Panchayat:Repo18/vol2-page0088
THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 103
Provided that, before making an order under this sub-section, the local authority shall give the owner and occupier or occupiers, if any, concerned, a reasonable opportunity of showing cause why it should not be made. (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.
103. Back-to-back houses not to be erected without permission.-
Notwithstanding anything contained in any other law for the time being in force, no person shall, without the previous permission of the Health Officer, erect any back-to back houses intended to be used as dwelling houses and any such house the erection of which is begun after the Commencement of this Act without such permission shall be deemed to be unfit for human habitation within the meaning of section 102.
Part III - Abatement of overcrowding 104. 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.
105. Duties of landlord.-
A landlord of a tenement(a) shall maintain it in a habitable condition; and (b) except temporarily on Occasions such as marriages 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 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 a 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.
106. 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 105; and (b) whether a tenement or any class of tenements is or is not overcrowded within the meaning of that section.
CHAPTER XI
Lodging Houses
107. Lodging house to be registered.-
(1) 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.
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