135 CrPC Person to whom order is addressed to obey or show cause
136 CrPC Consequences of his failing to do so
137 CrPC Procedure where existence of public right is denied
138 CrPC Procedure where he appears to show cause
139 CrPC Power of Magistrate to direct local investigation and examination of an expert
140 CrPC Power of Magistrate to furnish written instructions, etc