Chapter XI Chapter XI

Inspection of drains, privies and cesspools. (1) The committee or Executive Officer may authorise any person to enter, between sunrise and sunset, into any building or upon any land and to inspect any drain, privy, latrine, urinal, cesspool, cable, wire, pipe, sewer or channel therein or thereon, and to cause the ground to be opened where such person as aforesaid may think fit for the purpose or preventing of removing any nuisance arising from the drains, privies, latrines urinals, cesspools cables, wires, pipes, sewers, or channels. (2) If, on such inspections, it appears that the opening of the ground was necessary for the prevention or removal of a nuisance, the expenses there by incurred shall be paid by the owner or occupier of the land or building but if it be found that no nuisance exist or but for such opening would have arisen, the ground or portion of any building, drain or other work, if any, opened, injured or removed for the purpose of such inspection shall be filled in, reinstated and made good by the committee. (3) No building other than a latrine, urinal or privy shall be entered under this section until six hours’ notice in writing has been given to the occupier of the building by the committee or by the person authorised by the committee to make the entry.

Inspection of buildings, etc. (1) The committee or Executive Officer may authorise any person after giving three hours’ notice to the occupier, or, if there be no occupier, to the owner of any building to enter and inspect it at any time between sunrise and sunset where such inspection appears necessary for sanitary reasons. (2) If the building to be inspected is a stable for horses or a house or shed for cows or other cattle, previous notice shall not be requisite before inspection.

Other powers of entry on buildings or lands. The committee or Executive Officer may authorise any person, after giving twenty four hours’ notice to the occupier, or if there be no occupier, to the owner of any building or land, at any time between sunrise and sunset- (a) to enter on and to survey, and to take levels or measurements of any buildings or land; (b) to enter into any building or on any land for the purpose of examining works under construction, or ascertaining the course of sewers or drains, or of executing or repairing any work which it is by this Act empowered to execute or to maintain; (c) to enter into any building or on any land for the purpose of inspecting or repairing gas, water, telephonic, electric or other installation and for taking readings of metres connected therewith; (d) to enter into any building or on any land for the purpose of ascertaining whether any building is being or has been erected or erected without sanction or in contravention of any sanction given by the committee or Executive Officer or by any bye-laws made under Section 190 or of any scheme sanctioned under Section 192 and to take such measurements and do any other such acts as may be necessary for such purpose.

Power to inspect places for sale of food or drink etc., and to seize unwholesome articles exposed for sale. The committee or Executive Officer may authorise any person at all reasonable times to enter into and to inspect any market, building, shop, stall or place used for the sale of food or drink for man, or as a slaughter house, or for the sale of drugs, and to inspect and examine any food or drink, animal or drug, which may be therein; and, if any article of food or drink, or any animal therein appears to be intended for the consumption of man to be unfit therefor, may seize and remove the same or may cause it to be destroyed or to be disposed of as to prevent its being exposed for sale or used for such consumption; and, in case it is reasonably suspected that any drug is adulterated in such manner as to lessor its efficacy or to change its operation or to render it noxious, to remove the same, giving a receipt therefor, and to cause the owner thereof to be brought before a magistrate for enquiry whether any offence has been committed in respect thereof, and for orders as to the disposal of the said drug.

Inspection of Weights and Measures and seizure of false weights etc. (1) The committee or Executive Officer by any person authorised by it in this behalf, may at all reasonable times enter into and inspect any market, building, shop, stall or place used for the sale of any goods, food, drink or drug, and may inspect any instruments for weighing, weights or measures found therein and test the same with other weights and measures, and may seize any such instrument for weighing, weight or measure which the person so authorised reasonably believes to be false or not in accordance with bye- laws made by the committee under Section 188(c) (iii), and may take the same to be examined or tested by the officer appointed for the purpose. (2) Every person for the time being in charge of or employed in such market, building, shop, stall or place shall, if so requested by the person making such inspection, produce for such inspection and comparison all instruments for weighing, weights and measures kept therein.

Inspection of places for illicit slaughter of animals. If there are reasonable grounds for believing that any animal has been, is being, or is about to be slaughtered in any place or premises not fixed for such purpose under Section 167 or in contravention of any bye-law made under Section 181(c)(i), the committee or Executive Officer by any person authorised by it or him in this behalf may, at all reasonable times, enter into and inspect any such place or premises: Provided that no entry shall be made under the provision of this section without an order in writing from the President or from the Medical Officer of Health. Such order shall specify the place or premises to be entered and the locality in which the same is situate and the period (which shall not exceed seven days) for which it is to remain in force.

Refusal to suffer inspection under Sections 205 to 208. Whoever, in contravention of Section 205 or Section 206 or Section 207 or Section 208 or Section 211, refuses to suffer inspection of any premises, food, drink, drug, animals, weight, measure or instrument for weighing, or in contravention of Section 207, clause (2) refuses to produce any weight, measure or instrument for weighing to which he has access, shall be punishable with fine which may extend to five hundred rupees.

(1) The Committee or Executive Officer may authorize any person to enter upon at any reasonable time and inspect any house or building which is suspected to contain petroleum, explosive or other inflammable material, in excess of the quantity permitted to be kept in such house or building under the provisions of this Act or of any rule, bye-law or public notice made or published thereunder. (2) Should any such excess quantity of such material be discovered, it may be seized and held subject to such order as a magistrate may pass with respect to it. (3) If the magistrate decide that the material seized was stored in the house or building contrary to the provisions of this Act or of any rule, bye-law or public notice made or published thereunder, he shall pass an order confiscating the same. (4) Subject to any general rules for the time being applicable thereto, the material confiscated may be sold by order of the magistrate and the proceeds, after defraying the expenses of such sale, shall be credited to the municipal fund. (5) No order of confiscation under this section shall operate to prevent any other criminal or civil proceedings to which the person storing the material in excessive quantity may be liable.

Power of entry for purpose of preventing spread of disease. (1) The Medical Officer of Health or any other officer authorised by the committee or executive officer may enter, at any time, after three hours' notice into any building or premises in which any infectious disease is reported or suspected to exist, for the purpose of inspecting such building or premises. (2) No such inspection shall be made except in the hours between sunrise and sunset.

General explanation. The committee or Executive Officer may authorize persons to exercise the powers of entry conferred by the foregoing sections of this chapter either generally in regard to all buildings and lands or particularly in regard to specified buildings and lands or classes of buildings and lands.

Precautions to observe in entering. When any building used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious sentiments of the occupiers : and before any apartment in the actual occupancy of any woman, who according to custom does not appear in public, is entered under this Act, notice shall be given to her that she is at liberty to withdraw, and reasonable facility shall be afforded to her for withdrawing.

When any notice under this Act requires any act to be done for which no time is fixed by this Act, it shall fix a reasonable time for doing the same.

Authentication, service and validity of notices. (1) Every notice issued by a committee under this Act or under any rule or bye-law shall be in writing, signed by the president, vice-president, secretary or assistant secretary, or by the members of any sub-committee specially authorised by the committee in that behalf, and every such notice and every order made under Section 193 may be served on the person to whom it is addressed, or delivered or left at his usual place of abode or business with some adult male member or servant of his family or if it cannot be so served, may be affixed to some conspicuous part of this place of abode or business. Provided that such notice may be signed by the Medical Officer of Health when it is issued by the committee under any section of this Act under which power may be delegated to the Municipal Officer of Health under clause (b) of Section 33 and has been so delegated. (2) When the place of abode or business of the person to whom notice is addressed is not within the limits of the municipality, the notice may be served by posting it in a registered cover addressed to his usual place of abode. (3) If the owner of any property has no place of abode or business within the municipality, every such notice addressed to him as such owner may be served on the occupier. (4) When the place of abode or business of the occupier of any property is not known every such notice addressed to him as such occupier may be served by affixing it to some conspicuous part of the property. (5) No notice issued by the committee under this Act or under any rule or bye-law shall be invalid for defect of form.

