Chapter V PUBLIC SAFETY, CONVENIENCE AND HEALTH

Vesting of water works in Gram Panchayats (1) All public water-courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand-pipes and other water works (including those used by the public to such and extent as to give a prescriptive right to their use) whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erected at the cost of the gram panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not being private property, appertaining thereto shall vest in the gram panchayat and be subject to its control: Provided that nothing in this sub-section shall apply to any work which is, or is connected with, a work of irrigation or to any adjacent land appertaining to any such work. (2) Subject to such restrictions and control as may be prescribed, the gram panchayat shall have the fishery rights in any water work vested in it under sub-section (1), the right to supply water from any such work for raising seed beds on payment of the prescribed fee, and the right to use the adjacent land appertaining thereto for planting of trees and enjoying the usufruct thereof or for like purpose. (3) The Government may, by notification, define or limit such control or may, assume the administration of any public source of water supply and public land adjacent and appertaining thereto after consulting, the gram panchayat and giving due regard to its objections, if any.

Setting apart of public tanks etc., for certain purposes (1) (a) The gram panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or other articles or fishing in any public spring, tank or well or in any public water-course or part thereof and may set apart any such place for drinking or for bathing or for washing animals or clothes or for any other specified purpose. (b) The powers conferred by clause (a) may, in the case of any private spring, tank, well, or water course, be exercised by the gram panchayat, with the consent of the owner of such place. (c) The gram panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or of other articles, in any private spring, tank, well or water-course from which the public have a right to take water for drinking purposes. (2) The executive authority on receipt of a certificate from any health or medical officer in the service of the Government, the gram panchayat or the Mandal Praja Parishad or Zilla Praja Parishad stating that the water in any well, tank, spring or other sources of water-supply to which the public have access in the village, is likely to endanger or cause the spread of any dangerous disease, shall, by public notice, prohibit the use of such water, such notice shall be served by affixing a copy of it near the source of water-supply and by beat of drum stating the number of days during which such prohibition shall last. The executive authority may modify the notice or extend the period of operation therof without the production of a further certificate.

Prohibition against using places so set apart for purposes other than those Notified No person shall- (a) bathe in or defile, the water in any place set apart for drinking or cooking purposes either by a gram panchayat or in the case of private property, by the owner thereof; or (b) deposit any offensive or deleterious matter in the bed of any place set apart as aforesaid when such bed is dry; or (c) wash clothing in any place set apart as aforesaid; or (d) wash any animal or any cooking utensil or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any other place set apart as aforesaid or set apart for bathing or for washing clothes; or (e) allow the water from a sink, sewer, drain engine or boiler, or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid or set apart for bathing or for washing clothes.

Contribution from persons having control over places of pilgrimage etc. Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs, or festivals or for other like purposes, is situated within the limits of a village or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the gram panchayat but the Government may, after consulting the trustee or other person having control over such place, require him to make such recurring or non-recurring contribution to the funds of the gram panchayat as they may determine.

Cleaning of Private Latrines The executive authority of a gram panchayat may contract with the owner or occupier of any premises to remove rubbish or filth or any particular kind of rubbish or filth, from such premises or any place belonging thereto, on such terms as to times and periods of removal and other matters as may deem fit and suitable to the executive authority and on payment of fees at such rate calculated to cover the cost of the service as the gram panchayat may fix.

Registration of burial and burning grounds (1) Every owner or person having control of any place used at the commencement of this Act as a place for burying, burning or otherwise disposing of the dead, shall, if such place be not already registered under any law applicable thereto, apply to the gram panchayat to have such place registered under this Act. (2) If it appears to such gram panchayat that there is no owner or person having the control of such place, the gram panchayat shall assume such control and register such place or may close it.

(1) No new place for the disposal of the dead whether private or public, shall be opened, formed, constructed or used, unless a licence is obtained from the gram panchayat on application. (2) Such application for a licence shall be accompanied by a plan of the place to be licensed showing the locality, boundary and extent thereof the name of the owner or person or community interested therein, the system of management and such further particulars as the gram panchayat may require. (3) The gram panchayat to which an application is made, may, in consultation with the District Health Officer - (3) (a) grant or refuse a licence, or (b) postpone the grant of licence, until objections, if any, to the site, considered reasonable by the gram panchayat have been removed or any particulars called for by it have been furnished. (4) The District Collector may cancel or modify any order passed by gram panchayat under sub-section (3).

