The Goa, Daman and Diu Public Health Act, 1985

r I " BEGD. GOA·5 , - Panaji, 16th January,1986 Wausa 26, 1907) , SERIES I No. 42 OFFICIAL GAZETTE ,GOVERNMENT OF GOA J ,',DAMAN AND ,: DIU GOVERNMENT OF GOA, DAMAN AND DIU Department of Personnel and Adminisfrative Reforms ORDER 5-3·74-PER (Voi. II) in supers~iori of order No. 5/3/74-PER, (Vo!. TI) '. " .... -dated 7-11-85, the following Departmental Promotion Committee is reconstituted for Group 'c' posts ()f :Superintendents (outside, the Secretariat) with immediate effect: -

man. 2. Under Secretary, Department of Personnel &

Under Secretary, Department of Personnel & A. R. -Members.

Under Secretary, General Admn. & COordn. Division -Mem1;Jer. 2. The column No. 12 of Schedule to Notification N~'OSD/RRVS/49/67dated 9-1-1968 published in {~overnment Gazette No. 105, Series I dated 8-2"1968 . stands remodified to the above extent. , By order and in.,the name of the Administrator of Goa, .Daman and Diu. ' N.J'. Gaunekar, Under Secretary (Personnel). Panaji, 30th Decem1;Jer, 1985. Notification , 5/3/74-PER (Vol. II) , In exercise of the powers conferred by sub-section :(2)'of section 9, sub-section (2) of section 12 and 'section 24 of the Centriu CivlI Services (Classifica- tion, Central and Appeal Rules), 1965 read with item (iii) of the Serial No. '4 of Part m and item

1. (iii) of sertal No. I of Part IV 'of the, Schedule there- ,to, the ,Administrator of Goa;Da~ and Diu in ,partial modification of, the'N Qtifications issued in ....... this respect from time to time, hereby ~pecifies with immediate effect, the following auth~Jn pI3.ce of authorities specified ,earlier rega,raing AppoiIit- ing, Disciplinary and ,Appellate Authorities under the said rules forGroup 'c' a11(1. 'D' pos~ in the Secretariat and Superintendent outside the Secre- tarfat:~ ..

Authority compe- tent to. impo!'le <11 >. penalties and which ; 1: it may-impose ;:::; 0 SI. No. l>es~ription of .post Appointing. . -Authority (with r'eferellc;:e-to 11-5 item numbe13 in P.::s _'_',::R,::u:,::'e..:,:,::,.::, _'-« , 1. Group, 'C' and 'D' posts in the Secre- tariat and Super- intendent . outside the Secretariat Secretary General Adminis- tration Authority secretary General - Adminis- tration . , Penal- ties 5 6 All Chief Secre..;- tary By order and ,in the name of the Administrator of Goa, Daman and Diu. N. P.Gaunekar, UnderSe<;retary (Personnel) . Panaji, 30th December, 1985. ••• law Department Legal Affairs Brdnch Notification ,7/17/85·LA, ; ,- The following Act which wa.s passed by the Legis- lative Assembly of Goa, Daman and Diu on the 1st, day of August, 1985"and assented to by the Administrator of GOa, Daman and Diu on 2;i'th November, 1985 is hereby pubIlsl1edforthe general information of the public. B. S. Subbanna, Under Secretary to the Gove:rn- mentof Goa, Damal,l and Diu. '. :. Panaji, 9th December, 1985. , '! II .j i i r ~ \ '\ I' II i i I' l' ~ The Goa, Ilaman and Diu PubliC Health Act, 1985 (Act No. 25 of 1985) AN ACT to make provision for advancing the Public He.alth . in the Unicn ·territory of Goa, Daman and Dtu. Be it enacted by the Legislative Assembly of Gas, Daman and Diu in .the Thirty-sixth Year of the Republic of India as follows:-' CHAPTElR I Preliminary 1. Short title, extent and commencement. -(1) This Act maybe called the Goa,Daman and. Diu Public Health Act; 1985 .. (2) It extends to the whole of the Union territory of Gas, Daman and Diu. (3) It shall come into force at once. 2 .. Definitions. -In this Act, Unless the context·. otherwise requires,- . (1) "buildi!lg" includes,~ (a) a house, ol,lt-house, stable, latrine, godown, • shed, but-wall (other than a boundary wall not exceeding 2.5 metres in height) and any other such structure, whether buUt with bricks, wood, mud, metal or any other material whatsoever; (b) a structure on wheel or simply resting on . . the grouild without foundations; and .. .-~. (c) a ship, ·vessel, boat,tent, van and any other' such structures used for hUlnan habitation; (2) "cattle" includes elephants, camels, mules, asses, horses, cows, buffaloes, bulls, bullocks; sheep, goats, dogs and pigs and the young, ones of these speci~s; (3) "Collector" means the Collector of Goa, the Collector of Daman and the Civil Administrator, Diu and includes. an Additional Collector; (4) "Director" m1ans the Director of Health Services, Government of Goa, Daman and Diu; (5) "drain" 'means a' house-drain or a drain of any other description and includes a sewer, tunnel, cnlvert, ditch; channel or any other device for car- rying off sullage, sewage,offensi've matter,polluted water, rain water or subsoil water; (6) "drug" 'means any substance used as Ine<li- cine whether for internal or external use, or any substance used in the comPosition or. preparation' of such medicme; . (7) "dwelling house"· means a building cons- tructed, used Or adapted to be used, wholly or prin- . cipally, for human habitation' or in connection therewith; (8) "factory"meansany premises including the precincts thereof wherein any industrial,. Iilanufac- . turing or trade prO!!css is carried on with the aid of ,steam, water, oil, gas, electriCal or any other SERIES I No. 42" form of power which is mechanically' transmitted and is not generated by human or animal agency; (9) "filth" means,- (a) nightsoil. and. other contents of latrines" cesspools and drains; (b) dung and the refuse of useleSs; or (c) putrid and putrnying substances; (10)' "food" includes every article consumed. or . 1,lsed by man,' for food, drink, or chewing, and all materials used or admixed in the composition or' preparation o{ such article and shall also .include flavouring and. colouring matter and c<¥1diments; (11) "Government" means the Government of the Union territory of GOa, Daman and Diu; (12) "Health Officer" m~ans theHe~0fficer . appointed by. the Government ·under section 8; (13 ) "house drain': means any fu.ain actuaJly used, or intended to be used for the drainage of one or- more. premises; (14) "hut" means any building Which is construc-- ted prinCipally of wood, mUd, leaves; grass, thatch,. or metallic sheets, and includes any temporary struc-- ture of whatever size or any small building of what-- . ever material made, which the local .authority may declare to be a hut for the purposes of this Act; (15) "infectious disease" means an infectious. disease as defined in s~tion ""7 and includes notified . diseases as defined in section 57; (16) "latrine" includes privy, water-closet and .. urinal, .whether public or private, or whether open or flus)lOut; (17) "local area" means the area within the jUTIS-- dictioh of a local authority; . (18) "local authority'" means,- (a) in any municipal area, the Municipal Council .concerneq; . (b) in any other area, the Village Panchayat- concert.ted; (19) "lodging house" means.a hotel, a boarding house, . a choultry, dharmashala or rest-house not maintained by the Government ora local authority" or any place where casual visitors are received and provided with sleeping accommodation, with or' without food, on payment but does not include- (a) a students' hostel.under public or recoguized control, or (b) retiring rooms and rest-houses provided by a railway administration and normally used by- passengers or railway servants or both; . . (20) "magistrate" means a Magistrate as. cons,- trued under section 3 of the Code of Criminal Proce- dure, 1973 (Central Act 2 of 1974); . (21) "notification" means a :notification publish~ in the Official Gazette; /(22) "nuisance" includes any act, omission, place or thing :which causes or is likely to cause injury, danger, annoyance or. offence to the sense or ~.' m~, __ _ 16TH JA,Nf!ARY, 1986 (PAUBA 26, 1907) . . sight, smell or hearing or disturbance to rest: or sleep or which is or may be dangerOUs to life or·injurious to the health or property of ·the public or the people in general who ·dwell or occupy property. in the vici- nity or persons who may have occasipn to use any . public right; (23) "occupier" includes,-. (a) any person for the time being paying or liable to pay to the owner, the rent or any portion of the rent of the ·land or building or part of the same in respect of which the. word is used or damages on account of the occupation of such land, . building, or part; and (b) a rent-free occupant; . (24) "offensive matter" includes, (a) filth as defined in clause (9); and (b) sewage as defined in clause. (31); (c) dirt, hous.esweepings, spittings, including chewed betel and tobacco, kitchen or stable refuse, broken glass or pottery, debris, and waste paper; (25) "offensive trade'" means any trade in which the substance 'dealt with are, or likely to become, a nui.sance; (31) "sewage" means )lightsoiland other contents. ·of latrines, cesspools or drains. and includes trade effluents and discharges from manufactories of all kinds; . (32) "street.". mea.nsa public or private street; (33) "urban loCal area" means the area within the jurisdiction of an urban local authority; . (34) "urban local authority" . means a Munici- pal Council constituted under the Goa, Daman and' Diu Municipalities Act, 1968 (7 of 1969) and includes any panchayat notified by the Govern- ment .as an urban local' 'authority for tbe purposes of this Act; . (35) "venereal disease" means syphilis, gonorr- hoea, soft-chancre, venerealgranuloma~ympho- granuloma; ... -,*- (36) "water-course" includes any river,. stream or channel, whether ·natural or artificial,. other than a -drain;" , (37) "workplace" means any premisef! including the precincts thereOf (not being a factory or a workshop). wherein is carried on any industrial; manufacturing or trade process, at which not leSs than five persons are employed for wages or any (26) "owner" includes the . p&son for the .tin1,. other remuneration; . being receiving or entitled to receive, whether on his . . own account or as. agent, trustee, guardian, manager or receiver for another person or estate or for any religious or cllaritable P11I'pOSeS, the rent or profits 'of. the property in . connection with which the word is used; . (27) "panchayat" means' a village Panchayat constituted under the Goa, Darnall and Diu Village I>anchayatRegula.tions, .1962(9 of 1972) ; (28)' "prescribed" means prescribed by the Go- vernmentby rules made under this Act; (29) "private street" means any street, road, square, court, alley,. lane, passage or riding-path which is not a. public street, but' does not. include a pathway made by the owner of premiSes on his own land to secure ac)cess to, or the convenient use of,such premises; . . (30) "public street'" means any street, road, square, court, alley, lane, passage or. riding-path, whether a thoroughfare or not, over which the public have a right of way, and includes,- (a) the roadway over any public bridge or cause- way; (b) the footway attached to any such street, public bridge or causeway; and . (cl the drains' attached to any such street; public bridge or causeway and the land whether 'covered or riot by any pavement, verandil., or other structure which lies on either side of the roadway upto the boundaries of the adjacent property whether that property is' private· pl'O-' perty or property belonging to the Central Go- vernment or the Government; (38) "workshop" means any premises including tbe rrecincts thereof (not being a factory) wherein any article or' part. of an article is made, repaired, altered, ornamented, finished or otherwise adapted for use on a .commercialbasis 'and not less than . five persons are employed for .that . P11I'pOSe , for wages or any other remuneration. - CHAP'rER'n Controlling Authorities .and their. powers 3. Constitution of PUblic Health Boaro. -(1) As soon as may be' after the commencement· of this Act, the Government shall cause to be constituted for the Union territory of Goa, Daman and Diu, a Public Health Board consisting of the following members, namely:"':" • (a) the Minister for Public Health; (b) the Director of Health Services; (c) Director of Municipal Administration; (d) Collector; (e) Chief· ToWn Planner; . (f) three persons having special knowledge of matters relating to public health or public.engi- neering. . . (2) Members nominateq. under clause (f) of sub- -section (1) shall hold office for a period of one year from the date of nomination but shan be eli- . gible for re-nomination; (3) The Minister for Public Health shall be the President of .thePublicHealth Board and the Direc- tor of Health Services sha!! be its. Secretary. "'4. :Funetions'oi' the 'PublieHeaJth . Board. -(1) The Public. Health Board shall advise the Govern" inent. onslichiriatters as the Government may; from tim!! to time, ·refer to it. (2) The -:ineethigs of the BOard and the mode of transaction of meetings shall be governed by such regulations as,IDaybe framed byit. . (3) The proceedings of the BOard shall not be invalidated by reason" of' any . vacancy in the' office of the President, the.Secretary-or a member. 