Section 12 in The Himachal Pradesh Panchayati Raj Act, 1994
12. Power of removal of encroachments and nuisance.
(1)A Gram Panchayat, on receiving a report or other information and on taking such evidence, if any, as it thinks fit, may make a conditional order requiring, within a time to be fixed in the order -(a)The owner or the occupier of any building or land -(i)to remove any encroachment on a public street, place or drain;(ii)to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water closet, drain, cesspool or other receptacle for filth, sullage-water, rubbish or refuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water closet which opens on to a street, drain or to shut off such latrine, urinal, water closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood;(iii)to cleanse, repair, cover, fill up, drain off, deepen or to remove water from a private well, tank, reservoir, pool, pit, ditch, depression or excavation therein which may appear to the Gram Panchayat to be injurious to health or offensive to the neighbourhood;(iv)to remove any dirt, dung, night soil, manure or any noxious or offensive matter therefrom and to cleanse the land or building;(b)the owner of any wall or building which is deemed by the Gram Panchayat to be in any way dangerous, to remove or repair such wall or building;(c)the owner or occupier of any building or property to keep his building or property in a sanitary state;(d)the owner of any dog or other animal suffering or reasonably suspected to be suffering from rabbis or which is dangerous, to destroy or confine or cause to be destroyed or confined such dog or animal;(e)the owner or occupier of any agricultural land to destroy harmful weeds from such land;(f)the owner or occupier concerned to reclaim an unhealthy place;(g)the owner or occupier of any building or land to maintain in proper repair the level and surface of any road or street passing in front of the building or through his land; and(h)the owner or person-in-charge of a private water channel to keep it in a state of reasonable repair;or, if he objects so to do, to appear before it, at a time and place to be fixed by the order and to move to have the order set aside or modified in the manner hereinafter provided. If he does not perform such act or appear and show cause, the order shall be made absolute. If he appears and shows cause against the order, the Gram Panchayat shall take evidence and if it is satisfied that order is not reasonable and proper, no further proceedings shall be taken in the case. If it is not so satisfied, the order shall be confirmed or modified as it deems fit.(2)If such act is not performed within the time fixed, the Gram Panchayat may cause it to be performed and may recover the costs of performing it from such person in the prescribed manner.(3)Any person aggrieved by an order under sub-section (1) may file an appeal within thirty days of the passing of such order before the Sub-Divisional Officer who after holding such enquiry as he may deem fit, may set aside, modify or confirm the said order and his decision thereon shall be final.
