Criminal Procedure Code · 2021 Revised Edition · Chapter IX
93. Magistrate may make conditional order for removal of nuisance
Official textFrom Attorney General's Chambers, unchanged
Whenever a Magistrate considers, on receiving a report or other information and on taking such evidence, if any, as he thlnks fit, that -
Magistrate
"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
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
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 such obstruction or nuisance, or carrying on such 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 such obstruction or nuisance;
suppress or remove such trade or occupation;
remove such goods or merchandise;
prevent or stop the construction of such building;
remove, repair or support such building;
lop or fell such tree;
alter the disposal of such substance;
fence such 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 manner hereinafter provided.
For the purposes of this section, a "public place" includes also property belonging to the Government and grounds left unoccupied for sanitary or recreative purposes.
Terms defined in s 2
Magistrate
Defined · s 2"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
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Chapter X
Chapter XI
Chapter X
Chapter X I
Part
Information to Police and Their Powers to Investigate
Chapter XIII
Part
Proceedings in Prosecutions
Chapter X7V
Chapter XV
Chapter XVI
Chapter XVII
Chapter XVIII
Chapter X
Chapter X H
Chapter XX
Chapter XXI
Chapter XXII
Chapter XX7I1
Chapter XXIV
Chapter XXV
Chapter XXVII
Part 7
Chapter XXLX
Part 8
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
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