5. Powers o{ Government' and of Director of. Health Services;-(1) The Government shall have. power to inspect, control and superintend the ope- ration of local authorities under this Act. (2) The Government may, from time to time, de- fine the powers to be exercised and the duties to be performed, by tl).eDirector or any member of his staff for the purposes of subcsection (1). (3) Nothing contained in sub-sections (1)' and (2) shall be deemed to affect, or derogate from any powers possessed by the. Government or the Collector i1pder any· other law. for the time being in force. . 6. Power of Government to direct performance by Government of any function devolving on Local:' authorities. -The· Government may, by notification, di.nict that in respect of any function to. be performed by a local authority under this Act and specified in the notification, the Govern- ment, and not the local authority, shall be the ~ocal authority in all or aIiy areas which are com- prised within the jurisdiction of such a local au- thority. . 7. Powers of Director t6 rooommend measures for improvement of Public Health. ~ The Director may, from time to time as' occasion requires, recommend for adoption, by any local authority, such measures as may be necessary for Improving .the public health . administration iii the local area, or for safeguarding the pub.1ic health therein: .. Provided that, if on accourit of financial or other reasons any local authority is. unable to carry. out such measures _ and requests the Government to carry outliuch measures; the' Government, after satisfying . itself about.the -genuiness of the said difficulties, shall caITy out the said measures ... ," .. ' . 8. Appointment of Health Officer .. -The Govern- ment shall appoint, for each local area a Health Offi- . cer with such qualifications' as may be prescribed, f()r the PJ!11loses of this Act. -9. Appointment of tempOrary Health Officers in emergency. -(1) In the event of the prevalence or threatened outbreak of any infectious disease in any area, or of any unusual mClI"t!ility therein, the Government may by order, appoint temporarily, for such period as maybe specified therein, one or more additional Health. Officers, for. the treatment of such infectious' disease and preventing it. from spreading', or· for investigating the cause of, and preventing Such'mortality, as the case may be. (2) For the purpose ofsub-sectiori(l) the G0- vernment may appoint: any medical practitioner' registered under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) , either on an hono- rary basis or on' such salary and allowances or both a'S the Government may fix. . . 10. Delegation of powers of Health Officer.- The Government may, by· general or special order authorise any officer of the. Government or-of ~ local authority, to. exercise such of the powerS of . a H~alth Officer under thiS Act, in such area, and subJect to such restrictiOns, limitations and condi- tions and to such control and revision, as maybe specified in such order. '. 11. Appointment of persons to carry out the pro- visi01I:S of .. this.Act.~No~withstanding _ anything contamed ill th,S Act or in any other A~:t Acts governing the local authority or authorities eon- cerned, .the· Government. may, by general or special order, appoint any person or persolli1to carry ollt such provisions of this Act and in such. areas, as may be specified in the order. . '12. Health Officer's control over public health . staff. '~(1) . The Health Officer in-charge of any . local area Shall exercise supervision and control over all .other members of the public health esta" blishment. of such area. . (2) (a) Save. as otherwise provided in this Act or in any rules or regulations made under it,all appointmeIits, transfers and punishments of the members of the public health establishment tInder the supervision and c.ontrolof the Health Officer .. shall be made by the Health Officer subject to the approval of the Director. ' . '. (b) If ~or any reason the loCal authority dis- agrees WIth the .orders ·.of the Health' Officer under clause (a) the local ,,"uthority shan refer the matter to the Director, whose decision Shall be final; . 13. Authorisation of Health Officer to perform the functions of local authority in' publlcheaIth matters. ~ T?-e Health .. Officer Shallperforp1 such of the functIOns and discharge .such 'of' the duties of the local. authority in regard to public health matters. under any of the provisions. applicable to such loCal authority subject to suCh appeal ·and control as the Government may, by general or special order, dlltermine. .... . CHAPTERm Water-Supply 14, Local authorities to provide potable water.- Wherever a local authority has made a provision for supplyo£ drinkin:g water for consumption by the, inhabitants of the area Within its jurisdiction, it shaU ensure, -. . . . (a) that as for as possible, the water-supply is c.ontinuous throughout the year; and (b) that the water' supplied is at all· times wholesome' and fit for human consumption. 15. Power of Goyernment to direct localltuthority to execute water works.-(1) Jiin. the opinion of the Government, a lOO;ilarea does not possess a l6TBJANUARY,1986 (PAUBA 26,1907) .sufficient . supply of wholesome. water fit for the .consumption of its inhabitants, they may direct the local 'authority concerned, either singly or in combination with the local authorities of areas in the neighbourhood which are similarly situated to execute within such time as the Government may fix,such works as may be directed by the Govern- ment for providing a sufficient supply of wholesome water fit for human consumption: , Provided that, if on account of' financial or 'Other reasons, any local authority is . unable to execute ;such works and requests the Government to' execute such workS,' the Government, after satisfying. itself .about the genuineness of the said difficulfies;shall . ·execute. tile said works. (2): A local"authority may, with the previous ;s~mction of the Government""- (a). construct, lay or erect filters, reservoirs, engines, conduits, . pipes or other works outside the limits of its local area for supplying water within its area; (b) purchase or t:ilre on lease any waterwork, or aliy right to store or to take, convey water, either within or without the limits of its local area; and (c)confract with any local' authQrity or other ·person or agency for the supply of water. (3) A' local authority may, with the previous :sanction of the Government, by public notice, . declare any lake, stream, spring, well; tank, reser- voir, pond, or other source of water-supply whether within or without the limits of its local area (other than it source under the control of the Government) .from which water is or may be made available for the use of ·the public and every such source shall thereafter be under the control of the local autho-' rity, only to the extent necessary for such purposes. . . . 16. Power of GOvernment to divert water from water-mam belonging toa local authority.":-' The ·Government· shall have power to take water frQm . any water-main belonging to or in the control. of. . a loc.al authority for supply of water to any other area,' subject to such payment being made. to ihe local authority concerned and subject also to such . -other conditions a~, the Government may consider reasonable:· . .' . Provided that before taking action under this. section, the Government· shall communicate to the local authority the grounds on which they propose to do so, fix a reasonable period for the local au- thority to show cause against the proposal, and con- .. sider its explanation or objections,.if any; 17. Power of Collector in rel{ard to water-supply. ~ (1) The Collector or any other ·officer appointed .by the Government in this behalf, may cause inqui- ries to be made in any local area or part .thereof, 'with a view to ascertaining- (a) whether the. SO'UrCe Qf water-supply for such local area· or part is contaminated from any cause against which' effective means or protection can be taken;. and . (b) whether the provision of any a,dditional l!1ource.or sources of water~supply is necessary for ;such local area or part thereof. . . . (2) The Collector or other officer aforesaid .may after taking into .consideration the result of. Jlllch inquiries; by notice,direct that any source 9fWJl,t~r­ -supply be cleaned" improved, repaired' or !,>therwise protection from contamination, or that such,addi, .tional source OJ; sources of water-supply be' provi- ded, as the ease may be: . ) .. .. Provided that before issuing a notice under'.this sub-section, the Collector or other officer aforeSaid shall give the authorities pr persons interested a reasonable opportunity to make any representations they may wish to make and consider the same. . (3) Against any 'direction issued by the Colle()tor or other officer under sub-section (2) an aplieal shall lie to the prescribed authority whQs~ d<)ciSion shall be final. .' .. . (4) . (a) Every notice issued under. sn'etion (2) shall· specify the nature and extent of the. works to be executed, the estimated cost thereof, and the authority or authorities or the person or persons by whom and the period within which, they are to be executed. . . . . . : .. ' (b) The.noticeshall,- (i) be publishedin the prescribed mil,nner;and (Ii) be seJ;Ved on the local. authority or ·on the 'persons owning or having control over the.source of water-supply, as the case. may be,. in the l;lrescribed manner. . . S., -., (5) If directions contained in the .notice issued under subcsection (2) have not been satisfactorily co~plied with,. the officer issuing the notice may himself cause the works specified in the notice to be executed, provided that he. may, on sufficient cause being shown; extend the period specified. in the notice, or modify or .l·escind any directi<>ll eon- tained therein.·· , 18. Power of· Director to direct lQCa,1 authority to improve water-supply. -If the Director isllatis- fied upon investigation .th.at any source of public water-supply in local area is contaminated .. or : is subject to imminent risk of contamination by reason of unsatisfactory location, protection, construction, operation or maintenance, and speedy remedy or immediate prevention is, in his opinion, desirable, he may, by order, direct the person in-charge to take such measures as may be specified therein; and such person shall take action accordingly. 19. Railway amninistration to submit samples of drinl<ing. water for ·analysis. -In the . case' of any' railway in the territory the Government niay, by general or special order, require the authority admi- . nistering the railway to submit for analysis, to such person Or institution, in such manner, and at such intervals, as may be presCribed, samples of drinking water' supplied by such authority at any station or stations on such railway. For such analysis,the authority aforesaid shall pay to the Government, such fee as may be prescribed. . 20. Rules' for protection and periodical exa- mination of water-supply. -The Government shall have power to make rules providing for .the pro- tection and periodical examination of sources of water-supply in the Union territory of. Goa, Daman- and DilJ. . '. . '.. .' : ~- (,21. iJlealth ,Officer's powers.in regaroto ~ani- '1ary:sOurces.-(l).The Health Officer, may, at anyitiine; by written notice require, that~e owner of, or' 'any 'person having·c()ntrol over, any lake, stream,: spring, well, tank,reservoir,. pond or other souree of water"supply which is used for drinking, bathing or washing clothes shall, whether the same is private property or not, within a reasonable time . to be :specified in the notice, or in any case falling under, clause (d) within such time as may be speci- fied in; the notice not being less than thirty days from' the receipt thereof -. '. (8S keep and maintain: any such source of supply .in $Uch manner as the Health Officer may direct; or, (b) 'cleanse any such source' of water-supply from,llilt, refuse and vegetation; or , '(c) protect any such source of water-supply ftom pollution by surface drainage or otherwise, in such manner as the Health Officer may direct; or (d) fill in,rep!lir, protect or enclose in such manner as the Health Officer may direct, any such . source of water-supply, if for want of sufficient rel1aii, protection or enclosure, such source of water-supply is, . in his opinion, dangerous to the health ,or safety of the public or of any persons haVirig occasion to use or to pass or approach the sarne;or ' (e) desist from' rising, and from permitting 'others to use for drinking purposes any such source of water-suppiy if, in the opinion of the 'Health Officer, the water is unfit for drinking; or .