Bare ActsThe Jharkhand Municipal Act 2011

Section 386

Amendment status not verified — confirm the current text below against the official source.

Power to require improvement of building unfit for human habitation- (1) If, upon information in his possession, the Municipal Commissioner or the Executive Officer is satisfied that any building is in any respect unfit for human habitation, he may, unless, in his opinion, the building is not capable of being rendered fit at a reasonable expense, serve on the owner of the building a notice requiring him, within such period, not being less than thirty days, as may be specified in the notice, to execute the works of improvement specified therein, and stating that in his opinion such works will render the building fit for human habitation. (2) In addition to the notice served on the owner of the building under sub-section (1), the Municipal Commissioner or the Executive Officer may also serve a copy of the notice on any other person having an interest in the building, whether as a lessee or as a mortgagee or otherwise. >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 597 (3) In determining whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render the building so fit and the estimated value which the building will have on completion of the works. (4) If the notice under sub-section (1) requiring the owner of the building to execute the works of improvement is not complied with, and, on the expiration of the period specified in the notice, the Municipal Commissioner or the Executive Officer may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act. (5) Whenever it appears to the Municipal Commissioner or the Executive Officer that any building, by reason of being unsecured and untenanted or by reason of having fallen into ruins leads to the commission of a nuisance or for the harbourage of snakes or other noxious animals, the Municipal Commissioner or the Executive Officer may require the owner of such building, or the owner of the land to which such building is attached, to secure the same or to remove or level such ruins, as the case may require. (6) Whenever on any land, being private property, there exists thick vegetation or undergrowth which appears to be injurious to health or to form an impediment to efficient ventilation, the Municipal Commissioner or the Executive Officer may by notice require the owner or occupier of such land, to clear away and remove such vegetation or undergrowth. within a period to be specified in such notice. 7.(a) The Municipal Commissioner or the Executive Officer, with the approval of the Standing Committee, may by a general order prohibit the making of excavations for the purpose of digging earth or stones therefrom, or for the purpose of storing rubbish or offensive matter therein or the digging or construction of tanks, pits and cesspools, without special permission previously obtained. (b) Any person who contravenes an order under clause (a) this sub-section shall be liable to a fine not exceeding two thousand rupees. (8)If the Municipal Commissioner or the Executive Officer, with the approval of the Standing Committee, is of the opinion that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any specified manner – (a) in any place within the limits of municipality, is injurious, or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood, or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 598 (b) in any place within or outside the limits of municipality, is likely to contaminate the water-supply of municipality, or otherwise render it unfit for drinking purposes makes a report to the State Government, and the State Government may, on receipt of report from the municipality, by public notice, prohibit the cultivation of such crop, the use of such manure or the use of such method of irrigation or impose such conditions with respect thereto as may prevent injury therefrom: Provided that, if the act prohibited has been practiced in the ordinary course of husbandry at any time during the preceding five successive years, compensation for the damages at the rates specified shall be paid to all persons affected by such prohibition from the municipal fund

Section 386 – The Jharkhand Municipal Act 2011 | DailyLaw.ai