The Greater Hyderabad Municipal Corporation Act, 1955
Chapter XIV SANITARY PROVISIONS.
Chapter XIV SANITARY PROVISIONS.
480. Commissioner to provide for cleansing of streets and removal of refuse
For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall take measure for securing—
- (a) the daily surface cleansing of all streets in the City and the removal of the sweeping therefrom;
- (b) the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under section 484 or 485 for the temporary deposit of any of the matters specified in the said sections.
Chapter XIV SANITARY PROVISIONS.
481. Refuse, etc., to be the property of the Corporation
All matters collected by municipal servants or contractors in pursuance of the last preceding section and of section 484 shall be the property of the Corporation.
Chapter XIV SANITARY PROVISIONS.
482. Provision and appointment of receptacles, depots and places for refuse, etc
The Commissioner shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit or final disposal of—
- (a) dust, ashes, refuse and rubbish;
- (b) trade refuse;
- (c) carcasses of dead animals, and excrementitious and polluted matter: Provided that—
- (i) the said matters shall not be finally disposed of in any place or manner in which the same have not heretofore been so disposed of, without the sanction of the Corporation or in any place or manner which the Government think fit to disallow;
- (ii) any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance.
Chapter XIV SANITARY PROVISIONS.
483. Duty of owners and occupiers to collect and deposit dust, etc
- (1) It shall be incumbent on the owner and occupiers of all premises to cause all dust, ashes, refuse, rubbish and trade refuse to be collected from their respective premises and to be deposited at such times as the Commissioner, by public notice from time to time specifies, in the public receptacle, depot or place provided or appointed under the last preceding section or the temporary deposit or final disposal thereof.
- (2) The Commissioner may, if he thinks fit, by written notice require the occupier and owner or either of them of any premises to cause all dust, ashes, refuse and rubbish, but not trade refuse to be collected daily, or otherwise periodically, from the said premises and deposited temporarily upon any place forming the part of the said premises which the Commissioner appoints in this behalf, and it shall be incumbent on the said occupier and owner or either of them to cause the said matters to be collected and deposited accordingly.
- (3) It shall be incumbent on the owners of all premises to provide receptacles of a size to be specified by the Commissioner for the collection therein of all dust, ashes, refuse, rubbish and trade refuse to be collected from such premises. Such receptacles shall at all times be kept in good repair and condition and shall be provided in such number and place and retained in such positions as the Commissioner may, from time to time, by written notice, direct.
- (4) It shall also be incumbent on the owners and occupiers or either of them of all premises when required by the Commissioner by written notice so to do, to employ servants for the purpose of carrying out and complying with the requirements of sub-sections (1) and (2) of this section.
Chapter XIV SANITARY PROVISIONS.
484. Provision may be made by Commissioner for collection, etc., of excrementitious and polluted matter
[(1)] When the Commissioner has given public notice, under clause (a) of sub-section (1) of section 201, of his intention to provide, in a certain portion of the City, for the collection, removal and disposal by municipal agency, of all excrementitious and polluted matter from privies, urinals and cesspools, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated in the said portion of the city.
[(2) Even after the Commissioner has taken such measure under sub-section (1), if any person commits defacation, urination or spitting in open public places shall, on conviction, be punishable with imprisonment which may extend to one month or with fine which may extend to five thousand rupees.]
Chapter XIV SANITARY PROVISIONS.
485. Collection and removal of excrementitious and polluted matter when to be provided for by occupiers
It shall be incumbent on the occupier of any premises situate in any portion of the City for which the Commissioner has not given a public notice under clause (a) of sub-section (1) of section 201 and in which there is not a water-closet or privy connected with a [Board Sewer], to cause all excrementitious and polluted matter accumulating upon his premises to be conveyed to the nearest receptacle or depot provided for this purpose under clause (b) of section 482, at such times, in such vehicle or vessel, by such route and with such precautions, as the Commissioner by public notice from time to time specifies.
Chapter XIV SANITARY PROVISIONS.
486. Scavengers’ duties in certain cases may not be discharged by private individuals without the Commissioner’s permission
In any portion of the City in which the Commissioner has given a public notice under clause (a) of sub-section (1) of section 201, and in any premises whereever situate in which there is a water-closet or privy connected with a [Board Sewer], it shall not be lawful, except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the Commissioner, to discharge any of the duties of scavengers.
Chapter XIV SANITARY PROVISIONS.
487. Prohibition of failure to remove, refuse, etc., when bound to do so
[(1)] No person—
- (a) who is bound, under section 483 or section 485 to cause the removal of dust, ashes, refuse, rubbish and trade refuse or of excrementitious or polluted matter, shall allow the same to accumulate on his premises for more than twenty-four hours or neglect to cause the same to be removed to the depot, receptacle or place provided or appointed for the purpose;
- (b) shall remove any dust, ashes, refuse, rubbish or trade refuse or any excrementitious or polluted matter, otherwise than in conformity with the requirements of any public or written notice at the time in force under section 483 or use for the removal of any excrementitious or polluted mater any vehicle or vessel not having covering proper for preventing the escape of any portion of the contents thereof or of the stench therefrom;
- (c) shall, whilst engaged, in the removal of any dust, ashes, refuse, rubbish or trade refuse, or of any excrementitious or polluted matter, fail forthwith thoroughly to sweep and cleanse the spot in any street upon which, during removal any portion thereof may fall and entirely to remove these sweepings;
- (d) shall place or set down in any street any vehicle or vessel for the removal of excrementitious or polluted matter or suffer the same to remain in any street for any greater length of time than is reasonably necessary;
- (e) shall throw or place any dust, ashes, refuse, rubbish or trade refuse or any excrementitious or polluted matter on any street or in any place not provided or appointed for this purpose under section 482 or 483;
- (f) who is the owner or occupier of any building or land, shall allow any filthy matter to flow, soak or be thrown therefrom or keep or suffer to be kept therein or thereupon anything so as to be nuisance to any person, or negligently suffer any privy-receptacle or other receptacle or place for the deposit of filthy matter or rubbish on his premises to be in such state as to be offensive or injurious to health. [(2) Whoever, contravenes the provisions of sub-section (1) shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees.]
Chapter XIV SANITARY PROVISIONS.
488. Presumption as to offender under clause (e) of sub-section (1) of section 487
If it shall in any case be shown that dust, ashes, refuse, rubbish or trade effluent or any excrementitious or polluted matter has or have been thrown or placed on any street or place, in contravention of [clause (e) of sub-section (1) of section 487], from some premises, it shall be presumed, until the contrary proved, that the said offence has been committed by the occupier of the said premises.
Chapter XIV SANITARY PROVISIONS.
489. Removal of rubbish and filth accumulating in large quantities on premises
- (1) If any person who is bound under section 483 cause the collection and deposit of dust, ashes, refuse, rubbish and trade effluent or under section 483 to cause the collection and removal of excrementitious and polluted matter shall allow the same to accumulate on his premises for more than twenty-four hours or shall keep the same otherwise than in a proper receptacle, or shall neglect to cause the same to be removed to the receptacle, depot or place provided or appointed for the purpose, the Commissioner, may in addition to the institution of any proceedings provided for in this Act, by written notice require such person to collect forthwith all such dust, ashes, refuse, rubbish, trade effluent or excrementitious or polluted matter accumulated thereon and remove the same forthwith in the manner and to the place provided by or under this Act.
- (2) If such person shall fail to comply with the notice given under sub-section (1), the Commissioner may cause, the dust, ashes, refuse, rubbish and trade or excrementitious or polluted matter accumulated in such premises to be removed [and a penalty not exceeding one thousand rupees as the Commissioner may fix,] shall be paid by such person towards the cost of removal.
Chapter XIV SANITARY PROVISIONS.
490. Contract with owner or occupier for removal of rubbish or filth
The Commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises on such terms as to time and period of removal and other matters as may seem suitable to the Commissioner, and on payment of fees at such rate as the Corporation may determine.
Chapter XIV SANITARY PROVISIONS.
491. Special sanitary arrangements at certain places
- (1) The Commissioner shall make such special arrangements, whether permanent or temporary, as he considers adequate, for maintaining sanitation in the vicinity of any temple, mutt, mosque, tomb or any place of religious worship or institutions to which large number of persons resort on particular occasions or in any place which is used for holding fairs or festivals.
