Bare Acts

CHAPTER XIII PUBLIC SAFETY AND SUPPRESSION OF NUISANCES General Nuisances


289. Penalty for causing nuisances.—(1) Whoever—
(a) in any street or other public place within a cantonment,—
(i) is drunk and disorderly or drunk and incapable of taking care of himself; or
(ii) uses any threatening, abusive or insulting words, or behaves in a threatening or insulting
manner with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to
be occasioned; or
(iii) eases himself, or wilfully or indecently exposes his person; or
(iv) loiters, or begs importunately, for alms; or
(v) exposes or exhibits, with the object of exciting charity, any deformity or disease or any
offensive sore or wound; or
(vi) carries meat exposed to public view; or
(vii) is found gaming; or
(viii) pickets animals, or collects vehicles; or

1. Subs. by Act 18 of 2023, s. 2 and Schedule for section 287 (w.e.f. 2-11-2023).
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(ix) being engaged in the removal of night-soil or other offensive matter or rubbish, willfully
or negligently permits any portion thereof to spill or fall, or neglects to sweep away or otherwise
effectually to remove any portion thereof which may spill or fall in such street or place; or
(x) without proper authority affixes upon any building, monument, post, wall, fence, tree or
other thing, any bill, notice or other document; or
(xi) without proper authority defaces or writes upon or otherwise marks any building,
monument, post, wall, fence, tree or other thing; or
(xii) without proper authority removes, destroys, defaces or otherwise obliterates any notice
or other document put up or exhibited under this Act; or
(xiii) without proper authority displaces, damages, or makes any alteration in, or otherwise
interferes with the pavement, gutter, storm water-drain, flags or other materials of any such street,
or any lamp, bracket, direction-post, hydrant or water-pipe maintained by the Board in any such
street or public place, or extinguishes a public light; or
(xiv) carries any corpse not decently covered or without taking due precautions to prevent risk
of infection or injury to the public health or annoyance to passers-by or to persons dwelling in the
neighbourhood; or
(xv) carries night-soil or other offensive matter or rubbish at any hour prohibited by the Chief
Executive Officer by public notice, or in any pattern of vehicle or receptacle which has not been
approved for the purpose by the Chief Executive Officer, or fails to close such vehicle or
receptacle when in use; or
(b) carries night-soil or other offensive matter or rubbish along any route in contravention of any
prohibition made in this behalf by the Chief Executive Officer by public notice; or
(c) deposits, or causes or permits to be deposited, earth or materials of any description, or any
offensive matter or rubbish, in any place not intended for the purpose in any street or other public
place or waste or unoccupied land under the management of the Board; or
(d) having charge of a corpse fails to bury, burn or otherwise lawfully dispose of the same within
twenty-four hours after death; or
(e) makes any grave or buries or burns any corpse in any place not set apart for such purpose; or
(f) keeps or uses, or knowingly permits to be kept or used, any place as a common gaming house,
or assists in conducting the business of any common gaming house; or
(g) at any time or place at which the same has been prohibited by the Chief Executive Officer
public or special notice, beats a drum or tom-tom, or blows a horn or trumpet, or beats any utensil, or
sounds any brass or other instrument, or plays any music; or
(h) disturbs the public peace or order by singing, screaming or shouting or by using megaphone
or loud-speaker; or
(i) lets loose any animal so as to cause, or negligently allows any animal to cause, injury, danger,
alarm or annoyance to any person; or
(j) being the occupier of any building or land in or upon which an animal dies, neglects within
three hours of the death of the animal, or, if the death occurs at night, within three hours after sunrise,
either—
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(i) to report the occurrence to the Chief Executive Officer or to an officer, if any, appointed
by him in this behalf with a view to securing the removal and disposal of the carcass by the public
conservancy establishment; or
(ii) to remove and dispose of the carcass in accordance with any general directions given by
the Board by public notice or any special direction given by the Chief Executive Officer on
receipt of such report as aforesaid; or
(k) save with the written permission of the Chief Executive Officer and in such manner as he may
authorise, stores or uses night-soil, manure, rubbish or any other substance emitting an offensive
smell; or
(l) uses or permits to be used as a latrine any place not intended for the purpose; or
(m) uses or permits to be used without previous permission of the Chief Executive Officer any
premises for any trade involving offensive smell or smoke,
shall be punishable with fine which may extend to two thousand five hundred rupees.
(2) Whoever does not take reasonable means to prevent any child under the age of twelve years being
in his charge from easing himself in any street or other public place within the cantonment shall be
punishable with fine which may extend to two hundred-fifty rupees.
(3) The owner or keeper of any animal found picketed or staying without a keeper in a street or other
public place in a cantonment shall be punishable with fine which may extend to one thousand rupees.
(4) Any animal found picketed or straying as aforesaid may be removed by any officer or employee
of the Board to a pound.
1* * * * *
Dogs
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 otherwise disposed of unless it is claimed and the fee in respect thereof is
paid within one week; and may provide for such other matters as the Board thinks fit.
(3) The Chief Executive Officer may—
(a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other
animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by
any dog or other animal suffering or suspected to be suffering from rabies;
(b) by public notice direct that, after such date as may be specified in the notice, dogs which are
without collars or without marks distinguishing them as private property and are found straying on the
streets or beyond the enclosures of the houses of their owners, if any, may be destroyed, and cause
them to be destroyed accordingly.

