The Goa Public Health Act, 1985

 
 
 
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GOVERNMENT OF GOA 
Law Department (Legal Advice) 
— 
Notification 
7/17/85-LA 
The following Act which was passed by  the Legislative 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 the 27th November, 1985 is hereby published for the general information of 
the public. 
B. S. Subbanna, Under Secretary to the Government of Goa, Daman and Diu. 
Panaji, 9th December, 1985. 
 
The Goa Public Health Act, 1985 
(Act No. 25 of 1985) 
AN 
ACT 
to make provision for advancing the Public Health in the Union territory of Goa, Daman 
and Diu. 
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty -sixth 
Year of the Republic of India as follows:— 
CHAPTER I 
Preliminary 
1. Short title, extent and commencement.— (1) This Act may be called the Goa 
1[Omitted] Public Health Act, 1985. 
(2) It extends to the whole of the Union territory of Goa, Daman and Diu. 
 
(3) It shall come into force at once. 
2. Definitions.— In this Act, unless the context otherwise requires,— 
(1) “building” includes,— 
(a) a house, out -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 built with bricks, wood, mud, metal or any other material whatsoever; 
(b) a structure on wheel or simply resting on the ground without foundations; and 
(c) a ship, vessel, boat, tent, van and any other such structures used for human 
habitation; 
(2) “cattle” includ es elephants, camels, mules, asses, horses, cows, buffaloes, bulls, 
bullocks, sheep, goats, dogs and pigs and the young ones of these species; 
(3) “Collector” means the Collector of Goa, the Collector of Daman and the Civil 
Administrator, Diu and includes an Additional Collector; 
 
 
 
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2[(3A) “Competent authority” includes,— 
(a) the Chief Medical Officer (National Malaria Eradication Programme); 
(b) Health Officer I/c and Medical Officer I/c of Community Health Centre/ 
/Upgraded Primary Health Centre/Primary Health Centre/Urban Health Centres of the 
concerned jurisdiction, under supervision of Chief Medical Officer (National Malaria 
Eradication Programme);] 
(4) “Director” means 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, culvert, ditch, channel or any other device for carrying off sullage, sewage, 
offensive matter, polluted water, rain water or subsoil water; 
(6) “drug” means any substance used as medicine whet her for internal or external use, 
or any substance used in the composition or preparation of such medicine; 
(7) “dwelling house” means a building constructed, used or adapted to be used, wholly 
or principally, for human habitation or in connection therewith; 
(8) “factory” means any premises including the precincts thereof wherein any 
industrial, manufacturing or trade process is carried on with the aid of steam, water, oil, 
gas, electrical or any other 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 putrifying substances; 
3[(10) “food” means any article used as food or drink for human consumption other 
than drugs, and includes:— 
(a) any article which ordinarily enters into, or is used in the composition or 
preparation of, human food; 
(b) any flavouring matter or condiments; and 
(c) any other article, which the Government may, having regard to its use, nature, 
substance or quality, declare, by notification in the Official Gazette, as food.] 
(11) “Government” means the Government of the Union territory of Goa, Daman and 
Diu; 
4[(12) “Health Officer” means the Health Officer or Medical Officer in charge of 
Primary Health Centre or Urban Health Centre or any other officer of Health Services 
appointed by the Government under section 8;] 
(13) “house drain” means any drain actually used, or intended to be used for the 
drainage of one or more premises; 
(14) “hut” means any building which is constructed principally of wood, mud leaves, 
grass, thatch or metallic sheets, and includes any temporary structure of whatever size or 
 
 
 
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any small building of whatever 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 section 47 and 
includes notified diseases as defined in section 57; 
5[(15A) “injurious food” means that food which upon consumption may cause or is 
likely to cause injury or is likely to be injurious or has the capacity or tendency to be 
injurious and cause any harm, damage, injury to the human body or its cells or tissues or 
any part thereof, and includes all that injurious food which the Government may, havin g 
regard to the circumstances, as also its effect use, nature, substance or quality, declare, by 
notification in the Official Gazette, as injurious food for the purposes of Chapter  IXA of 
this Act;] 
(16) “latrine” includes privy, water -closet and urinal, whethe r public or private, or 
whether open or flushout; 
(17) “local area” means the area within the jurisdiction of a local authority; 
(18) “local authority” means,— 
(a) in any municipal area, the Municipal Council concerned; 
(b) in any other area, the Village Panchayat concerned. 
(19) “lodging house” means a hotel, a boarding house, a choultry, dharmashala or  
rest-house not maintained by the Government or a local authority, or any place where 
casual visitors are received and provided with sleeping accommodation, with or witho ut 
food, on payment but does not include— 
(a) a students’ hostel under public or recognized 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 Magist rate as construed under section 3 of the Code of 
Criminal Procedure, 1973 (Central Act 2 of 1974); 
6[(20-A) “migrant labourer” means any person from a State other than the State of  
Goa, employed in or in connection with the work of any establishment, to do  any skilled 
or semi-skilled or unskilled, manual, supervisory, technical or clerical work, for hire or 
reward, whether in terms of employment, express or implied, by or through a contractor, 
in relation to such establishment;] 
(21) “notification” means a notification published 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 of sight, smell or hearing or 
disturbance to rest or sleep or which i s 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 vicinity or persons who may have occasion to use any public right; 7[and also includes 
any water collection in which, in the opinion of the Health Officer, mosquitoes breed or 
are likely to breed, unless such collection of water has been treated effectively  to prevent 
such breeding;] 
 
