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The new Act does not in any way prescribe the procedure to be adopted by
the local authority before making a closing order. This matter is left to their
di scretion.
A closing order will not become operative so as to be put into actual force
until either the time within which an appeal can be made has elapsed without
an appeal being made, or, in case an appeal is made, the appeal is determined
or abandoned, and no proceedings under the order are to be taken till it becomes
operative (Section 39 (2)). The time within which, when a closing order has
become operative, an occupvirg tenant with his family can be required to cease
to inhabit the houses in respect of which the order has been made is increased
by Section 17 (4) from 7 to 14 days after service of notice, and the tenant who
makes default, instead of being subjected to a fine, as heretofore, will be liable
to have a summary order to quit made against him. The local authority may
make to any tenant a reasonable allowance on account of his expenses in
removing. The amount of the allowance will be primarily determinable by
the local authority with the owner's consent, though in default of such consent
it will be fixed by a Court of Summary Jurisdiction. But an allowance for
expenses of removal is not to be given if the house has been made unfit for
habitation by the wilful act or default of the tenant or of some one for whom,
as between himself and the owner or landlord, lie is responsible (Sub-section
(-5) ). The local authority must, under Sub-section (6), determine a closing
order made by them if they are satisfied that the dwelling-house has been
rendered fit for human habitation, and the owner is given a right of appeal to
the Board against a refusal on the part of the authority to do so. A Court of
Summary Jurisdiction will no longer have power to enlarge the time for the
execution of any works under a closing order (Section 21).
Demolition Orders.—Section 18, which supersedes Section 33 of the 181)0
Act, deals with the demolition of dwelling-houses which have been closed by
closing orders. Under Sub-section (1) proceedings with a view to an order
for the demolition of a dwelling-house cannot be initiated until a closing order
has been operative for three months, and when that period has elapsed the local
authority must, before making a demolition order, give the owner an oppor
tunity of being heard on the matter at a meeting of which he has had at least
one month's notice. Sub-section (2) indicates the circumstances in which a
demolition order must be made, and this must now be done if the local
authority are of opinion that the dwelling-house has not been rendered fit for
human habitation, and that the necessary steps are not being taken with all
due diligence to render it so fit, or that the continuance of any building which
is, or is part of, the house is a nuisance or is dangerous or injurious to the
health of the public or of the inhabitants of the neighbouring dwelling houses.
Where, however, the case is one in which the local authority consider that the
dwelling-house can be made fit for human habitation, they can under Sub-
o . .
section (3) give the owner an opportunity to render it so fit, if he undertakes
to execute the necessary work, by postponing the operation of the order for a
period not exceeding six months. No enlargement of the time allowed for
the execution of works or the demolition of a building can now be granted by
a Court of Summary Jurisdiction (Section 21). Sub-section (4, gives to the
owner of a building in regard to which a demolition order has been made a
right of appeal to the Board.