section 67
Nuisance
The Gangtok Municipal Corporation Act, 197567.(1) The powers conferred by the Chapter shall be in addition and not in derogation of any powers conferred by the other prosions of this Act. (2)(a) the condition of— (i) any premises or part thereof of such a construction or in such a state or so situated or so dirty as to be a cause of annoyance to the inmates thereof, the neighbours or the public or injurious or dangerous to health or unsafe, including places infected by, or providing haunts for mosquitoes or mosquito-larvae, flies or fly maggots, hookworm larvae or ova, or rats or other noxious animals or insects and thereby liable to favour the spread of infectious disease; (ii) any street, tank, pool, ditch, gutter, water course, sink, cistern, water-closet, earth-closet, privy, urinal, cess-pool, drain, dung pit or ash-pit so foul or in such a state or so situated as to be a cause of annoyance to the inmates of the premises, the neighbours or the public, or injurious or dangerous to health; (iii) any premises by reason of abandonment of disputed ownership or for any other reason unoccupied and thereby become a resort of idle and disorderly person; (iv) any school, factory, workshop or other trade premises so unclean as to be a cause of annoyance to the inmates, the neighbours or the public, or injurious to health, or not so ventilated as to render harmless, as far as practicable, all gases, vapours, dust or other impurities, generated in the course of the work carried on therein, that are a cause of annoyance to the inmates, the neighbours or the public or injurious to health, or so overcrowded as to be injurious to the health of the persons therein engaged or employed, or not provided with sufficient and suitable privy or urinal accomodation; (v) any offensive trade or business so carried on as to be injurious to health or offensive to the public; (vi) any well, tank or other water-supply injurious or dangerous to health; (vii) any stable, cowshed or other building or enclosure in which any animal or animals are kept in such a manner or in such numbers as to be a cause of annoyance to the inmates of the premises, the neighbours or the public or injurious or dangerous to health; (viii) any burial or burning-ground which in the opinion of the Corporation is injurious or dangerous of likely to be injurious or dangerous to health of persons living in the neighbourhood or to the public or offensive to such persons; (ix) any accuaulation or deposit, including any deposit of animal or vegetables or animal refuse, which tis offensive to the neighbours or to the public or injurious or dangerous to health or any deposit of offensive matter, refuse or offal or manure within fifty yards of any public street, whereever situated; and (b) any act, omission, condition or thing which the State Government by shall declare to be a nuisance, or which after due inquiry by the Corporation on the complaint of two or more persons residing in the neighbourhood is found by the Corporation to be a cause of annoyance to the neighbours or to the inmates of the premises affected or to the public or to be dangerous or injurious to health; shall be deemed to be a nuisance liable to be dealt with under the provisions of this Chapter: Provided that no nuisance shall be deemed to have been committed in respect of any accumulation or deposit necessary for the effectual carrying on of any business, trade or manufacture, if it be proved to the satisfaction of the Court that the accumulation or deposit has not been kept longer than is necessary for the purpose of the business, trade or manufacture and that the best available means have been taken for preventing injury or danger thereby to the public health.—
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