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State of West Bengal - Section

Section 332 in West Bengal Municipal Act, 1993

332. Prohibition of construction of wells, tanks etc. without permission of Board of Councilors.

(1)No new well, tube-well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the Board of Councilors.
(2)The Board of Councilors may grant such permission, subject to such conditions as it may deem necessary, or may, for reasons to be recorded in writing, refuse such permission.
(3)If any work is begun or completed without permission as aforesaid, the Chairman-in-Council may-
(a)by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Chairman-in-Council may direct, or
(b)grant permission to retain such work for reasons to be recorded in writing, in exceptional circumstances if such retention is not otherwise objectionable :
Provided that the Board of Councilors may impose such fine not exceeding five hundred rupees for such contravention, as it may deem fit.[333. Prevention of mosquito-breeding. - (1) If, in the opinion of the Chairman-in-Council, any pool, ditch, tank, well, pond, swamp. quarry, hole, drain, cesspool, watercourse, pit, cistern, desert or air-cooler. ground, underground, or overhead tank or any collection of water, or any land on which water may, at any time, accumulate, is or likely to become a breeding place of mosquitoes or, in any other respect, becomes a nuisance, the Chairman-in-Council may by notice require the owner or the person having control thereof to take all or any of the following actions :-
(a)to clean. or drain off or remove water therefrom, or to provide cover thereto, or
(b)[ to treat the same in such physical, chemical or biological method as may consider suitable in the circumstances, or]
(c)to fill up unwholesome water body :
Provided that any unwholesome water body may be filled up only after compliance with the provisions of section 4C of the West Bengal Land Reforms Act, 1955, (West Ben. Act X of 1956), by the owner or the person having control thereof.
(2)No person shall keep, or permitted to be kept or maintained, within any premises or land any collection of stagnant or flowing water which, in the opinion of the Chairman-in-Council, is, or is likely to be, a breeding place for mosquitoes, unless such collection of water is treated in such manner as may effectively prevent the breeding of mosquitoes.
(3)All borrow pits dug in the course of construction and repairs of buildings, roads, or embankments shall be deep and connected with each other in the formation of a drain directed towards the lowest level and properly sloped for discharge into a river, stream, channel, or drain, and no person shall create any isolated borrow pit which, is likely to cause accumulation of water which again, in turn, may breed mosquito.
(4)The owner or occupier of any premises shall not keep therein any bottle, tyre (old or new), vessel, can, container or receptacle in such manner as may allow it to collect, or to retain, water which may breed mosquito, and shall clean and dry such bottle, tyre (old or new), vessel, can, container or receptacle at the interval of seven days.
(5)The owner or occupier of any premises shall wrap the openings of the vent-pipes and the outlets of septic tanks with proper mosquito-proof nets and shall maintain covering slabs of septic tanks to prevent entry and exit of mosquitoes.
(6)The owner or occupier of any premises shall seal the overhead tanks, cisterns or water receptacles to prevent mosquito breeding, and shall provide safe ladder for making the overhead tanks or cisterns or water receptacles approachable in order to facilitate inspection of the water in the container by the municipal authorities.
(7)For construction of permanent water collections such as swimming pools, artificial fountains, or water reservoirs, constructed for the purpose of beautification,-
(a)an application shall be submitted to the Municipality, stating therein the anti-larval measures, which shall be taken by the applicant to keep the water free of mosquito larvae;
(b)the Board of Councilors, after considering the application, shall issue a license to the applicant;
(c)the applicant shall receive the said license on payment of such fee as may be determined by the Board of Councilors, and the license shall be renewed annually.
(8)The owner or the occupier of any private pond or water reservoir shall keep such pond or water reservoir free from water hyacinth or allied weeds to prevent mosquito breeding.
(9)If any person contravenes any provision of this section or fails to comply with any requirement under this section, he shall be punished with fine which may extend to one thousand rupees, and a daily fine of fifty rupees in the case of continuance of such contravention commences from the day on which such contravention is brought to the notice of such person by the municipal authority.] [Substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000]
(10)[ In addition to the penalty be imposed under sub-section (9), if any person on whom the notice under sub-section (1) is served on fails or refuses to take the measures, or adopt the method of treatment, specified in such notice within the time specified therein, the Chairman himself or any officer duly authorized by him may take such measures or adopt such treatment, specified in such notice within the time specified therein, and recover the cost of doing so from the owner or the occupier of the premises, as the case may be, by way of levying charges under section 95 or special conservancy charges under section 95B in the manner specified therein.] [Inserted by West Bengal Act No. 9 of 2018, dated 17.4.2018.]
Prior to substitution the Section 333 read as;333. Filling in of pools, etc., which are a nuisance.- (1) If in the opinion of the Chairman-in-Council, -(a) any pool, ditch, tank, well, pond, swamp, quarry, hole, drain, cesspool, water-course or any collection of water, or(b) any land on which water may, at any time, accumulate, is or is likely to become a breeding place of mosquitoes or, in any other respect, becomes a nuisance, the Chairman-in-Council may by notice require the owner or the person having control thereof, to fill up, cover over, weed or stock with larvicidal fish, drain, or drain off the same in such manner and with such materials, or to take such steps for removing or abating the nuisance. as the Chairman-in-Council direct, within such period as may be specified in the notice.(2) If a person to whom a notice is issued under sub-section (1) to fill up, cover over, or drain off a well, delivers to the Chairman within the period specified in the notice for compliance therewith. written objections to such notice, the Chairman shall make further inquiry into the case, and shall not institute any prosecution for failure to comply with such notice. The Chairman may, nevertheless, if he deems the execution of the work called for by such notice to be of urgent importance, cause such well to be securely covered over to prevent breeding of mosquitoes and, in every such case, the Chairman shall determine whether the expenses of any work already done as aforesaid shall be paid by such owner or shall be met out of the Municipal Fund or shall be shared and, if so, in what proportions.