A gram panchayat may, and shall, if no sufficient provision exists, provide at the cost of the gram panchayat fund, places to be used as burial or burning grounds or crematoria and may charge rents and fees for the use thereof.

(1) A book shall be kept at the office of every gram panchayat in which the places registered, licensed or provided under section 85, section 86, section 87 and all such places registered, licensed or provided before the commencement of this Act shall be recorded. (2) A notice in English and in the chief language of the village that such place has been registered, licensed or provided as aforesaid, shall be affixed at or near the entrance to such place conspicuously.

Prohibition against burying or burning in unauthorised places No person shall bury, burn or otherwise dispose of or cause of suffer to be buried, burnt or otherwise disposed of, any corpse in any place within two hundred metres of a dwelling place or any source of drinking water supply other than a place registered, licensed or provided as aforesaid.

Notices to be given to Gram Panchayat of burials etc. The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal, of a corpse at such place to any person appointed by the gram panchayat.

(1) If a gram panchayat is satisfied,- (a) that any registered or licensed place for the disposal of the dead is in such a state or a situation as to be or to be likely to become, dangerous to the health of persons living in the neighbourhood thereof; or (b) that any burial ground is overcrowded with graves, and if in the case of a public burial or burning ground or other place as aforesaid, another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may, with the approval of Commissioner, give notice that it shall not be lawful, after a period of not less than two months to be specified in such notice, to bury, burn or otherwise dispose of, any corpse at such place. (2) Every notice given under sub-section (1) shall be published by affixture to the notice board in the office of the gram panchayat and in the village by beat of drum. (3) No person shall, in contravention of any notice under this section and after the expiration of the period specified in such notice, bury, burn or otherwise dispose of, or cause or permit to be buried, burnt or otherwise disposed of, any corpse at such place.

A Gram Panchayat shall have power to control and administer stray dogs or pigs, in such manner as may be precsribed.

Prohibition against allowing outflow of filth No owner or occupier of any premises shall allow the water from any sink, drain, latrine, or stable or any other filth, to flow out of such premises to any portion of a public road except a drain or cesspool or to flow out of such premises in such a manner as to cause nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of such public road.

Power as to sanitation and conservancy (1) If it appears necessary to improve the sanitary conditions of any area within the village, the executive authority may, by written notice, require owner or occupier of any of the lands, and houses in area, within a reasonable period to be specified in the notice, - (a) to remove a hut or privy either wholly or in part; (b) to construct in a building, private drains therefor or to alter or to remove, any private drain thereof; (c) to cause any land or building to be cleansed to the satisfaction of the executive authority; (d) where any land or building contains a well, pool, ditch, pond, tank, or any drain, filth or stagnant water which is injurious to health or offensive to the neighbourhood or is otherwise a source of nuisance, to cause the same to be filled up, cleansed or deepened or to cause the water to be removed therefrom or drained off or to take such other action as may be deemed necessary by the executive authority; (e) to cause any land overgrown with vegetation, under growth, prickly-pear, or jungle which is in any manner injurious to health or dangerous to the public or offensive to the neighbourhood or an impediments to efficient ventilation, to be cleared of the vegetation, undergrowth, prickly pear or jungle; (f) to convert any step well into a draw-well: Provided that the executive authority shall hear and decide objections, if any raised by the person on whom a notice is so served. (2) If any work required under sub-section (1) is not executed within the period specified in the notice the executive authority may himself caused such work to be carried out, and may recover the cost of such work or part thereof from the owner or occupier referred to in sub-section (1) in the manner hereinafter provided.

Prohibition against working of quarry near public roads (1) No person shall work a quarry in, or remove stones, earth or other material from, any place within twenty metres of a public road or of other immovable property vesting in or belonging to the gram panchayat under a licence issued by a gram panchayat. The gram panchayat may either grant or refuse to grant a licence and in the later case the reasons for refusal shall be communicated to the person concerned. (2) If, in the opinion of the gram panchayat, the working of any quarry or the removal of stone, earth or other material from any place is dangerous to any person residing in, or having legal access to, the neighbourhood thereof or creates or is likely to create a nuisance, the gram panchayat may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material form such place or to take such action in respect of such quarry or place as it shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.

Prohibition against destruction in or over public roads No person shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any public road except as hereinafter provided.

Prohibition against and regulation of door, gate, bar or ground floor window opening outwards (1) No door, gate, bar or ground floor window shall, without a licence from the executive authority, be hung or placed so as to open outwards upon any public road vested in the gram panchayat. (2) The executive authority may, by notice, require the owner of such door, gate, bar or ground floor window to alter it, so that no part thereof when open shall project over the public road.