- (2) The Commissioner may require any person having control over any such place as aforesaid to pay to the Corporation such contribution towards the cost of the special measures taken under sub-section (1) as the Corporation may, from time to time, fix.
Chapter XIV SANITARY PROVISIONS.
492. Power to inspect premises for sanitary purposes
The Commissioner may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof.
Chapter XIV SANITARY PROVISIONS.
493. Repair, cleansing and lime-washing of any building may be required
If it shall appear to the Commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building so inspected to cause the same or some portion thereof to be repaired or limewashed or otherwise cleansed, either externally or internally, or both externally and internally.
Chapter XIV SANITARY PROVISIONS.
494. Removal of building materials from any premises may be required
If it shall appear to the Commissioner that any tiles, stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises without the written permission of the Commissioner in such quantity or bulk or in such way as to constitute a harbourage or breeding place for rats or other vermin or otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neigbourhood thereof, the Commissioner may by written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same as shall in the opinion of the Commissioner be necessary or expedient to abate the nuisance or prevent a recurrence thereof.
Chapter XIV SANITARY PROVISIONS.
495. Abandoned or unoccupied premises
If any premises, by reason of their being abandoned or unoccupied, become a resort of disorderly persons or, in the opinion of the Commissioner, a nuisance, the Commissioner, after such inquiry as he deems necessary, may give written notice to the owner of such premises, if he be known and resident within the city or to any person who is known or believed to claim to be the owner, if such person is resident within the city and shall also affix a copy of the said notice on some conspicuous part of the said premises, requiring all persons having any right of property or interest therein to take such order with the said premises as shall in the opinion of the Commissioner be necessary to prevent the same from being resorted to as aforesaid or from continuing to be a nuisance.
Chapter XIV SANITARY PROVISIONS.
496. Neglected premises
- (1) If it shall appear to the Commissioner that any premises are overgrown with rank and noisome vegetation or are otherwise in an unwholesome or filthy condition or, by reason of their not being properly enclosed, or resorted to by the public for purposes of nature, or are otherwise a nuisance to the neighbouring inhabitants, the Commissioner may, by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same, or with the approval of the Standing Committee, may require him to take such other order with the same as the Commissioner thinks necessary.
- (2) If it shall appear to the Commissioner that any private street is overgrown with rank and noisome vegetation or is otherwise in an unwholesome or filthy condition, the Commissioner may by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to cleanse or clear the same, or with the approval of the Standing Committee require them to take such other order with the same as the Commissioner may think necessary, provided that nothing herein contained shall affect the provision of section 480: Provided that in so far as the unwholesome or filthy condition of such premises or such street or such nuisance as above mentioned is caused by the discharge from or by any defect in the municipal drains or appliances connected therewith, it shall be incumbent on the Commissioner to cleanse such premises or such street.
Chapter XIV SANITARY PROVISIONS.
497. Nuisance arising from defective roof
- (1) If it shall appear to the Commissioner that any building or any part of a building is in such a state as to constitute a nuisance or to be likely to give rise to one, by reason of rain-water leaking from its roof or any part of its roof, the Commissioner may give a notice in writing to the owner of such building requiring him to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice.
- (2) If at any time thereafter the Commissioner is of opinion that such a nuisance may recur he may, notwithstanding that the original nuisance may have been abated by the owner of the building under sub-section (1), give a further notice in writing to the said owner requiring him to abate the probable recurrence of the nuisance within the time and in the manner specified in the notice.
- (3) If the owner of the building by whose act, default or sufference such nuisance has arisen or continues is unknown or cannot be found, the Commissioner may take such measures or cause such work to be executed or such things to be done as shall in his opinion be necessary to abate such nuisance and to prevent its recurrence.
Chapter XIV SANITARY PROVISIONS.
498. Powers with reference to insanitary buildings
- (1) Whenever the Commissioner considers —
- (a) that any building or portion thereof is, by reasons of its having no plinth or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety, or
- (b) that a block or group of buildings is for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may by notice require the owners or occupiers of such buildings or portions of buildings or at his option, the owner of the land occupied by such buildings, or portions of buildings to execute such works or to take such measures as he may deem necessary for the prevention of such danger.
- (2) No person shall be entitled to compensation for damages sustained by reasons of any action taken under or in pursuance of this section save when a building is demolished in pursuance of an order made hereunder, or so far demolished as to require reconstruction, in which case the Corporation shall make reasonable compensation to the owner thereof.
- (3) When any building is entirely demolished under this section and the demolition thereof adds to the value of other buildings in the immediate vicinity, the owners of such other buildings shall be bound to contribute towards the compensation payable to the owner of the first-named building in such proportion to the increased value acquired by their respective buildings as may be determined by the Commissioner with the approval of the Standing Committee.
- (4) When any building is so far demolished under this section as to require reconstruction, allowance shall be made in determining the compensation, for the benefit accruing to the premises from the improvement thereof.
Chapter XIV SANITARY PROVISIONS.
499. Buildings unfit for human habitation
- (1) If any building, or portion thereof, intended for or used as a dwelling place appears to the Commissioner to be unfit for human habitation, he may apply to the Standing Committee to prohibit the further use of such building for such purpose, and the Standing Committee may, after giving the owner and occupiers thereof a reasonable opportunity of showing cause why such orders should not be made, make a prohibitory order as aforesaid.
- (2) When any such prohibitory order has been made, the Commissioner shall communicate the purport thereof to the owner and occupiers of the building and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier shall use or suffer it to be used for human habitation until the Commissioner certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction, or the Standing Committee withdraws the prohibition.
- (3) When such prohibitory order has remained in operation for three months the Commissioner shall report the case to the Standing Committee which shall thereupon consider whether the building should not be demolished. The Standing Committee shall give the owner not less than thirty days‘ notice of the time and place at which the question will be considered and the owner shall be entitled to be heard when the question is taken into consideration.
- (4) If upon such consideration the Standing Committee is of opinion that the building has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit and that the continuance thereof is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood it shall record a decision to that effect, with the grounds of the decision, and the Commissioner shall in pursuance of the said decision by notice require the owner to demolish the building.
- (5) If the owner undertakes to execute forthwith the works necessary to render the building fit for human habitation and the Commissioner considers that it can be so made fit, the Commissioner may postpone the execution of the decision of the Standing Committee, for such time not exceeding six months, as he thinks sufficient for the purpose of giving the owner an opportunity of executing the necessary works.
Chapter XIV SANITARY PROVISIONS.
500. Power of Commissioner to call for statement of accommodation
- (1) The owner of a building shall, within a period of fifteen days after receipt of written notice from the Commissioner, sign and give a certificate of the following particulars with respect to such building or any part thereof:—
- (a) the total number of rooms in the building,
- (b) the length, breadth and height of each room, and
- (c) the name of the person to whom he has let the building or each part of the building occupied as a separate tenement.
- (2) The occupier of a building or of any part of a building occupied as a separate tenement shall, on like notice, and within the like period, sign and give a certificate of the following particulars with respect to such building or part of such building as aforesaid which is in his occupation:—
- (a) the total number of persons dwelling in the building or any part of it,
- (b) the number of persons using each room by day and by night, and
- (c) the number, sex and age of the occupants of each room used for sleeping.
Chapter XIV SANITARY PROVISIONS.
501. Overcrowded dwelling
- (1) Where it appears to the Commissioner, whether from any certificate furnished under section 500 or otherwise, that any building or any room or rooms therein used for human habitation is overcrowded, he may apply to a Magistrate to prevent such overcrowding; and the said Magistrate after such inquiry as he thinks fit to make, may fix the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building within a reasonable time not exceeding ten days to be fixed in the said order, to abate the overcrowding thereof, by reducing the number of lodgers, tenants or other inmates of the said building or room or rooms, in accordance with the maximum so fixed and to the satisfaction of the Commissioner, or may pass such other order as he may deem just and proper.
- (2) Where the owner of the said building has sublet the same, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purposes of this section, be deemed to be the owner of the said building.
- (3) Every tenant, lodger or other inmate of the said building shall vacate on being required by the owner so to do in pursuance of any order under sub-section (1).
- (4) A room used exclusively as a dwelling shall be deemed to be overcrowded within the meaning of this section when the number of adult inmates is such that the amount of floor space available for each adult inmate is less than twenty-five superficial feet and for each person under the age of ten years less than twelve and one-half superficial feet, or when the air space for each adult inmate is less than two hundred and fifty cubic feet, two children under ten years of age counting as one adult.
