124. Use of steam whistles, etc. 2[(1)
No person shall use or employ in any factory or other place any whistle or
trumpet or any other mechanical contrivance which emits an offensive noise for
the purpose of summoning or dismissing workmen or persons employed, nor shall
any person by means of any contrivance increase the noise emitted in any such
factory or place by the exhaust pipe of any engineer, without the written
permission of the committee, in grating which, the committee may impose such
conditions as it may deem proper, restricting the times at which such whistle
or trumpet, or other contrivance may be used.]
(2) The
committee may on giving one months notice revoke any permission given under
sub-section (1).
(3) Whoever, in
contravention of the provisions of this section, uses or employees 3[any
whistle, trumpet or other contrivance], shall be punishable with a fine which
may extend to fifty rupees, and with a further fine which may extend to five
rupees for every day during which the offence is continued.
125. Provisions of drains, privies, etc. (1) The committee
may, by notice require the owner of any building or land to provide, move or
remove any drain, privy, latrine, urinal, cesspool or receptacle for filth or
refuse, or provide any additional drains, privies, latrines, urinals, cesspools
or other receptacles as aforesaid which should in its opinion be provided for
the building or land, in such manner and of such pattern as the committee may
direct.
(2) The
committee may, by notice, require any person employing more than twenty workmen
or labourers to provide such latrines and urinals as it may think fit and to
cause the same to be kept in proper order to be daily cleaned;
4[
.]
(3) The
committee may, by notice, require the owner or occupier of any building or land
to have any privy, latrine or urinal provided for the same shut out by a
sufficient roof and wall or fence from the view of persons passing by or
dwelling in the neighbourhood, or to remove or alter as the committee may
direct, any door or trapdoor or a privy, latrine or urinal opening on to any
street or drain.
5[(4) The
committee may, and when required by the State Government, shall provide
latrines and urinals for the use of public].
126. Repair and closing of drains, privies,
latrines, urinals and cesspools. (1) The committee may, by notice, require
the owner or occupier of any building or land to repair, alter or put in good
order any drain, privy, latrine, urinal, cesspool or receptacle for any filth
or refuse or to close any drain, privy, latrine, urinal or cesspool belonging
thereto.
(2) The
committee may, by notice, require any person who may construct any new drain,
privy, latrine, urinal cesspool or receptacle for filth or refuse without its
permission in writing or contrary to its directions or regulations or the
provisions of this Act, or who may construct, rebuild or open any drain, privy,
latrine, urinal, cesspool or receptacle for filth or refuse which it has
ordered to be demolished or stopped up or not to be made to demolish the drain,
privy, latrine, urinal, cesspool or receptacle, or to make such alteration
therein as it may think fit.
127. Unauthorised building over drain, etc.
The committee may, by notice, require any person who without its permission
in writing may newly erect or rebuild any building over any sewer, drain,
culvert, water-course or water-pipe vested in the committee to pull down or
otherwise deal with same as it may think it.
128. Removal of latrines, etc., near any
source of water supply. (1)
The committee may, by notice, require any owner or occupier on whose land any
drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse
for the time being exists within fifty feet of any spring, well, tank,
reservoir or other source from which water is or may be derived for public use,
to remove or close the same within one week form the service of such notice.
(2) Whoever,
without the permission of the committee, makes or keeps for a longer time than
one week, after notice under this section any drain, privy, latrine, urinal,
cesspool or other receptacle for filth or refuse, within fifty feet of any
spring, well, tank, reservoir, or other source from which water is or may be
derived for public use, shall be punishable with fine which may extend to 1[fifty
rupees] and, when a notice has issued with a further fine not exceeding five
rupees for each day during which the offences is continued after the lapse of
the period allowed for removal.
2[129. Discharging
Sewerage. Whoever without the permission of the committee, causes of
knowingly or negligently allows the contents of any sink, sewer or cesspool or
any other offensive matter to flow, drain or be put upon any street or public
place, or into any irrigation channel or any sewer or drain not set apart for
the purpose, shall be punishable with fine which may extend to 3[five
hundred rupees].