(f) ,close any such source of water' supply, either .. temporarily or permanently, or fil~ up, enclos.e or ,.. fence'the same in such manner as the Health Officer considers sufficient to' prevent the use thereof for drinking purposes, if, in his opinion, 'the water is unfit for drinking; or '(g) drain off or otherwise, remove fr~m any such, source of water-supply or from any land ,or premises or' receptacle or reservoir attached or adjacent' thereto, aily stagnant water which the ~ealth Officer considers to be injuriOi1$ to health. . or offei1$ive to the neighbourhood: " 'Provided .that the provisions of clause (a) and (b) shall ,not apply to a stream: Provided further that a notice shall not be issued under Clause (f) unless a notice has first been issued under Clause (e) and the source of'water- -supply in question continues to be used for drin- king purposes notwithstanding the issue,.of such notice, and the Health Officer considers that such use, cannot be prevented otherwise than by the , ;,s&ue ofa notice under clause (f) .. (2) If the owner or.person having control as afore- . said fails or neglects to comply with any notice issued under ;sub-section (1) within the time specified therein the Health OHicer may, if immediate action is necessary ,to protect the health or safety of any person; Ol:persons,at once proceed to ,execute the 'wot"k,,specified in .su<;h notice; and all the ,expenses incJ;UToe<l, :in respect' ther~fby,the Health.Officer .shall be paid by the owner of, or person}laving cOlltrol Over SJlc.h,.sQurce o£water-supply and.sha~ be recoverable as if,it ",(>re a tax aJ!,e t() the, local authoritY., concern(>d: , . • :Pro~ided that in the sase of any private s,ource the water of which is used by the, public or by any' sectionol; the, puj:)licas pf right, the expelises which, have been incJrrred by the Health Officer or have, been necessarily incurred by the owner of or person having control over the source of water-supply shall be paid from the fUllds of such authority as the Government, by order, determine. ' 22. New house not to be Qccupied without ade- quate'",ater-supply. --:-No oWner of any dwelling-· -house which'may be constructed or reconstructed after the commencement of this Alltin any urban local are~ shall. OCCUPy it, or. cause or ~!!5IP!t it to, be OCCUPled untIl he has obtamed a certifi'l!!llte.from the Health Officer that there is within the house, or within a reasonable distance therefrom, a supply of wholesome water sufficient for the domestic PurPo-, ses of the inmates of the house. . CHAPTER IV Drainage 23. Local authOrity to maintain public drains.-·· (1) ,Every urban local authority shall, so far as the funds at its disposal may permit, provide . and maintain a sUfficient and satisfactory system of public drains for the effectual drainage of its. local area. . . (2) If, in the opinion of the Government, any local area or part thereof should, for· any special reason, be provided with a system of public drain or with any other means of drainage, they may ·direct the local authority concerned to provide or execute,. within .such time as may be fixed in this behalf,. such works.as may ,be considered IJJeCessary. (3) The local authority shall at all times keep in good repair all drains" cesspools alld the like vestE)d in or belonging to it. 24. Power of Health Officer to require drains to, be constructed. -(1) 'If any premises are; in the opinion of the Health Officer, without sufficient means of effectual. drainage, he may, by notice direct the owner of such premises to construct a drain leading therefrom to the nearCllt public drain or other place set apart by the local authority for' the discharge of sewage: Provided that if, in the opinion of the Health Offi- cer, there is no public drain or other place set apart for the discharge of sewage within a reasonable distance of such premises, he may, py notice, require' the owner of the premises to construct -" . (i) a clos,ed cesspool, septic-tank, filter orothe~ work of such 'material,. size and. description,as he may direct; and' . .' . ". ". ',,- '(ii) , a h<!uae-th-ai'n communica1:h..gwithsuch . closed cesspool, septic-tanl>, filter or other work:. , . --. (2) Where by. reason of a local authority chan- gingits.sy;;tem of drainage or undertaking a new ,system of drainage, it beccimils· necessary for. the owner of any prenUs.es.:to~ recoi1$truct or alter . any 18TH'J AN:UXb,'K,1986 (PAUSA 26, 1907) drain. th~ cost of the reconstruction or alteration of such drain shall be borne. wholly by the local authority, or wholly by· the owner, or partly by the local au!:hority' and partly by the owner, in ac- cordance with such rules as may be. prescribed. . , 25. Drains in ptivate streets. -Where a house- -drain belonging to one or more premises has been laid in any'ptivate street which is common to more than one premises and the Health Officer considers it desirable that any other premises should be drained hltO.such drain, he. may, by notice, . require the ,owner of such premises to. connect. his house-· -drain with such first-mentioned drain; . and the oWIieror owners of such first-mentioned drain. shall thereupon be bound to permit such connection to be made: Provided that no such connection sh~ll be made - , (a)eJ!:~ptupi>n,Sllc\l t~rms asmay be mutually agreed upon between or among the owners con- .' cernedor . . . -"', , ,,-_.' . " .. --,' . (b) in default, of such 'agree!p.ent; except upon , . suCh . terms as may be laid down ':by the 16Ca.l authority and in 'particular, lintil any paYment " which may·be directed bythelooalauthority to be made to the owner or owners concerned 'has been duly made .. . ,.... , 26. Dr.unage for huts.,.-'-(1) Drains for the drainage of' huts shall be of. such size and descrip- tion, and be constructed of such material as may be considered by the Health. Officer to be practica- ble, haviIlg regard to the circumstances of the loca-, , lity and the position of the nearest public drain. or other place set apart by the l6Ca.l authority .for the discharge of sewage. (2) If the. Health Officer considers that a new drain should be constructed for' the benefit of the occupants of' any hut, he may, by notice, require . the owner of the land on which such hut stands, to constrnct suCh drain and such, owner shall construct such drain, and cause it· to be cleansed and repai- red to the satisfaction of the Health Officer. 27. Drainage Qf court.yard, alley, passage, etc .. ---" For the purpose of efficiently draining any land or building, the Health. Officer may, by' notice, require the Qwner of any cou'rt-yard, alley, lane, passage or open space·- , (a) to raise or pave the same with such material and in such manner as may ~ approved by the Health Officer and to keep suCh paviIlg in pro- per repair; or . (b) to raise the level of .such court-yard, alley, lane, passage ,or open space. Explanation. -It shall be open to the Health OWe cer to require that in any case both the measures specified in clauses (a) and (b) shall be taken. 28. ConstructiQn and clOsure .Qfcesspools.-(1) . No person shall construct a cesspool ~ . . - -" (a) beneath any part of any building or within such distance. of any tank, reservoir, water- -course or well or within such other distance " therefrom as the Health Officer may consider to ,be practicabHi having regard to the circumstan- cesof thelocality; or ,. . , (b) within anylooal area or outside such area ' but within three hundred' feet of any reservoir used for the storage Of filtered water to be sup- plied to such area; except upon a sit.e· and in a position which have bElen approved in writing by . the, Health Officer. . (2) The Health Officer may, at any time, by notice, require any person within whose premises any cesspool is constructed in. contravention of sub- . -section (1). to remove such cesspool or to fill it up with suCh material as maY. be approved by him. 29. ProhibitiQn of Qccupation of newbuilding.- No owner of .any building constructed or reconstruc~ ted after the commencement. of this Actin any urban.Iocal area I>haJl occupy it, or cause or permit itto ~ occupied, until h!lhasobtaine<;la certificat~ from the. Health. Officer. that the' buil~pasbeen proVided with sufficient means of dr3.in~:',,' ,: "; . 30. Sullage or sewage not. to be let out into street, --'" No person having control over any btiild" ding or 'land shall cauSe Qrallow':"': . , . . . . ;··i~) . the water of any sink, sewer, latrine Qr <>ther sanitary convenience, or· any other liquid.. '. or, other matter whiCh is, 01;' is likely to become .offensive to run into a drain, or to bEl thrown or put upon, any street or open space or to soak through any external wall; 01;' (br any ofrensivematter·from any sewer, latrine or sanitary convenience, to run,.drain or be thrown into a surlacedrain in any street. . 31.· Injutions refuSe not to . be discharged into public drain. -No person shall, save as may be generally or specially prescribed, throw, empty, or turn, or suffer or permit to be thrown,_ emptied or turned or to pass,. into any public drain, or into any drain communicating with a public drain -. . (a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and dispo- sal of such contents; ot' (b) any liquid being refuse or steani or other liquid which is, either alone or in combination with the contents of the drain, dangerous, or the cause Qf a nuisance or prejudicial to'health; or (c) any'explosive or inflammable substance., . 32. PQllution of waterprohibitecL -No person shall save as may. be generally or specially pres- ctibed-. . . (1) put, orcallse to be put or cause to fall or flQW orbe.camed or knowingly permit to be put or to fall or flow . or be carried, into any water- -course, lake, tank, sea-water within five kilo- metres from the shote~ (a) any solid or liquid.sewage matter, or (b ) any poisonous, noxious or polluting liquid proceeding from any manufactory or manufac- turing process, or (2) put, or cause to 'be put, or cause to fall or be carried. or knowingly permit to be put or to fall or 'be carried, into any. water-course, 'so as, either. singly or in combination with other similar acts of the same or any other .persons, to interfere with the due flow of such water-course, or to pollute the water therem, the solid refuse of any manufactory, ' manufacturing process or quarry, or any rubbish or cinders, or any qther waste or putrid solid matter, or ' (3) commit nuisance ill or in the neighbourhood of any water.course. CHAPTER V .. S.Bnitary . convenience 33. Obligation of lOcal authority to provide public sIl.nitary conveniences. -Every local authority shall provide and maintain in proper and convenient places a sufficient number of sanitary conveniences for the use of the public and cause all slfch pl:wes to be .k~pt in proper order so as not to be a nUlsance or InJu- rious to· health. 34. New houses to be provided with sIl.nitary con- veniences. -If in any local area any building in- tended for human habitation is constructed or is re- constructed after 'being pulled ,down to or below the ground floor" the owner thereof shall provide such sIl.nitary conveniences and in such positions as'the Health Officer may, by notice, require. ., 35: Additional sanitary conveniences.-If any bnilding intended for human habi,tationis without any sanitary convenience or if, in, the opinion of the Health Officer, the sanitary convenience or conve- nience provided ·therein are insufficient, having re-, gard to the number of persons occupying the building or are inefficient, or are objectionable on sanitary groundS, he may, by notice in writing require the ' owner of such building- (a) to provide such sanitary conveniences ' or such additional sanitary conveliiences' and in such positions, as may be specified, in the notice, or , (b) to make such structural or other alterations . as may be specified in the notice: ' 36. Mode of ,construction of latrines. -(1) All latrines shall- " (a) be~o constructed as to screen, persons using the, same and the .tilth froll.l the view of persons passing by or residing in the neighbourhood; and (b) be maintained, repaired, altered, and used in accordance with the rules and bye-laws made under this Act. ' (2) If any latrine opening on any street, whether , such latrine be erected before or after the commen- cement of this Act, is so placed or constructed as to be nuisance or offensive to public decency, the Health Officer may, by notice in writing require the owner to'remove it or to carry out such impro- vement therein and within such time as may be specified in ,the notice. (3) When any latrine is used in common by the occupiers of two ormOl'C premises or by the members of two or more families, no person shall injure or improperly foul any such latrine or anything used in connection therewith. CHAPTER VI Abatement of nuisances 37. Certain ,things ,to be, nuisances'. -Without prejudice to the generality of the definition of the expression "nuisance" contained in, clause (22)-of section 2, the following shall be deemed specifically to be nuisances for the pui'Poses of this Chapter --- (1) any premises iii such a state as, to be pre- judiCial to health; (2) any pond, pool, ditch, gutter, water'course, water-trough, latrine, cesspool, drairt or ashpit which is so foul pr in such a state as to be pre- judiCial' to' health; (3) any animal kept in such a place or manner as to be prejudicial to health; , ~, ' (4) any accumulation, or deposit of refuse or other matter which is prejudicial to health; (5) any factory, ,workshop or workplace; .which is, not provided with sufficient means of ventila- tion or in which sufficient ventilation is not main- tained,or which is not kept ciean or not kept ,free from noxious effluvia, or which is so over- crowded while work is carried on as to be pre- judicial to the health of those ,employed therein; (6) any fireplace or furnace which does not ,as practicable consume the smoke arising from the combustible used therein, and which is used for 'working engines by steam, or in any mill, factory, dyehouse, brewery, bakehouse or gaswork, or in ,any manufacturing or trade process what- soever; ~ (7) any chimney sending forth smoke in such quantity ,as to be a nuisance; and (8) any noise, vibration, dust, cinders, iritat- ing smell, noxious vapours or offensive odour produced by a factory, workshop or workpIace , or an installation and which is a nuisance to the neighbourhood. , 38. Detection of nuisance. -Every local autho- rity shall, -(a) cause its local area to be inspected frOIn time to time with a, view to aScertain what nuisance exist therein calling for abatement under the powers conferred on such authority by thIs Act, and ' (b) euforce the. prOVISIons of this Act in order to abate such nuisances. /39. Iilformation regarding nuisance. -Any person aggrieved by a nuisance, in any local area may give iuformation of the same to the Health Officer or any other officer of the local authority. J 4(). Power of Health Officer to abate nuisance.