Chapter XIX NUISANCES

Precautions in case of dangerous structures.—

1. (1) Where any structure is deemed by the Secretary to be in a ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures, the Secretary may by notice require the owner or occupier of such structure to fence off, take down, secure, demolish or repair the same so as to prevent any danger therefrom.
2. (2) Where immediate action is necessary, the Secretary shall, before giving such notice or before the period of such notice expires, cause to fence off, take down, secure, demolish or repair such structures, or fence off a part of any street or take such temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner or occupier in the manner provided in section 538.
3. (3) Where in the opinion of the Secretary the said structure is imminently dangerous to the inmates thereof, the Secretary shall order the immediate evacuation thereof, and any person disobeying the order may cause to be removed if necessary, with the assistance by a police officer.

PRECAUTIONS IN CASE OF DANGEROUS TREES.—

1. (1) Where any tree or any branch of a tree or the fruits of any tree deemed by the Secretary to be likely to fall and thereby endanger any person or any structure, the Secretary may, by notice, require the owner of the said tree to secure, lop or cut down the said tree or any branch thereof so as to prevent any danger therefrom.
2. (2) Where immediate action is necessary, the Secretary shall before giving such notice or before the period of such notice expires cause to secure, lop or cut down the said tree or branch thereof or remove the fruits thereof or fence off a part of any street or take such other temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner of the tree in the manner provided in section 538.

PRECAUTIONS IN CASE OF DANGEROUS TANKS, WELLS, HOLES ETC.—

1. (1) Where any tank, pond, well, hole, stream, dam, bank or other place appears to the Secretary to be, for want of sufficient repair, protection or enclosure, dangerous to the passer-by or to persons living in the neighbourhood, the Secretary may by notice, require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
2. (2) Where immediate action is necessary, the Secretary shall, before giving such notice or before the period of notice expires, cause to take such temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner in the manner provided in section 538.

POWER TO STOP DANGEROUS QUARRYING.— Where in the opinion of the Secretary, 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 legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Secretary may, by notice, require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or make such order as he deems necessary for the purpose of preventing danger or abating the nuisance arise or likely to arise from such quarry or place.

PRECAUTIONS AGAINST FIRE.—

1. (1) The Secretary may. by notice, require the owner of any structure, booth or tent partly or entirely composed of or having any external roof, verandah, pandal or wall partly or entirely composed of cloth, grass, leaves, mats, or other highly inflammable materials to remove or alter such tent, booth, structure, roof, verandah, pandal or wall, or may grant him permission to retain the same on such conditions as the Secretary may think necessary to prevent danger from fire.
2. (2) The Secretary may, by notice, require any person using any place for the storage for private use of timber firewood, or other combustible things to take special steps to guard against danger from fire.
3. (3) Where the Secretary is of opinion that the means of egress from any building are insufficient to allow safe exit in the event of fire he may, with the sanction of the Council, by notice, require the owner or occupier of the building to alter or reconstruct any staircase in such manner or to provide such additional or emergency staircases as he may direct and where any building, booth or tent is used for purposes of public entertainment, he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exits so placed and maintained as readily to afford the audience ample means of safe egress, that the seating be so arranged as not to interfere with free access to the exits and that gangway, passages and staircases leading to the exits shall during the presence of the public be kept clear of obstructions.

PROHIBITION OF CONSTRUCTION OF WELLS, TANKS, ETC., WITHOUT THE

PERMISSION OF THE SECRETARY.—

1. (1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the Secretary.
2. (2) The Secretary may grant permission subject to such conditions as he may deem necessary, or may, for reasons to be recorded in writing, refuse it.
3. (3) Where any such work is begun or completed without such permission, the Secretary may either-
   • (a) by notice, require the owner or other person who has done such work to fill up or demolish such work in such manner as the Secretary directs; or
   • (b) grant permission to retain such work:

Filling in pools, etc., which are sources of nuisance Filling in pools, etc., which are sources of nuisance.—

