Chapter VI Chapter VI

Without prejudice to the generality of the definition of the expression “nuisance” contained in clause (22) of section 2, the following shall be deemed specifically to be nuisances for the purposes of this Chapter — (1) any premises in such a state as to be prejudicial to health; (2) any pond, pool, ditch, gutter, water-course, water-trough, latrine, cesspool, drain or ashpit which is so foul or in such a state as to be prejudicial to health; (3) any animal kept in such a place or manner as to be prejudicial to health; (4) any accumulation or deposit of refuse or other matter which is prejudicial to health; (5) any factory, workshop or workplace, which is not provided with sufficient means of ventilation or in which sufficient ventilation is not maintained, or which is not kept clean or not kept free from noxious effluvia, or which is so overcrowded while work is carried on as to be prejudicial to the health of those employed therein; (6) any fireplace or furnace which does not as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam, or in any mill, factory, dyehouse, brewery, bakehouse or gaswork, or in any manufacturing or trade process whatsoever; (7) any chimney sending forth smoke in such quantity as to be a nuisance; (8) any noise, vibration, dust, cinders, irritating smell, noxious vapours or offensive odour produced by a factory, workshop or workplace or an installation and which is a nuisance to the neighbourhood; (9) any human habitation without adequate sanitary convenience or without access to sanitary convenience within the premises of the habitation rendering such place in such a state as to be prejudicial to health.

Every local authority shall,— (a) cause its local area to be inspected from time to time with a view to ascertain what nuisance exist therein calling for abatement under the powers conferred on such authority by this Act, and (b) enforce the provisions of this Act in order to abate such nuisances.

Any person aggrieved by a nuisance in any local area may give information of the same to the Health Officer or any other officer of the local authority.

(1) If the Health Officer is satisfied, whether upon information received under section 39 or otherwise, of the existence of a nuisance, he shall be duty bound to issue a notice, within a period of seven days from the date of receipt of such information or date of knowledge of the existence of such nuisance, as the case may be, requiring the person who is responsible for such nuisance or by whose act, default or sufferance or thing the nuisance arises or continues, and/or if that person cannot be found, the owner or occupier of the premises in respect of which the nuisance arises or continues, to abate the nuisance and to execute such works and take such steps as may be necessary for that purpose, within a period as may be fixed in the notice, not exceeding sixty days in any case. Provided that, the Health Officer, for reasons to be recorded in writing, and upon the application in writing by such person to whom such notice is issued, may extend the period specified in such notice, by a further period of fifteen days, in the facts and circumstances of the case. (2) The officer-in-charge of the police station of the area concerned shall be duty bound and responsible, when called upon by the concerned Health Officer or such other officer as authorised by the Directorate of Health Services, to provide necessary police protection for removal and/or to ensure removal of such nuisance and shall also provide all possible assistance for removal of such nuisance. The officer-in-charge of the police station, shall be answerable and responsible for non-compliance of the requisition made by the Health Officer or by such other person as specified in this sub-section. (3) The directions as contained in the notice under sub-section (1) shall have effect, notwithstanding anything contained in any other law for the time being in force or any custom or usage or decree or order of a Court, or any agreement or contract, express or implied, as far as they are not inconsistent with the provisions of this section. (4) The issuance of the notice under sub-section (1) to a person, as an occupier of any premises, shall not create any legal right, title or interest in such person, in respect of such premises, if such person is not the owner of such premises as the notice issued is only for creating the liability of abatement of nuisance or execution of any work or to take such steps as may be directed under sub-section (1). (4-A) Notwithstanding anything contained in sub-section (5), if any person, whether owner or occupier of any premises, to whom a notice is issued by the Health Officer under sub-section (1), fails to comply with the directions given therein within the specified period or within the extended period, as the case may be, and the nuisance is caused due to improper drainage, overflowing of septic tank or lack of provision for adequate sanitary convenience, etc., the owner or occupier of the premises shall be liable to pay a fine of Rs. 500 per day till such time the nuisance is abated or the occurrence thereof is stopped. (5) If any person, owner or occupier of any premises, to whom a notice is issued by the Health Officer under sub-section (1), fails to comply with the directions given therein, within the specified period or within the extended period, as the case may be, the Health Officer shall himself execute any work or take such steps, which he may consider necessary, to abate the nuisance and to prevent the recurrence thereof: Provided that, any expenses incurred or loss suffered on account of execution of any work or steps taken by the Health Officer, for abatement of nuisance under this sub-section, shall be recovered from the person to whom the notice under sub-section (1) was issued, as arrears of land revenue. Provided further that the Health Officer, after giving due notice to the defaulter, may request the Electricity Department or the Public Works Department, as the case may be, to disconnect the electricity or water supply to the premises or place in respect of which the nuisance arose or continues and the Electricity Department or the Public Works Department to whom such request is made shall forthwith disconnect said supply and such disconnection shall continue till the nuisance is removed to the entire satisfaction of the Health Officer. (6) The failure to comply with the directions contained in the notice issued under sub-section (1) shall be cognizable offence, punishable with: fine which may extend to Rs. 25,000/- Provided that the said offence may be compounded by the Health Officer, if the offender agrees to pay a fine of Rs. 3,500/-. (7) In case of any nuisance arising in respect of the premises belonging to the Government, the officer-in-charge of the said premises or Head of office, as the case may be, shall be liable personally to be issued a notice under sub-section (1) as also for the penalty specified in sub-section (6): Provided that if the Health Officer himself is the office-in-charge of such premises or Head of office, the provisions of sub-section (1) shall not be applicable to him although he shall be duty bound and liable to abate the nuisance within a period of eight days from the date of knowledge of the existence of nuisance. (8) If the Health Officer, after receiving the information of any nuisance, either under section 39 or upon his own knowledge, intentionally or deliberately, fails or neglects, to take any action as provided for, in sub-section (1), (5) or (7) as the case may be, within the period specified thereto, he shall be liable for payment of fine at the rate of at least Rs. 50/- per day and which may extend to Rs. 5000/-, upon conviction by the Judicial Magistrate First Class, after a complaint at that regard is filed by any person aggrieved by a nuisance.

