Powers of Zila Panchayat to make bye-laws

106 (1) A Zila Panchayat may, and where required by the State Government shall, make bye-laws for its own purposes and for the purposes of Kshettra Panchayats, applicable to the whole or any part of the rural area of the district, consistent with this Act and with any rule, in respect of matters required by this Act to be governed by bye-laws and for the purposes of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this Act in the Khand and the district. (2) In particular and without prejudice to the generality of the powers conferred by sub-section (1), a Zila Panchayat may, in the exercise of the said powers, make any bye-laws described in the list below: A- Construction (a) Declaring of any specific kind of alteration to be a "material alteration" ; (b) Prescribing that, on payment of fees in accordance with such scale as is specified in this behalf plans and specifications shall be obtainable from the Zila Panchayat ; (c) Fixing with reference to the period for which a sanction shall remain in force; (d) Prescribing the type and description of building which may or may br erected and the purpose for which a building may or may not be erected in any prescribed area or areas within a controlled rural area; (e) Prescribing the circumstances in which a temple mosque church or other sacred building may or may not be erected, re-erected or altered in a controlled rural, area ; (f) Prescribing with reference to the erection, re-erection or alteration of buildings, or any class of buildings, all or any of the following matters:- (1) the materials and method of construction to be used for external and party walls, roofs and floor; (2) the position and, the materials to be used in and method of construction of fire-places, chimneys, drains, latrines, privies, urinals and cesspools ; (3) the height and slope of the roof of the top floor upon which human beings are to live or cooking operations are to be carried on; (4) the ventilation and space to be left around the building to secure free circulation of air and to facilitate scavenging and for prevention of fire ; (5) the level and width of foundation, level of lowest floor and stability of structure : (6) the number and height of storeys constructed in the building; (7) the means to be provided for, exit from the building in case of fire ; (8) any other matter affecting the ventilation or sanitation of building ; and (9) the conditions subject to which, sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of water or danger to any person using the well. (g) Regulating in any manner not specifically provided in this Act, the erection of any enclosure, wall, fence, tent, owning, or other structure, of whatsoever kind of nature, on any land within a controlled rural area. B-Drains, latrines, pipes, cesspools, etc. (a) Regulating in any manner not specifically provided in this Act, the construction, alteration, maintenance, reservation, cleansing and repair of drains, ventilation shafts and pipes, water closets, privies, latrines, urinals, cesspools and other drainage works ; (b) regulating or prohibiting the discharge into drains, or deposit therein, of sewage, sullage, polluted water and other offensive or obstructive matter. C-Streets (a) Determining the information and plans to be furnished to the Zila Panchayat; (b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors by or by any person for the sale of articles, or for the exercise of any calling or for the Betting up of any booth or stall and providing for the levy of fees for such use or occupation; (c) regulating the conditions on which permission may be given by the Kshettra Panchayat for projections over streets and drains and by the Zila Panchayat for the temporary occupation of streets. D-- Markets, slaughter-houses, sale of food, etc. (a) Prohibiting the use of any place as a slaughter-house, or as a market or shop for the sale of animals intended for human food or of meat, or of fish, in default of a licence granted by the Zila Panchayat or otherwise than in accordance with the conditions of a licence so granted; (b) prescribing the conditions subject to which and the circumstances in which, and the areas or localities in, respect of which licences for such use may be granted, refused, suspended or withdrawn; (c) providing for the inspection of, and regulation of the conduct of business, in, a place used as aforesaid so as to secure Cleanliness therein or to minimize any injurious, offensive or dangerous, effect arising or likely to arise therefrom; (d) providing for the establishment, and for the regulation and inspection of markets and slaughter-houses, of livery stables, of on-camping grounds, of sarais of flour-mills, of bakeries, of places for the manufacture, preparation or sale of specified article of food or drink, or for keeping or exhibiting animals for sale or hire or animals of which the produce is sold, and of For the purposes of this Chapter- (a) "Appropriate authority" shall mean the Kshettra Panchayat if the subject comes within the functional jurisdiction of the Kshettra Panchayat and the Zila Panchayat in other cases; (b) "Kshettra Panchayat" shall, in relation to any part of the rural area including controlled rural area, mean the Kshettra Panchayat exercising jurisdiction in such part. (1) Without prejudice to any other provisions of this Act, the provisions of sections 106(d), 106(e), 106(f), 106(g), 106(h), 106(i), 106(j), 106(k), 106(l), 106(n), 106(o), 106(p), 106(r), 106(s), 106(t), 106(aa), 106(ab), 106(ac), 106(ad), 106(af), 106(ag), 106(bi), 106(bn) and 106 (bp) of this Chapter shall apply only to those portions of the rural area as have been specified by the Zila Panchayat under this section. (2) A Zila Panchayat may by resolution declare that the provisions of the sections mentioned in sub-section (1) or anyone or more of them shall apply to any portion of the rural area of the district to be specified in the resolution and thereupon the provisions of the sections mentioned in the resolution shall apply to the area so specified which shall be called controlled rural area; Provided that public notice of the resolution has been given to the residents of the controlled rural area in such manner as may be prescribed by rules. (1) No erection or re-erection of a building or material alteration in an existing building or making or enlarging a well within a controlled rural area abutting on or adjacent to a public street or place or property vested in Government or in the Zila Panchayat or Kshettra Panchayat shall be carried out except in accordance with the directions of any rule made by Government or bye-law made by the Zila Panchayat and shall not be commenced unless written notice thereof has been tendered to the Kshettra Panchayat not less than of one month in advance, with such details of the proposed construction or alteration as may be required by bye-laws to be furnished alongwith such notice. (2) An alteration in a building shall, for the purpose of this Chapter and of any rule or bye-laws, be deemed to be material if- (a) it affects or is likely to affect prejudicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or, hygiene, or (b) it increases or diminishes the height or area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building-below the minimum prescribed in any bye-law, or (c) it converts into a place for human habitation a building or portion of a building originally constructed for other purposes, or (d) it is an alteration declared by a bye-law made in this behalf to be material alteration. (1) Subject to the provisions of any bye-law the Kshettra Panchayat may either refuse to sanction any work of which notice has been given under section 106(d) or may sanction it absolutely or subject to- (a) any written direction that the Kshettra Panchayat deems fit to issue in respect of all or any of the matters mentioned in sub-head (f) of heading ‘A' of sub-section (2) of section 106(a), or (b) any written direction requiring the set-back of the building or part of a building to the regular line of the street, prescribed under section 106(ak), or in default of any regular line prescribed under that section to the line of frontage of any neighboring building or buildings. (2) In the case of refusal to sanction under sub-section (1), the Kshettra Panchayat shall communicate in writing the reasons for such refusal to the person giving notice under section 106(d). (1) A sanction given or deemed to have been given by a Kshettra Panchayat under section 106(e) shall be available for three years or for such lesser period as may be prescribed by bye-law. (2) After the expiry of the said period the proposed work may not be commenced without a sanction under the foregoing section. The Pramukh, the Block Development Officer and, if authorized in this behalf by resolution of the Kshettra Panchayat , any other member, officer or servant of the Kshettra Panchayat may at any time and without warning inspect any work in respect of which notice is required under section 106(d)- (a) while under construction, or (b) inspect within one month of the receipt of a report that it has been completed or in default of such report, at any time after completion. Notwithstanding anything contained in this Act, a person giving notice under section 106(d) shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a Kshettra Panchatyat under section 106(e) unless-- (a) the order is passed on some ground other than that the proposed work would contravene a bye-law or be prejudicial to the health or safety of the public or any person; or (b) the order not provide a direction of nature or safety of public or any person as specifed in clause (a); or (c) the order not contains a direction, of the nature specified in clause (b) of sub-section (1) of section 106(e), or (d) the order is an order of refusal to sanction the re-erection of a building on the ground that it is unsuitable in plan or design to the locality or is intended for a purpose unsuitable to the locality, or contravenes a bye-laws. (1) A sanction given or deemed to have been given under section 106(e) shall not, beyond exempting the person to whom the sanction is given or deemed to have been given from any penalty or consequence to which he would otherwise be liable under