- (5) A room not exclusively used as a dwelling shall be deemed to be overcrowded within the meaning of this section when the number of adult inmates is such that the amount of floor space available for each adult inmate is less than thirty superficial feet, and for each under the age of ten years less than fifteen superficial feet, or when the air space for each adult inmate is less than three hundred cubic feet, two children under ten years of age counting as one adult.
Chapter XIV SANITARY PROVISIONS.
502. Insanitary huts and sheds
If the Commissioner is of opinion that any hut or shed, used either as a dwelling or as a stable or for any other purpose, is likely by reason of its being built without a plinth or upon a plinth of insufficient height or without proper means of drainage, or on account of the impracticability of scavenging or owing to the manner in which it and other huts or sheds are crowded together to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety; he may, by written notice, which shall be affixed to some conspicuous part of such hut or shed, require the owner or occupier thereof, or the owner of the land on which such hut or shed stands, to remove or alter such hut or shed or to take such order for the improvement thereof as the Commissioner shall deem necessary.
Chapter XIV SANITARY PROVISIONS.
503. Measures against rats, etc., may be required in respect of premises used for storage of goods
Where it appears to the Commissioner that any building or part thereof used for the storage of goods is used in such manner as to afford harbourage to rats, mice or other animals susceptible to plague or other vermin, he may require the owner or occupier by written notice to take such steps for the destruction of rats, mice or other animals or other vermin as are specified in the notice or to carry out such works as will render the wall and floors of such building or part of a building roof against such infestation.
Chapter XIV SANITARY PROVISIONS.
504. Fillings in of pools, etc., which are a nuisance
- (i) For the purposes of this section, a nuisance shall include—
- (a) any pool, ditch, tank, well, pond, quarry-hole, drain, water-course or any collection of water;
- (b) any cistern or other receptacle or water or any article or thing capable of collecting rain-water during the monsoon season whether within or outside a building;
- (c) any land on which water accumulates or is likely to accumulate, or
- (d) any premises or any part of any premises occupied or unoccupied, or under construction, reconstruction or demolition; which in the opinion of the Commissioner is, or is likely to become a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (35) of section 2.
- (ii) The Commissioner may, by notice in writing, require the person by whose act, default or sufference, a nuisance arises, exists or continues, or is likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or any one or more of such person, by taking such measures and by executing such work in such manner and within such period of time as the Commissioner shall specify in such notice.
- (iii) The Commissioner may also by notice under clause (ii) or by another notice, served on such person, owner, lessee and occupier, require them, or any one or more of them, to take all steps requisite or necessary to prevent a recurrence of the nuisance and may, if he thinks it desirable, specify any work to be executed or measures to be carried out for that purpose, and may serve any such further notice notwithstanding that the nuisance may have been, abated or removed if he considers that is likely to recur: Provided that if at any time within four months from the date of the service of any such notice, the nuisance recurs through the failure of the person or persons upon whom such notice has been served to comply with the requirements contained in such notice, such person or persons shall be liable without any further notice to the penalties provided in this Act for offences under this section.
- (iv) Where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction or demolition of any premises, or any part of any premises, the Commissioner may in addition to serving any notice on any one or more of the persons mentioned in clause (ii) serve any such notice on any architect, contractor or other person employed to carry out such work of construction, reconstruction or demolition and also on any sub-contractor employed by such contractor or other person, or any one or more of such contractor, person and sub-contractor.
- (2) If any person who, by a requisition made under sub-section (1), is required to fill up, cover over or drain off a well, delivers to the Commissioner, within the time prescribed for compliance therewith, written objections to such requisition, the Commissioner shall report such objections to the Standing Committee and shall make further inquiry into the case, and he shall not institute any prosecution under section 523 for failure to comply with such requisition except with the approval of the Standing Committee, but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance, proceed in accordance with section 639 and, pending the Standing Committee‘s disposal of the question whether the said well shall be permanently filled up, covered over or otherwise dealt with, may cause such well to be securely covered over, so as to prevent the ingress of mosquitoes, and in every such case the Commissioner shall determine, with the approval of the Standing Committee, whether the expenses of any work already done as aforesaid shall be paid by such person, or by the Commissioner out of the Municipal Fund or shall be shared, and, if so, in what proportions.
Chapter XIV SANITARY PROVISIONS.
504A. Regulation or prohibition of certain kinds of cultivation
[504-A. The Commissioner may, on the report of the Medical Officer of Health that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the city is injurious to the public health, by public notice, regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious: Provided that when such cultivation or irrigation has been practiced during the five years preceding the date of such public notice, with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested, for any damage caused to them by absolute prohibition.]
Chapter XIV SANITARY PROVISIONS.
505. Permission for new well etc.,
- (1) No new well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission in writing of the Commissioner.
- (2) If any such work is begun or completed without such permission the Commissioner may either —
- (a) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Commissioner shall determine, or
- (b) grant written permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).
Chapter XIV SANITARY PROVISIONS.
506. Power to order cleansing of insanitary private water source, spring, tank, well, etc., used for drinking
- (1) The Commissioner may by written notice require the owner of, or person having control over, any private water source, 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, to cleanse it in such manner as the Commissioner may direct and to protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice.
- (2) If the water of any private tank, well or other place which is used for drinking, bathing or washing clothes, as the case may be, is proved, to the satisfaction of the Commissioner to be unfit for that purpose, the Commissioner 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 substantial wall or fence.
Chapter XIV SANITARY PROVISIONS.
507. Duty of Commissioner in respect of public well or receptacle of stagnant water
If it appears to the Commissioner that any public well or receptacle of stagnant water is likely to be injurious to health or offensive to the neighbourhood he shall cause the same to be cleansed, drained or filled up.
Chapter XIV SANITARY PROVISIONS.
508. Dangerous quarrying may be stopped
If, in the opinion of the Commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may with the approval of the Standing Committee, by written notice, require the owner 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 he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
Chapter XIV SANITARY PROVISIONS.
509. Removal and trimming of trees, shrubs and hedges
- (1) If, in the opinion of the Commissioner,—
- (a) any hedge is at any time insufficiently cut or trimmed; or overgrown, with quickly pear or other rank vegetation; or
- (b) any tree or shrub has fallen or is likely to fall, to the danger of public safety, or overhangs or obstructs any street to the inconvenience or danger of passengers therein; the Commissioner may, by written notice, require the owner or occupier of the land on which such hedge, tree or shrub is or has been growing;
- (i) to cut down such hedge to a height not exceeding four feet and to a width not exceeding three feet, and to remove any such prickly pear or other rank vegetation therefrom; or
- (ii) to remove, cut, lop or trim such tree or shrub, as the case may be.
- (2) In any case falling under clause (b), the Commissioner may, if for the public safety it shall appear to him necessary so to do, cause any tree or shrub to be removed, cut, lopped or trimmed, without previously giving the said owner or occupier notice as aforesaid, and the expenses thereof shall, nevertheless, be paid by the owner or occupier.
Chapter XIV SANITARY PROVISIONS.
510. Prohibitions as to keeping animals
- (1) No person shall —
- (a) without the written permission of the Commissioner, or otherwise than in conformity with the terms of such permission, keep any swine in any part of the city;
- (b) keep any animal on his premises so as to be a nuisance or danger to any person;
- (c) feed any animal, or suffer or permit any animal, to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter.
- (2) Any swine found straying may be forthwith destroyed and the carcass thereof disposed of as the Commissioner shall direct.
Chapter XIV SANITARY PROVISIONS.
511. No claim shall lie for compensation for any swine so destroyed.
Stabling animals or storing grain in dwelling house may be prohibited Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely,—
- (a) for keeping any horse, cow, buffalo, bullock, goat or donkey, or
- (b) as a godown or place for the storage, in connection with whole-sale trade of grain, seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary reasons to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose;
Chapter XIV SANITARY PROVISIONS.
512. Provided that the Commissioner may permit such use subject to such conditions as he may think fit to impose.
Removal of carcasses of dead animals
- (1) It shall be the duty of the Commissioner to provide for the removal of the carcasses of all animals dying within the city.
