Chapter XIV NUISANCE

Precautions in case of dangerous structures:

1. (1) If any structure appears to the Executive Officer to be in a ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures, the Executive Officer may by notice require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.
2. (2) If immediate action is necessary, the Executive Officer shall himself before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner an arrear of tax is recovered.
3. (3) If any tree or any branch of a tree, standing on land adjoining a public road, appears to the Executive Officer to be likely to fall and thereby endanger any person or any structure, the Executive Officer may by notice require the owner of the said tree to secure, lop or cut down the said tree or branch thereof so as to prevent any danger therefrom.
4. (4) If immediate action is necessary, the Executive Officer shall himself before giving such notice or before the period of such notice expires, lop or cut down the said tree or branch thereof or fence off a part of any road or take such other temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner of the tree in the manner an arrear of tax is recovered.
5. (5) If any tank, pond, well, hole, stream, dam, bank or other such place appears to the Executive Officer to be dangerous to the passers-by or to persons living in the neighbourhood, the Executive Officer may by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
6. (6) If immediate action is necessary the Executive Officer shall, before giving such notice or before the period of notice expires, himself take such temporary measures as he thinks fit to prevent the danger and the cost of doing so shall be recoverable from the owner in the manner an arrear of tax is recovered.

Power to stop dangerous quarrying: If in the opinion of the Executive Council the working of any quarry of the removal of stone, earth or other material from any place is dangerous to person residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Executive Council may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as it shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.

1. (1) The Executive Officer may by notice require the owner of any structure, booth or tent partly or entirely composed of or having any external roof, verandah, pendal or wall partly or entirely composed of cloth, grass, leaves, mats or other highly inflammable materials to remove or alter such tent, booth, structure, roof, verandah, pendal or wall or grant him permission to retain the same on such conditions as the Executive Officer may think necessary to prevent danger from fire.
2. (2) The Executive Officer may by notice require any person using any place for the storage for private use of timber, firewood, or other combustible things to take special steps to guard against danger from fire.

1. (1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the Executive Officer.
2. (2) The Executive Officer may grant permission subject to such conditions as he may deem necessary, or refuse to grant permission for reasons to be recorded by him.
3. (3) If any such works is begun or completed without such permission, the Executive Officer may either-
   • (a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Executive Officer shall direct, or
   • (b) grant permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).

If in opinion of Executive Officer any pool, ditch, tank, well, pond, bog, swamp, quarry, hole, drain, cesspool, pit, water-course, or any collection of water, or any land on which water may at any time accumulate, is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the Executive Officer may by notice require the owner of person having control thereof to fill up, cover over, weed drain or drain off the same in such manner and with such materials as the Executive Officer shall direct or to take such order with the same for removing or abetting the nuisance as the Executive Officer shall direct.

1. (1) The Health Officer may by notice require the owner of or person having control over any private water-course, spring, tank, well or other place, the water of which is used for drinking, bathing or washing clothes to keep the same in good repair and to cleanse it, and to protect it from refuse or vegetation or pollution by surface drainage in such manner as the Health Officer may think fit.
2. (2) If the water of any place which is used for drinking, bathing or washing cloths, as the case may be, is proved to the satisfaction of the Health Officer to be unfit for the purpose, the Health Officer may by notice require the owner or person having control thereof to-
   • (a) refrain from using or permitting the use of such water, or
   • (b) close or fill up such place or enclose it with a wall or fence.

The Executive Council shall maintain in a cleanly condition all wells, tanks and reservoirs which are not private property, and may fill them up or drain them when it appears necessary to do so.

The Executive Council may in the interests of the public health regulate or prohibit the washing of animals, clothes or other things, or doing anything in unhealthy manner in any public spring, tank, well, public water course or part thereof within the municipal area and may set apart any such place for drinking or for bathing or for washing clothes or animals, respectively, or for any other specified purpose.

The Executive Officer may by notice require the owner or occupier of any building or land which appears to him to be in filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within such period and in such manner as may be specified in the notice.

No person shall feed or permit any animal, which is kept for dairy purpose or may be used for food, to be fed on filth.

No person shall keep any animal on his premises so as to be a nuisance or so to be dangerous.

1. (1) The Executive Officer may, with prior approval of the District Magistrate, give public notice that pigs or dogs straying within such limits will be destroyed.
2. (2) When such notice has been given any person may, in any manner not inconsistent with the terms of the notice, destroy any pig or dog as the case may be, found straying within such limits.

1. (1) When the Executive Officer takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit in virtue of his powers under this chapter, the Executive Officer may sell the materials or things taken down, cut down or removed, and apply the proceeds in or towards payment of the expenses incurred.
2. (2) If after reasonable inquiry it appears to the Executive Officer that there is no owner or occupier to whom notice can be given under any section in this chapter he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expenses incurred by the sale of such property (not being land) or of any portion thereof.