section 39
Certain things to be nuisances
The Madhya Pradesh Public Health Act, 1949Health1949155 sections
Statutory text
Without prejudice to the generality of the definition of the expression "nuisance" contained in clause (24) of section 3, the following shall be deemed specifically to be nuisances for the purposes of this Chapter—
- (1) any premises or any tent, van, shed or similar structure used for human habitation in such a state or so overcrowded as to be dangerous and injurious to health;
- (2) any pond, pool, dich, gutter, water-course, water rough, latrine, cesspool, drain or ashpit which is so foul or in such a state as to be prejudicial to health;
- (3) any animal kept in such a place or manner as to be prejudicial to health:
- (4) any accumulation or deposit of refuse or other matter which is prejudicial to health: Provided that there will be no penalty if it is proved that the refuse or other matter was kept not longer than it was necessary for trade or other purposes and the best available means have been used for preventing injury to health ;
- (5) any factory not being a factory governed by the provisions of the Factories Act, 1934 (XXV of 1934), work-shop or workplace, which is not provided with sufficient means of ventilation or in which sufficient ventilation is not maintained, or which is not kept clean or not kept free from noxious effluvia, or which is so over crowded while work is carried on as to be prejudicial to the health of those employed therein;
- (6) any fire-place or furnace which does at as far as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam, or in any mill, factory, dye-house, brewery, bake-house or gas-work; or in any manufacturing or trade process whatsoever;
- (7) any chimney sending forth smoke in such quantities as to be a nuisance;
- (8) any noise, vibration, dust, cinders, irritating smell or offensive colour produced by a factory, workshop or workplace which is a nuisance to the neighbourhood; and
- (9) any noise caused by beating a drum or tom-tom, blowing a horn or trumpt or beating or sounding any other instrument including a gramophone, a wireless receiver, a loudspeaker or other electrically operated means of producing or reproducing sound, when such noise is nuisance to the neighbourhood or public in general.
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