section 106(j), 106(k) or 106(a k), confer or extinguish any right or disability or operate as an estoppels or admission or affect any title to property or have any other legal effect whatsoever. (2) In particular, such sanction shall not operate to relieve any person from the obligation imposed by section 106(a a) to obtain separate sanction for any structure referred to therein. Whoever begins, continues or completes the erection or re-erection of, or any material alteration in, a building or part of a building or the construction or enlargement of a well, without giving the notice required by section 106(e) or in contravention of the provisions of an order of the Kshettra Panchayat refusing sanction or any written directions made by the Zila Panchayat any bye-law, shall be liable upon conviction to a fine which may extend to five hundred rupees. The Zila Panchayat may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case where the considers that such erection, re-erection, alteration construction or enlargement is an offence under section 106(j) and may, in like manner direct the alteration or demolition, as it deems fit, of the building, part of a building or the well, as the case may be. The Zila Panchayat may construct within the controlled rural area such drains as it thinks necessary for keeping an inhabited area properly cleansed and drained and may carry such drains through, across or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through or under any building or land; Provided that compensation estimated in the in manner provided by rules shall be paid to such owner or occupier. (1) The Zila Panchayat may, from time to time, enlarge, lessen, alter the course of, cover or otherwise improve a public drain and may discontinue, close up or remove any such drain. (2) The exercise of the powers conferred by sub-section (1) shall be subject to the condition that the Zila Panchayat shall provide another and equally effective drain in place of any existing drain of the use of which any person is deprived by the exercise of the said powers. (1) The owner or occupier of a building or land within the rural area shall be entitled to cause his drains to empty into the drains of the Kshettra Panchayat; Provided that he first obtains the written permission of the Kshettra Panchayat, and that he complies with such conditions consistent with any bye-laws which the Kshettra Panchayat prescribes as to the mode in which, and the superintendence under which the communications are to be made between drains not vested in the Kshettra Panchayat and drains which are so vested. (2) Whoever, without the written permission of the Kshettra Panchayat or in contravention of any bye-law or of any direction or condition made or imposed under sub-section (1), makes or causes to be made, or alters or causes to be altered a connection of a drain belonging to himself or to some other persons with a drain vested in the Kshettra Panchayat, shall be liable upon conviction to a fine which may extend to fifty rupees, and the Kshettra Panchayat may by written notice require such person to close, demolish, alter, remake or otherwise deal with such connection as it deems fit. Except where a site abuts a public or private street, if any person owning or possessing any land in a controlled rural area not thereof used for building purposes intends to utilize, sell lease or otherwise transfer such land or any portion thereof as site for the construction of a building he shall before utilizing, selling, leasing or otherwise transferring such site layout and make a street which shall connect such site with an existing public or private street. (1) Every person before beginning to layout or make a new private street in a controlled rural area shall submit a application in writing to the Kshettra Panchayat seeking permission to layout or make such street and shall alongwith such. application submit the following particulars : (a) the proposed level, direction and width of the street, (b) the street alignment and the building line, and shall also state in the application the arrangement to be made for levelling, paving, medaling, flagging, channeling and draining of the street. (2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of a public street and the height or a, building abutting thereon shall also apply to the case of a street referred to in that sub-section (1); and all other particulars referred to in that sub-section shall be subject to the approval of the Kshettra Panchayat. (3) Within sixty days after the receipt of an application under sub-section (1) the Kshettra Panchayat shall either sanction the laying out or the making of the street on such conditions as it may think fit to impose or disallow it or ask for further information with respect to it within a specified reasonable period. (4) Such sanction may be refused if - (i) the proposed street would conflict with any arrangements which have been made or which are, in the opinion of the Kshettra Panchayat, likely to be made for carrying out any general scheme of street Improvement; or (ii) the proposed street does not conform to the provisions of the Act, rules and