Tamil nadu act 003 of 1889 : Tamil Nadu Towns Nuisances Act, 1889

Preamble

[1(Tamil Nadu) Towns Nuisances Act, 1889]*

1[Tamil Nadu Act No. 3 of 1889]2[23rd December, 1889]

An Act to provide for the prevention and control of Nuisances outside the Town of Madras

Whereas it is expedient to amend Act XXIV of 18593 and to consolidate and improve the law relating to nuisances in places outside the Town of Madras: It is hereby enacted as follows:-

1 Those words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which fame into force on the 14th January, 1969.

2 For Statement of Objects and Reasons, see Fort St. George Gazette Supplement, dated the 12th February, 1889, page 3; for Report of Select Committee, see ibid, dated the 8th October, 1889, page 1; for Proceedings in Council, see ibid, dated the 26th March, 1889, page 2, ibid, dated the 12th November, 1889, page 12.

The Act came into force on the 1st July, 1891.

This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960), which came into force on the 1st April, 1961 repealing the corresponding law in that territory.

3 The Tamil Nadu District Police Act, 1859.

* Received the assent of the Governor on the 16th November, 1889 and of the Governor-General on the 23rd December, 1889

Section 1. Short title

1. Short title.- (1) This Act may be called the 1[Tamil Nadu] Towns Nuisances Act, 1889.

(2) 4[Section 1 of this Act extends*] to the whole of the 5[State of Tamil Nadu]. The remaining sections extend to all towns in the 6[said State] which may have been or may hereafter be declared to be municipalities under Madras Act IV of 18841, or other Act of the same nature for the time being in force; and the 2[State Government] may from time to time by notification in the 3[Offieial Gazette], extend such sections or any part or parts thereof permanently or for a time or for specified occasions only, from such date as may be specified in the notification, to any other local area in the 4[State of Tamil Nadu], outside the limits of the Town of Madras, and may cancel or modify any such notification.

1 Those words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which fame into force on the 14th January, 1969.

4 This expression was substituted for the expression "Sections 1 and 2 of this Act extend" by the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).

* The Tamil Nadu Towns Nuisances Act, 1889, as amended by section 2 of the Tamil Nadu Towns Nuisances (Amendment and Extension to Pudukkottai) Act, 1951 (Tamil Nadu Act XXXIV of 1951), was extended to, and will be in force, in the merged Territory of Pudukkottai by virtue of section 3 of the latter Act.

5 This expression was substituted for the expression "Presidency of Fort St. George" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

6 This expression was substituted for the expression "said Presidency" by ibid.

1 This Act has been repealed and re-enacted in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).

2 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

3 These words were substituted for the words "Fort St. George Gazette" by the Adaptation Order of 1937.

4 This expression was substituted for the expression "Presidency of Fort St. George" by the Tamil Nadu Adaptation of Law Order, 1970, which was deemed to have come into force on the 14th January, 1969.

Section 2. [Repealed]

2. [Repealed]- 1[* * *]

1 Enactments repealed. Repealed by the Repealing and Amending Act, 1901 (Central Act XI of 1901).

Section 3. Penalty for certain offences in public place

3. Penalty for certain offences in public place.- Whoever in any 5[public place] commits any of into following offences shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment of either description not exceeding eight days:-

(1) Rash or negligent driving.- Whoever drives or rides any animal, or drives, drags or pushes any vehicle, in a rash or negligent manner.

(2) Causing obstruction by negligence in driving cattle.- Whoever by negligence or ill-usage in driving cattle causes any mischief or obstruction by such cattle.

(3) Driving, etc., otherwise than on near or left side of the road.- Whoever without reasonable excuse and so as to cause danger or obstruction to any person shall drive, drag or push any vehicle otherwise than on the near or left side of the road.

(4) Leaving Vehicle or cattle without due control.- Whoever, being in charge of any vehicle or cattle, leaves it or them at such a distance as not to have the same under due control.

(5) Obstructing thorough fare.- Whoever causes any vehicle to remain or stand longer than may be necessary for loading or unloading except at places appointed for the purpose, or fastens any horse or other animal so as to cause obstruction or in any way wilfully obstructs or causes obstruction to the free passage of any thoroughfare.

(6) Exposing goods so as to cause obstruction.- Whoever exposes goods for sale so as to cause obstruction.

(7) Letting loose horses or ferocious dogs.- Whoever negligently lets loose any horse or suffers any ferocious dog to be at large without a muzzle or sets on or urges any dog or other animal to attack, worry or put in fear any person or cattle.

1[(8) Repealed.].

(9) Depositing rubbish, stones, etc.- Whoever without reasonable excuse throws or lays down any dirt, filth, rubbish, or any stones or building materials.

2[(10) Unauthorized use of sound amplifiers in public places.- Whoever uses any sound amplifier except at such times and places and subject to such conditions as shall, from time to time, be allowed by an officer of the Police Department 3(not below the rank of a Deputy Superintendent of Police.)]

