Section 105
Powers to make bylaws on sanitation and cleanliness
of Local Authorities Ordinance, 1996
A local authority may from time to time make, amend or revoke bylaws for the better carrying out of the provisions of this
Ordinance and in particular—
(a)
(i)
to establish, maintain and compel the use of any service for the removal or destruction of, or dealing with, night-soil, slops, rubbish, litter, dead animals and all kinds of waste, refuse and effluent and to require the owners or occupiers of any premises to effect such removal, destruction or dealing and to regulate and control the manner thereof;
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(ii)
to keep public places clean and free from filth, rubbish, litter or refuse and to prohibit the throwing, dropping or depositing of any filth, rubbish, litter, glass, tins or other containers, papers, dead animals, waste or flushing water or other refuse, liquid or solid, on or in any stream, channel or other water course, and prevent any such liquid from flowing into any such place, and to regulate or prohibit the bathing or washing of persons, animals or things in any such place;
(iii)
to prohibit, remove, abate and prevent the occurrence of nuisances:
Provided that in any case where it appears that a nuisance existing within the local authority area is wholly or partly caused by some act or default outside the local authority area, proceedings may be taken against any person in respect of such act or default in the same manner and with the same incidence and consequences as if the act or default were wholly within the local authority area;
(iv)
to secure the proper construction and maintenance of stables, goat-pens, cattle sheds, pigstyes and poultry houses, and to prevent the keeping of birds or animals on premises which are not constructed in accordance with the bylaws or are so constructed or situated that birds or animals if kept therein are likely to cause a nuisance, or pollution to any stream, river or water catchment area, and to prohibit the keeping of birds or animals on any premises which the Health Officer certifies to be so situated as to be unfit for the purpose;
(v)
to prohibit the feeding or grazing of any animals in any place other than those set apart for such purpose;
(b)
(i)
to preserve the public health;
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(ii)
to prevent the outbreak and spread of diseases, to declare what diseases are notifiable, and to provide for the compulsory removal of persons suffering from any such disease to suitable hospitals or places of isolation and their detention and treatment therein where, in the opinion of the Health Officer, such removal, detention and treatment are necessary either for the protection of the public health or by reason of the insufficiency or unsuitability of the patient’s lodging or accommodation;
(iii)
to regulate and enforce quarantine, the disinfection of persons, the disinfection of places and things, and to authorize the seizure and detention and to ensure the destruction, when in the opinion of the Health Officer such destruction is necessary, of articles which are infected or which have been exposed to infection, upon payment of compensation to the owner thereof, such amount to be settled by agreement or arbitration;
(iv)
to provide for penalties for failing to give on demand by the Health Officer any information or to produce any documentary or other evidence required by the Health Office for the purpose of tracing the source and preventing the spread of infection;
(v)
to require the closing of schools or trade premises which are suspected of being or are likely to become sources of infection, and to prohibit persons who are or are suspected of being or are likely to become infected from carrying on any trade or business or engaging in any occupation which may cause the spread of any disease;
(vi)
to require persons arriving in the local authority area from places infected, or suspected of being infected, with any notifiable disease, or by any vessel, aircraft or other means of conveyance so infected or suspected of being infected, to report to the Health Officer and to communicate to him such information as may be prescribed;
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(c)
(i)
to provide for the inspection and examination of any article of food or drink or of ice which is for sale or exposed for sale;
(ii)
to regulate, control, inspect and supervise the manufacture, preparation, storage, handling, transmission and conveyance of any article of food or drink or of ice which is for sale or exposed for sale;
(iii)
to prohibit the introduction into the local authority area, the possession, sale or offering for sale for the purpose of human consumption or the handling, other than for the purpose of destruction, of diseased animals, birds, meat or fish or of fruits, vegetables or other articles of food or drink which are unsound, unwholesome or otherwise unfit for human consumption;
(iv)
to authorize the seizure, inspection and examination and to ensure the destruction, when in the opinion of the Health
Officer such destruction is necessary, of any diseased animals, birds, meat or fish or of fruits, vegetables or other articles of food or drink which are unsound, unwholesome or otherwise unfit for human consumption;
(v)
to provide for the detention pending examination or inquiry of animals, birds or other articles of food or drink or of ice;
(d)
(i)
for regulating the control and use of markets and the buildings, shops, sheds, stalls, pens and any other erections therein and for preventing nuisances or obstructions therein or in the immediate approaches thereto;
(ii)
for providing standard weights, scales and measures for use in markets and for preventing the use therein of false or defective weights, scales or measures.
