Panchayat:Repo18/vol2-page0087

Sec. 102 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955

97. Appeal against notification.-

Any person aggrieved by the issue of a notification under section 95 may appeal to the Government whose decision shall be final.

98. Consequence of notification.-

Upon the issue of a notification under section 95 the following Consequences shall ensue, namely:-

(a) The construction or establishment of any new factory, workshop or workplace, or the carrying on of any new offensive trade in the areas specified in the notification shall be absolutely prohibited.

(b) In the case of any factory, workshop or workplace in existence at the time when the notification comes into force or of any offensive trade in existence at such time, the restrictions, limitations and conditions, if any, specified in the notification, shall be observed in the areas aforesaid.

(c) if Work in any factory, Workshop or Workplace existing at the time when the notification under section 95 comes into force or any offensive trade carried on by any person at such time ceases to be carried on for a continuous period of not less than one year, the resumption of work in such factory, workshop, or workplace or of such offensive trade, as the case may be, shall, unless the Government otherwise order, be deemed to be absolutely prohibited under Clause (a).

(d) In the case referred to in clause (c) where the period exceeds six months but does not extend to one year work in the factory, workshop or workplace or the offensive trade, as the case may be, shall not be resumed without the written permission of the Health Officer unless the Government otherwise Order.

99. Extension of Sections 95 to 98 to non-urban local authorities.-

The Government may, by notification, direct that the provisions of sections 95 to 98 shall apply to any non-urban local authority specified in such notifications; and thereupon, the provisions of those sections shall apply to Such authority as if it were an urban local authority. Part II - Control over insanitary buildings

100. New building not to be erected on certain sites.-

No person shall erect a new building on any ground which has been filled up with faecal or offensive vegetable or offensive animal matter or upon which any such matter has been deposited, unless and until the Health Officer certifies that such matter has been properly removed by excavation or otherwise, or has become or been rendered innocuous. (2) Against the refusal of the Health Officer to issue a certificate under sub-section (1), an appeal shall lie to the 28 Director of Health Services in the first instance and from the decision of the Director of Health Services) to the Government whose decision shall be final.

101. Cleaning of court-yard, or passage used in common.-

(1) If any Court-yard or passage which is used in common by the occupants of two or more buildings, but is not a public street, is not regularly swept and kept clean and free from rubbish or other accumulation to the satisfaction of the Health Officer, he may cause such court-yard or passage to be swept and cleansed. (2) The local authority may recover any expenses reasonably incurred by the Health Officer under sub-section (1) from the occupants of the buildings which front or abut on the court or yard, or to which the passage affords access in such proportions as may be determined by the Health Officer.

102. Dwelling house unfit for human habitation to be vacated.-

(1) If any dwelling house orportion thereof appears to the Health Officer to be unfit for the purpose of human habitation, he may in cases not falling under section 44 apply to the local authority to prohibit the use thereof for such purpose, and such authority shall make an order prohibiting the use of such dwelling house or portion for human habitation until, in the opinion of the Health Officer, it is rendered fit therefore:

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