Panchayat:Repo18/vol2-page0123


of the expression “nuisance" contained in clause (25) of Section 3, the following shall be deemed specifically to be nuisances for the purposes of this Chapter:-

(1) any premises in such a state as to be prejudicial to health or a nuisance;

(2) any pond, pool, ditch, gutter, water-course, water-trough, latrine, cesspool, drain or ashpit which is so foul or in such a state as to be prejudicial to health or a nuisance;

(3) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

(4) any accumulation or deposit of refuse or other matter which is prejudicial to health or a nuisance;

(5) any factory not being a factory governed by the provisions of the Factories Act, 1934, 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-crowded 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 gas-work, or in any manufacturing or trade process whatsoever;

(7) any chimney sending forth smoke in such quantity 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 a nuisance to the neighbourhood.

42. Detection of nuisance.-

Every urban local authority shall

        (a) cause its local area to be inspected from time to time with a view to ascertain what nuisances exist there in 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.

43. 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.

44. Power of Health Officer to abate nuisance.-

If the Health Officer is satisfied, whether upon information given under Section 43 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.

45. Power of local authority to abate nuisance.

If the person, on whom a notice to abate a nuisance has been served under Section 44, 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.

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