Service when owners and occupiers are different persons. Whenever it is provided by this Act that any notice may be given to the owner or occupier of any land or building, and the owner and occupier are different persons, such notice shall be given to the one of them primarily liable to comply with such notice, and in case of doubt to both of them: Provided that in any such case, where there is no owner resident within the municipality, the delivery of such notice to the occupier shall be sufficient.

Mode of giving notice to owners or occupier of property. When any notice is under the provisions of this Act to be given to or served on the owner or occupier of any property and he is unknown, it may be given or served - (a) by delivering a written notice to some person on the property, or should there be no person on the property to whom it can be delivered, by affixing it to some conspicuous part of the property; or (b) by putting into the post a pre-paid letter containing a written notice and addressed by the description of the "owner or "occupier" of the property naming it in respect of which the notice is given, without further name or description.

Publication of public notices. Every public notice given by a committee under this Act or any rule or bye-law shall be published by proclamation or in such other manner as the State Government may, by rule, direct.

Penalty for disobedience of orders of committees. Whoever disobeys any lawful direction or prohibition given by the committee by public notice under this Act or any written notice lawfully issued by it thereunder, or fails to comply with the conditions subject to which any permission was given by the committee to him under those powers shall, if the disobedience or omission is not an offence punishable under any other section, be punishable with fine which may extend to five hundred rupees, and in the case of a continuing breach, with a further fine which may extend to five rupees for every day after the first during which the breach continues: 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.

Power of committee in the event of non-compliance. Whenever the terms of any notice have not been complied with, the committee may, after six hours’ notice, by its officers, cause the act to be done.

Penalty for obstruction. Any person wifully obstructing the committee, or any officer or servant of the committee, or any person authorised by the committee, in the exercise of the powers conferred by this Act, shall be punishable with fine which may extend to five hundred rupees.

Recovery of costs of execution. (1) Where, under this Act, the owner or occupier of property is required by the committee to execute any work and default has been made in complying with the requirement, and the committee has executed the work, the committee may recover the cost of the work from the person in default. (2) As between themselves and the committee both owner and occupier shall be deemed to be in default for the purposes of this section, but that one of them shall be deemed to be primarily in default upon whom, as between landlord and tenant, the duty of doing the required act would properly fall either in pursuance of the contract of tenancy or by- law. (3) When the person primarily in default is the owner and the committee has recovered the whole or any part of the cost from the occupier, or he has paid the same upon its demand, he may deduct the sum so recovered or paid from the rent from time to time becoming due from him to the owner, or otherwise recover it from such owner: Provided that no occupier shall be required to pay under sub-section (3) any sum greater than the amount for the time being due from him to the owner, either in respect of rent due at the date of such demand as aforesaid or thereafter accruing, unless he has refused on application to him by the committee truly to disclose the amount of his rent and the name and address of the person to whom it is payable; but the burden of proof that the sum so demanded by the committee from the occupier exceeds the rent due at the time of the demand, or which has since accrued due, shall lie on the occupier. (4) All money recoverable by a committee under this section may be recovered either by suit or on application to a magistrate having jurisdiction within the municipality, by distress and sale of the movable property of the person from whom the money is recoverable, and if payable by the owner of the property shall, until it is paid, be a charge on the property. (5) Nothing in this section affect any contract between an owner and on occupier. (6) Where under Section 113 or Section 114 the committee has executed any work, the cost thereof may be recovered from the owner or occupier in connection with work done under Section 113, and from the owner in connection with work done under Section 114, in the manner herein provided for the recovery of cost of work from a defaulting owner or occupier and subject to the provisions herein contained.

Reliefs to agents and trustees. (1) When any person, by reason of his receiving or being entitled to receive the rent of immovable property as agent or trustee of a person or society, would, under this Act, be bound for discharge any obligation imposed by this Act, on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, in his hand funds belonging to the owner sufficient for the purpose. (2) The burden of proving the fact entitling an agent or trustee to relief under this section shall lie on him. (3) When any agent or trustee has claimed and established his right to relief under this section, the committee may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf or for the use of the owner, and should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.