- (2) The occupier of any premises in or upon which any animals shall die or in or upon which the carcass of any animal shall be found and the person having the charge of an animal which dies in the street or in any open place, shall within three hours after the death of such animal or, if the death occurs at night, within three hours after sunrise, report the death of such animal at the health department of the municipal office of the division of the city in which the death occurred or in which the carcass is found.
- (3) For every carcass so removed by municipal agency a fee for the removal of such amount as shall be fixed by the Commissioner, shall be paid by the owner of the animal, or, if the owner is not known, by the occupier of the premises in or upon which, or by the person in whose charge, the said animal died.
Chapter XIV SANITARY PROVISIONS.
513. Places for public bathing, etc., to be fixed by the Commissioner, and regulation of use of such places
- (1) The Commissioner may, from time to time —
- (a) set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing, or for washing animals, or for washing or for drying clothes;
- (b) specify the times at which and the sex of persons by whom, such places may be used;
- (c) prohibit, by the public notice, the use by the public for any of the said purposes of any place not so set apart;
- (d) prohibit by public notice the use by the public of any portion of a river or place not vesting in the Corporation for any of the said purposes;
- (e) regulate by public notice the use by the public of any portion of a river or other place vesting in the Corporation and set apart by him for any of the said purposes; and
- (f) regulate by public notice the use by the public of any portion of a river or other place not vesting in the Corporation for any of the said purposes, and of any work and of the water in any work, assigned and set apart under this Act for any particular purposes.
- (2) The Commissioner may charge such fees as the Standing Committee may fix for the use of any place set apart under clause (a) of sub-section (1) by any specified class or classes of persons or by the public generally.
Chapter XIV SANITARY PROVISIONS.
514. Prohibition of bathing, etc., contrary to order or regulation
Except as permitted by any order made under any provision of this Act, no person shall —
- (a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well in any part of a river or other place vesting in the Corporation;
- (b) wash or cause to be washed in or near any such place or work, any animal, clothes or other article;
- (c) throw, put, or cause to enter into the water in any such place or work, any animal or other thing;
- (d) cause or suffer to drain into or upon any such place or work, or to be brought thereinto or thereupon, anything, or do anything whereby the water shall be in any degree fouled or corrupted;
- (e) dry clothes in or upon any such place;
- (f) in contravention of any prohibition made by the Commissioner under section 513 use any portion of a river or any place not vesting in the Corporation for any purpose mentioned in the said section;
- (g) contravene the provisions of any notice given by the Commissioner under section 513 for the use of any such portion of a river or place for any such purpose.
Chapter XIV SANITARY PROVISIONS.
515. Prohibition of corruption of water by steeping therein animal or other matter, etc
No person shall —
- (a) steep in any tank, reservoir, stream, well or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health;
- (b) whilst suffering from any contagious, infectious or loathsome disease, bathe on, in or near any bathing platform, lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well.
Chapter XIV SANITARY PROVISIONS.
516. Factory etc., not to be newly established without permission of Commissioner
Subject to the provisions of Factories Act, 1948, (63 of 1948), no person shall —
- (i) newly establish in any premises,
- (ii) remove from one place to another,
- (iii) reopen or renew after discontinuance for a period of not less than three years, or
- (iv) enlarge or extend the area or dimensions of – any factory, workshop or workplace in which it is intended to employ steam, water, electrical or other mechanical power or any bakery except with the previous written permission of the Commissioner nor shall any person work or allow to be worked any such factory, workshop, work place or bakery without such permission: Provided that for the purpose of clause (iii) no such permission shall be required if during the period of discontinuance the machinery has not been removed from the place where the factory, workshop or bakery was originally established.
Chapter XIV SANITARY PROVISIONS.
517. Application for new factories
- (1) Every application for permission under section 516 shall be in writing and shall give such information and be accompanied by such plans as may be required under the bye-laws made in this behalf.
- (2) The Commissioner may, as soon as may be after the receipt of the application —
- (a) grant the permission applied for either absolutely or subject to such conditions as he thinks fit to impose, provided the location of such factory, workshop, workplace or bakery is not contrary to any requirement of this Act, bye-law, or standing order; or
- (b) refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop workplace or bakery in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be for any reason a nuisance to the inhabitants of the neighbourhood.
- (3) If any written permission for the establishment of a factory, workshop, workplace or bakery granted under sub-section (2) be revoked by the Commissioner in the exercise of his power under sub-section (3) of section 622 no person shall continue to resume the working or use of such factory, workshop, workplace or bakery until such written permission is renewed or a fresh written permission is granted by the Commissioner.
Chapter XIV SANITARY PROVISIONS.
518. Furnaces used in trade or manufacture to consume their own smoke
- (1) No person shall-
- (a) use or permit to be used any furnace employed for the purpose of any trade or manufacture, which does not, so far as practicable consume its own smoke; or
- (b) so negligently use or permit to be used any such furnace as that it shall not, as far as practicable, consume its own smoke.
- (2) Nothing in this section shall be deemed to apply to a locomotive engine used for the purpose of traffic upon any railway or for the repair of streets.
Chapter XIV SANITARY PROVISIONS.
519. Sanitary regulation of factories, etc
- (1) Whenever it shall appear to the Commissioner that any factory, workshop or workplace, or any building or place in which steam, water or other mechanical power is employed, is not kept in a clean state or is not ventilated in such a manner as to tender harmless as far as practicable, any gas, vapour, dust or other impurity generated in the course of the work carried on therein, which is a nuisance, or is so overcrowded while work is carried on as to be dangerous or injurious to the health of the persons employed therein; or that any engine, mill-gearing, hoist or other machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb; the Commissioner may, by written notice, require the owner of such factory, workshop, workplace or other building or place to take such order for putting and maintaining the same, in cleanly state, or for ventilating the same, or for preventing the same from being overcrowded or for preventing danger to life or limb from any engine, mill-gearing, hoist or other machinery therein, as he shall think fit.
- (2) Nothing in this section shall be deemed to affect any provision of the Indian Boiler Act, 1923 and nothing in this section which relates to the fixing or fencing of any engine, mill-gearing, hoist or other machinery shall apply on any factory to which the provisions of the Indian Factories Act, 1948 are applicable.
Chapter XIV SANITARY PROVISIONS.
520. Prohibition of use of steam-whistle or steam trumpet without permission of the Commissioner
- (1) No person, shall without the written permission of the Commissioner, use or employ in any factory or any other place, any steam-whistle or steam-trumpet for the purpose of summoning or dismissing workmen or persons employed.
- (2) The Commissioner may at any time revoke any permission which he has given for the use of any such instrument as aforesaid, on giving one month's notice to the person using the same. (3) Provided that nothing in sub-section (2) shall be deemed to require one month's notice to be given by the Commissioner, if he suspends or revokes any such permission for any reason specified in sub-section (3) of section 622.
Chapter XIV SANITARY PROVISIONS.
521. Certain things not to be kept and certain trades and operations not to be carried on, without a license
- (1) Except under and in conformity with the terms and conditions of a licence granted by the Commissioner no person shall —
- (a) keep, in or upon any premises, for any purpose whatever;
- (i) any article specified in Part I of Schedule P;
- (ii) any article specified in Part II of Schedule in excess of the quantity of such article which may at any one time be kept in or upon the same premises without a license;
- (b) keep, in or upon any premises, for sale or for other than domestic use, any article specified in Part III of Schedule P;
- (c) keep, in or upon any building intended for or used as a dwelling or within fifteen feet of such building, cotton, in pressed bales or boras or loose, in quantity exceeding four cwts.;
- (d) keep or allow to be kept in or upon any premises, horses, cattle or other four footed animals —
- (i) for sale,
- (ii) for letting out on hire,
- (iii) for any purpose for which any charge is made or any remuneration is received, or
- (iv) for sale of any produce thereof ;
- (e) carry on, or allow to be carried on, in or upon any premises —
- (i) any of the trades or operations connected with trade specified in Part IV of Schedule P;
- (ii) any trade or operation which in the opinion of the Commissioner is dangerous to life, health or property, or likely to create a nuisance either from its nature, or by reason of the manner in which, or the conditions under which, the same, is or is proposed to be carried on;
- (f) carry on within the city or use any premises for the trade or operation of a farrier.
