Chapter IX Chapter IX

(1) The committee may set apart suitable places for the purposes of bathing and may specify the times at which, and the sex of the persons by whom, such places may be used, and may also set apart suitable places for washing animals or clothes, or for any other purposes connected with the health, cleanliness or comfort of the inhabitants ; and may, by public notice, prohibit bathing or washing animals or clothes, in any public place not so set apart, or at times or by persons other than those specified, and any other act by which water in public places may be rendered foul or unfit for use, and may charge fees for the use of such places by any specified class or classes of persons or by the public generally. (2) The committee may fix, by notice, places at which articles of clothing, bedding ; or other articles which have been exposed to infection shall be washed, and, no person shall wash any such article at any place not so fixed.

Powers in respect of burial and burning places. (1) The committee may by public notice order and, if so directed by the State Government shall within one month of the notification of such direction be deemed to have ordered, any burial or burning ground situate within municipal limits or within one mile thereof which is certified by the Medical Officer of Health to be dangerous to the health of persons living in the neighbourhood to be closed, from a date to be specified in the notice, and shall in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose. (2) Private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the committee may impose in this behalf : Provided that the limits of such burial places, are sufficiently defined, and that they shall only be used for the burial of members of the family of the owners thereof. (3) No burial or burning ground, whether public or private, shall be made or formed after the commencement of this Act, except with the sanction in writing of the committee which shall not be granted unless the Medical Officer of Health has certified in writing for the information of the Committee that such burial or burning ground is not prejudicial to public health : Provided that no such burial or burning ground shall be made or formed except with the sanction of the State Government. (4) Should any person, without the permission of the committee, bury or burn, or cause or permit to be buried or burnt, any corpse at any place which is not a burial or burning ground or in any burial or burning ground made or formed contrary to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to fifty rupees.

(1) The committee may, by public notice, prescribe routes for the removal of corpses to burial or burning places. (2) Whoever carries a corpse along a route prohibited by the committee, or in a manner likely to cause annoyance to the public, shall be punishable with fine which may extend to ten rupees.

Disposal of mad and stray dogs and other animals. (1) The committee may- (a) authorise any person- (i) to destroy, or cause to be destroyed, or confine, or cause to be confined for such period as the committee may direct, any dog or other animal suffering, or reasonably suspected to be suffering from rabies, or bitten by any dog or other animal suffering or suspected as aforesaid; (ii) to confine, or cause to be confined, any dogs found wandering about streets or public places without collars or other marks distinguishing them as private property and charge a fee for such detention and destroy or otherwise dispose of any such dog if it is not claimed within one week, and the fee paid ; (b) issue a temporary or standing order that any dog without collars or other marks distinguishing them as private property, found straying on the streets or beyond the enclosures of the houses of the owners of such dogs may be destroyed and destroy or cause them to be destroyed accordingly. Public notice shall be given of any such order. (2) No damages shall be payable in respect of any dogs or other animal destroyed or otherwise disposed of under this section.

Whoever, being the owner or person in charge of any dog, neglects to restrain it so that it shall not be at large in any street without a muzzle- (a) if such dog is likely to annoy or intimidate passengers, or (b) if the committee has by public notice during the prevalence of rabies directed that dogs shall not be at large without muzzles. shall be punishable with fine which may extend to twenty rupees.

Control of elephants, bears or camels. Whoever, being in-charge of any elephant, camel or bear, omits on being requested to do so to remove as far as may be practicable his elephant, camel or bear, to a safe distance of a horse whether ridden or driven, shall be punishable with fine which may extend to twenty rupees.

Taking elephants along public roads. Whoever, contrary to any orders of the committee, takes an elephant along a street, shall be punishable with fine which may extend to twenty rupees.

Power to require buildings, wells, tanks, etc., to be secured. Should any building, or any well, tank, reservoir, pool, depression or excavation be, for want of sufficient repair, protection or enclosure, dangerous to the persons dwelling or working therein or in the neighbourhood or to persons passing by, the committee may, by notice, require the owner or occupier thereof to repair, protect or enclose the same and should it appear to it to be necessary in order to prevent imminent danger, it shall forthwith take such steps to avert the danger as may be necessary.

Should any buildings, wall or structure, or anything affixed thereto, or any bank or tree, be deemed by the committee to be in a ruinous state or in any way dangerous, or there be any fallen building or debris or other material which is unsightly or is likely to be in any way injurious to health, it may by notice, require the owner thereof either to remove the same or to cause such repairs to be made to the buildings, wall, structure or bank, as the committee may consider necessary for the public safety, and should it appear to be necessary in order to prevent imminent danger, the committee shall forthwith take such steps, at the expense of the owner, to avert the danger as may be necessary.

Should the owner, part owner or occupier of any building or land suffer the same to be in a filthy or unwholesome state, the committee may, by notice, require him within twenty-four hours to cleanse the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state and if it appears to be necessary for sanitary purpose to do so, may at any time by notice, direct the occupier of any building to lime-wash or otherwise cleanse the said building inside and outside in the manner and within a period to be specified in the notice.

Should any building, or any part of any building appear to the committee to be unfit for human habitation in consequence of the want of proper means of drainage or ventilation or any, sufficient reason, the committee may by notice prohibit the owner or occupier thereof from using the same for human habitation, or suffering it to be so used until if has been rendered fit for such use to the satisfaction of the committee, and no such owner or occupier shall inhabit such building or suffer it to be inhabited until the committee shall have informed in writing the owner or occupier that the prohibition has been withdrawn.

