Chapter XIV Chapter XIV

Prohibition of certain acts affecting the municipal water works. (1) A Council may, with the sanction of the Director, demarcate and notify the limits of the water-shed of any lake, tank, well or reservoir from which water is derived for the municipal water-work, or use by the residents of the municipal area. (2) Except with the permission of the Council, no person shall— (a) erect any building for any purpose whatever within such limits; (b) remove, alter, injure, damage or in any way interfere with any boundary marks of such water-shed; (c) extend, alter or apply to any purpose different to that to which the same has been heretofore applied, any building already existing within the said limits; or (d) carry on, within the said limits, any operation of manufacture, trade or agriculture in any manner, or do any act whatever, whereby injury may arise to any such lake, tank, well or reservoir or to any portion thereof or whereby the water of such lake, tank, well or reservoir may be fouled or rendered less wholesome. (3) Except with the permission of the Chief Officer, no person shall— (a) cause or suffer to percolate or drain into or upon any municipal water-work or to be brought thereinto or thereupon anything, or to be done any act, whereby the water therein may be in any way fouled or polluted or its quality altered; (b) alter the surface of any municipal land adjacent to or forming part of any such work by digging thereinto or depositing thereon any substance; (c) cause or suffer to enter into the water in such work any animal; (d) bathe in or near such work; (e) throw or put anything into or upon the water in such work; (f) wash or cause to be washed in or near such work any animal or thing. (4) Whoever contravenes any provision of sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to Rs. 5,000, or with both. (5) Whoever contravenes any provision of sub-section (3) shall be deemed to have committed an offence punishable under section 277 of the Indian Penal Code. (6) When any person is convicted under sub-section (4), the Magistrate who convicts him may order the immediate removal of any building, or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held. (7) If any order made under sub-section (6) is disobeyed or the execution thereof resisted, the offender shall, on conviction, be punished with imprisionment for a term which may extend to three months, or with fine which may extend to Rs. 10,000, or with both.

Prohibition of wilful or neglectful acts relating to water works. (1) No person shall wilfully or negligently— (a) injure or suffer to be injured any meter belonging to the Council or any of the fittings of any such meter; (b) break, injure or open any lock, seal, cock, valve, pipe, work engine, cistern or fitting appertaining to any municipal water-work; (c) do any act or suffer any act to be done whereby the water in, or derived from, any municipal water-work, shall be wasted; (d) obstruct, divert or in any way injure or alter any water-main or duct; (e) except with the permission of the Chief Officer, open, break, injure or tamper with any lock furnished under the provisions of this Act. (2) Whoever contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to Rs. 5,000.

Prohibition of constructing drains, etc., near sources of water supply. (1) The Chief Officer may, by a written notice, require the owner or occupier on whose land any drain, privy, water-closet, cesspool, or other receptacle for filth or refuse for the time being exists within such distance as may be prescribed by bye-laws, from any spring, well stream, channel, tank, reservoir or other source from which water is or may be derived for public use, and which would be in a position where such source of water is likely to be injured or the water therein polluted, to remove or close such drain, privy, water-closet, cesspool or other receptacle for filth or refuse, within one week from the date of service of the notice. (2) Whoever fails to comply with the notice under sub-section (1) shall, on conviction, be punished with fine which may extend to Rs. 2,500 and in the case of continuing offence with further fine which may extend to Rs. 50 for every day after the first during which such offence continues.

For the purpose of obtaining a supply or an additional supply of water or of distributing the same, the Council shall have the same powers and be subject to the same restrictions for carrying, renewing, repairing, altering and inspecting water mains, pipes and ducts within or without the municipal area as it has and is subject to under the provisions hereinbefore contained for carrying, renewing, repairing, altering and inspecting drains within the municipal area.

Power to require water supply to be taken. If at any time it appears to the Chief Officer that any building or land in the municipal area is without a proper supply of protected water, the Chief Officer, subject to the control of the Council, may by written notice require the owner, lessee or occupier of the building or land to obtain from any public works such quantity of water as may be adequate for the requirements of the persons usually occupying or employed upon the building or land, and to provide communication pipes of such size, materials and description and to take all necessary steps for the purpose as prescribed by bye-laws, if any, and if no bye-laws have been framed, then as the Chief Officer may consider necessary.

(1) The Chief Officer may, by written notice, require the owner or person having control over any well, stream, channel, tank or other source of water-supply, whether such source is private property or not— (a) to keep and maintain any such source of water-supply, other than a natural stream, in good repair; or (b) to cleanse any such source of water-supply from filth of any kind or from noxious vegetation and to remove any such filth or vegetation; or (c) to protect any such source of water-supply from pollution by surface drainage or otherwise; or (d) to repair, protect, or enclose in such manner as the Chief Officer approves, any such source of water-supply, if for want of such repair, protection or enclosure, such source is in the opinion of the Chief Officer dangerous to the health or safety of the public or of any person having occasion to use or to pass or approach the same; or (e) desist from using and from permitting others to use for drinking purposes any such source of water-supply, which is proved to the satisfaction of the Chief Officer to be unfit for drinking; or (f) if, notwithstanding any such notice under clause (e), such use continues and cannot in the opinion of the Chief Officer be otherwise prevented, close either temporarily or permanently or fill up or enclose or fence in such manner as the Chief Officer considers sufficient to prevent such use of such source of water-supply as aforesaid; or (g) drain off or otherwise remove from any source of water-supply or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Chief Officer considers to be injurious to health or offensive to the neighbourhood. (2) If the owner or person having control as aforesaid, fails or neglects to comply with any notice under sub-section (1) within the time specified therein, the Chief Officer may and if in his opinion immediate action is necessary to protect the health or safety of any person shall, at once proceed to execute the work required by such notice; and all the expenses incurred therein by the Chief Officer shall be paid by the owner of, or person having control over, such water-supply, and shall be recoverable in the same manner as an amount due on account of a property tax: Provided that, in the case of any well or private stream or of any private channel, tank or other source of water-supply, the water of which is used by the public or any section of the public as of right, the expenses incurred by the Chief Officer or necessarily incurred by such owner or person having such control, may if the Council so directs, be paid from the municipal fund. (3) The Chief Officer may, by written notice require the owner or occupier of any land to cut down, lop or trim all trees or shrubs which so overhang any public tank, well or other source of water-supply as to pollute or be likely to pollute the water thereof.

