Amendment status not verified — confirm the current text below against the official source.
Detection of nuisance. - Every local autho- rity shall, - (a) cause its local area to be inspected frOIn time to time with a, view to aScertain what nuisance exist therein calling for abatement under the powers conferred on such authority by thIs Act, and ' (b) euforce the. prOVISIons of this Act in order to abate such nuisances. /39. Iilformation regarding nuisance. - Any person aggrieved by a nuisance, in any local area may give iuformation of the same to the Health Officer or any other officer of the local authority. J 4(). Power of Health Officer to abate nuisance.- If the Health Officer is satisfied, whether upon information given under section 39 or otherwise, of the existence of a nuisance, he may, by notice, require the perSon by whose act, default or suffer- ance 'the nuisance arises or continues, or, if that person cannot be found, the owner or occupier of 'tha premises on which' the nuisance arises or con- tinues, to abate the nuisance and to execute such works and take such steps as may be necessary for that purpose: ,~ ~ ___ """"iiiiiiiiiiii ................ -.... " .... --_--_""""" ....... ~~~~~~--~~~' "~~~~'-~-~=---~ 16TH,JANUARY, 1986 (PAUSA 2:.:6~, -=1=--90:...:i~)-----.:.~~ __ ,--_~ __ -, _______ --,--=:..pij=.T '. -.; ... (Ii) where the nuisance ari~es fronlallydefeet , of a' structliralcharacter, the notice shall be · . served on the owner of the premises; 'and "" ' " " . . .: (b) where. the person causing tlWnUisance ,'. cannot be found and it is clear that the nuisance does not arise '01' continue by the act, default · .or sufferance of the owner or . the occupier, of . the premises, the Health Officer may. himself forthwith do what he considers necessary to .. ··abate the nUisance and to prevent a recurrence thereof. . . ,. 'l1.PoweroHocitl- authority to abate nuiSait<;e.- If the person on \vhom a notice to' 'abate a nili.sance has been served· under section 40 makes default In lW~plying with anyo.f its reql:lirements within the time speCified 'therein or if the mrlsance ·although abated Within such' time is, in the opinion of the loeal authority; likely to recur on thes!tm.e I1remis;es, the local authority may arrange for the execution of any works necessary to abate the nuisance or to' prwent'its ·'recurrence" as the case maybe, and may 'recover the cost . from ' such 'personsas if it Were a tax due to the local authority.: ,,: . . . ,- . . , . 42. Provision regarding houserenderoo unfit"for occupation by reason of nuisance. - Where, a J;1ouse Pr other building, is in \:he opinion of thE! 'ReaJth Officer, unfit fpr liUnlan habitation, by rea:;lOn of a nuisance existing·therein, he may·apply·toa· Ma" ¥i~trate to prQhil?it the. use of:,u?r. 9-ouseor bili.l~ mg for hUI\lan' habitatlOnuntIllt IS rendered fIt ~erefor .. ' · ...... , 43~DisPosal of . articles ~mo~ while'· abating nili.sance.- (l).The Health Officer may sell any material which have been removed by him from any premises 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 own.erbefore the expiration of seven days from the date on which they were rerp.oved by the local authority. (2) A Health Officer sellillg any materials under sub-section (1), shall pay the sale-proceeds to the person to whom the materials belonged after deduc- ting therefrom the. amount of any' expenSes recover- able from him by' 'such authOrity. . ". (3) The provision!> of this Section shall not apply to any offensive matter removed by a local ll,uthority under the Act governing such authority. I .' . . , . ~4. Powers of entry and inspection. - Any Officer of' the Public Health Department of the Government not below the rank of Health or Sanitary Inspector, may enter and insp'ect any prerllises for the purpose ,oj! enforCing any of the provisions. contained in this .'Chapter: .. Providedthat-'- '(a)nos)l~h entry shall be,mad~ between. sun- set. a,nd .sunrise except when, a nuisance is caused 'by anYthing don,? or. omitt~. to .. be done in the premises between sunset alld s'llnrise; . . (b) no dwelling house shall be SO" entered withou,t th,econsento.f t4~.O:<lcupim:thereQf,and ~'U!ilt)ss'h'il'l).as l,>E\enserv.ea.ai·leQl;t ~wenty-four , - -, . ,'" '" -. - ," -' , ... ,~ .. '., " .. ' ,,,., -. . hourS previous: notice of: the int~t~on.t.oc,l!l~ such entry; ", ..... e, .;', "".e ... <,. (c) sufficient·notice ·shall·in,every ;cam'.be given to enable the inmates' of, any" ll.partn1ent approrriated to women to withdr;tw,to sorne I?art of the prelllises Where their priv,l.Cy'may:be preserved; and, ". " .' . (d) due regard shall be paid,so far~s: may: be compatible with the'exigencies of the purpose' of -the' entry to the·' social and religiOUS: :lI-sages of the persons residing in 'the premises. ';' .. L; . . '," __ : " -.r -:,-::~>::).':':-: