NationalLibraryOfScotland/medical-history-of-british-india huggingface dataset:
SECT. X.]
SANITARY REGULATIONS.
231
Council, from time to time, borrow such sums of money as may be required,
by way of debenture on the security of the lands and other property vested in
them for the purposes of this Act, and on the security of the rates, taxes, and
dues leviable under this Act, or of a portion of them, and at such rate of
interest and upon such terms as the said Governor in Council may approve.
* * * *
LXXXI. General Conservancy. —PLACES OF DEPOSIT FOR FILTH.—
The Municipal Commissioners shall provide all cattle, carts, and implements
required for the removal of night-soil, dung, and other filth, and shall, from
time to time, appoint or provide places convenient for the deposit of such
night-soil, dung, and other filth, and for keeping all cattle, carts, and imple-
ments required for the removal thereof, and for other purposes of conser-
vancy.
Proviso.
LXXXII. OCCUPIERS OF HOUSES TO REMOVE NIGHT-SOIL, &C., TO CARTS OF
COMMISSIONERS.—It shall be the duty of the occupier of every house within the
limits of any Town to which this Act shall be applied, to remove from his pre-
mises all night-soil, dung, and other filth into carts provided by the Municipal
Commissioners for the purpose of carrying away the same, and at such
times and in such manner as the Municipal Commissioners
may direct. Provided that if the occupier of any house
shall prefer to carry away the said night soil, dung, or other filth, it shall he
open to him to do so in conformity with the provisions of Section LXXXVII.
LXXXIII. ALL RUBBISH COLLECTED, THE PROPERTY OF MUNICIPAL COMMIS-
S I O N E R S . — A l l d i r t , a s h e s , r u b b i s h , s e w a g e , s o i l , d u n g , a n d f i l t h , c o l l e c t e d b y t h e
Municipal Commissioners from the streets, houses, privies, sewers, and cess-
pools, shall be held to be the property of the said Municipal Commissioners,
who shall have power to sell and dispose of the same, and the money arising
from the sale thereof shall form part of the Municipal Fund.
LXXXIV. DUST BOXES IN STREETS.—The Municipal Commissioners may
cause any number of movable or fixed dust boxes, or other convenientreceptacles
wherein dust and rubbish may be temporarily deposited until removed and
carried away, to be provided and placed in convenient situations, and may
require the occupiers of houses in streets to cause all such matter as aforesaid
to be deposited daily, or otherwise periodically, in the said receptacles. Every
person, who, after such receptacles have been provided, and after such requi-
sition, shall deposit or cause to be deposited any such matter in any street
except in such receptacles, shall be liable to a penalty not exceeding ten
Rupees for each offence.
LXXXV. DEPOSITING DIRT IN STREETS, &C.—Whoever deposits, or permits
his servants to deposit any filth of any kind, except in such places and in such
232
SANITARY REGULATIONS.
[SECT. X.
manner and at such hours as shall be fixed by the Commissioners, shall be
liable to a penalty not exceeding ten Rupees for each offence.
LXXXVI. ALLOWING SEWAGE TO FLOW ON STREETS.—Whoever allows any
offensive matter from any privy or cess-pool to run, drain, or be thrown
into a surface drain in any street, shall be liable to a penalty not exceeding
ten Rupees for each offence.
LXXXVII. REMOVAL OF NIGHT-SOIL.—The Municipal Commissioners
shall, from time to time, fix the hours within which it shall be lawful to
remove night-soil or other such offensive matter and the manner in which
such night-soil or other offensive matter shall be removed. And after noti-
fication of the manner and time of such removal, any person who shall not
conform to such notification, shall be liable to a penalty not exceeding ten
Rupees for each offence.
LXXXVIII. PENALTY ON OCCUPIER OF A HOUSE NOT REMOVING FILTH.—Who-
ever being the occupier of a house within the limits of any town, keeps or allow to
be kept for more than twenty-four hours or otherwise than in some proper
receptacle, any dirt, dung, night-soil, filth, or any noxious or offensive matter,
in or upon the roof of such house, or in or upon the roof of any out-house, or
in any yard, or ground attached to, and occupied by, the occupier of such
house, shall be liable to a penalty not exceeding ten Rupees for each offence.