(1) The Council may set apart suitable places for the purpose of bathing, and may specify the times at which, and the sex of persons by whom, such places may be used, and may also set apart suitable places for washing animals, cloths or vessels or for any other purpose connected with the health, cleanliness or comfort of the inhabitants of the municipal area. (2) The Council may by public notice prohibit bathing or washing animals, clothes or vessels or doing any other thing in any public place not so set apart, or at times or by persons other than those specified under sub-section (1) or may prohibit other act by which water in public places may be reundered foul or unfit for use or which may cause inconvenience or annoyance to persons using the bathing or washing places. (3) Any person who contravenes any provision of sub-section (2), shall, on conviction, be punished with fine which may extend to fifty rupees.

Digging of wells, etc., without permission prohibited. (1) No new well, tank, pond, cistern or fountain shall be dug or constructed, without the previous permission in writing of the Chief Officer. (2) If any such work is begun or completed without such permission, the Chief Officer may either— (a) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Chief Officer shall prescribe; or (b) grant written permission to retain such work but such permission shall not exempt such owner from any proceedings for contravening the provisions of sub-section (1).

Fencing and lighting during repairs, etc. (1) The Chief Officer shall, during the construction or repair of any of the streets, drains or other premises vested in the Council, take proper precaution for guarding against accident, by shoring up and protecting the adjoining buildings, and shall cause such bars, chains or post as he shall think fit, to be fixed across or in any street to prevent the passage of carriages, carts or other vehicles, or of cattle or horses, while such construction or repair is being carried on and shall cause any such construction or repair work in a street to be sufficiently lighted and guarded during the night. (2) Whoever takes down, alters or removes any of the said bars, chains, or posts or removes or extinguishes any such light without the authority or consent of the Chief Officer, shall, on conviction, be punished with fine which may extend to two thousand five hundred rupees.

Dangerous quarrying. (1) If in the opinion of the Chief Officer, the working of any quarry or the removal of stone, earth or other material from the soil in any place, is dangerous to persons residing in or having a right of access to the neighbourhood thereof, or creates or is likely to create a nuisance, the Chief Officer may, by written notice, require the owner of the said quarry or place or the person responsible for such working or removal not to continue or permit the working of such quarry or the removing of such material, or to take such other measures in respect of such quarry or place as the Chief Officer shall direct for the purpose of preventing the danger or of abating the nuisance arising or likely to arise therefrom: Provided that, if such quarry or place is vested in the Government or if such working thereof or removal therefrom as aforesaid is being carried on by or on behalf of the Government or any person acting with the permission or under the authority of the Government or of any Government Officer acting as such, the Chief Officer shall not take such action, unless and until the Collector has consented to his so doing: Provided further that, the Chief Officer shall immediately cause a proper hoard or fence to be put up for the protection of passengers, near such quarry or place, if it appears to him to be necessary in order to prevent imminent danger. (2) Any expense incurred by the Chief Officer in taking action under this section shall be paid by such owner or the person responsible for such working or removal, and shall be recoverable in the same manner as an amount due on account of property tax.

Hoards to be set up during repairs, etc. (1) A person intending to construct or take down any building or to alter or repair any building externally shall, if the position or circumstances of the work is or are likely to cause or may cause obstruction, danger or inconvenience in any street, before beginning such work— (a) first obtain permission in writing from the Chief Officer so to do; and (b) cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on from the street, and shall maintain such hoard or fence standing and in good condition to the satisfaction of the Chief Officer during such time as the Chief Officer considers necessary for the public safety or convenience, and shall cause the same to be sufficiently lighted during the night, and shall remove the same when directed by the Chief Officer. (2) Whoever contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two thousand five hundred rupees and in the case of continuing contravention with further fine which may extend to one hundred rupees for every day after the first during which such contravention continues.

Power to require precaution in place of public entertainments. (1) It shall be the duty of the manager or proprietor of any place for public entertainment to make such provision as may be prescribed by the bye-laws or if no bye-laws have been framed, as the Chief Officer may by written notice require, for the prevention and extinction of fire and for the easy exit of the audience in case of fire. (2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to ten thousand rupees and in the case of continuing contravention with further fine which may extend to one hundred rupees for every day after the first during which such contravention continues.

Powers for suppression of fires. (1) It shall be the duty of all police officers and all municipal officers and servants to aid the fire brigade in the execution of its duties. (2) On the occasion of a fire within the limits of a municipal area, any Magistrate, the Chairperson, the Chief Officer or any member of a fire-brigade maintained by the Council or by the Government directing the operations of the brigade, and if directed so