Chapter XIII SANITARY AND OTHER POWERS

The Chief Executive Officer or any person authorised by him in this behalf, may at any time between sunrise and sunset, on giving reasonable notice, enter into and inspect any buildings and lands, and by written notice direct that all or any part thereof shall be cleansed, cleared, or otherwise put in a proper state for sanitary reasons.

Whoever, being the owner or occupier of any building or land, whether tenantable or otherwise, suffers the same to be in a filthy or unwholesome state, or, in the opinion of the Chief Executive Officer, a nuisance to persons residing in the neighbourhood, or over grown with prickly pear, or rank and noisome vegetation, and who does not, within a reasonable time after notice in writing from any person authorised by the Chief Executive Officer in this behalf to cleanse, clear or otherwise put the same in a proper state, comply with the requisition contained in such notice, shall, on conviction before a Magistrate, be liable to a fine not exceeding rupees twenty-five, and if the offence be a continuing one, to a further fine not exceeding rupees five for every day during which the said offence is continued after conviction.

The Chief Executive

Officer, or any person authorised by him in this behalf, may at any time by written notice require that, the owner of, or any person who has control over, any well, stream, channel, tank, or other source of water supply shall, whether it is private property or not,

1. (a) if the water is used for drinking,
   • (i) keep and maintain any such source of water supply, other than a stream, in good repair, or
   • (ii) within a reasonable time to be specified in the notice, cleanse any such source of water supply from silt, refuse and decaying vegetation, or
   • (iii) in such manner as the Chief Executive Officer directs, protect any such source of water supply from pollution by surface drainage, or
   • (iv) desist from using and permitting others to use for drinking purposes any such source of water supply which not being a stream in its natural flow, is in the opinion of the Chief Executive Officer unfit for drinking, or
   • (v) if notwithstanding any such notice under sub-clause (iv), such use continues and cannot in the opinion of the Chief Executive Officer be otherwise prevented, close, either temporarily or permanently, or fill up or enclose or fence in such manner as the Chief Executive Officer considers sufficient to prevent such use, such source of water supply, or

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1. (vi) drain off or otherwise remove from any such source of water supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto any stagnant water which the Chief Executive Officer considers to be injurious to health or offensive to the neighbourhood ;

1. (b) within twenty-four hours of such notice, repair, protect or enclose in such manner as the

Chief Executive Officer may direct or approve, any such source of water supply, whether used

for drinking purposes or not, other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure, such source of water supply is in the opinion of the Chief Executive Officer dangerous to the health or safety of the public or of any persons having occasion to use or to pass or approach the same.

If the owner or the person having control as aforesaid, fails or neglects to comply with any such requisition within the time required by or under the provisions of section 192 the Chief Executive Officer may, and, if in the opinion of the Chief Executive Officer immediate action is necessary to protect the health or safety of any person, shall at once, proceed to execute the work required by such notice; and all the expenses incurred thereon shall be paid by the owner of, or person having control over, such water supply, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XI : Provided that, in the case of any well or private stream or any private channel, tank or other source of water supply, the water of which is used by the public or by any section of the public as of right, the expenses incurred by such owner or person having control may, if the Zilla Parishad so directs, be paid from the portion of the district fund at the disposal of such Zilla Parishad.

1. (1) The Chief Executive Officer may by public notice, which shall be put up at the spring, tank, well or other place concerned and otherwise as required by this Act, set apart public springs, tanks, wells and other places and parts of public water courses for drinking purposes or for bathing or for washing clothes, or animals or any

other purpose calculated to promote the health, cleanliness, comfort, convenience of the inhabitants;

and with the consent of the owners, may also set aside any private springs, tanks, well or other places for any of the aforesaid purposes.

1. (2) The Chief Executive Officer may, during epidemics, on receipt of a certificate from any

medical officer in the employ of the Zilla Parishad or of the Government stating that such action is

desirable, summarily by notice prohibit the use of water from any source to which the public have access. Such notice shall be served by putting up a copy thereof near the source of water supply or by beat of drum stating the number of days during which such prohibition shall last. The Chief Executive Officer may extend or modify the notice from time to time without the production of a further certificate.