 
 
 
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(23) “occupier” include,— 
(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, house sweepings, 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 nuisance; 
(26) “owner” includes the person for the time being receiving or entitled to receive, 
whether on his own account or as agent, trustee, guardian, manager or receiver for  
another person or estat e or for any religious or charitable purposes, 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, Daman and 
Diu Village Panchayat Regulations, 1962 (9 of 1972); 
(28) “prescribed” means prescribed by the Government by 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 prem ises on his own land to secure access 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 causeway; 
(b) the footway attached to any such street, public bridge or causeway; and 
(c) the drains attached to any such street, public bridge or causeway and the land 
whether covered or not by any pavement, veranda, or other structure which lies on 
either side of the roadway upto the boundaries of the adjacent property whether that 
property is private property or property belonging to the Central Government or the 
Government; 
8[(30A) “sale” with its grammatical variation and cognate expression, means the  
sale of any article of injurious food, whether for cash or on credit or by way of 
exchange and whether by wholesale or retail, including free samples for human 
consumption or use, and includes an agreement for sale, an offer for sale, the  
exhibition for sale or having in possession for sale of any such article, and includes  
also an attempt to sell any such injurious article;] 
9[(30B) “sanitary convenience” means latrine, toilet and facility for taking bath;] 
 
 
 
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(31) “sewage” means nightsoil and other contents of latrines, cesspools or drains and 
includes trade effluents and discharges from manufactories of all kinds; 
(32) “street” means a 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 Municipal Council constituted under the Goa, 
Daman and Diu Municipalities Act, 1968 (7 of 1969) and includes any panchayat notified 
by the Government as an urban local authority for the purposes of this Act; 
(35) “venereal disease” means syphilis, gonorrhoea, soft -chancre, venereal granuloma 
or lymphogranuloma; 
(36) “water-course” includes any river, stream or channel, whether natural or artificial, 
other than a drain; 
(37) “workplace” means any premises 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 other 
remuneration; 
(38) “workshop” means any premises including the precincts 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 commercial basis and not less than five persons 
are employed for that purpose for wages or any other remuneration. 
 
CHAPTER II 
Controlling Authorities and their powers 
3. Constitution of Public Health Board. — (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:— 
10[(a) the Chief Secretary of Goa; 
(b) the Secretary (Health); 
(c) the Law Secretary; 
(d) the Collector of North (North Goa District); 
(e) the Collector of South (South Goa District); 
(f) the Principal Chief Engineer, PWD; 
(g) the Superintendent of Police, North (North Goa District); 
(h) the Superintendent of Police, South (South Goa District); 
 
(i) the Director of Municipal Administration; 
(j) the Director of Panchayats; and 
 
 
 
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(k) three persons having special knowledge of matters relating to Public Health or 
Public engineering.] 
(2) Members nominated under clause (f) of sub -section (1) shall hold office for a 
period of one year from the date of nomination but shall be eligible for re-nomination. 
(3) 11[The Chief Secretary of Goa] shall be the President of the Public Health Board 
and the Director of Health Services shall be its Secretary. 
4. Functions of the Public Health Board.— (1) The Public Health Board shall advise 
the Government on such matters as the Government may, from time to time, refer to it. 
(2) The meetings of the Board and the mode of transaction of meetings shall be 
governed by such regulations as may be framed by it. 
(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 of Government and of Director of Health Services. — (1) The 
Government shall have power to inspect, control and superintend the operation of local 
authorities under this Act. 
(2) The Government may, from time to time, define the powers to be exercised and the 
duties to be performed, by the Director or any member of his staff for the purposes of  
sub-section (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 under 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, direct that in 
respect of any function to be performed by a local authority under this Act and specified 
in the no tification, the Government, and not the local authority, shall be the local  
authority in all or any areas which are comprised within the jurisdiction of such a local 
authority. 
7. Powers of Director to recommend 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 in the local area, or for safeguarding the public health  
therein:  
Provided that, if on account of financial or other reasons any local authority is unable  
to carry out such measures and requests the Government to carry out such measures, the 
Government, after satisfying itself about the genuineness of the said difficulties, s hall 
carry out the said measures. 
8. Appointment of Health Officer. — The Government shall appoint, for each local 
area a Health Officer with such qualifications as may be prescribed, for the purposes 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 
 
 
 
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unusual mortality therein, the Government may by order, appoint temporarily, for such 
period as may be 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 of  sub-section (1) the Government may appoint any medical 
practitioner registered under the Indian Medical Council Act, 1956 (Central Act 102 of 
1956), either on an honorary basis or on such salary and allowances or both as 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 a local authority, to exercise 
such of the powers of a Health Officer under this Act, in such area, and subject to such 
restrictions, limitations and conditions and to such control and revision, as may be 
specified in such order. 
11. Appointment of persons to carry out the provisions of this Act. — 
Notwithstanding anything contained in this Act or in any other Act or Acts governing the 
local authority or authorities concerned, the Government may, by general or special order, 
appoint any person or persons to carry out 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 establishment of such area. 
(2) (a) Save as otherwise provided in this Act or in any rules or regulations made under 
it, all appointments, transfers and punishments of the members of the public health 
establishment under the supervision and control of the Health Officer shall be made by  
the Health Officer, subject to the approval of the Director. 
(b) If for any reaso n the local authority disagrees with the orders of the Health 
Officer under clause (a) the local authority shall refer the matter to the Director, whose 
decision shall be final. 
 