- (a) keep, in or upon any premises, for any purpose whatever;
- (2) A person shall be deemed to have known that a trade or operation is, in the opinion of the Commissioner, dangerous or likely to create a nuisance within the meaning of paragraph (ii) of clause (e) of sub-section (1), after written notice to that effect, signed by the Commissioner has been served on such person or affixed to the premises to which it relates.
- (3) A person shall be deemed to carry on or to allow to be carried on a trade or operation within the meaning of paragraph (ii) of clause (e) of sub-section (1), if he does any act in furtherance of such trade or is in any way engaged or concerned therein whether as principal, agent, clerk, master, servant, workman, handi-craftsman or otherwise.
- (4) It shall be in the discretion of the Commissioner —
- (a) to grant any license referred to in sub-section (1) to such restrictions or conditions, if any, as he shall think fit to impose, or
- (b) to withhold any such licence.
- (5) Every person to whom a licence is granted by the Commissioner under sub-section (3) shall keep such licence in or upon the premises, if any, to which it relates.
- (6) Nothing in this section shall be deemed to apply to mills for spinning or weaving cotton, wool, silk, or jute to any other large mill or factory which the Commissioner may, from time to time, with the approval of the Standing Committee specially exempt from the operation thereof.
Chapter XIV SANITARY PROVISIONS.
522. Prohibition of corruption of water by chemicals, etc
- (1) No person engaged in any trade or manufacture specified in Part IV of Schedule P shall—
- (a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the Corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid;
- (b) wilfully do any act, connected with any such trade or manufacture as aforesaid, whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place of water is fouled or corrupted.
- (2) The Commissioner may, after giving not less than twenty-four hours previous notice in writing to the owner or to the person who has the management or control of any works, pipes or conduits connected with any such manufacture or trade as aforesaid, lay open and examine the said works, pipes or conduits; and if upon such examination it appears that sub-section (1) has been contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses of such laying open and examination, and of any measure which the Commissioner shall in his discretion, require to be adopted for the discontinuance of the cause of such contravention, shall be paid by the owner of the said works, pipes or conduits, or by the person who has the management or control thereof, or through whose neglect or fault the said sub-section has been contravened; but if it appears that there has been no contravention of the said sub-section, that said expenses, and the compensation for any damage occasioned by the said laying open and examination shall be paid by the Commissioner.
Chapter XIV SANITARY PROVISIONS.
523. Inspection of premises used for Manufacture, etc
- (1) The Commissioner may at any time, by day or by night, without notice, enter into or upon any premises used for any of the purposes mentioned in section 521 and upon any premises in which a furnace is employed for the purpose of any trade or manufacture, and into any bake-house, in order to satisfy himself as to whether any provision of this Act or any bye-law made thereunder or any condition of any license granted under this Act is being contravened, and as to whether any nuisance is created upon such premises.
- (2) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for effecting such entry: Provided that force shall not be used for effecting an entry, unless when there is reason to believe that an offence is being committed against some provision of this Act or some bye-law made under this Act.
- (3) Notwithstanding anything contained in this section and unless specified under this Act, the Municipal Commissioner or any authorised person on his behalf shall exercise all the powers conferred on him under this Act and under the Prevention of Food Adulteration Act, 1954 and shall also have the powers to close down the premises and also seize the machinery and material when there is reason to believe that an offence is committed against some bye-law made under this Act.
Chapter XIV SANITARY PROVISIONS.
524. Regulation of washing of clothes by washermen
- (1) The Commissioner may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as he shall appoint for this purpose; and when any such prohibition has been made, no person who is by calling a washerman shall wash clothes at any place not appointed for this purpose by the Commissioner, except for such person himself or for the owner or occupier of such place.
- (2) The Commissioner shall provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use of any such place as shall from time to time be determined by the Commissioner, with the approval of the Standing Committee.
Chapter XIV SANITARY PROVISIONS.
525. What to be deemed Municipal Markets and slaughter-houses’
All markets and slaughter-houses which belong to or are maintained by the Corporation shall be called ‘municipal markets’ or ‘municipal slaughter-houses’.
Chapter XIV SANITARY PROVISIONS.
526. All other markets and slaughter-houses shall be deemed to be private.
Provisions of new municipal markets and slaughter houses
- (1) The Commissioner, when authorised by the Corporation in this behalf, may construct, purchase or take on lease any building or land for the purpose of establishing a new municipal market or a new municipal slaughter-house or of extending or improving any existing municipal market or slaughter-house, and may from time to time build and maintain such municipal markets and slaughter-houses and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in, or frequenting, such municipal markets or slaughter-houses, and provide and maintain in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
- (2) Municipal slaughter-houses may be situate within or, with the sanction of the Government, without the City.
Chapter XIV SANITARY PROVISIONS.
527. Closure and disposal of markets and Slaughter Houses
The Commissioner may where the Municipal market and slaughter-houses are situate within the city, with the sanction of the Corporation, and where it is situated without the city, with the sanction of the Government at any time, close such market or slaughter-house, and may dispose the premises so closed, subject to the sanction of the Corporation, where the property is of the Corporation.
Chapter XIV SANITARY PROVISIONS.
528. Prohibition of sale in a municipal market without licence of the Commissioner
- (1) No person shall without licence from the Commissioner, sell or expose for sale any animal or article in any municipal market.
- (2) It shall be lawful for the Commissioner, with the previous sanction of the Corporation by public notice from time to time, to prohibit within a distance of hundred yards of any municipal market the sale or exposure for sale of all or any of the commodities ordinarily sold in the said municipal market.
- (3) Any notice issued under sub-section (2) may in like manner at any time be cancelled or modified by the Commissioner.
- (4) Any person contravening this section may be summarily removed by the Commissioner or by any municipal officer or servant.
Chapter XIV SANITARY PROVISIONS.
529. Opening of new private markets
- (1) The Corporation shall from time to time determine whether the establishment of new private markets shall be permitted in the City or in any specified portion of the city.
- (2) No person shall establish a new private market for the sale of, or for the purpose of exposing for the sale of animals intended for human food, or any other article of human food, except, with the sanction of the Commissioner, who shall be guided in giving such sanction by the decisions of the Corporation at the time in force under sub-section (1). The owner or occupier of a place in which a private market is established shall, for the purposes of this sub-section, be deemed to have established such market.
- (3) When the establishment of a new private market has been so sanctioned, the Commissioner shall cause a notice of such sanction to be affixed in such language or languages as the Corporation may from time to time specify, on some conspicuous spot on or near the building or place where such market is to be held.
Chapter XIV SANITARY PROVISIONS.
530. Private markets not to be kept or permitted to be kept open and no place to be used or permitted to be used as slaughter house, without licence
- (1) No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf,—
- (a) keep open or permit to be kept open a private market;
- (b) use or permit to be used any public place in the City as a slaughter-house or for the slaughtering of any animal intended for human food;
- (c) use or permit to be used any place without the City whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human food to be consumed in the City.
- (2) The Commissioner shall not refuse, cancel or suspend any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation framed under section 533 or with some bye-law made under this Act, at the time in force and shall not cancel or suspend any such licence without the approval of the Standing Committee.
- (3) The Commissioner may with the previous approval of the Standing Committee cancel or suspend, any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage rent, fee, or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing, shed, pen or other place therein.
- (4) Nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any public place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances.
- (5) When the Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in such language or languages as the Corporation may from time to time specify, on some conspicuous spot on or near the building or place where such market has been held.
Chapter XIV SANITARY PROVISIONS.
531. Prohibition of sale in unauthorised private markets
No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of food.
Chapter XIV SANITARY PROVISIONS.
532. Provision for requiring private market building and slaughter-houses to be properly paved and drained
The Commissioner may, by written notice, require the owner, farmer or occupier of any private market or slaughter-house to cause —
- (a) the whole or any portions of the floor of the market-building, place or slaughter-house to be paved with dressed stone or other suitable material;
- (b) such drains to be made in or from the market-building, market place or slaughter-house of such material, size and description, at such level and with such outfall, as to the Commissioner may appear necessary.
Chapter XIV SANITARY PROVISIONS.
533. Regulations to be framed for markets and slaughter-houses
The Commissioner may, with the approval of the Standing Committee, from time to time, make regulations, not inconsistent with any provision of this Act or of any bye-law made thereunder —
- (a) for preventing nuisances or obstruction in any market building, market place or slaughter-house or in the approaches thereto;
- (b) fixing the days and the hours on and during which any market or slaughter-house may be held or kept open for use;
- (c) for keeping every market-building, market place and slaughter-house in a clean and proper state, and for removing filth and refuse therefrom;
- (d) requiring that any market building, market place, or slaughter-house be properly ventilated and be provided with a sufficient supply of water;
- (e) requiring that in market buildings, and market places, passages be provided between the stalls of sufficient width for the convenient use of the public.