Removal of encroachments (1) The executive authority may, by notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction, other than a door, gate, bar or ground floor window, situated against or in front of such building and in or over any public road vested in such gram panchayat. (2) If the owner or the occupier of the building proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any local authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the gram panchayat shall make reasonable compensation to every person who suffers damages by the removal or alteration of the same.

Power to allow certain projections and erections (1) The executive authority may, with the approval of the gram panchayat, grant a licence, subject to such conditions and restrictions as he may think fit to the owner or occupier of any building to put up varandahs, balconies, sunshades, weather frames and the like, to project over a public road vested in such gram panchayat; or to construct any step or drain covering necessary for access to the building. (2) The executive authority may grant a licence, subject to such conditions and restrictions as he may think fit for the temporary erection of pandal and other structures in a public road vested in such gram panchayat; or in any other public place the control of which is vested in such gram panchayat. (3) The executive authority shall have power with the approval of the gram panchayat, to lease the roadsides vested in such gram panchayat for occupation on such terms and conditions and for such period as the gram panchayat may fix. (4) But neither a licence under sub-section (1) nor a lease under sub-section (3) shall be granted if the projection, construction or occupation, as the case may be, is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such. (5) The Government may, by notification, restrict and place under such control as they may think fit the exercise, by any gram panchayat of the powers under sub-sections (1) and (3). (6) On the expiry of any period for which a licence has been granted under this section, the executive authority may without notice, cause any projection or construction put up under sub-section (2) to be removed, and the cost of so doing shall be recoverable, in the manner hereinafter provided from the person to whom the licence was granted.

(1) No building shall be erected without the written permission of the executive authority or any person authorised by such executive authority, over any sewer or drain or any part of sewer or drain or upon any ground which has been covered, raised or levelled wholly or in part by road sweepings or other rubbish. (2) The executive authority or the person authorised by him as aforesaid may, by notice, require any person who has erected a building without such

Prohibition against making holes and causing obstruction in public roads (1) No person shall make a hole or cause any obstruction in any public road vested in a gram panchayat except with the previous permission of the executive authority and subject to such conditions as the executive authority may impose. (2) When such permission is granted such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction to be sufficiently lighted during the night. (3) If any person contravenes the provisions of this section, the executive authority shall fill up the hole or remove the obstruction or cause the hole or obstruction to be lighted, as the case may be, and may recover the cost of so doing from such person.

Prohibition against planting or felling trees on public roads etc., without permission (1) No person shall plant any tree on any public road or other property vesting in or belonging to a gram panchayat, except with the previous permission of the executive authority and on such conditions as the executive authority may impose. (2) No person shall fell, remove, destroy lop or strip bark, leaves or fruits from, or otherwise damage any tree vesting in or belonging to a gram panchayat and growing on any such public road or property, except with the previous permission or order of the executive authority and on such conditions as the executive authority may impose.

(1) If any person, without the previous sanction of the gram panchayat, occupies any land which is set apart for any public purpose and is vested in or belongs to it, he shall be bound to pay in respect of such occupation such sum as may be demanded by the gram panchayat by way of penalty; and any such sum may be recovered in the manner hereinafter provided. (2) The executive authority may, by notice require any person on whom a penalty is or may be imposed under sub-section (1) to vacate such land and to remove any building or other construction or anything deposited on it. (3) If any damage to the property of the gram panchayat has been caused by any person occupying any land for which he is liable to pay penalty under sub-section (1), he shall be liable to pay compensation to the gram panchayat for such damage in addition to and irrespective of any penalty that may be imposed on or recovered from him, and the amount of such compensation, shall in case of dispute be determined and recovered in the manner hereinafter provided.

(1) The gram panchayat may provide places for use as public markets and, with the sanction of the Commissioner, close any such market or part thereof. (2) Subject to such rules as may be prescribed the gram panchayat may levy one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any prescribed in this behalf, as the gram panchayat may think fit- (a) fees for the use of, or for the right to expose goods for sale in, such market; (b) fees for the use of shops, stalls, pens or stands in such markets; (c) fees on vehicles including motor vehicles as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or pack-animals bringing or persons carrying, any goods for sale in such markets; (d) fees on animals brought for sale into or sold in such markets; (e) licence fees on brokers, commission agents, weighmen and measures practising their calling in such market.

