Chapter III Chapter III

Wherever a local authority has made a provision for supply of drinking water for consumption by the inhabitants of the area within its jurisdiction, it shall ensure,— (a) that as far as possible, the water-supply is continuous throughout the year; and (b) that the water supplied is at all times wholesome and fit for human consumption.

(1) If in the opinion of the Government, a local area does not possess a 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 Government 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 difficulties, shall execute the said works. (2) A local authority may, with the previous sanction 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 take on lease any waterwork, or any right to store or to take, convey water, either within or without the limits of its local area; and (c) contract with any local authority 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, reservoir, pond, or other source of water-supply whether within or without the limits of its local area (other than a 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 authority, only to the extent necessary for such purposes.

The Government shall have power to take water from any water-main belonging to or in the control of, a local authority for supply of water to any other area, subject to such payment being made to the local authority concerned and subject also to such other conditions as 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 authority to show cause against the proposal, and consider its explanation or objections, if any.

(1) The Collector or any other officer appointed by the Government in this behalf, may cause inquiries to be made in any local area or part thereof, with a view to ascertaining — (a) whether the source of 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 additional source 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 such inquiries, by notice, direct that any source of water-supply be cleaned, improved, repaired or otherwise protection from contamination, or that such additional source or sources of water-supply be provided, as the case may be: Provided that before issuing a notice under this sub-section, the Collector or other officer aforesaid shall give the authorities or 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 Collector or other officer under sub-section (2) an appeal shall lie to the prescribed authority whose decision shall be final. (4) (a) Every notice issued under sub-section (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 notice shall,— (i) be published in the prescribed manner; and (ii) be served 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 prescribed manner. (5) If directions contained in the notice issued under sub-section (2) have not been satisfactorily complied 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 rescind any direction contained therein.

If the Director is satisfied upon investigation that 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.

In the case of any railway in the territory the Government may, by general or special order, require the authority administering 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.

The Government shall have power to make rules providing for the protection and periodical examination of sources of water-supply in the Union territory of Goa, Daman and Diu.

(1) The Health Officer may, at any time, by written notice require that the owner of or any person having control over, any lake, stream, spring, well, tank, reservoir, pond or other source 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 specified in the notice not being less than thirty days from the receipt thereof— (a) keep and maintain any such source of supply in such manner as the Health Officer may direct; or (b) cleanse any such source of water-supply from silt, refuse and vegetation; or (c) protect any such source of water-supply from pollution by surface drainage or otherwise, in such manner as the Health Officer may direct; or (d) fill in, repair, protect or enclose in such manner as the Health Officer may direct, any such source of water-supply, if for want of sufficient repair, 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 having occasion to use or to pass or approach the same; or (e) desist from using, and from permitting others to use for drinking purposes any such source of water-supply 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 fill up, enclose 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 from any such source of water-supply or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Health Officer considers to be injurious to health or offensive 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 drinking purposes notwithstanding the issue of such notice, and the Health Officer considers that such use cannot be prevented otherwise than by the issue of a notice under clause (f). (2) If the owner or person having control as aforesaid fails or neglects to comply with any notice issued under sub-section (1) within the time specified therein the Health Officer may, if immediate action is necessary to protect the health or safety of any person or persons, at once proceed to execute the work specified in such notice; and all the expenses incurred in respect thereof by the Health Officer shall be paid by the owner of, or person having control over such source of water-supply and shall be recoverable as if it were a tax due to the local authority concerned: Provided that in the case of any private source the water of which is used by the public or by any section of the public as of right, the expenses which have been incurred 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 funds of such authority as the Government, by order, determine.

(1) No owner of any building having more than one independent residential unit, which may be constructed or re-constructed after the commencement of the Third Amendment Act, 1993 shall occupy it, or cause or permit it to be occupied until he has obtained a certificate from the Health Officer,— (i) that there is within such building or within reasonable distance therefrom, a supply of wholesome water sufficient for the domestic purpose of the inmates of such building, and (ii) if such building has a sump or overhead tank, that they are provided with such mosquitoproof arrangement as may be prescribed. (2) The Health Officer may also by notice in writing, direct the owner or occupier of any existing building having a sump or overhead tank to provide such mosquito proof arrangement and within such time as may be specified by the Health Officer. (3) Whenever a person on whom notice is served under sub-section (2), fails to comply with the requirements thereof, the Health Officer, may himself or through the local bodies get the requisite work done and recover the cost thereof from the owner as arrears of land revenue under the law for the time being in force.