Water for human use.

The Kerala Public Health Act, 2023

Health202383 sections12 chapters

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Chapter 3 ENSURING SAFETY OF WATER FOR HUMAN USE

Statutory text

(1) The quality of drinking water shall be reckoned as per the criteria specified by Bureau of Indian Standards for safe drinking water, from time to time, and the provisions of the Food Safety and Standards Act, 2006. It shall be the duty of the distributors of drinking water to ensure such quality.
(2) For ensuring the safety of drinking water for human use, the Public Health Officers shall have the following powers within their jurisdiction, namely:—
- (a) to test and direct to test the quality of drinking water at regular intervals and when water borne diseases are suspected;
- (b) to seek explanation from the distributor, direct remedial action and to disrupt the distribution and if required to take legal actions including fine when it is found that the quality of water is inadequate: Provided that, when the distribution of drinking water is distrupted as per this sub-section the Local Public Health Officer shall forthwith inform the same to the Local Self Government.
(3) The Local Public Health Officer may at any time issue notice in writing to the owner or to any person having control or charge over any river, lake, backwater, stream, spring, well, tank, reservoir, pond or water in tanker lorries or water in other water supply sources or schemes which is used for drinking or bathing or for any other purpose including entertainment and may within such time as may be specified in the notice direct,—
- (a) to keep and maintain water supply sources in such manner not injurious to public health;
- (b) to protect such water supply sources by removing silt and filth;
- (c) to protect such water supply sources and water supply systems from contamination caused through drainage;
- (d) to ensure necessary maintenance work and protection of water supply sources considering the health and safety of general public;
- (e) to stop the use and prevent others from using the water from such water source, when it is unfit for drinking purpose or for other human uses or is injurious to public health;
- (f) to drain or otherwise dispose off the water or contaminated water which is injurious or harmful to public health: Provided that, where a direction is given under clause (e) the same shall be informed to the Local Self Government.
(4) As aforementioned where the owner or the person having control fails to comply with or neglects any notice issued under sub-section (3) within the time stipulated therein the Local Public Health Officer shall, if immediate action is required to protect the health of any person or persons, proceed to execute the works specified in such notice urgently and all the expenses incurred thereof by the Local Public Health Officer shall be remitted by the owner or the person having control over such water supply source in the manner as may be prescribed.
(5) No person shall, save as generally or specially prescribed, erect, throw, or permit to throw or pour or dump or put into public drainage or any drainage connecting public drainage,—
- (a) any construction which affect the drainage or which block the free flow of matters imbedded therein or any other thing or any matter which affect the treatment and disposal of such things;
- (b) any liquid or steam which either by itself or when combined with other materials within the drainage causes danger, harm or injury to health;
- (c) any explosive substance.
(6) Save as generally or prescribed, no person shall,—
- (a) put or causes to put or cause to fell or shed or eject or carry or knowingly permit to put, fall, shed or carry, in or around any water course,—
  - (i) any matter, filth, excreta, wash room waste which is injurious to health,
  - (ii) any solid or liquid matter formed out of manufacture or the manufacturing process, which are poisonous, noxious or contaminated or injurious to health; or
- (b) deposit or cause to deposit or eject or cause to fall or put, or shed into water course, or obstructs the free flow of water course by oneself or jointly with similar acts of any other person or to contaminate water therein, or deposit the solid – liquid waste from any factory, manufacturing process or from quarry or to deposit any rubbish or cinders or any other waste including industrial waste; or
- (c) cause any nuisance in or around any water course in a manner which is injurious to public health.
(7) Any person who contravenes the provisions of sub-section (5) shall be liable to penalty specified in section 65.
(8) Any person who contravenes the provisions of sub-section (6) shall on conviction be liable to punishment with imprisonment for a term which may extend to three years or with fine which shall not be less than twenty five thousand and may extent to two lakhs rupees or with both.

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