Constitution of Standing Committee.

Any shaft or pipe erected or affixed by the Commissioner for the purposes of ventilating any drain or cesspool under section 175 shall— (a) be carried atleast fifteen feet higher than any sky-light or window situated within a distance of forty feet therefrom; (b) if the same be affixed to a wall supporting the eave of a roof, be carried at least five feet higher than such cave; (c) be erected or affixed so as to create the least practicable nuisance or in­convenience to the inhabitants of the neighbourhood; (d) be removed by the Commissioner to some other place, if at any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out, or cannot without unreasonable inconvenience be carried out, unless the shaft or pipe is removed. CHAPTER X. Water Supply. 1. In this chapter, unless there is anything repugnant in the subject or context,— (a) “communication pipe” means a pipe extending from a municipal main up to and including the municipal stop-cock; (b) “consumer” means any person who uses or is supplied with water from a mu­nicipal water work or on whose application such water is supplied and includes any person liable to the Corporation under the provisions of this Act for the payment of water tax or any sum for the water supplied from a municipal water work; (c) “consumer’s pipe” means a pipe used in connection with the supply of water from any municipal water work and which is not the property of the Corporation; (d) “distributing pipe” means any pipe not subject to water pressure from a municipal water main; (e) “fitting” includes a pipe, coupling, flange, branch, bend, stop, ferrule, stop tap, bib tap, spring tap, pillar tap, globe tap, ball cock, boiler, pump, meter, hydrant and any other apparatus or article used for the purpose of conveying or storing water supplied by the Corporation; (f) “municipal stop cock” means the stop cock which controls the supply of water from a municipal water main; (g) “supply pipe” means the pipe extending from a municipal stop cock up to the ball cock of the storage tank, if any, and any pipe subject to pressure from a municipal water main; Private water supply. 2. (1) Subject to the provisions of sub-rules (2), (3) and (4), supply pipes for con­veying to any premises a private supply of water from a municipal water work shall not be connected with such water work except on the written application or with the written assent of the owner of the premises, or of the person primarily liable for the payment of propertytaxes on the said premises. (2) If it shall appear to the Commissioner that any premises situate within any portion of the City in which a public notice has been given by the Commissioner under clause (b) of sub-section (1) of section 130, are without a supply of pure water obtainable on the premises and adequate to the requirements of the persons usually occupying or employed upon the said premises, the Commissioner may, by written notice, require the owner of the said premises, or the person primarily liable for the payment of property taxes thereon, to obtain a supply adequate as aforesaid from a municipal water works and to provide supply and distributing pipes, cisterns and fittings and do all such works as may in the opinion of the Commissioner be necessary for that purpose. (3) If the written assent of the owner of any premises or of the person primarily liable for the payment of property taxes referred to in sub-rule (1) is withheld from a tenant of such premises who applies for such assent, such tenant may appeal to the Commissioner who shall, if he is satisfied that the assent has been unreasonably withheld and if the provisions of sub-rule (2) are satisfied, give notice as provided therein. (4) The Commissioner may refuse to grant a connection under this rule in respect of any premises if he is satisfied that the arrangements for draining waste water from such premises are inadequate or that the supply of water through communication-pipes is likely to cause such premises to be in an insanitary condition or to create a nuisance, unless such measures as he may direct are carried out for disposing of the waste water or for preventing the creation of insanitary conditions or a nuisance. 3. (1) No connection with any municipal water work shall be made or renewed— (a) except by a municipal officer or servant empowered in that behalf by the Commissioner; and (b) until the certificate specified in sub-rule (4) has been given. (2) In every case where a new connection with a municipal water-work is made or an existing connection is renewed all necessary communication-pipes and fittings thereon shall be supplied by the Commissioner, and the work of laying and applying such communication-pipes and fittings shall be executed by municipal agency under the Commissioner’s orders, but the cost of making or renewing such connection and of all communication-pipes and fittings so supplied and of all work so executed, shall be paid by the person on whose application or for whose premises the connection is made or renewed. (3) Every such new connection or renewed connection with its communication-pipes and fittings shall thereafter vest in the Corporation and be maintained at the charge of the Municipal Fund as a municipal water-work. (4) All supply and distributing pipes and cisterns and fittings not vesting in the Corporation as aforesaid shall be laid and applied under the supervision and to the satisfaction of a municipal officer appointed by the Commissioner in that behalf, who shall give and sign a certificate, free of charge, when such supply and distributing pipes, cisterns and all necessary fittings have been laid, applied and executed in a satisfactory manner and when proper and sufficient arrangements have been made for draining of waste water. (5) Where any supply or distributing pipe, cistern or such fitting is laid, applied, added to or altered, or any connection is made in contravention of this rule the Commissioner may remove such supply or distributing pipe,cistern, fitting or connection, or additions or alterations, thereto, and make good such pipe, cistern, fitting or connection ; and the owner and occupier of the premises in which or for supply to which such supply or distributing pipe, cistern of fitting has been laid, applied added to or altered or such connection has been made, shall be jointly and severally liable to pay the expenses incurred by the Commissioner in so doing. 4. (1) The Commissioner may, by agreement with a consumer, take charge on behalf of the Corporation of all or any of the consumer’s pipes and fittings: Provided that if any of such pipes or fittings are communication-pipe or fittings only not vesting in the Corporation, the Commissioner may, if he thinks fit, take charge of the same without such agreement. (2) Any consumer’s pipes and fittings, of which the Commissioner takes charge under this rule, shall thereafter vest in the Corporation and be maintained at the charge of the Municipal Fund as a municipal water-work. 5. The Commissioner may, if at any time he deems it expendient to alter the position of an exiting connection with any municipal water-work, or of any consumer’s pipe or fitting thereof, and after giving to the owner of such connection, pipe or fitting not less than four days previous notice of his intention so to do, cause the said connection, pipe or, fitting to be moved to such other position as he thinks fit and relaid and applied or others to be laid and applied in lieu thereof, in such position as he may direct ; and in every such case all such work shall be carried out at the expense of the Municipal Fund and such new connection, pipe and fitting shall thereafter vest in the Corporation and be maintained at the charge of the Municipal Fund as a municipal water-work. 6. (1) The Commissioner may, whenever it shall appear to him to be necessary, by writ­ten notice require the owner of any premises furnished with a private water supply from any municipal water-work to provide such premises, within a reasonable period which shall be prescribed in the said notice, with cisterns and fittings of such size, material, quality and description and placed in such position and with such safe and easy means of access as he thinks fit. (2) The Commissioner may also in the like manner require the owner of any premises to provide such safe and easy means of access as he thinks fit to any existing cistern which on an examination under rule 11 is found to be not easily accessible. (3) The Commissioner may, whenever it shall appear to him necessary or expedient to remove any