The committee may, by notice, require the owner or occupier of any land to clear away and remove any thick vegetation or undergrowth which may appear to the committee to be injurious to health or offensive to the neighbourhood.

The committee may, by notice, require the owner or occupier of any land to cut or trim within three days the hedges growing thereon and bordering on any street or any branches of trees growing thereon which overhang any street and obstruct the same or cause danger, or which so overhang any well tank or other source from which water is derived for public use as to be likely to pollute the water thereof or are in any way offensive or injurious to health.

Power to require untenanted building becoming a nuisance to be secured or enclosed. The committee may, by notice, require the owner or partowner, or person claiming to be the owner or part owner of any building or land which by reason of abandonment or disputed ownership or other cause has remained untenanted and become a resort of idle and disorderly persons or otherwise a nuisance to secure or enclose the same within a reasonable time fixed in this notice.

(1) If the Medical Officer of Health certifies that the cultivation of any description of crop or the use of any kind of manure or the irrigation of land in any specified manner,- (a) in any place within the limits of any municipality is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood ; or (b) in any place within or beyond the limits of any municipality is likely to contaminate the water supply of such municipality or otherwise tender it unfit for drinking purposes; the committee may prohibit the cultivation of such crop, the use of such manure or the employment of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent such injury or contamination: Provided that if it is notified by the State Government that the cultivation of such crop, the use of such manure, or the employment of such method of irrigation is prohibited or conditions are imposed with respect thereto, the committee shall be deemed to have ordered such prohibition, or imposed such conditions and shall issue notice in accordance with the notification: Provided also that, when on any land to which such prohibition applies the act prohibited has been practised during the five years next preceding the prohibition in the ordinary course of husbandry, compensation shall be paid from the municipal fund to all persons interested therein for any damage caused to them by the effect of such prohibition. (2) Should any person fail within six months from the date of its service to comply with a prohibitory notice issued under sub-section (1), he shall be punishable with fine which may extend to fifty rupees and with a further fine which may extend to five rupees for every day during which the offence is continued.

Regulation of offensive and dangerous trade. (1) No place within a municipality shall be used for any of the following purposes:- melting tallow, dressing raw hides boiling bones, offal or blood, as a soap house, oil boiling house, dyeing house or tannery ; as a brickfield, brick-kiln charcoal-kiln, pottery or lime kiln; as any other manufactory, engine-house, storehouse or place of business from which offensive or unwholesome smell, gases, noises or smoke arise; as a yard or depot for trade in unslaked lime hay, straw, thatching grass, wood, charcoal or coal, or other dangerously inflammable material; as a store-house for any explosive or for petroleum or any inflammable oil or spirit: except under a license from the committee which shall be renewable annually: Provided that no such license shall be necessary in the case of any such premises which were used for any such purposes at the time that the Punjab

Prohibition of cinematographs and dramatic performances except in licensed premises. (1) No exhibition of pictures or other optical effects by means of a cinematograph or other similar apparatus for the purpose of which inflammable films are used, and no public dramatic or circus performance or pantomine, shall be given in any municipality elsewhere than in premises for which a license has been granted by the committee under this section. (2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes part in any public dramatic or circus performance or pantomine, or if the occupier of any premises allows those premises to be used, in contravention of the provisions of this section or of any condition of a license granted under this section he shall be liable to a fine not exceeding two hundred rupees and in the case of a continuing offence, to a further penalty of fifty rupees for each day during which the offence continues, and the licence if any shall be liable to be revoked by the committee.

Power to prohibit such trades. (1) Whenever it appears that any place registered or licensed under the preceding sections is a nuisance to the neighbourhood or likely to be dangerous to life, health or property, the committee may, and if so required by the State Government shall, by notice require the occupier thereof to discontinue the use of such place, or to effect such alterations, additions or improvements as will, in the opinion of the committee, render it no longer a nuisance or dangerous. (2) Whoever, after any notice has been given under this section, uses such place or permits to be used in such a manner as to be a nuisance to the neighbourhood or dangerous, or does not effect such alterations, additions or improvements, shall be punishable with fine which may extend to two hundred rupees and with a further fine not exceeding fifty rupees for every day during which the offence is continued.

Use of steam whistles, etc. (1) No person shall use or employ in any factory or other place any whistle or trumpet or any other mechanical contrivance which emits an offensive noise for the purpose of summoning or dismissing workmen or persons employed, nor shall any person by means of any contrivance increase the noise emitted in any such factory or place by the exhaust pipe of any engine, without the written permission of the committee, in granting which, the committee may impose such conditions as it may deem proper, restricting the times at which such whistle or trumpet, or other contrivance may be used. (2) The committee may on giving one month’s notice revoke any permission given under sub-section (1). (3) Whoever, in contravention of the provisions of this section, uses or employs any whistle, trumpet or other contrivance, shall be punishable with a fine which may extend to fifty rupees, and with a further fine which may extend to five rupees for every day during which the offence is continued.

