- (1) Whoever, being the owner
or occupier of any building or land, allows the same to be in a
filthy and unwholesome state, or to be, in the opinion of the
Municipality, a nuisance to persons residing in the neighborhood,
or to be overgrown with prickly-pear or rank and noisome
vegetation and does not, within a reasonable time after notice in
writing by the Municipality to cleanse, clear or otherwise put the
same in a proper state, comply with the requisition contained in
such notice, shall be punished with fine which shall not be less
than one thousand rupees but which may extend to two thousand
rupees and with further fine which shall not be less than fifty
rupees but which may extend to one hundred rupees for every day
on which the failure to comply with the said notice is continued
after the date of the first conviction.
(2) Should the state of the building be such as in the
judgment of the Municipality to render it unfit for human
habitation, it may further by written notice prohibit the using
thereof for that purpose until it is so rendered fit.
(3) If any building, by reason of dilapidation, neglect,
abandonment or disuse or of its remaining untenanted and thereby—
(a) becoming a resort of idle and disorderly persons
or of persons who have no ostensible means of
subsistence or who cannot give a satisfactory
account of themselves; or
(b) coming into use for any unsanitary or immoral
purposes; or
(c) affording a shelter to snakes, rats or other
dangerous or offensive animals,
is open to the objection that it is a nuisance or so unwholesome or
unsightly as to be a source of discomfort, inconvenience or
annoyance to the neighborhood or to persons passing by such
building, the Municipality, if it considers that such objection
cannot, under any other provision of this Act, be otherwise
removed, may, if there is any person known or resident within the
Municipality who claims to be the owner of such building by
written notice directed to such person or in any other cases, by
written notice fixed on the outer door or any other conspicuous
part of the building, require all persons interested therein to take
within a period mentioned in the notice such steps with respect to
the building as may be specified in the notice.
(4) In the event of non-compliance with the requirements
of the notice within the period mentioned therein, the Municipality
may cause such order as it may be specified in the notice to be
taken with the building in question at the cost of the owner or
persons interested therein and shall, if the building is taken down,
cause all the material thereof to be removed and sold forthwith.
(5) In case the materials of a building are sold, the sale
proceeds shall be applied in the first instance towards defraying
any expenses incurred by the Municipality in taking down the
building and in the removal and sale of the materials thereof and
all such expenses not thereby defrayed shall be recoverable in
same manner as an amount claimed on account of any tax
recoverable under this Act:
Provided that if there shall remain any surplus amount
after defraying such expenses, the same shall be payable on
application made within six months from the date of sale, to the
owner or persons interested.
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