cistern from any premises furnished with a private waters supply, by written notice require the owner of such premises to remove such cistern with all fittings connected therewith from such premises within a period prescribed in the notice. (4) The Commissioner shall also from time to time prescribe the size, materials, qual­ity, description and position of the pipes and fittings to be employed for the purpose of any connection with or of any communication from, any municipal water-work and no such connection or communication shall be made by any person otherwise than as so prescribed. (5) The Commissioner shall likewise prescribe the size, material, quality and de­scription of the pipes, cisterns and fittings to be employed for the purpose of replacing any pipes, cisterns and fittings found on an examination under rule 11 to be so defective that they cannot be effectively repaired. (6) If any connection or communication other than that prescribed in sub-rule (4) is found in or upon any premises it shall be presumed, until the contrary is proved, that such connection or communication was made by or under the direction of or with the permission of the owner of such premises. (7) The Commissioner may issue orders providing for the stamping by municipal agency of all pipes, taps, cocks, fittings and materials to be employed for the purposes of any connection or communication with any municipal waterwork and such orders may provide for the payment of a fee for such stamping and prohibit the use in any of the said connections or communications of any pipes, taps, cocks, fittings or materials other than those so stamped. 7. (1) The Commissioner may, by written notice, require the owner of any premises furnished with a cistern or in respect of which the Commissioner has required a cistern to be furnished, to provide such cistern with a lock and key of such pattern, material and quality as the Commissioner shall in such notice prescribe and may in like manner require any lock or key found to be defective on an inspection under rule 11 to be replaced. (2) Every cistern so provided with a lock shall be kept permanently locked and the key shall then be delivered to the Commissioner. 8. (1) It shall be incumbent on the owner or occupier of any premises to which a private water-supply is furnished from any municipal water-work, to keep in a thoroughly clean condition and to maintain and keep in efficient repair every supply and distributing pipe conveying water from the said water-work to such premises and every meter for measuring water, not being a municipal meter and every cistern and fitting in or connected with any such pipe, so as effectually to prevent the water from running to waste. H-2002–31 (2) When an occupier of any premises is served with a notice under sub-rule (2) of rule 11 he may, after giving to the person to whom he is responsible for the payment of his rent three days’ notice in writing himself have the repairs executed and in such event he shall, unless the terms of the tenancy otherwise expressly provide, be entitled to deduct from any rent due or to become due by him to such person the actual expenses incurred by him in complying with the notice served under sub-rule (2) of rule 11. 9. (1) Where water is supplied by measurement, the Commissioner may either provide a meter and charge the consumer for the same such rent as shall from time to time be prescribed in this behalf by the Standing Committee or may permit the consumer to provide a meter of his own of such size, material and description as the Commissioner shall approve for this purpose. (2) The Commissioner shall at all times keep all meters and other instruments for measuring water, let by him for hire to any person, in proper order for correctly registering the supply of water, and in default of his so doing such person shall not be liable to pay rent for the same during such time as such default continues. (3) (a) Any consumer to whom a meter is let out on hire under sub-rule (1) may apply in writing to the Commissioner at any time to have the meter tested and every such application shall be accompanied by such fee as the Commissioner may from time to time prescribe. (b) Upon receipt of such application and fee the Commissioner shall forthwith issue a notice to the consumer prescribing the time and place for testing such meter and shall cause such meter to be tested at such time and place. (c) If upon such test such meter is found to be incorrect by more than two per cent. the fee paid by the consumer shall be repaid to him and the Commissioner shall cause steps to be taken forthwith for the repair or replacement of the meter. 10. Where water is supplied by measurement, the register of the meter or other instrument for measuring water shall be prima facie evidence of the quantity consumed. Inspection. 11. (1) The Commissioner may make an inspection of any premises to which a private water supply is furnished by the Corporation, in order- (a) to remove, test, examine and replace and meter for measuring water; (b) to examine any supply or distributing pipe, cistern, lock or fitting; or (c) to see if there be any waste or misuse of water. (2) The Commissioner may by written notice, require the owner or occupier of the premises to remedy any defect which shall be found to exist in or to clean any such meter, not being a municipal meter let to him for hire, or any such supply or distributing pipe, cistern, lock or fitting. Cutting off private water-supply. 12. (1) The Commissioner may cut off the connection between any municipal water-work and any premises to which a private water-supply is furnished by the Corporation of turn off the water from such premises in any of the following cases, namely :- (a) in default of payment of any instalment of water-tax or of any sum due for water or hire of meter or expenses of any work done under or by virtue of the provisions of rule 3, 9 or 17 within one month after a notice of demand for such tax or sum has been duly served; (b) if the owner of the premises neglects within the period prescribed in this behalf in any notice given under sub-rule (1), (2) or (3) of rule 6 or under rule 7, to comply with any requisition made to him by the Commissioner regarding the provision of any cistern, fitting, lock or key or any means of access to such cistern or the removal of any cistern; (c) if the owner or occupier of the premises fails, within the period prescribed in this behalf in any notice given under sub-rule (2) of rule 11, to comply with the terms of such notice or fails to use articles of the kind prescribed under sub-rule (5) of rule 6; (d) if after receipt of a written notice from the Commissioner requiring him to refrain from so doing, the owner or occupier of the premises continues :- (i) to use the water, or to permit the same to be used, in contravention of any by-law or of any condition prescribed under sub-section (2) of section 134 or under any other provision of this Act; (ii) when payment for the water is made not by measurement to permit any person not residing on premises in respect of which water-tax is paid or payment for the water supplied is made according to the size of the connection to carry away from such owner’s or occupier’s premises water derived from the municipal water-work; (e) if the owner or occupier of the premises wilfully or negligently injures or damages any meter, pipe, cistern or fitting or lock thereof in such premises; (f) if the owner or occupier of the premises fails to comply with any requisition made on him by the Commissioner under sub-rule (2) or rule 18 to furnish the name of the licensed plumber; (g) if the premises are declared to be unfit for human habitation under the provisions of this Act; (h) if excessive waste of water is taking place within any premises on account of damage to water-mains caused by accident or otherwise; (i) if any communication-pipes or fittings have been laid applied, added to or altered in contravention of the provisions of rule 6: Provided that -- (i) in any case under clause (a) the Commissioner shall not take action unless not less than one month previously a copy of the notice of demand in respect of the tax or sum has been affixed to a conspicuous part of the premises; (ii) in any case falling under clause (b), the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice under sub-rule (1), (2) or (3) of rule 6, or under rule 7, as the case may be, has been affixed to a conspicuous part of the premises; (iii) in other cases the Commissioner shall not take action unless written notice of not less than twenty-four hours has been given to the owner or occupier of the premises. (2) The expense of cutting off the connection or of turning of the water in any such case as aforesaid shall be paid by the owner or occupier of the premises. (3) If any case under clause (a) of sub-rule (1) the tax or sum due is paid within the period stipulated therein by any person or persons in occupation of the premises other than the persons primarily liable for the same, such person or persons shall be entitled to credit therefor in account with the person primarily liable and shall be entitled without prejudice to any other remedy for recovery, to deduct the amount paid from any rent payable to the person primarily liable. 