1. (1) Where, in the opinion of the Secretary-
   • (a) any pool, ditch, tank, well, pond, bog, swamp, quarry, hole, drain, cess pool, watercourse or any collection of water; or
   • (b) any land on which water may at any time accumulate, is likely to become a breeding place of mosquitoes or in other respect a source of nuisance, the Secretary may, by notice, require the owner or person having control thereof to fill in, cover over, demolish, weed and stock with larvicidal fish, petrolize, drain-off the same in such manner and with such materials as the Secretary directs and or make such order for removing or abating the nuisance.
2. (2) Where a person on whom a requisition is made under sub-section (1) to fill in, cover over, or drain of a well, delivers to the Secretary, within the time specified for compliance therewith, written objections to such requisition, the Secretary shall report such objections to the Council, and shall make further inquiry in to the case, and he shall not institute any prosecution for failure to comply with such requisition except with the approval of the Council, but the Secretary may, nevertheless, if he deems the execution of the work called for by such requisition to be of urgent nature proceed in accordance with section 533 and pending the Council's disposal of the question whether the said well shall be permanently filled in, 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 Secretary shall determine with the approval of the Council whether the expenses of any work already done as aforesaid shall be paid by such owner or by the Secretary out of the municipal fund or shall be shared and if so, in what proportion.

REGULATION OR PROHIBITION OF CERTAIN KINDS OF CULTIVATIONS.— A Municipality may, on a report of the Director of Health Services, the health officer of the Municipality or the local medical officer appointed by the Government that the cultivation of any description of crop or the use of any kind of manure or the irrigation of any land in any place within the municipal area is in injurious to the public health, with the previous sanction of the Government, by public notice, regulate or prohibit the cultivation, the use of manure or irrigation of reported to be injurious: Provided that where such cultivation or irrigation has been practised during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons affected for any damage caused to them by absolute prohibition.

CLEANING OF INSANITARY PRIVATE TANK OR WELL, THE WATER OF WHICH IS USED FOR DRINKING ETC.—

1. (1) The Secretary may, by notice, require the owner or person having control over any private water course, 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 and to cleanse it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as he may think fit.
2. (2) Where the water of any place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the Secretary to be unfit for the said purpose, the Secretary may, by notice, require the owner or person having control thereof to—
   • (a) refrain from using or permitting the use of such water; or
   • (b) close or fill in such place or enclose it with a substantial wall or fence.

DUTY OF MUNICIPALITY IN RESPECT OF PUBLIC WELLS AND POOLS.— The Municipality shall keep and maintain in a clean condition all wells, ponds and reservoirs which are not in private property and operate it in a manner useful to the public.

PUBLIC WELLS, ETC., OPEN TO ALL.— All wells, tanks and reservoirs maintained by a Municipality shall be open to use and enjoyment by all members of the public.

PROHIBITION OR REGULATION OF WASHING OF ANIMALS OR CLOTHES OR FISHING OR DRINKING IN PUBLIC WATER COURSES, TANKS, ETC.— A Municipality may, in the interests of public health, regulate or prohibit washing of animals, clothes or other things or fishing in any public spring, tank, well, public water course or part thereof within the municipal area and may set apart any such place for drinking or for bathing or for washing clothes or animals, respectively, or for any other specified purpose.

PROVISION OF PUBLIC WASH HOUSES.—

1. (1) A Municipality may construct or provide and maintain public wash houses or places for the washing of clothes and may require the payment of such rents and fees for the use of any such wash house or place as it may determine.
2. (2) A Municipality may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as it may think fit.
3. (3) Where sufficient number of public wash houses or places are not maintained under sub-section (1), the Municipality may, without making any charge therefor, specify suitable places for the exercise by washermen of their calling.

Prohibition of washing by washermen at unauthorised places.—

1. (1) The Secretary may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, within the municipal area, except at-
   • (a) public wash houses and places maintained or provided under section 423, or
   • (b) such other places as it may specify for the purpose.
2. (2) Where any such prohibition has been imposed, no person who is by calling, a washermen shall, in contravention of such prohibition, wash clothes except for himself or for personal and family service or for hire on and within the premises of the hirer at any place within the municipal area other than a public wash house or place maintained, provided or specified under section 423.

Prohibition of defiling of water of tanks, etc., whether public or private.— It shall not be lawful for any person to-

1. (a) bathe in or in any other manner defile the water specially kept in any place by the Municipality for by any owner or drinking; or
2. (aa) defile the water kept for bathing in any manner, or
3. (b) deposit any offensive or deleterious matter in the dry bed of any place set apart for drinking purposes; or
4. (c) wash clothes in any place set apart for drinking or bathing; or
5. (d) wash any animal or any cooking untensils or wool, skin or other foul or offensive substances or deposit any offensive or deleterious matter in any place set apart for bathing or washing clothes; or
6. (e) cause or suffer to drain into or upon any place set apart as aforesaid for drinking, bathing or washing clothes or cause or suffer anything to be brought there into or do anything whereby the water may be fouled or corrupted.