Provisions of drains, privies, etc. (1) The committee may, by notice require the owner of any building or land to provide, move or remove any drain, privy, latrine, urinal, cesspool or receptacle for filth or refuse, or provide any additional drains, privies, latrines, urinals, cesspools or other receptacles as aforesaid which should in its opinion be provided for the building or land, in such manner and of such pattern as the committee may direct. (2) The committee may, by notice, require any person employing more than twenty workmen or labourers to provide such latrines and urinals as it may think fit and to cause the same to be kept in proper order to be daily cleaned; (3) The committee may, by notice, require the owner or occupier of any building or land to have any privy, latrine or urinal provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or to remove or alter, as the committee may direct, any door or trap-door or a privy, latrine or urinal opening on to any street or drain. (4) The committee may, and when required by the State Government, shall provide latrines and urinals for the use of public.

Repair and closing of drains, privies, latrines, urinals and cesspools. (1) The committee may, by notice, require the owner or occupier of any building or land to repair, alter or put in good order any drain, privy, latrine, urinal, cesspool or receptacle for any filth or refuse or to close any drain, privy, latrine, urinal or cesspool belonging thereto. (2) The committee may, by notice, require any person who may construct any new drain, privy, latrine, urinal cesspool or receptacle for filth or refuse without its permission in writing or contrary to its directions or regulations or the provisions of this Act, or who may construct, rebuild or open any drain, privy, latrin, urinal, cesspool or receptacle for filth or refuse which it has ordered to be demolished or stopped up or not to be made, to demolish the drain, privy, latrine, urinal, cesspool or receptacle, or to make such alteration therein as it may think fit.

Unauthorised building over drain, etc. The committee may, by notice, require any person who without its permission in writing may newly erect or rebuild any building over any sewer, drain, culvert, water-course or water- pipe vested in the committee to pull down or otherwise deal with same as it may think it.

Removal of latrines, etc., near any source of water supply. (1) The committee may, by notice, require any owner or occupier on whose land any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse for the time being exists within fifty feet of any spring, well, tank, reservoir or other source from which water (1) The committee may, by notice, require the owner or occupier of any building or land to close, remove, alter, repair, trans-pose, or keep in good order any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse pertaining to such building or land, or to remove or alter any drain or other work in either case which is in such a condition as to cause a nuisance or is so constructed as to afford means of communication to disease or which is constructed in contravention of any municipal rule or bye-law or order and to use the same in such manner as the committee thinks fit, or where such drain, privy, latrine, urinal, cesspool or receptacle is or may be derived for public use, to remove or close the same within one week from the service of such notice. (2) Whoever, without the permission of the committee, makes or keeps for a longer time than one week, after notice under this section any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse, within fifty feet of any spring, well, tank, reservoir, or other source from which water is or may be derived for public use, shall be punishable with fine which may extend to fifty rupees, and, when a notice has issued with a further fine not exceeding five rupees for each day during which the offences is continued after the lapse of the period allowed for removal.

Discharging sewerage. Whoever without the permission of the committee, causes or knowingly or negligently allows the contents of any sink, sewer or cesspool or any other offensive matter to flow, drain or be put upon any street or public place, or into any irrigation channel or any sewer or drain not set apart for the purpose, shall be punishable with fine which may extend to five hundred rupees.

Making or altering drains without authority. Whoever, without the permission of the committee, makes or causes to be made, or alters or causes to be altered, any drain leading into any of the sewers or drains vested in the committee shall be punishable with fine which may extend to five hundred rupees.

Power to require removal of nuisance arising from tanks and the like. The committee may, by notice, require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off any private well, tank, reservoir, pool, depression or excavation therein which may appear to the committee to be injurious to health or offensive to the neighbourhood : Provided that if for the purpose of affecting any drainage under this section it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person, the committee shall provide such land or pay such compensation.

Power of committee to lay or carry wires, pipes, drains, or sewers through private land subject to payment or compensation for damage sustained provided that no nuisance is created. The committee may carry any cable, wire, pipe, drain, sewer or channel of any kind, for the purpose of establishing telephonic or other similar communication or of carrying out and establishing or maintaining any system of lighting, drainage or sewerage, through, across, under or over any road, street, or place laid out as or intended for a road or street, and after giving reasonable notice in writing to the owner or occupier, into, through, across, under, over or up the side of any land or building whatsoever situate within the limits of the municipality, and, for the purpose of the introduction, distribution of outfall of water or for the removal or outfall of sewerage without such limits, and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer, or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used. Provided that no nuisance more than is necessary caused by the proper execution of the work is created by any such operation; and Provided further that reasonable compensation shall be paid to the owner occupier for any damage at the time retained by him and directly occasioned by the carrying of any such operations.

Provision as to wires, pipes, drains or sewers laid or carried above surface of ground. In the event of any cable, wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through; over or up the side of any building, such cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building, and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.

Except in cases which Sections 203 and 205(c) relate the committee shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing any operations under Section 132.

(1) No person shall, without the permission of the committee, at any time make, or cause to be made, any connection or communication with any cable, wire, pipe, ferrule, drain, sewer or channel constructed or maintained by or vested in the committee for any purpose whatsoever. (2) Any person acting in contravention of the terms of sub-section (1) shall be punishable with a fine not exceeding five hundred rupees.

Connection may be made or required by the committee in the case of sewerage. The committee may at any time, establish any connection or communication from any water-main, drain or sewer to any premises, or may by notice require the owner of any such premises to establish any such connection or communication, in such manner and within such times as the committee, by notice in that behalf, may prescribe, at the cost of such owner or occupier.

The committee may prescribe the size of the ferrules to be used for the supply of gas, and may establish meters or other appliances for the purpose of testing the quantity or quality of any gas or electricity for the use of any person or business.