bye-laws referred to in sub-section (2); or (iii) the proposed street is not designed so as to connect at least one end with a public street. (iv) No persons shall layout or make any new private street or road without, or otherwise than in conformity with, the order of the Zila Panchayat. If further information is asked for under sub-section (3) the laying out or making of the street shall not be commencement until orders have been passed on the application after receipt of such information; Provided that the passing of such orders shall not in any case be delayed by more than thirty days after the Kshettra Panchayat has received all the information which it considers necessary for the final disposal of the application. If the Zila Panchayat neglect or omit for sixty days after the receipt of an application under section 106(p) to grant the sanction or if an order has been issued under sub-section (3) of the said section asking for further information fails within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the Zila Panchayat such person may by, a written communication call the attention to the omission, neglect or failure and if such omission, neglect or failure continues-for a further period of thirty days, the Zila Panchayat shall be deemed to have sanctioned the laying out and making of the proposed street absolutely: Provided that nothing contained herein shall be construed (1) Whenever the appropriate authority considers it expedient to define general line of buildings on each or either side of any existing or proposed public street, it shall give public notice of its intention to do so. (2) Every such notice specify a period in which objections shall be received. (3) The appropriate authority shall consider all objections received within the specified period and may then pass a resolution defining the said line, and. the line so defined shall be called the regular line of the street : (4) Thereafter it shall not be lawful for any person to erect, re- erect or alter a building or part of a building so as to project beyond the regular line of the street, unless he is authorized to do so by sanction granted by a permission in writing and the appropriate authority is hereby empowered to grant such permission under this section. (5) Any owner of land who is prevented by the provisions of this section from erecting, re-erecting or altering any building on any land may require the appropriate authority to make compensation for any damage which he may sustain by reason of such prevention, and upon the payment of compensation in respect of any land situated within the regular line of the street such land shall vest in the appropriate authority. (6) The appropriate authority may, by notice, require the alteration or demolition of any building or part of, a building erected, re-erected or altered in contravention of sub-section (4). (1) The appropriate authority shall, during the construction or repair of a public street or of any water channel, drain or premises vested in it, or whenever any public street, water channel drain or premises vested in it has, for want of repair, or otherwise become unsafe for use by the public, take all necessary precautions against accident by- (a) shoring up and protecting adjacent buildings, (b) fixing bars, chains or posts across or in any street or the purpose of preventing or diverting traffic during such construction or repair, and (c) guarding and providing with such sufficient lighting from sunset to sunrise any work in progress. (2) Whoever, without the authority or consent of the appropriate authority, in any way interferes with any arrangement of construction made by the appropriate authority under sub-section (1) or guarding against accident shall be liable on conviction to fine which may extend to fifty rupees or as prescribed. (1) The Kshettra Panchayat may and when so required by the Kshettra Panchayat shall, by notice, require the owner of, or the person having control over a private water-course, spring, tank, well or other place, the water of which is used for drinking, to keep and maintain the same in good condition and to clean the same, from time to time, of silt, refuse or decaying vegetation, and may also require him to protect the Same from pollution in such manner as the Kshettra Panchayat may think fit. (2) When the water of any such water-course, spring, tank, well or of other place is proved to the satisfaction of the Zila Panchayat or the Kshettra Panchayat, to be inappropriate for drinking, the Zila Panchayat or the Kshettra Panchayat may, by notice require the owner or person having control thereof to desist from so using such water or permitting others to so use it, and if, after such notice, such water is used by any person for drinking, the Zila Panchayat or the Kshettra Panchayat, as the case may be, may, by notice, require the owner or person having control thereof to close such well, either temporarily or permanently or to enclose or fence such water-course, spring, tank, well or other place in such manner as it may direct so that the water' thereof may not be so used. In the event of the rural area of the