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| THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994 |
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Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994
Year : 1994
Act :
CHAPTER X
MUNICIPAL POWER AND OFFENCES
Powers in respect of road
111.Power to make roads.
111.Power to make roads.-(1) A Nagar Panchayat or as the case may be, a Council may-
(a) layout or make new public road; or
(b) widen open, enlarge or otherwise improve any public road and construct tunnels and other works subsidiary to such road; or
(c) divert, discontinue or close permanently any public road; or
(d) sell or lease the land forming such road or any part thereof, acquired for the purpose of such road or for any other purpose of this Act:
Provided that no such public road shall be discontinued, perman-
ently closed or used for any other purposes without the previous sanction of the Government.
(2) In laying out, making, turning, diverting, widening, opening; enlarging or otherwise improving any public road, the Nagar
Panchayat or the Council may, in accordance with the provisions of this Act, acquire land required for the carriage-way, footways and drains thereof.
112.Power to repair, etc., of private road, drains etc.
112.Power to repair, etc., of private road, drains etc.-(1) Where a Nagar Panchayat or a Council considers that in any road not being a public road, or in any part of such road within the municipality, it is necessary for the public health, convenience or safety that any work should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the Nagar
Panchayat or as the case may be, the Council may, by written notice, require the owner or owners of the several lands or buildings fronting or adjoining the said road or abutting thereon to carry out such work in such manner and within such time as may be specified in such notice.
(2) If the notice under sub-section (1) is not complied with, such work may be executed by the Nagar Panchayat or the Council, the expenses thereby incurred, shall be apportioned by the Nagar Panchayat or the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it necessary, to the amount and value of any work already done by the owners or occupiers of such lands and buildings.
(3) After such work has been carried out by the owner or by the owners or on the failure of the owners to do so, by the Nagar
Panchayat or the Council at the expenses of such owners the road or part thereof in which such work has been done, may, and on the joint requisition of a majority of the said owners, shall be declared by public notice put up, therein by the Nagar Panchayat or the Council to be a public road.
113.Prohibition of use of public roads by a class of animals, carts orvehicles.
113. Prohibition of use of public roads by a class of animals, carts or vehicles.- (1) The Nagar Panchayat or as the case may be, the
Council may. by public notice prohibit or regulate the driving, riding or leading of animals or vehicles of any particular kind along any public road or part of any such road.
42.(2) Any person who disobeys an order passed by the Nagar
Panchayat or as the Case may be, the Council under the provisions of sub-section (1) shall be punishable with fine not exceeding two hundred rupees.
114.Penalty for encroachment on public roads, etc.
114. Penalty for encroachment on public roads, etc.- Any person, who without the permission of the Nagar Panchayat or of the Council,--
(a) enroaches upon any public road or house-guilty or upon any public drain, sewer, aqueduct, water-course or that by making any excavation or by erecting any wall, fence, rail, post, projection or other obstruction, or by deposing any movable property thereon, or
(b) takes up or alters the pavements or other materials, fences or posts on any public road,
shall, for every such offence, be punishable with fine not exceeding two thousand and five hundred rupees and with a further fine not exceeding two hundred rupees for every day during which the encroachment continues after the first conviction.
115.Use of public road or place by vendors and other person and penaltythereof.
115. Use of public road or place by vendors and other person and penalty thereof.- (1) Subject to the provisions of this Act and the rules and bye-laws made thereunder, no itinerant vend or or any other person shall use or occupy any public road or place for the sale of articles or for the exercise of any calling, or for setting up any booth or stall without the permission of the Nagar Panchayat or of the
Council.
(2) Whoever violate the provision of sub-section (1) shall be punishable with fine which may extend to two thousand five hundred rupees and with fine which may extend to five hundred rupees for every
Subsequent offence after the first conviction.
116.Power to remove obstructions, encroachments and projection in or onpublic road, etc.