- If the Health Officer is satisfied, whether upon information given under section 39 or otherwise, of the existence of a nuisance, he may, by notice, require the perSon by whose act, default or suffer- ance 'the nuisance arises or continues, or, if that person cannot be found, the owner or occupier of 'tha premises on which' the nuisance arises or con- tinues, to abate the nuisance and to execute such works and take such steps as may be necessary for that purpose: ,~ ~ ___ """"iiiiiiiiiiii ................ -.... " .... --_--_""""" ....... ~~~~~~--~~~' "~~~~'-~-~=---~ 16TH,JANUARY, 1986 (PAUSA 2:.:6~, -=1=--90:...:i~)-----.:.~~ __ ,--_~ __ -, _______ --,--=:..pij=.T '. -.; ... (Ii) where the nuisance ari~es fronlallydefeet , of a' structliralcharacter, the notice shall be · . served on the owner of the premises; 'and "" ' "". . .: (b) where. the person causing tlWnUisance ,'. cannot be found and it is clear that the nuisance does not arise '01' continue by the act, default · .or sufferance of the owner or . the occupier, of . the premises, the Health Officer may. himself forthwith do what he considers necessary to .. ··abate the nUisance and to prevent a recurrence thereof. . . ,. 'l1.PoweroHocitl-authority to abate nuiSait<;e.- If the person on \vhom a notice to' 'abate a nili.sance has been served· under section 40 makes default In lW~plying with anyo.f its reql:lirements within the time speCified 'therein or if the mrlsance ·although abated Within such' time is, in the opinion of the loeal authority; likely to recur on thes!tm.e I1remis;es, the local authority may arrange for the execution of any works necessary to abate the nuisance or to' prwent'its ·'recurrence" as the case maybe, and may 'recover the cost . from ' such 'personsas if it Were a tax due to the local authority.: ,,: . . . ,-. . , . 42. Provision regarding houserenderoo unfit"for occupation by reason of nuisance. -Where, a J;1ouse Pr other building, is in \:he opinion of thE! 'ReaJth Officer, unfit fpr liUnlan habitation, by rea:;lOn of a nuisance existing·therein, he may·apply·toa· Ma" ¥i~trate to prQhil?it the. use of:,u?r. 9-ouseor bili.l~­ mg for hUI\lan' habitatlOnuntIllt IS rendered fIt ~erefor .. ' · ...... , 43~DisPosal of . articles ~mo~ while'· abating nili.sance.-(l).The Health Officer may sell any material which have been removed by him from any premises when executing works under this Chapter Or otherwise, carrying into effect the provisions thereof; if such materials are not claimed and taken 'away by the own.erbefore the expiration of seven days from the date on which they were rerp.oved by the local authority. (2) A Health Officer sellillg any materials under sub-section (1), shall pay the sale-proceeds to the person to whom the materials belonged after deduc- ting therefrom the. amount of any' expenSes recover- able from him by' 'such authOrity. . ". (3) The provision!> of this Section shall not apply to any offensive matter removed by a local ll,uthority under the Act governing such authority. I .' . . , . ~4. Powers of entry and inspection. -Any Officer of' the Public Health Department of the Government not below the rank of Health or Sanitary Inspector, may enter and insp'ect any prerllises for the purpose ,oj! enforCing any of the provisions. contained in this .'Chapter: .. Providedthat-'- '(a)nos)l~h entry shall be,mad~ between. sun- set. a,nd .sunrise except when, a nuisance is caused 'by anYthing don,? or. omitt~. to .. be done in the premises between sunset alld s'llnrise; . . (b) no dwelling house shall be SO" entered withou,t th,econsento.f t4~.O:<lcupim:thereQf,and ~'U!ilt)ss'h'il'l).as l,>E\enserv.ea.ai·leQl;t ~wenty-four , --, . ,'" '" -. -," -' , ... ,~ .. '., " .. ' ,,,., -. . hourS previous: notice of: the int~t~on.t.oc,l!l~ such entry; ", ..... e, .;', "".e ... <,. (c) sufficient·notice ·shall·in,every ;cam'.be given to enable the inmates' of, any" ll.partn1ent approrriated to women to withdr;tw,to sorne I?art of the prelllises Where their priv,l.Cy'may:be preserved; and, ". " .' . (d) due regard shall be paid,so far~s: may: be compatible with the'exigencies of the purpose' of -the' entry to the·' social and religiOUS: :lI-sages of the persons residing in 'the premises. ';' .. L; . . '," __ : " -.r -:,-::~>::).':':-: 45. Nuisance caused by act or .omission' {)lri,~dll . localarea.-If a nuiSance under this.Act .within, Or .affecting any part of a local area:,.appea,m. :t9 be wholly or partly caused by someact,or,:d,efalilt committed or taking place outsidesuch:local,carea, the Health Officer may take or. cau~be taken against any person in respect of such actordefa'ult any proceediligs in relation to'miisances, calitlfurisea by this Act in the like cases and, with the ;lik~dnci" .dents and consequences as if the act or default. wer'ecornmitted .or took place wholly withiiJ. :such loCal area.· '. , .. . .", ,. . ,-',;; '.:-~ L-:.': 46: Pr.ohibiti.on .of the deposit of rnbbish,e.et.J. 'in streets, etc. -"--(1) No person shall deposit '<ir'caU$~ or suffer any rIlember of his family or hou!>e ho'la to . deposit ,;tnycarcasses of animals,. auy )lust" dirt, . dung, aShes, or· refuse, or fi~th;., eartJ.i~~~. or other rubbish, or any other thmgwhlch IS or'rnay be a' nuisanQe in any a street, or in 'anycarcp ~er a street, or in any drain beside a· street; .'01' ')olil1any open space?r ~n ll,llyquay, jetty or landing ,place of or any part of th~,: sea-shore, or on the bank of any water"course, except in sucllreceptacres as: may . be provided at such places, in such manner antl nt . iluch. hours, as may be fixed by the local·ll.u¥ty. (2) No p~rson shall causehinl~elf or cause,pEirlDit or suffer any member of his family '01"household to ease himself in any such street, arch', drain\, Upen i!paCe, quay, jetty, landing place, Sea-JlhOl:e .or. bank .' aforesaid.'·.··'.' '. . ·;;::~:L.'>:, ... (3) Any person ,easing himself\jn;cIU1Y',.private open space shall immediately cover up the excreta with earth. . ,.... , ,. CHAPTER vn Preventio~, :notificafion and treatment 'of-diJ;eases; :-. . , - -'-' . --" --'. ", ~ 47. Infecti.oUS diseases. -For the purposes of''thiS part, 'infectious diseases' means (a) ac~te influen- zal pneumonia, (b.) anthrax, (c) cerebrespinal fever; (d) chickenpox,(e)' cholera, (f) diphtheria, (g)'!en,. teric fever, (h) leprosy, (i) plague, ,(0) rabies, (k) relapsing fever, (I)' smallpox, and any other' qisease which the Government may from timE) to ti,ine,-'by notification, declare to bean infectious disease either generally throughout the Union territory or 'iii }such .part or' parts thereofa~ may be specified in the notification. . "', 48. Appointment ofadditiooal health. sta,ff.7' (ll· 'In the event of the prevalence or. threatened'out- break, of any infectious .diseasein ally 19¢aC1u-ea, or of, any unusual mortalityilierein, 'the" l<?cai' ,aUtho- rity concerned 'shalk'pl!6Vide such 'additional'iitiiff, medicines, . applianc~siequipments; and" other.things as may, in the opinion of. the Health ·Officer; . be tl~ for the treatment of suc~ infectious ?iBea~ , ses ,and preventing it from SPrea.?lng: or for m~es­ tigatlI\.g, the cause of such ,mortality and preventing it, as the c8.se may be: ' , PrOVided that, if the local authority ~oes not agree 'with the opinion of the, ~ealth OffIcer, th.e matter shall be referredto'the Director whose decI- sioo shall be final. SERIES ,I No.; ,42' 51. Medical prllCtitioners to give" information, of: certain infectious diseases.-Every medical, prac- titioner who in the course of his practice becomes, cognizant ()f: the existence of, any, case of enteric fever or tuberculosis In any private or, public dwel- ling other than a public hospital shall, if the case has not been already reported, give information of the same with the least practicable delay ~ (a), In a local area, to the local authority concer- , ned; and , ' (b) In any other ~rea, to the Health Officer" or a Health or Sanitary Inspector; " ,(2) In the event aforesai?, if. the Health <?£ficer considers that immediate action IS neces~ m !he Interest of public health, he may, notwll;hl!tandmg anythlng contained In sub,~tion (1),. appomt s~ch staff ,and obtain such medicmes, appliances, eqUIp- menta and other things as may be necessary; and the ,eXpenses ,Incurred In respect' the!"eof shall be metftOmthe funds of the local authOrity. , Explanation. -In this section 'medical practiti- , oner'lncludes a hakim or vaidya whether registered' or not. "'j (3) : Every appointment niade under ,sub-section (2) shall be reported forthwith to the local autho- rity concerned. ' ; 49. ,Provisions and maintenance of isola~on bos- pitals and Wards. -(1) (a) The local authOrity m~y, and if sO required b~ the Gq;v~rnment shall prOVide {)r cause to be prOVided hOSPItals, wards or other places for the reception and treatment of, persons sUffering fr0R:l. infectious diseases. , ,', (p)For the purpose of the reception and treat- ment of such persons a local authority may- (i) itself build such hospitals, wards or places , of reception, or ' , " '(n) contract f~r the' use of any existing hos- pital or part of such hospital or place of recep- tion, or " , , (iii) enter mio an agreement with any person having the management of any such hospital, for the reception and treatment therein of persons . suffering from infectious diseases. , (~) For the purpose aforesaid; two or more iocal authorities may In combination provide a common hospital or place of reception. (2) A local authority shall not be deemed to have discharged its obligation under sub-section (1) unless the hospitals, wards and places of reception In ques- tion are maintained In accordance with such general or special orders as may from time to time be issued by the Director. ' 50. Provision of ambulances, etc. -The Director, shall,- '(a) provide and maintain suitable conveyances, with ,sufficient attendants and other requisites, f()r free carriage of persons s,uffering from any infllctious d,iseases; and ' , (b)' provide proper places and apparatus and establishment, for the disIDfection of conveyan- ces, ,clothing, bedding or other articles which 1!A~ebeeh >exppsed t<>illi'ection, and when, any C9D.veyances, clothing, bedding or articles are, . brought to any ,such,p!age for disinfection may "c;a1ll1 e them,at.:its ,g;scretion, to be disinfected, ,~it~er i'ree.<>f ,charge"oronpayment of stich fee " a,il1tmay ~;,j" , ,'Cj 52. Prohibition of the, use of water mMuspected source. -(1) If it appears, to the. Health Officer' that the .water In any tank, well or other pisee, if used, for drinking, or any other domestic purpose~ is liable to endanger or cause the. spread of any infecti~us disease, he may, by public notice, prohi- bit the removal for, use of the said water generally or for any specified domestic purpose and, shall '. direct the local authority to provide alternate source ' of water within a reasonable distance. (2) ,No person shall remove or use any water In respect' of which any such notice, has been issued in contravention of the terInS thereof. 