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Section 99

The Puducherry (Public) Health Act, 1973Union territory Act of Puducherry · Act 5 of 1974

(1) Subject to the provisions of this Act and the rules framed thereunder, the local authority shall arrange for detection, inspection, allotment and removal of nuisance.

(2) Every owner, lessee or occupier of the premises or other persons responsible for the causation of nuisances shall forthwith comply with the directions given by the local authority, failing which the local authority shall take remedial actions and realise 70 expenses incurred from the owner, lessee, occupier or persons concerned and may in addition prosecute the offenders.

(3) A local authority may take the remedial measures including closure of any cattle shed, stable, khatal, offensive trade from within or the vicinity of a residential area.

Information regarding nuisance

100. 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.

Power to Health Officer to abate nuisance

101. If the Health Officer is satisfied, whether upon information given under section 100 or otherwise of the existence of a nuisance, he may, by notice require the person by whose act, default or sufferance 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 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.

Restrictions on the use of buildings

102. No person shall use or permit the use, except under permission from the local authority, any premises, building or structure for the purpose of any trade, industry or manufacture or for any other purpose which is dangerous or likely to be dangerous to health or to cause nuisance.

Notification of offensive trade

103. A local authority may, by public notice, and in such manner as may be prescribed specify the offensive trades which, in its opinion, are or are likely to be dangerous to life or health and to which the provisions of section 102 shall apply:

Provided that no notice under this section shall take effect before the expiry of sixty days from the date of publication of the notice or, except with the previous sanction of the Government, in any place outside the limits of the local area.

71 Licensing of offensive trade

Where this provision sits

ActThe Puducherry (Public) Health Act, 1973
Section99
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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