130. Making or altering drains without
authority. Whoever, without the permission of the committee, makes or
causes to be made, or alters or causes to be altered, any drain leading into
any of the sewers or drains vested in the committee shall be punishable with
fine which may extend to 4[five hundred rupees].
131. Power to require removal of nuisance
arising from tanks and the like. The committee may, by notice, require
the owner or occupier of any land or building to cleanse, repair, cover, fill
up or drain off any private well, tank, reservoir, pool, depression or
excavation therein which may appear to the committee to be injurious to health
or offensive to the negibhourhood:
Provided that if for the purpose of affecting any drainage
under this section it should be necessary to acquire any land not belonging to
the same owner or to pay compensation to any person, the committee shall
provide such land or pay such compensation.
LAYING AND CONNECTING PIPES, SEWERS AND THE LIKE
132. Power of committee to lay or carry wires, pipes, drains, or
sewers through private land subject to payment or compensation for damage
sustained provided that no nuisance is created. The committee may carry
any cable, wire, pipe, drain, sewer or channel of any kind, for the purpose of
establishing telephonic or other similar communication or of carrying out and
establishing or maintaining any system of lighting, drainage or sewerage,
through, across, under or overt any road, street, or place laid out as or
intended for a road or street, and after giving reasonable notice in writing to
the owner or occupier, into, through, across, under, over or up the side of any
land or building whatsoever situate within the limits of the municipality, and,
for the purpose of the introduction, distribution of outfall of water or for
the removal or outfall of sewerage without such limits, and may at all times do
all acts and things which may be necessary or expedient for repairing or maintaining
any such cable, wire, pipe, drain, sewer, or channel, as the case may be, in an
effective state for the purpose for which the same may be used or intended to
be used.
Provided that no nuisance more than is necessary caused by
the proper execution of the work is created by any such operation; and
Provided further that reasonable compensation shall be
paid to owner occupier for any damage at the time retained by him and directly
occasioned by the carrying of any such operations.
133. Provision as to wires, pipes, drains, or
sewers laid or carried above surface of ground. In the event of any
cable, wire, pipe, drain, sewer or channel being laid or carried above the
surface of any land of through; over or up the side of any building, such
cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so
laid or carried as to interfere as little as possible with the rights of the
owner or occupier to the due enjoyment of such land or building, and reasonable
compensation shall be paid in respect of any substantial interference with any
such right to such enjoyment.
134. Previous notice to be given.
Except in cases which Sections 203 and 205(c) relate the committee shall cause
not less than fourteen days notice in writing to be given to the owner or
occupier before commencing any operations under Section 132.
135. Connection with main not to be made
without permission of committee.- (1) No persona shall, without the
permission of the committee, at any time make, or cause to be made, any
connection or communication with any cable, wire, pipe, 1[ferrule],
drain, sewer or channel constructed or maintained by or vested in the committee
for any purpose whatsoever.
(2) Any person
acting in contravention of the terms of sub-section (1) shall be punishable
with a fine to exceeding 2[five hundred rupees].
136. Connection may be made or required by
the committee in the case of sewerage. 3[
..] The committee may
at any time, establish any connection or communication from any water-main,
drain or sewer to any premises, or may by notice require the owner of any such
premises to establish any such connection or communication, in such manner and
within such times as the committee, by notice in that behalf, may prescribe, at
the cost of such owner or occupier.
137. Power to prescribe size of ferrule and
to establish meters and the like. The committee may prescribe the size of
the ferrules to be used for the supply of gas, and may establish meters of
other appliances for the purpose of testing the quantity of any gas or
electricity for the use of any person or business.
