Any person aggrieved by a nuisance in any local area may give information of the same to the Health Officer or any other officer of the public health establishment of the local authority.
42. Power of Health Officer to abate nuisance— If the Health Officer 1s satisfied, whether upon information given under Section 41 or otherwise, of the existence of a nuisance, he may, by notice, require the person by whose act, default or sufference the nuisance arises or continues or if that person cannot be found, the owner or occupier of the premises on which the nuisance arises or continues, to abate the nuisance and to execute such works and take such steps as may be necessary for that purpose:
Provided that—
(a) where the nuisance arises from any defect of a structural character, the notice shall be served on the owner of the premises; and
(b) where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufference 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.
43 Power of local authority to abate nuisance.—If the person on whom a notice to abate a nuisance has been served under Section 42 makes default in complymg with any of its requirements within the time specified therem, or if the nuisance although abated within such time is, in the opinion of the local authority, likely to recur on the same premises, the local authority, may arrange for the execution of any works necessary to abate the nuisance or to prevent its recurrance, as the case may be, and may recover the cost from such person as if it were a tax due to the local authority.
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