13. (1) No person shall fraudulently— (a) alter the index to any meter or prevent any meter from duly registering the quantity of water supplied ; (b) abstract or use water before it has been registered by a meter set up for the purpose of measuring the same. (2) The existence of artificial means under the control of the consumer for causing any such alteration, prevention, abstraction or use shall be evidence that the consumer has fraudulently affected the same. General Provisions. 14. No person shall wilfully or negligently— (a) injure or suffer to be injured any meter belonging to the Corporation or any of the fittings or any such meter; (b) break, injure or open any lock, seal, cock, valve, pipe work, engine, cistern or fitting appeartining to any municipal water-work; (c) flush or draw off the water from any such water-work, thereby causing such water to be wasted; (d) do any act or suffer any act to be done whereby the water in, or derived from, any municipal water-work shall be wasted; (e) obstruct, divert or in any way injure or alter any water-main or duct; (f) except with the permission of the Commissioner, open, break, injure or tamper with any lock furnished under the provisions of this act; (g) foul or pollute or otherwise render unfit for human consumption the water contained in any municipal water-work. 15. Compensation shall be paid by the offender for any damage which the Corporation sustains by reason or any contravention of rule 13 or rule 14. 16. If it shall be shown that an offence against some provision of this Act or against some rule or by-law relating to water-supply has occured on any premises to which a private supply of water is furnished by the Corporation, the owner, the person primarily liable for the payment of water tax and occupier of the said premises shall be jointly and severally liable for the same. 17. (1) The Commissioner may, if he thinks fit, cause any work described in this Chapter to be executed or any cistern to be supplied with a lock and key by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed or supplied the option of doing or supplying the same. (2) The expenses of any work so done or of supplying such lock and key shall be paid by the person aforesaid, unless the Corporation shall, by a general or special order or resolution, sanction, as it is hereby empowered to sanction, the execution of such work or the supply of such lock and key at the charge of the Muncipal Fund. 18. (1) No person other than a licensed plumber shall execute any work described in this Chapter, other than the provision of a lock and key and no person shall permit any such work to be executed except by a licensed plumber. (2) Every person who employs a licensed plumber to excute any such work shall, when so required, furnish to the Commissioner the name of such plumber. (3) Where any person causes or permits any pipe, cistern or fitting or other work necessary for conveying a private supply of water from a municipal water work into any premises to be laid, applied or executed in contravention or sub-rule (1), he shall in addition to being liable to the penalty prescribed for such contravention, not be entitled to an independent or branch connection until the defects, if any, in such pipe, cistern, fitting or work are removed to the satisfaction of the Commissioner. CHAPTER XI Streets. I. Sky-signs. 1. (1) For the purposes of section 244 the expression “sky-sign” means any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard frame-work or other support, wholly or in part upon or over any land, building, or structure which, or any part of which sky-sign, shall be visible against the sky from some point in any street and includes all and every part of any such post, pole, standard frame-work or other support. It shall also include any balloon, parachute, or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street. (2) A sky-sign shall not include— (a) any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement, announcement or direction ; (b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or to be the ridge of a roof: Provided that such board, frame or other contrivance be of one continous face and not open work, and do not extend in height more than three feet above any part of the wall, or parapet or ridge to, against, or on which it is fixed or supported; (c) any word, letter, model, sign, device,or representation as aforesaid, relating exclusively to the business of a railway administration, and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway administration and so placed that it can not fall into any street or public place; (d) any notice of land or buildings to be sold, or let, placed upon such land or buildings. II. Naming or Numbering of Streets and Numbering of 1[Premises]. 2. (1) The Commissioner may, from time to time— (a) with the sanction of the Corporation, determine the name or number by which any street or any public place vested in the Corporation shall be known; (b) cause to be put up or painted on a conspicuous part of any house at or near each end, corner or entrance to such street and at intervals along such street or on some convenient part of such street, the name or number of such street as so determined; (c) cause to be put up or painted suitable signs or boards indicating the name of any public place vested in the Corporation; (d) determine the number or sub-number by which any premises on part of such premises shall be known; 2[(e) by written notice require the owner of any premises or part thereof either to put up by means of a metal plate a number or sub-number on such premises or part thereof in such position and manner as may be specified in such notice, or to signify in writing his desire that such work shall be executed under the orders of the Commissioner;] Explanation.—The provisions of this sub-rule shall apply to the renewal of the name or number of any street or public place or the number or sub-number of any premises, or part thereof, or the obliteration or defacement of such name or number as it applies to the putting up or painting of such name or number for the first time. (2) (a) No person shall, without the written permission of the Commissioner or without other lawful authority, destroy, remove, deface or in any way injure or alter any such name or number or sub-number 1[or allow or cause any metal plate bearing any number or sub-number to fall into disrepair or otherwise become illegible or put up or paint any name or put up any number or sub-number different from that put up or painted by order of the Commissioner]; (b) No person shall without the written permission of the Commissioner put up or affix any notice or board or advertisement within twelve inches of any name or number of a street or of a number or of a sub-number of any premises or part thereof, and the Commmissioner may cause any such notice, board or advertisement which is affixed or put up without his permission to be removed and the expenses thereof shall be payable by such person. 2[(c) If any person contravenes the provisions of paragraph (a) or (b), he shall, on convinction, be punished with fine which may extend to twenty rupees.] (3) Where a number or sub-number is put up 3[* *] on any premises or part thereof under the orders of the Commissioner in accordance with paragraph (e) of sub-rule (1), the expenses of such work shall be payable by the 4[owner of the premises or part thereof, as the case may be] at such rate as the Commissioner may from time to time fix. 5[Explanation.—In this rule “premises” does not include lands which are not built upon nor does it include only verandahs, fixed platforms, plinths, door steps, walls, compound walls, fencing or the like.] III. Provisions concerning Private Streets. 