(1) No person shall open a new private market or continue to keep open a private market unless he obtains from the gram panchayat a licence to do so. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed, as the case may be. (3) The gram panchayat shall, as regards private markets already lawfully established and may, as regards new private markets, grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water supply, width of paths and ways, weights and measures to be used, and rents and fees to be charged in such market, as the gram panchayat may think proper; or the gram panchayat may, for reasons to be recorded in writing, refuse to grant any such licence for any new private market. The gram panchayat may, however, at any time for breach of any condition of the licence suspend or cancel the licence granted under this section. The gram panchayat may also modify any of the conditions of the licence to take effect from a specified date. (4) When a licence is granted, refused, suspended, cancelled or modified under this section, the gram panchayat shall cause a notice of such grant, refusal, suspension, cancellation or modification in the chief language of the village to be pasted conspicuously at or near the entrance to the place in respect of which the licence was sought or had been obtained. (5) Every licence granted under this section shall expire at the end of the year. (6) Any person aggrieved by an order of the gram panchayat under sub-section (3) may appeal against such order to the Commissioner who may, if he thinks fit, suspend the execution of the order, pending the disposal of the appeal.

When a licence granted under section 104 permits the levy of any fees of the nature specified in sub-section (2) of section 104 a fee not exceeding fifteen percentum of the gross income of the owner from the market in the preceding year, shall be charged by the gram panchayat for such licence.

Power exercisable by Executive Authority in respect of public markets The executive authority may expel from any public market any person who or whose servant has been convicted of disobeying any bye-laws for the time being in force in such market, and may prevent such persons from further carrying on by himself or his servants or agents, any trade or business in such market, or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any shop, stall or place.

Powers exercisable by Gram Panchayat in respect of private markets (1) The gram panchayat may by notice, require the owner, occupier, or farmer of any private market to;- (a) construct approaches, entrances, passages, gates, drains and cess-pits for such market and provide it with latrines of such description and in such position and number as the gram panchayat may think fit; (b) roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the gram panchayat secure imperviousness and ready cleansing; (c) ventilate it properly and provide it with an adequate supply of water; (d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the gram panchayat may direct; (e) keep it in a cleanly and proper state, remove all filth and refuse therefrom and dispose of them at such place and in such manner as the gram panchayat may direct; and (f) make such other sanitary arrangements as the gram panchayat may consider necessary. (2) If any person, after notice given to him in that behalf by the gram panchayat, fails within the period and in the manner laid down in the said notice, to carry out any of the works specified in sub-section (1), the gram panchayat may suspend the licence of the said person, or may refuse to grant him a licence until such work is completed. (3) It shall not be lawful for any person to keep open any private market during such suspension or until the licence is renewed. (4) No owner, occupier, agent or manager incharge of any private market, or of any shop, stall, shed or other place therein, shall keep the same so that it is a nuisance, or fail to cause anything that is a nuisance in such market, shop, stall, shed or other place to be at once removed to a place to be specified by the gram panchayat.

Decisions of disputes as to whether places are market If any question arises as to whether any place is a market or not, the gram panchayat shall make a reference thereon to the Government and their decision shall be final.

No person shall sell or expose for sale any animal or article,- (a) in any unlicensed private market; or (b) in any public or licensed private market without the permission of the executive authority or licensee, as the case may be, or of any person authorised by him.

Prohibition against sale in or upon public roads The executive authority may, with the sanction of the gram panchayat, prohibit by public notice or licence or regulate, the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof.

Classification of markets (1) The Government shall have power to classify public and private markets situated in a village as [Mandal Praja Parishad] markets and gram panchayat markets and provide for the control of any such market and for the apportionment of the income derived therefrom between the [Zilla Praja Parishad], [Mandal Praja Parishad] and the gram panchayat or the payment of a contribution in respect thereof to the gram panchayat or the [Zilla Praja Parishad] or [Mandal Praja Parishad] as the case may be. (2) In the case of markets classified as [Mandal Praja Parishad] markets, the gram panchayat and its executive authority shall not exercise any of the powers conferred on them by sections 104 to 111 or both inclusive.

Vesting of places used as markets situated in estates taken over by the Government With effect on and from the date of deposit of final compensation under sub-section (1) of section 41 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act XXIV of 1948), in respect of any estates any place used as a market in such estates, which was vested in the Government under the provisions of the said Act, shall stand transferred to, and vest in, the gram panchayat in whose limits

The classification of public roads, fairs, and festivals, choultries, dispensaries and libraries in any gram panchayat area as appertaining to the Zilla Praja Parishad, Mandal Praja Parishad or the gram panchayat shall be made by the Commissioner in such manner as may be prescribed.