(iii)
for ensuring that markets are kept in a clean and proper state and that filth and refuse are removed therefrom;
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(iv)
for licensing or otherwise controlling persons selling or offering for sale any article whatsoever in markets;
(v)
for prescribing the fees to be paid for licences for operating markets and for offering articles for sale therein;
(vi)
for regulating the days upon and the hours during which markets may be held;
(vii)
for prohibiting the establishment of any market within a local authority area without the permission of the local authority and for prescribing the conditions and restrictions subject to which such permission may be granted;
(e)
to regulate the slaughtering of animals and to provide for the establishment, control, supervision and inspection of abattoirs within the local authority area and for—
(i)
the inspection of animals before being slaughtered and of their carcasses;
(ii)
the detention for observation and treatment of animals brought for slaughter and suspected of being diseased;
(iii)
the slaughtering of animals brought to be slaughtered which are diseased or by reason of emaciation or otherwise are in the opinion of the Health Officer unfit for human consumption;
(iv)
the disposal of the carcasses of diseased animals;
(v)
the marking of the carcasses of animals slaughtered in abattoirs to denote that such animals have been so slaughtered;
(vi)
the prohibition of the slaughtering of animals within the limits of the local authority area otherwise than in an authorized abattoir or place;
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(vii)
the prohibition, except with a permit granted by the local authority, of the introduction into the local authority area for human consumption of the meat of any animal slaughtered outside the local authority area;
(viii)
the entry by any authorized officer of the local authority by day or night into any premises in which he has reason to believe that any animal is likely to be, is being or has been slaughtered in contravention of any bylaws;
(f)
to regulate, inspect, supervise and license temporary buildings, stalls, tables, showboards, barrows, carts, tricycles and other receptacles and to seize, destroy or dispose of the same when not so licensed;
(g)
to regulate, supervise and license pedlars, hawkers and street traders and to prescribe streets or areas in which peddling, hawking or street trading shall be prohibited;
(h)
to regulate and control the use of public baths, wash-houses, laundries and places for washing clothes, established by the local authority;
(i)
to regulate, inspect and license swimming places and bathing establishments and to prohibit or regulate bathing in any open water in the local authority area;
(j)
to regulate, inspect and license the use of public lavatories, closets, urinals and subways;
(k)
to regulate the types and specifications of temporary sanitary conveniences to be used or installed on any site or premises where construction or building works are undertaken and in progress, and the type, condition or standard of accommodation for workers and employees staying, occupying or temporarily residing on such site or premises;
(l)
to prescribe conditions for the conveyance of animals, birds or fish, whether dead or alive, and of meat, vegetables or fruits in any street or public place;
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(m)
to prohibit or regulate any method of cultivation, the use of any kind of manure or fertilizer or any method of irrigation which in the opinion of the local authority is offensive or injurious to health;
(n)
to prohibit, regulate, inspect, supervise and license the keeping of, and to seize, destroy and dispose of, animals, birds or fish within the local authority area; and
(o)
to provide for and to regulate the exercise of the powers, authority and functions of officers and employees of a local authority, to investigate or arrest any person suspected of committing any offence against any bylaws or regulations made under this Ordinance, and to seize, detain or arrest anything, equipment, tool, vehicle or vessel suspected to have been used in the commission of such offence, and to deal with sell or otherwise dispose of such thing, equipment tool, vehicle or vessel, upon the seizure or detention thereof.