MADHYA PRADESH GRAM PANCHAYAT
(SANITATION, CONSERVANCY AND PREVENTION AND ABATEMENT OF NUISANCE)
RULES, 1999[1] In exercise of the powers conferred by
sub-section (1) of Section 95 read with Clause (3) and Clause (7) of Section 54
and Clause (1) of Section 49 at the Madhya Pradesh Panchayat Raj Adhiniyam,
1993 (No. 1 of 1994), the State Government hereby makes the following rules,
the same having been previously published as required by sub-section (3) of at
Section 95 of the said Act, namely : CHAPTER I
PRELIMINARY These rules may be called the Madhya Pradesh
Gram Panchayat (Sanitation, Conservancy and Prevention and Abatement of
Nuisance) Rules, 1999. CHAPTER II
DEFINITIONS In these rules, unless the context otherwise
requires, (a)
"Act"
means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994): (b)
"Abadi"
means an abadi area as defined under Section 2 (a) of the Madhya Pradesh Land
Revenue Code, 1959; (c)
"Gram
Panchayat" means a Gram Panchayat constituted under Section 10 of the Act; (d)
"Nuisance"
includes any act, omission, place or thing which causes or likely to cause
injury, danger, annoyance or offences to the sense of sight, smell or hearing
or disturbance to rest or sleep of community or which may be dangerous to life
or injurious to the health or property or offends against the public morality; (e)
"Offensive
Matter" includes carcass, cow-dung, dirt sewage, putrid substances or
filth of contaminated; (f)
"Gram
Panchayat Area" means a territorial area of any Gram Panchayat constituted
under the Act. CHAPTER III
SANITATION, CONSERVANCY AND PREVENTION AND ABATEMENT OF NUISANCE No person shall deposit any refuse, dust,
ashes from any garden, kitchen or stable or filth of any kind whatever on a
street, road or in any place other than the place or places reserved by the
Gram Panchayat for the purpose. No person shall allow sullage, urine, night
soil or water from any sink or sewer to flow on to any street or in such manner
as to cause nuisance or danger to public health. If no pucca drains have been
constructed by the Gram Panchayat the resident will construct soakage pits of
their own. No person shall construct any new privy,
latrine, or septic tank without the permission of the Gram Panchayat, if
sufficient number of public latrines have been constructed by the Gram
Panchayat the residents of the village will be required to use them. No person shall slaughter any animal, clean
any carcass or hide, assure nature's call or cause a child to do so, or bathe
or clean his body on or within sight of a public street so as to cause nuisance
to the public, the neighboring residents or the passers-by. No person shall bath, wash clothes or
utensils in any tank, river, or well except at the place specifically
demarcated for the purpose. No person suffering from any contagious
disease shall be allowed to draw water from public well. (1)
The
Gram Panchayat shall set apart places for the deposit or storage of any manure,
refuse or any other offensive matter. (2)
No
person shall deposit or store any manure, refuses or other offensive matter in
a public place except at a place set apart for the purpose. (3)
No
person shall throw, put or cause or allow to be thrown or put any manure,
refuse or any offensive matter into any sewer, drain, open gutter or water
course. (1)
If
the Gram Panchayat is satisfied that the deposit or storage of manure, refuse
or other offensive matter in any private place is prejudicial to public health,
comfort or convenience it may by notice in writing require the owner or
occupier to remove the same to a place set apart for the purpose under Rule 9
within the period specified in the notice. (2)
If
the owner or occupier fails to comply with the notice, the Gram Panchayat shall
remove the manure, refuse or other offensive matter to the places set apart
under Rule 9 and recover the cost thereof from the owner or the occupier, as
the case may be, as an arrear of tax levied under the Act. (3)
Besides,
the owner or the occupier shall on conviction be punished with fine which may
extend to Rupees two hundred fifty and further fine which may extend to Rupees
five for every day after the date of first conviction of the offence. CHAPTER IV
POWERS REGARDING NUISANCE The Gram Panchayat shall as far as possible,
make the arrangement to search, inspect, abate and remove the nuisance. The Gram Panchayat, on obtaining information
regarding existence of any nuisance in any area, shall get the case
investigated and if it appears that nuisance is wholly or partly caused by the
owner, lessee or occupier of that premises or by any act or default of any
person or persons outside that premises, shall require the owner, lessee of the
premises, or the person or persons responsible for causing that nuisance to
take such measures as specified in the notice. Every owner, lessee, or occupier of the
premises or other person who is responsible for causing nuisance shall
immediately comply with the directions of the notice and upon failing to comply
with the same the Gram Panchayat without prejudice to the liability of penalty
to the imposed under the rules framed under the Act shall take such action as
it may consider necessary to limit, abate or remove it and the cost incurred
shall be recovered from the owner, lessee, occupier or concerned person or
persons as an arrear of tax. If any house, building, shade or structure or
any factory, workshed, working place or workshop or trading place is in such a
condition that nuisance cannot be abated or it cannot be removed without
structural alteration, re-construction or without demolishing of such
house, building, shed or structure, the Gram Panchayat may direct such
