CHAPTER IX
PUBLIC NUISANCE
99.
Conditional Order for Removal of Nuisance
(1) Whenever a Magistrate of the first or second class considers on receiving a police
report or other information and on taking such evidence, if any, as he thinks fit that
an offence under sections 224, 225, 227, 229, or 230 of the Penal Code is being
committed, such Magistrate may make a conditional order requiring the offender
within a time fixed in the order to cease committing such offence and to amend or
remove the causes thereof in such manner as in the order specified or to appear
before himself in such manner as in the order specified or to appear before some
other Magistrate of the first or second class at a time and place to be fixed by the
order and apply to have the order set aside or modified in manner hereinafter
provided.
(2) No order duly made by a Magistrate under this section shall be called in question in
any Court.
Note: - For form of order under this section see Schedule 1 1 1, 16
100.
Service of Order.
(1) The order shall if practicable be served on the person against whom it is made in
manner herein provided for service of a summon.
(2) If such order cannot be so served it may be served by registered letter through the
post addressed to such person at his last known address or, if no such address is
known, then by affixing a notice thereof in some conspicuous place in the town or
village in or near which the nuisance or offence is being committed.
101.
Person to Whom Order is addressed to Obey or Appear Before Magistrate.
The person against whom such order is made shall: (a) perform within the time and in the manner specified in the order the act
directed thereby, or
(b) appear in accordance with such order and apply to have the order set aside or
modified.
102.
Consequences of Failing to Do So.
If such person does not perform such act or appear and apply to have the order set aside
or modified he shall be liable to the penalty prescribed in that behalf in section 163 of the
Penal Code, and the order shall be made absolute.
31