LXXXIX. FILTHY HOUSES.—Whoever being the owner or occupier of any
house, building, or land within any Town, whether tenantable, or otherwise,
suffers the same to be in a filthy or unwholesome state, shall be liable to a
penalty not exceeding ten Rupees, and to a further penalty not exceeding ten
Rupees for every day after conviction for such offence during which the
offence is continued.
XC. COMMON NECESSARIES.—The Municipal Commissioners shall provide
and maintain, in sufficient numbers and in proper situations, common privies
and urinals, and shall cause the same to be kept in proper order and to be
daily cleansed.
XCI. LICENSED PUBLIC NECESSARIES.—It shall also be lawful for the Muni-
cipal Commissioners to grant to such persons and for such period as they think
fit, licenses to keep privies for public accommodation, subject to such condi-
tions as may be necessary for the preservation of public health and decency.
Any such person holding such license and failing to observe the conditions
prescribed in such license, shall be liable to a fine not exceeding fifty Rupees.
Provided that it shall be lawful for the Municipal Commissioners, at any
time, on giving one month's notice, to cancel any license granted under this
Section.
SECT. X.]
SANITARY REGULATIONS.
233
XCII. NEGLECT TO ENCLOSE PRIVATE PRIVY.—The owner of any house or
building within any town, having a privy on his premises, shall have such
privy shut out by a wall or fence from the view of persons passing by or
residing in the neighbourhood, and, in default, shall be liable to a fine not
exceeding ten Rupees, and to a further fine not exceeding ten Rupees a day
for each day of default or breach of the provisions of this Section, after notice
duly given by the Municipal Commissioners to such owner or occupier of
such privy.
XCIII. SEWERS AND DRAINS, &C., UNDER CONTROL OF THE MUNICIPAL
COMMIS-SIONERS.—All public sewers, drains, and other works for conservancy existing
in any Town at the time of this Act comes into operation, or which may
afterwards be made, shall be under the direction and control of the Municipal
Commissioners.
XCIV. SEWERS, &C., TO BE CONSTRUCTED UNDER THE DIRECTION OF THE MUNI-
CIPAL COMMISSIONERS.-All public sewers, or other works for the improvement
or the conservancy hereafter required in any Town, shall be constructed
under the direction of the Municipal Commissioners, who shall be em-
powered to purchase any land necessary for such purposes from funds at their
disposal, or such land shall, if necessary, be taken under the sanction of Gov-
ernment, under the provisions of any Act heretofore passed, or which shall
hereafter be passed for the acquisition of land for public purposes.
XCV. BRANCH DRAINS, PRIVIES, &C., UNDER CONTROL OF COMMISSIONERS.
— A l l b r a n c h d r a i n s , a n d a l l p r i v i e s a n d c e s s p o o l s w i t h i n a n y T o w n s h a l l b e
under the survey and control of the Municipal Commissioners, and shall be
repaired, and made efficient at the cost of the owners of the lands and build-
ings to which the same belong. If any such owner neglect, during eight
days after notice in writing to repair and make the same efficient in such
manner as may be required by the Municipal Commissioners, the Municipal
Commissioners shall cause such drain, privy, or cesspool, to be made efficient,
or if necessary removed, and the expense of such removal or repair shall be
paid by the owner or occupier so making default, and shall be recoverable as
a debt due to the Municipal Commissioners.
XCVI. PENALTY FOR MAKING DRAINS, &C., CONTRARY TO COMMISSIONERS'
ORDERS.—If any such drain, privy or cesspool is constructed after the passing
of this Act contrary to the directions and the regulations of the Commis-
sioners, or contrary to the provisions of this Act, or if any person, without
the consent of the Commissioners, constructs, re-builds, or unstops any drain,
privy or cesspool, which has been ordered by them to be demolished or
stopped up, or not to be made, every person so doing shall be liable to a
penalty not exceeding fifty (50) Rupees. And the Commissioners may cause
EE
234
S ANI TARY REGULATTONS . [ S E C T . X .
such drain, privy, or cesspool to be removed, or may cause such amendment
or alteration to be made therein as they think fit, and the expense thereof
shall be paid by the person by whom such drain, privy, or cesspool was
improperly constructed, re-built, or unstopped, and shall be recoverable as a
debt due to the Municipal Commissioners.
