NDMC Act 380Chapter XX · Magistrates and proceedings before magistrates
Section 380 · Procedure to be followed by magistrate regarding complaints concerning nuisances
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(1) Upon the receipt of any complaint under section 379, the magistrate, after making such inquiry as he
thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the
land or building on which the nuisance has taken place, to take such measures as to such magistrate may
seem practicable and reasonable, and within such period as may be specified in the order for abating,
preventing, removing or remedying such nuisance and may direct the Chairperson to put into force any of
the provisions of this Act or any bye-law made thereunder.
(2) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainants loss of time in prosecuting such complaint.
(3) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by sub-section (1) and make such order as he considers necessary forthwith.
(4) If the person directed to take action by an order under sub-section (1) or sub-section (2) fails to do so within the period specified in the order, the Chairperson may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act.
(2) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainants loss of time in prosecuting such complaint.
(3) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by sub-section (1) and make such order as he considers necessary forthwith.
(4) If the person directed to take action by an order under sub-section (1) or sub-section (2) fails to do so within the period specified in the order, the Chairperson may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act.
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