116. Power to remove obstructions, encroachments and projection in or on public road, etc.- The Nagar Panchayat or as the case may be, the Council may, notwithstanding any proceedings which may have been started against him under this Act, issue a notice requiring any person to remove any building which he may have built or any fence, rail, post or other obstruction or encroachment which he may have erected or stacked, on tiny part of a public road, house-gully, public drain, sewer, aqueduct, watercourse, ghat or any land vested in the
Nagar Panchayat or in the Council and, if such person fails to comply with such requisition within fortyeight hours of the receipt of the same, the Sub-Divisional Magistrate may, on the application of the
Nagar Panchayat or of the Council, order that such obstruction or encroachment be removed and thereupon the Nagar Panchayat or the
Council may remove any such obstruction of encroachment and the expenses thereby incurred shall be paid by the person who erected or stacked the same.
117.Procedure when person who erected obstruction cannot be found.
117. Procedure when person who erected obstruction cannot be found.- (1) If the person who built, erected or stacked the said building, fence, rail, post or other obstruction or encroachment referred to in the preceding section is not known or cannot be found, the Nagar Panchayat or as the case may be, the Council may cause a notice to be posted in the neighbourhood of the said building, fence, rail, post or other obstruction or encroachment requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition.
(2) If the said building, fence, rail, post or other obstruction or encroachment be not removed in compliance with the requisition con-
tained in such notice Within forty-eight hours of the posting of the
43.same, the Sub-Divisional Magistrate may, on the application of the
Nagar Panchayat or as the case may be, the Council, order that such obstruction or encroachment be removed, and thereupon the Nagar
Panchayat or as the case may be, the Council may remove any such obstruction or encroachment, and may recover the cost of such removal, by sale of the materials so removed.
(3) The surplus sale-proceeds, if any, shall be credited to the
Municipal Fund, and may be paid on demand to any person who established his right to the satisfaction of the Nagar Panchayat or as the case may be, the Council or in any court of competent jurisdiction.
118.Projection from buildings to be removed.
118.Projection from buildings to be removed.- (1) The Nagar
Panchayat or as the case may be, the Council may issue a notice requiring the owner or occupier of any building to remove or alter any projection, obstruction or encroachment erected or placed against or in front of such building, if the same overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public road or house-
gully, or obstructs, or projects or encroaches into or upon any drain, sewer, or aqueduct in any public road or into or upon any public water-course or ghat or any land in the Nagar Panchayat or the
Council, as the case may be.
(2) If such owner or occupier fails to comply with such requisition within forty-eight hours of the receipt of the notice, or within such further time as the Nagar Panchayat or the Council may allow, the Sub-Divisional Magistrate may, on the application of Nagar
Panchayat or of the Council, order that such projection, obstruction or encroachment be removed or altered and thereupon the Nagar
Panchayat or the Council may remove or alter such projection, obstruction or encroachment, and any reasonable expense incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or occupier.
(3) If the expense of removing or altering any: such structure or fixture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitled to deduct. any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.
119.Power of the District Magistrate and Sub-Divisional Magistrate toremove encroachment summarily on requisition by the Government.
119. Power of the District Magistrate and Sub-Divisional
Magistrate to remove encroachment summarily on requisition by the
Government.- Notwithstanding anything contained in sections 116 and
118, a District Magistrate or a Sub-Divisional. Magistrate shall, on being so required by the Government, order any person responsible for any obstruction or encroachment or projection as specified in sections
116 and 118 to remove or alter such obstruction or encroachment or projection within a period of not less than forty-eight hours and on non-compliance the District Magistrate, or the Sub-Divisional
Magistrate as the case may be, shall remove such obstruction or encroachment or projection and realise the expenses, thereby incurred from the person concerned as fine in a Criminal Court:
44.Provided that in case the person or persons responsible for such obstruction, encroachment or projection is or are not known or cannot be found the procedure laid down in section 117 shall be followed.