Whoever—

1. (a) bathes in or defiles the water in any place set apart for drinking purposes by the Chief Executive Officer or in the case of private property, by the owner thereof, or
2. (b) deposits any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes, or
3. (c) washes clothing in any place set apart as aforesaid for drinking or bathing, or
4. (d) washes any animal or any cooking utensils or wool, skins, or other foul or offensive substance, or deposits any offensive or deleterious matter in any place set apart as aforesaid for drinking purposes or bathing or washing clothes, or
5. (e) allows the water from a sink, sewer, drain, engine or boiler, or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes,

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Samitis Act, 1961 shall, on conviction before a Magistrate, be liable to a fine not exceeding rupees fifty, and if the offence be a continuing one, to a further fine not exceeding rupees ten for every day during which the said offence is continued after conviction.

When any pool, ditch, tank, pond, well, hole or any wasted or stagnant water, or any channel or receptacle of foul water or other offensive or injurious matter, whether it be within a private enclosure or otherwise, shall appear to the Chief Executive Officer to be likely to prove injurious to the health of the inhabitants or offensive to the

neighbourhood, the Chief Executive Officer may by written notice require the owner of the same to

cleanse, fill up, drain off or remove the same, or to take such measures as shall, in his opinion, be necessary to abate or remove the nuisance.

1. (1) If the Zilla Parishad is of opinion that any place in the District which is used for the disposal of the dead is in such a state as to be, or to be likely to become injurious to health, it may communicate its opinion, with the reasons therefor to the Commissioner. The Commissioner may, thereupon, after such further inquiry, if any, as he may deem fit by notification direct that such place shall cease to be so used from such date as may be specified in that behalf in the notification.
2. (2) A copy of the said notification with a translation thereof in Marathi shall be published in the local newspapers, if any, and shall be posted up at the Zilla Parishad office and in one or more conspicuous spots on or near the place to which it relates.
3. (3) Any person who buries or otherwise disposes of any corpse in any such place after the date specified in the said notification for closure thereof or buries any corpse in any unoccupied Government land not set aside for the burial of the dead under the provisions of any law for the time being in force or by established usages, shall, on conviction, be liable to a fine not exceeding rupees one hundred.

where infectious disease exists, disinfections of buildings, etc.— (1) The Chief Executive Office or any person authorised by the Chief Executive Officer in this behalf, may enter at any time after reasonable notice, into any building or premises in which any dangerous and infectious disease is reported or suspected to exist for the purpose of inspecting such building or premises.

1. (2) No such inspection shall be made except between sunrise and sunset.
2. (3) If the Chief Executive Officer or any person so authorised is of opinion that the cleansing or disinfecting of a building or premises or of a part thereof, or of any articles therein likely to retain infection, would tend to prevent or check the spread of any dangerous and infectious disease, he may by notice require the owner or occupier to cleanse or disinfect the same within a time to be specified in such notice : Provided that, if the Chief Executive Officer or the person so authorised considers that immediate action is necessary or that the owner or occupier is, by reason of poverty or otherwise, unable effectually to comply with his requisition, the Chief Executive Officer or the person so authorised may himself cause such building or premises or articles to be cleansed or disinfected, and for this purpose may cause such articles to be removed from such building or premises; and the expenses incurred by him under this sub-section shall be recoverable from the said owner or occupier unless he was, by reason of poverty, unable effectually to comply with its requisition.

infection; infected articles may be destroyed; penalty.— (1) The Zilla Parishad shall, from time to time, notify places at which articles of clothing or bedding or other articles which have been exposed to infection from any dangerous and infectious disease may be washed or disinfected.

1. (2) The Zilla Parishad may direct the destruction of clothing, bedding or other articles likely to retain such infection, and shall, on demand, give compensation for the articles destroyed.
2. (3) Whoever washes such clothing or bedding or other articles at any place other than those set

apart for such purposes under sub-section (1), shall, on conviction, be liable to a fine not exceeding

rupees fifty.

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1. (1) Whoever on any part of a public road, land or building, after it has vested in, or has become the property of, a Zilla Parishad shall build, or set up, any wall or any fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or thing, or other encroachment or obstruction, or shall deposit, or cause to be placed or deposited, any box, bale, package or merchandise or any other thing on any part of any such road, land or building, or in, or over, or upon, any open drain, gutter, sewer or aqueduct in such road, land or building, shall, on conviction, be punished with fine which may extend to twenty-five rupees.
2. (2) The Zilla Parishad shall have power to remove any such obstruction or encroachment, and the expense of such removal shall be paid by the person who has caused the obstruction or encroachment, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XI : Provided that, before proceeding to remove any such obstruction or encroachment, the Zilla Parishad shall by written notice call upon the person who has caused such obstruction or encroachment to remove it within a reasonable time to be specified in the notice, or to show cause why the same should not be removed.
3. (3) Nothing contained in this section shall prevent a Zilla Parishad from allowing any temporary occupation of or erections on any public road, which vests in it or is its property, on occasions of

festivals and ceremonies, or for the piling of fuel on any part of such road for not more than fifteen

days and in such manner as not to inconvenience the public or any individual.

