section 23
Power of the Local Public Health Officer to remove nuisance.
The Kerala Public Health Act, 2023Health202383 sections12 chapters
Chapter 5 REMOVAL OF NUISANCE
Statutory text
- (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) 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) If any person, owner or occupier who had received a notice under sub-section
- (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.
- (4) The Local Public Health Officer shall report to the Local Public Health
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