3. For the purposes of section 218 the Commissioner may call for from the person giving notice under section 217 all or any of the following documents:— (i) correct plans and sections in duplicate of the proposed private street, which shall be drawn to a horizontal scale of not less than one and a half inches to ten feet and shall show thereon the level of the present surface of the ground above some known fixed datum near the same, the level and rate of inclination of the intended new street, the level and inclination of the streets with which it is intended to be connected, and the proportions of the width which are proposed to be laid out as carriage-way and foot-way respectively; (ii) a specification with detailed description of the materials to be employed in the construction of the said street and its footpaths ; (iii) a plan showing the intended lines of drainage of such street and of the buildings proposed to be erected and the intended size, depth, and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains ; (iv) a plan showing each building plot with its dimensions and area and showing open spaces with their dimensions; (v) a scheme accompanied by plans and sections for the laying out into streets, plots and open spaces of the other land of such pesons or of so much of such other land as the Commissioner shall consider necessary. CHAPTER XII. Buildings Regulations and Building Loans. 1. (1) If the notice given and the documents furnished under section 253 or section 254 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, the Commissioner may, at any time within thirty days after receipt of the said documents, by written notice, require the production of such further Particulars and details as he deems necessary. (2) At any time within the said period the Commissioner may also by written notice require the person who has given the notice to open for inspection any portion or portions of the intended foundations or any portion of the intended foundations or walls of an exisitng building. Forms of Notices. 2. The Commissioner shall cause printed forms of notices for the purpose of section 253 or 254 to be delivered to any person requiring the same on payment of such fee for each form as shall from time to time be prescribed in this behalf by the Commissioner with the approval of the Standing Committee. 3. If within thirty days after receipt of any notice under section 253 or 254, or further information, if any, called for under rule 1, the Commissioner does not issue an order under sub-rule (1) or sub-rule (2) of rule 5 or fails to intimate in writing to the person who has given the said notice his disapproval of the building which the said person proposes to erect, or of the work which he proposes to execute. or if, within the said period, the Commissioner signifies in writing to the said person his approval of the said building or work; the said person may, subject to the provisions of sub-rules (3) and (4) of rule 5, at any time within one year from the date of the delivery of the notice to the Commissioner, proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any rule or by-law. 4. (1) If the Commissioner disapproves of any building or work of which notice has been given as aforesaid or of any portion or detail threof, by reason that the same will contravene some provision of this Act or some rule or by-law or will be unsafe, he shall within thirty days of the receipt of the notice or of the plan, section, description or further information, if any, called for under rule 1 by a written notice intimate to the person who gave the notice first hereinbefore in this rule mentioned, his said disapproval and the reason for the same and prescribe terms subject to which the building or work may be proceeded with, or intimate that the work shall not be proceeded with. (2) The person who gave the notice concerning any such building or work may proceed with the same, if expressly permited to do so, subject to the terms prescribed as aforesaid but not otherwise, at any time within one year from the date of receipt by him under sub-rule (1) of the written notice containing express permission to do so in this behalf, but not so as to contravene any of the provisions of this Act or any rule or by-law. 5. (1) Notwithstanding anything contained in rule 3 and 4, if in any case it appears to the Commissioner that public improvements, which may render necessary the acquisition of the site of any building or work or any part of such site, are desirable and expendient, he may by order in writing direct that no further action should be taken in pursuance of a notice given under section 253 or section 254 for a period not exceeding three months from the date or such notice. (2) The Commissioner may issue a like order if in any case it appears to him that any site as aforesaid is likely to be affected by any of the following, namely:- (a) prescribing a regular line of a public street ; (b) prescribing a fresh line in substitution of the existing regular line of a public street; (c) extending or altering a public street ; (d) any scheme for widening or modifying a private street. (3) If, within the said period or three months, the public improvements referred to in sub-rule (1) or any of the matters referred to in sub-rule (2) have been given final effect so as to have the result referred to in sub-rule (1) or sub- rule (2), the notice given under section 253 or section 254 shall be deemed to have lapsed. (4) In any case not covered by sub-rule (3), the notice given under section 253 or sec­tion 254 shall be deemed to have been renewed as on the date on which the period of three months mentioned in sub-rule (1) expired. 6. (1) No person shall commence to erect a new building or to execute any such work as is described in section 254— (a) until he has given notice of his intention, as hereinbefore required, to erect such a building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period prescribed in this behalf in rule 3 or 4: Provided that the provisions of rule 5 shall be taken into accounts in computing such period; (b) untill he has given notice to the City Engineer of the proposed date of com­mencement: Provided that if the commencement does not take place within seven clear days of the date so notified, the notice shall be deemed not to have been given; (c) until he has made such sanitary arrangements as the Commissioner may require for the workmen employed on the work; (d) after the expiry of the period of one year prescribed in rules 3 and 4 respectively for proceeding with the same, or after the expiry of the period of one year from the date of the suspension or stoppage or such work when it is once commenced. (2) If the person who is entitled under rule 3 or 4 to proceed with any building or work, fails so to do within the period of one year prescribed in the said rules, respectively, for pro­ceeding with the same, he may at any subsequent time give fresh notice of his intention to erect such building or execute such work; and thereupon the provisions hereinbefore contained shall apply as if such fresh notice were a first notice of such person’s intention. Provisions as to structure, materials, etc. 7. With respect to buildings which are to be newly erected the following provisions in addition to the provisions of the by-laws for the time being in force shall have effect, namely:- (a) the erection of any such building on either side of a new street may be dis­approved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner; (b) the erection of any such building in any part of the City in which the position and the direction of the streets likely to be required in future have not yet been laid down or determined or in which it is deemed expedient to lay out a public street under section 205, shall, with the assent of the Standing Committee, be disapproved by the Commissioner, unless the site proposed for such building is, in the opinion of the Commissioner, such as, with reference to the positions occupied by the buildings, if any, already existing in the neighbourhood, will admit of the construction in the future of one or more new streets convenient for the occupiers of all the buildings in the neighbourhood and for the purposes of drainage, water supply and ventilation: Provided that any person whose building is so disapproved may, by written notice to the Commissioner, require that the position and direction of the future street or of the proposed public street under section 205 in the vicinity of his intended building be forthwith laid down and determined and if such requisition be not complied with within six months from the date thereof, may, subject to all other provisions of the Act and the rules applicable