owner, lessee or occupier to alter or re-construct in the manner specified in
the direction or demolish that house, building, shed or structure within the
period specified in it and upon tailing to comply the same the Gram Panchayat
without prejudice to the liability or penalty to be imposed under the Act, may
after giving due notice prohibit the use of or demolish that house, building,
shed or structures and shall recover the cost from that party in the manner
determined by it and no compensation shall be paid by the Gram Panchayat for
such prohibition, improvement of demolition. (1)
Whoever
deposits dust, sewer, animal dung, ashes or fuel, dust or kitchen or stable, or
any type of soilage or carcasses or animals or broken glasses or earthen pots
or other refuse or any article which is nuisance or may be nuisance, or allows
it to be deposited by any member of his family, at the place and time other
than fixed by the Panchayat at any street or in the curve below the street or
in any drain on the side of the street or at any open place or at any side of
river, water course, or nulla, or whoever causes nuisance or allows to cause
nuisance by any member of his family at any of the places as aforesaid shall be
punished with fine which may extend to rupees two hundred fifty. (2)
Whoever
throws or puts any matter provided in sub-rule (1) in any sewer, drain,
culvert, tunnel, dirty drain, water course or gets thrown or put or allows to
be thrown or put and whoever causes nuisance or allows any member of his family
to cause nuisance by throwing or putting any matter in any sewer, drain,
culvert, tunnel, dirty drain or water course or exactly on or very near to it
so that it becomes polluted, shall on conviction be punished with fine which
may extend to rupees two hundred fifty. Whenever it appears necessary to the Gram
Panchayat to prevent danger causing harm to lite or property, if may, by
written public notice to prohibit all persons to heap or collect grass, cotton
woods or any other inflammable matter or making mates or huts of grass or
putting fire at any place or within any of its boundary specified in the
notice. Whoever, being the owner of building or land,
keeps or allows to keep latrines, animals dung, bones, ashes, refuse or any
injurious or offensive matter in such building or on such land for more than
twenty-four hours or otherwise in any proper receptacle, or allows to keep such
receptacle in noxious conditions or neglects to clean or wash by-using proper
measure or keeps or allows to keep carcass of any animal in such building or on
such land which causes nuisance shall be punished with fine which may extend to
rupees two hundred fifty and in case the offence continues, with further fine
which may extend to rupees five for every day for which the offence continues
after the date of first conviction of offence. (1)
The
Gram Panchayat shall fix such working hours within which it shall be lawful to
remove latrines or any other offensive matter. (2)
Whoever
: (a)
when
the Gram Panchayat has fixed such hours of cleansing and its public notice has
been given by beat of drums, removes or allows to remove any offensive matter
by passing through any street except within the hours so fixed; or (b)
at
any time, whether such hours have been fixed by Gram Panchayat or not, (i)
shall
use any cart, vehicle, receptacle or pot, for any such purpose, on which there
is no proper cover to stop flowing out its contents and its smell, or (ii)
knowingly
or neglectfully drop or spread such offensive matter while removing it, or . (iii)
shall
not carefully sweep and clean every such place at which any offensive matter
have fallen or spread over, or (iv)
shall
keep or install, at any public place, any pot filled by offensive matter, or (v)
shall
derive or allow to derive, or carry any cart or vehicle, or any receptacles or
pot by passing through such street or route fixed to be used by public notice
by the Gram Panchayat from time to time, shall be punished with fine which may extend
to rupees two hundred fifty only. (1)
Whoever,
whether owner or occupier of any building or land, whether it is rentable or
not, keeps it in obnoxious or unhealthy condition or in such condition which is
in the opinion of the Gram Panchayat causes nuisance to persons residing in
neighbourhood or allows to keep growing prickly pears or highly noxious or
obnoxious vegetation and who is required, after being given written notice by
the Gram Panchayat, to keep tidy such building or land or to clean that
building or land by cutting down such prickly pears or vegetation of highly bad
or foul smell or otherwise keeping in proper condition does not fulfill the
requirements shall be punished with fine which may extend to rupees two hundred
fifty and in case continuously fails to comply with the said notice shall be
punished with fine which may extend to rupees five for every day for which the
default continues after the date of first conviction of offence. (2)
When
any building, (a)
becomes
a place of intercourse resort of lazy and riotous person or persons who have no
visible sources of livelihood or who cannot give satisfactory details regarding
their own; or (b)
is
being used for any unhealthy or unnatural purpose; or (c)
gives
shelter to snakes, rats or other dangerous animals, due to ruinous state,
neglected, discarded or remained non-use or due to disputed ownership or
remained vacant and for reasons aforesaid it is so objectionable that it is a
nuisance or so unhealthy or bad looking that it is disgraceful, inconvenient or
troublesome for neighbours or persons passing through near that building, the