120.Effect of order made under section 116, 117, 118 or 119.120.Effect of order made under section 116, 117, 118 or 119.-
Every order made by a Sub-Divisional Magistrate or a District
Magistrate as the case may be, under section 116, 117, 118 or 119.shall be deemed to be an order made by him in the discharge of his judicial duty and the Nagar Panchayat or as the case may be, the
Council shall be deemed. to be person bound to execute such order within the meaning of the Judicial Officers Protection Act, 1850 (Act
XVII of 1850).
121.Nagar Panchayat or Council may require land holders to trim hedges,etc.
121.Nagar Panchayat or Council may require land holders to trim hedges, etc.- The Nagar Panchayat or as the case may be, the Council may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public road or drains, and to cut and trim any trees or bamboos thereon overhanging the public road, drain, or tank, or any well used for drinking purpose or obstructing any public road or drain or causing or likely to cause damage to ally public road or drain or any property of the Nagar
Panchayat or of the Council or likely to cause damage to person using any public road or likely to foul the water of any well or tank.
122.Penalty for disobeying requisition under section 116, 117, 118 or 119.122.Penalty for disobeying requisition under section 116, 117,
118 or 119.- Whoever, being the owner or occupier of any house on land within a municipality, fails to comply with a requisition issued by the Nagar Panchayat or as the case may be, the Council under the provisions of section 116, 117, 118 or 119 shall be punishable with fine not exceeding two thousand rupees, and with a further fine not exceeding one hundred rupees for every day during which the default is continued after the first conviction.
123.Names of public roads and number of building.
123. Names of public roads and number of building.- (1) The Nagar
Panchayat or as the case may be, the Council may cause a name to be given to any public road and to be fixed in such place as it may think fit, and may also cause a number to. be affixed to every building, and in like manner may, from time to time, cause such names and numbers to be altered.
(2) Any person who destroys, pulls down, defaces or alters any name or number pi-it, up by the Nagar Panchayat or as the case may be, the Council under sub-section (1) shall, for every such offence be punishable with fine which may extend to two hundred rupees.
Building
124.Erection of building without sanction.
124.Erection of building without sanction.- (1) No person shall erect, materially alter or re-erect or commence to erect, materially alter or re-erect any building without the sanction of the Nagar
Panchayat or of the Council, as the case may be.
(2) Every person Who intends to erect, materially alter or re-
erect any building shall give notice in writing to the Nagar Panchayat or as the case may be, to the Council of such erection.
(3) When bye-laws have been framed under this Act no notice under sub-section (2) shall be considered to be valid until such notice has complied with the provision of the bye-laws.
45.Explanation.- An alteration in a building for the purposes of this section and of bye-laws be deemed to be material if it-
(a) 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;
(b) increase or diminishes the height or area covered by, or the cubical capacity of the building, or of any room in the building.
(4) In the municipalities where water works are maintained it shall be compulsory for persons erecting or re-erecting buildings costing rupees two lakhs or more (excluding cost of land and of improvement of land) to install sanitary latrines. The municipality shall withhold sanction if the plan and specification of the building submitted with the notice do not contain provision for installation of sanitary latrines.
125.Special provision for cases where bye-laws have not been made.
125.Special provision for cases where bye-laws have not been made.- In any case in which no bye-laws have been made under this Act the Nagar Panchayat or as the case may be, the Council may, within fourteen days of the receipt of the notice required by sub-section (2)
of section 124, require a person who has given such notice to furnish, within one week of the receipt by him of the requisitions information on all or ally of the matters as to which bye-laws might have been made and in such case the notice shall not be valid until such information has been furnished.
126.Powers of Nagar Panchayat or the Council to sanction or refuse.
126. Powers of Nagar Panchayat or the Council to sanction or refuse.- (1) Within sixty days after the receipt of the notice, required by sub-section (2) of section 124, the Nagar Panchayat or as the case may be, the Council may refuse to sanction the building or may sanction it either absolutely or subject to such modification as it may deem fit in respect of all or any of the matters specified in bye-laws and the person erecting, materially altering or re-erecting any such building as aforesaid shall comply with the sanction of the
Nagar Panchayat or as the case may be, the Council as granted in every particular.