53. Removal of infected pe~n to hospital. -:---,(1) If it appearS to the Health Officer that any persoIl' is suffering from' an infectious disease, and that , such person "- (i) is' without proper lodging or' accommo- dation, or ' (ii)is without medical supervision directed to the prevention of the spread of the disease, or- (iii) is lodging In a place occupied by more, than one family; or (iv) , is In a place where his presence is a danger' to the people In"the neighbourhood; and (v) should be removed to a hospital or other' place at which patients suffering from such disease are received for treatment, the Health Officer may remove .such persOn or cause him to' be removed to such hospital or place. ' (2) If any woman who, according to custom, does not appear In public is removed to any such hospital or place-. ' (i) the removal shall be effected In such a way' as to preserve her privaCy; and ' (ii) special accommodation In accordance with the customs aforesaid shall be provided for her In such hospital or place. ' (3) No person shallieavei or be taken away from, any 'hospital or other, place referred to in sub-seC- tion (1) ',wi.thout theperInission of the Medical' Officerln'ch;irge' or of the Health Officer., . ,(4) Whoever..:.. , ,'(a)o~ctsther~moval of any persOn to Imy 'hospi1;al-'Orother place -under Sub-section (1); 01"" .. ~ 16THJANUARl', 1986 (PAUSA 26,190"1) , • (b) Jeavf!S or takes away anYWrson from any ,such hospital or place, in contrav~tion: ,of ' sub~ -section (3), shall be punished withimprisonmenj; which may extend to three months or with fine, or with both. , M.Prohibition of the exposure of other wrsons -to infections. -(1) No wrson who knows that he is suffering from an, infectious disease specified in :this Chapter shall expose other persons to the risk ,.of infection by his presence or conduct in -'-, ' , (a) any market, college, playground, or such other place, or (b) theatre or other place of entertainment or assembly, or ' , (c) any hotel, hostel, boarding house, choultry, rest-house or club, or , "58. ,OccuPati(in of houses ,to prevent the spread of inf~on. -.(1) The Hewth Qfficermay, in cases ' of emergency, with the sanction of the Collector enter upon, occupy and use, or depute any wrson to enter upon, occupy and use, without having' recourse to the prOvisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), any building or place which in the opinion of the Health Officer, is required, and is suitablef!?r any purposes connected with the preventiolf or control of infection from Ii' notified disease: ' ' Provided that, if the building or place il! occupied, notice shall be given in writing to the occupant, or be conspicuously affixed on such building or place not less thari thirty-!!ix hours pefore it is entered upon. , (d) any f;wtory or shop. Explanation. -A "person shall be deemed, to :know 'that he is, suffering from' an inf~ctious ·diseasewithiri, the meaning ,of this ,sub-section if h~ has been informed by the Health Officer orariy i)ther officer of the PUblic Health Department of tlieGovernment or of a local authority, not below -the 'rank of Health or Sanitary Inspector or a Medic,al Practitioner that he is so suffering. (2) The oWlieror lessee of such buil_,pr, pIaCe , shall be entitled to comwnsationfor any damage or exwnsesincurred and to a reasonable rent' for, the period during which it had been occupied or used for any of the purposes referred to in ~ub-section,(l). Such compensation and rent shall be fixed by 'the Collector.' , , -' • (2) No wrson who has the care of a ,person whom he knows to be suffering from an infectious ,msElase shall' cause or permit that person to expose others, to the risk of infection by his presence 01;" , conduct in any place referred to in sub-section (1). 55. 'Infected WrsriD. not ~ engage in certain, trades ,and occupations, -No person 'shall, while, suffer- ing from, or in circumstances in which he is likely -to spread, any infectious disease -' (a) make, carry, or offer for sale, or take any part in the business of making, cariying or offer- ing for sale, any ,article of food for human con- sumption; or (b) engage in any other occupation without a special permit from the Health Officer of the local authority concerned or otherwise than in accor- dance with the conditions specified therein. ' 56. Prevention of 'infectious diseases transmissible 'from animals. -If, i'n any local area, any infectious .nsease transmissible to man breaks out or is, in the -opinion of the Health Officer, likely to break out ,amongst cattle or other animals it shall be the duty ·of the Health Officer to recommend to the local au~ -thority the adoption of such measures as he may deem necessary for suppressing or 'mitigating the -disease or for preventing the outbreak or threatened ·outbreak' thereof; and the local authority shall ,consider such' recommendations and take such action 'thereon as to it may deem suitable, ' PART II NOTIFIED DISEASES 57. Notified diseases. -In this part, "notified' ,disease" means, any disease which: the Government may, from time to time,by notification, declare to be a notified disease for the purpose of this part, either generally throughout the Union t~rritory or in ,such part or parts thereof as, may be specified in the noti~, :fication. .,,', ' , (3) The He8lth Officer shall, when any such bUild· ing or place ceases to be occupied or :used for any of the purposes aforeeaId, cause it to be thoroughly disinfected and cleaned. ' , 59. ,Information regarding notified disease. -', Every medical practitioner, who in the course of his practice becomes cognizant of the existence of any notified ,disease in any' private ,or public dwelling Other than a public hospital and every manager of any factory or public building, every keewr of a lodging house, every head of':ffamily and' every owner, or occupier of a house, who knows or has reason to believe that any wrson in any premises under ' his management, control or oCcupation is' suffering from, or has died of a' notified disease, , shall, if the case has not been already reported, give information of the same with the leaSt practicable delay-' (a) in local areas, to the local a)lthority, the Health Officer, or a Sanitary Inswctor, and (b) in other areas, to the Health Officer, a Health or Sanitary Inspector or the villageSar- panch . Explanation. -In this section, 'medical practitio-' ner' includes a hakim or vaidya, whethet registered ' or not. ' 60.Pow&rof entry of Officers to take preventive nieasures.-(1) The Health Officer or any person authorized by him in this behalf; may- (a) at all, reasonable hours;, inswct with or without assistants any place in which any noti- fied ,disease is reported or suspected to exist without notice in the case of factories, workshops, work-places, offices and the like and' after giving stich notice as may appear to him reasonable in other cases; including dwelling houses; and ' , (b) !ake such measures as he may consider necessary to prevent the' spread of such disease beyonds ll ch place. ',.. ,', ,,,' ;' _: I :! . " [' i' I, , I' ~r! t 'I I I i I \., (2) The powers conferred by sub-section . (1) on the Health Officer: 'may,jn loCal areas;· be eX~roilied also.by'the local authority or any person authorised by-such authority. '. " '.' ,. ,. , ., , "" .' .' . '. ". 61. Destruction of hut or sli(id to prevent ~P~i1 ofilifectio~. ~ (1) If it appears to' the H<~alth Officer that the destruction of any hut or shed is, necessary to prevent the, spread of any notifi~d diselj.se, he may,. after giving to th,e oWner and ,the Occupier of such huf:or shed stich'previous .notice of his intention. as may in the circumstances of the . case appear to him reasonable, tak", measures for hving snch hut or shed and all the materials there- of destroyed. . (2) Such. compensation as ,the local'authority may consider reasonable, Shall be .paid to anY per- SOn who in Its Olllnionsnstains loss by the destrnc- tionofan-y 'nut or sheduhder the powers conferril4 by sub-section (1) l>ut' save as pfovided iri this' sUb~ . ~se-ction, no claim for COmPEmsatiOri shall lie. fo~ an:\> . loss or damage"caused byaIiy exerCise of the powers aforesaid.' . . , . ',. . .. . 62 .. C~osure !>f 1000ging i).ouses.--.; 11;, .on the appli- cation of ,the Health. OfficeJ:", a Magistrate is' satis- ~ied that .it is 'll.ecessary ,m the interests of public nealth that a lodging houseor.any place where articles of food· are sold, or prepared, or expo- sed. ,for, sale, . or diStributed, should' be closed on account of the existence or ·recentoccurrence·'Jn 'Ouch lodging house or place of Ii. case ofp.otified diSease,' the Magistrate may; by order, dITect it ,to be 'closed uhtilthe expiry of such period' as may 1;le specified iri the orderbr Mtll it is certified by the Health ()fficerto be free from infection. . . 63. Infected clothes not to be sent to laundry.- No person shall-. . (1) send or take to any laundry or public wash~ . -house' or any public water-course,tank or well, . for the purpose of being washed or to any place. for the purpose of being cleaned, any clothing, bedding or other article which he knows t() have been exposed to infection from any notified disease, unless such -;:trticle. has been disinfe\,ted by or to the. satisfaction of the· Health Officer or a registered medical practitioner, or unless . ,under,in~tructions .from such a person, it is sent "o/ithproper precautions to a. laundry for the purpose of disinfection with notice that it has been expo'sed to infection; or (2) pl~ce or cause or permit to be placed in any dust-bin ·or other receptacle: for the deposit of refuse any matter whiCh he knows to have , been exposed to infection from a notified disease and which has not been disinfected.' ' 64. Infected persons not to use public convey- ance~ ..:... (1) No person who knows that he is suffer- irig from notifiEl(! disease shall '-.' (a) enter any public conveyance us",d for the conveyance of. passengers at separate fares, or . . , . , ' .' . (b) enter'any other public conveyance;' '.: "{2) Nbperson having 'the care of ·aperson when, he knows to be sUffering from a notified disease shall permit thatt>erson to be 'carried-' . .' ,- '(a)ln any public conveyance used fOl-'the conveyance 'of passengers at separate fares; or- . (b)iriany other public conveyance, without ,:pr.eviously notifying the :owner; driver or eon- ·ductorthereof ,that the person is so suffering. .. .",. (3) The owner, ,driver or conductor of a public conveyance used,Jor the. conveyance of passep.gera- at separate fares shill not convey ther.,in a person whom he knows. to be suffering from a notified diseaSe, at any time when a passenger not suffering' from such disease is being conveyed therein:' . . ,,'Provided that it person Suffering fro~ a notifjed disease may be conveyed in the public. c~ance aforesaid in such cases ·of emergency 'and subject to such restrictions and safE'lgUards as may bE! noti- fied by the Government: '. . . '(4) The ownerordriv~rof:my other pu~liccon~ veyan<:e maY' refuse to convey therein . anyperso~ sUffering from a notified disease until he ,has been paid asuin sufficient to cover any loss and -expense- which wiUbe incUrred by reason of the provisions- of sub-sections' (5)'and (6). . . ,(5) If a person' suffering from a notified disease-, is conveyed ina publlcconveyance', 'the person in- charge 'thereof shalf as .soon as 'practicable gi;,e- notice to· the'· Health OffICer of·, the . local . area' m whiclitheconveyance is usually kept' and before permitting any other person to enter the conveyance . shall cause it to be diSinfected. ' .... ,(6) The local authority when sorequested by the person in-charge of a. public conveyance in. -which a person suffering from a notified disease has. been conveyed shall provide for its disinfection . " . . . . 65. Lettirig or siIb-Iettirig a building occupied by an infected person. ~ No person shall, without a special permission, from the HealtJ:1, Officer; let or sub-let or permit or suffer any prospective tenant to' enter a building in which he .knows or hall reasons to know that a person has been' suffering from a notified disease within the three months immedia- telypreceding. 66. Prohibition of. exposure of other . persons- to infection.-(1) No person who knows,that he is ,sUffering from a notified disease shall expose- other persons to the risk of infection by his presence' or conduct in -' (a) any. street or public place, or (b) . any market, theatre or other place of' entertainment or assembly, or (c) any school, college, playground or such 'other place, or (d) any hotel, .hostel, boarding house, choultry, .rest-house, or club, or (e) any factory or shop. , Explanation, ~ A person shall, be deemed to know tQat he ~ suffetin,g from a notified disease withiri the meaning,or this sub-sE'lCtion if he has beenilifor- med by the H:e3.lth Officer or any other officer of the Public Health Department of the Government -----,"'--- 1B7'HJANUARY,1986 (PAUBA 26,1901) er of a Ideal authority, not below the rank of Iiealth ·Officer or Sanitary Inspector, or a.medicalprac- titioner registered under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) that he is so suffering. . (2) . No person who has care of a person whom. he knows to be suffering from a notified disease shall cause or permit that person to expose others to risk of infection by his presence or conduct in any place referred to in sub-section (1). .' 