BOMBAY DISTRICT POLICE ACT, 1867

[Bom. Act No. VII of 1867]

An Act for the regulation of the District Police in the Presidency of Bombay

Preamble. Whereas it is expedient to establish regulations for the administration of the Police of the Presidency of Bombay;

It is enacted as follows:—

1.    [Repealed by Bom. Act. No. IV of 1890.]

2.    [Repealed by Bom. Act No. XII of 1873.]

3 to 32.   [Repealed by Bom. Act No. IV of 1890.] ²[33.   Common nuisances.—Any person —

Who on any public thoroughfare, without the permission of a Magistrate or Municipal Commissioner, constructs any booth, shed, stable or the like, or lays down any stones or building material ; or

Who within the limits or site of any town or village, without sufficient cause, wilfully allows to accumulate any offensive matter in cesspools, dung heaps or the like, so as to cause annoyance to the neighbouring residents or to passengers; or

Who, without sufficient cause, wilfully allows any offensive matter to issue on to any public thoroughfare from any house, factory, stable, privy or the like ; or

Who deposits the bodies of dead animals, or refuse or filth of any description either in channels which in the rainy season feed any tank or reservoir set apart for drinking, or in other places where to deposit such is offensive to the community ; or Who, in disregard of established rules or the order of a Magistrate, stacks or stores grass or other inflammable material within fifty yards of a dwelling-house, outhouse or other buildings ; or fails to remove the same when so stacked or stored ; or Who disobeys the order of a Magistrate given in respect to land in or near towns, villages or dwelling-places, or in or near public roads and thoroughfares, for the pruning, of hedges, or removal of overgrown prickly pear or other vegetation, the unchecked growth of which is likely to be injurious to health; shall be punishable for every such offence, on conviction before a Magistrate, to the extent of fifty rupees fine, or, in default of payment, to imprisonment not exceeding eight days:

Provided that no person shall be required to prune a hedge below three feet in height and three feet in width.

*34. Removal of prickly-pear or other nuisance from waste-land of town or Village .—Whenever the removal of prickly pear or other vegetarian or of any nuisance, from the common of waste-land of any town or village shall, in the opinion of *[the District Magistrate or any Magistrate specially empowered in this behalf by the State Government], be necessary, it shall be lawful for the said Magistrate to order such removal by a general notice addressed to all persons having an interest in the said common land, and to the inhabitants of the town or village at large which notice shall be affixed to the chowree or other principal place of public resort; and if within a reasonable time, being not less than seven days, to be specified in the said notice, the order be not carried out, the Magistrate may cause the vegetation or nuisance to be removed, and on the requisition of the said Magistrate the cost of the removal shall be assessed and levied from the inhabitants in the manner provided in sections 16 and 17 *     *     *

35 to 47.   [Repealed by Bom. Act No. IV of 1890.]