Chapter IV Chapter IV

(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 necessary. (3) The local authority shall at all times keep in good repair all drains, cesspools and the like vested in or belonging to it.

(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 nearest 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 Officer, there is no public drain or other place set apart for the discharge of sewage within a reasonable distance of such premises, he may, by notice, require the owner of the premises to construct — (i) a closed cesspool, septic-tank, filter or other work of such material, size and description, as he may direct; and (ii) a house-drain communicating with such closed cesspool, septic-tank, filter or other work. (2) Where by reason of a local authority changing its system of drainage or undertaking a new system of drainage, it becomes necessary for the owner of any premises to reconstruct or alter any drain the 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 authority and partly by the owner, in accordance with such rules as may be prescribed.

Where a house-drain belonging to one or more premises has been laid in any private street which is common to more than one premises and the Health Officer considers it desirable that any other premises should be drained into such drain, he may, by notice, require the owner of such premises to connect his house-drain with such first-mentioned drain; and the owner or owners of such first-mentioned drain shall thereupon be bound to permit such connection to be made: Provided that no such connection shall be made— (a) except upon such terms as may be mutually agreed upon between or among the owners concerned, or (b) in default of such agreement, except upon such terms as may be laid down by the local authority and in particular, until any payment which may be directed by the local authority to be made to the owner or owners concerned has been duly made.

(1) Drains for the drainage of huts shall be of such size and description, and be constructed of such material as may be considered by the Health Officer to be practicable, having regard to the circumstances of the locality and the position of the nearest public drain or other place set apart by the local 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 construct such drain and such owner shall construct such drain, and cause it to be cleansed and repaired to the satisfaction of the Health Officer.

For the purpose of efficiently draining any land or building, the Health Officer may, by notice, require the owner of any court-yard, alley, lane, passage or open space— (a) to raise or pave the same with such material and in such manner as may be approved by the Health Officer and to keep such paving in proper 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 Officer to require that in any case both the measures specified in clauses (a) and (b) shall be taken.

(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 practicable having regard to the circumstances of the locality; or (b) within any local area or outside such area but within three hundred feet of any reservoir used for the storage of filtered water to be supplied to such area, except upon a site and in a position which have been 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.

(1) No person, including Government Department, semi-Government Organization, Government company and statutory or non-statutory Corporation shall construct any building, house, cesspool and any other structure unless prior permission to that effect is obtained from the Health Officer or the Medical Officer incharge of the respective Health Centre, at the time of starting such construction and also at the time of actually occupying such constructed premises. (2) No commercial or industrial establishments, warehouses, storehouses, factories, workshops, massage parlour/SPAS or any other like service or any other establishments of any kind, shall be established, without obtaining the prior permission from the Director. (3) All such permissions issued shall be subject to the payment of such fees as may be notified by the Government from time to time.

(1) The Health Officer or any Officer not below the rank of Deputy Superintendent of Police as may be authorized by the Government, shall, from time to time, inspect the massage parlour/spa or any establishment or premises wherein massage parlour/spa is being run and also the registers that are required to be maintained by them under this Act. The person in-charge of massage parlour/spa shall, at all time, allow such officer to carry out such inspection. If upon inspection, the massage parlour/spa is found being run in contravention of the provisions of this Act or the rules framed thereunder, such Officer shall immediately inform about such contravention to the Collector, who shall immediately take all the steps for closure of massage parlour/spa and send all the details thereof to the Director who shall after affording reasonable opportunity of being heard pass such order as he may deem fit in the matter. (2) No officer referred to in sub-section (1) shall enter any room or area of the massage parlour/spa where the massage is being carried out without prior notice.

A massage parlour/spa running without registering shall be liable to a fine of Rs. 20,000/- (Rupees twenty thousand only) or any amount as notified by the Government from time to time.

(1) No massage parlour/spa shall employ a masseur/therapist, unless he/she holds a certificate of registration issued under sub-section (2), and a medical fitness certificate issued by the Government Hospital. (2) Every person who desires to work as a masseur/therapist in a massage parlour/spa shall apply to such officer, in such form and accompanied with such fee, as may be prescribed, for grant of a certificate of registration. (3) The officer, on receipt of an application under sub-section (2), shall, after conducting such inquiry as he deems fit, within a period of thirty days from the date of receipt of such application, either grant or refuse to grant a certificate of registration. Every order of refusal to grant certificate of registration shall be in writing. In case of refusal to grant such certificate, the applicant may file an appeal to the Director. (4) The certificate of registration to be granted under sub-section (3) shall be in the prescribed form and shall be valid for a period of two years from the date of its issue and renewable for the same period thereafter. Before expiry of such certificate, the masseur/therapist shall get his certificate of registration renewed on payment of such fee as may be prescribed. (5) Every officer referred to in sub-section (2) shall maintain a register of registered masseurs/therapists. (6) If any masseur/therapist is found working in any massage parlour/spa without a valid certificate of registration, he shall be liable to a fine of Rs. 5,000/- (Rupees five thousand only) or any amount as notified by the Government from time to time, and the owner of such massage parlour/spa also shall be liable to a fine of Rs. 10,000/- (Rupees ten thousand only) or any amount as notified by the Government from time to time.

No person having control over any building or land shall cause or allow — (a) the water of any sink, sewer, latrine or other sanitary convenience, or any other liquid or other matter which is, or is likely to become offensive to run into a drain, or to be thrown or put upon, any street or open space or to soak through any external wall; or (b) any offensive matter from any sewer, latrine or sanitary convenience, to run, drain or be thrown into a surface drain in any street.

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 disposal of such contents; or (b) any liquid being refuse or steam or other liquid which is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance or prejudicial to health; or (c) any explosive or inflammable substance.

No person shall save as may be generally or specially prescribed— (1) put, or cause to be put or cause to fall or flow or be carried or knowingly permit to be put or to fall or flow or be carried, into any water-course, lake, tanks, sea-water within five kilometers from the shore— (a) any solid or liquid sewage matter, or (b) any poisonous, noxious or polluting liquid proceeding from any manufactory or manufacturing 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 therein, the solid refuse of any manufactory, manufacturing process or quarry, or any rubbish or cinders, or any other waste or putrid solid matter, or (3) commit nuisance in or in the neighborhood of any water-course.