Payment of compensation. (1) The committee may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the committee, its officers and servants under this Act, and shall make such compensation where the damage was caused by the negligence of the committee, its officer or servants and the person sustaining the damage was not himself in default in the matter in respect of which the power was exercised. (2) Should any dispute, for the settlement of which no express provision is made by any other section, arise touching the amount of any compensation which the committee is by this Act required to pay or empowered to receive for injury to or in respect of any building or land, it shall be settled in such manner as the parties may agree, or in default of agreement, in the manner provided by the Land Acquisition Act, 1894, with reference to the acquisition of and payment of compensation for land for public purposes so far as it can be made applicable.

Appeals from order of committee. (1) Any person aggrieved- (a) by the refusal of a committee under Section 193 to sanction the erection or re-erection of a building, or (b) by a notice from a committee under Section 171 requiring a street to be drained, levelled, paved, flagged, metalled or providing with proper means of lighting, or declaring a street to be public street, or (by a notice from the Executive Officer) under Section 195 requiring the alteration or demolition of a building, or (c) by any order made by a committee or any Executive Officer under the powers conferred upon it by Sections 107, 116, 121, 123 or 124 may appeal within thirty days, from the date of such prohibition, notice or order to such officer as the State Government may appoint for the purpose of hearing such appeals or any of them, or, failing such appointment, to the Deputy Commissioner; and no such refusal, notice or order shall be liable to be called in question otherwise than by such appeal: (2) The appellate authority may, if it shall think fit, extend the period allowed by sub-section (1) for appeal. (3) The order of the appellate authority confirming, setting aside or modifying the refusal, notice or order appealed from shall be final; Provided that the refusal, notice or order shall not be modified or set aside until the appellant and the committee have had reasonable opportunity of being heard.

Prosecution to be suspended in certain cases. When any order of the kind specified in the Section 107, Section 123 and Section 219 is subject to appeal, and an appeal has been instituted against it, all proceedings to enforce such order and all prosecutions for any breach thereof shall be suspended pending the decision of the appeal, and if such order is set aside on appeal, disobedience thereto shall not be deemed to be an offence.

Appeal from certain orders. Every order of the forfeiture under Sections 165 and every order under Section 166 or Section 210 shall be subject to appeal to the next superior court, but shall not be otherwise open to appeal.

Authority for prosecution. Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act or any rule or any bye-law thereunder, except on the complaint of or upon information received from the

Power of compound offences. Explanation. The committee or its Executive Officer may authorise any person and shall be deemed to have authorized any person appointed to this end by the State Government to make complaints or to give information, without previous reference to the committee, either generally in regard to all offences against this Act and the rules or bye-laws thereunder, or particularly in regard only to specified offence or offences of a specified class. The person authorized may be authorized of office; if he is president, vice- president, Medical Officer of Health or Secretary of the committee, or officer in charge of a police station; in other cases the authority must be personal. The authority must in all case, be in writing, and may at any time be cancelled by the committee. (1) The committee or with the authorization of the committee its president, vise-president, Executive Officer, Medical officer of Health or Secretary, or any sub-committee thereof, may accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act or any rule or bye-law, a sum of money by way of compensation for such offence. (2) On payment of such sum of money the suspected person if in custody shall be discharged, and no further proceedings shall be taken against him in regard to the offence or alleged offence so compounded for. (3) Sums paid by way of composition under this section shall be credited to the municipal fund. (4) Authorization under sub-section (1) to accept composition for alleged offences may be given by the committee either generally in regard to all offences under this Act and the rules and bye-laws, or particularly in regard only to specified offences or offences of a specified class, and may at any time be withdrawn by the committee. (5) If the committee has not authorized any of the officers specified in sub-section (1), it shall if so required by the Deputy Commissioner give such authorization to any of the officers specified in sub-section (1), and shall not withdraw authorisa- tion given on such requisition without the sanction of the Deputy Commissioner.

No judge or magistrate shall be deemed to be a party to, or personally intrested in, any prosecution for an offence punishable under this Act or any rule or by-law, or under any other law, within the meaning of section 556 of the Code of Criminal Procedure, 1898, by reason only that he is member of the committee by the order, or under authority of which it has been instituted.