The ferrules, communication pipes, connection, meters, stand-pipes and all fittings thereon or connected therewith, leading from mains or service cables, wires, pipes, drains, sewers or channels into any house or land and the wires, pipes, fittings and works inside any such house or within the limits of any such land, shall in all cases be executed subject to the inspection and to the satisfaction of the committee.

Rates and charges may be fixed. The committee may, from time to time, fix the charges to be made for the establishment by them or through their agency of communications from and connections with mains or service cables, wires and pipes for the supply of lighting, telephonage, or gas and for meters or other appliances for testing the quantity or quality thereof supplied, and may levy such charges accordingly.

(1) The committee may, by notice, require the owner of any building or land in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying water and sullage from the buildings or land and for discharging the same so as not to inconvenience persons passing along the street. (2) For the purpose of efficiently draining any building or land the committee may by notice in writing. (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or part-owner of such buildings with such materials and in such manner as may be approved by the committee, and (b) require such paving to be kept in proper repair.

Information to be given of cholera, small pox, etc. Whoever- (a) being a medical practitioner or a person openly and constantly practising the medical profession, and in the course of such practice becoming cognizant of the existence of any infectious disease in any dwelling other

Removal to hospital of patients suffering from infectious diseases. (1) In any municipality to which this section may at any time be extended by the State Government, when any person suffering from any infectious disease is found to be-(a) Without proper lodging or accommodation, (b) living in a sarai hotel, boarding house or other public hostel, or (c) living in a room or house which he neither owns nor pays rent for, nor occupies as the guest or relative of any person who owns or pays rent for it, or (d) lodged in premises occupied by members of two or more families and any of such occupiers objects to his continuing to lodge in such premises, the committee, by any person authorized by it in this behalf, may, on the advice of any medical officer of rank not inferior to that of an assistant surgeon, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment, and may do anything necessary for such removal. (2) The committee shall, if required by the State Government erect an infectious diseases hospital of such type and dimensions as the State Government shall deem expedient.

Disinfection of buildings and articles. If the committee is of opinion that the cleansing or disinfecting of a building or any part thereof, or of any article therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, it may, by notice, require the owner or occupier to cleanse or disinfect the same, or to destroy such article, in the manner and within the time prescribed in such notice.

Penalty for letting infected houses. Every person knowingly letting a house or other building or part of a house or building in which any person has been suffering from an infectious disease, without having such house or other building or part thereof and all articles therein liable to retain infection disinfected to the satisfaction of the committee shall be liable to a penalty not exceeding two hundred rupees. For the purpose of this section a hotel or lodging house keeper shall be deemed to let part of his house to any person admitted as a guest into his hotel or lodging-house.

The committee may, and when the State Government so directs, shall-(a) provide proper places, with all necessary attendants and apparatus, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection ; and (b) cause conveyances, clothing or other articles brought for disinfection to be disinfected free of charge or subject to such charges as may be approved by it, and (c) direct any clothing, bedding, or other articles likely to retain infection to be disinfected or destroyed, and shall give compensation for any articles destroyed under this sub-section.

Acts done by persons suffering from certain disorders. Whoever, while suffering from an infectious, contagious or loathsome disorder-(a) makes or offers for sale any articles and food or drink for human consumption or any medicine or drug, or (b) wilfully touches any such article, medicine or drug, when exposed for sale by others, or (c) takes any part in the business of washing or carrying soiled clothes, shall be punishable with fine which may extend to twenty rupees.

Whoever keeps any swine or other animals in disregard of any orders which the committee may give to prevent them from becoming a nuisance or so as to be injurious to the health of the inhabitants or of animals shall be punishable with fine which may extend to twenty rupees, and to fifty rupees for every such subsequent offence.

Whoever feeds or allows to be fed any animals which is kept for dairy purposes or may be used for food on deleterious substances, filth or refuse of any kind, shall be punishable with fine which may extend to fifty rupees.

Prohibition by committee of use of unwholesome water. Should the committee, on the report of the medical officer or health, consider that the water in any well, tank or other place is likely, if used for drinking, to engender or cause the spread of any dangerous disease, it may-(a) by public notice prohibit the removal or use of such water for drinking ; (b) by notice require the owner or person having control of such well, tank or place to take such steps as may be specified in the notice to prevent the public from having access to or using such water ; or (c) take such steps as it may, on the advise of the medical officer of health consider expedient to prevent the danger or spread of any such disease.

(1) Whoever sells, to the prejudice of any purchaser, any article of food or drink which is not of the nature, substance or quality of the article demanded by such purchaser, shall be punishable with fine which may extend to one hundred rupees : Provided that an offence shall not be deemed to be committed under this section in the following cases, that it to say-(a) where any matter or ingredient not injurious to health has been added to food or drink in order to the production or preparation of the same as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight or measure or conceal the inferior quality thereof; (b) where food or drink is unavoidably mixed with some extraneous matter in the process of collection or preparation. (2) In any prosecution under this section it shall be no defence to allege that the vendor was ignorant of the nature, substance or quality of the article sold by him, or that the purchaser, having bought such article only for analysis, was not prejudiced by the sale ; Provided that this section shall not apply to those areas to which the State Government has directed or may direct that the Punjab Pure Food Act, 1929 shall apply.