district, or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf by the State Government, the Chairman of the Zila Panchayat or the Pramukh of the Kshettra Panchayat, or any person authorised any them in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further take such steps as he deems fit to prevent the removal of water therefrom. The Zila Panchayat or the Kshettra Panchayat may, by notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice. (1) Where, on or after the commencement of this Act, any street has been made or any building, wall or other structure has been erected or any tree has been planted without the permission in writing of the Zila Panchayat or the Kshettra panchayat as the case may be, over a public drain or culvert or a water work vested in it, the Zila Panchayat or the Kshettra Panchayat, as the case may be, may- (a) by notice required the person who has made the street, erected the structure or planted the tree, or the owner or occupier of the land on which the street has been made structure erected or tree planted, to remove or deal in any other way the Zila Panchayat or the Kshettra Panchayat, as the case may be, thinks fit with the street, structure or tree, or (b) itself remove or deal in any other way it thinks fit with the street structure or tree. (2) Any expense incurred by the Zila Panchayat or the Kshettra Panchayat by action taken under clause (b) of sub-section (1) shall be recoverable by the person by whom the street was made, structure erected or tree planted. (1) The Kshettra Panchayat may with the approval of the District Magistrate, fix premises in a controlled rural area for the slaughter of animals, or animals of any specified description for sale, and may, with the like approval, grant and withdraw licences for the use of such premises. (2) When such premises have been fixed, no person shall slaughter any such animal for sale at any other place within a radius of two miles from such premises. (3) Whoever slaughter such animal at any other place within the radius of two miles for sale, he shall be liable on conviction to a fine which may extend to two rupees for each animal so slaughtered or as may be prescribed. Whenever it appears to the District Magistrate to be necessary for the preservation of the public peace or order, he may, subject to the control of the Commissioner of the Division, prohibit or regulate, by public notice, the slaughter anywhere within the rural area of animal or animals of any specified description for purposes other than sale and prescribe the mode and route in and by which such animals shall be brought to and meat shall be conveyed from the place of slaughter. Whoever in the rural area feeds or allows to be fed an animal which is kept for dairy purposes, or may be used for food, on Filthy or deleterious substances shall be liable on conviction to a fine which may extend to fifty rupees. Explanation- Filthy or deleterious food shall mean such food as has been specified by an authority and in the manner prescribed by rules to be filthy or deleterious food. The Chairman, the Chief Executive Officer, the Health Officer and any member officer or servant of Zila Panchayat authorized herewith by resolution and similarly the Pramukh, Block Development Officer or any other officer of the kshettra Panchayat authorized herewith by the Block Development Officer may, without notice at any time of day or night enter into and inspect any such market, shop, stall or place used for the sale of food or drink or as slaughter house or for the sale of drugs and examine an article of food or drink or animal or drugs which may be therein. (1) If, in the course of the inspection of a place under the preceding section, an article of food or drink or an animal appears to be intended for the consumption of human being and to be inappropriate therefor, the person inspecting, may seize and remove the same or may cause it to be destroyed, or to be so disposed of as to prevent its being exposed for sale or use for such consumption. (2) If it is reasonably suspected that a drug has been adulterated or by reason of time or the effect of climate has become inert or unwholesome, or has otherwise become deteriorated in such manner as to lesser its efficiency, or to change its operation, or render it noxious, the person inspecting may remove the same, giving a receipt therefore and may produce it before a Magistrate. (1) If it, is shown to the satisfaction of a Zila Panchayat that any building or place within the limits of the rural area which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to occasion a public nuisance, the Zila Panchayat may at its option require by notice the owner or occupier of the building or place- (a) to desist or refrain, as the case may be, from using, or allowing to be used the building or place for such purpose, or (b) only to use, or allow to be used, the building or place for such purpose under such conditions or after such structural alterations as the Zila Panchayat imposes or prescribes in the notice with the object of rendering the use of the building or place for such purposes free from objection. (2) Whoever, after receiving a notice given