MADRAS TOWNS NUISANCES ACT, 1889 THE MADRAS TOWNS NUISANCES ACT, 1889 [Act No. 03 of 1889[1]] [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 18592 and to consolidate and improve the law relating to
nuisances in places outside the Town of Madras : It is hereby enacted as
follows :-- (1) This Act
may be called the [2][Madras]
Towns Nuisances Act, 1889. Local extent (2) [3]
Preamble - THE MADRAS TOWNS NUISANCES ACT, 1889PREAMBLE
Section 2 - [Enactments repealed.]
Repealed by the Repealing
and Amending Act, 1901 (Central Act XI of 1901).
Section 3 - Penalty for certain offences in public Places
Whoever in any [8][public
place] commits any of the following offences shall be liable on conviction to
fine not exceeding fifty rupees or to imprisonment of either description not
exceeding eight days:--
Rash or negligent driving
(1) Whoever
drives or rides any animal, or drives, drags or pushes any vehicle, in a rash
or negligent manner.
Causing obstruction by negligence in driving cattle
(2) Whoever
by negligence or ill-usage in driving cattle causes any mischief or obstruction
by such cattle.
Driving,
etc., otherwise than on near or left side of the road
(3) 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.
Leaving
vehicle or cattle without due control.
(4) 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.
Obstructing
thoroughfare
(5) 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.
Exposing
goods so as to cause obstruction
(6) Whoever
exposes goods for sale so as to cause obstruction.
Letting
loose horses or ferocious dogs.
(7) 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.
[9][(8)
Repealed.]
Depositing
rubbish, stones, etc
(9)
Whoever without reasonable excuse throws or lays down any dirt, filth, rubbish,
or any stones or building materials.
Unauthorized
use of sound amplifiers in public places
[10][(10)
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 [11](not
below the rank of a Deputy Superintendent of Police.)]
Committing nuisances in public place.
(11) ?Whoever wilfully and indecently exposes his
person or commits a nuisance by eating himself, and whoever, having the care or
custody of any child under seven years of age, omits to prevent such child from
committing a nuisance as aforesaid.
Drunken or riotous disorderly or indecent behaviour.
(12) ?Whoever is found drunk and incapable of taking
care of himself, or is guilty of any riotous, disorderly or indecent behaviour.
[12][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.]
[13][ * * *
*]
Section 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 run 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
Whoever cruelly boats,
ill-treats, tortures, or drives, rides or otherwise uses any animal in an unfit
state to be so driven, ridden or used, or causes 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.]
[14][Repealed.]
Section 7 - [Repealed.]
[15][Repealed.]
Section 8 - Police may arrest without warrant on view any offence
[16] [ (1)]
Any police officer may arrest without a warrant any person committing in his
view any offence made punishable by this Act.
[17][(2) Any
agent of the Society for the Prevention of Cruelty to Animals who is specially
empowered by the [18][State]
Government in that behalf may arrest without a warrant any person committing in
his view any offence punishable under section 5; [19](*
* * * *)]
[20][(3) The
agent shall have power to release any person so arrested on his executing a
bond, with or without sureties, for his appearance before a Magistrate if and
when required.]
[21][(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.]
Section 9 - [Repealed.]
[22][Repealed.]
Section 10 - Destruction of stray dogs
The District or
Sub-divisional Magistrate may, from time to time 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
Sections 3 and 4 of this
Act shall be read with, and form part of, Act XXIV of 1859.[23]
[24][ * * * ]
[1]
For
Statement of Objects and Reasons, see Fort St. George Gazette Supplement, dated
12th February 1889, page 3; for Report of the Select Committee, see ibid, dated
8th October 1889, page 1; for Proceedings in Council, see ibid, dated 26th
March 1889, page 2, ibid, dated 12th November 1889, page 12.
The Act came into force on
1st July 1891,
[2] This word was inserted by section
3(1) of, and the Second Schedule to, the Madras Repealing and Amending Act,
1951 (Madras Act XIV of 1951).
[3] This expression was substituted for
the expression "Sections 1 and 2 of this Act extend" by ibid.
[4] The Madras Towns Nuisances Act, 1889
as amended by section 2 of the Madras Towns Nuisances (Amendment and Extension
to Pudukkottai) Act, 1951 (Madras 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 Act has been repealed and
re-enacted in the Madras District Municipalities Act, 1920 (Madras Act V of
1920).
[6] 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.
[7] ?These words were substituted for the words
"Fort St. George Gazette" by the Adaptation Order of 1937.
[8] 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 was permanently re-enacted by section 2
(1) of, and the First Schedule to, the Madras Re-enacting Act, 1949 (Madras Act
X of 1949).
[9] Clause (8) was repealed by section 14
of the Madras Prevention of Begging Act, 1945 (Madras Act XIII of 1945). This
was permanently re-enacted by section 2 of, and the First Schedule to, the
Madras Re-enacting and Repealing (No. 1) Act, 1948 (Madras Act VII of 1948).
[10] The original clause (10) was repealed
by section 14 of the Madras Gaming Act, 1930 (Madras 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 Madras
Re-enacting Act, 1949 (Madras Act X of 1949),
[11] These words were substituted for the
words "not below the rank of a District Superintendent of Police " by
section 2 of the Madras Towns Nuisances (Amendment and Extension to
Pudukkottai) Act, 1951 (Madras Act XXXIV of 1951)
[12] This Explanation was added 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 Madras Re-enacting Act, 1949 (Madras Act X of 1949).
[13] This paragraph was repealed by section
14 of the Madras Gaming Act, 1930 (Madras Act III of 1930).
[14] These
sections were repealed by ibid.
[15] These
sections were repealed by ibid.
[16] Original section 8 was renumbered as
sub-section (1) of section 8 by section 3 of the Madras City Police, Towns
Nuisances and Prevention of Cruelty to Animal? (Amendment) Act, 1942, (Madras
Act XX of 1942) re-enacted permanently with specified modifications by section
2 (2) of and the Second Schedule to, the Madras Re-enacting Act, 1949 (Madras
Act X of 1949).
[17] This sub-section was added by section
3 of the Madras City Police, Towns Nuisances and Prevention of Cruelty to
Animals (Amendment) Act, 1942 (Madras Act XX of 1942), re-enacted permanently
with specified modifications by section 2 (2) of, and the Second Schedule to.,
the Madras Re-enacting Act, 1949 (Madras Act X of 1949).
[18] This word was substituted for the
word "Provincial" by the Adaptation Order of 1950.
[19] 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" were omitted by section
2 (2) of, and the Second Schedule to, the Madras Re-enacting Act, 1949 (Madras
Act X of T949)
[20] Sub-sections (3) and (4) were
inserted by ibid.
[21] Sub-sections (3) and (4) were
inserted by ibid.
[22] The
section was repealed by section 14 of the Madras Gaming Act, 1930 (Madras Act
III of 1930.)
[23] Short
title, "The Madras District Police Act, 1859."
[24] The
Schedule appended to this Act was repealed by the Repealing and Amending Act,
1901 (Central Act XI of 1901), see the Third Schedule