Chapter XIV SANITARY PROVISIONS.
534. Levy of Stallages, rents and fees in Municipal markets and slaughter-houses
The Commissioner may —
- (a) charge for the occupation or use of any stall, shop, standing, shed or pen in a municipal market or slaughter-house and for the right to expose goods for sale in a municipal market, and for weighing and measuring goods sold in any such market and for the right to slaughter animals in any municipal slaughter-house such stallages, rents and fees as shall from time to time, be fixed by him, with the approval of the Standing Committee, in this behalf; or
- (b) with the approval of the Standing Committee, form the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time; or
- (c) put up to public auction, or, with the approval of the Standing Committee, dispose of, by private sale the privilege of occupying or using any stall, shop, standing, shed or pen, in a municipal market or slaughter-house for such term and on such condition as he shall think fit to impose.
Chapter XIV SANITARY PROVISIONS.
535. Removal of live cattle, sheep, goats or swine from any municipal slaughter-house, market or premises
- (1) No person shall, without the written permission of the Commissioner and without the payment of such fees as may be specified by him, remove any live cattle, sheep, goats or swine from any municipal slaughter-house or from any municipal market or premises used or intended to be used for or in connection with such slaughter-house: Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, market or premises and which has not been within such slaughter-house, market or premises for a period longer than that specified under orders made by the Commissioner in this behalf, or which has in accordance with any bye-law made thereunder, been rejected as unfit for slaughter at such slaughter-house, market or premises.
- (2) Any fee paid for permission under sub-section (1) in respect of any animal removed to a Panjarapole shall, subject to the regulations made by the Commissioner in this behalf, be refunded on the production of a certificate from the Panjarapole authorities that such animal has been received in their charge.
Chapter XIV SANITARY PROVISIONS.
536. Regulations and table of stallage rents to be posted up in markets and slaughter-houses
- (1) A printed copy of the regulations and of the table of stallages, rents and fees, if any, in force in any market or slaughter-house under sections 533, 534 and 535 in such language or languages which the Corporation may from time to time specify, shall be fixed in some conspicuous spot in the market building, market-place or slaughter-house.
- (2) No person shall, without authority, destroy, pull down, injure or deface any copy of any regulation or table so affixed.
Chapter XIV SANITARY PROVISIONS.
537. Power to expel persons contravening bye-laws or regulations
The Commissioner may expel from any municipal market or slaughter-house any person, who or whose servant has been convicted for contravening any bye-laws made under this Act, or any regulation made under section 533, in such market or slaughter-house and may prevent such person, by himself or his servants from carrying on any trade or business in such market or slaughter-house or occupying any stall, standing, shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.
Chapter XIV SANITARY PROVISIONS.
538. Prohibition of sale of animals, etc., except in market
Except as hereinafter provided, no person, shall without a licence from the Commissioner, sell or expose for sale any four-footed animal or any meat or fish intended for human food, in any place other than a municipal or private market:
Chapter XIV SANITARY PROVISIONS.
539. Provided that nothing in sub-section (1) shall apply to fresh fish sold from, or exposed, for sale in, a vessel in
Butchers and persons who sell the flesh of animals to be licenced No person shall without, or otherwise than in conformity with the terms of a license granted by the Commissioner in this behalf —
- (a) carry on within the City, or at any municipal slaughter-house the trade of a butcher;
- (b) use any place in the City for the sale of the flesh of any animal intended for human food, or any place without the City for the sale of such flesh for consumption in the City.
Chapter XIV SANITARY PROVISIONS.
540. Prohibition of import of cattle, etc., into the city without permission
- (1) No person shall without the written permission of the Commissioner bring into the City any cattle, sheep, goats or swine intended for human food, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act.
- (2) Any Police Officer may arrest without warrant any person bringing into the City any animal or flesh in contravention of sub-section (1).
- (3) Any animal brought into the city in contravention of this section may be seized by the Commissioner or by any municipal officer or servant and any flesh brought into the city in contravention of this section may be seized by the Commissioner or by any municipal officer or servant or by any Police Officer or in or upon Railway premises by any Railway servant and any animal or flesh so seized may be sold or otherwise disposed of as the Commissioner shall direct. The proceeds, if any, shall belong to the Corporation.
- (4) Nothing in this section shall be deemed to apply to cured or preserved meat.
Chapter XIV SANITARY PROVISIONS.
541. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the provisions of this Act, is suspended
- (1) If the Commissioner shall have reason to believe that any animal intended for human food is being slaughtered, or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under the provision of this Act, the Commissioner, may at any time, by day or by night, without notice, enter such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law made thereunder is being contravened thereat.
- (2) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by use of any force necessary for effecting such entry.
Chapter XIV SANITARY PROVISIONS.
542. Commissioner to provide for inspection of articles exposed for sale for human food
It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or for preparation for sale and intended for human food or for medicine resting with the party charged.
Chapter XIV SANITARY PROVISIONS.
543. Unwholesome articles, etc., to be seized
- (1) The Commissioner may at all reasonable times inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same.
- (2) If any such animal or article appears to the Commissioner to be diseased or unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may seize and carry away such animal, article, utensil or vessel, in order that the same may be dealt with as hereinafter provided and he may arrest and take to the nearest police station any person in charge of any such animal or article.
Chapter XIV SANITARY PROVISIONS.
544. Disposal of perishable articles seized under section 543
If any meat, flesh, vegetable or other article of a perishable nature be seized under section 543 and the same is, in the opinion of the Commissioner diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.
Chapter XIV SANITARY PROVISIONS.
545. Disposal of animals and articles of a non-perishable nature seized under section 543
- (1) Any animal and any article not of a perishable nature and any utensil or vessel seized under section 543 shall be forthwith taken before a Magistrate.
- (2) If it shall appear to such Magistrate that any such animal or article is diseased, unsound or unwholesome, or unfit for human food, or for medicine, as the case may be, or is not what it was represented to be or that such utensil or vessel of such kind or in such state as aforesaid, he may, and if it is diseased, unsound, unwholesome or unfit for human food and unfit for medicine, he shall cause the same to be destroyed at the charge of the person in whose possession it was at the same time of its seizure in such manner as to prevent the same being again exposed or hawked about for sale or used for human food or for medicine, or for the preparation or manufacture of, or food containing, any such article as aforesaid.
Chapter XIV SANITARY PROVISIONS.
546. Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food
In every case in which food, on being dealt with under section 545, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human food, the owner thereof or the person in whose possession it was found not being merely bailee or carrier thereof, shall, if in any such case the provisions of section 273 of the Indian Penal Code do not apply, be punished with fine which may extend to rupees five hundred.
Chapter XIV SANITARY PROVISIONS.
547. Applications for summon to be refused if not applied for within specified time
In all prosecutions under section 546 the Magistrate shall refuse to issue summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a specified time from the alleged date of the offence of which such person is accused.
Chapter XIV SANITARY PROVISIONS.
548. Slaughter of animals in slaughter houses
- (1) No person shall slaughter or procure the slaughter of any animal for human consumption in a slaughter house, otherwise than on the authority of a certificate, granted by the Veterinary Officer that the animal is fit for slaughter.
- (2) The Veterinary Officer shall not grant certificate referred to in sub-section (1) if in his opinion —
- (a) the animal whether male or female —
- (i) has not attained the age of 3 years and in case of sheep or goat one year; or
- (ii) is useful for the purpose of draught or any kind of agricultural operation;
- (b) the animal, if female, is useful for the purpose of breeding;
- (c) the animal, if female, is useful for giving milk or breeding offspring.
- (a) the animal whether male or female —
- (3) Save as otherwise provided in this Act, the opinion of the Veterinary Officer on all the questions on which he is required by sub-section (2) to form the opinion shall be final and shall not be questioned in any Court of Law.
- (4) The certificate referred to in sub-section (1) shall be granted in such form and on payment of such fee as may be specified by the Corporation.
- (5) Whoever does any act in contravention of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1,000 or with both.