67. Forbidding work in infected premises. -(1) If a case of notified disease occurs on any premises, . the Health Officer may, whether the. person suffer-. ing from the diseas.e has been removed from' the premises or not,make an order forbidding any work to be given out to any person living or working on those premises or in such. Pll-rt . thereof as may be specified in. the order, and ,any order so made be served on the occupier of the factory from which the work is given out or on any contractor employed by the occupier. . .... . (2) An order under this section may be. expressed to be operative' fora specified time or until the premises or any part thereof speCified in the order have been disinfected to the satisfaction of the Health Office"r, or be expressed to be operative so long as any'other reasonable precautions specified in the order are taken. . (3) This section applies to the making, cleaning, waShing, altering, ornamenting, finishing or repair- ing· of wearing apparel and' any work incidental thereto, and to such other classes of work as may, from time· to time, be notified· by the Director. 68. Prohibition of use of public library by infectoo person. -No person who knows that he is suffering' from a notified disease shall take any book or cause any book to be til-ken for his use, or use any book taken from any public or circulating library. 69. Disposal'of bodies of persons dying while suf- fering from' notified disease. -(1) No person having the charge or control of the body of any person who has died while suffering from'a notified disease shall permit or suffer persons to come unnecessarily into contact with, or proximity to, the body. " (2) No person shall, without the sanction in writing of an officer of the' Public Health Depart- ment of the. Government or of the local authority concerned not below the rank of Health Officer or Sanitary Inspector, retain in any premises (else- where than in· a public mortuary) for more than .twelve hours the body of any person who has died while suffering from any·notified disease. . (3) (a) If any such body not being a body kept in a mortuary remains undisposed off for more than twelve hours without the sanction referred to in sub-section (2) , or if the dead body of any person is retained in any building so as to 'endanger the health. of the inmates of such building or of any· adjoining or neighbour~ ing building, any Magistrate may, on theapplica- tion of any officer referred to in sub-section (2), order .thebody to be removed and disposed off within a specified time. 56i (b) A Maglstrate may,in the case' of the body of a person who has died while suffering from a notified disease, or in any. other case in which he considers the immediate disposal of the body neces- sary, direct the body to be so disposed off, unless the friends or the relatives'of the deceased undertake the disposal of the body within a time specified .in the order. . . . (c). The expenses of the. removal and disposal of any body under clause. (a) or clause (b) shll-ll be borne .by the locll-I authority; but such expenses may be recovet:ed as if it were. tax due to it, by the locll-I lI-uthority from any person who' would hll-ve been . legally 'lill-ble . therefor but for such removal and. disposal,unless' in the' opinion of the local authority he is to<> poor to do so,. . . (4) (lI-) If· 'any person dies in abamitll-l or. a place of temporll-ry .accommodation ·ror"the sick while '. suffering from a notified disease, and the He~th Of!icer certifies that in his opinion it is d.esn-able, m order to ·prevent the' spread of' infec",;,,t., tion, that the body should not be removed froiii;J':'f~" such.h~ital or place e~cept for the purpose of be~:'/)~~ taken direct to a bUrIal of burning ground or a;:: 'c! . crematorium for being forthwith buried or crej!%~, mated,. no person shan remove the body from the ",-" hospital or place except for such' a purpose. . (b) When a body is removed for the purpose aforesaid it shall forthwith be taken direct to a burial or. burning ground or Ii: crematorium and there buried or cremated with the least practicable delay. ! (5) Without the permission of. the Health Officer or a Magistrate, no person shall cause or permit to be carried in a public conveYll-nce the dead body of any person who had died while suffering from a notified disease .. 70. Power of Magistrate to prohibit an assembly of more than fifty persons. -In the event of the prevalence of a notified disease in. any local area, on the application of the Health Officer, any Magistrate, not being a Magistrate of the. third class, having Ideal jurisdiction' shall have. power to prohibit either generally or by special order in . any individual .case, asseinblages consi!>ting of any number of persons. exceeding fifty in any place whether public or private or in any circumstances, or for any purpose, if in his opinion such as assembla- ges 'in'such place, in such circumstances, or for such purpose, would be likely to become a· means of spreading the disease or of rendering it more virulent. . 71. Power of Government to confer special powers on officers to control notified disel!-se. -(1) (a) In the event of the prevalence or threatened outbreak of a notified disease in any place or area, Govern- ment may declare that such place or area is visited by or threatened with, an outbreak of such disease. (b) The power conferred on the Government by clause (a) may also be exercised, in the case of a place or· area situated in a district, by the Collec- tor of the district· subject to the control of the Government. . '. ,(c) Any declaration made by the Government UIider clause (a) or withdrawal thereof in whole !. )1 I. or in part. Shall be published in the Official Gazette and shall come into operation on the. date of such publication. (d) Any declaration made .by the Collector under clause (b) or. withdrawal thereof 'in whole or in part shall be. published in the Official Gazette and shall .' come into operation on the date Of such publication. (2) When a· declaration under clause (a) or clause (b) of sub-section (1) comes into operation, and until withdrawn, the Collector or any person duly authorised by him by general or special order, or if empowered in this behalf by rules made under this Act, the Health Officer or any other officer of the Government other than the Collector. may, subject to such exceptions, restrictions, . limitations and' conditions as may be prescribed either gene- rally or in the case of the notified disease to which the declaration relates,'. exerCise the following powers,nainely: -..' '(a) power ,to order the evacuation of ,infected . ,hOuses and' houses adjoining' thein or' in· their neighbourhood, or generally of all houses in' an infected . locality; (b). power to make vaccination and preventive innoculationscompulsory subject; to the provisions of sub-section (3); . (c) power to direct- (i)' that persons arriving from places outside the . local area, 'or residing in any' building, adjacent . to, or in the neighbouring of,' an infected building,. shall be examined by any' specified medical officer or by anyone of a specified class of medical officers; (ii) that the clothing, bedding or other articles belonging to such persons .shall be disinfected, if there is reason to suspect that they have been exposed to infection; and (iii) that any such person shall give address and present himself daily for medical examin- ation at a specifiedUme and place, fora period not exceeding ten days,; . . (d) power to take such measures as may be necessary in respect of, or in relation to,articles , exposed to infectio~ from' any notified disease; or likely to. infect personS with any such disease, including (i) the placing .of r~trictions ontb.e movements of such persons, and (ii). the des- truction of such articles and the placing of res- trictions on' ·their export from, import into, or transport within the local area; (e) power to direct that any consignment of grain exported into such area by rail, road or otherwise, shall be examined and, if necessary unloaded and disinfected in any specified manner; (f) power to ·close all or any existing markets and to appoint special places where markets may 'beheld; and . . (g) power to direct the local authorities to take such measures as may be necessary in respect of . cattle within. local area; (3) (a) If any' person who, or a child in whose care, is sought to be vaccinated or ·innocuIated in pursuance of . the power referred to incla1ise (b) .. SERIES'[ Ni>.~ of SUb-section (2) declare before a Magistrate specially empowered by the Government in this behalf that as a result of a careful inquiry into the subject, he believes that such vaccination or innocul- ation, will be injurious to his health or the health of the child,as the case may be, the Magistrate may,after giving notice to the Health Officer and hearing any representation by him or on his behalf exempt such person or child from 'vaccination or innoculation, on such person aforesaid undertaking to subject himself and the members of his family to isolation of such description and for such period and to such further restrictions, if any, as niay be, directed by the Magistrate: ' . Provided that any exemption granted under this clause shall' Cease toha.ve effect after' a conviction underclause(b)a.ud n6exemption, shall be. granted to any person who has been SO convic~" . . .'. (b) Any person who commits a breach of any UJidertaking given by him undercIause (a) .shall be punished with imprisonment which may extend to three months, or with fine or with both. . (4) The !ocalauthority ma.y, in its discretion give compensation to allY person who, in its opinion has susta:tned substantial loss by the destruction of any property under the powers conferred by this section but save as provided in this SUb-section, no claim for compensation shall lie for any loss or damage caused by any exercise of the .powers aforesaid. 72. Destruction of rats,mice, etc. -(1) The Occu- . pier 'of every premises, or if the premises are ·unoc- cupied, .the owner thereof, shall, take such steps IlS may be reasonably practicable 'for the destruction of rats, mice and other animals susceptible to pIa- gJle infecting such premises. (2) Where the H~lth Officer is of the opinion that the occupier or owner of any premises has failed to fulfil the' obligation laid on him by sub-section . (1), he may either- (a) serve a notice on such occupier or owner, requiring him to take such steps and within such time as may be specified in the notice, or . (b) . enter upon such P'l'emises and ,take such steps 'as may be necessary for the p1U'pose of . destrOying the rats, mice and other animals sus c ceptible to plagJle infesting the same, after giving not less than twenty~four hours previous notiCe to such occupier or owner. . . (3) Any expenses incurred under clause (b) of sub-section (2) inay be recovered by the local authority concerned from the occupier or owner as the case may be, as if it were a tax due from him to the local authority: ' PART m' v enereaI, -Disea8es 73. Provisions for treatment of venereal diseases by local authority. -(1) A local authority may, and if so required by the Government shall, make '. such arrangements in its local area as'may bedirec· ted by the Government for- (a) the free diagnosis and treatment of per- sons suffering, or suspected to suffer, from vene- real diseases; and 16,'l.'I{,IAKFARY, 1986 CPA USA 26,1901) ~ , .. ,. ". '.' . ----------'----------------..,'" (b) the prevention of infection from such diseases.' . (2) .The locaiauthority may for the purpose men-. tioned in sub-section (1)· enter into contract- (a) . with any other authority, or . . (b) with a hospital or medical institution recog- nised by the Government in this behalf, or (c) with the sanction of the Government with . ·.any medical practitioner registered under. the Indian Medical Council Act, 1956 (Central Act 102 of.1956). 74. Patient to be instructed in methods of preven- tion of spread of venereal disease. -Every phy- sician or other person treating. or examining with a . view to treating, a person having a venereal. -disease shall' at the first. visit - . (al imI>ress upon such person the necessity for treatment until he is cured; (b ) instruct him in regard to the measUres' . necessary for preventing the spread of the disease; and' . . (c) furnish him with such other information . relating to the disease as maybe provided by the Director. " PART IV Power to make BuIes 75. Rules for prevention, treatment and' con- -troI . of certain diseaBes. -The Government shan have. power to inakesuch rules as they deem fit for the treatment of persons affected with any epidemic, endemic or infectious disease and for pre- venting the. spread of such .diseases and the rules may' deClare by what authority or authorities such iillesshall be enforced and .executed. CHAPTERVllI Mosquito control 76. Prohibition of mosquito breeding in <:lOJlections 'Of water. -(1) If the provisions of this section have been extended to any local area, no person or local .authority. shaU, after. such eXtension- , . (a). have; keep or maintain within such area any collection of standing or flowing water in which mosquitoes breed or are likely to breed; or (b) cause, permit, or. suffer any water within such area to form a collection in which mosquitoes breed or are likely to breed, unless such collection· has been so treated as effectively to prevent such breeding. . . Explanation. -Troughs used for cattle and in frequent use' shall not, until the contrary is proved, be deemed to be collections of water in which mas- -quitoes breed or are likely to breed. . (n· The natural presence of mosquitoes c larvae . in any standing or flowing water shall be evidence that mosquitoes are breeding in sUch. water_ . '77. Treatmentof'mosquito breeding placeS. --'-(1) The';,'Health Officer may, .by·notiCein writing,re- quire . the owner or the occupier of any place con- taining any collection of standing or flowing water in. which mosquitoes breed or are. likely' to breed, within such time as may be specified in the notiCe, not being less than twenty-four hours, to take such measures with respect to the s~e, .or to treat the.' same by such physical, chemical or biological method being measures ora method, approved by the Direc~ tor, as the Health Officer may consider suitable in the circumstances. '. (2) . If the notice under sub-sectiOli (1) is served on the occupier, 'he. shall in the absence of a cont- ract· expressed or implied to' the contrary be entic tIed to recover ,from the owner the reasonable expen- ses. incurred by him in taking the measures' or adopting the method of treatment specified in the notice and may deduct the amount of such expen,ses from the rent is then, or which may~reafter be, due from him to the owner., ," .' 