XCVII. THROWING RUBBISH INTO SEWERS.—Whoever throws or puts, or
permits his servants to throw or put any earth, dirt, or other filth, rubbish, or
night-soil into any sewer not specially appropriated for such purpose by the
Municipal Commissioners, shall be liable to a penalty not exceeding ten
Rupees for each offence.
XCVIII. INSPECTION OF DRAINS, PRIVIES, AND CESSPOOLS.—The Municipal
Commissioners or any Officer appointed by them for that purpose, may
inspect all privies, drains, and cesspools, within any Town at any time between
sun-rise and sun-set, after six hours' notice to the occupier of any premises
in which such privies, drains, or cesspools are situated, and may, if necessary,
cause the ground to be opened where they or he think fit for the purpose of
preventing or removing any nuisance arising from such privies, drains, or
cesspools.
XCIX. ALL PUBLIC STREAMS, &C., TO BE UNDER DIRECTION AND CONTROL O
F THE COMMISSIONERS.—All public streams, channels, water courses, tanks,
reservoirs, springs, and wells, in any Town shall, for the purpose of this Act,
be under the direction and control of the Municipal Commissioners.
C. BATHING PLACES, &C.—The Municipal Commissioners shall have
power to set apart a sufficient number of convenient tanks, or parts of rivers,
streams, or channels, not being private property, for the inhabitants to bathe
in, and also to set apart tanks or other places for washing animals or clothes,
or for any other purpose connected with the health, cleanliness, or comfort
of the inhabitants.
CI. FOULING WATER BY BATHING, &C.—Whoever, except as permit-
ted by the Municipal Commissioners, bathes in any public stream, channel,
water course, tank, reservoir, spring, or well, or in any other manner fouls
the water thereof, shall be liable to a fine not exceeding ten Rupees for each
offence.
CII. POWER TO REQUIRE UNWHOLESOME TANKS ON PRIVATE PREMISES
TO BE CLEANSED OR DRAINED.—It shall be lawful for the Municipal Commis-
sioners to require, by notice in writing, the owner of any premises to cleanse any
private tank, and to drain off and remove any waste or stagnant water within
any such premises which may appear to be injurious to health or offensive to
the neighbourhood ; and if such owner refuse or neglect to comply with such
SECT. X.]
SANITARY REGULATIONS.
2 3 5
requisition during eight days from the service thereof, the Municipal Com-
missioners, their officers and workmen, may enter such premises, and do all
necessary acts for all or any of the purposes aforesaid as they shall think fit,
and the expense incurred thereby shall be paid by the owner of such premises
so making default, and shall be recoverable as a debt due to the Municipal
Commissioners.
CIII. STAGNANT POOLS IN OPEN PLACES.—The Municipal Commissioners
shall, from time to time, as they think fit, cleanse, fill up or drain all recep-
tacles of stagnant water, not being within any private enclosure, which shall
appear to them likely to prove injurious to the health of the inhabitants,
whether such receptacles be the private property of any person, or otherwise.
* * * * *
CXII. SALE OF UNWHOLESOME FOOD AND DRINK.—It shall be lawful
for the Municipal Commissioners, or for any person appointed by them for
that purpose, at all reasonable times to enter into and inspect any market,
building, shop, stall, or place used for the sale of any drink, or of butcher's
meat, poultry, fish, vegetables, or other articles of food, and if it appears that
any such drink, meat, poultry, fish, vegetables, or other article intended for
the food of man is unfit for such food, to order the same to be destroyed, or
to be so disposed of as to prevent its being exposed for sale or used for such
food, and the owner thereof, or the person in whose possession the same is
found, shall be liable to a penalty not exceeding fifty Rupees.