138. Communication and connection to be made
subject to inspection by and to the satisfaction of committee. The
ferrules, communication pipes, connection, meters, stand-pipes and all fittings
thereon ferrules, communication pipes, connection, meters, stand-pipes and all
fittings thereon or connected therewith, leading from mains or service cables,
wires, pipes, drains, sewers or channels into any house or land and the wires,
pipes, fittings and the works inside any such house or within the limits of any
such land, shall in all cases be executed subject to the inspection and to the
satisfaction of the committee.
139. Rates and charges may be fixed.
The committee may, from time to time, fix the charges to be made for the
establishment by them or through their agency of communications from and
connections with mains or service cables, wires and pipes for the supply of
lighting, telephone, or gas and for meters or other appliances for testing the
quantity or quality thereof supplied, and may levy such charges accordingly.
140. 1[Troughs and pipes for rain
water. (1) The committee may, by notice, require the owner of any
building or land in any street to put up and keep in good condition proper
troughs and pipes for receiving and carrying water and sullage from the
buildings or land and for discharging the same so as not to inconvenience
persons passing along the street].
(2) For the
purpose of efficiently draining any building or land the committee may by
notice in writing.
(a) require any
courtyard, alley or passage between two or more building to be paved 2[by
the owner or part-owner of such buildings] with such materials and in such
manner as may be approved by 3[the committee], and
(b) require
such paving to be kept in proper repair.
141. Information to be given of cholera,
small pox, etc.- Whoever-
(a) being a
medical practitioner or a person openly and constantly practicing the medical
profession, and in the course of such practice becoming cognizant of the
existence of any infectious disease in any dwelling other than a public
hospital; or, in default of such medical practitioner or person practicing the
medical profession;
(b) being the
owner or occupier of such dwelling, and being cognizant of the existence of any
such disease therein; or person practicing the medical profession;
(c) being the
person in charge of, or in attendance on, any person suffering from any such
disease in such dwelling, and being cognizant of the existence of the disease
therein.
4[fails forthwith to give information, or
knowingly, gives false information to the Medical Officer of Health or to any
other officer to whom the committee may require information to be given
respecting the existence of such disease, shall be punishable with fine which
may extend to fifty rupees]:
Provided that a person, not required to give information
in the first instance, but only in default of some other person, shall not be
punishable if it be shown that he had reasonable cause to suppose that the
information had been or would be, duly given.
142. Removal to hospital of patients
suffering from infectious diseases. 5[(1) In any municipality
to which this section may at any time be extended by the State Government, when
any person suffering from any infectious disease is found to be -
(a)
Without
proper lodging or accommodation. .
(b)
Living
in a sarai 1[hotel, boarding house] or other public hostel, or
2[(c) living in a room or which neither owns nor pays rent for nor
occupies as the guest or relative of any person who owns or pays rent for it,
or)
(d) lodged in
premises occupied by members of two or more families and any of such occupiers
objects to his continuing to lodge in such premises, the committee, by any
person authorized by in this behalf, may, on the advice of any medical officer
of rank not inferior to that of an assistant surgeon, remove the patient to any
hospital or place at which persons suffering from such disease are received for
medical treatment, and may do anything necessary for such removal.
3[(2) The
committee shall, if required by the State Government erect an infectious
diseases hospital of such type and dimensions as the State Government shall
deem expedient.
4[143. Disinfections of building and articles. If the committee
is of opinion that the cleansing or disinfecting of a building or any part thereof,
or of any article therein, which is likely to retain infection, will tend to
prevent or check the spread of any disease, it may, by notice, require the
owner or occupier to cleanse or disinfect the same, or to destroy such article,
in the manner and within the time prescribed in such notice].
144. Penalty for letting infected houses. Every person knowingly letting a house or
other building or part of a house or building in which an person has been
suffering from an infectious disease, without having such house or other
building or part thereof and all articles therein liable to retain infection
disinfected to the satisfaction of the committee shall be liable to a penalty
not exceeding two hundred rupees.
