Section 73 in Bihar Coal Mining Area Development Authority Rules, 1988
73. Liability of maintaining environment.
- The Authority may by notice require the owner or occupier of any land, within a period to be specified in the notice to trim or prune to the dimensions specified in the notice the hedges thereon bordering on any public road and to cut and trim in the manner specified in the notice any trees thereon overhanging any public road or tank, or any well used for drinking purpose, or obstructing any public road or causing or likely to cause for any public road or any property of the Authority or likely to cause damage to.Any person using any public road or building or likely to foul the water of any well or tank. The Chief Medical Officer may by notice require the owner or occupier of any land or building to cleanse, repair, cover, re-excavate, fill up or drain off a private well, tank, reservoir, cistern, pool, depression or excavation therein, which may appear to the Chief Medical Officer of the Authority to be injurious to health or offensive to the neighbourhood:Provided that, if for purpose of effecting any drainage under this rule it is in the opinion of the Chief Medical Officer of the Authority necessary to acquire any land or rights in land, not being the property of the person who is required to drain his land or to pay compensation to any other person the Authority shall provide such land and pay such compensation.Whenever the Chief Medical Officer is satisfied from inspection or on report of the competent person, that any existing block of huts within the Coal Mining Area by reason or the manner in which the huts are constructed or crowded together or for want of drainage and the impracticability of scavenging, is attended with the risk of disease to the inhabitants of the neighbourhood he may cause the locality to be inspected and a report made in writing on the sanitary condition of the block of huts which should be removed, the roads, drains & sewerage which should be constructed and the low lands which should be filled up with a view to the removal of the said risk of disease.On receipt of the said report, the Chief Medical Officer may require the owner or occupier of the huts or at the option of the Authority the owner of the land on which such huts are built to carry out and execute within a reasonable time to be fixed by the Authority for such purpose, all or any of the works specified in the aforesaid report or any portion thereof and, if such owners or occupiers fail to comply with such requisition, the Authority themselves may execute all or any of such works and expenses shall be recovered as and expenses shall be recovered as a public demand from the person liable to pay the same.If any of the said huts is pulled down, the Chief Medical Officer shall cause the materials of each hut to be sold separately, if such a sale is effected, the proceeds shall be paid to the owner of the hut or if owner be unknown or the title is disputed, such proceeds shall be held in deposit by the Authority until the person interested therein obtains the order of a civil court of competent Jurisdiction for the payment of the same.No person shall keep any cattle like buffaloes, cows, pigs, sheep, goats, etc. adjacent to or near a road unless it is shut out therefrom by a wall or fence of sufficient height and not more than 10 pigs or more than 20 sheep or goats shall be kept at any place without, the written permission of the Chief Medical Officer.No place within the area shall be used without the special permission of the Chief Medical Officer previously obtained for any of the following trade or business, namely:-(i)Skinning or Desembowelling of animals.(ii)Storing hides, bone or skins.(iii)Boiling or storing offal, blood, bones or rags.(iv)Melting tallow.(v)Tanning or the manufacture of leather or leather goods.(vi)Oil boiling.(vii)Dyeing.(viii)Soap making.(ix)Burning bricks, tiles, pottery or lime.(x)Storing kerosene, petroleum or any inflammable oil or spirit.(xi)Trading in or storing hay straw, timber, wood, thatching grass, jute or other inflammable materials.(xii)Manufacturing of hard and soft coke.(xiii)Any manufacturing process or business from which offensive or unwholesome smell may arise or which has been declared by the State Government by notification to be dangerous or offensive.No person shall use any private place for keeping cattle either for trade or sale of its milk unless-(i)the floor of the place is at least six inches above ground level and is paved with either stone slabs or brick on edge (cement pointed) on foundation of lime concrete or rammed brick khoa and has got a weather proof over it;(ii)the floor is provided with good drainage.(iii)the place is maintained in a proper state of repair and regular steps are taken for sweeping, washing, flushing and disinfection of the place;(iv)arrangement is made to keep the filth etc. in the pits specially dug for the purpose at a distance of not less than 100 feet from human habitation, any source of water supply and public passage:Provided that no public place shall be used for his own cattle or for trade or sale of its milk.