(2) When within a period of sixty days, the Nagar Panchayat or the Council fails, after the receipt of a valid notice. to make and deliver to the person who has given such notice, an order of sanction or refusal in respect thereof, it shall be deemed to have sanctioned the proposal of building absolutely:
Provided that the time taken by the applicant in furnishing any information requisitioned by the Nagar Panchayat or by the Council, if any, after the receipt of the valid notice shall not be counted in the period of sixty days referred to in this sub-section.
Explanation.-The Nagar Panchayat or the Council may refuse to sanction the erection, material alteration or re-erection of any building either on the grounds affecting the particular building or in pursuance of general scheme adopted by the Nagar Panchayat or by the Council at a meeting restricting the. erection or re-erection of building or any class of building within specified limits for the prevention of overcrowding or in the interest of the residents within such limits or for any other public purpose. Permission may also be refused in any case
46.in which there is any dispute between. the Nagar Panchayat or as the case may be, the Council and the applicant as to the title of the land on which it is proposed to erect the building until such dispute is decided.
127.Lapse of sanction.
127.Lapse of sanction.-A permission to erect, materially alter or re-erect building granted under this Chapter or deemed to have been given by the Nagar Panchayat or as the case may be, the Council, shall unless it is renewed on an a pplication made to the Nagar Panchayat or the Council for this purpose continue only for one year after the date on which it is granted.
128.Penalty for building without or in contravention of sanction.
128.Penalty for building without or in contravention of sanction.-
Whoever erects, materially alters or re-erects or commences to erect, materially alter or re-erect any building without the previous sanction of the Nagar Panchayat or as the case may be, the Council or in contravention of any directions given by the, Nagar Panchayat or as the case may be, the Council granting sanction under section 123 shall be liable to a fine not exceeding one thousand rupees for every such offence, and to a further fine not exceeding two hundred rupees for each day during which the offences continued after his first conviction.
129.Power of a Nagar Panchayat or a Council in case of disobedience.
129.Power of a Nagar Panchayat or a Council in case of disobedience.- (1) If the construction of a building is started, or if a building is materially altered or erected-
(a) without sanction as required by section 126 (1); or
(b) without notice as required by section 124 (2); or
(c) when sanction has been refused; or
(d) in contravention of the terms of any sanction granted;
or
(e) when the sanction has lapsed; or
(f) in contravention of any bye-laws made under clause (vi)
of sub-section (1) of section 209,
the Nagar Panchayat or as the case may be, or the Council may, by notice, to be delivered within a reasonable time, require the building to be altered or demolished as it may deem necessary, within the period of thirty days from the date of the service of such notice:
Provided that the Nagar Panchayat or as the case may be, or the
Council may instead of requiring the alteration or demolition of any such building accept by way of composition such sum as it may deem reasonable.
(2) Any person who fails to comply with a requisition issued by the Nagar Panchayat or as the case may be, or ,he Council under the provisions of sub-section (1) shall be liable to a fine not exceeding five hundred rupees and to a further fine not exceeding one hundred rupees for every day during which the person continues to make such default after service on him of such requisition.
130.
Roofs and external walls not to be made of inflammable materials.
130.Roofs and external walls not to be made of inflammable materials.- The Nagar Panchayat or as the case may be, the Council by written notice, may require any person who has made any external roof or wall with thatch mats, leaves or other inflammable materials and in contravention of bye-laws made under section 209 to remove or alter such roof or wall within a period to be specified in the notice.
47.
131.Power to attach brackets for lamps.
131.Power to attach brackets for lamps.-The Nagar Panchayat or as the case may be, the Council may, attach or cause to be attached to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.
132.Building unfit for human habitation.
132.Building unfit for human habitation.- (1) If a building, or a room in a building is in the opinion of the Nagar Panchayat or as the case may be, the Council unfit for human habitation in consequence of the want of proper means of drains or ventilation or otherwise, the
Nagar Panchayat or as the case may be, the Council 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 whether absolutely or not unless, within a time to be specified in the notice he effects such alteration therein as is specified in the notice.
(2) Upon failure of a person to whom notice is issued under sub-
section (1) to comply therewith, the Nagar Panchayat or as the case may be, the Council may require by further notice the demolition of the building or room.
(3) Any person who uses a building or room or suffers to be used contrary to the provision of sub-section (1) shall be punishable with fine not exceeding five hundred rupees, and with a further fine not exceeding one hundred rupees for every day during which the offence is continued after the first conviction.
133.Fencing of building in dangerous state.
133.Fencing of building in dangerous state.-(1) A Nagar Panchayat or as the case may be, a Council may require by notice the owner or occupier of any land or building-
(a) to demolish, secure or repair within eight days from the date of service of the notice in such manner as it deems necessary any building, portion of a building, wall or other structure or anything affixed thereto which appear.-, to it to be in ruinous condition or dangerous to inmates if any, passers-by or other property, or
(b) to repair, secure or enclose, within eight days from the date of service of the notice, in such manner as it deems necessary any tank, well or excavation belonging to such owner or in the possession of such occupier which appear to the Nagar Panchayat or the Council to be dangerous to persons by reason of its situation, want of repairs or other such circumstances.
(2) Where it appears to the Nagar Panchayat or the Council that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the Nagar
Panchayat or as the case may be, of the Council to take immediate action and recover the expense so incurred from the owner or occupier of the building or the owner or occupier of the land to which such building or other structure or anything is affixed.
134.Nagar Panchayat or Council may require owners to pull down ruins.
134.Nagar Panchayat or Council may require owners to pull down ruins.- Whenever it appears to the Nagar Panchayat or Council that any building by reason of abandonment or disputed ownership or other cause is undaunted or by reason of having fallen into ruins, affords facili-
ties for the commission of a nuisance by disorderly persons or for the harbouring of snakes or other noxious animals, the Nagar Panchayat or the Council may require the owner of such building or the land to which such building is attached, to properly secure the same, or to remove or level such ruins, as the case may require.
48.135.Penalty for disobeying requisition under sections 133 and 134.135.Penalty for disobeying requisition under sections 133 and
134.-Any owner or occupier of a house or land who fails to comply With requisition issued by the Nagar Panchayat or the Council under the provisions of sections 133 and 134, shall be liable, for every such default, to a penalty not exceeding one thousand rupees, and to a further penalty not exceeding two hundred rupees, for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.
136.Compensation of erection or re-erection.
136.Compensation of erection or re-erection.-Subject to any other provision in this Act as regard compensation, no compensations shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of the erection of any building.
Powers connected with drains
137.Power to require owners to clear naxious vegetation.
137.Power to require owners to clear naxious vegetation.- The
Nagar Panchayat or the Council may, by notice, require the owner or occupier of any land within such time as the Nagar Panchayat or the
Council may fix to cut and remove any tree -or bamboos or branches thereof, or eradicate and destroy vegetation and undergrowth which may appear to the Nagar Panchayat or the Council to be insanitary, injurious to health or offensive to the neighbourhood or to be causing or likely to cause damage or destruction to any crop growing or to be grown, or to be obstruction or likely to obstruct the free passage for men or animals along a public road, or of any boat of stream vessel along a public water way.
138.Power to require owners to improve bad drainage.
138.Power to require owners to improve bad drainage.-Whenever any land, being private property or within any private enclosure, appears to the Nagar Panchayat or the Council by want of to drainage to be in a state injurious to health or offensive to the neighbourhood, or by reason of inequalities of a surface to afford facilities for the commission of a nuisance, the Nagar Panchayat or the Council may require the owner or the occupier of such land or both within fifteen days, to drain such land or level surface:
Provided that, if for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who is required to drain his land, or to pay compensation to any other person. the Nagar Panchayat or as the case may be, the Council shall provide such hand and pay such compensation.
139.Power to require unwhole source tanks or private premises to becleansed or drained.
139.Power to require unwhole source tanks or private premises to be cleansed or drained.- (1) The Nagar Panchayat or the Council may require the owner or occupier of any land within eight days or such longer period as the Nagar Panchayat or the Council may fix, either to re-excavate or at his or option fill up with suitable material or to cleanse any, well, water-course, private tank or pool therein, and to drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive to the neighbourhood:
Provided that if, for the purpose of effecting any drainage under this section, it shall be necessary to acquire any land not being the property of the person who is required to, drain his land or to pay compensation to any Other person, Nagar Panchayat or as the case May be the Council shall provide such land and pay such compensation.
49.(2) If under the provisions of this Act the Nagar Panchayat or the Council execute the work of such re-excavation -or filling up with suitable material, it may take possession of the tank or pool or the sites of such tank or pool and retain such possession and turn the same to profitable account until the expenses thereby incurred shall have been realised.
140.
Wells tanks, etc., to be secured.
140.Wells tanks, etc., to be secured.-If any. well, tank or other excavation, whether on public or private ground, be, for want of sufficient repair or protection, dangerous to passers by the Nagar
Panchayat or as the case may be, the Council shall forthwith require by notice such owner or occupier, or both within eight days, properly to secure or protect such well, tank or other excavation; and if after the said period the work is not executed, the Nagar Panchayat or as the case may be, the Council shall cause a temporary hoard or fence to be put for the protection of passers by and recover the expenses so incurred from the owner or occupier or the owners and occupiers of the land on which such tank, well or other excavation is situated.
141.Penalty for disobeying requisition under sections 137, 138, 139 and140.
141.Penalty for disobeying requisition under sections 137, 138,
139 and 140.- Any owner or occupier of a house or land who fails to comply with a requisition issued by the Nagar Panchayat or the Council under the provisions of section 137, 138, 139 or 140 shall be punishable With fine not exceeding one thousand rupees, and with a further fine not exceeding two hundred rupees for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.
142.Power of Government to prohibit cultivation, use of manure orirrigation injurious to health.
142.Power of Government to prohibit cultivation, use of manure or irrigation injurious to health.- If the Director of Medical Health and
Family Planning Services, Public Health Officer of the Government or
Health Officer of the municipality or such other Medical Officer of the Medical Department of Manipur as may be prescribed, certifies 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 any place within the limit of the municipality, is injurious to the health of person dwelling in the neighbourhood; or
(b) in any place within or without the limits of the municipality is likely to contaminate the water supply of the municipality or otherwise renders it unfit for drinking purposes the Government, on receipt of an application from the municipality by public notice, prohibit the cultivation of such crop, the use of manure or the use of the method of irrigation so certified to be injurious, or impose such conditions with respect thereto as may prevent the injury.
143.Public latrines and urinals.
143. Public latrines and urinals.- The municipality may provide and maintain in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to De properly cleansed.
144.Power to demolish unauthorised drains leading into public.
144.Power to demolish unauthorised drains leading into public.-
(1) If any person, without the written permission of the, municipality first obtained, marks or causes to be made, or alter or causes to be altered, any drain leading into any sewer, drain, water-course, road or land vested in the municipality, the municipality may cause such branch drain to be demolished, altered, made or otherwise dealt with as it may deem fit, and the penses thereby incurred shall be paid by such person, making or altering such branch drain.
50
(2) The person so making or altering such branch drain shall also be liable for every such offence to a fine not exceeding five hundred rupees.
145.Penalty for allowing water of any sewer, etc., to run on any publicroad.
145.Penalty for allowing water of any sewer, etc., to run on any public road.- Whoever causes or allows the water of any sink, sewer, latrine, urinal, cesspool or any other offensive matter belonging to him or being on his Land to run, drain or be thrown or put upon any public road, or causes or allows any offensive matter to run, dram or be thrown into a surface drain near any public road shall be liable to a fine not exceeding two hundred rupees and a daily fine not exceeding fifty rupees during which the offence is continued.
146.Power to require owner to drain land.
146.Power to require owner to drain land.- If any laud, near a sower, drain or other outlet into which such land may, in the opinion of the Nagar Panchayat or as the case may be, the Council, be drained, is not drained to the satisfaction of the Nagar Panchayat or as the came may be, of the Council, it may require the owner within one month to drain the said land into such sewer, drain or outlet.
147.Penalty for disobeying requisition under section 146.147. Penalty for disobeying requisition under section 146.- Any person who fails to comply with a requisition issued by the Nagar
Panchayat or, as the case may be, by the Council under the provision of section 146 shall be liable for every such offence,, to a fine not exceeding two hundred rupees and a further fine not exceeding fifty rupees for every day during which he shall continue to make such default after service on him of such requisition.
Scavenging and cleaning
148.Establishment for removal of sewage, offensive matter and rubbish.
148.Establishment for removal of sewage, offensive matter and rubbish.-The Nagar Panchayat or, as the case may be, the Council shall provide for the removal-
(a) of sewage, rubbish and offensive matter from all public latrines, urinals and drains and from all public roads and all other property vested in the municipality, and
(b) in any municipality wherein a latrine tax has been imposed under sub-section (1) of section 75 of sewage and offensive matter from all private latrines, privies, urinals, cesspools and compounds.
149.Sewerage scheme.
149. Sewerage scheme.- A municipality may also introduce a, sewerage scheme for removal of sewage by flushing with water through underground closed sewers. When a municipality introduces such a scheme in its area the municipality may, where it is felt necessary, with the approval of the State Government. levy additional latrine and water taxes to meet the cost and maintenance of such scheme.
150.
Removal of sewage, offensive material, rubbish.
150. Removal of sewage, offensive material, rubbish.- (1) The municipality may, from time to time. by an order published in the prescribed manner, appoint the hour within which sewage and offensive matter may be moved, the manner in which the same shall be moved, as also the hours within which only every occupier of any house or land may place rubbish in a receptacle provided by the municipality on or by the side of the public road.
(2) The municipality may provide placer, convenient for the deposit of sewage and offensive matter and require the occupiers of houses to cause the same to be deposited daily or at other stated intervals in such places, and may remove the same at the expense of the occupiers from any house if the occupier thereof fails to do so.
51.151.Penalty for placing rubbish on public road.
151.Penalty for placing rubbish on public road.- Any person who places or allows to place rubbish. an a public road or in a receptacle provided by the municipality at a time other than the time appointed by the municipality under sub-section (1) of section 150 shall for every such offence, be punishable with fine not exceeding five hundred rupees.
152.Penalty on occupier for not removing fifth, etc.,
152. Penalty on occupier for not removing fifth, etc.- Any occupier of a house on or near a public road who keeps or allows to be kept, for more than twenty-four hours, or for more than such shorter time as may be appointed by the municipality, otherwise than in some proper receptable, any house, ashes, sewage or any noxious or offensive matter in or upon such house, or in any out-house, yard or ground attached to and occupied with the house or suffers such receptacle to be in a filthy or noxious state, or neglects to employ means to cleanse the same shalL be punishable with fine not ,exceeding five hundred rupees.
153.Penalty for throwing offensive matter on public roads, etc.,
153.Penalty for throwing offensive matter on public roads, etc.-
Any person who, without .he permission of the municipality throws or puts, or permits his servants to throw or put any sewage or offensive matter on any public road, or who throws or puts or permits his servants to throw or put, any earth, rubbish, sewage or offensive matter into any drain communicating therewith shall be punishable with fine not exceeding, five hundred rupees.
154.Power of servants of the Nagar Panchayat or of the Council.
154.Power of servants of the Nagar Panchayat or of the Council.-
All servants of the Nagar Panchayat, or as the case may be, of the
Council employed for the purposes mentioned in section 163 may, within such hours as may be fixed by the Nagar Panchayat or the Council, enter any premises, of which the occupier or owner is - liable to pay latrine tax and ,do all things necessary for the performance of their duties.