Gram Panchayat, if it considers that such objection cannot otherwise be removed
under any provision of these rules, it may require such known person or persons
who claim to be the owners of that building and residing within the limits of
the Gram Panchayat, by giving direction through written notice or in any other
case by affixing written notice on the door or at any other conspicuous part of
the building directing all persons to demolish that building and remove its
material within the period specified in the notice which shall not be less than
seven days from the date of notice. In case of non-compliance of such
requirements, the Gram Panchayat may, on the expiry of the aforesaid specified
period, get the building demolished, its material removed and sold and from the
revenue thereof it may make payment of expenses incurred by it in doing so. All
expenses which could not be met out by it shall be recovered in the same manner
in which the amount due on account of any recoverable tax. (3)
If
in the opinion of the Gram Panchayat, it is necessary to cover the land or
building in question, it shall give notice according to procedure prescribed in
sub-rule (2) for putting coverage around it. In the case of non-compliance of
such requirements, the Gram Panchayat may put the fencing/coverage around it on
the expiry of the specified period and the expenses may be recovered from the
concerned persons as an arrear of tax. The Gram Panchayat will provide public
dustbins or other suitable receptacles at proper intervals and at reasonable
and suitable places and give direction by public notice that all sweeping dust
of any house or premises and all refuse dust or offensive matter to be
collected therefrom shall be collected by the occupier of the house or premises
and shall be put into such public dustbins. The Gram Panchayat shall arrange to provide
for sweeping on streets and arrange to remove, refuse, latrines and other
matter and cleansing of drains of street sides, under its control. The Gram Panchayat may arrange to provide for
throwing or heaping or refuse and offensive matter on low level lands without
causing nuisance to persons of that locality or without causing any hurt to
their health, or on lands at distance from inhabited areas, or dispose them in
a satisfactory manner by making their compost manure by burning them or by
scientific method. Whoever collects or uses, latrine or other
manure or such matter which causes obnoxious smell, without written permission
of the Gram Panchayat or otherwise not in accordance with the conditions of
such permission shall be punished with fine which may extend to rupees two
hundred fifty. (1)
The
Gram Panchayat may provide places for public bath or swimming pools along with
the sheds, rooms and other facilities and their maintenance. (2)
The
Gram Panchayat may fix charges for the use of sheds, pools or other facilities
at any place for baths which were provided by the Gram Panchayat. (3)
The
Gram Panchayat may order to close any place of bathing under its control or
permitted by it which in its opinion is not safe for the use or which is
possibly endangering life or health of bath-takers or people in general. The Gram Panchayat may keep such sufficient
public places which are not private property, separately for the purpose of
using as bathing places and also provide for ponds or water flow sufficient
number for taking baths by residents or keep them separates and also keep ponds,
pools or water flows separate for giving baths to animals or washing clothes
and for all purposes concerning health sanitation and their convenience and may
prohibit the use of any or all other public places within the limits of Gram
Panchayat for any of the purposes mentioned in this rule. (1)
The
Gram Panchayat may, by public notice, prohibit that the washer men shall wash
clothes for running their livelihood at such places which are fixed for this purpose
by the Panchayat and not otherwise and whenever it is so prohibited any person
whose livelihood is of a washer man shall not wash clothes at the place which
is not fixed by the Gram Panchayat for this purpose except the clothes of his
own or of owner or occupier of such place. (2)
The
Gram Panchayat may provide suitable places for washing clothes by washer men
for running their livelihood and for the use of such place may require the
payment, from them, of fee which may be determined, from time to time, by the
Gram Panchayat. (3)
Before
issuing any public notice under sub-rule (1), the Gram Panchayat shall publish
a list of such places proposed for washing clothes provided under sub-rule (2)
in such manner which in its opinion sufficient for information of all those
persons likely to be affected thereby and with it a notice shall also be
published in which the date shall also be specified on or before which the said
list shall be considered and before giving final decision of said places, any
objection or suggestion given in writing by any person before the date so
specified will be considered. Whoever takes bath in any river, tank, pond,
pool, well, tub, tap or water flow, bridge of Gram Panchayat in contravention
of any order or any of the bye-laws of the Gram Panchayat or washes or allows
to wash any animal or article in it or throws, keeps or puts or allows entry of
any animal or any other articles, or floats, takes out or brings or allows
floating, taking out, or allows to bring any article which is nuisance or may
be nuisance, or does any act which makes the water foul or polluted water up to
a certain degree and whoever dips any animal, vegetable or mineral matter into
any pond, river or ditch situated in its limits or on its limit without