thereto, proceed with the erection of the building; (c) the erection of any such building in any part of the City may be disapproved by the Commissioner if such building or any portion thereof copies within the line of any street the position and direction of which has been laid down by the Commissioner, with the approval of the Standing Committee, but which has not been actually constructed, or within the regular line up a new public street or of the extension of an existing public street which the Commissioner has been authorised to lay out under section 205; (d) the foundation of any such building shall not be constructed on any site which has been filled up with, or has been used as a place for depositing, excrementitious matter or the carecasses of dead animals or other filthy or offensive matter, until such matter shall have been properly removed or rendered innocuous to the satisfaction of the Commissioner; (e) the sub-soil of the site of a building shall, whenever the dampness or position of the site renders the precaution necessary, be effectually drained and the Commissioner may require such measures to be taken as will effectually protect the building from damp arising from the sub-soil. 8. (1) Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, or are by any cause rendered inadequate he may, by written notice, require the owner or occupier of the building to alter or reconstruct any existing staircase, lobby, passage or landing in such manner and with such materials or to provide such additional or emergency staircase or exits as he may prescribe. (2) Every staircase, landing or common passage of every building on each floor shall be kept free from obstruction, and no person shall permit any article to remain in any staircase, landing or common passage of any building in such a manner as may impede the passage of persons into, through and out of the said building. (3) The existance of any article in any such staircase, landing or a common passage in any building shall be prima facie evidence that it was placed or permitted to remain therein by the owner or occupier of the building. Inspection and occupation of buildings after completion. 9. For the purpose of section 263- (a) inspection shall be commenced within seven days from the date of receipt of the notice of completion, and (b) the Commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or in the absence of such address, affixed to a conspicuous part of the building to which such notice relates:- (i) give permission for the occuption of such building or for the use of the building or part thereof affected by such work, or (ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provisions of this Act or of the rules or by-laws, or H-2002–32 (iii) refuse such permission until a private street or other means of access to such building fixed and determined under section 220 has been properly constructed and approved by the Commissioner; (iv) refuse such permission unless the site of the building, or adjacent sites, as the case may be, are properly cleansed by the removal of all surplus building materials, debris, earth, rubbish and the tools used for building purposes. 10. No person shall, without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission— (a) use or permit to be used for human habitation any part of a building not originally constructed or authorised to be used for that purpose; (b) convert into, or use, or permit to be used, as a chawl or building intended to form a range of separate rooms for lodgers, a building not originally designed or authorised to be so used; (c) use or permit to be used any building or part of a building originally constructed or authorised to be used for human habitation as a godown, warehouse, workshop, factory, stable, motor-garage, shop, stall, market or bazaar; (d) make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human habitation for the purposes of using it or causing it to be used as a godown, warehouse, workshop, workplace, factory, stable, motor-garage, shop, stall, market or bazaar; (e) use or permit to be used as a godown, warehouse, work-shop, work-place, factory, stable, motor-garage, shop, stall, market or bazaar any building or part of a building not originally constructed or authorised to be used for any such purpose respectively. Explanation.- “Chawl” shall mean a building consisting of two or more tenements having common sanitary and other amenities. If any question arises whether any building is a chawl, the decision of the Commissioner shall be final. 11. No person shall make any alteration whatsoever in an existing building if the result of such alteration is that the requirements of this Act or of the rules or by-laws are contravened, notwithstanding that such alteration in itself does not require the permission or sanction of any authority under this Act. 12. (1) No external wall and no covering of a roof built or renewed since the appointed day shall, except with the written permission of the Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other inflammable material. (2) If any external wall or covering of a roof is or has been, before the appointed day constructed of any such material, the Commissioner may by written notice, require the owner or occupier of the building to which such wall or roof appertains to remove such wall or covering. (3) Where permission is given under sub-rule (1) or where any wall or roof is not required to be removed under sub-rule (2) the Commissioner may by order in writing require such precautions to be taken as he may specify against danger from fire. 13. Where any staircase, passage or private court of or in a building divided into two or more separate tenements or the spaces near or leading to latrines or urinals or washing places therein are without any means of lighting at night time and of extinguishing such light or if the Commissioner is of opinion that the existing means of lighting a stairecase, passage or private court of or in any such building or the spaces near or leading to latrines or urinals or washing places therein available for the persons occupying or employed in such building or the means of extinguishing any such light are insufficient the Commissioner 1[may, at the request of the occupants of such building or of his own motion, by written notice, require the owner] of such building— (a) to provide, fit up and maintain such or such additional means of lighting the staircase, passage or private court or the spaces near or leading to latrines or urinals or washing places as he may prescribe and keep them lighted until such time as he may specify in the notice; (b) to provide the necessary lamps, brackets and the necessary supply of gas, elec­tricity or any other means of lighting and all means of extinguishing any lights, which he is required to provide; (c) to substitute for any existing means of lighting and extinguishing lights such other means of lighting of extinguishing lights, as he may prescribe. 1[13A. Notwithstanding anything contained in rule 13, in the case of a building to which rule 13 applies, the Commissioner may, at the request of the occupants of such building, make provisions in such building for all or any of the matters specified in clauses (a), (b) and (c) of rule 13, from the fund of the Corporation and recover the whole of the expenses incurred by him in making any such provision or such part thereof as he thinks proper, from the occupants of such building as he may determine: Provided that the Commissioner shall not commence any work connected with the making of such provision until the occupants of the building have deposited with the Commissioner such amount as he may direct.] 14. Any municipal officer or servant authorised by the Commissioner in this behalf may at any time between sunrise and sunset or up to 10 p. m. by night without notice enter any building for the purpose of ascertaining whether there is any contravention of the terms of any notice given under rule 13. Building Loans. 