The Jammu and Kashmir Village Sanitation Act, 1933

Title, extent and commencement.-(1) This Act may be called the Village Sanitation Act of the Provinces of Jammu and Kashmir.

1. (2) It extends to the Provinces of Jammu and Kashmir.
2. (3) It shall come into force at once.

Definitions.-In this Act, unless there is something repugnant in the subject or context.-

1. (1) "village" means an inhabited site, but does not include a municipality:
2. (2) "village lands" means the lands included in the revenue mauzas or chak-alakas in which the village is situated:
3. (3) "well" or "spring" means a well or spring the water of which is habitually used for drinking purposes by all or some of the inhabitants of a village:
4. (4) "Magistrate" means the District Magistrate or any other Executive Magistrate especially authorised in this behalf by the Government:
5. (5) "proprietor of village lands" means the proprietor who is responsible to pay Government revenue for the village lands and in the Province of Kashmir it will include the Assami responsible for the payment of Government revenue.

Local enquiry as to sufficiency and purity of water supply in a village.-In any village which the Government or any officer appointed by the Government in this behalf may order, the Magistrate may cause a local enquiry to be made as prescribed by rules made under section 13 with a view to ascertaining any of the following matters:

1. (1) whether the water of any well or spring is unfit for drinking purposes from want of protection or from drainage, or from any other cause, and whether measures of protection can or can not be taken;
2. (2) whether the water of any well, spring or stream is dangerous to health and its impurity is due to the village, and whether measures of protection cannot be taken;
3. (3) whether it is necessary for the sanitation of the village that there should be provision for the protection of water courses, for periodical examination of water, for regulation of building of houses, for surface drainage and for defining and maintaining the cleanliness of the village.

Action that may be taken as result of the local enquiry.-The Magistrate may, as the result of the above enquiry,-

1. (1) by publication of a notice, direct that any well or spring be cleaned or repaired or otherwise protected at the expense of, those of the inhabitants using the same;
2. (2) by publication or service of notice, require that any or all of the rules hereunder shall be applicable to the village.

Content of notice.-Every notice issued under section 4 shall specify the nature and extent of the work to be done, the estimated cost and the period within which it is to be completed.

Magistrate's duty.-On compliance with any notice the Magistrate shall satisfy himself that the notice has been complied with and on such compliance he may, on sufficient cause being shown, extend the period specified in the notice, or modify or cancel the order conveyed in the notice.

Application for loan of public money.-Whenever notice has been issued under section 4 directing that measures be taken with regard to a well or spring, the persons affected by such notice may apply to the Magistrate for a loan of public money for the purpose of the work; and the Magistrate, if satisfied that the applicants are unable to execute the work, may grant to them a loan, to be paid in such instalments as he may direct.

List of persons from whom money to be recovered.-Where the Magistrate has expended money under section 6, or has granted a loan under section 7, he shall forthwith prepare a list of the persons from whom such expenditure or loan is declared to be recoverable under section 11.

Penalty for breach of rules.-(1) The Government may direct that a breach of any rule made under section 13 shall be deemed to be an offence punishable with fine up to fifty rupees.

1. (2) All fines recovered under this section shall be applied to the sanitation of the village as the Government shall from time to time direct.

Measures to be taken in case of a serious epidemic &c.-When it has been ascertained that any serious epidemic is prevalent in the district or in any village requiring special medical attention the Magistrate may there-after direct-

1. (1) the cleaning and conservancy of streets;
2. (2) the cleansing of water courses by burying;
3. (3) the prohibition of the use for drinking purposes, or the closing, of any source of water supply; and
4. (4) the disposal or destruction of materials likely to convey infection.

Recovery of sums.-Subject to the Rules made under section 13, the sums under the preceding section shall be recoverable, in whole or in part, from the owners and occupiers of houses in the village according to their respective means and circumstances.

Compensation to persons.-When any house, or other article which is likely to convey infection is destroyed under the provisions of section 10, the Magistrate may grant such compensation, if any, as he may consider reasonable to the person sustaining substantial loss thereby; but no person shall have any right to claim compensation for loss by reason of destruction.

Power to make rules.-(1) The Government may make rules consistent with this Act-

1. (a) prescribing the agency by which the local enquiry under section 3 shall be made and the mode of service of notice under section 5;
2. (b) determining the rate of interest (if any) to be charged on advances made under this Act and fixing the instalments by which such advances shall be repaid;
3. (c) prescribing the mode of assessment of the sums recoverable under sections 6 and 7, and the agency by which such sums shall be assessed and recovered;
4. (d) prescribing the measures which may be taken to effect the objects detailed under section 3(3);
5. (e) limiting the sums which may be expended;
6. (f) generally for giving effect to the provisions of this Act.

Dues under the Act recoverable.-Every sum becoming due under this Act, and not paid within the period fixed for payment, shall be recoverable as an arrear of land revenue.