under sub-section (1) uses or allows to be used any building or place in contravention of the notice shall be liable on conviction to a fine which may extend to twenty rupees or as may be prescribed and to a further fine which may extend to five rupees for every day on which he so uses or allows to be used the place or building after the date of the first conviction or as may be prescribed. Whoever, in driving, leading or propelling a vehicle along a street in the rural area, fails, except in the case of actual necessity- (a) to keep to the left, or (b) when passing a vehicle going in the same direction, to keep to the right of that vehicle, shall be liable on conviction to a fine which may extend to ten rupees or as may be prescribed. Exception-- This section shall nither apply to the hilly districts of Kumaun of Uttarakhand Divisions nor where the aforesaid failure is an offence punishable under section 122(2) of the Motor Vehicles Act, 1939. (1) The Kshettra Panchayat may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stocking or collecting, or stocking or collecting beyond a specified quantity, wood, dry grass, straw or other inflammable materials, or from placing mats or thatched huts or lighting fires in any house, building place or within limits specified in the notice. (2) Where dry wood, grass, straw or other inflammable material is suspected to be stocked or collected in contravention of n prohibition under sub-section (1), or in excess of the quantity permitted to be kept in such house, building or place under the provisions of sub-section (1) or of any bye-laws the any officer or servant of the Zila Panchayat authorized by the Chief executive officer in this behalf may, without notice and at any period of the day or night, enter into and inspect a house or building or place. (3) If any quantity or excess quantity of such material be found it may be seized and held subject to such order as a magistrate may pass with respect to it. (4) If the magistrate decides that the material seized was stored in the house, building or place contrary to any prohibition made under sub-section (1) he may pass an order confiscating the same. (5) Subject to any provisions of or made under this or any other enactment, the material so confiscated may be sold by order of the Magistrate, and the proceeds, after defraying the expenses of such sale shall be credited in the district Fund. No order of confiscation under section 106 (b d) shall operate to prevent any other criminal or civil proceedings to which the person storing, or collecting or storing or collecting the materials in excess of the permitted quantity may be liable. (1) Whoever displaces, takes up or makes an alteration in or otherwise interferes with, the pavement, gutter, flags or other internals of a public street or the fences, walls or posts thereof, or other such Zila Panchayat or Kshettra Panchayat property therein without the written consent of the Zila Panchayat or the Kshettra Panchayat, as the case may be, or other lawful authority, shall be liable on conviction to a fine which may extend to one hundred rupees or as may be prescribed. (2) Any expense incurred by the Zila Panchayat or the Kshettra Panchayat by reason of the doing of any such thing as is mentioned in sub-section (1) may be recovered from the offender in the manner prescribed. Whoever discharges firearms or lets off fireworks or fire- balloons, or engages in a game, in such a manner as to cause, or to be likely to cause, danger to persons passing by feir to damage of or dwelling or working in the neighborhood, or risk of injury of life arises or likely to arise or property shall be liable on conviction to a fine which my extend to twenty rupees or as may be prescribed. (1) A Zila Panchayat may by notice require the owner or occupier of any land or building- (a) to demolish or to repair in such maner, as it deems necessary by Zila panchayat any building, wall, bank or other structure, or anything affixed thereto, or to remove any tree, belonging to such owner or in the possession of such occupier, which appears to the Zila Panchayat to be in a ruinous condition or dangerous to persons or property, or (b) to repair, protect or enclose, in such manner as it deems necessary, any well, tank, reservoir, pool or excavation belonging to such owner or in the possession of such occupier, which appears to the Zila Panchayat for be dangerous by reason of its situation, want of repair or other such circumstances. (2) Where it appears to the Zila Panchayat that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the Zila Panchayat itself to take such immediate action and in such case, it shall not be necessary for the Zila Panchayat to give notice, if it appears to the Zila Panchayat that the object of taking such immediate action would be defeated by the delay incurred in giving notice. (1) Whoever without the written permission of the Zila Panchayat- (a) causes or allows any vehicle, with or without an animal harnessed thereto, to remain or stand so as to cause obstruction in any public street in a controlled rural area longer than may be necessary for loading or unloading or for