- (6) Notwithstanding anything contained in the Criminal Procedure Code, 1898 (Central Act 5 of 1898), every offence punishable under sub-section (5) shall be cognizable.
- (7) Any certificate that the animal is fit for slaughter granted by any Veterinary Officer before the commencement of this Act and any fee realised therefor, within the limits of the City shall, notwithstanding there being no specific provision in respect thereof in principal Act, or in any other law for the time being in force, be deemed always to have been validly granted and realised as if this Act were in force on the date on which such certificate was granted or such fee was realised and shall not be questioned in any Court of Law.]
Chapter XIV SANITARY PROVISIONS.
549. Information to be given of the existence of infectious disease or continuous pyrexia of unknown origin
Every medical practitioner who treats or becomes cognizant of the existence of any infectious disease or any case of continuous pyrexia of unknown origin of more than four days duration in any private or public dwelling, other than a public hospital, shall give information of the same with the least practicable delay to the medical officer of health.
Chapter XIV SANITARY PROVISIONS.
550. The said information shall be communicated in such form and with such details as the said medical officer of health
Any place may at any time be inspected for purpose of preventing spread of infectious disease The Commissioner may at any time, by day or by night without notice or after giving such notice of his intention as shall, in the circumstances appear, to him to be reasonable, inspect any place in which any infectious disease is reputed or suspected to exist and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.
Chapter XIV SANITARY PROVISIONS.
551. Prohibition of use of drinking of water likely to cause infectious disease
- (1) If it shall appear to the Commissioner that the water in any well, tank or other place is likely, if used for drinking, to endanger or cause the spread of any infectious disease, he may, by public notice, prohibit the removal or use of the said water for the purpose of drinking.
- (2) No person shall remove or use for the purpose of drinking any water in respect of which public notice has been issued.
Chapter XIV SANITARY PROVISIONS.
552. Commissioner may order removal of patients to hospital
- (1) The Commissioner or any police officer empowered by him in this behalf may, on a certificate signed by the executive health officer or by any duly qualified Medical Practitioner direct or cause the removal of any person who is, in the opinion of such medical officer of health or other Medical Practitioner, without proper lodging or accommodation or who is lodged in a building occupied by more than one family, and who is suffering from infectious disease, to any hospital or place at which patients suffering from the said disease are received for medical treatment.
- (2) The person, if any, who has charge of a person in respect of whom an order is made under sub-section (1) shall obey such order.
- (3) No person who is removed to a hospital or place under sub-section (1) shall leave, or be removed from such hospital or place except with the permission of the officer in-charge thereof.
Chapter XIV SANITARY PROVISIONS.
553. Power to order detention in hospital of infected person without proper lodging to return to
- (1) Where a magistrate, not being a magistrate of the 3rd class, is satisfied, on the application of the Medical Officer of Health that the inmate of a public hospital who is suffering from an infectious disease would not, on leaving the hospital be provided with lodging or accommodation in which proper precautions could be taken to prevent the spread of the disease by him, the magistrate may order him to be detained in the hospital at the cost of the Corporation.
- (2) An order made under sub-section (1) may direct detention for a period specified in the order, but the magistrate may extend a period so specified as often as it appears to him to be necessary so to do.
- (3) Any person who leaves a hospital contrary to an order under sub-section (1) may, in addition to any penalty which may be imposed for such contravention, be ordered by the Court to be taken back to the hospital.
- (4) An order under this rule may be directed, in the case of an order for a person's detention, to the Officer in charge of the hospital and, in the case of an order made under sub-section (3) to the Medical Officer of Health and the Officer in-charge of the hospital or institution and the Medical Officer of Health may do, or authorise, all acts necessary for giving effect to the order.
Chapter XIV SANITARY PROVISIONS.
554. Disinfection of buildings, etc
- (1) If the Commissioner is of opinion that the cleansing or disinfecting of a building, or of part of a building, or of any articles therein likely to retain infection, would tend to prevent or check the spread of any infectious disease he may, by written notice, require the owner or occupier of such building to clean or disinfect such building or part thereof or article therein, and if it shall appear to the Commissioner necessary, to vacate the said building for such time as shall be prescribed in the said notice. (2) Provided that, if in the opinion of the Commissioner the owner or occupier is from poverty or other cause unable effectually to comply with such requisition, the Commissioner may cause the building or part of the building or article likely to retain infection to be cleansed or disinfected and defray the cost of so doing.
Chapter XIV SANITARY PROVISIONS.
555. Destruction of huts and sheds, when necessary
- (1) If the Commissioner is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any infectious disease, he may, after giving to the owner or occupier of such hut or shed such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
- (2) Compensation may be paid by the Commissioner, with the approval of the Standing Committee to any person who sustains substantial loss by the destruction of any such hut or shed; but, except as so allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by the exercise of the power conferred by this section.
Chapter XIV SANITARY PROVISIONS.
556. Place for disinfection may be provided
- (1) The Commissioner may provide a place, with all necessary apparatus and attendance, for the disinfection of clothing, bedding or other articles which have become infected and in his discretion may have articles brought to such place for disinfection, disinfected on payment of such fees as he shall from time to time fix, with the approval of the Standing Committee in this behalf, or, in any case in which he thinks fit, free of charge.
- (2) The Commissioner may, from time to time, by public notice, appoint a place at which clothing, bedding or other articles which have been exposed to infection from any infectious disease may be washed; and no person shall wash any such article at any place not so appointed without having previously disinfected the same.
- (3) The Commissioner may direct the disinfection or destruction of bedding, clothing or other articles likely to retain infection.
- (4) The Commissioner may, in his discretion, give compensation for any article destroyed under sub-section (3).
Chapter XIV SANITARY PROVISIONS.
557. Person suffering from infectious disease not to enter a public conveyance without notifying the same
- (1) No person who is suffering from infectious disease shall enter a public conveyance without previously notifying to the owner, driver or person in charge of such conveyance that he is so suffering.
- (2) Notwithstanding anything contained in any Act relating to public conveyances for the time being in force, no owner or driver or person in charge of a public conveyance shall be bound to carry any person suffering as aforesaid in such conveyance unless payment or tender of sufficient compensation, for the loss and expenses he must incur in disinfecting such conveyance, is first of all made to him.
Chapter XIV SANITARY PROVISIONS.
558. Provision of carriages for conveyance of patients
The Commissioner with the sanction of the Corporation, may provide and maintain suitable conveyances for the free carriage of persons suffering from any infectious disease; and when such conveyances have been provided, it shall not be lawful to convey any such person by any other public conveyance.
Chapter XIV SANITARY PROVISIONS.
559. Provision as to carriage of persons suffering from infectious disease in public conveyances
- (1) No person who is suffering from an infectious disease shall —
- (a) without proper precautions against spreading such disease, cause or suffer himself to be carried in a public conveyance;
- (b) cause or suffer himself to be carried in a public conveyance contrary to the provisions of the last preceding section.
- (2) No person shall go in company with, or take charge of, any person suffering as aforesaid, who causes or permits himself to be carried in a public conveyance in contravention of sub-section (1).
- (3) No owner or driver or person in charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as afore-said in contravention of the said sub-section.
Chapter XIV SANITARY PROVISIONS.
560. Public conveyance which has carried a person suffering from infectious disease to be disinfected
The owner, driver or person incharge of a public conveyance in which any person suffering as aforesaid has been carried shall immediately provide for the disinfection of the same.
Chapter XIV SANITARY PROVISIONS.
561. Duty of owner, etc., of public conveyance in regard to cases of infectious disease
- (1) The owner, driver or conductor of a public conveyance used for the conveyance of passengers at separate fares, shall not convey therein a person whom he knows to be suffering from an infectious disease.
- (2) The owner or driver or any other public conveyance, notwithstanding that no notice has been issued by the Commissioner under section 558, may refuse to convey therein any person suffering from an infectious disease until he has been paid a sum sufficient to cover any loss and expense which will be incurred by him in connection with the disinfection of the conveyance.
- (3) If a person suffering from an infectious disease is conveyed in a public conveyance, the person incharge thereof shall as soon as practicable and before permitting any other person to enter the conveyance cause the conveyance to be disinfected.
Chapter XIV SANITARY PROVISIONS.
562. Infected articles, not to be transmitted, etc., without previous disinfection
- (1) No person shall, without disinfection of the same, give, lend, sell, transmit or otherwise dispose of any article which he knows or has reason to know has been exposed to infection from any infectious disease.
