(34 of 1955), (19 of 1959).
Cleansing and cover- ing of offen- sive ditches, drains, etc.
10
the emission of dust from any building under construction or demolition in such a manner as to be a nuisance,
(2) Nothing in paragraph (c) of subsection (1) shall reader a person punishable in respect of any accumulation or deposit necessary for the effectual carrying on of a business or manufacture, if the court is satisfied that the accumulation or deposit has not been kept longer than is necessary for the purposes of the business or manufacture and that the best available means have been taken for preventing injury thereby to the public health.
(3) Nothing in subsection (1) shall be taken or construed to the prejudice of the provisions of the Factories and Industrial Undertakings Ordinance, 1955 or the Clean Air Ordinance, 1959,
13. (1) The Authority-
(a) may cleanse, drain, enclose, cover or fill up, or cause to be cleansed, drained, enclosed or covered or filled up, any pond. pool, open ditch, drain, watercourse, cesspool, well, or place containing or used for the collection of any drainage, filth, water, matter or thing of an offensive nature or likely to be prejudicial to health; or
(6) may cause notice to be served on the person causing, or likely to cause, any such nuisance or on the owner or occupier of any premises whereon any such nuisance exists requiring bim, within the time specified in the notice, to drain, cleans. enclose, cover or fill up the pond, pool, ditch, drain water- course, cesspool, well or place, as the case may be, or to construct a proper drain, ditch or other means for the dis charge of such filth, water, matter or thing, or to execute such other work as the case may require.
(2) If the person on whom a notice is served under the provisions: of subsection (1) fails to comply with any of the requirements thercof-
(a) such person shall be guilty of an offence; and
(6) the Authority may execute, or cause to be executed, such work as may be necessary for the abatement of the nuisance, and may recover any expenses thereby incurred from the owner of the premises:
Provided that the Authority may, where it thinks it reasonable, defray all or any part of such expenses.
(3) The owner or, in default of the owner, the occupier of any premises upon which there is any disused cesspool or well which has not been covered in a permanent manner or filled in shall, forthwith after the existence of such disused cesspool or well comes to his knowledge, give notice in writing thereof to the Authority.
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(4) If the owner or occupier, as the case may be, of any premises intends to cease to use any cesspool or well situated upon such premises, he shall forthwith give notice in writing of such inten- tion to the Authority.
(5) Any person who fails to comply with any of the provisions of subsection (3) or (4) shall be guilty of an offence;
Provided that in any proceedings against the owner or occupier, as the case may be, in respect of a failure to comply with the pro- visions of subsection (3), it shall be a defence to prove that-
(a) in the case of proceedings against the owner, such owner bad reasonable cause to believe that the occupier or a previous owner or occupier had given such notice; and
(b) in the case of proceedings against the occupier, such occupier had reasonable cause to believe that the owner or a previous owner or occupier had given such notice.
(6) Nothing in this section shall be taken or construed to the prejudice of the provisions of the Buildings Ordinance, 1955.
(68 of 1955),
14. (1) Where it appears to the Authority that limewashing, Power to cleansing or disinfecting of any premises or any part of any premises require lime- is necessary for the health of the inmates thereof or of persons. resort of premises. washing, etc, ing thereto, the Authority may cause a notice to be served upon the owner or occupier of such premises requiring him to timewash. cleanse or disinfect such premises or such part thereof, as the case may be, within such period as may be specified in the notice.
(2) If the person on whom a notice is served under the provisions of subsection (1) fails to comply with any of the require- ments thereof-
( such person shall be guilty of an offence; and
(b) the Authority may execute, or cause to be executed, such work as may be necessary to satisfy the requirements of such notice, and may recover any expenses thereby incurred from such person:
Provided that the Authority may, where it thinks it reasonable, defray all or any part of such expenses.
15. (1) The Authority may make regulations prescribing or Regulations providing for
as to cleans. ing and (a) the prevention of nuisances or danger to health arising from prevention
salt, effluvia, dust, ashes, rubbish, offal, fish or filth or other of nuisances, matter or thing in any public place or on any foreshore;
(6) the prevention or restriction of scavenging and of picking
over of refuse: