Panchayat:Repo18/vol2-page0072

(2) A local authority selling any materials under sub-section (1) shall pay the sale proceeds to the person to whom the materials belonged after deducting therefrom the amount of any expenses recoverable from him by such authority.

(3) The provisions of this section shall not apply to any offensive matter removed by a local authority under the Act governing such authority.

46. Powers of entry and inspection.-

The executive authority or any officer of the Public Health Department of the Government or of the local authority, not below the rank of Health or Sanitary Inspector, may enter and inspect any premises for the purpose of enforcing any of the provisions contained in this Chapter:

Provided that-

(a) no such entry shall be made between sunset and sunrise except when a nuisance is caused by anything done or omitted to be done in the premises between sunset and sunrise;
(b) no dwelling house shall be so entered without the consent of the occupier thereof, unless he has received at least twenty-four hours' previous notice of the intention to make such entry;
(c) sufficient notice shall in every case be given to enable the inmates of any apartment appropriated to woman to withdraw to some part of the premises where their privacy may be preserved; and
(d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry, to the Social and religious usages of the persons residing in the premises.
47. Power of Government in case of default by local authority.-

If the local authority or its Health Officer makes default in doing its or his duty under this Act, in regard to the abatement or prevention of nuisances, the Government may authorise any of their officers to perform such duty and for that purpose to exercise any specified powers of the local authority or of its Health Officer or of both in the local area concerned and the expenses incurred by such officers shall be met from the funds of the local authority.

48. Nuisance caused by act of omission outside local area.-

If a nuisance under this Act within or affecting any part of a local area appears to be wholly or partly caused by some act or default committed or taking place outside such local area, the local authority may, after consulting the Director of Health Services take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisance authorised by this Act in the like cases and with like incidents and Consequences as if the act or default were Committed or took place wholly within such local area.

49. Prohibition of the deposit of rubbish etc., in street etc.-

(1) No person shall deposit or cause or suffer any member of his family or household to deposit any carcasses of animals, any dust, dirt, dung, ashes or refuse or filth of any kind, any animal matter, any broken glass, earthernware or other rubbish, or any other thing which is or may be a nuisance, in any street or any drain beside a street or on any, space (not being private property) or on any quay, jetty or landing place, wharf or on any part of the seashore, or on the bank of any water-course, except in such receptacles as may be provided or at such place, in such manner and at such hours, as may be fixed by the Health Officer.

(2) No person shall ease himself, or cause, permit or suffer any member of his family or house-hold to ease himself in any such street, drain, open space, quay, jetty, landing place, Wharf, seashore or bank aforesaid,

(3) Any person easing himself in any private open space shall immediately cover up the excreta with earth.

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