UNTENANTED BUILDINGS OR LANDS.— Where any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted, and thereby becomes a resort of idle and disorderly persons or where, in the opinion of the Secretary, becomes a nuisance, the Secretary may, after due inquiry, by notice, require the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same within a reasonable time specified in the notice.

REMOVAL OF FILTH OR NOXIOUS OR WILD VEGETATION.— The Secretary may, by notice, require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state, or over-grown with any thick, noxious or wild vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty four hours or such longer period not exceeding forty eight hours and in such manner as may be specified in the notice.

Securing trees adjacent to house or well.— Where it appears to the Secretary that any tree or branch of any tree is likely to be a nuisance to the adjacent houses or wells or tanks, the Secretary may, by notice, require the owner of the said tree to chop, secure or cut down the said tree within such time as may be specified in the notice, which shall not exceed forty-eight hours, so as to prevent the nuisance therefrom.

FENCING OF BUILDINGS OR LANDS AND PRUNING OF HEDGES AND TREES.— The Secretary may, by notice, require the owner or occupier of any building or land near a public street to—

1. (a) fence the same to the satisfaction of the Secretary; or
2. (b) trim or prune any hedges bordering on the said street so that it may not exceed such height from the level of the adjoining road-ways as the Secretary may determine; or
3. (c) cut and trim any hedge or tree overhanging the said street and obstructing it or the view of traffic or causing it damage; or
4. (d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of the traffic so as to cause danger.

SECRETARY TO ACT IN DEFAULT.— Where any person fails to comply with a requisition made by the Secretary under sections 426, or section 427, or section 428 or section 429, the Secretary may, without prejudice to any other action that may be taken against such person, cause the act or the work mentioned in that section to be done and the expenses incurred thereby may be recovered from such person in such manner as arrears of property tax under this Act.

LIME-WASHING AND CLEANSING OF BUILDINGS.— Where it appears to the Secretary, that it is necessary for sanitary purposes so to do, he may, by notice, require the owner or occupier of any building to lime-wash or otherwise cleanse the building inside and outside in the manner and within such time as may be specified in the notice.

Further powers with reference to insanitary buildings.—

1. (1) Where the Secretary considers that-
   • (a) any building or portion thereof is, by reason of its having no plinth, or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is, for any reason, likely to endanger the public health or safety; or
   • (b) a block or group of buildings is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may, by notice, require the owners or occupiers of such buildings or portions thereof or, at his option, the owners of the land occupied by such buildings or portions thereof to execute such work or to take such measures as he may deem necessary for the prevention of such danger.
2. (2) No person shall be entitled to compensation for damage sustained by reason of any action taken under or in pursuance of this section, save where a building is demolished in pursuance of an order made hereunder, or so far demolished as to require reconstruction, in which case the Municipality shall pay compensation to the owner thereof.
3. (3) Where any building is entirely demolished under sub-section (2) and the demolition thereof adds to the value of other buildings or property in the immediate vicinity, the owners of such other buildings or property shall be bound to contribute towards compensation payable to the owner of the building so demolished in proportion to the increased value accrued by their own building or property, as the case may be.
4. (4) Where any building is so far demolished under sub-section (2) as to require reconstruction, allowance shall be made in determining the compensation for the benefit accruing to the premises from the improvement thereof.

BUILDINGS UNFIT FOR HUMAN HABITATION.—

1. (1) Where any building or portion thereof intended for use as a dwelling place appears to the Secretary to be unfit for human habitation, he may by order prohibit subsequent use of such structure for such purpose after giving the owner or occupier of the structure a reasonable opportunity of showing cause why such order should not be made.
2. (2) Where a prohibitory order has been issued under sub section (1), the Secretary shall communicate the same to the owner or occupier of the structure and no owner or occupier of such structure shall use or allow to be used for human habitation until the Secretary certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction.
3. (3) Where a prohibitory order issued under sub section (1) has remained in operation for one month, the Secretary shall report the case to the Council, which shall, thereupon, consider whether the structure should not be demolished. The Council shall give the owner or occupier not less than fifteen days notice of the time and place at which the question will be considered, and the owner or occupier shall be entitled to be heard when the question is taken into consideration.
4. (4) Where, upon such consideration, the council is of opinion that the structure has not been rendered fit for human habitation or that steps are not being taken with due diligence to render it fit or that the continuance of the structure is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood, it shall record a decision to that effect specifying the reason therefor, and the Secretary shall, in pursuance of the said decision, by notice, require the owner or occupier to demolish the structure within a period of seven days.
5. (5) Where the owner or occupier undertakes to execute forthwith the works necessary to render the structure fit for human habitation and the Secretary may with the consent of the Chairperson considers that it can be so made fit, the Secretary may postpone the execution of the decision of the Council for such time not exceeding six month as he thinks sufficient for the purpose of giving the owner or the occupier in opportunity of executing the necessary works.