Soliciting alms. (1) Whoever, in any street or public place within the municipality, begs importunately for alms, or exposes, or exhibits with the object of exciting charity, any deformity or disease, or any offensive sore or wound, shall be punishable with imprisonment of either description, which may extend to three months, or with a fine not exceeding fifty rupees, or with both, provided that- (a) in the case of a first offence, the Court may, if it thinks fit, instead of sentencing the convict to any punishment release him after due admonition; (b) in any case, the court may, if it is satisfied of the inability of the convict to earn a livelihood, owing to physical infirmity or debility and if the person-in-charge of any poor house in the municipality certifies that he is willing to receive him, direct that the convict be received into such poor house, after being released on entering into a bond, with or without sureties, to appear and receive sentence, when called upon during such period, not exceeding three years as the court may direct. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this section shall be cognizable ; and notwithstanding anything contained in this Act, a court may take cognizance of such an offence in the manner provided by Section 190 of the Code of Criminal Procedure, 1888.

Power over disorderly houses and prostitutes. (1) The committee may by public notice, prohibit in any specified part of the municipality-(a) the keeping of a brothel ; (b) the residence of any person who practices prostitution. (2) Whoever after the date specified in the public notice issued under sub-section (1)-(a) keeps or manages or acts or assists in the management of a brothel within the prohibited area ; or (b) being the tenant, lessee or occupier of any premises knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution within the prohibited area ; or (c) being the lessor or landlord, of any premises, or the agent to such lessor or landlord, lets the same or any part thereof, within the prohibited area with the knowledge that such premises or some part thereof are, or is used as a brothel or for the purposes of habitual prostitution, or is wilfully a party to the continued use of such premises as a brothel or for the purposes of habitual prostitution ; or (d) being a practising prostitute resides within the prohibited area ; shall be punishable with imprisonment of either description, for a term which may extend to one month, or with fine which may extend to one hundred rupees or with both, and in the case of a continuing offence with an additional fine not exceeding ten rupees for every day after the first during which the offence continues

On the complaint of the committee or of three or more inhabitants of a municipality that a house within the limits of the municipality is used as a brothel or by disordely persons of any description to the annoyance of the respectable inhabitants of the vicinity or that any such house is used as a brothel in the neighbourhood of cantonment or of an educational institution or boarding house or of any place of worship any magistrate of the 1st class having as such jurisdiction in the place where the house is situated may summon the owner or tenant of the house and on being satisfied that the house is so used and that it is a source of annoyance or offence to the neighbours, or that it is in the neighbourhood of a cantonment or of an educational institution or boarding-house, or of any place of worship, may order the owner or tenant to discontinue such use of it and if he shall fail to comply with such order within five days, may impose upon him a fine not exceeding twenty-five rupees for every day thereafter that the house shall be so used.

Removal and deposit of offensive matters. The committee may fix places within or, with the approval of the District Magistrate, beyond the limits of the municipality for the deposit of refuse, rubbish or offensive matter of any kind or for the disposal of the dead bodies of animals, and may by public notice give directions as to the time, manner and conditions at, in and under which such refuse, rubbish or offensive matter or dead bodies of animals may be removed along any street and deposit at such places.

Failure to remove offensive matter. Whoever, being the owner or occupier of any building or land, keeps or knowingly or negligently allows to be kept for more than twenty-four hours on otherwise than in some proper receptacle or pit, any dirt, dung, bones, ashes, night-soil or filth or any noxious or offensive matter in or upon such building or land, or suffers any such receptacle or pit to be in a filthy or noxious state, or neglects to employ proper means to cleanse and purify the same, shall be punishable with fine which may extend to five hundred rupees.

Depositing or throwing of earth or material of any description on roads or into drains. Whoever, without the permission of the committee or in disregard of its order, throws or deposits, or permits his servants or members of his household under his control to throw or deposit earth or materials of any description, or refuse, rubbish or offensive matter of any kind upon any street or public place or into any irrigation channel or public sewer or public drain or into any drain communicating with an irrigation channel or a public sewer or public drain, shall be punishable with fine which may extend to five hundred rupees.

Nuisance by children and others. Whoever permits any person under his control to whom the provisions of Sections 82, 83 and 84 of the Indian Penal Code are applicable to commit a nuisance upon any street or into any public sewer or drain or any drain communicating therewith shall be punishable with fine which may extend to five hundred rupees.

Definition of house scavenging.

Undertaking by committee of house-scavenging generally. (1) Subject to the provisions hereinafter contained with respect to the customary rights of sweepers the committee may at any time undertake the house- scavenging of any house or building on the application or with the consent of occupier. (2) The committee may by public notice, except in cases to which Section 166 is applicable, undertake the house-scavenging of any house or buildings in the municipality from any date not less than two months after issue of the notice. (3) The occupier of any house or building affected by the notice may at any time, after the issue thereof, apply to the committee to exclude that house or building from the notice. (4) The committee shall consider and pass orders upon every such application within six weeks of the receipt thereof, and may, by any such order, exclude such house or building from the notice. (5) In deciding whether to exclude any house or building from the notice, the committee shall consider among other matters, the efficiency of the arrangements for house-scavenging made by the occupier (if any) and purpose to which he applies the matter dealt within house-scavenging.

Saving in favour of customary sweepers and of agriculturist. Notwithstanding anything in the last forgoing section, the committee shall not except in accordance with the provisions of this chapter - (a) undertake the house-scavenging of any house or building in respect whereof any sweeper has a customary right to do such house-scavenging, (b) without the consent of the occupier undertake the house- scavenging of any house or building occupied by an agriculturist who himself cultivates land within municipal limits or in a village co-terminus therewith.

