Section 209
(1) Whoever without the written permission of the 1 [Zila Panchayat] —
209. (1) Whoever without the written permission of the 1 [Zila Panchayat] —
(a) causes or allows any vehicle, with or without an animal harnessed thereto, to remain or stand so as to cause obstruction in any public street in a controlled rural area longer than may be necessary for loading or unloading or for taking up or setting down passengers, or
(b) leaves or fastens any vehicles or animal so as to cause obstruction in any such street, or
(c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any such street, or
(d) deposits, or suffers to be deposited any building materials, box, bale, package or merchandize in any such street, or
(e) erects or sets up any fence, rail, post, stall, or any scaffolding or any other such fixture in any such street, or
(f) in any manner willfully obstructs or causes obstruction to the free passage of any such street,
shall be liable upon conviction to a fine which may extend to fifty rupees.
The 1 [Zila Panchayat] shall have power to remove any obstruction referred to in sub -section (1) and the expenses of such removal shall be recoverable from the offender in the manner provided by Chapter VIII.
The power exercisable by a 1 [Zila Panchayat] under subsection (2) to remove obstructions from streets, shall also be exercisable for the removal by the 1 [Zila Panchayat] of obstructions from any open space, whether vested in the 1 [Zila Panchayat] or not, which is not private property.
Nothing contained in this section shall apply to any obstruction of a street permitted by the 1 [Zila Panchayat] under any section of this Act or any rule or bye-law made or license granted thereunder.
Sanitation and prevention of disease
The 1[Zila Panchayat] may require by notice any person employing more than twenty workmen or labourers or owning, managing or having control of a market, school or theatre of other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleaned :
Provided that nothing in this section shall apply to a factory regulated by the Factories Act, 1948.
The 1[Zila Panchayat] may by notice require the owner or occupier of any land or building to cleanse, repair, cover fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the 1 [Zila Panchayat] to be injurious to health or offensive to the neighborhood :
Provided that the owner or occupier may require the 1 [Zila Panchayat] to acquire at its expense, or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under the foregoing provision.
Should any land be in a filthy or unwholesome state the 1 [Zila Panchayat] may, by notice, require the owner thereof to cleanse, or otherwise put in a proper state, the land, and thereafter to keep the same in a clean and proper state.
(1) The 1 [Zila Panchayat] may in any controlled rural area—
(a) provide receptacles and places for the temporary deposit of offensive matter and rubbish ;
Latrines for factories, schools and places of public resort
Act LXIII of 1948
Power to require removal of nuisance arising from tanks, etc.
Cleaning filthy land
Regulation of the disposal of rubbish, night-soil, etc.
(b) appoint places for the disposal of night-soil, and other offensive matter and rubbish, and
(c) by public notice issue directions as to the time, manner and conditions at, in and subject to which any offensive matter or rubbish referred to in clauses (a) and (b) may be removed along a street, deposited or otherwise disposal of.
It shall be sufficient notice of the appointment of a place under clause (b) of sub-section (1) that a notice board indicating such appointment is displayed on or near the place appointed.
The occupier of any building or land from which any offensive matter, rubbish, or night-soil is thrown or deposited on any part of a public drain, or into any drain communicating with a public drain, otherwise than in a place appointed under clause (b) or in a receptacle or place provided under clause (a) of sub-section (1) of section 213, and any person contravening any direction of a 1 [Zila Panchayat] issued under clause (c) of the said sub-section shall be liable, upon conviction, to a fine not exceeding twenty rupees.
In specified areas, whenever the water of a sink, sewer or cesspool or any other offensive matter is allowed to flow, drain or be put upon a public street or place, or into a sewer or drain not set apart for the purpose without the permission in writing of the 1 [Zila Panchayat] or in contravention of any condition prescribed in such permission, the owner or occupier of the land or buildings from which such water or offensive matter flows, drains or is put, shall be liable upon conviction, to a fine which may extend to twenty rupees.
(1) In a controlled rural area, should a building, or a room in a building, be in the opinion of the 1 [Zila Panchayat] unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the 1[Zila Panchayat] may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used either absolutely or unless, within a time to be specified in the notice, he effects such alteration therein as is prescribed in the notice.
Upon failure of a person to whom notice is issued under subsection (1) to comply therewith, it shall be lawful for the 1 [Zila Panchayat] to require by further notice the demolition of the building or room.
Whoever, while suffering from an infectious, contagious or loathsome disorder —
(a) makes or offers for sale an article of food or drink for human consumption or a 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,
Penalty for improper disposal of rubbish, night soil, etc.
Penalty for discharging sewage on public street, etc.
Building unfit for human habitation
Penalty for acts done by persons suffering from certain disorders
shall be liable upon conviction to a fine which may extend to twenty rupees.
Prohibition of cultivation, use of manure, or irrigation injurious to health
Power to require owners to clear away noxious vegetation
Power to require excavation to be filled up or drained
Power in respect of burial and burning ground
If the Director of Medical and Health Services certifies that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner.
(a) in a place within the limits of a rural area is injurious of facilitates practices which are injurious to the health of persons dwelling in the neighborhood, or
(b) in a specified place within the rural area is likely to contaminate the water supply of such specified place or otherwise render it unfit for drinking purposes, the 1 [Zila Panchayat] may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent the injury or contamination :
Provided that when, on any land in respect of which such notice is issued, the act prohibited has been practiced in the ordinary course of husbandry for the five successive years next preceding the date of prohibition compensation shall be paid from the Zila Nidhi to all persons interested therein for damage caused to them by such prohibition.
The 1[Zila Panchayat] may, by notice, require the owner or occupier of any land to clear away and remove any vegetation or under growth which may be injurious to health or offensive to the neighborhood.
In a rural area for which bye-laws have been made under sub -head (d) of heading [G] of sub-section (2) of section 239 the 1 [Zila Panchayat] may, by notice, require the owner or occupier of any land upon which an excavation, cesspool, tank or pit had been made in contravention of such bye-laws, or in breach of the condition under which permission to dig any such excavation, cesspool, tank or pit has been granted, to fill up or drain the excavation, cesspool, tank or pit within a period to be specified in such notice.
(1) The 1 [Zila Panchayat] may, by public notice, order a burial or burning ground which is certified by the civil surgeon or Swasthya Adhikari to be dangerous, or likely to be dangerous, to the health of persons living in the neighborhood to be closed from a date to be specified in the notice, and shall, in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose.
Private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the 1 [Zila Panchayat] may impose in this behalf :
Provided that the limits of such burial places are sufficiently defined, and that they shall be used only for burial of members of the family of the owners thereof.
(3) No new burial or burning ground whether public or private shall be made or formed without the permission in writing of the 1 [Zila Panchayat] .
(4) No person shall, except with the permission of the 1 [Zila Panchayat] in writing, bury or burn, or cause to be buried or burnt, a corpse in a burial or burning ground closed under sub-section (1) or made or formed in contravention of the provision of sub-section (3).
(5) Should a person bury or burn, or cause or permit to be buried or burnt, a corpse contrary to the provisions of this section, he shall be liable upon conviction to a fine which may extend to fifty rupees.
Inspection, entry, search, etc.
Roop's Law Assist