Water supply and drainage system
155.Supply of drinking water.
155.Supply of drinking water.-(1) EVery Nagar Panchayat or as the case may be the Council shall provide or arrange for the provision of a sufficient supply of drinking water for the inhabitants of the areas within its jurisdiction.
(2) Every Nagar Panchayat, or as the case may be. the Council shall provide sufficient and regular supply of drinking water fit for human consumption or for domestic purpose within the jurisdiction of the Nagar Panchayat, or of the Council.
156.Removal of latrines, etc., near any source of water supply.
156.Removal of latrines, etc., near any source of water supply.-
The municipality 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 as is likely to endanger the purity of water, a spring. well. tank, reservoir or other source from which water is. or may be, derived for public User, to remove or came the same within one week from the service of such notice.
157.Owner or occupier to take steps to prevent spread of infectiousdisease.
157. Owner or occupier to take steps to prevent spread of infectious disease.- In the event of a municipality, or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf, the owner or occupier 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 be deems fit to prevent the, removal of water therefrom.
52.158.Unauthorised construction or tree ever drain or water works.
158.Unauthorised construction or tree ever drain or water works.-
(1) Where any road or way, has been made or any building, wall or other structure has been erected or any tree has been planted over a public drain, culvert or a water-work vested in the municipality, without the permission in writing of the municipality, the municipality may, without prejudice to the generality of the other provision of this Act-
(a) by notice require the person who has made the road, erected the structure or planted the tree, or the owner or occupier of the land on which, the road has been made, structure erected or tree planted, to remove or deal in any other way as the municipality thinks fit with the road, structure or tree or
(b) itself remove or deal in any other way as it thinks fit with the road, structure or tree.
(2) Any expense incurred by a municipality for action taken under clause (b) of sub-section (1) shall be recoverable from the person by whom the road or way made, structure erected or tree planted.
Burial and burning ground or disposal of corpses
159.Powers in respect of burial and burning places.
159. Powers in respect of burial and burning places.- (1) The municipality may, from time to time, out of the Municipal fund, provide suitable places to be used as burial or burning grounds either within or without the limits of the municipality and may charge such fees on the persons using the places as may be fixed by bye-laws which may be framed in that behalf.
(2) The municipality may, by public notice, order any burial or burning ground situated within municipal limits or any municipal burial or burning ground outside such limits which is certified by the
Director of Medical, Health and Family Planning Service or a Public
Health Officer of the State Government or a Health Officer of the municipality to be dangerous to the health of persons living in the neighbourhood, to be closed, from a date to be specified in, the notice, and shall, in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose.
(3) If any person, without the permission of the municipality bury or burn any corpse, or permit, to be buried or burnt, any corpse at any place which is not any burial or burning ground made or formed according to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to five hundred rupees.
(4) Private burial places may be exempted from the order subject to such conditions as the municipality may impose in this behalf:
Provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial of members of the family of the owners thereof.
(5) No private burial or burning ground shall be made or formed within the municipality after the commencement of this Act, Without the permission in writing of the municipality.
160.
Burial of paupers and unclaimed dead bodies.
160. Burial of paupers and unclaimed dead bodies.- The municipality may from time to time, out of-the municipal fund, provide for the burial or burning of paupers and unclaimed dead bodies, free of charge, within the limits of the municipality or otherwise arrange to dispose of as it thinks fit.
53.161.Powers to cause corpses to be burnt or buried according to thereligious tenets of the deceased.
161.Powers to cause corpses to be burnt or buried according to the religious tenets of the deceased.- After the expiration of not less than twenty-four hours from the death of any person, the Nagar
Panchayat or as the case may be, Council may cause the corpse of such person to be burnt or buried, and the expenses thereby incurred shall be recoverable as a debt due from the estate of such person. in every such case, the corpse shall be disposed of, so far as may be possible in manner consistent with the religious tenets of the deceased.
CHAP
OTHER POWERS AND PENALTIES
Last updated on February, 2008
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