When once the committee has undertaken the house-scavenging of any house-or building under this chapter, it may continue to perform such house-scavenging with or without the consent of the occupier for the time being of such house or building.

When the committee has undertaken the house-scavenging of any house or building, it shall be bound to perform the same properly, until it shall have relieved itself of the obligation by an order under Section 159, sub-section (4).

Powers of municipal servants for house-scavenging purposes. The servants of the committee employed in house-scavenging may, at all reasonable times, do all things necessary for the proper performance of any house- scavenging undertaken by the committee.

Vesting in committee of collection from house-scavenging. All matters removed by the servants of the committee in the course of house- scavenging shall belong to the committee.

Punishment of customary sweepers for negligence. (1) Should a sweeper who has a customary right to do the house-scavenging of a house or building (hereinafter called the customary sweeper) fail to perform such house- scavenging in a proper way and at reasonable intervals, the occupier of the house or building or the committee may complain to a judicial magistrate. (2) The magistrate receiving such complaint shall hold an enquiry, and, should it appear to him that the customary sweeper has failed to perform the house-scavenging of the house or building in a proper way or at reasonable intervals, he may impose upon such sweepers a fine which may extend to ten rupees, and, upon a second or any later conviction in regard to the same house or building, may also direct the right of the customary sweeper to do the house-scavenging of the house or building to be forfeited, and thereupon such right shall be forfeited accordingly. (3) Should any sweeper (other than a customary sweeper) who is under contract to do the house-scavenging of a house or building discontinue to do such house-scavenging without having given 14 days’ notice to his employer or without reasonable cause, he shall on conviction be punishable with a fine which may extend to ten rupees.

(1) Should any person, who himself or any member of whose family residing with him cultivates land within municipal limits or in a village within two miles from the municipal limits fail to provide for the proper house-scavenging of any house or building occupied by him within the limits of the municipality, the committee may complain to a judicial magistrate. (2) The magistrate receiving the complaint shall hold an enquiry, and, should it appear to him that such person has not provided for the proper house- scavenging of the house or building, he may pass an order empowering the committee to undertake the same, and thereupon the committee shall be entitled to undertake such house-scavenging.

(1) The committee may, and shall when so required by the State Government, fix premises with the approval of the Deputy Commissioner, either within or without the limits of the municipality, for the slaughter of animals for sale, or of any specified description of such animals, and may, with the like approval, grant and withdraw licences for the use of such premises or, if they belong to the committee, charge rent or fees for the use of the same. (2) When such premises have been fixed by the committee beyond municipal limits, it shall have the same power to make bye-laws for the inspection and proper regulation of the same as if they were within those limits. (3) When any such premises have been fixed no person shall slaughter any such animal for sale within the municipality at any other place. (4) Any person who slaughters for sale any animal at any place within a municipality other than one fixed by the committee under this section, if any places have been so fixed, shall be punishable with fine which may extend to five hundred rupees.

(1) Whenever any animal in the charge of any person dies otherwise than by slaughter either for sale or for some religious purpose, the person in charge thereof shall within twenty four hours either- (a) convey the carcass to a place (if any) fixed by the committee under Section 154 for the disposal of the dead bodies of animals or to any place at least one mile beyond the limits of the municipality ; or (b) give notice of the death to the committee whereupon the committee shall cause the carcass to be disposed of. (2) In respect of the disposal of the dead body of an animal under clause (b) of sub-section (1), the committee may charge, such fee as the committee may, by public notice, have prescribed.

Powers in connection with streets. (3) For the purpose of this section the word "animal" shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine and other large animals. (4) Any person bound to act in accordance with sub-section (1) of this section shall, if he fails so to act, be punishable with fine which may extend to five hundred rupees. (a) may lay out and make a new public street and construct tunnels and other works subsidiary thereto, and (b) may widen, lengthen, extend, enlarge, raise, or lower the level of or otherwise improve any existing public street vested in the committee, and (c) may close temporarily any public street or any part thereof for any public purpose, and (d) may turn, divert, discontinue or close any public street so vested, and (e) may provide within its discretion building sites of such dimensions as it deems fit, to abut on or adjoins any public street made, widened, lengthened, extended, enlarged, imposed, or the level of which has been raised or lowered by the committee under clauses (a) and (b) or by the State Government, and (f) subject to the provisions of any rule prescribing the conditions on which property may be acquired by the committee may acquire any land, along with the building thereon, which it deems necessary for the purpose of any scheme of work undertaken or projected in exercise of the powers conferred under the preceding clause, and (g) subject to the provisions of any rule prescribing the conditions on which property vesting in the committee may be transferred, may lease, sell or otherwise dispose of any property acquired by the committee under clause (f) ; or any land vesting in and used by the committee for a public street and no longer required therefor, and in so doing may impose conditions regulating the removal and construction of building upon it and the other uses to which such land may be put: Provided that land owned by proprietors other than the Government shall become the absolute property of the committee after it has continuously vested in the committee for use as a public street for a period of twenty-five years : but that the possession of such land that ceases to be required for use as a public street before the expiry of twenty five years from the time that it became vested in the committee shall be transferred to the proprietor thereof, on payment by him of reasonable compensation to the committee for improvements of such land, and subject to such restrictions as the committee may impose on the future use of such land, and that should the proprietor be unable or unwilling to pay the amount of such compensation the committee may, subject to such conditions as it may deem fit sell the land, and shall pay to the owner the proceeds, if any, over and above the amount of such compensation which shall be paid into the municipal fund, or may dispose of it in such manner as it may deem fit.