ABATEMENT OF OVERCROWDING IN DWELLING HOUSE OR DWELLING PLACE.—(1) Where it appears to the Secretary that any dwelling house or other building which is used as a dwelling place, or any room in such dwelling house or building is so overcrowded as to endanger the health of the inmates thereof, he may, with the approval of the Standing Committee concerned, by written order, require the owner of the building or room within a reasonable time not exceeding four weeks to be specified in the said order, to abate such over crowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper to abate such overcrowding.

1. (2) As Municipality may, by written order declare what amount of superficial and cubic space shall be deemed for the purposes of the sub section (1) to be necessary for each occupant of a building or room,
2. (3) Where any building or room referred to in sub-section (1) has been sub-let, the landlord of the lodgers, tenants, or other actual inmates of the same shall, for the purposes of this section, be deemed to be the owner of the building or room.
3. (4) It shall be incumbent on every tenant, lodger or other inmate of a building or room to vacate on being required by the owner so to do, in pursuance of any requisition made under sub-section (I).

PROHIBITION OF FEEDING OF CERTAIN ANIMALS ON FILTH.— No person shall feed or permit any animal, which is kept by him for dairy purpose or which may be used for food, to be fed on filth.

Prohibition of keeping of animals so as to cause nuisance or danger.— No person shall keep any animal on his premises so as to cause nuisance or danger to any person in the neighbourhood,

LICENSING OF DOGS.— No person shall keep any dog except with a licence obtaining from the

POWER TO DISPOSE OF STRAY PIGS AND DOGS POWER TO DISPOSE OF STRAY PIGS AND DOGS.— The Secretary may order for the seizure and destruction of unlicensed pigs or dogs straying in the municipal area shall make such arrangements therefor as he may deem fit.

POWER OF SECRETARY TO USE OR SELL MATERIALS OF DANGEROUS STRUCTURE TAKEN DOWN, ETC., AND PROCEDURE WHEN THERE IS NO OWNER OR OCCUPIER.—

1. (1) Where the Secretary takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit by virtue of his powers under this Chapter, the Secretary may sell the materials or things taken down, cut down or removed , and apply the proceeds in or towards payment of the expenses incurred therefor.
2. (2) Where after reasonable inquiry, it appears to the Secretary that there is no owner or occupier to whom notice can be given under any section this Chapter, he may take such action as may appear to him to be necessary with regard to the property concerned and may meet the expenses incurred therefor by the sale of such property (not being land) or of any portion thereof.
3. (3) The Secretary may authorise any officer to seize any animal found straying in public roads and streets, whether licensed or not, causing obstruction to traffic or inconvenience to public and may dispose of the animal in the same manner provided for the disposal of impounded cattle under the Kerala Cattle Trespass Act, 1961 (26 of 1961):

POWER OF SECRETARY TO ISSUE DIRECTIONS TO ABATE NUISANCE POWER OF SECRETARY TO ISSUE DIRECTIONS TO ABATE NUISANCE.—

1. (1) Where the Secretary is satisfied that any act or omission, place or thing which causes or is likely to cause injury, danger, annoyance, disturbance or offence to the sense of sight, smell or hearing or to rest or sleep or which is or may be dangerous to life or injurious to health or property of any person or persons, he may issue such direction to such person at whose instance, he has reason to believe that such nuisance is caused or such act or omission it is likely to be caused and take all steps as may be required to abate the said nuisance within such time as may be specified in the notice which shall not exceed forty eight hours.
2. (2) Any person to whom a direction has been issued under sub-section (1) shall be bound to comply with such direction within such time as may be specified therein and any person failing to comply with the direction shall be liable to prosecution.

LIMITATION OF COMPENSATION.— Save as provided in sections 418 and 432 no person shall be entitled to compensation for any damage sustained by reason of any action taken by the municipal authorities in pursuance of their powers under this Chapter.