13. Authorisation of Health Officer to perform the functions of local authority in 
public health matters. — The Health Officer shall perform 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, determine. 
 
CHAPTER III 
Water-Supply 
14. Local authorities to provide potable water. — 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. 
 
 
 
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15. Power of Government to direct local authority to execute water works.— (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 di rected 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 t he 
local authority, only to the extent necessary for such purposes. 
 
16. Power of Government to divert water from water -main belonging to a local 
authority.— 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. 
17. Power of Collector in regard to water -supply.— (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 Co llector 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: 
 
 
 
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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. 
18. Power of Director to direct local authority to improve water -supply.— 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 c ontamination 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 administration to submit samples of drinking water for analysis.— In 
the case of any railway in the territory the Government may, by general or special order, 
require the authority a dministering 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 examination of water -supply.— 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. 
21. Health Officer's powers in regard to insanitary sources. — (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 
 
 
 
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(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 o therwise, 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 f ails 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. 
12[22. Building not to be occupied without adequate water supply and proper 
water storage facility. — (1) No o wner 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 
 
 
 
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(ii) if such building has a sump or overhead tank, th at 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.] 
 
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 w ith 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 a ll times keep in good repair all drains, cesspools and 
the like vested 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 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 Off icer, 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 s uch 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 drai nage, 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. 
25. Drains in private streets. — 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: 
 
 
 
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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. 
26. Drainage for huts.— (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. 
27. Drainage of court -yard, alley, passage, etc. — 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. 
28. Construction and closure of cesspool s.— (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. 
13[29. Establishment of commercial, industrial and other establishments and cons- 
tructions.— (1) 14{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 cons truction and also at the time of 
actually occupying such constructed premises. 
(2) No commercial or industrial establishments, warehouses, storehouses, factories, 
workshops,15[massage parlour/SPAS 16[ ] or any other like service] or any other 
establishments of any kind, shall be established, without obtaining the prior permission 
from the Director. 
 
 
 
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(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.] 
17[29A. Inspection of Massage Parlour/Spa. — (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 ins pection, 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. 
29B. Penalty for non -registration. — 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. 
29C. Registration of masseur/therapists.— (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 gran t 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 o f 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.]. 
30. Sullage or sewage not to be let out into street. — No person having control over 
any building or land shall cause or allow — 
(a) the water of any sink, sewer, 18[latrine] or other sanitary convenience, or any 
 
 
 
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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, 19[latrine] or sanitary convenience, to run, 
drain or be thrown into a surface drain in any street. 
31. Injurious 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 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. 
32. Pollution of water prohibited. — 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. 
CHAPTER V 
Sanitary Convenience 
33. Obligation of local authority to provide public sanitary 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 such places to be 
kept in proper order so as not to be a nuisance or injurious to health. 
34. New houses to be provided with sanitary conveniences. — If in any local area 
any building intended for human habitation is constructed or is reconstructed after being 
pulled down to or below the ground floor, the owner thereof shall provide such sanitary 
conveniences and in such positions as the Health Officer may, by notice, require. 
35. Additional sanitary conveniences. — If any building intended for human 
habitation is without any sanitary convenience or if, in the opinion of the Health Officer, 
the sanitary convenience or convenience provided therein are insufficient, having regard 
 
 
 
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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 20[owner or occupier] of such 
building — 
(a) to provide such sanitary conveniences or such additional sanitary conveniences 
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 so constructed as to screen persons using the same and the filth from 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 commencement 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 improvement 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 or more 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 purposes of this Chapter — 
(1) any premises in such a state as to be prejudicial to health; 
(2) any pond, pool, ditch, gutter, water-course, water-trough, latrine, cesspool, drain or 
ashpit which is so foul or in such a state as to be prejudicial 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 ventilation or in which sufficient ventilation is not maintained, or which is not kept 
clean or not kept free from noxious effluvia, or which is so overcrowded while work is 
carried on as to be prejudicial 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 whatsoever; 
(7) any chimney sending forth smoke in such quantity as to be a nuisance; 21[and] 
 
 
 
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(8) any noise, vibration, dust, cinders, irritating smell, noxious vapours or offensive 
odour produced by a factory, workshop or workplace or an installation and which is a 
nuisance to the neighbourhood ; 22[and] 
23[(9) any human habitation without adequate sa nitary convenience or without access to  
sanitary convenience within the premises of the habitation renderi

Excerpt shown. Open the full act in Lexace.

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