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(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.
138      THE MADRAS PUBLIC HEALTH ACT, 1939          Sec. 103
(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).
(d) the full names and the places of residence of any person who are to act as deputies of the keeper of the lodging house.
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.
'''103. Conditions of registration and of renewal of registratio'''n.(1) An executive authority on receiving from any person an application for registration, or for the renewal of the registration as a keeper of a lodging house, and on payment by him of such fee, if any, as may be prescribed for the purpose, shall register the applicant in respect of the lodging house named in the application or renew his registration in respect thereof and issue to him a certificate of registration or of renewal of registration:
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.
Provided that the executive authority
(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.
(a) shall not register an applicant until the Health Officer has inspected the premises named in the application and has recommended such registration; and
(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 orportion 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:
(b) may refuse to register or, to renew the registration of, an applicant if he is satisfied that
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.
 
(i) the applicant or any person employed or proposed to be employed by the applicant at the lodging house as a deputy or otherwise is not a fit person, whether by reason of age or otherwise, to keep or to be employed at a lodging house; or
 
(ii) the premises are not suitable for use as lodging house or are not as regards sanitation and water-supply and in other respects including means of escape in case of fire, suitably equipped for use as such; or
 
(iii) the use of the premises as lodging house is likely to occasion inconvenience or annoyance to persons residing in the neighbourhood.
 
(2) The registration, or the renewal of the registration, of a person as a keeper of a lodging house shall expire at the end of the year for which it is granted unless, for special reasons, the executive authority considers that it should expire at an earlier date, when it shall expire at such earlier date which shall be specified in the certificate of registration or of renewal of registration.
 
(3) If an executive authority refuses to grant or renew registration under this section, he shall deliver to the applicant a statement in writing of the grounds on which his application is refused.
 
(4) If at any time, a person registered as the keeper of a lodging house applies for the removal from the register of the name of any person entered therein as a deputy of the keeper, or for the insertion therein of the name of any other person, being a person approved by the executive authority, whom the keeper proposes to employ as a deputy, the executive authority shall alter the register accordingly and make any consequential alterations in the certificate of registration.
 
'''104. Appeal to local authority'''.— Aperson aggrieved by the refusal of an executive authority to grant or renew registration under Section 103 may appeal to the local authority.
 
'''105. Rules for the upkeep and maintenance of lodging houses.'''-- The Government shall have power to make rules
 
(a) for fixing the number of persons who may be received into a lodging house and for the separate accommodation of the sexes therein;
 
(b) for promoting cleanliness and ventilation in lodging houses and requiring the walls and ceiling thereof to be lime-washed or treated with some other suitable preparation, at specified intervals;
 
(c) with respect to the taking of precautions when any case of infectious disease occurs in a lodging house; and
 
(d) generally for the well-ordering of lodging houses.
 
'''106. Notice to be affixed outside the lodging house'''.(1) The keeper of a lodging house shall, if so required by the executive authority, affix, and keep affixed and undefaced and legible, a notice with the words “Registered lodging house" in some conspicuous place on the outside of the house.
 
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Revision as of 07:03, 2 February 2018

138 THE MADRAS PUBLIC HEALTH ACT, 1939 Sec. 103

(d) the full names and the places of residence of any person who are to act as deputies of the keeper of the lodging house.

103. Conditions of registration and of renewal of registration.– (1) An executive authority on receiving from any person an application for registration, or for the renewal of the registration as a keeper of a lodging house, and on payment by him of such fee, if any, as may be prescribed for the purpose, shall register the applicant in respect of the lodging house named in the application or renew his registration in respect thereof and issue to him a certificate of registration or of renewal of registration:

Provided that the executive authority

(a) shall not register an applicant until the Health Officer has inspected the premises named in the application and has recommended such registration; and

(b) may refuse to register or, to renew the registration of, an applicant if he is satisfied that

(i) the applicant or any person employed or proposed to be employed by the applicant at the lodging house as a deputy or otherwise is not a fit person, whether by reason of age or otherwise, to keep or to be employed at a lodging house; or

(ii) the premises are not suitable for use as lodging house or are not as regards sanitation and water-supply and in other respects including means of escape in case of fire, suitably equipped for use as such; or

(iii) the use of the premises as lodging house is likely to occasion inconvenience or annoyance to persons residing in the neighbourhood.

(2) The registration, or the renewal of the registration, of a person as a keeper of a lodging house shall expire at the end of the year for which it is granted unless, for special reasons, the executive authority considers that it should expire at an earlier date, when it shall expire at such earlier date which shall be specified in the certificate of registration or of renewal of registration.

(3) If an executive authority refuses to grant or renew registration under this section, he shall deliver to the applicant a statement in writing of the grounds on which his application is refused.

(4) If at any time, a person registered as the keeper of a lodging house applies for the removal from the register of the name of any person entered therein as a deputy of the keeper, or for the insertion therein of the name of any other person, being a person approved by the executive authority, whom the keeper proposes to employ as a deputy, the executive authority shall alter the register accordingly and make any consequential alterations in the certificate of registration.

104. Appeal to local authority.— Aperson aggrieved by the refusal of an executive authority to grant or renew registration under Section 103 may appeal to the local authority.

105. Rules for the upkeep and maintenance of lodging houses.-- The Government shall have power to make rules

(a) for fixing the number of persons who may be received into a lodging house and for the separate accommodation of the sexes therein;

(b) for promoting cleanliness and ventilation in lodging houses and requiring the walls and ceiling thereof to be lime-washed or treated with some other suitable preparation, at specified intervals;

(c) with respect to the taking of precautions when any case of infectious disease occurs in a lodging house; and

(d) generally for the well-ordering of lodging houses.

106. Notice to be affixed outside the lodging house.(1) The keeper of a lodging house shall, if so required by the executive authority, affix, and keep affixed and undefaced and legible, a notice with the words “Registered lodging house" in some conspicuous place on the outside of the house.


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