For the purpose of this
section a hotel or lodging house keeper shall be deemed to let part of his
house to any person admitted as a guest into his hotel or lodging house.
145. Provision of places and appliances for
disinfection. 5[The committee may, and when the State
Government so directs, shall]-
(a)
provide
proper places, with all necessary attendants and apparatus, for the
disinfection of conveyances, clothing bedding or other articles which have been
exposed to infection; and
(b)
cause
conveyances, clothing or other articles brought for disinfection to be
disinfected free of charge or subject to such charge as may be approved by it,
and
(c)
direct
any clothing, bedding, or other articles likely to retain infection to be
disinfected or destroyed, and shall give compensation for any articles destroyed
under this sub-section.
146. Acts done by persons suffering from
certain disorders. Whoever, while suffering from an infectious,
contagious or loathsome disorder -
(a) makes of offers for sale any
articles and food or drink for human consumption or any medicine or drug, or
(b) willfully touches any such
article, medicine or drug, when exposed for sale by others, or
(c) takes any part in the
business of washing or carrying soiled clothes, shall be punishable with fine
which may extend to twenty rupees.
6[147. Keeping of animals so as to be injurious to health.
Whoever keeps any swine or other animals in disregard of any orders which the
committee may give to prevent them from becoming a nuisance or so as to be
injurious to the health of the inhabitants or of animals shall be punishable
with fine which may extend to twenty rupees, and to fifty rupees for every such
subsequent offence].
148. Feeding animals on deleterious
substances. Whoever feeds or allows to be fed any animals which is kept
for diary purposes or may be used for food on deleterious substances, filth or
refuse of any kind, shall be punishable with fine which may extend to fifty
rupees.
149. Prohibition by committee of use of
unwholesome water. Should the committee, on the report of the 1[medical
officer or health,] consider that the water in any well, tank or other place is
likely, if used for drinking, to engender or cause the spread of any dangerous
disease, it may -
(a)
by
public notice prohibit the removal or use of such water for drinking;
(b)
by
notice require the owner or person having control of such well, tank or place
to take such steps as may be specified in the notice to prevent the public form
having access to or using such water; or
(c)
take
such steps as it may, on the advise of the 2[medical officer of
health] consider expedient to prevent the danger or spread of any such disease.
150. Penalty for selling food or drink not of
the nature, substance or quality of the article demanded by the purchase.
(1) Whoever sells, to the prejudice of any purchaser, any article of food or
drink which is not of the nature, substance or quality of the article demanded
by such purchase, shall be punishable with fine which may extend to one hundred
rupees:
Provided that an offence shall not be deemed to be
committed under this section in the following cases, that is to say-
(a) where any
matter or ingredient not injurious to health has been added to food or drink in
order to the production or preparation of the same as an article or commerce in
a state fit for carriage or consumption, and not fraudulently to increase the
bulk, weight or measure or conceal the inferior quality thereof;
(b) where food
or drink is unavoidably mixed with some extraneous matter in the process of
collection or preparation.
(2) In any
prosecution under this section it shall be no defence to allege that the vendor
was ignorant of the nature, substance or quality of the article sold by him, or
that the purchaser, having bought such article only for analysis, was not
prejudiced by the sale;
3[Provided that this section shall not apply to
those areas to which the State Government has directed or may direct that the 4[Punjab
Pure Food Act, 1929 shall apply.]
151. Soliciting Alms. (1) Whoever, in
any street or public place within the municipality, begs importunately for
alms, or exposes, or exhibits with the object of exciting charity, any
deformity or disease, or any offensive sore or wound, shall be punishable with
imprisonment of either description, which may extend to three months, or with a
fine not exceeding fifty rupees, or with both, provided that -
(a)
in
the case of a first offence, the Court may, if it thinks fit, instead of
sentencing the convict to any punishment release him after due admonition;
(b)
in
any case, the court may, if it is satisfied of the inability of the convict to
earn a livelihood, owing to physical infirmity or debility and if the person
in charge of any poor house in the municipality certificates that he is
willing to receive him direct that the convict be received into such poor
house, after being released on entering into a bond, with or without sureties,
to appears and receive sentence, when called upon during such period, not
exceeding three years as the court may direct.