78; Health Officer's PQwers in caSl) of default.--'- If the person on whom a notice is served under sec- tion 77 refuses to take the measures, or adopt the method of treatment,specified in such notice within the time specified therein, the Health Officer may himself take such measures or adopt such treat- ment and recover the cost of doing so from the owner or. occupier of the property as the case n;.aylJe, in the same manner as if it were a' property tax.. . 79. Protection of anti~mosquito works. -Where with .the object of preventing the breeding of mos- quitoes in any land 'or building, the Government or.any local authority or the owner or occupier at. ,the instance of the Government or any local autho- rity, have constructed any works in such land or building, the owner for the time being, as well as the occupier for the time being, of. such land or building 'Shall prevent its being used in any manner which causes, or is likely to cause, the deterioration of such works,. or which impairs, or is likely to impair, their efficiency. 80. Prohibition of interference with such works. - (1) No person shall, without the consent of the Health OffiCer interfere with, injure, destroy or render useless, any work executed on any land or buildings, by or under the orders of' the Health Officer with the object of preventing the breeding of mosquitoes therein. (2) If the provisions of sUb-section (I.) are COll- travened by any person, the· Health Officer may re-execute the work or replace the materials or things as the case may be, and the cost of doing so shall be recovered from 'such' person in the same manner as if it were a property tax. - 81. Power of Health, staff to enter an" inspect premises. -For the purpose of enforcing the pre- visions .contained in this Chitpter, the Health Officer' or any officer of a local authority not below the rank of Health or. Sanitary Inspector may, at all reasonable time after giving such notice in writing as may appear to him reasonable, enter and inspect any land or building within his jurisdiction; and the . occupier' or the owner all the . case may be, of such land' or building, shall give all facilities necessary for such entry aM inspection,and supply 'an'such information as may be required by ,him for ,the 'purpose aforesaid. . . --_.---""'--------- CHAPTE~ ]X Sanitation and buildings PART r Control over Insanitary Buildings 82, New building not to be erected on certain siteS. -(1) No person shall erect a new building on any ground which has been filled up with faecal or offensive vegetable or, offensive animal matter' or upon which any ,such matter has been deposited, unless and until the Health Officer certifies that such matter 'has been properly removed by ,excava- tion or otherwise, ,or has'becomeor been rendered irino,cuous. (2) Against the refusal of the, Health Officer to issue a certificate under sub-section (1), an appeal shall lie to the, Government whose decision shall be final. 83. OIeansing eourt-yard or passage used in com- mon.,-(1), If any court-yard or paSsage whichis used -in common by the occupants of two or more buildings, but is not a public street, is not regularly 'swept and, kept clean ,and free from rubbish or other a.ccumulation to the satisfaction ,of the Health Officer, he may cause ~uchcourt-yard or passage to be swept and cleaned. ' (2) The localauthodtymay recover any expenses reasonably incurred by the Health Officer under sub-section (1) from the occupants of the buildings in such proportions ,as may ,be determined by'the Health Officer. , '84. Dwelling' house 'unfit, for human habitation to be vacated., '-'-(1) 'If any dwelling house or por- tion thereof, appears to the Health Officer to be unfit for the purpose' of human, habitation, he may, in cases not falling under section 42, a.pply to the local authority to prohibit the use thereof for such purpose, and such authority shall make an order prohibiting the use of such dwelling house or Portion for human' habitation until in the opiuionof the Health Officer it is rendered fit therrof: Provided that befo"';; making an order under this sub-section, the local authority shall give the owncr and the occupier or occupiers, if any, concerned, a, reasonable opportunity of showing cause why such an order should not be made. (2) VVhen any order has been made under sub- -section (1), the local authority shall cause ,:;t copy of the order to, be commrinicated to the owner as well as to every occupier concerned; and every such occupier shall be bound to cease to inhabit the dwelling house or portion thereof, as the case may be, within thirty days after the communication of the order to him. (3) The owner of any dwelling house, or pOrtion of a dwelling house, in respect of, which an order under sub-section (1) is, in force, shall not let or QCCupy, or permit to be leter occupied such dwel- ling house or portion or any part thereof, as 'a human habitation. SERIES J NeJ. '~ PAATll Abatement of overcro.wding 85. DefinitiOIis. _ In this Part -, (1) "tenement" means' a dwelling house and: includes, - (a) any part of a dwelling house which is, capable of separate occupation; and (b) a students' hostel under public or recog- nized control, but does not include a dwelling house or part of a dwelling house occupied by the owner thereof; and (2) ,"landlord" means the immediate landlord of the' occupier or occupiers of a tenement. 86. Duties of landlord. -A landlord ~"'''tene­ mente- (a) shall maintain it in a habitable condition'; and (b) except temporarily on occasions such 'aae marriage and the like shall not cause or permit the tenement to be oyercrowded: Provided that, no pl'oceedings shall be insti- tuted against the landlord in respect of any in- fringement by him of the provisions of this, section, unless a notice in writing that the tene- ment is' not in a" habitable condition or that it !s- overcrowded, has been serv<id upon the landlord or his agent by the Health Officer, and the landlord fails within such time as may be speci- ,fied in such notice to take such steps as may ,be reasonably open to him for putting the tene- ment in habitable condition or for securing the ,abatement of the overcrowding therein, as the , case may 1;)e, including, if necessary the taking of,' legal proceedings for possession, of ,the, tenement. 87, Power to make rules. 7--The Government shall have power to make rules ,for deterIn!ning- (a) whether ,a tenement or any class of tene- ment is or not maintained in a habitable condi- tion within the meaning of section 86; and (b) whether a tenement or any class of tene- merits is or is not overcrowded within the meaning of that section. CHAPTER X Fairs and festivals 88. Notification of fairs and festivals by Govern- ment. -(1) The Government may, by notification-' (a) declare that any local area or part of a local area in which a fair or festival is to be' ,held shall, for the purpose of this Chapter, be a notified fair or festival centre, for such period as may be specified in the notification; and (b ) define the limits of the area which shB.ll for the purposes aforesaid, be the site for the fair or festival. ' (2) The provisions of this Chapter shall apply only to fairs anpfestivals, inconnectioIi with which. a notification under sub-section, (1) has been issued. ,,~ 16THJANuAify; 1986 (PAUSA26, 1907) ; 89: Notice to be given oVaiI' or'feStival. --"" (1) the person or authority in charge ()f any fair or festival as' notified from time to tiIDe by the Government; in this behalf shaIl, not less than 15 days before the commencement, intiinate to the local authority and Health Officer, or in the case such fair or festival is to, be 'held within the jurisdiction or inore than one 10caI authority ,to each of the 10caI authorities concern,ed, the date of cpmmencement of such fair or festivaI, and the period for which it will last. . -." . (2) The person or authority in charge of ,the fair or :l'estivaI referred to in sub-section (1) shall also , furn,ish such other particulars relating to the fair or festival as may be caIled for by the loeal autho- , rity or Health Officer or any of the 10caI authorities . concern,ed. ' , 90. Sanitary arrangements, etc. -The local autho- rity within whose jurisdiction a fair or festival is held, or, if it is held within the jurisdiction of two Or more local authorities, any person or committee appointed by such local authority jointly, , shall make provision for~' (1) the demarcation and preparation of the 'site of the faIr or festival; (2) the clearing and draining of the site; " (3) the disposition of the several parts of the , ,fair or festival, including the alignment of ,roads within the site; (4) the suppfy, in sufficient quantities of water "fit :for drinking and cooking purposes for the use , of persons resorting to the fair or festival and the proper preservation of such water; , , (5) the accommodation of pilgrims and visitors, , to such extent as may be practicable; (6), the lighting of the fair or festival; (7) the supplyby suitable per-sons of whole- 'some food, at reasonable rates, to persons rescirt~' ing to the fair or festival and the proper super- vision ,and ,inspection of all food prepared or offered for sale 'or stored or in c()urse' of transit within the fair or festival; ", .'. (8) the collectillin, removal and disposal of ~e­ fuse, rubbish ani! sewage; <in the supply and ,mainten8.n:c~ of snitable latrines for the use of persons resOrting to the fair orfestival; , , (10) the detection and' segregation of cases , of infectious diseases and the prevention of the introduction and spread of such diseases; (11) the employment of adequate medical staff, the, provision of medical relief, and the furnishing of, hospital accommOdation both of, general and isolation purposes; and ' (12) such other purposes as may be prescribed. ,91. Health Officer to snpervise the arrange.. , ments. -The arrangements mentioned in section 90 shall be executed under: the supervision and con- trol of 'the Health Officer concerned" or' if the fair or festival'is held within' the jurisdiction of 'more than one locarauthority, uni!er the supervision and control of the Health Officer of one of such local areas designated, by the person or Committee referred to in section 90, pr in case no' Health Offi- cer is 'sO designated under the superVisipn and control of the Health, Officer concerned Within their respective local areas. 