Criminal Procedure Code · Updated to 1 May 2023 · Chapter IX · Public Nuisances
89. Magistrate may make conditional order for removal of nuisance
Feedback & supportWhenever a First Class Magistrate considers on receiving a report or other information and on taking such evidence, if any, as he thinks fit, that―
any unlawful obstruction or nuisance should be removed from any way, harbour, lake, river or channel which is or may be lawfully used by the public or from any public place;
any trade or occupation or the keeping of any goods or merchandise by reason of its being injurious to the health or physical comfort of the community should be suppressed or removed or prohibited;
the construction of any building or the disposal of any substance likely to occasion conflagration or explosion should be prevented or stopped;
any building or tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by and that in consequence its removal, repair or support is necessary; or
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any tank, well or excavation adjacent to any such way as aforesaid or to any public place should be fenced in such a manner as to prevent danger arising to the public, the Magistrate may make a conditional order requiring the person causing the obstruction or nuisance, or carrying on the trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tree, substance, tank, well or excavation within a time to be fixed in the order to—
remove the obstruction or nuisance;
suppress or remove the trade or occupation;
remove the goods or merchandise;
prevent or stop the construction of the building;
remove, repair or support the building;
lop or fell the tree;
alter the disposal of the substance;
fence the tank, well or excavation, or appear before the Magistrate at a time and place to be fixed by the order and move to have the order set aside or modified in the manner hereinafter provided.
No order duly made by a Magistrate under this section shall be called in question in any Court except by way of appeal.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
For the purposes of this section a “public place” includes also property belonging to the Government of a State or of Malaysia and grounds left unoccupied for sanitary or recreative purposes.
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