(2) Notwithstanding anything contained in the
Code of Criminal Procedure, 1898, an offence punishable under this section
shall be cognizable; and notwithstanding anything contained in this Act, a
court may take cognizance of such an offence in the manner provided by Section
190 of the Code of Criminal Procedure, 1888.
152. Power over disorderly houses and
prostitutes. (1) The committee may by public notice, prohibit in any
specified part of the municipality-
(a)
the
keeping of a brothel;
(b)
the
residence of any person who practices prostitution.
(2) Whoever
after the date specified in the public notice issued under sub-station (1) -
(a)
keeps
or manages or acts or assists in the management of a brothel within the
prohibited area; or
(b)
being
the tenant, lessee or occupier of any premises knowingly permits such premises
or any part thereof to be used as a brothel or for the purposes of habitual
prostitution within the prohibited area; or
(c)
being
the lessor or landlord, or any premises, or the agent to such lessor or
landlord, lets the same or any part thereof, within the prohibited area with
the knowledge that such premises or some part thereof are, or is used as a
brothel or for the purposes of habitual prostitution, or is willfully a party
to the continued use of such premises as a brothel or for the purposes of
habitual prostitution; or
(d)
being
a practicing prostitute resides within the prohibited area;
shall be punishable with imprisonment of either
description, for a term which may extend to one moth, or with fine which may
extend to one hundred rupees or with both, and in the case of a continuing
offence with an additional fine not exceeding ten rupees for every day after
the first during which the offence continues].
153. Brothel. On the complaint of the
committee or of three or more in habitants of a municipality that a house
within the limits of the municipality is used as a brothel or by disorderly
persons of any description to the annoyance of the respectable inhabitants of
the vicinity or that any such house is used as a brothel in the neighbourhood
of cantonment or of an educational institution or boarding house or of any
place of worship any magistrate of the Ist class having as such jurisdiction in
the place where the house is situated may summon the owner or tenant of the
house and no being satisfied that the house is so used and that it is a source
of annoyance or offence to the neighbours or that it is in the neighbourhood of
a cantonment or of an educational Institution or boarding-house, or of any
place of worship may order the owner or tenant to discontinue such use of it
and if he shall fall to comply with such order within five days may impose upon
him a fine not exceeding twenty-five rupees for every day thereafter that the
house shall be so used.
SCAVENGING AND HOUSE-SCAVENGING
154. Removal and deposit of offensive matters. The committee
may fix places within or with the approval of the District Magistrate, beyond the
limits of the municipality for the deposit of refuse, rubbish or offensive
matter of any kind or for the disposal of the dead bodies of animals, and may
be public notice give directions as to the time, manner and conditions at, in
and under which such refuse, rubbish or offensive matter or dead bodies of
animals may be removed along any street and deposit at such places.
If the owner and the occupier are two different persons
and neither the owner nor the occupier takes any step in getting the name of
occupier entered in the assessment register the owner cannot escape liability
for the payment of latrine tax.1
2. Sanitation
tax. Sanitation tax can be validly imposed under this section. The term sanitation has a vide connotation
and is confined not only to the interior of the buildings but takes into its
ambit the condition obtaining in the surrounding buildings and places.2
3[154-A. Preparation to
compost manure. Where the State Government so requires it shall be the
duty of the Committee to subject all dung to the process of making compost
manure.
154-B. 1[Power
to acquire, etc. (1) Where the property in any dung vests in any person
or class or persons other than the committee, the Committee, required under the
last preceding section, shall acquire, either permanently or for such period as
it may deem fit, the rights or interests in the dung belonging to the aforesaid
persons, on payment of such compensation as the committee may consider
reasonable and may assess in the manner prescribed.
