Description

1. Authority to Act:
   Whenever a District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government receives a report from a police officer or other information, and after considering any necessary evidence, believes that action is required in any of the following circumstances:

   • Unlawful Obstruction or Nuisance: The removal of any obstruction or nuisance from a public place, way, river, or channel lawfully used by the public.
   • Harmful Trade or Goods: The conduct of any trade, occupation, or the storage of goods/merchandise that is injurious to public health or physical comfort, requiring regulation, prohibition, or removal.
   • Risk of Fire or Explosion: The construction of any building or disposal of substances that could lead to conflagration or explosion, necessitating preventive measures.
   • Dangerous Structures or Trees: Any building, tent, structure, or tree in a condition that poses a risk of collapse and injury to nearby residents, businesses, or passersby, requiring repair, removal, or support.
   • Public Safety Fencing: The need to fence any tank, well, or excavation adjacent to a public place to prevent danger.
   • Dangerous Animals: The requirement to destroy, confine, or otherwise manage any dangerous animal.

2. Issuance of a Conditional Order:
   The Magistrate may issue a conditional order requiring the responsible person (causing the obstruction, owning the property, or possessing the hazardous item) to take appropriate action within a specified time. The order may direct the person to:

   • Remove the obstruction or nuisance.
   • Cease or regulate the harmful trade, occupation, or storage of goods.
   • Prevent or stop the construction of hazardous buildings or regulate substance disposal.
   • Remove, repair, or support buildings, tents, structures, or trees that pose a risk.
   • Fence any tank, well, or excavation to prevent public danger.
   • Destroy, confine, or otherwise dispose of a dangerous animal.

   Alternatively, if the individual objects to compliance, they must appear before the Magistrate (or a subordinate Executive Magistrate) at the specified time and place to show cause why the order should not be made absolute.

3. Finality of the Order:
   No order duly made by a Magistrate under this section shall be challenged in any civil court.