Provided that such permission shall not exempt such owner from being proceeded against for contravening the provisions of sub-section (1).

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.