Section 38: Demolition of unfit dwelling

38. Demolition of unfit dwelling (1) (a) Where the Sanitary Authority considers that— (i) a nuisance exists with respect to a dwelling; or (ii) the dwelling is so dilapidated, so defectively constructed, or so situate, that repairs to or alterations of the dwelling are not likely to remove the nuisance and make it fit for human habitation, P49 – 17 [Issue 1] Public Health Act he shall enter a complaint before the Magistrate of the district where the dwelling is situate. (b) The Magistrate shall issue a summons requiring the owner of the dwelling under subsection (1) (a) to appear before the Court to show cause why the dwelling should not be demolished. (c) After hearing the evidence of both parties, the Magistrate may order the owner— (i) to commence the demolition of the dwelling on or before a specified day, being at least one month from the date of issuing the order; (ii) to complete the demolition and remove the materials of the dwelling from the site before another specified day. (2) (a) The Magistrate shall give notice to the occupier of a dwelling in respect of which an order has been issued requiring him to move from it within a period of not less than one month and not exceeding 2 months. (b) Any person who fails to comply with the notice or occupies the dwelling or premises after the date fixed shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees. (3) Where any person fails to comply with an order made under subsection (1) for demolition, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100 rupees for every day during which the non-compliance continues and the Sanitary Authority may cause the dwelling and other structures on the premises to be demolished and may recover from the owner the expenses incurred, after deducting the net proceeds of the sale of the materials, which the Sanitary Authority may sell by auction.