1. (4) It shall be competent to the Zilla Parishad to lease or to permit a temporary use of land forming part of a public road when such land is not, in the opinion of the Zilla Parishad, required for a public road or for any other purposes of this Act, for a period not exceeding seven years.

The President, Vice-President or

any Councillor or officer authorised by the Zilla Parishad in this behalf may at all reasonable times

enter into any place (other than a place prescribed by rules made under the Bombay Weights and Measures Act, 1932 (Bom. XV of 1932)), or under any law corresponding thereto in force in any part of the State where weights or measures or weighing or measuring instruments are used or kept for the purpose of trade, and inspect such weights or measures or weighing or measuring instruments.

1. (1) The Chief Executive Officer may, from time to time by written notice, require the owner of any premises or part thereof either to put up by means of a metal plate number or sub-number on such premises or part thereof in such position and manner as may be specified in such notice, or to signify in writing his desire that such work shall be executed under the orders of the Chief Executive Officer.
2. (2) Any person who destroys, pulls down or defaces any such number or sub-number or puts up any number or sub-number different from that put up by order of the Chief Executive Officer and any owner of any premises or part thereof who does not at his own expense keep such number or sub-number in good order after it has been put up thereon shall, on conviction, be punished with fine which may extend to twenty rupees.
3. (3) Where a number or sub-number is put up on any premises or part thereof under the orders of the Chief Executive Officer in accordance with sub-section (1) the expenses of such work shall be payable by the owner of such premises or part thereof, as the case may be : Provided that, the maximum rate of charge for such work shall be fixed by the Chief Executive Officer. Explanation.— In this section ‘premises’ means a house, out-house, stable, shed, hut or other structure whether of masonry, bricks, wood, mud, metal or any other material whatever whether used as a human dwelling or otherwise. Public Markets.

1. (1) The State Government may, upon a representation made by a Zilla Parishad by notification published in the Official Gazette and in such other manner as may

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Samitis Act, 1961 be prescribed by rules made by the State Government, declare that any place within the District shall be a public market.

1. (2) Every such notification shall define the limits of the public market so established, and may

for the purpose of this Act include within such limits such local areas as the State Government may

direct.

1. (3) Whenever the State Government declares under sub-section (1) a place to be a public market, no person shall, notwithstanding anything contained in any other law for the time being in force, within the area of such public market or within a distance thereof to be specified by notification in this behalf in each case by the State Government, set up, establish or continue or allow to be continued any other market.
2. (4) Whoever in contravention of this section, sets up, establishes, continues or allows to be

continued any market shall, on conviction, be punished with fine which may extend to five hundred

rupees, and in case of a continuing breach with fine which may extend to one hundred rupees for each day after the first during which the breach continues.

1. (5) For the purposes of this section, a person shall be deemed to have set up, established, continued or allowed to be continued a market if such market is held on land owned by him ; and the onus of proving that the market was held on such land without his knowledge shall lie on him.
2. (6) Nothing contained in this section shall be deemed to empower the State Government to declare any place as a public market for the purchase or sale of such agricultural produce, the purchase or sale of which is regulated by or under the Bombay Agricultural Produce Markets Act, 1939 (Bom. XXII of 1939) or under any other law corresponding thereto in force in any part of the State. Private Markets.

1. (1) The State

Government may, by notification in the Official Gazette, direct that the provisions herein relating to

private markets shall apply to the villages specified therein, and thereafter, unless due cause is shown to the contrary to the satisfaction of the State Government, those provisions shall apply to the villages aforesaid, after the expiry of six months from the date of the notification.

1. (2) In any villages to which the provisions apply as aforesaid, the Markets and Fairs Act, 1862 (Bom. IV of 1862), shall cease to apply in relation to such villages except as respects things done or

omitted to be done before such cesser of operation of the Markets and Fairs Act, 1862 (Bom. IV of

1862), and the provisions of section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall apply to such cesser as if the Markets and Fairs Act, 1862 (Bom. IV of 1862), had then been repealed by a Maharashtra Act.

