Panchayat:Repo18/vol2-page0124

124 THE MADRAS PUBLIC HEALTH ACT, 1939 Sec. 46

       46. Provision regarding house rendered unfit for occupation by reason of nuisances.-- Where a house or other building is, in the opinion of the Health Officer, unfit for human habitation by reason of a nuisance existing therein, he may apply to a Magistrate (not being a Magistrate of the third class) to prohibit the use of such house or building for human habitation until it is rendered fit therefor.

       47. Disposal of articles removed while abating nuisance.– (1) A local authority may sell any materials which have been removed by it from any premises (including any street), when executing works under this Chapter or otherwise carrying into effect the provisions thereof, if such materials are not claimed and taken away by the owner before the expiration of seven days from the date on which they were removed by the local authority.

       (2) A local authority selling any materials under sub-section (1) shall pay the sale-proceeds to the person to whom the material belonged, after deducting therefrom the amount of any expenses recoverable from him by such authority.

       (3) The provisions of this section shall not apply to any offensive matter removed by a local authority under the Act governing such authority.

       48. Powers of entry and inspection. The executive authority or any officer of the Public Health Department of the Government or of the local authority, not below the rank of Health or Sanitary Inspector, may enter and inspect any premises for the purpose of enforcing any of the provisions contained in this Chapter:

       Provided that —

       (a) no such entry shall be made between sunset and sunrise except when a nuisance is caused by anything done or omitted to be done in the premises between sunset and sunrise;

       (b) no dwelling house shall be so entered without the consent of the occupier thereof unless he has received at least twenty-four hours previous notice of the intention to make such entry;

       (c) sufficient notice shall, in every case, be given to enable the inmates of any apartment appropriated to women to withdraw to some part of the premises where their privacy may be preserved; and

       (d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usages of the persons residing in the premises.

       49. Power of Government in case of default by local authority. If the local authority or its Health Officer makes default in doing its or his duty under this Act in regard to the abatement or prevention of nuisances, the Government may authorise any of their officers to perform such duty and for that purpose to exercise any specified powers of the local authority or of its Health Officer or of both, in the local area concerned and the expenses incurred by such Officers shall be met from the funds of the local authority.

       50. Nuisance caused by act or omission outside local area.- If a nuisance under this Act within, of affecting any part of, a local area, appears to be wholly or partly caused by some act or default committed or taking place outside such local area, the local authority may take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisances, authorised by this Act in the like cases and with the like incidents and consequences as if the act or default were committed or took place wholly within such local area.

       51. Prohibition of the deposit of rubbish etc., in streets, etc.-- (1) No person shall deposit, or cause or suffer any member of his family or household to deposit any carcasses of animals, any dust, dirt, dung, ashes or refuse or filth of any kind, any animal matter, any broken glass, earthenware or other rubbish, or any other thing which is or may be a nuisance, in any street or in any arch under a street, or in any drain beside a street, or on any open space (not being private property) or on any quay, jetty or landing place or on any such part of the sea-shore, or on the bank of any water-course, except in such receptacles as may be provided or at such places, in such manner and at such hours, as may be fixed by the Health Officer.

       (2) No person shall cause himself, or cause, permit or suffer any member of his family or

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