Panchayat:Repo18/vol2-page0136

        (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.


Explanation.- (1) If work in any factory, workshop, or workplace existing at the time when the notification under Section 89 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).


Explanation.- (2) In the case referred to in Explanation (1), 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 written permission of the Health Officer unless the Government otherwise order.


93. Extension of Sections 89 to 92 to non-urban local authorities.-

The Government may, by notification, direct that the provisions of Sections 89 to 92 shall apply to any non-urban local authority specified in such notification; and thereupon the provisions of those Sections shall apply to such authority as if it were an urban local authority and as if the reference to the commencement of this Act in sub-section (1) of Section 89 were a reference to the date of publication of the notification under this section.


PART II - Control over insanitary buildings

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

(1) 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 Government whose decision shall be final.


95. Cleansing 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.

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

(1) If any dwelling house or portion thereof appears to the Health Officer to be unfit for the purpose of human habitation, he may in cases not falling under Section 46, 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 therefor:

Provided that before making an order under this sub-section, the local authority shall give the owner and the occupier or occupiers, if any, concerned a reasonable opportunity of showing cause why it should not be made.

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