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Overcrowding

Legal definition for Indian law research

Definition

Overcrowding. By Part IV. of the (English) Housing Act, 1936 (26 Geo. 5 and 1 Edw. 8), s. 58, it is provided that a dwelling-house shall (subject to the provisions of the Act) be deemed for the purposes of the Act to be overcrowded at any time when the number of persons sleeping in the house either.

(a) is such that any two of those persons being 10 years old or more of opposite sexes and not living together as husband and wife sleep in the same room, or

(b) is in relation to the number and floor area of the rooms of which the house consists, in excess of the permitted numbers defined in the 5th Sched. To the Act, i.e., in effect--

TABLE I

Rooms. Persons.

(a) 1 2
(b) 2 3
(c) 3 5
(d) 4 7 1/2
(e) 5 10

and

TABLR II (in the aggregate)

Square feet. Persons.

110 2
90 to 110 1 1/2
70 to 90 1
50 to 70 1/2

Children under 1 year old do not count; from 1 to under 10 are reckoned as half.

After the appointed day overcrowding is made an offence on the part of the occupier as well as (subject to statutory provisions) the landlord. Local authorities are under a duty to cause inspections to be made for the purpose.

Licences to exceed the permitted numbers may be granted, and for other offences and provisions relating to overcrowding, see the Act, ss. 57 to 70.

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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