Panchayat:Repo18/vol2-page0071

(5) any factory (not being a factory governed by the provisions of the Factories Act, 1948), Workshop or Workplace, which is not provided with sufficient means of ventilation or in which sufficient ventilation is not maintained, or which is not kept clean or not kept free from noxious effluvia or which is so overcrowded while work is carried on as to be prejudicial to the health of those employed therein:

(6) any fireplace or furnace which does not, as far as practicable, consume the smoke arising from the combustible used therein, and which is used for working engines by steam, or in any mill, factory, dye-house, brewery, bake-house or gaswork or in any manufacturing or trade process whatsoever,

(7) any chimney sending forth smoke in such quantities as to be a nuisance; and

(8) any noise, vibration, dust, cinders, irritating smell or offensive odour produced by a factory, workshop or workplace which is nuisance to the neighborhood.

40. Detection of nuisance.-

Every local authority shall-

(a) cause its local area to be inspected from time to time with a view to ascertain what nuisances exist therein calling for abatement under the powers conferred on Such authority by this Act; and
(b) enforce the provisions of this Act in order to abate such nuisances.
41. Information regarding nuisance.-

Any person aggrieved by a nuisance in any local area may give information of the same to the Health Officer or any other officer of the public health establishment of the local authority.

42. Power of Health Officer to abate nuisance.-

If the Health Officer is satisfied, whether upon information given under section 41 or otherwise, of the existence of a nuisance he may, by notice, require the person by whose act, default or sufferance the nuisance arises or continues or if that person cannot be found, the owner or occupier of the premises on which the nuisance arises or continues to abate the nuisance and to execute such works and take such steps as may be necessary for that purpose: Provided that-

(a) where the nuisance arises from any defect of a structural character, the notice shall be served on the owner of the premises; and
(b) where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or the occupier of the premises, the Health Officer may himself forthwith do what he considers necessary to abate the nuisance and to prevent a recurrence thereof.
43. Power of local authority to abate nuisance.-

If the person on whom notice to abate a nuisance has been served under section 42 makes default in complying with any of its requirements within the time specified therein, or if the nuisance although abated within such time, is in the opinion of the local authority, likely to recur on the same premises, the local authority may arrange for the execution of any works necessary to abate the nuisance or to prevent its recurrence, as the case may be, and may recover the cost from such person as if it were a tax due to the local authority.

44. Provision regarding house rendered unfit for occupation by reason of nuisance.-

Where a house or other building is, in the opinion of the Health Officer, unfit for human habitation by reason of a nuisance existing therein, he may apply to a Magistrate (not being a Magistrate of the third class) to prohibit the use of such house or building for human habitation until it is rendered fit therefor.

45. Disposal of articles removed while abating nuisance.-

(1) A local authority may sell any materials which have been removed by it from any premises (including any street), when executing works under this Chapter of otherwise carrying into effect, the provisions thereof, if such materials are not claimed and taken away by the owner before the expiration of seven days from the date on which they were removed by the local authority.

Book.png This page is Accepted in Panchayath Wiki Project. updated on: 30/ 05/ 2019 by: Gangadharan