THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

430. Secretary to act in default.— Where any person fails to comply with a requisitionmade by the Secretary under sections 426, or section 427, or section 428 or section 429, theSecretary may, without prejudice to any other action that may be taken against such person,cause the act or the work mentioned in that section to be done and the expenses incurredthereby may be recovered from such person in such manner as arrears of property tax underthis Act.CONTROL OVER INSANITARY BUILDINGS431. Lime-washing and cleansing of buildings.— Where it appears to the Secretary,that it is necessary for sanitary purposes so to do, he may, by notice, require the owner oroccupier of any building to lime-wash or otherwise cleanse the building inside and outside in themanner and within such time as may be specified in the notice.432. Further powers with reference to insanitary buildings.— (1) Where theSecretary considers that-(a) any building or portion thereof is, by reason of its having no plinth, or having a plinthof insufficient height, or by reason of the want of proper drainage or ventilation or by reasonof impracticability of cleansing, attended with danger of disease to the occupiers thereof or tothe inhabitants of the neighbourhood, or is, for any reason, likely to endanger the public healthor safety; or(b) a block or group of buildings is, for any of the said reasons, or by reason of themanner in which the buildings are crowded together, attended with such risk as aforesaid,he may, by notice, require the owners or occupiers of such buildings or portions thereof or, at hisoption, the owners of the land occupied by such buildings or portions thereof to execute such workor to take such measures as he may deem necessary for the prevention of such danger.(2) No person shall be entitled to compensation for damage sustained by reason of anyaction taken under or in pursuance of this section, save where a building is demolished inpursuance of an order made hereunder, or so far demolished as to require reconstruction, inwhich case the Municipality shall pay compensation to the owner thereof.(3) Where any building is entirely demolished under sub-section (2) and the demolitionthereof adds to the value of other buildings or property in the immediate vicinity, the owners of suchother buildings or property shall be bound to contribute towards compensation payable to the owner ofthe building so demolished in proportion to the increased value accrued by their own building orproperty, as the case may be.(4) Where any building is so far demolished under sub-section (2) as to requirereconstruction, allowance shall be made in determining the compensation for tbe benefit accruing to thepremises from the improvement thereof.433. Buildings unfit for human habitation.— (1) Where any building or portion thereofintended for use as a dwelling place appears to the Secretary to be unfit for human habitation, hemay by order prohibit -(subsequent use] of such structure for such purpose after giving theowner or occupier of the structure a reasonable opportunity of showing cause why such ordershould not be made.(2) Where a prohibitory order has been issued under sub section (1), the Secretaryshall communicate the same to the owner or occupier of the structure and no owner oroccupier of such structure shall use or allow to be used for human habitation until the Secretarycertifies in writing that the causes rendering it unfit for human habitation have been removedto his satisfaction.(3) Where a prohibitory order issued under sub section (1) has remained in operationfor one month, the Secretary shall report the case to the Council, which shall, thereupon,