2[(2) Where any such dung is requisitioned or
acquired under this section the amount of compensation payable shall be
determined in the manner and in accordance with the principle enumerated below:
-
(a)
Where
the amount of compensation can be fixed by agreement, it shall be paid in
accordance with such agreement;
(b)
Where
no such agreement can be reached, the Committee and the person or persons as
aforesaid shall appoint an arbitrator having knowledge of the price of the
property or interest in the dung requisitioned or acquired;
(c)
At
the commencement of the proceedings before the arbitrator, the committee and
the person, to be compensated shall state what, in their respective opinion, is
the fair amount of compensation;
(d)
The
arbitrator in making his award shall take into consideration the market value
of the dung in the locality, the damage, if any, resulting from diminution of
the profits accruing to the persons aforesaid and any other factor of a like
nature;
(e)
Save
as otherwise hereinafter provided in this Act or the rules made thereunder,
nothing in any other law for the time being in force shall apply to arbitration
under this section].
154-C. Right
of appeal and revision. (1) Any person aggrieved by 3[an award
made] under Section 154-B may, within thirty days from the date of the
communication to him of the 4[award] prefer an appeal in writing to
the Deputy Commissioner of the district wherein the Committee is situated:
Provided where the Deputy Commissioner is himself a member
of the Committee against whose decision the appeal has een preferred, the fact
of his being a member shall not disqualify him from hearing the appeal.
(2) The Deputy
Commissioner shall decide the appeal after sending for the records of the case
from the Committee and after giving the parties an opportunity of being heard
and, if necessary, after making such further enquiry as he thinks fit either
personally or through an officer subordinate to him.
(3) A further
appeal shall lie to the State Government provided that when 5[the
award is] confirmed by the Deputy Commissioner no such appeal shall lie.
(4) The State
Government 6[-] may, at any time, call for the record of any case
pending before or disposed of by the Deputy Commissioner:
Provided that this power shall not be exercised by the
State Government when an appeal has been preferred to 7[it] under
sub-section (3):
Provided further that the State Government 8[---]
shall not under this sub-section pass an order revising or modifying an order
affecting any person without giving such person an opportunity of being heard:
9[---]
154-D. Jurisdiction
of civil courts barred. Notwithstanding anything contained in any other
law for time being in force, no civil court shall have jurisdiction to
entertain or adjudicate in any suit, application or other proceedings relating
to the right or interest to, or in the compensation referred to in Section
154-B or 154-C or the amount or apportionment or the payment thereof or any
matter connected therewith.
155. Failure to remove offensive matter.
Whoever, being the owner or occupier of any building or land, keeps or
knowingly or negligently allows to be kept for more than twenty-four hours on
otherwise than in some proper receptacle or pit, any dirt, dung, bones, ashes,
nigh-soil or filth or any noxious or offensive matter in or upon such building
or land, or suffers any such receptacle or pit to be in a same, shall be
punishable with fine which may extend to 1[five hundred rupees].
2[156. Depositing or
throwing of earth or material of any description roads or into drains.
Whoever, without the permission of the committee or in disregard of its order,
throws or deposits, or permits his servants or members of his household under
his control to throw or deposit earth or materials of any description, or
refuse, rubbish or offensive matter of any kind upon any street or public place
or into any irrigation channel or public sewer or public drain or into any
drain communicating with an irrigation channel or a public sewer of public
drain, shall be punishable with fine which may extend to 3[five
hundred rupees].
157 Nuisance by children and others.
Whoever permits any person under his control to whom the provisions of Section 82,
83 and 84 of the Indian Penal Code are applicable to commit a nuisance upon any
street or into any public sewer or drain or any drain communicating therewith
shall be punishable with fine which may extend to 6[five hundred
rupees].
