Panchayat:Repo18/vol2-page0086
(2) If the provisions of sub-section (1) are contravened by any person, the Health Officer may re-execute the work or replace the materials or things, as the case may be, and the cost of doing so shall be recovered from such person in the same manner as if it were an arrear of land revenue.
93. Power of health staff to enter and inspect premises.-
For the purpose of enforcing the provisions contained in this Chapter, the Health Officer or any of his subordinates not below the rank of Health or Sanitary Inspector may, at all reasonable times, after giving such notice as may appear to him reasonable, enter and inspect any land or building within his jurisdiction and the occupier or the owner, as the case may be, of such land or building, shall give all facilities necessary for such entry and inspection, and supply all such information as may be required of him for the purpose aforesaid.
94. Financial inability, etc., sufficient defence.-
In any proceedings under this Chapter, it shall be sufficient defence to show that the person proceeded against is financially unable to carry out the directions given or that the necessary materials and appliances for the treatment or measures recommended are not available or that the collection of water is indispensable for the general communal purposes of the locality.
CHAPTER X - Sanitation and Buildings
Part I - Residential Areas
95.Notification of residential areas.-
(1) Every urban local authority shall, within one year from the commencement of this Act or within such further time as the Government may allow in the case of any such authority, notify in the prescribed manner, the localities, divisions, wards, streets or portions of streets in its local area which shall be reserved for residential purposes.
(2) An urban local authority may, at any time subsequent to the issue of a notification under sub-section (1), notify additional localities, divisions, wards, streets or portions of streets, as areas which shall be reserved for residential purposes.
(3) A notification issued under sub-section (1) or sub-section (2) may declare that operations in any factory, workshop or workplace in existence at the time when it comes into force, or that the continuance of any offensive trade carried on by any person at such time shall be subject to such restrictions, limitations, and conditions as may be specified in the notification.
96. Approval of Director of Health Services and Director of Town Planning to be obtained for notification.-
(1) Before issuing a notification under section 95, the local authority shall-
(a) obtain the approval both of the Director of Health Services and of the Director of Town Planning, in regard to
(i) the suitability of the areas proposed to be reserved for residential purposes;
(ii) the restrictions, limitations and conditions, if any, proposed to be imposed under sub-section (3) of section 95; and
(b) publish in the prescribed manner for general information the situation and limits of the areas proposed to be reserved for residential purposes and the restrictions, limitations and conditions, if any proposed to be imposed under sub-section (3) of section 95, and consider all objections received by it within six weeks of such publication.
(2) In the event of a difference of opinion between the local authority and the 2Director of Health Services) or the Director of Town Planning, the matter shall be referred to the Government whose decision shall be final.
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