Power to prohibit, etc., continuance of music, sound or noise. 29

38. (1) If the Commissioner or District Superintendent is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, distrurbance discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating- ( a) the incidence or continuance in or upon any premises of- (i) any vocal or instrumental music, (ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of '[producing or reproducing sound], or (b) the carrying on, in or upon any premises of any trade, avocation, or operation resulting in or attended with noise. I. Clause (cc) was inserted by Guj. 26of1972, s. 2 (I). 2. These words \Vere substituted for the \vords "corrosive substance or explosive or missile", ibid., s.2 (2). 3. These \Vords \Vere substituted for the \Vords "producing sound" by Boin. 28of1954, s. 9. Power to prohibit, etc., continuance of music, sound or noise. Issue of orders for prevention of riot, etc. (2) The authority empowered under sub-section (1) may, either on its mvn motion or on the application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order ; Provided that before any such applications disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by pleader and showing cause against the order and shall, if it, rejects any such application either wholly or in part, record its reasons for such rejection.