The municipality may make regulations consistent with this Act regulating the use of, and the prevention of nuisance in regard to bathing and washing places, streams, channels, tanks and wells and water supply from these sources.
353. Control of pollution- Subject to the provisions of any law relating to air, water or noise pollution, for the time being in force and in accordance with any notification by the State Government in that behalf, the municipality may function as a competent authority for the enforcement of such law.
354. Power to require wells, tanks, etc., to be rendered safe.
(1) Where in any municipal area, any well, tank, reservoir, pool, depression or excavation, or any bank or tree is, in the opinion of the Municipal Commissioner or the Executive Officer, in a ruinous state for want of sufficient repairs, protection or enclosure and is a nuisance or is dangerous to passersby, the Municipal Commissioner or the Executive Officer may, by notice, in writing, require the owner or any other person claiming to be the owner thereof, or failing any of them, the occupier thereof, to repair, protect or enclose it in such manner as he thinks necessary, and if, in the opinion of the Municipal Commissioner or the Executive Officer, the danger is imminent, he shall forthwith take such steps as he thinks necessary to avert such danger.
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(2) The Municipal Commissioner or the Executive Officer may also, if it appears to him to be necessary so to do, cause a proper hoarding or fence or other means of protection to be put at the cost of the owner or occupier of such land for safety of the public.
(3) Any person who fails to comply with a requisition issued by the Municipal Commissioner or the Executive Officer under sub-sections (1) or (2) shall be liable to a fine not exceeding five thousand rupees, and to a further fine not exceeding two hundred rupees for every day during which the default is continued after expiration of eight days from the date of service on him of such requisition.
355. Quarrying, blasting, cutting timber or building operations- No person shall quarry, blast, cut timber, or carry on building operations in such manner as to cause, or likely to cause danger to persons passing by, or dwelling or working, in the neighbourhood.
356. Power to stop improper use of land or building- If, within any municipal area, any land or building, by reason of its being abandoned or unoccupied-
(a) is in a filthy or unwholesome state, or
(b) has become a resort of –
(i) idle and disorderly persons, or
(ii) persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves, or
(c) is used for gambling or immoral purposes, or
(d) is likely to cause a nuisance, the Municipal Commissioner or the Executive Officer may, after due enquiry, by notice, in writing, require the owner or any person claiming to be the owner of such land or building, or the lessee, or any person claiming to be the lessee, thereof to -
(a) secure, enclose, cleanse or clear such land or building, or
(b) stop use of such land or building for gambling or immoral purposes, or
(c) abate the nuisance, within such time as may be specified in the notice, and shall affix a copy of such notice on the door of the building or on some conspicuous part of the land, as the case may be.
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357. Polluters to pay- The municipality may, by regulation, provide for recovery of charges and imposition of penalty on those persons who are directly responsible for causing pollution of any kind referred to in this chapter.
Chapter 33 Restraint of Infection
358. Power to require improvement of drainage of land –
(1) Whenever, it appears to the Municipal Commissioner or the Executive Officer that any land is not drained to his satisfaction, the Municipal Commissioner or the Executive Officer may require the owner within ten days to drain the said land into such drain or outlet.
(2) If it appears to the Municipal Commissioner or the Executive Officer that any land for want of drainage is in a state injurious to health or offensive to the neighbourhood, the Municipal Commissioner or the Executive Officer may require the owner or occupier, or both within fifteen days to drain such land.
(3) If for the purposes of effecting any drainage under this section, it is, in the opinion of the Municipal Commissioner or the Executive Officer, necessary to acquire any land, not being the property of the person who is required to drain his land or to pay compensation to any other person, the Municipal Commissioner or the Executive Officer shall provide such land and pay such compensation. The Municipal Commissioner or the Executive Officer shall acquire and provide such land at the cost of the owner and pay such compensation as may be determined and realise the same from the owner.