158. Definition of house scavenging.
The removal of filth, rubbish, ordure or other offensive matter from a privy,
latrine, urinal, cess-pool or other common receptacle for such matter in or
pertaining to house or building is called house scavenging.
159. Undertaking by committee of
huse-scavenging generally. (1) Subject to the provisions hereinafter
contained with respect to the customary rights of sweepers the committee may at
any time undertake the house scavenging of any house or building on the
application or with the consent of occupier.
7[(2) The committee may be public notice, except in cases
to which Section 166 is applicable, undertake the house-scavenging of any house
or buildings in the municipality from any date not less than two months after
issue of the notice].
(3) The
occupier of any house or building affected by the notice may at any time, after
the issue thereof, apply to the committee to exclude that house or building
from the notice.
(4) The
committee shall consider and pass orders upon every such application within six
weeks of the receipt thereof, and may, by any such order, exclude such house or
building from the notice.
(5) In deciding
whether to exclude any house or building from the notice, the committee shall
consider among other matters, the efficiency of the arrangements for
house-scavenging made by the occupier (if any) and purpose to which he applies
the matter dealt within house-scavenging.
160. Saving in favour of customary sweepers
and of agriculturist. Notwithstanding anything in the last forgoing
section, the committee shall not except in accordance with the provisions of
this chapter -
(a)
undertake
the house-scavenging of any house or building in respect whereof any sweeper
has a customary right to do such house-scavenging.
(b)
Without
the consent of the occupier undertake the house-scavenging of any house or
building occupied by an agriculturists who himself cultivate land within
municipal limits or in a village co-terminus therewith.
161. Continuance of house-scavenging once
undertaken by committee When once the committee has undertaken the house
scavenging of any house-or building under this chapter, it may continue to
perform such house-scavenging with or without the consent of the occupier for
the time being of such house or building.
162. Obligation of committee to perform
house-scavenging properly. When the committee has undertaken the house
scavenging of any house or building, it shall be bound to perform the same
properly, until it shall have relieved itself of the obligation by an order
under Section 159, sub-section (4).
163. Powers of municipal servants for
house-scavenging purposes. The servants of the committee employed in
house scavenging may, at all reasonable times, do all things necessary for the
proper performance of any house scavenging undertaken by the committee.
164. Vesting in committee of collection from
house-scavenging. All matters removed by the servants of the committee in
the course of house scavenging shall belong to the committee.
165. Punishment of customary sweepers for
negligence. - (1) Should a sweeper who
has a customary right to do the house-scavenging of a house or building
(hereinafter called the customary sweeper) fail to perform such
house-scavenging in a proper way and at reasonable intervals, the occupier of
the house or building or the committee may complain to a 1[judicial
magistrate].
(2) The
magistrate receiving such complaint shall hold an enquiry, and, should it
appear to him that the customary sweeper has failed to perform the
house-scavenging of the house or building in a proper way or at reasonable
intervals, he may impose upon such sweepers a fine which may extend to ten
rupees, and, upon a second or any later conviction in regard to the same house
or building, may also direct the right of the customary sweeper to do the
house-scavenging of the house or building to the forfeited and thereupon such
right shall be forfeited accordingly.
2[(3) Should any sweeper (other than a
customary sweeper) who is under contract to do the house-scavenging of a house
or building discontinue to do such house-scavenging without having given 14
days notice to his employer or without reasonable cause, he shall on conviction
be punishable with a fine which may extend to ten rupees].
166. Punishment of cultivators for failure to
provide for proper house-scavenging (1)
Should any person, who himself or any member of whose family residing with him
cultivates land within municipal limits or in a village within two miles from
the municipal limits fail to provide for the proper house-scavenging of any
house or building occupied by him within the limits of the municipality, the
committee may complain to a 3[judicial magistrate].
(2) The magistrate
receiving the complaint shall hold an enquiry, and, should it appear to him
that such person has not provided for the proper house-scavenging of the house
or building, he may pass an order empowering the committee to undertake the
same, and thereupon the committee shall be entitled to undertake such
house-scavenging.