* * * * *
CXIV. PENALTY FOR ESTABLISHING CERTAIN OFFENSIVE OR DANGEROUS
TRADES.—Within such limits as may, for the purposes of this Section, be fixed
by the Municipal Commissioners, no premises shall be newly used, except
under license from the Municipal Commissioners, for any of the following
purposes viz., for melting tallow, for boiling offal or blood, or as a soap
house, oil boiling house, dyeing house, tannery, brick, pottery, or lime kiln,
or other manufactory or place of business from which offensive or unwhole-
some smells arise, or as a yard or depôt for hay, straw, wood, or coal ; and
whoever shall, without a license, use any such premises for such purpose, shall
be liable to a fine not exceeding fifty Rupees, and a further fine not exceeding
twenty Rupees for every day after the conviction for such offence during
which the said offence is continued.
CXV. LICENSES TO BE GRANTED.—Licenses shall be issued by t
he Municipal Commissioners to all persons permitted to carry on the trades
aforesaid ; and in these licenses shall be fully stated the conditions under
which it shall be lawful to carry on such trades. And whoever, without such
license, carries on any such trade within the Town, shall be liable to a penalty
236
SANITARY REGULATIONS.
[SECT. X.
not exceeding fifty Rupees ; and to a further penalty not exceeding ten Rupees
for every day after conviction for such offence during which such trade is
continuéd.
CXVI. CASE OF DANGEROUS TRADES ALREADY EXISTING.—If, prior to the
coming into operation of this Act, any such trade as has been carried on
within the limits of any Town, and it is shown, to the satisfaction of the
Municipal Commissioners, that such trade is a nuisance, or dangerous to the
neighbourhood, the Municipal Commissioners shall bring these facts to the
notice of the Magistrate, for the purpose of causing such nuisance to be
removed as provided in Chapter XX., Act XXV. of 1861, (The Code of
Criminal Procedure.)
CXVII. No BURIAL OR BURNING PLACE HENCEFORTH TO BE FORMED WITH-
OUT LEAVE OF MUNICIPAL COMMISSIONERS.—No burial or burning ground,
whether public or private, shall be made or formed after the passing of this
Act, without permission, in writing, from the Municipal Commissioners ; and
whoever shall bury or burn, or cause, permit, or suffer to be buried or burned
any corpse in any burial or burning ground made or formed without such
license, shall be liable to a fine not exceeding fifty Rupees.
CXVIII. MUNICIPAL COMMISSIONERS MAY ORDER CERTAIN BURIAL OR BURN-
ING GROUNDS TO BE CLOSED.—If, upon the evidence of competent persons, it
shall appear to the Municipal Commissioners that any burial or burning
ground is in such a state or position as to be dangerous to the health of per-
sons living in the neighbourhood thereof, and also that a suitable place for
interment or burning, as the case may be, exists within a convenient distance
and is available, the Commissioners may, by notification to be affixed on some
conspicuous part of the ground, appoint a time, not being less than two
months, for the closing of such burial or burning ground ; and whoever, after
the time so appointed, buries or burns, or causes or permits to be buried or
burned, any corpse therein, shall be liable to a fine not exceeding fifty Rupees.
CXIX. BURIAL PLACES, &C., TO BE PROVIDED.—The Municipal Com-
missioners shall, from time to time, from the funds at their disposal and with
the sanction of the Governor in Council, provide fitting places to be used as
burial or burning grounds, for the use of the inhabitants of the Town.
CXXVI. Erection of new huts.—It shall not be lawful for any person
to erect within any Town any hut, or any range or block of huts, on any plot
or parcel of ground on which no huts are standing, without previous notice
to the Municipal Commissioners ; and the Municipal Commissioners may
require such hut or huts to be built, so that they may stand in regular lines
with a free passage or way in front of each line of such width as the Municipal
SECT. X.]
SANITARY REGULATIONS.
237
Commissioners may think proper for salutary ventilation, and to facilitate
scavengering, and at such a level as will admit of sufficient drainage. Any
huts which may be erected in contravention of this Section shall, after one
month's notice to the builder thereof to remove the same, be removed by the
direction of the Municipal Commissioners ; and the expense incurred in doing
so shall be paid by the person who caused the same to be built, and shall be
recoverable as a debt due to the Municipal Commissioners.