92. Power to enter and seize unwholesome food. - (1) The Health Officer, or, Health or Food Ins- pectoror'the local 'authority or' of any of the local authorities' concerned, or any officer of the Govern- ment or, of any such locitlauthority appointed by the Government in this behalf may -' , , ' (a) enter and inspect any building or shop in the fair or festival which is a source of food "supply; , (b) for the purposes of inspection~li&ve access to any, source of water-supply on such or within such distan,ce therefrom as the Government may, by general or special, order,determine; and (c) seise any food prepared or offered for sale or stored or in course of transit within the fair or festival centre which he has reason to believe. is unwholesome or unfit for human consumption, and destroy the same forthWith if in his opinion, such food is of a perishable nature or the value thereof , does not exceed three rupees. (2) (a) Any Officer seizing any food under clause (c) of sub-section (1) shall, if it is not destroyed under that, clause, report the seiz1ll'eto ,such autho- rity or person as may be prescribed in that behalf. (b) If ,the authority or person aforesaid' is of opinion that the food is unwholesome or unfit for human consumption such authority or -person may, , by order in writing, direct the food to be destroyed; , and any expenses incurred in this behalf' including the cost, if any, of analysing the food or a sample thereof, shall be recoverable from the person from whom the food was seized, as if it were' a: tax due from him to the'local authority or any of the local authorities concerned." ," (c) If, the authority or person, aforesaid is of. opinion tbatsuch, food is wholesome and fit for human consumption, the food snail be returned to the person from" whoin it was seized and the cost, if any, of analysing the food or a sample thereof' shall be borne by the local authority or local autho-, rities concerned. . , ' , '93: Occupation of building, etc. required in c&n C nootion with falr or festival. -(1) The localautho- rity may, incase of emergency with the sanction of the Collector, depute any person to enter ,upon, , occupy and uSe, without having recourse to the 'provisions of th!,Land Acquisition. Act, 1894 (pentral Act'l of 1894), any land or any build- ing not being a dwelling house in, the notified fair or festival c!mtre which in the opinion of the Health Officer, is required .and is suitable for any pur-' poses connected with the fair or festival, such as the construction of pilgrim-sheds, water-sheds, hos- pitals, segregation sheds, latrines and the like: Provided that if the land or building.is occupied, , notice shall be 'given in writing to ,the occupant or be conspicuously affixed. on such land or building, ' II 1\ I' " i ~ 5,66, not less than twenty-four hours before it is entered upon. (2) The owner or lessee of such land or building shall be entitled to compensation for any damage or expenses incurred, and to a reasonable rent for the period during which it had been occupied or used for, any of the purposes referred to in sub-section i1). Such compensation and rent shall be fixed by the Collector. ' (3) The' local authority shall, when any 'such land or building ceases to be occupied or 'used for any of' the purposes aforesaid, cause 'it to be thoroughly disinfected and cleansed. 94. Control over private sources of water supply_ -The Health Officer may, by notice in writing, require the owner of," or, other person having control over any source, of' water-supply situated on the fair or festival site, or within such dist,ance ,therefrom as the Government by general or special order determine, to dose or disinfect such source within a specified time if, in the opinion of the Health Officer,it is likely to endanger or cause the spread ' of' disease amongst persons resorting to the festival ,or fair. (2) If the owner or person aforesaid fails or neglects to comply with any, notice issued under sub-section (1) within the time specified therein, the Health Officer may himself take the necessary action; and the whole of the expenses incurred in doing so or such part thereof as the Health officer , may' determine' to be reasonable shall be recovere,d from such owner or person as if it were a tax due from hin). to the local authority or any 'of the local, authorities concerned. CHAPTER XI General 95. Powers to impose conditions in respect' of certain services. -,---The Government, with a view to prevent spread of diseases,may, in respect of per- sons engaged in or serving in establishments like hair cutting saloons, laundry, hotels including res- taurants and bars" and, such other services Which may be notified from time to time" prescribe the conditions to be observ~d by such persons. CHAPTER XlI Rules. bye-laws'; penalties, etc." 96. Power of Government to make rules.-(1) The Government shall, in addition to the rule-making powers conferred on them by, any other provision contained in this 'Act,' have power to make nIles generally to carry out the' pUrposes of this Act. (2) In particular and without prejudice' to the generality of the power conferred by sub-section (1), the Government may make rules -' fa) with reference to all matters expressly required, or allowed, by this Act to be prescribed ; and , 97. Penalty for breach of rules. ~ (1) In making a rule under section 75, the Government may provide that a breach of such rule shall ile punishable with imprisonment which may ,extend to three months or with fine or with both. (2) In making a rule under any other provision contained in this Act, the Government may provide that a breach of suc,h rule shall be punishable - (i) with fine which may extend to one hundred !'Upees and in case of a continuing breach, with, fL'lcwhich may extend to thirty rupees for every day during whlchthe breach continues after conviction for the ,first breach; or . (ti) with fme which may extend to twenty rupees for' everyday during which the breach continues after receipt of notice from the local authority or the Health Officer to discontinue such breach. __ '" 98. Bye-laws by local authorities.-. Any local authority may ,make bye-laws not inconsistent with this Act or the rules made thereunder or· with any other law, for carrYing out all or any of the purposes of this Act. 99; BreaCh of bye-laws. ~ In making a bye-law the local authority may provide that a breach thereof shall be punishable:- (a) with. fine· which. may . extend to fifty rupees, "and in· case of a continuing breach with fine which may extend to fifteen rupees for every day during which the· breach continues after con- viction for the first breach; or (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt'. of notice from the local autho- rity or the Health Officer· to discontinue such breach~ . . , 100. Procedure for making or altering bye - laws. - In regard to bye-laws made by a local authority under sections 98 and 99, the procedure laid "down in the Act governing the local authority shall apply. .. . . 101. Penalties for offences agalnst Act, ete.- (1) Whoever- (a) contravenes any of the provisions of this Act; 01' (b) contravenes any rule or order made Under any of the provisions so specified; or (e) fails to comply with any direction lawfully given to him, or any requisition lawfully made ,upon him, under or in pursuance· of any of the provisions of this Act shall be punished with . fine . which may extend to two thousand rupees. (2) Whoever after having convicted of - . (a) contravening any of thll provisions of this Act; or (b) contravening any rule or order made under any of the provisions so specified; or ' (b) regulating the situations in which, sanitary conveniences for the use of the public ,shall be' ,constructed by, a local authority, and the number of such sanitary conveniences. (c) failiri.g to· comply with any· direction law- fully given to him; or any requisition lawfully made ,upon him, under or in pursuance of any 6f the provision continues to contravene the said provision or. the said rule or order or continues 16TH JANUARY, 1986 (PAUSA 26, 1907) t~ fail to comply with the said direction or requi" sition, shall he punished for each day after the previous date of conviction during which he con- any offe'n.ceagainst thisAct or the rules orbye'laws . . made thereunder which may, by rules made by the Government, he declared compou'ndable. . tinues so to offend, with fine which may extend· to fifty rupees. . 102. Penalty for preventing entry of local autho- rity or Health Officer. ~ Every person who pre- vents the local authority or the Health Officer or any person to whom the local authority or the Health Officer has lawfuily delegated his powers of entering on' or into any land or building from exercising his lawful power of entering thereon or thereinto, shall be puuished with simple imprison- ment for a term which may extend to one "month or with fine which may extend to five hundred . rupees, or with both. CHAPTER XIII Misc~lIaneous 103. Appeal aga,mst decision of Health Officer. - Any decision of the Health Officer against which an appeal: is not otherwise provided for in . this. Act" shall he subject to such appeal as may be prescrIbed. 104. Method of !!Ilrving notices. -(1) When any notice is req1jj,red to be" given by this Act or by any rule, bye-laws, regulation or order made: under it, such notice. shall be given -" (a) by giving or tendering the' notice to such person; or . (b) if such person is not found, by leaving such notice at.his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or (c) if such person does not reside in the local area and his address elsewhere is known to the . local authority, by sending the same to. him by' post, registered; or (d) if none of the means aforesaid be available. by affixing the same in some conspicuous part of such place of abode or business. (2) When the person is an owner or occupier of any building or land, it shall not be necessary to "nallie the owner or ~cupier inthe'notiee, and in the case of joint owners and occupiers it shall be suffi- cient to serve it .on, or send it to, one of such owners or occupiers; . 105. Cognizance of offences against Act. -. No person shall be tried for any offence against the proviJolions of this. Act, or of any rule, or bye-laws made under it, unless complaint is made within three months of the commission of the offence by the Police, or the lo.cal authority or the Health Officer, or by a person expressly authorised in this' behalf by the' local authority, or the "Government: Provided that nothing contained in this section shall affect the provisions of the Code of Criminal . Procedure, 1973 (Act 2 of 1974), in regard to the power of certain Magistrates to take cognizance of offences upon . information received or upon their own knowledge or suspicion. . -./" 106. Power to compound offences. -The local authority or' the Health Officer may compound i07.Powerto police officers toa1'rest offenders against Act, etc. -Any police officer. who· sees a person committing. an offence against any . of the provisions of this Act or of any rules or bye-laws made thereunder, may al'l."est such person, if' his name" and address are unknown to the. officer and such. person on demand declines to give his name and address or give a name and address which the officer has reason to believe to be falSe~ 108. Powers of public health staff to a1'rest offen- ders against Act, etc. --, Any memher of the public health establishment of a local authority not below the rank of a Health or Sanitary Jnsp"~ or Food. Inspector who sees a person committUii\""offence against any of the provisions of this Act in the area . over which" the local authority has jurisdiction, "may arrest such person if his name and address are unknown to and such person on demand dec- lines to give his name and address or give a name and" address which snch officer has reason to believe to be false. Any person so arrested shall he handed over to the Officer-in-charge of the nearest police station as expeditiously as possible. 109 .. Procedure after a1'rest. -Any person arrested for an offence" under this Act shall he informed, as soon as may be of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from" the place of arrest to the COurt of the Magistrate and no such person shall be detained in custody heyond the said period without the authority of a Magistrate.. " 110. "Bar of suits and prosecutions in certain cases. -(1) No suit, prosecution" or other proceed- ing shall lie against any local authority or against the Government or any officer or s<:,rvarit of a local ;l.uthority, or" of the Government, or against any person appointed" under section 11 of. this. Act, for any act done or purporting to be done "under this Act; without the previous sanction of the Govern- " ment. (2) No local authority, officer or servant of any local authority or of" the Government and no perc " son appointed under section 11 of" this Act, shall be liable in resPect of any such act in any civil" or criminal proceeding" if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed" by or under this Act. 111. Punishment for malicious "abuse" of powers. _ Any local authority or any officer or servant of a local authority or of the Government, or any per- son appointed under section 11 of this Act who maliCiously abuses any powers confe1're(l on him by' or under this Act shall be punished with imprison- ment which may extend to one year or with fine which may extend to one thousand rupees or with both. . Explanation; -No prosecution shall be instituted " " under this section without the previous sanction of the <;overnment. ". " " " . 112; Delegation of powen,'by Gove~ent.-The Government may,bynotification and subject to any restrictions, .. limitations and. conditions specified therein, .authorise ·any person to exercise anyone or more of the powers vested in them by this Act and may in like manner withdraw such authority: Provided that nothing contained in. thissectioD. shall apply to any power of the Government to make rules under this Act. . 113. Act to override. other enactments. ~ If any provision relating to public health contained in any ., " ". ' . SERIES I N{! ... 42 other enactment in force in this Union territory is repugnant to.anyprovision contained in this Act, the provision of this Act shall prevail and the pro- vision contained in such other Act shall to the extent of the repugnancy; be void. Secretariat, Panaji-Goa. " .• '. M.RAGHUCHANDER -Law. Secretary to the Government of. Goa, Daman arid :Diu Law Department (Legal Affairs Branch) Dated: 9th December, 1985: . GOVT. PRINTING ERESB -'GOA. (Imprensa Nacional,-':" Goa) . PRIOE -Ro. 2-00 Po.