taking up or setting down passengers, or (b) leaves or fastens any vehicles or animal so as to cause obstruction on any such street, or (c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any such street, or (d) deposits, or occasioned to be deposited any building materials, box, bale, package or merchandize in any such street, or (e) erects or sets up any fence, rail, post, stall, or any scaffolding made of cloth or wood or any other such fixture in any such street, or (f) in any manner wilfully obstructs or causes obstruction to the free passage of any such street, shall be liable upon conviction to a fine which may extend to fifty rupees or as may be prescribed. (2) The Zila Panchayat shall have powers to remove any obstruction referred to in sub-section (1) and the expenses of such removal shall be recoverable from the offender in the manner provided by Chapter VIII. (3) The powers exercise able by a Zila Panchayat under sub-section (2) to remove obstructions from streets, shall also be exercisable for the removal by the Zila Panchayat of obstructions from any open space, whether vested in the Zila Panchayat or not, which is not private property. (4) Nothing contained in this section shall apply to any obstruction of a street permitted by the Zila Panchayat under any section of this Act or any rule or bye-law made or licence granted thereunder. The Zila Panchayat may require by notice any person employing more than twenty workmen or labourers or owning, managing or having control of a market, school or theatre of other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleaned; Provided that nothing in this section shall apply to a factory regulated by the Factories Act, 1948 (Act no 63 of 1948). The Zila Panchayat may by notice require the owner or occupier of any land or building to cleanse, repair, coyer, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the Zila Panchayat to be injurious to health or offensive to the neighborhood ; Provided that the owner or occupier may require the Zila Panchayat to acquire at its expense, or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under the foregoing provisions. If any land is in a filthy or unwholesome state, the Zila Panchayat may, by notice, require the owner thereof to cleanse, or otherwise put in a proper state, the land, and thereafter to keep the same in a clean and proper state. (1) The Zila Panchayat may in any controlled rural area- (a) provide receptacles and places for the temporary deposit of offensive matter and rubbish; (b) appoint places for the disposal of night-soil, and other offensive matter and rubbish, and (c) by public notice issue directions as to the time, manner and conditions at, in and subject to which any offensive matter or rubbish referred to in clauses (a) and (b) may be removed along a street, deposited or otherwise disposed of. (2) It shall be sufficient notice of the appointment of a place under clause (b) of sub-section (1) that a notice board indicating such appointment is displayed on or near the place appointed. The occupier of any building or land from which any offensive matter, rubbish, or night soil is thrown or deposited on any part of a public drain, or into any drain communicating with a public drain, otherwise than in a place appointed under clause (b) or in a receptacle or place provided under clause (a) of sub-section (1) of section 106(bm), and any person contravening any direction of a Zila Panchayat issued under clause (c) of the said sub-section shall be liable, upon conviction, to a fine not exceeding fifty rupees. In specified areas, whenever the water of a sink, sewer or cesspool, or any other offensive matter is allowed to flow, drain or be put upon a public street or place, or into a sewer or drain not set apart for the purpose without the permission in writing of the Zila Panchayat or in contravention of any condition prescribed in such permission, the owner or occupier of the land or buildings from which such water or offensive matter flows, drains or is put, shall be liable upon conviction, to a fine which may extend to fifty rupees or as may be prescribed. (1) In a controlled rural area, should a building, or a room in a building, be in the opinion of the Zila Panchayat unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the Zila Panchayat may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used either absolutely, or unless, within a time to be specified in the notice, he effects such alteration therein as is prescribed in the notice, (2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, it shall be lawful for the Zila Panchayat to require by further notice the demolition of the building or room. Whoever, while suffering from an infectious, contagious or loathsome disorder- (a) makes or offers for sale an article of food or drink for human consumption or a medicine or drug, or (b) wilfully touches any such article, medicine or drug when exposed for sale by others, or (c) takes any part in the business of washing or carrying soiled clothes, shall be liable upon conviction to a fine which may extend to fifty rupees or as may be prescribed. If the Director of Medical and