Prohibition of cultivation of crop or use of manure or irrigation injurious to health.

The Jammu and Kashmir Municipal Act, 2000

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Statutory text

(1) If the Health Officer certifies that the cultivation of any description of crop or the use of any kind of manure or the irrigation of land in any specified manner:––
- (a) in any place within the limits of any municipal area is injurious or facilitates practices which are injurious to the health of person dwelling in the neighbourhood ; or
- (b) in any place within or beyond the limits of any municipal area is likely to contaminate the water-supply of such municipality or otherwise render it unfit for drinking purposes ; the municipality may prohibit the cultivation of such crop, the use of such manure or the employment of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent such injury or contamination : Provided that if it is notified by the Government that the cultivation of such crop, the use of such manure, or the employment of such method of irrigation is prohibited, or conditions are imposed with respect thereto, the municipality shall be deemed to have ordered such prohibition, or impose such conditions and shall issue notice, in accordance with the notification : Provided also that, when on any land to which such prohibition applies the act prohibited has been practised during the five years next preceding the prohibition, the ordinary course of husbandry, compensation shall be paid from the municipal fund to all persons interested therein for any damage caused to them by the effect of such prohibition.
(2) Should any person fail within six months from the date of its service to comply with a prohibitory notice issued under sub-section (1), he shall be punishable with a fine which shall not be less than one hundred rupees and more than two hundred rupees and with a further fine of fifty rupees for every day during which the offence is continued.

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