Chapter 5 REMOVAL OF NUISANCE

Without prejudice to the generality of the definition given to the word “nuisance” in section 2, the following shall specially be deemed to be nuisance for the purpose of this chapter, namely:—

1. (i) making any premises in a manner which is injurious to health;
2. (ii) making any water sources like river, backwater, pond, lake, ditch, brooke, water trough or drainage in a polluted or injurious to health condition;
3. (iii) making any ash-pit, cow dung pit, compost pit, septic tank, biogas plant or filth collecting systems etc. in a polluted or injurious to health condition due to lack of proper maintenance and safety;
4. (iv) keeping any animal individually or collectively in a manner or in such a place which is injurious to health;
5. (v) accumulating or collecting any refuse, building wastes, industrial wastes or other matters which are injurious to health;
6. (vi) running any factory, workshop, work place, shops, hotels etc. in a condition that is injurious to health without providing sufficient ventilation facilities and protection from noxious effluvia and in a manner creating overcrowding in working time;
7. (vii) cause smoke from fireplace, furnace etc. to remain in the atmosphere in a manner injurious to health;
8. (viii) maintaining chimminies discharging smoke in a size, manner or height which is injurious to health;
9. (ix) making sound, noise, vibration, dust, cinder, offensive odour, toxic substance or disgusting scene which is injurious to health;
10. (x) maintaining x-ray unit, clinical laboratory, scan centre or hospital etc in a manner injurious to health without proper precautionary measures;
11. (xi) running or maintaining any hotel or food handling establishment, slaughter house, meat stall, chicken stall, milk stall, market, ice factory, lodges or the like institutions meant for accommodation and other commercial establishments in a manner injurious to health;
12. (xii) maintaining burial ground, crematorium or vault in a manner injurious to health;
13. (xiii) maintaining any tree or any type of construction in a manner injurious to health;
14. (xiv) causing water logging in a manner which helps breeding of mosquitoes or creating or not removing water collections or water logs which are stagnant or flowing;
15. (xv) creating or not removing circumstances for the breeding of flies, sand flies, cockroaches, ticks and snails in a manner which is injurious to health;
16. (xvi) maintaining piggery, poultry, goat farm, cattle farm, hatchery and stable etc. in a manner which is injurious to health;
17. (xvii) maintaining any godown or its premises or garbage dump or the like in a manner which helps harbouring of stray dogs or creatures belonging to rat species etc in a manner injurious to health; (xviii) carrying by vehicle or otherwise of any kind of garbage in a manner injurious to health;
18. (xix) making false or fake propoganda which in any manner adversely affect the public health activities or its objects; and
19. (xx) any other matters prescribed for the purpose of this chapter.

Any person aggrieved by an act of nuisance or

any person who has the knwoledge about the existence of such a nuisance in any area may lodge a complaint in writing to the Local Public Health Officer or to the Local Public Health Committee.

1. (1) If the Local Public Health Officer is satisfied, upon information under section 22 or otherwise that there exists a nuisance, the officer may by notice direct the person by whose act or omission the nuisance arises or continues, or if such person cannot be found, by giving notice to the owner or occupier of the premises on which the nuisance continues, to take steps within the specified time for the removal of nuisance or to execute such works: Provided that,—
   • (a) where the nuisance arises due to the structural defect of a building the notice shall be served to the owner;
   • (b) if the nuisance which occured or persists is not by an act or omission of the owner or the occupier, the Local Public Health Officer shall recommend in writing to the Local Self Government to take immediate necessary action to prevent the reccurrence of nuisance or for its removal; and
   • (c) the Local Public Health Committee may upon the application in writing by the person against whom the Local Public Health Officer had issued such notice, extend the period specified in such notice, based on the facts and circumstances of the case.
2. (2) No occupier shall get any legal right, title or any other rights over such place merely on the ground that she had received a notice from the Public Health Officer as per subsection (1) for the removal of nuisance or had carried out actions for removal of nuisance.
3. (3) If any person, owner or occupier who had received a notice under sub-section
4. (1) fails to comply with the directions specified therein, within such time or extended time, shall be liable to fine specified in section 65. The Local Public Health Officer, shall inform the Local Self Government, for the execution of the work as deems necessary, for removal of nuisance and to prevent its reccurence.
5. (4) The Local Public Health Officer shall report to the Local Public Health

Provision regarding house or building rendered unfit for human dwelling by

nuisances.—Where a house or other building is, in the opinion of the Local Public Health Officer, unfit for human dwelling by reason of nuisance which persists therein, she shall

prohibit the use of such house or building for human dwelling until it is made fit for human dwelling.

Whenever the duties under

this chapter is carried out or otherwise implementing its provisions, the Public Health Officer may handle the articles shifted from any premises including any public places in the manner as prescribed.

If any Local Public

Health Officer finds that any nuisance, affecting her local area or any part of it, is wholly or partly caused by any of the act or omission committed by or taken place outside such local area, the same shall be informed to the District Public Health Officer, and who shall give directions to the Local Public Health Officer concerned to take necessary steps for the removal of such nuisance. If the local areas are situated in two districts, it shall be informed to the State Public Health Officer through the District Public Health Officer of the District in which the area of nuisance is comprised and who shall take steps for issuance of necessary directions.