Chapter XVI Chapter XVI

Depositing dust, etc., committing nuisance. (1) Whoever deposits or causes or suffers any member of his family or household to deposit any dust, dirt, dung, ashes, refuse or filth of any kind or any animal matter or any broken glass or earthenware or other rubbish or any other thing that is or may be a nuisance or danger, in any street or in any arch under a street or in any drain beside a street or on any open space not being private property or on any quay, jetty or landing place or on any part of the seashore, or the bank of a tidal river, or whether above or below highwater mark, or on the bank of the river, water course or nullah, except at such places, in such manner and at such hours as shall be fixed by the Chief Officer, and whoever commits or suffers any members of his family or household to commit nuisance in any such place as aforesaid, shall, on conviction, be punished with fine which may extend to Five thousand rupees. (2) Whoever throws or puts or causes or suffers any members of his family or household to throw or put any of the matters described in sub-section (1) except night-soil or except with the permission of the Chief Officer, any night-soil into any drain, culvert, tunnel, gutter or water-course, and whoever commits nuisance or suffers any member of his family or household to commit nuisance in any such drain, culvert, tunnel, gutter or water-course, or in such close proximity thereto as to pollute the same, shall, on conviction, be punished with fine which may extend to Five thousand rupees.

Discharging sewage, etc. Whoever causes, or allows the water of any sink, sewer or cesspool or any other liquid or other matter which is or which is likely to become a nuisance, from any building or land under his control, to run, drain or be thrown or put upon any street or open space, or to soak through any external wall, or causes or allows any offensive matter from any sewer or privy to run, drain or be thrown into a surface drain in any street, without the permission in writing of the Chief Officer or who fails to comply with any condition prescribed in such permission, shall, on conviction, be punished with fine which may extend to Five thousand rupees.

Non-removal of filth, etc. Whoever, being the owner or occupier of any building or land, keeps, or allows to be kept for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or any noxious or offensive matter, in or upon such building or land, or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to remove the filth from and to cleanse and purify such receptacle, or keeps or allows to be kept in or upon such building or land any animal in such a way as to cause a nuisance, shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of continuing offence with further fine which may extend to one hundred rupees for every day after the first during which such contravention continues.

(1) The Chief Officer may from time to time fix the hours within which, the manner in which and the routes by which only it shall be lawful to remove any night-soil or such other offensive matter. (2) The Chief Officer shall cause a notice of such hours, manner and routes to be given in the manner prescribed in section 311. (3) Whoever,— (a) when the Chief Officer has fixed such hours, manner and routes and given such public notice, removes or causes to be removed along any street any such offensive matter at any time except within the hours so fixed, or by any route other than that fixed by the Chief Officer; or (b) at any time, whether such hours, manner or routes have been fixed by the Chief Officer or not,— (i) uses for any such purpose any cart, carriage, receptacle or vessel, not having a covering sufficient for preventing the escape of the contents thereof and of the stench therefrom; or (ii) wilfully or negligently slops or spills any such offensive matter in the removal thereof; or (iii) does not carefully sweep and clean every place in which any such offensive matter has been slopped or spilled; or (iv) places or sets down in any public place any vessel containing such offensive matter, shall, on conviction, be punished with fine which may extend to Five thousand rupees.

Using offensive manure, etc. Whoever, except with the written permission of the Chief Officer, and in accordance with the conditions of such permission, stores or uses night-soil or other manure or substance emitting an offensive smell in such manner as to be a nuisance to the neighbourhood shall, on conviction, be punished with fine which may extend to Five thousand rupees.

Abatement of nuisance from wells, etc. If in the opinion of the Chief Officer— (a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, water course, or any collection of water; or (b) any cistern or other receptacle for water whether within or outside a building; or (c) any land on which water is accumulated, is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the Chief Officer may, by notice in writing, require the owner thereof to— (i) fill up, cover over or drain off the same in such manner and with such materials as the Chief Officer shall prescribe; or (ii) take such measure with respect to the same including treatment by such physical, chemical or biological methods for removing or abating the nuisance as may be prescribed in the notice.

(1) If, for any reason, it shall appear to the Council that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, the Council shall give to the owner or occupier of such building notice in writing, stating such reasons, and signifying its intention to prohibit the further use of the building or room, as the case may be, as a dwelling, and shall, in such notice, call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice; and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Council invalid or insufficient, the Council may, by an order in writing, prohibit the further use of such building or room as a dwelling. (2) When any such prohibition as aforesaid has been made by the Council, the Chief Officer shall cause notice of such prohibition to be affixed to, and the words “Unfit for human habitation” to be painted on the door or some conspicuous part of such building or room, as the case may be; and no owner or occupier of such building or room shall use or

Filthy buildings, etc. (1) If any building or land, whether tenantable or otherwise, is— (i) in an insanitary, filthy or unwholesome state; or (ii) in the opinion of the Chief Officer a nuisance to persons residing in the neighbourhood; or (iii) overgrown with prickly-pear or rank and noisome vegetation, the Chief Officer may, by written notice, require the owner or occupier of such building or land to clean, lime-wash internally or externally, clear, or otherwise put such building or land in a proper state. (2) Any person who fails to comply with the notice issued under sub-section (1) shall, on conviction, be punished with fine which may extend to Rs. 5,000, and in the case of continuing non-compliance with further fine which may extend to Rs. 100 for every day after the first, during which such non-compliance continues. (3) Where any building, by reason of dilapidation, neglect, abandonment, disuse or disputed ownership, or of its remaining untenanted and thereby— (a) becoming a resort of idle and disorderly persons, or of persons who have no ostensible means of subsistence or who cannot give a satisfactory account of themselves; or (b) coming into use for any insanitary or immoral purpose; or (c) affording a shelter to snakes, rats or other dangerous or offensive animals, is open to objection that it is a source of nuisance or danger or so unwholesome or unsightly as to be a source of discomfort, inconvenience or annoyance to the neighbourhood or to persons passing by such building, the Council, if it considers such objection cannot under any other provision of this Act be otherwise removed, may, if there is any person known or resident within the municipal area who claims to be the owner of such building, by written notice directed to such person, require such person, or in any other case by written notice fixed on the door or any other conspicuous part of the building, require all persons claiming to be interested in such building, within a period which shall be specified in the notice and which shall not be less than one month from the date of such notice, to— (i) take such measure as may be specified in the notice to remove or to prevent such nuisance, danger, discomfort, inconvenience or annoyance; or (ii) cause such building to be taken down and the materials thereof to be removed.