If the person on whom a notice to abate a nuisance has been served under section 40 makes default in complying with any of its requirements within the time specified therein or if the nuisance although abated within such time is, in the opinion of the local authority, likely to recur on the same premises, the local authority may arrange for the execution of any works necessary to

Where a house or other building, is in the opinion of the Health Officer, unfit for human habitation by reason of a nuisance existing therein, he may apply to a Magistrate to prohibit the use of such house or building for human habitation until it is rendered fit therefor.

(1) The Health Officer may sell any material which have been removed by him from any premises when executing works under this Chapter or otherwise carrying into effect the provisions thereof, if such materials are not claimed and taken away by the owner before the expiration of seven days from the date on which they were removed by the local authority. (2) A Health Officer selling any materials under sub-section (1), shall pay the sale-proceeds to the person to whom the materials belonged after deducting therefrom the amount of any expenses recoverable from him by such authority. (3) The provisions of this section shall not apply to any offensive matter removed by a local authority under the Act governing such authority.

Any Officer of the Public Health Department of the Government not below the rank of Health or Sanitary Inspector, may enter and inspect any premises for the purpose of enforcing any of the provisions contained in this Chapter: Provided that— (a) no such entry shall be made between sunset and sunrise except when a nuisance is caused by anything done or omitted to be done in the premises between sunset and sunrise; (b) no dwelling house shall be so entered without the consent of the occupier thereof, and unless he has been served at least twenty-four hours previous notice of the intention to make such entry; (c) sufficient notice shall in every case by given to enable the inmates of any apartment appropriated to women to withdraw to some part of the premises where their privacy may be preserved; and (d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry to the social and religious usages of the persons residing in the premises.

If a nuisance under this Act within, or affecting any part of a local area, appears to be wholly or partly caused by some act or default committed or taking place outside such local area, the Health Officer may take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisances, authorised by this Act in the like cases and with the like incidents and consequences as if the act or default were committed or took place wholly within such local area.

(1) No person shall deposit or cause or suffer any member of his family or house hold to deposit any carcasses of animals, any dust, dirt, dung, ashes, or refuse or filth, earthenware or other rubbish, or any other thing which is or may be a nuisance in any a street, or in any arch under a street, or in any drain beside a street, or on any open space or on any quay, jetty or landing place of or any part of the sea-shore, or on the bank of any water-course, except in such receptacles as may be provided at such places, in such manner and at such hours, as may be fixed by the local authority. (2) No person shall cause himself or cause, permit or suffer any member of his family or household to ease himself in any such street, arch, drain, open space, quay, jetty, landing place, sea-shore or bank aforesaid. (3) Any person easing himself in any private open space shall immediately cover up the excreta with earth.