Powers to require protection of streets during cutting down of trees, erection or demolition of buildings etc. (1) No person shall cut down any trees or cut off a branch of any tree, or erect or demolish any building or part of a building or alter or repair the outside of any building, where such action is of a nature to cause obstruction, danger or annoyance, or risk of obstruction, danger or annoyance to any person using a street, without the previous permission in writing of the committee. (2) The committee may at any time by notice require that any person doing or proposing to do any of the acts referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains, and provides from sunset to sunrise with sufficient lighting such hoardings or screen as are specified or described in the notice and may further at any time by notice require the removal, within a time to be specified in the notice, of any hoarding or screen erected in anticipation or in pursuance of any of the said acts. (3) Whoever contravenes the provisions of sub-section (1) or fails to comply with the terms of a notice under sub-section (2) shall be punishable with fine which may extend to fifty rupees and when the contravention or non- compliance is a continuing one, with a further fine which may extend to five rupees for every day after the first during which the contravention or non- compliance continues.

Power to require repairs of streets and to declare such streets public. (1) (a) When the municipal committee considers that in any street other than a public street, or in any part of such street within the municipality, it is necessary, for the public health, convenience or safety, that any work should be done for the levelling, paving metaling, flagging channelling, draining, lighting or cleaning thereof, the municipal committee may by written notice require the owner or owners of such street or part thereof, to carry out such work in a manner and within a time to be specified in such notice; and (b) Should the owner refuse or should he fail to carry out the work within the time specified, the committee may, by written notice, require the owners of the land or buildings, fronting, adjoining or abutting upon such street or part thereof to carry out the work in such manner and within such time as may be specified in the notice. (2) If compliance with the terms of the notice issued under clause (b) of sub-section (1) is not effected within the time specified, the committee may, if it thinks fit, itself execute the work and may recover under the provisions of section 81 the expenses incurred in doing so in such proportions as it may deem equitable from the owner of the street and the persons served with a notice under clause (b) of sub-section (1). (3) After such work has been carried out by the person served with a notice under clause (b) of sub-section (1) or as provided in sub-section (2) by the committee at the expense of such persons and the owner of the street, the street or part thereof, in which such work has been done, may, and on the requisition of the owner or owners of the major portion of the said street of part thereof, or on the requisition of a majority of the persons served with a notice under clause (b) of sub-section (1), it shall be declared by a public notice to be put up therein by the committee to be a public street and shall vest in the committee. (4) A committee may at any time, by notice fixed up in any street or part thereof not maintainable by the committee give intimation of their intention to declare the same a public street, and unless within one month next after such notice has been so put up, the owner or any one of several owners of such street or such part of a street lodge objection thereto at the Municipal office, the Municipal Committee may, by notice in writing, put in such street, or such part, declare the same to be a public street vested in the committee. (5) This section shall not take effect in any municipality until it has been specially extended thereto by the State Government, of its own motion or at the request of the committee.

Punishment for immovable encroachment or overhanging structure over street. (1) Whoever without the written permission of the committee erects or re-erects any immovable overhanging structure projecting into a street at any point above the said ground level, shall be punishable with imprisonment of either description which may extend to one month and shall also be liable to fine which may extend to Rs. 1,000. (2) The committee may, by notice require the owner or occupier of any building to remove or alter, within a specified time not exceeding six weeks, such overhanging structure as aforesaid, and no compensation shall be claimable in respect of such removal or alteration: Provided that if a period of more than three years has elasped from the completion of the overhanging structure, no prosecution shall lie under sub-section (1) nor shall such overhanging structure be required to be removed or altered without payment of reasonable compensation.

Power to permit occupation of public street and to remove obstruction. (1) The committee may grant permission in writing, on such conditions as it may deem fit for the safety or convenience of persons passing by, or dwelling or working in the neighbourhood, and may charge fees for such permission, and may at its discretion withdraw the permission, to any person to- (a) place in front of any building any movable encroachment upon the ground level of any public street or over or on any sewer drain or water- course or any movable overhanging structure projecting into such public street at a point above the said ground level, (b) take up or alter the pavement or other materials for the fences or posts of any public street, or (c) deposit or cause to be deposited building materials, goods for sale, or other articles on any public street, or (d) make any hole or excavation on, in or under any street, or remove materials from beneath any street, so as to cause risk of subsidence, or (e) erect or set up any fence, post, stall or scaffolding in any public street. (2) Whoever does any of the acts mentioned in sub-section (1) without the written permission of the committee shall be punishable with fine which may extend to Rs. 500 and the committee or the secretary of the committee or the Medical Officer of Health or any person authorised by the committee may- (i) after reasonable opportunity has been given to the owner to remove his material and he has failed to do so, remove or cause to be removed by the police, or any other agency, any such movable encroachments or overhanging structures and any such materials, goods or articles, of merchandise and any such fence, post, stall, or scaffolding. (ii) and take measures to restore the street to the condition it was in before any such alteration, excavation or damage. (3) If the material specified in clause (i) of sub-section (2) has not been claimed by the owner within a fortnight of its having been deposited for safe custody by the committee or if the owner shall fail to pay to the committee the actual cost of removal or deposit in safe custody, the committee may have the material sold by auction at the risk of the owner, and the balance of the proceeds of such sale shall after deduction of the expenditure incurred by the committee be paid to the owner, or if the owner cannot be found, or refuses to accept payment the balance shall be kept in deposit by the committee until claimed at the risk of the person entitled thereto and if no claim is made within two years the committee may credit the amount to the municipal fund. Explanation:- For the purposes of this section ‘movable encroachment’ includes a seat or settee and ‘movable overhanging structure’ includes an awning of any material.