1. (1) No person shall establish or maintain private market except under a licence granted by the Zilla Parishad.
2. (2) The Zilla Parishad as respects markets lawfully in existence in any village on the date on which the provisions herein relating to private markets apply to that village shall, and as respects other markets may, grant a licence under sub-section (1), subject to such conditions as to sanitation, drainage, water supply, width of paths and ways, weights and measures to be used, and rents and fees to be charged in such markets, as the Zilla Parishad may think fit.

Any person claiming a right to levy fees of the nature specified in clause (g) of section 157 shall first apply to such officer as the Zilla Parishad may appoint in this behalf, who may grant him a certificate recognising his right in this behalf and on such certificate being submitted to a Zilla Parishad it shall, in granting him licence under sub-section (2) of section 205 allow the licencee to levy such fees.

Now see Maharashtra Agricultural Produce Marketing (Regulation and Development) Act, 1963 (Mah. XX of 1964). The short title of the Act has been amended as “the Maharashtra General Clauses Act” (I of 1904), by Mah. 24 of 2012, Ss. 2 and 3, Schedule, entry 11, with effect from the 1 st May 1960.

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In deciding whether to grant a certificate or not, the officer authorised under section 206 shall take into consideration any representations which may be made to him in writing or otherwise, against such right and also the following circumstances, that is to say—

1. (a) whether the applicant is entitled by long usage to levy such fees;
2. (b) whether he is entitled to levy them under the special sanction of the State Government or in accordance with the provisions of any law in force in the village to which these provisions apply.

Any person aggrieved by an order refusing to grant a certificate under section 206 may, within six months from the date of such order, institute a

suit to establish the right which he claims, and subject to the result of such suit, such order shall be

final.

When a licence granted under sub-section (2) of section 205 does not

permit the levy of any fees, it shall be granted free of charge, but when such permission is given, a fee not exceeding such amount as may be fixed by bye-laws in that behalf may be charged for such licence.

A licence under section 205 shall, unless it otherwise directs, remain in force for the financial year during which it has been granted, but it may at any time be suspended or cancelled by the Zilla Parishad for breach of any of its conditions or levy of any unauthorised fees.

Any person aggrieved by an order made by a Zilla Parishad under the powers vested in it by sections 205, 206, 209 or 210 may appeal, within thirty days from the date thereof, to the Commissioner, whose decision shall be final.

If the Zilla Parishad fails to grant a licence under sub-section (2) of section 205 for a period of two months from the date of the receipt of an application for such licence, any person aggrieved by such failure may apply to the Commissioner, who may reject the application or may direct the Zilla Parishad to grant licence or grant it himself, and his decision shall be final.

Any person—

1. (a) establishing or maintaining a market for which a licence has not been granted under sub-section (2) of section 205; or
2. (b) opening or keeping open a market for which the licence has been cancelled under section 210; or
3. (c) opening or keeping open a market during the period of suspension under section 210 ; shall be punishable with fine which may extend to one hundred rupees, and, if the breach is continuing one, with further fine which may extend to ten rupees for every day after the first during which the breach is proved to have been persisted in. Fairs.

Subject to any rules

made by the State Government as to fairs under any law for the time being in force, the provisions relating to public markets contained in clause (g) of section 157 shall apply to fairs, agricultural shows or industrial exhibitions, not being fairs, agricultural shows or industrial exhibitions held by the State Government. Public Cart Stands.

1. (1) The State

Government may, by notification in the Official Gazette, direct that the provisions herein relating to

public cart stands shall apply to such local areas as may be specified therein; and thereafter, unless due cause is shown to the contrary to the satisfaction of the State Government the provisions aforesaid shall from a date specified in the notification apply to such local areas accordingly.

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1. (2) In any local area to which the provisions aforesaid apply, the provisions of the Bombay Public Conveyances Act, 1920 (Bom. VII of 1920) in relation to public cart stands shall cease to apply to such local area; except as respects things done or omitted to be done before such cesser of operation of the Bombay Public Conveyances Act, 1920 (Bom. VII of 1920), and, the provisions of section 7 of the Bombay General Clauses Act, 1904 (Bom. 1 of 1904) shall apply upon such cesser as if the Bombay Public Conveyances Act, 1920 (Bom. VII of 1920), had then been repealed by a Maharashtra Act.

1. (1) A Zilla Parishad may construct or provide and maintain halting places and cart stands, and may levy rents and fees for the use of the same.
2. (2) A statement in Marathi language of any rents and fees prescribed by bye-laws made by the Zilla Parished for the use of any such place shall be put in a conspicuous part thereof.