15. (1) Subject to the provisions of this Act, the Commissioner may, with previous sanction of the Standing Committee, advance loans to persons or bodies of persons— (a) constructing or altering or undertaking to construct or alter buildings intended for the poorer sections of the community. (b) carrying out or undertaking to carry out repairs to such buildings in cases where the Commissioner considers that, having regard to the cost of those repairs or the financial position of the applicant, it is reasonable to give such assistance. (2) Persons or bodies of persons desiring assistance by way of such advances may make an application to the Commissioner in such form as may be prescribed for a loan to be advanced by way of a mortgage on the security of the building to be so constructed, altered or repaired, and the Commissioner may after making such inquiry as he thinks necessary, and subject to the conditions mentioned in sub-rule (3) and such other conditions as the Corporation may prescribe advance such loan. (3) Every such loan shall be subject to the following among other conditions:- (a) that the building in respect of which the loan is to be advanced will when the construction, alteration of repair has been completed be in all respects fit for human habitation and shall be used wholly or mainly for residential purposes; (b) that the period within which the loan shall be repayable shall not exceed thirty years from the date the completion of the construction, alteration or repair of the building; (c) that the amount of the loan shall not exceed sixty per cent. of the cost of the construction, alteration or repair of the building (including outhouses and other works, if any, connected therewith) irrespective of the period of repayment; (d) that the aggregate amount of the loan shall not exceed ten thousand rupees in the case of any one person or body of persons; (e) that the amount of the loan with interest thereon shall be secured by a mortgage of the building (including outhouses and other works, if any, connected therewith) to­gether with the site on which they are erected in favour of the Corporation containing such covenants and conditions as may be prescribed; (f) that, where the property intended to be mortgaged includes a leasehold interest, no loan shall be made unless that interest is a term of years absolute whereof a period of not less than ten years in excess of the period for repayment of the loan remains unexpired at the date of the loan. 15A. (1) The Commissioner, for the purpose of section 284F may with the previous approval of the Standing Committee promote formation or extension of or, subject to the provisions of this Act, assist a housing association. (2) Where a housing association is desirous of erecting dwellings for the poorer classes, the Commissioner may for this purpose with the previous approval of the Standing Committee acquire land with a view to selling or leasing it to the association and the provisions of section 284K shall apply to such acquisition. (3) The Commissioner may, for the assistance of a housing association with the previous approval of the Standing Committee, make grants of loans to the association on such terms and subject to such conditions as to rate of interest and repayment or otherwise and on such security as the Standing Committee may stipulate; or give grants to the association. Explanation.—For the purpose of this rule “a housing association” means a society including a co-operative housing society or body of trustees or a company, established, for the purpose of or amongst whose objects or powers are included constructing, improving or managing or facilitating or encouraging construction or improvement of, houses for the poorer classes, being a society, body of trustees or company not trading for profit.] CHAPTER XIII Powers of Fire-Brigade Officers. On the occasion of a fire the Chief or any other officer in charge of the fire-brigade may do all or any of the following acts:— (a) remove, or order any fireman or other officer or person under his command to remove any persons who interfere by their presence with the operations of the fire-brigade; (b) take generally any measures that appear expedient for the protection of life and property, with power, by himself or by the persons under his command, to break into or through or take possession of, or pull down any premises for the purpose of putting an end to or limiting the spread of such fire, doing as little damage as possible; (c) cause the water to be shut off from the mains and pipes of any area in order to give a greater supply and preasure of water in the area in which the fire has occurred and utilize the water of any stream, tank, cistern, well or tank available for the purpose of extinguishing or limiting the spread of such fire; (d) close any street or passage in or near the site of the fire; (e) give orders for the rendering of such assistance as he may deem advisable by the person in charge of any fire engine; (f) use any premises for the passage of any house or other appliance; (g) take generally any measures that may appear necessary or expedient for the protection of life or property. CHAPTER XIV. Sanitary Provisions. Scavenging and Cleansing. 1. (1) It shall be incumbent on the owners and occupiers of all premises to cause all dust, ashes, refuse, rubbish and trade refuse to be collected from their respective premises and to be deposited at such times in such manner and with such precautions as the Commissioner, by public notice, from time to time determines in the public receptacle, depot or place provided or appointed under section 292 for the temporary deposit or final disposal thereof: Provided that the Commissioner may, if he thinks fit, by written notice require the occupier and owner of any premises or either of them to cause all dust, ashes, refuse and rubbish, but not trade refuse, to be collected daily, of otherwise periodically from the said premises and deposited temporarily upon any place forming the part of the said premises which the Commissioner appoints in this behalf, and it shall be incumbent on the said occupier and owner or either of them to cause the said matters to be collected and deposited accordingly. (2) If shall be incumbent on the owners of all premises to provide receptacles of a size and material to be prescribed by the Commissioner in such number and retained in such positions as the Commissioner may from time to time by written notice direct for the collection therein of all dust, ashes, refuse, rubbish and trade refuse to be collected from such premises and to keep such receptacles at all times in good repair and condition. (3) It shall also be incumbent on the owners and occupiers or either of them of all prem­ises, when required by the Commissioner by written notice so to do, to employ servants for the purpose of carrying out and complying with the requirements of sub-rule (1). 2. It shall be incumbent on the occupier of any premises situate in any portion of the city, for which the Commissioner has not given a public notice under clause (a) of sub-section (1) of section 131 and in which there is not a water-closet or privy connected with a municipal drain, to cause all excrementitious and polluted matter accumulating upon his premises to be collected and to be conveyed to the nearest receptacle or depot provided for this purpose, under close (d) of section 292, at such times, in such vehicle or vessel, by such route and with such precautions, as the Commissioner by public notice from time to time specifies. 3. No person — (a) who is bound under rule 1 or rule 2, to cause the removal of dust, ashes, refuse, rubbish and trade refuse or of excrementitious or polluted matter, shall allow the same to accumulate on his premises for more than twenty-four hours or shall keep the same otherwise than in a proper receptacle or neglect to cause the same to be removed to the depot, receptacle or place provided or appointed for the purpose; (b) shall remove any dust, ashes, refuse, rubbish or trade refuse or any excrementitious or polluted matter, otherwise than in confirmity with the requirements of any public or written notice for the time being in force under rule 1 or use for the removal of any excrementitious or polluted matter any vehicle or vessel not having a covering proper for preventing the escape of any portion of the contents thereof or of the stench therefrom; (c) shall, whilst engaged in the removal of any dust, ashes, refuse, rubbish or trade refuse, or of any excrementitous or polluted matter, fail forthwith thoroughly to sweep and cleanse the spot in any street upon which during removal, any portion thereof may fall and entirely to remove the sweepings; (d) shall place or set down in any street any vehicle or vessel for the removal of excrementitious or polluted matter, or suffer the same to remain in any street for any greater length of time than is resonably necessary; (e) shall throw or place any dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, on any street, or in any place not provided or appointed for this purpose under section 292 or rule 1 ; (f) who is the owner or occupier of any building or land, shall allow any filthy matter to flow, soak or be thrown therefrom, or keep or suffer to be kept therein or thereupon, anything so as to be a nuisance to any person, or negligently suffer any privy-receptacle or other receptacle or place for the deposit of filthy matter or rubbish on his premises to be in such a state as to be offensive or injurious to health. 