THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

416. Prohibition of construction of wells, tanks, etc., without the permission ofthe Secretary.— (1) No new well, tank, pond, cistern, fountain or the like shall be dug orconstructed without the permission of the Secretary.(2) The Secretary may grant permission subject to such conditions as he may deemnecessary, or may, for reasons to be recorded in writing, refuse it.(3) Where any such work is begun or completed without such permission, the Secretarymay either-(a) by notice, require the owner or other person who has done such work to fill up ordemolish such work in such manner as the Secretary directs; or(b) grant permission to retain such work:Provided that such permission shall not exempt such owner from being proceeded againstfor contravening the provisions of sub-section (1).417. Filling in pools, etc., which are sources of nuisance.— (1) Where, in theopinion of the Secretary-(a) any pool, ditch, tank, well, pond, bog, swamp, quarry, hole, drain, cess pool, watercourseor any collection of water; or(b) any land on which water may at any time accumulate,is likely to become a breeding place of mosquitoes or in other respect a source of nuisance,the Secretary may, by notice, require the owner or person having control thereof to fill in, cover over,demolish, weed and stock with larvicidal fish, petrolize, drain-off the same in such manner and withsuch materials as the Secretary directs and or make such order for removing or abating the nuisance.(2) Where a person on whom a requisition is made under sub-section (1) to fill in, cover over, ordrain of a well, delivers to the Secretary, within the time specified for compliance therewith, writtenobjections to such requisition, the Secretary shall report such objections to the Council, and shall makefurther inquiry in to the case, and he shall not institute any prosecution for failure to comply with suchrequisition except with the approval of the Council, but the Secretary may, nevertheless, if he deems theexecution of the work called for by such requisition to be of urgent nature proceed in accordance withsection 533 and pending the Council's disposal of the question whether the said well shall bepermanently filled in, covered over or otherwise dealt with, may cause such well to be securelycovered over so as to prevent the ingress of mosquitoes, and in every such case the Secretary shalldetermine with the approval of the Council whether the expenses of any work already done as aforesaidshall be paid by such owner or by the Secretary out of the municipal fund or shall be shared and if so, inwhat proportion.418. Regulation or prohibition of certain kinds of cultivations.— A Municipalitymay, on a report of the Director of Health Services, the health officer of the Municipality or thelocal medical officer appointed by the Government that the cultivation of any description of cropor the use of any kind of manure or the irrigation of any land in any place within the municipalarea is in injurious to the public health, with the previous sanction of the Government, by publicnotice, regulate or prohibit the cultivation, the use of manure or irrigation of reported to beinjurious:Provided that where such cultivation or irrigation has been practised during the five yearspreceding the date of such public notice with such continuity as the ordinary course of husbandryadmits of, compensation shall be paid from the municipal fund to all persons affected for any damagecaused to them by absolute prohibition.