Where a

Zilla Parishad has provided a halting place or cart stand, the Chief Executive Officer may, with the

approval of the Zilla Parishad, prohibit the use of any other public place or the sides of any public road for the same purpose by any person within such distance thereof, as may be fixed by the Chief

Licence to be obtained for private cart stand in existence at commencement of these provisions.— (1) No person shall continue to keep open in any local area a private cart stand lawfully established at the commencement of the provisions aforesaid in that local area or open a new cart stand unless he annually obtains from the Chief Executive Officer a licence to do so.

1. (2) The Chief Executive Officer shall grant a licence, subject to such regulations as to supervision and inspection and to such conditions as to conservancy as may be prescribed by bye-laws made by the Zilla Parishad in this behalf.
2. (3) The Chief Executive Officer may also levy on every licence granted under this section a fee not exceeding one hundred rupees per annum. Special provisions for Town Planning in the Hyderabad area of the State.

219-226A. [Repealed by the Maharashtra Regional and Town Planning Act, 1966 (Mah. 37 of

1966), s. 165(1).] Provisions regarding notices etc.

The service of every notice and presentation of every bill under this Act on any person or to any person to whom it is by name addressed shall, in all cases not otherwise specially provided for in this Act, be effected by a Zilla Parishad or by an officer or servant or other person authorised by the Zilla Parishad in this behalf, or on such terms as may be agreed upon, by any officer or servant of the Government—

1. (a) by giving or tendering the notice or bill to the person to whom it is addressed; or
2. (b) if such person is not found, by leaving the notice or bill at his last known place of abode, if within the District, or by giving or tendering the notice or bill to some adult male member or servant of his family; or The short title of the Act has been amended as “the Maharashtra Public Conveyances Act” (VII of 1920), by Mah. 24 of 2012, Ss. 2 and 3, Schedule, entry 14, with effect from the 1 st May, 1960. The short title of the Act has been amended as “the Maharashtra Public Conveyances Act” (VII of 1920), by Mah. 24 of 2012, Ss. 2 and 3, Schedule, entry 14, with effect from the 1 st May, 1960. The short title of the Act has been amended as “the Maharashtra General Clauses Act” (I of 1904), by Mah. 24 of 2012, Ss. 2 and 3, Schedule, entry 11, with effect from the 1 st May, 1960. The short title of the Act has been amended as “the Maharashtra Public Conveyances Act” (VII of 1920), by Mah. 24 of 2012, Ss. 2 and 3, Schedule, entry 14, with effect from the 1 st May, 1960.

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1. (c) if such person does not reside within the District, and his address elsewhere is known to the President or other person directing the issue of the notice or bill, then by forwarding the notice or bill to such person by registered post under cover bearing the said address; or
2. (d) if none of the means aforesaid be available, then by causing the bill or notice to be affixed on some conspicuous part of the building or land, if any, to which the bill or notice relates.

When any notice

under this Act is required or permitted by or under this Act, to be served upon an owner or occupier of any land or building it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise specially provided for in this Act, shall be effected either—

1. (a) by giving or tendering the notice to the owner or occupier, or if there be more owners or occupiers than one, to any one of them; or
2. (b) if no such owner or occupier be found, then by giving or tendering the notice to some adult male member or servant of the family of any such owner or occupier as aforesaid; or
3. (c) if none of the means aforesaid be available, then by causing the notice to be fixed on some conspicuous part of the land or building to which the same relates.

Every notice which this Act requires or empowers a Zilla Parishad or the Chief Executive Officer to give or to serve either as a public notice, or generally, or by provisions which do not expressly require notice to be given to individuals

therein specified, shall be deemed to have sufficiently given or served if a copy thereof is put up in

such conspicuous part of the Zilla Parishad office during such period and in such other public buildings and places or is published in such local papers or in such other manner as the Zilla Parishad in bye-laws in this behalf directs.