4. If it shall in any case be shown that dust, ashes, refuse, rubbish or trade refuse or any excrementitious or polluted matter, has or have been thrown or placed in any street or place, in contravention of 1[clause (e)] of rule 3 from some building or land, it shall be presumed, until the contrary is proved, that the said offence has been committed by the occupier of the said building or land. 5. (1) If any person who is bound under rule 1 to cause the collection and deposit of dust, ashes, refuse, rubbish and trade refuse or under rule 2 to cause the collection and removal of excrementitious and polluted matter shall allow the same to accumulate on his premises for more than twenty four hour or shall keep the same otherwise than in a proper receptalce or shall neglect to cause the same to be removed to the receptacle, depot, or place provided or appointed for the purpose, the Commissioner, may, in addition to the institution of any proceeding provided for in this Act, by written notice require such person to collect forthwith all such dust, ashes, refuse, rubbish and trade refuse or excrementitious or polluted matter accumulated thereon and remove the same forthwith in the manner and to the place provided by or under this Act. (2) If such person shall fail to comply with the notice given under sub-rule (1), the Commissioner may cause the dust, ashes, refuse, rubbish, and trade refuse or excrementitious or polluted matter, accumulated in such premises to be romoved and such charge as the Commissioner may, with the sanction of the Standing Committee fix shall be paid by such person towards the cost of removal. 6. The Commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises in such terms as to time, and period of removal and other matters as may seem suitable to the Commissioner, and on payment of fees at such rate as the Corporation may determine. 2[6A. (1) It shall be incumbent on the owner of a private street to take measures for securing the daily surface cleansing of such street and the removal of the sweepings therefrom. (2) If in respect of any private street it appears to the Commissioner that the daily surface-cleansing thereof is being neglected, the Commissioner may, in addition to the institution of any proceedings provided for in this Act, by written notice require the owner thereof to cause the street to be cleaned. (3) If the owner shall fail to comply with the notice given under sub-rule (2), the Commissioner may cause the surface of the street to be cleaned and such charge as the Commissioner may with the sanction of the Standing Committee fix shall be paid by the owner towards the cost of cleansing the surface of the street. (4) The Commissioner may with the sanction of the Standing Committee contract with the owner of a private street to daily cleanse the surface of the street on such terms as to time, payment of charges therefor and other matters as may seem suitable to the Commissioner.] Inspection and Sanitary Regulation of Premises. 7. If it shall appear, to the Commissioner that any tiles, stones, rafters, building materials, or debris of building materials are stored or collected in or upon any premises without the written permission of the Commissioner in such quantity or bulk or in such a way as to constitute a harbourage or breeding place for rates or other vermin or otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof, the Commissioner may, by written notice, require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same, as shall in the opinion of the Commissioner be necessary or expedient to abate the nuisance or prevent a recurrence thereof. 8. Where it appears to the Commissioner that any building or part thereof, used for the storage of goods is used in such manner as to afford harbourage to rats, mice, or other animals susceptible to plague or other vermin, he may require the owner or occupier by written notice to take such steps for the destruction of the rats, mice or other animals or other vermin as are specified in the notice or to carry out such works as will render the walls and flowers of such building or part of a building proof against such infestation. 9. If any premises, by reason of abandonment or disputed ownership or any other reason, remain untenanted or unoccupied and thereby become a resort of disorderly persons or, in the opinion of the Commissioner, a nuisance, the Commissioner, after such inquiry as he deems necessary, may give written notice to the owner of such premises, if he be known and resident within the City, or to any person who is known or believed to claim to be the owner, if such person is resident within the City, and shall also affix a copy of the said notice on some conspicuous part of the said premises, requiring all persons having any right of property or interest therein to take such order with the said premises as shall in the opinion of the Commissioner be necessary to prevent the same from being resorted to as aforesaid or from continuing to be a nuisance. 10. (1) If it shall appear to the Commissioner that any premises are overgrown with rank and noisome vegetation or trees or undergrowth injurious to health or offensive to neighbouring inhabitatants or are otherwise in an unwholesome or filthy condition or, by reason of their not being properly enclosed, are resorted to by the public for purpose of nature, or are otherwise a nuisance to the neighbouring inhabitatants, the Commissioner may by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same or, with the approval of the Standing Committee, may require him to take such other order with the same as the Commissioner thinks necessary. (2) If it shall appear to the Commissioner that any private street is overgrown with rank and noisome vegetation or is otherwise in an unwholesome or filthy condition the Commissioner may by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to cleanse or clear the same, or with the approval of the Standing Committee require them to take such other order with the same as the Commissioner may think necessary: Provided that nothing herein contained shall affect the provisions of section 290. (3) In so far as the unwholesome or filthy condition of such premises or such street or such nuisance as above mentioned is caused by the discharge from or by any defect in the municipal drains or appliances connected therewith, it shall be incumbent on the Commissioner to cleanse such premises or such street. 11. (1) If it shall appear to the Commissioner that any building or any part of a building is in such a state as to constitute a nuisance or to be likely to give rise to one by reason of rain water leaking from its roof or any part or its roof, or by reason of dampness ris­ing through its ground floor surface or through its walls, the Commissioner may, by notice in writing, require the owner of such buildings to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice. (2) If at any time thereafter the Commissioner is of opinion that such a nuisance may recur he may, notwithstanding that the original nuisance may have been abated by the owner of the building under sub-rule (1), give a further notice in writing to the said owner requiring him to abate the probable recurrence of the nuisance within the time and in the manner specified in the notice. (3) If the owner of the building by whose act, default or sufference such nuisance has arisen or continues is unknown or cannot be found, the Commissioner may take such measures or cause such work to be executed or such things to be done, as shall in his opinion be necessary to abate such nuisance and to prevent its recurrence. 12. (1) The owner of a building shall, within a period of seven days after receipt of a written notice from the Commissioner, sign and give a certificate of the following particulars with respect to such building or any part thereof:– (a) the total number of rooms in the building, (b) the length, breadth and height of each room, and (c) the name of the person to whom he has let the building or each part of the building occupied as a separate tenement. (2) The occupier of a building or of any part of a building occupied as a separate tenement shall, on like notice, and within the like period, sign and give a certificate of the following particulars with respect to such building or part of such building as aforesaid which is in his occupation : (a) the total number of persons dwelling in the building or any part of it, (b) the manner of use of each room by day and by night, and (c) the number, sex and age of the occupants of each room used for sleeping. 