Health Services certify that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner. (a) in a place within the limits of a rural area is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighborhood, or (b) in a specified place within the rural area is likely to contaminate the water supply of such specified place or otherwise render it unfit for drinking purposes, the Zila Panchayat may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent the injury or contamination; Provided that when, on any land in respect of which such notice is issued, the act prohibited has been practiced in the ordinary course of husbandry for the last five years next preceding the date of prohibition compensation shall be paid from the Zila Nidhi to all persons interested therein for damage caused to them by such prohibition. The Zila Panchayat may, by notice require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighborhood. In a rural area for which bye-laws have been made under sub-head (d) of heading "G" of section 106 the Zila Panchayat may by notice, require the owner or occupier of any land upon which an excavation cesspool, tank or pit had been made in contravention of such bye-laws or in breach of the condition under which permission to dig any such excavation, cesspool, tank or pit has been granted, to fill up or drain the excavation, cesspool, tank or pit within a period to be specified in such notice. (1) The Zila Panchayat may, by public notice order a graveyard crematorium which is certified by the civil surgeon or Health officer to be dangerous, or likely to be dangerous, to the health of persons living in the neighborhood to be closed from a date to be specified in the notice and shall in such case and if no suitable place for burial or burning exists within a reasonable distance shall provide a fit place for the said purpose. (2) Private graveyard in such burial grounds may be exempted from the notice, subject to such conditions as the Zila Panchayat may impose in this behalf : Provided that the limits of such burial places are sufficiently defined, and that they shall be used only for burial of members of the family of the owners thereof. (3) No new graveyard crematorium whether public or private shall be made or formed without the permission in writing of the Zila Panchayat. (4) No person shall, except with the permission of the Zila Panchayat in writing, bury or burn or cause to be buried or burnt, a corpse in a graveyard crematorium closed under sub-section (1) or made or formed in contravention of the provisions of sub-section (3). (5) Should a person bury or burn, or cause or permit to be buried for burnt, a corpse contrary to the provisions of this section, he shall be liable upon conviction to a fine which may extend to fifty rupees as may be prescribed. The Chairman, the Chief Executive Officer and, if authorized in this behalf by resolution any other member, officer or servant of the Zila Panchayat and similarly the Pramukh, the Khand Vikas Adhikari or any other officer of the Kshettra Panchayat authorised in this behalf by the Pramukh Block Development Officer may enter into or upon a building or land with or without assistants or workmen, in order to make an inspection or surveyor to execute a work which the Zila Panchayat or as the case may be, Zila Panchayat the Kshettrs Panchayat is authorized by this Act or by rules or bye-laws, to make or execute, or which it is necessary for the Zila Panchayat or the Kshettra Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws, to make or execute; Provided that- (i) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no entry shall be made between sunset and sunrise; and (ii) no entry shall be made except when it is under this Act or under rules fram there under or bye-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered, except with the consent of the occupier thereof, without giving previous written notice to the said occupier not less than four hour's of such intention to make entry, and (iii) sufficient notice shall in every instance be given even when, any premises may otherwise be entered without notice to enable the inmates of an apartment appropriated for females to remove to some part of the premises where their privacy need not be disturbed, and (iv) due regard shall always be paid to the social and religious usages of the occupants of the premises entered. It shall be lawful for a person authorized to make an entry for the purpose of inspection, or of search, to open or cause to be opened a door, gate or other barrier- (a) if he considers the opening thereof necessary, for the purpose of such entry, inspection or search, and (b) if the owner or occupier is absent or being present, refuses to open such door, gate, or barrier. Whoever obstructs or molests a person employed by, or under contract with, the Zila Panchayat or a Kshettra Panchayat under this Act in the performance of his duty or in the fulfillment of his contract, or removes a mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized by this Act, shall be liable to conviction to imprisonment upto three months or fine up to fifty rupees or both as may be prescribed.