1. (1) No notice or bill shall be invalid for defects of form.
2. (2) When any notice under this Chapter requires any act to be done and for which no time is fixed by this Act, the notice shall fix a reasonable time for doing the same.
3. (3) In the event of non-compliance with the terms of notice, the Zilla Parishad or the Chief Executive Officer may take such action or such steps as may be necessary for the doing of the act thereby required to be done, all the expenses thereby incurred by the Zilla Parishad or the Chief

Punishment for disobedience of orders and notices not punishable under any other section.— Whoever disobeys or fails to comply with any lawful direction given by any written notice issued by or on behalf of a Zilla Parishad under any power conferred by this Chapter, or fails to comply with the conditions subject to which any permission was given to him by or on behalf of a Zilla Parishad or the Chief Executive Officer under any power so conferred, shall, on conviction, before a Magistrate if the disobedience or failure is not an offence punishable under any other section, be punished with fine which may extend to fifty rupees and to a further fine which may extend to five rupees for every day during which the said disobedience or failure continues after the date of the first conviction : Provided that, when the notice fixes a time within which a certain act is to be done, and no time is specified in this Act, it shall rest with the Magistrate to determine whether the time so fixed was a reasonable time within the meaning of this Act.

(1) Whenever, under the provisions of this Act, any work is required to be executed by the owner or occupier of any buildings or land, and default is made in the execution of such work, the Zilla Parishad or the Chief Executive Officer, whether any penalty is or is not provided for such default, may cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to

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Samitis Act, 1961 have been executed and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XI either in one sum or by instalments as to the Zilla Parishad may seem fit.

1. (2) If the defaulter be the owner of the building or land, the Zilla Parishad or Chief Executive Officer may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses payable by the owner for the time being, from the person who then, or any time thereafter, occupies the building or land under such owner; and in default of payment thereof by such occupier on demand, the same may be levied from such occupier; and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XI; every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such occupier in respect of any such expenses.
2. (3) No occupier of any building or land shall be liable to pay more money in respect of any

expenses charged by this Act on the owner thereof, than the amount of rent which is due from such

occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or which at any time after such demand and notice not to pay the same to his landlord, has accrued and become payable by such occupier, unless he neglects or refuses, upon application made to him for that purpose by the Zilla Parishad or Chief Executive Officer truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall be upon such occupier : Provided that, nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of the expenses of any such works as aforesaid.

If a dispute arises with respect to

any expenses or costs which are by this Act, directed to be paid, the amount, and if necessary the apportionment of the same, shall, save where it is otherwise expressly provided in this Act, be

ascertained and determined by the Zilla Parishad and shall be recoverable in the same manner as an

amount claimed on account of any tax recoverable under Chapter XI.

1. (1) The Chief Executive Officer may

direct any prosecution for any public nuisance whatever, and may order proceedings to be taken for

the recovery of any penalties, and for the punishment of any persons offending against the provisions of this Act, or of any byelaw thereunder, and may order the expenses of such prosecutions or other proceedings to be paid out of the district fund : Provided that, no prosecution for an offence under this Act or of any bye-law thereunder shall be instituted except within six months next after the commission of such offence.

1. (2) Any prosecution under this Act or under any bye-law thereunder may, save as therein

otherwise provided, be instituted before any Magistrate; and every fine or penalty imposed under or

by virtue of this Act or any bye-law thereunder, and also all claims to compensation or other expenses for the recovery of which no special provision is otherwise made in this Act, may be recovered on application to such Magistrate, by the distress and sale of any moveable property within the limits of his jurisdiction belonging to the person from whom the money is claimed.

If through any act, neglect or default, on account whereof any person shall have incurred any penalty imposed by or under this Act, any damage to the property of any Zilla Parishad shall have been caused by such person, he shall be liable to make good such damage as well as to pay such penalty, and the value of the damage shall, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted, and on non-payment of such value on demand the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.

In lieu of any process of recovery allowed by or under this Act or in case of failure to realise by such process the whole or any part of any amount

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Samitis Act, 1961 recoverable under the provisions of Chapter XI or of any compensation, expenses, charges or

damages awarded under this Act, the Zilla Parishad may sue in any Court of competent jurisdiction

the person liable to pay the same, as also any other person who may have in any way caused any injury to any property, rights or privileges of the Zilla Parishad.

1. (1) Any police officer may arrest any person committing in his view any offence against any of the provisions of this Act or of any bye-law thereunder, if the name and address of such person be unknown to him, and if he declines to give his name and address, or if the police officer has reason to doubt the accuracy of such name and address if given, any such person may be detained at the station-house until his name and address shall be correctly ascertained : Provided that, no person arrested shall be detained without the order of a Magistrate, longer than shall be necessary for bringing him before a Magistrate or than twenty-four hours at the utmost.
2. (2) It shall also be the duty of all police officers to give immediate information to the President or an officer of the Zilla Parishad of the commission of any offence against the provisions of this Act or of any bye-law thereunder, and to assist all Zilla Parishad officers and servants working under the Zilla Parishad in the exercise of their lawful authority.