Subject to such rules as may be prescribed, the gram panchayat may : - (a) provide public landing places, halting places and cart stands (which last expression includes stands for animals and vehicles of any description including motor vehicles) and levy fees for their use: Provided that it shall be open to the gram panchayat to permit any person to compound such fees by paying in lieu thereof such lumpsum amount as may be fixed by the gram panchayat. (b) where any such place or stand has been provided prohibit the use for the same purpose by any person within such distance thereof, of any public places or the sides of any public road, as the gram panchayat may, subject to the control of the Commissioner specify.

No person shall open a new private cart-stand and or continue to keep open a private cart-stand unless he obtains from the gram panchayat a licence to do so. Such licence shall be renewed every year. (2) The gram panchayat shall as regards private cart-stands already lawfully established, and may, at its discretion, as regards new private cart-stands, grant the licence applied for subject to such conditions as the gram panchayat may think fit as to supervision and inspection, conservancy and such other matters as may be prescribed, or the gram panchayat may refuse to grant such licence, for any new cart-stand. (3) The gram panchayat may modify conditions of the licence to take effect from a specified date. (4) The gram panchayat may at any time suspend or cancel any licence granted under sub-section (2) for breach of the conditions thereof. (5) The gram panchayat may levy on every grant or renewal of a licence under this section, a fee not exceeding two hundred rupees.

Subject to such rules as may be prescribed, every gram panchayat may provide places for use as public slaughter-houses and charge rents and fees for their use.

Prohibition or regulation of the use of places for slaughtering animals and licensing of slaughterers The Government shall have power to make rules for,- (a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified in the rules, on all occasions not excepted therein, at places other than public slaughter-houses; (b) licensing persons to slaughter animals specified in the rules for purposes of sale to the public; and (c) the inspection of slaughter-houses and of the meat therein and the payment of remuneration to the officers employed for such inspection.

The gram panchayat may notify in the prescribed manner, that no place within the limits of the village shall be used for any one or more of the purposes specified in the rules made in this behalf without a licence issued by the executive authority in the prescribed manner and except in accordance with the conditions specified in such licence: Provided that no such notification shall take effect until the expiry of a period of sixty days from the date of publication.

Applications to be made for construction, establishment, or installation of factory, workshop or work-place in which steam or other power is to be employed (1) Every person intending- (a) to construct or establish any factory, workshop or work-place in which it is proposed to employ-steam power, water power or other mechanical power or electrical power; or (b) to install in any premises any machinery or manufacturing plant driven by steam, water or other powers as aforesaid, not being machinery or manufacturing plant exempted by rules made in this behalf, shall, before beginning such construction, establishment or installation, obtain the permission of the gram panchayat in the prescribed manner for undertaking the intended work. (2) The application to be made under sub-section (1) shall conform to such rules and shall be processed in such manner and in consultation and approval of such authorities and subject to such conditions as may be prescribed.

No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed and no addition or alteration shall be made to an existing building without the permission of the gram panchayat granted in accordance with the provisions of any rules or bye-laws made under this Act, relating to the use of building sites or the construction or reconstruction of buildings: Provided that the Government may, in respect of all gram panchayats or with the consent of the gram panchayat, in respect of any particular gram panchayat or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of any rules or bye-laws made under this Act.

(1) If in any factory, workshop or work-place in which steam power, water power or other mechanical power or electrical power is used, nuisance is caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the gram panchayat may issue such directions as it thinks fit for the abatement of nuisance within a reasonable time to be specified for the purpose. (2) If there has been wilful default in carrying out such directions or if fabatement is found impracticable, the gram panchayat may,- (a) prohibit the use of the particular kind of fuel employed, or (b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work-place between the hours of 9.30 p.m. and 5.30. a.m.

All licences, notices, permissions, given issued or granted, as the case may be, under the provisions of this Act, shall be in accordance with such rules as may be made in this behalf.

The Government may, either generally or in any particular case, make such order or give such directions as they may deem fit, in respect of any action taken or omitted to be taken under section 119, section 120 or section 122.

Notwithstanding in the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 or any other Act similar thereto for the time being in force in the State, when the Government extend that Act to any village or part thereof,- (a) the authority to whom application shall be made for a licence under that Act in respect of any place or building to be used exclusively for purposes other than the holding of cinematograph exhibitions and who may grant or refuse such licence shall be the executive authority; and (b) the appeal from the order of the executive authority granting, refusing, revoking or suspending a licence under that Act shall lie to the gram panchayat.