(11) Committing nuisance in public place.- Whoever wilfully and indecently exposes his Committing person or commits a nuisance by easing himself, and whoever, having the care or custody of any child under seven years of ago, omits to prevent such child from committing a nuisance as aforesaid.

(12) Drunken or riotous, disorderly or indecent behaviour.- Whoever is found drunk and incapable of taking care of himself, or is guilty of any riotous, disorderly or indecent behaviour.

1[Explanation.- In this section "public place" means a place (including a road, street or way, whether a thoroughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass].

2[* * *]

5 These words were substituted for the words "public street, road, thoroughfare or place of public resort" by section 3(i) of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941). This Act was permanently re-enacted by section 2(1) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

1 Clause (8) was repealed by section 14 of the Tamil Nadu Prevention of Begging Act, 1946 (Tamil Nadu Act XIII of 1945). This Act was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).

2 The original clause (10) was repealed by section 14 of the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930) and the present clause was inserted by section 3 of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941) re-enacted permanently by section 2(1) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

3 These words were substituted for the words "not below the rank of a District Superintendent of Police" by section 2 of the Tamil Nadu Towns Nuisances (Amendment and Extension to Pudukkottai) Act, 1951 (Tamil Nadu Act XXXIV of 1951).

1 This Explanation was added by section 3 of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1841), re-enacted permanently by section 2(1) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

2 This paragraph was repealed by section 14 of the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930).

Section 4. Neglecting to fence in well, tank, etc.

4. Neglecting to fence in well, tank, etc.- Whoever neglects to fence in or protect any well, tank or other dangerous place or structure, or,

Causing offensive matter to tun from house, etc.- whoever causes any offensive matter to run from any house, factory, dung-heap or the like into the street-

shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment of either description which may extend to one month.

Section 5. Penalty for cruelty to animals

5. Penalty for cruelty to animals.- Whoever cruelly beats, ill-treats, tortures, or drives, rides or otherwise uses any animal in an unfit state to be so driven, ridden or used, of cause any animal to be cruelly beaten, ill-treated, tortured, or to be driven, ridden or used when unfit to be driven, ridden or used, shall be liable on conviction to fine not exceeding fifty rupees, or to imprisonment of either description not exceeding one month, or to both.

Section 6. [Repealed]

6. [Repealed]- 1[* * *]

1 These Motions were repealed by section 14 of the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1030).

Section 7. [Repealed]

7. [Repealed]- 1[* * *]

1 These Motions were repealed by section 14 of the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1030).

Section 8. Police may arrest without warrant on view of offence

2[8. Police may arrest without warrant on view of offence].- (1) Any police officer may arrest without warrant any person committing in his view any offence made punishable by this Act.

3[(2) Any agent of the Society for the Prevention of Cruelty to Animals who is specially empowered by the 4[State] Government in that behalf may arrest without a warrant any person committing in his view any offence punishable under section 5;

5[([* * *])]

6[(3) The agent shall have power to release any person so arrested on his executing a bond, with or in without sureties, for his appearance before a Magistrate if and when required].

6[(4) The provisions of the *Code of Criminal Procedure, 1898 (Central Act V of 1898) shall apply to any arrest made or bond taken under this section as if the arrest had been made, or the bond had been taken, under the said Code].

2 Original section 8 was renumbered as sub-section (1) of Motion by section 3 of the Madras City Police, Towns Nuisance and Prevention of Cruelty to Animals (Amendment, Act, 1942) (Tamil Nadu Act XX of 1942), Re-enacted permanently with specified modifications by section 2(2) of, and the Second Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

3 This sub-section was added by section 5, ibid.

4 This word was substituted for the word "Provincial" by the Adaptation Order of 1960.

5 The words and the provisions of the Code of Criminal Procedure, 1898 shall apply to an arrest made by such agent as if it had been made by a Police officer war omitted by section 2(2) of, and the Second Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

6 Sub-sections (3) and (4) were inserted by ibid.

* Now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Section 9. [Repealed]

9. [Repealed]- 1[* * *]

1 This section to repealed by section 14 of the Tamil Nada Gaming Act, 1930 (Tamil Nadu Act III of 1930).

Section 10. Destruction of stray dogs

10. Destruction of stray dogs.- The District or Sub-divisional Magistrate may, from time to limit cause to be notified by beat of drum or otherwise that dogs found straying within certain limits will be destroyed, and dogs found straying within such limits after such notification may be destroyed by any person in such manner as the District or Sub-divisional Magistrate may, from time to time direct.

Section 11. Act to form part of District Police Act

11. Act to form part of District Police Act.- Sections 3 and 4 of this Act shall be read with, and form part of, Act XXIV of 18592.

3[* * *]

2 Short title "The Tamil Nadu District Police Act, 1859".

3 The Schedule appended to this Act was repealed by the Repealing and Amending Act, 1901 (Central Act XI of 1901). see the Third Schedule, Part III.

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