Lawgist141Procedure on order being made absolute and consequences of disobedience
(1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860).
(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrates local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.
(3) No suit shall lie in respect of anything done in good faith under this section.
Download our fully-offline, High speed android app.- Click here
- 133 Conditional order for removal of nuisance
- 134 Service or notification of order
- 135 Person to whom order is addressed to obey or show cause
- 136 Consequences of his failing to do so
- 137 Procedure where existence of public right is denied
- 138 Procedure where he appears to show cause
- 139 Power of Magistrate to direct local investigation and examination of an expert
- 140 Power of Magistrate to furnish written instructions, etc
- 141 Procedure on order being made absolute and consequences of disobedience
- 142 Injunction pending inquiry
- 143 Magistrate may prohibit repetition or continuance of public nuisance