167. Places for slaughter of animals for sale. (1) The
committee may and shall when so required by the State Government, fix premises
with the approval of the Deputy Commissioner, either within or without the
limits of the municipality, for the slaughter of animals for sale, or of any
specified description of such animals, and may, with the like approval, grant
and withdraw licenses for the use of such premises or, if they belong to the
committee, charge rent or fees for the use of the same.
(2) When such
premises have been fixed by the committee beyond municipal limits, it shall
have the same power to make bye-laws for the inspection and proper regulation
of the same as if they were within those limits.
(3) When any
such premises have been fixed no person shall slaughter any such animal for
sale within the municipality at any other place.
(4) Any person
who slaughters for sale any animal at any place within a municipality other
then one fixed by the committee under this section, if any places have been so
fixed, shall be punishable with fine which may extend to 1[five
hundred rupees].
168. Disposal of dead animals. (1)
Whenever any animal in the charge of any person dies otherwise than by
slaughter either for sale or for some religions purpose, the person in charge
thereof shall within twenty four hours either -
(a)
convey
the carcass to a place (if any) fixed by the committee under Section 154 for
the disposal of the dead bodies of animals or to any place at least one mile
beyond the limits of the municipality; or
(b)
give
notice of the death to the committee whereupon the committee shall cause the
carcass to be disposed of.
(2) In respect
of the disposal of the dead body of an animal under clause (b) of sub-section
(1), the committee may charge, such fee as the committee may, by public notice,
have prescribed.
(3) For the
purpose of this section the word animal shall be deemed to mean all horned
cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats,
swine and other large animals.
(4) Any person
bound to act in accordance with sub-section (1) of this section shall, if he
fails so to act, be punishable with fine which may extend to 2[five
hundred rupees].
169. Powers in connection with streets. The committee
(a)
may
lay out and make a new public street and construct tunnels and other work
subsidiary thereto, and
(b)
may
widen, lengthen, extend, enlarge, raise, or lower the level of or otherwise
improve any existing public street vested in the committee, and
(c)
may
close temporarily any public street or any part thereof for any public purpose,
and
(d)
may
turn, divert, discontinue or close any public street so vested, and
(e)
may
provide within its discretion building sites of such dimensions as it deemed
fit, to abut on or adjoins any public street made, widened, lengthened,
extended, enlarged, imposed, or the level of which has been raised or lowered
by the committee under clauses (a) and (b) or by the State government, and
(f)
subject to the provisions of any rule
prescribing the conditions on which property may be acquired by the committee
may acquire any land, along with the building thereon, which it deems necessary
for the purpose of any scheme of work undertaken or projected in exercise of
the powers conferred under the preceding clause, and
(g)
[subject to the provisions of any rule
prescribing the conditions on which property vesting in the committee may be
transferred, may lease, sell or otherwise dispose of any property acquired by
the committee under clause (f); or any land vesting in and used by the
committee for a public street and no longer required therefore, and in so doing
may impose conditions regulating the removal and construction of building upon
it and the other uses to which such land may be put:]
Provided
that land owned by proprietors other than the 2[Government] shall
become the absolute property of the committee after it has continuously vested in
the committee for use as a public street for a period of twenty-five years: but
that the possession of such land that ceases to be required for use as a public
street before the expiry of twenty five years from the time that it became
vested in the committee shall be transferred to the proprietor thereof, on
payment by him of reasonable compensation to the committee for improvements of
such land, and subject to such restrictions as the committee may impose on the
future use of such land, and that should the proprietor be unable or unwilling
to pay the amount of such compensation the committee may, subject to such
conditions as it may deem fit sell the land, and shall pay to the owner the
proceeds, if any, over and above the amount of such compensation which shall be
paid into the municipal fund, or may dispose of it in such manner as it may
deem fit.]