- (2) Nothing in this section shall be deemed to apply to a person who transmits with proper precautions, any such articles, for the purpose of having the same disinfected.
Chapter XIV SANITARY PROVISIONS.
563. Infected building not to be let without being first disinfected
- (1) No person shall let a building or any part of a building, in which he knows or has reason to know that a person has been suffering from infectious disease, without first having such building or part thereof and every article therein likely to retain infection disinfected, to the satisfaction of the medical officer or health officer or of some duly qualified medical practitioner, as testified by such officer‘s or Medical practitioner‘s certificate.
- (2) For the purpose of this section, keeper of a hotel or inn shall be deemed to let part of his building to any person accommodated in such hotel or inn.
Chapter XIV SANITARY PROVISIONS.
564. Closure of lodging and eating houses
The Commissioner may on being satisfied that it is in the public interest so to do, by written orders direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale being a lodging house or place in which a case of an infectious disease exists or has recently occurred shall be closed for such period as may be specified in the order:
Chapter XIV SANITARY PROVISIONS.
565. Provided that such lodging house or place may be declared to be open if the Medical Officer of Health certifies that it has been disinfected or is free from infection.
Commissioner may take special measures on outbreak of any infectious disease
- (1) In the event of the city being at any time visited or threatened with an outbreak of any infectious disease, or in the event of any infectious disease breaking out or being likely to be introduced into the city amongst cattle, including under this expression sheep and goats, the Commissioner if he thinks the ordinary provisions of this Act and the rules thereunder or of any other law for the time being in force are insufficient for the purpose, may with the sanction of the Government —
- (a) take such special measures, and
- (b) by public notice make such temporary orders to be observed by the public or by any person or class of persons, as one specified therein and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.
- (2) The Commissioner shall forthwith report to the Corporation any measures taken and any orders made by him under sub-section (1).
Chapter XIV SANITARY PROVISIONS.
566. Places for disposal of dead to be registered
- (1) Every owner or person having the control of any place already used for burying, cremating or otherwise disposing of the dead, shall apply to the Commissioner within a period of six months from the coming into force of this Act to register the same and the Commissioner shall cause the same to be registered.
- (2) Such application shall be accompanied by a plan, bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor of the place to be registered, showing the locality, boundaries and extent of the same. The application shall also contain information as regards the name of the owner or person or community interested therein, the system of management and such further particulars as the Commissioner may require.
- (3) The Commissioner may, on receipt of such application and plan, register the said place in a register which shall be kept for this purpose.
- (4) The Commissioner shall cause to be deposited in the chief municipal office at the time of registration the plan referred to in sub-section (2).
- (5) If the Commissioner is not satisfied with the plan or statement or particulars, he may refuse or postpone registration, until his objections have been removed.
- (6) Every place vesting in the Corporation used for burying, cremating or otherwise disposing of the dead shall be registered in the register kept under sub-section (3), and a plan showing the locality, extent and boundaries thereof and bearing the signature of the City Engineer shall be deposited in the chief municipal office.
Chapter XIV SANITARY PROVISIONS.
567. Provision of new places for disposal of dead
- (1) If the existing places for the disposal of the dead shall at any time appear to be insufficient or if any place is closed under the provisions of section 570 the Commissioner shall, with the sanction of the Corporation, provide other fit and convenient places for the said purpose, either within or without the city and shall cause the same to be registered in the register kept under section 566 and shall deposit in the municipal office, at the time of registration of each place so provided, a plan thereof showing the locality, extent and boundaries of the same and bearing the signature of the City Engineer.
- (2) All the provisions of this Act and the rules and bye-laws made thereunder shall apply to any place provided under sub-section (1) without the city and vesting in the Corporation as if such place were situate within the city.
Chapter XIV SANITARY PROVISIONS.
568. New places for disposal of dead not to be opened without permission of Commissioner
No place which has never previously been lawfully used as a place for the disposal of the dead and registered as such shall be opened by any person for the said purpose without the written permission of the Commissioner who, with the approval of the Corporation, may grant or withhold such permission.
Chapter XIV SANITARY PROVISIONS.
569. Government may direct closing of place for disposal of dead
- (1) If, from information furnished by competent persons and after personal inspection, the Commissioner shall at any time be of opinion,
- (a) that any place of public worship, is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any churchyard or burial ground adjacent thereto, or,
- (b) that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health or is otherwise no longer suitable for such use, he may submit his said opinion with the reason therefor, to the Corporation, which shall forward the same, with its opinion, for the consideration of the Government.
- (2) Upon receipt of such opinion, the Government after such further enquiry, if any, as it shall deem fit to cause to be made, may, by notification published in the *Telangana Gazette and in the local newspapers, direct that such place of public worship or other place for the disposal of the dead be no longer used for the disposal of the dead. Every order so made shall be noted, in the register kept under section 566.
- (3) On the expiration of two months from the date of any such order of the Government, the place to which the same relates shall be closed for the disposal of the dead.
- (4) A copy of the said notification, with a translation thereof in such language, or languages, as the Corporation may, from time to time, specify, shall be affixed on a conspicuous spot on or near the place to which the same relates, unless such place be a place of public worship.
Chapter XIV SANITARY PROVISIONS.
570. Government may sanction reopening of places which have been closed for disposal of dead
- (1) If, after personal inspection, the Commissioner shall at any time be of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of section 569 or under any other law or authority, has by lapse of time become no longer injurious to health, and may without inconvenience, or risk of danger be again used for the said purpose, he may submit his said opinion with the reasons therefor to the Corporation, which shall forward the same with its opinion for the consideration of the Government.
- (2) Upon receipt of such opinion, the Government after such further enquiry, if any, as it shall deem fit to cause to be made, may by notification published as provided in section 569 direct that such place be reopened for the disposal of the dead.
Chapter XIV SANITARY PROVISIONS.
571. Every order so made shall be noted in the register kept under section 566.
Burials within places of worship and exhumation not to be made without permission of Commissioner
- (1) No person shall, without the written permission of the Commissioner under sub-section (2) —
- (a) make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship;
- (b) make any interment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 569;
- (c) build, dig, or cause to be built or dug any grave, or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under section 566;
- (d) exhume any body, except under the provisions of the Code of Criminal Procedure or any other law for the time being in force, from any place for the disposal of the dead.
- (2) The Commissioner may in special cases grant permission for any of the purposes aforesaid subject to such general or special orders as the Government may, from time to time, make in this behalf.
- (3) An offence against this section shall be deemed to be a cognizable offence within the meaning of sections 149, 150 and 151 of the Code of Criminal Procedure, 1898.
Chapter XIV SANITARY PROVISIONS.
572. Acts prohibited in connection with disposal of dead
No person shall —
- (a) retain a corpse on any premises, without cremating, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;
- (b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Commissioner may, by public notice, from time to time, think fit to require;
- (c) except when no other route is available carry a corpse or part of a corpse along any street which is for the carrying corpses prohibited by a public notice issued by the Commissioner in this behalf;
- (d) remove a corpse or part of a corpse, which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle;
- (e) whilst conveying a corpse or part of a corpse place or leave the same on or near any street, without urgent necessity;
- (f) bury or cause to be buried any corpse or part of a corpse in a grave or vault or otherwise in such manner that the surface of the coffin or, when no coffin is used, of the corpse or part of the corpse shall be at a less depth than six feet from the surface of the ground;
- (g) build or dig, or cause to be built or dug, any grave or vault in any burial ground in any line not marked out for this purpose by or under the order of the Commissioner;
- (h) build or dig, or cause to be built or dug, any grave or vault in any burial ground at a less distance than two feet from the margin of any other grave or vault;
- (i) without the written permission of the Commissioner, reopen for the interment of a corpse or of any part of a corpse, a grave or vault already occupied;
- (j) after bringing or causing to be brought to a crematorium any corpse or part of a corpse fail to cremate or cause the same to be cremated within six hours from the time of the arrival thereof at such ground;
- (k) when cremating or causing to be cremated any corpse or part of a corpse, permit the same or any portion thereof to remain without being completely reduced to ashes or permit any cloth or other article used for the conveyance or cremating of such corpse or part of a corpse to be removed or to remain on or near the place of cremation without its being completely reduced to ashes.
Some statutory text is still being prepared for this language version.
PDF: pending for this language.