Power to regulate line of building. (1) Should any house, shop, wall or other building or part of a building project beyond the regular line of a street, either existing or determined on for the future, or beyond the front of the building on either side thereof, the committee may, whenever such house, shop, wall or other building or part thereof, has been either entirely or in greater part taken down or burned down, or has fallen down, by notice require such building or part when being rebuilt to be set back to or towards the said regular line or the front of the adjoining buildings; and the portion of the land added to the street by such setting back or removal shall become part of the street and shall vest in the committee: Provided that the committee shall make full compensation to the owner of the building, or of the land thus vacated for any damage he may sustain in consequence of his building or any part thereof being set back. (2) The Committee may, on such terms as it may think fit, allow any building to be set forward for the improvement of the line of the street.

The committee may subject to the payment of reasonable compensation, by notice, require the owner or occupier of any building within a period of not less than six weeks to be specified in such notice to remove or alter any balcony, projection, structure or verandah, erected with the sanction of the committee, overhanging, projecting into or encroaching on any street or into or on any drain, sewer or aqueduct therein.

The committee may attach to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.

Destroying direction posts, lamp posts. etc. Whoever, without being authorised by the committee, defaces or disturbs any municipal direction-post, lamp post or lamp or extinguishes any municipal light in any public place, shall be punishable with fine which may extend to Rs. 500.

Bill-sticking without permission. (1) Whoever, without the consent of the owner or occupier or other persons for the time being in charge, affixes any posting bill, notice placard or other paper or means of advertisement against or upon any building, wall, tree, board, fence or pale or writes upon, soils defaces or marks any such building, wall, tree, board, fence or pale, with chalk or paint or in any other way whatsoever, shall be punishable with fine which may extend to Rs. 500. (2) Notwithstanding anything contained in section 228 a court may take cognizance of an offence under sub- section (1) of this section upon the complaint of the owner or occupier or other person in charge of the property in respect of which such offence is alleged to have been committed.

Names of streets and number of buildings. (1) The committee may cause a name to be given to any street, and to be affixed on any building in such place as it may think fit, and (2) Whoever shall destroy, pull down or deface any name or number affixed to any street or building under this section, or put up any different name or number from that put up by order of the committee, shall be punishable with fine which may extend to Rs. 500.

The committee may, where it appears to it to be necessary for the prevention of danger to life or property, by public notice, prohibit all persons from stacking or collecting timber, wood, dry grass, straw or inflammable materials, or placing mats or thatched huts of lighting fires in any place or within any limits specified in the notice.

The committee may direct that within certain limits, to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or covered with thatch, inflammable leaves or grass, or other inflammable materials.

Picketing animals and collecting carts. (1) Whoever, without the permission of the committee, pickets animals or collects carts on any street or uses any street as a halting place for vehicles or animals of any description or as a place of encampment or causes or permits animals to stray shall be punishable with fine which may extend to five hundred rupees. (2) Any animal found picked, tethered or straying on any public stree without the permission of the committee may be removed to a pound by any officer or servant of the committee or by a police officer.

Driving vehicles without proper lights. (1) Whoever drives or propels any vehicle not properly supplied with lights in any street during the period from half an hour after sunset to half an hour before sunrise, shall be punishable with fine which may extend to five hundred rupees. (2) Whoever, in driving, leading or propelling a vehicle along a street fails without reasonable excuse- (a) to keep to the left, or (b) when he is passing a vehicle going in the same direction, to keep to the right of that vehicle, shall be liable to a fine which may extend to twenty rupees. Exception- The sub-section shall not apply to a municipality wholly or in part situated in a hilly tract.

Beating drums, etc. Whoever, in contravention of any general or special prohibition issued by the committee, without the permission of the committee, beats a drum or tomtom, blows a horn or trumpet or beats or sounds any brass or other instrument or utensil, shall be punishable with fine which may extend to five hundred rupees. Explanation I. - In the case of bands, each individual member of such band shall be punishable under this section. Explanation II:- For the purposes of this section "instrument shall include a gramophone, a wireless receiver, a loud speaker or any electrically or mechanically operated instrument capable of producing loud noises.

Discharging fire-arms, etc. Whoever discharges fire-arms or lets off fire-works, fire-balloons or detonators, or engages in any game, in such a manner as to cause, or to be likely to cause, danger to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with fine which may extend to five hundred rupee.

Quarrying, blasting, cutting timber or building. Whoever quarries, blasts, cuts timer or carries on building operations in such a manner as to cause, or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood, shall be punishable with fine which may extend to five hundred rupees.

Power to levy fees at fairs. A committee may, with the previous sanction of the Deputy Commissioner, or if the Deputy Commissioner is a member of the committee, of the State Government, levy small fees from each person attending a fair on which the committee incurs expenditure under section 52(2)(j) and from persons exposing goods for sale and all persons playing any occupation for gain (except water-carriers, scavengers and other employed in connection with the fair) for defraying the cost of sanitary arrangements, watch and ward and the like.