13. (1) If at any time it shall appear to the Commissioner that any chimney of a kitchen in a dwelling house is in such a state as to constitute a nuisance by reason of smoke emitted from it, the Commissioner may by notice in writing require the owner of such building to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice. (2) If at any time it shall appear to the Commissioner that in any dwelling house the smoke from the kitchen constitutes a nuisance for want of provision of any chimney the Commissioner may by notice in writing require the owner to take such measures and do such acts for abating the nuisance as may be specified in the notice. (3) If the owner of the building by whose act, default or sufference such nuisance has arisen or continues is unknown or cannot be found, the Commissioner may take such measures or cause such work to be executed or such things to be done as shall in his opinion be necessary to abate such nuisance and to prevent its recurrence. 14. If in the opinion of the Commissioner the storage, dumping or deposit in any building or land of coal, charcoal, ashes, cinders, gunny bags, wool, cotten, or any material, or the sifting, breaking, cutting or burning of such coal, charcoal, ashes, cinders or material subjecting the same to any process causes or is likely to cause nuisance to the inhabitants in the neighbourhood of such building or land, by the emanation of dust, floating particles, smoke, unwholesome smell or noise or otherwise, he may, by notice, require the owner or occupier of such building or land to take such steps as may be specified in the notice for the abatement of such nuisance. 15. (1) For the purpose of this rule, a nuisance shall include— (a) any pool, swamp, ditch, tank, well, pond,quarry-hole, drain, water course or any collection of water; (b) any cistern or other receptacle for water or any article or thing capable or collecting rain water during the monsoon season, whether within or outside a building; (c) any land on which water accumulates or is likely to accumulate; or (d) any premises or any part of any premises occupied, or unoccupied, or under construction, reconstruction or demolition, which in the opinion of the Commissioner is, or is likely to become, a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (40) or section 2. (2) The Commissioer may, by notice in writing, require the person by whose act, default or sufference a nuisance arises, exists or continues, or is likely to arise, and the owner, lesses and occupier of the land, building or premises on which the nuisance arises, exists or con­tinues or is likely to arise or any one or more of sush person, owner, lessee, and occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and within such period of time as the Commissioner shall prescribe in such notice. (3) The Commissioner may also by any notice under sub-rule (2) or by another notice, served on such person, owner, lessee and occupier, or on any one or more of them require them, or any one or more of them to take all steps requisite or necessary to prevent a recurrence or the nuisance and may, if he thinks it desirable, specify and work to be executed or measures to be carried out for that purpose and may serve any such further notice notwithstandig that the nuisance may have been abated or removed if he considers that it is likely to recur: Provided that if at any time within four months from the date of the service of any such notice, the nuisance recurs through the failure of the person or persons upon whom such notice has been served to comply with the requirements contained in such notice, such person or persons shall be liable without any further notice to the penalties provided for offences under this rule. (4) Where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction, or demolition of any premises, or any part of any premises, the Commissioner may, in addition to serving any notice or any one or more of the persons mentioned in sub-rule (2), serve any such notice on any architect, surveyor, contractor or other person employed to carry out such work of construction, reconstruction or demolition and also on any sub-contractor employed by such contractor or other person, or any one or more of such contractor, person and sub-contractor. (5) The Commissioner may, by notice in writing, require any person, owner, lessee and occupier, or any one or more of them, to provide, a ladder or ladders (either fixed or mov­able) for the purpose of inspection of roof gutters by the municipal staff, if such gutters in any premises are likely to become a breeding place of mosquitoes due to the accumulation of water. (6) If any person who, by a requisition made under sub-rule (2) or sub-rule (3), is required to fill up, cover over or drain off a well, delivers to the Commissioner, within the time prescribed for compliance therewith, written objections to such requisition, the Com­missioner shall report such objections to the Standing Committee and shall make further inquiry into the case, and he shall not institute any procseution under section 481 for failure to comply with such requisition except with the approval of the Standing Committee, but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance, proceeded in accordance with section 479 and, pending the Standing Committee’s disposal of the question whether the said well shall be permanently filled up, covered over or otherwise dealt with, may cause such well to be securely covered over so as to prevent the ingress of mosquitoes, and in every such case the Commissioner shall determine, with the approval of the Standing Committee, whether the expenses of any work already done as aforsaid shall be paid by such person, or by the Commissioner out of the Municipal Fund or shall be hared, and, if so, in what proportions. H-2002–33 16. (1) No new well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission in writing of the Commissioner. (2) If any such work is begun or completed without such permission, the Com­missioner 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 Commissioner shall prescribe, or (b) grant written permission or retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-rule (1). 17. (1) If the Commissioner is of opinion that any tank, pond, well, hole, stream, dam, bank or other place is, for want of sufficient repair, protection or enclosure, dangerous to passersby, or to persons living in the neighbourhood, he may be written notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom. (2) If in the opinion of the Commmissioner immediate action is necessary he may himself, before giving such notice or before the period of notice expires, take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be paid by the owner. 18. (1) The Commissioner may by written notice require the owner of, or person having control over, any private watercourse, spring, tank, well or other place the water of which is used for drinking, bathing or washing clothes to keep the same in good repair, to cleanse it in such manner as the Commissioner may direct and to protect in from pollution caused by surface drainage or other matter in such manner as may be provided in the notice. (2) If the water of any private tank, well, or other place which is used for drinking, bathing or washing clothes, as the case may be is proved to the satisfaction of the Commissioner to be unfit for that purpose, the Commissioner may by notice require the owner or person having control thereof to– (a) refrain from using or permitting use of such water, or (b) close or fill up such place or enclose it with a substantial wall or fence. 19. If it appears to the Commissioner that any public well or receptacle of stagnant water is likely to be injurious to health or offensive to the neighbourhood, he shall cause the same to be cleansed, drained, or filled up. 20. If, in the opinion of the Commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to Persons residing in or having lawful access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may, with the approval of the Standing Committee, by written notice require the owner of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place, or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.