1. Sub-section (5) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 2-11-2023).
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(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise
disposed of under this section.
(5) Whoever, being the owner or person in charge of any dog, neglects to restrain it so that it shall not
be at large in any street without being muzzled and without being secured by a chain lead in any case in
which—
(a) he knows that the dog is likely to annoy or intimidate any person; or
(b) the Board has, by public notice during the prevalence of rabies, directed that dogs shall not be
at large without muzzles and chain leads,
shall be punishable with fine which may extend to one thousand rupees.
(6) Whoever in a cantonment—
(a) allows any ferocious dog which belongs to him or is in his charge to be at large without being
muzzled; or
(b) sets on or urges any dog or other animal to attack, worry or intimidate any person; or
(c) knowing or having reason to believe that any dog or animal belonging to him or in his charge
has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, neglects to
give immediate information of the fact to the Chief Executive Officer or gives information which is
false,
shall be punishable with fine which may extend to two thousand rupees.
Traffic
291. Traffic rule of the road.—Whoever in driving, leading or propelling a vehicle along a street
fails, except in a case of actual necessity,—
(a) to keep to the left when passing a vehicle coming from the opposite direction; or
(b) to keep to the right when passing a vehicle going in the same direction as himself, shall be
punishable with fine which may extend to five hundred rupees.
Prevention of fire, etc.
292. Use of inflammable materials for building purposes.—(1) The Chief Executive Officer may,
by public notice, direct that within such limits in the cantonment as may be specified in the notice, the
roofs and external walls of huts or other buildings shall not, without the permission in writing of the Chief
Executive Officer be made or renewed of grass, mats, leaves or other inflammable materials, and may, by
notice in writing, require any person who has disobeyed any such direction as aforesaid to remove or alter
the roofs or walls so made or renewed.
(2) The Chief Executive Officer may, by notice in writing, require the owner of any building in the
cantonment which has an external roof or wall made of any such material as aforesaid to remove such
roof or wall within such time as may be specified in the notice, notwithstanding that a public notice under
sub-section (1) has not been issued or that such roof or wall was made with the consent of the Chief
Executive Officer or before the issue of such public notice:
Provided that, in the case of any such roof or wall in existence before the issue of such a public notice
or made with the consent of the Chief Executive Officer, it shall make compensation, not exceeding the
original cost of constructing the roof or wall, for any damage caused by the removal.
293. Stacking or collecting inflammable materials.—A Board may, by a public notice, prohibit in
any case where such prohibition appears to it to be necessary for the prevention of danger to life or
property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the
placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within any
limits therein, which may be specified in the notice:
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Provided that Chief Executive Officer may, in case of imminent danger to public life or property,
enforce such prohibition in consultation with the President or the Vice-President in the absence of the
President.
294. Care of naked lights.—No person shall set a naked light on or near any building in any street or
other public place in a cantonment in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use of lights for purpose of
illumination on the occasion of a festival or public or private entertainment.
295. Regulation of cinematographic and dramatic performances.—(1) Notwithstanding anything
contained in any other law relating to sanctioning of cinematograph films for exhibition, no exhibition of
pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose of
which inflammable films are used, and no public dramatic performance, pantomime, circus, carnival,
exhibition, dance or other similar show for public recreation or amusement, shall be given in any
cantonment elsewhere than in premises for which a licence has been granted by the Chief Executive
Officer under this section.
(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if
any person takes any part in any public dramatic performance, pantomime, circus, carnival, exhibition,
dance or other similar show for public recreation or amusement, in contravention of the provisions of this
section, or if the occupier of any premises allows them to be used in contravention of the provisions of
this section or of any condition of any licence granted under this section, he shall be punishable with fine
which may extend to five thousand rupees, and, in the case of continuing offence, with an additional fine
which may extend to two thousand rupees for each day after the first during which the offence continues.
(3) Nothing in this section shall be deemed to prohibit the giving of any exhibition or any dramatic
performance, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or
amusement, in any theatre or institute which is the property of Government where the exhibition,
performance, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or
amusement, is held with the permission and under the control of the military authorities.
296. Discharging fire-works, fire-arms, etc.—Whoever in a cantonment discharges any fire-arm or
lets off fire-works or fire-balloons, or detonates or engages in any game or carries on works such as
quarries, blasts, timber cutting or building operation in such manner as to cause or to be likely to cause
danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property
shall be liable to fine which may extend to two thousand five hundred rupees.
297. Power to require buildings, wells, etc., to be rendered safe.—Where in a cantonment any
building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation,
or any bank or tree, is in the opinion of the Chief Executive Officer, in a ruinous state or, for want of
sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or
working in the neighbourhood, the Chief Executive Officer, by notice in writing may, require the owner,
or part-owner or person claiming to be the owner or part-owner thereof, or, failing any of them, the
occupier, thereof, to remove the same or may require him to repair, or to protect or to enclose, the same in
such manner as the thinks necessary; and, if the danger is, in the opinion of the Chief Executive Officer,
imminent, he shall forthwith take such steps as he thinks necessary to avert the same.
298. Enclosure of wasteland used for improper purposes.—The Chief Executive Officer may, by
notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner, of
any building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such
land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has
become the resort of idle and disorderly persons or of persons who have no ostensible means of
subsistence or cannot give a satisfactory account of themselves, or is used for gaming or immoral
purposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within
such time as may be specified in the notice.

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