Panchayat:Repo18/vol2-page0137

Sec. 102 THE MADRAS PUBLIC HEALTH ACT, 1939 137

        (2) When any order has been made under sub-section (1), the executive authority shall cause a copy of the order to be communicated to the owner as well as to every occupier concerned; and every such occupier shall be bound to cease to inhabit the dwelling house or portion thereof, as the case may be, within thirty days after the communication of the order to him.

        (3) The owner of any dwelling house or portion of a dwelling house in respect of which an order under sub-section (1) is in force, shall not let or occupy, or permit to be let or occupied, such dwelling house or portion, or any part thereof, as a human habitation.

97. X X X X

PART III - Abatement of Overcrowding

        98. Definitions.— In this part —(1) ‘tenement means a dwelling house and includes

        (a) any part of a dwelling house which is capable of separate occupation; and

        (b) a students' hostel under public or recognised control, but does not include a dwelling house or part of a dwelling house occupied by the owner thereof; and

        (2) landlord' means the immediate landlord of the occupier or occupiers of a tenement.

        99. Duties of landlord.– A landlord of a tenement.—

        (a) shall maintain it in a habitable condition; and

        (b) except temporarily on occasions such as marriage and the like shall not cause or permit the tenement to be overcrowded:

        Provided that no proceedings shall be instituted against the landlord in respect of any infringement by him of the provisions of this section, unless a notice in writing that the tenement is not in a habitable condition or that it is overcrowded, has been served upon the landlord or his agent by the Health Officer, and the landlord fails within such time as may be specified in such notice to take such steps as may be reasonably open to him for putting the tenement in habitable condition or for securing the abatement of the overcrowding therein, as the case may be, including, if necessary, the taking of legal proceedings for possession of the tenement.

        100. Power to make rules.— The Government shall have power to make rules for determining—

        (a) whether a tenement or any class of tenements is or is not maintained in a habitable condition within the meaning of Section 99; and

        (b) whether a tenement or any class of tenements is or is not overcrowded within the meaning of that section.

CHAPTER XI

Lodging House

        101. Lodging houses to be registered.- No person shall keep a lodging house or receive a lodger therein unless he is registered as the keeper thereof under this Act:

Provided that a person who immediately before the commencement of this Act was keeping a lodging house shall, for a period of three months after such commencement, be deemed to have been registered as the keeper thereof.

        102. Register of lodging houses.-- Every executive authority shall keep a register in which shall be entered

        (a) the full name and the place of residence of every person registered as the keeper of a lodging house;

        (b) the situation of every such lodging house;

        (c) the number of persons authorised to be received in the lodging house; and

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