CXXVII. POWER AS TO EXISTING HUTS.—Whenever the Municipal Com-
missioners are satisfied from inspection, or by report of competent persons,
that any existing block of huts in any Town is, by reason of the manner in
which the huts are crowded together, or of want of drainage and the impracti-
cability of scavengering, attended with risk of disease to the inhabitants or
the neighbourhood, they may, with the sanction of the Government, cause a
notice to be fixed to some conspicuous part of such blocks of huts, requiring
the owners or occupiers thereof, or, at the option of the Municipal Commis-
sioners, the owner of the lands on which such huts are built, within a reason-
able time to be fixed by the Municipal Commissioners for that purpose, to
execute such works as the Municipal Commissioners, with such sanction as
aforesaid, may deem necessary for avoidance of such risk. And, in case such
owners or occupiers or the owner of the land shall refuse or neglect to execute
such works within the time appointed, the Municipal Commissioners may
cause the said huts to be taken down, or such works to be performed in
respect of such huts as the Municipal Commissioners may deem necessary to
prevent such risk. If such huts be pulled down, the Municipal Commis-
sioners shall cause the materials of each hut to be sold separately, if such sale
can be effected; and the proceeds shall be paid to the owner of the hut, or, if
the owner be unknown or the title be disputed, shall be held in deposit by
the Municipal Commissioners, until the person interested therein shall obtain
the order of a Court of competent jurisdiction for the payment of the same.
Provided that the Municipal Commissioners shall make reasonable compensa-
tion to all persons who shall suffer damage by any of the aforesaid works
executed under the direction of the Municipal Commissioners.
* * * *
CXXXI. POWER TO TRIM HEDGES AND TREES BORDERING ON ROADS.—The
Municipal Commissioners shall give notice, in writing, to the owner, if known
and within the limits of their jurisdiction, and also to occupier of any land,
to trim or prune any of the hedges thereof that may be planted along any
public road or street so that they may not exceed the height of six feet from
the level of the ground, and to cut and trim all trees, which, by overhanging
any public road or street, obstruct the passage or cause damage thereto. And,
in the event of such notice not being complied with within eight days from
238
SANITARY REGULATIONS.
[SECT. X.
the date thereof, the Municipal Commissioners may cause the said hedges and
trees to be cut and trimmed in the manner required ; and the expense incurred
by the Municipal Commissioners in respect thereof, shall be paid to them
by the owner or occupier of such land making default ; or may be recovered
from the sale of such loppings, or as a debt due to the Municipal Commis-
sioners.
CXXXII. POWER TO REMOVE NOXIOUS VEGETATION, &C.—Whenever any
lands or premises, being private property or within any private enclosure,
appear to the Municipal Commissioners to be, by reason of noxious vegeta-
tion, or want of drainage, in a state injurious to health, it shall be lawful for
the Commissioners to give notice, in writing, to the owner, if known and
within the limits of their jurisdiction, and also to the occupier of the
premises, to clear and remove such vegetation or to drain such premises ; and
if such owner or occupier do not, within one week after such notice, begin to
cut, clear, and remove such vegetation or to drain such land, and do not
complete such work with due diligence, the Commissioners, their Officers, and
workmen, may, after forty-eight hours' notice, enter into the said premises
and do all necessary acts for the purpose aforesaid as they shall think fit ;
and the expense incurred thereby shall be paid by the owner or occupier of
such premises, or shall be recoverable as a debt due to the Municipal Co
m-missioners.
*
*
*
*
*
CXXXIV. Powers of the Police.—It shall be lawful for any Police
Constable or Officer to arrest, without warrant, any person guilty of any offence
committed within his view against any provision of this Act, or any Bye-law
under this Act. Provided that it shall be lawful for any Police Officer,
under the general or special instructions of the Commissioners, to lay any
information before a Magistrate, and to apply for summons, warrant, search
warrant, or such other legal process as may by law issue and may be
expedient under the circumstances, against any person committing any offence
under this Act, and to prosecute such offenders up to final judgment.
CXXXV. DUTIES OF POLICE.—It shall be the duty of all Police Officers to
give immediate information to the Commissioners of any offence committed
contrary to the provisions of this Act.
CXLII. Power to make compensation out of the Municipal Fund
Fund, to any person sustaining any damage by reason of the exercise of any
of the Powers vested in the Commissioners, their Officers, or servants, under
this Act.