permission of the Gram Panchayat making the water of such pond, river or ditch
offensive or there is possibility of becoming nuisance, shall be punished with
fine which may extend to rupees two hundred fifty. (1)
If
in the opinion of the Gram Panchayat, there is a place of breeding of
mosquitoes, or nuisance from any other point of view or otherwise injurious or
possibility of being injurious for the health of inhabitants at (a)
any
pool, ditch, mine, hole, pond, well, drain, water flow, or any water
collection, or (b)
any
tub or other receptacle of water whether it is within or outside that building,
or (c)
any
land on which water is collected and which is situated within a distance of 100
metres from any building to be used as residential house, the Gram
Panchayat may, by a written notice, require from its owner that he must fill
it, cover it or drain out in such a manner and with such material as Gram
Panchayat may prescribe, or make such measure, as may be prescribed, for
removal of nuisance or is abatement. (2)
(a)
No new well, pond, pool, tub or floura shall be dug nor constructed for
drinking water without prior written information to the Gram Panchayat. (b) If any of the construction is started or
completed without such information to the Gram Panchayat, it may, either, (i)
require
that owner or other person, who has done such work that he must fill such work
or demolish it in such manner as the Gram Panchayat may direct, or (ii)
permit
such construction to remain but such permission will not allow any exemption in
any action to be taken against such owner for contravention of any provision of
Clause (a) of this sub-rule. (1)
The
Gram Panchayat may, by public notice, require that every dog while in streets
and not being led by some person shall be muzzled in such a way so as to allow
the dog freely to breathe and drink, while actually preventing him from biting. (2)
The
Gram Panchayat may take possession of any dog found wandering unmuzzled in any
public place and may either detain such dog until its owner has claimed it and
provided a proper muzzle for it and has paid all the expenses of its detention
or cause it to be destroyed. (3)
A
dog which has been detained under aforesaid sub-rule is wearing a collar with
owner's name and address thereon, such dog shall not be destroyed until a
letter stating the fact that it has been so detained has been sent to the said
address and the dog has remained unclaimed for three clear days : Provided that any dog which is found to be
rabid may be destroyed at any time. (4)
Any
unclaimed dog and a dog, the owner of which refuses to pay all the expenses of
its detention, may be sold or destroyed, after having detained for the said
period of three clear days. (5)
All
expenses incurred by the Gram Panchayat under this rule may be recovered from
the owner of the dog which has been taken possession of or detained, in the
manner provided for the recovery of taxes under the Act. (1)
If
it appears at any time to the Gram Panchayat that keeping of pigs within its
limits is nuisance or full of annoyance, it may, by public notice, direct that
no person shall keep any pig without its written permission or otherwise which
is not in accordance with the terms of such permission. (2)
Whoever
after such direction, keeps any pig at any place within the area of the Gram
Panchayat without the required permission as aforesaid or keeping of which is
otherwise not in accordance with its terms, he shall be punished with fine
which may extend to rupees two hundred fifty only. (3)
Any
pig found wandering stray may be destroyed immediately and its carcass shall be
disposed of in such a way as the Gram Panchayat may direct. No claim of
compensation for destroying any pig in this way shall be admissible. Whoever so binds any cattle or other animal
at any public street or place or allows any member of his family to bind them
in such a way so that obstruction is created thereat in the public traffic, or
such traffic becomes dangerous or it causes nuisance or allows such animals
without keeper wandering stray or leave wandering stray, shall be punished, on
conviction, (a)
of
first offence with fine which may extend to rupees two hundred fifty, (b)
of
any subsequent offence with fine which may extend to rupees five. Whoever feeds any matter with refuse, dust of
stable, rubbish or other obnoxious matter to any animal kept for the purpose of
dairy industry or allows to feed or eat such matter shall be punished with fine
which may extend to rupees two hundred fifty. Whoever flies kite, plays fire arm or throws
or plays fire arm or crackers, aero-candles so that it causes or makes
possibility of being caused the danger or annoyance to persons passing nearby
or to persons working or residing thereat, or causing possibility of damage to
the property, shall be punished with fine which may extend to rupees
twenty-five. Whoever spits on any place other than any
drain or pot placed by the Gram Panchayat for spitting purposes shall be
punished with fine which may extend to rupees two hundred twenty-five. All rules corresponding to these rules are in
force immediately before the commencement of these rules shall stand repealed : Provided that any thing done or action taken
under the rules so repealed shall be deemed to have been done or taken under
these rules until it is inconsistent with the provisions of these rules. [1] vide Notification No.
F-1-22-98-XXII-P-2, dated 5-3-1999. Published in the M.P. Rajpatra (Asadharan),
dated 5-3-1999 at p. 240 (6).MADHYA
PRADESH GRAM PANCHAYAT (SANITATION, CONSERVANCY AND PREVENTION AND
ABATEMENT OF NUISANCE) RULES, 1999
PREAMBLE