Report No. 37
In section 135 of the principal Act, in clause (b), after the words "appear in accordance with such order and" insert the words and figures "subject to the provisions of section 139A".
For section 137 of the principal Act, substitute the following section, namely:-
"137. Procedure where such person shows cause.- (1) If such person appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.
[Cf. section 137(1)]
(2) If the Magistrate is satisfied that the order is reasonable and proper as originally made, or as subject to such modification as the Magistrate considers necessary, the Magistrate shall make the order absolute, subject to such modification (if any).
[Cf. section 137(3)]
(3) In other cases, no further proceedings shall be taken in the case.
[Cf. section 137(2)]
Section 137A (New)
After section 137 of the principal Act, insert the following section namely:-
"137A. Power of Magistrate to direct a local inquiry or summon and examine an expert.- (1) The Magistrate may, for the purposes of an inquiry under this Chapter-
(a) direct a local investigation to be made by such person as it thinks fit; or
(b) summon and examine an expert.
[Compare Order 26, rule 9, Code of Civil Procedure, 1908, and sections 148 and 539B of the Code of Criminal Procedure, 1898]
(2) Where the Magistrate directs a local investigation by any person under sub-section (1), the Magistrate may-
(a) furnish such person with such written instructions as may seem necessary for his guidance, and
(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
[Compare section 148(1)]
(3) The report of such person may be read as evidence in the case.
[Cf. section 148(2) of the Code of Criminal Procedure, 1898]
(4) Where the Magistrate summons and examines an expert under sub-section (1), the Magistrate may direct by whom the cost of such summoning and examination shall be paid".
[Contrast Order 26, rule 13(2), Code of Civil Procedure, 1908]
For section 143 of the principal Act, substitute the following section, namely:-
"143. Power to prohibit repetition or continuance of public nuisance.- A Presidency Magistrate specially empowered by the State Government in this behalf or a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code or any special or local law".
[Compare section 143, Bombay]
In section 144 of the principal Act, in sub-section (1), for the words "a District Magistrate, a Chief Presidency Magistrate, Sub-divisional Magistrate or of any other Magistrate (not being a Magistrate of the third class) specially empowered by the State Government or the chief Presidency Magistrate or the District Magistrate" substitute the words "a Chief Presidency Magistrate, a District Magistrate, a Sub-divisional Magistrate or of any other Executive Magistrate specially empowered by the State Government or the Chief Presidency Magistrate or the District Magistrate".
In section 144 of the principal Act, for sub-section (3), substitute the following sub-section, namely:-
to a particular individual or to the public generally when frequenting or visiting a particular place or area or residing in a particular place or area.
Section 144(7) (New)
In section 144 of the principal Act, insert the following sub-section at the end, namely:-
"(7) Where the State Government issues a direction under sub-section (6), any person aggrieved may make a representation to the State Government against such direction; and the State Government may, after giving such person a reasonable opportunity of being heard, rescind or alter the direction."