LexThe Travancore -Cochin Public Health Act,1955
Kerala · state statute
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THE TRAVANCORE-COCHIN PUBLIC
HEALTH ACT, 1955
(XVI of 1955)
; CONTENTS.
CHAPTER I
Preliminary.
Preamble.
Sections.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Controlling Authorities and Their Powers
3. Appointment of Director of Public Health and Health
Officers.
4. Powers of the Government and the Director of Public
Health.
5. Powers of the Director of Public Health to advise
local authorities.
6. Public Health staff in loca) areas.
7. Appointment of the Health Officer.
8. Appointment of temporary Health Officers in
emergencies.
9. Delegation of powers of Health Officer.
10. Appomtment of persons to carry out the provisions
of this Act.
11. Powers of Director of Public Health over Public
Health staff of urban local authorities.
12. Health Officer’s control over Public Health staff.
13. Local authority to provide adequate facilities to the
Health Officer.
14. Authorisation of Health Officer to perform the
functions of executive authority im public health
matters.
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CHAPTER It
Water-Supply.
15 Local authority to provide potable water.
16. Power of Government to direct local authority to
execute water-works, -
17. Power of Government to divert water from water
main belonging to ‘local authority.
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18.
19.
20.
21,
22.
23.
24.
25.
26.
27.
28.
29.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44,
6!
Power of Director of Public Health in regard to
water-supply.
Power of Director of Public Health to direct local
authority to improve water-supply.
Railway administration to submit samples of drink-
ing water for analysis. ..
Rules for the protection and periodical examination
of water-supply. . .
Health Officer's powers in regard to insanitary
sources,
Levy of water-tax and ear-marking the proceeds for
water-works.
New house not to be occupied without adequate
water-supply.
CHAPTER IV
Drainage.
Local authority to maintain public drains.
Power of Health Officer to require drains to be con-
structed.
Drains 1n private streets.
Drainage for huts.
Drainage of court, ’yard, alley, passage, etc.
Construction and closure of cesspools.
Prohibition of occupation of new building without
drains.
Sullage or sewage not to be let out into streets.
Injurious refuse not to be discharged into public
drain.
Pollution of water courses prohibited.
CHAPTER V
Sanitary Conveniences,
Obligation of local authority to provide public sani-
tary conveniences.
New houses to be provided with sanitary conveni-
ences.
Additional sanitary conveniences.
Mode of construction of latrines.
CHAPTER VI
Abatement of Nuisances.
Certain things to be nuisances.
Detection of nuisance.
Information regarding nuisance.
Power of Health Officer to abate nuisance.
Power of local authority to abate nuisance.
Provision regarding house rendered unfit for occu-
pation by reason of nuisance.
45.
46.
47.
49,
62
Disposal of articles removed while abating nuisance.
Powers of entry and inspection.
Power of Government in case of default by local
authority.
Nuisance’ caused by act or omission outside local
area.
Prohibition of the deposit of rubbish, etc., in street,
ete.
CHAPTER VII.
Prevention, Notification and Treatment of Diseases
50.
51.
52,
53.
54.
55.
56.
of.
58.
59.
60.
61,
62.
63.
64.
65.
66.
67.
69.
70.
71.
PART I— INFECTIOUS DISEASES IN GENERAL
Infectious diseases.
Appointment of additional health staff..
Provision and maintenance of isolation hospitals and
wards. ’
Provision of ambulance, etc.
Medical practitioner to give information of certain
infectious diseases.
Prohibition of the use of water from _ suspected
source.
Removal of infected person to hospital.
Prohibition of the exposure of other persons to
infection.
Infected persons not to engage in certain trades and
occupations,
Prevention of infectious disease transmissible from
animals.
PART II— NOTIFIED INFECTIOUS DISEASES
Notified diseases.
Occupation of houses to prevent the spread of
infection.
Information regarding notified diseases.
Power of entry of local officers to take preventive
measures.
Destruction of hut or shed to prevent’ spread of
infection,
Closure of lodging houses.
Infected cloth not to be sent to laundry.
Infected person not to use public conveyance.
Letting or sub-letting a building occupied by an
infected person.
Prohibition of the exposure of other persons to
infection.
Forbidding work in infected premises.
Prohibition of use of public library by infected
persons.
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72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87,
89,
90.
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Disposal of bodies of persons dying while suffering
from notified diseases.
Power of Magistrate to prohibit an assembly of more
than fifty persons.
Power of Government to confer special powers on
officers to control notified diseases.
Destruction of rats, mice, etc.
PART WI— VENEREAL DISEASES
Provision for treatment of venereal disease by local
authorities.
Patient to be instructed in methods of prevention of
the spread of venereal disease
Certain medical practitioners to certify as to free-
dom from venereal disease.
PART IV— LEPROSY
Definitions.
Provision for treatment of leprosy by local authority.
Persons suffering from leprosy uk to engage in
certain occupations.
Persons suffering from leprosy not to use public
conveyance.
Prohibition of persons suffering from leprosy from
attending school, college or taking out books or
news-papers from public or circulating libraries.
Segregation of persons suffering from leprosy.
Power to require fresh certificate that person suffer-
ing from leprosy 1s not infectious.
PART V— POWER TO MAKE RULES
Rules for the prevention,.treatment and control of
certain diseases.
CHAPTER VII
Maternity and Child Welfare.
Local authority to carry out maternity and child
welfare measures.
CHAPTER IX
Mosquito Control.
Prohibition of mosquito breeding in collections of
water.
Treatment of mosquito breeding places.
Health Officer’s power in case of default.
91.
92.
93.
94,
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Protection of anti-mosquito work.
Prohibition of interference with such works.
Power of health staff to enter and inspect premises.
Financial inability, etc., sufficient defence,
CHAPTER X
Sanitation and Buildings.
PART I— RESIDENTIAL AREAS
Notification of residential areas..
Approval of Director of Public Health and Director
of Town Planning to be obtained for notification.
Appeal aguinst notification.
Consequences of notification.
Extension of Sections 95 to 98 to non-urban local
authorities.
PART II— CONTROL OVER INSANITARY BUILDINGS
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
iil.
112.
113.
114.
115.
New building not to be erected on certain sites.
Cleansing of court, yard or passage used in common.
Dwelling house unfit for human habitation to be
vacated,
Back-to-back houses not to be erected without
permission.
PART III— ABATEMENT OF OVER-CROWDING
Definitions.
Duties of land lord. .
Power to make Rules.
CHAPTER XI
Lodging Houses
Lodging house to be registered.
Register of lodging houses.
Conditions of registration and of renewal of regis-
tration.
Appeal to Iocal authority.
Rules for the upkeep and maintenance of lodging
houses.
Notice to be affixed outside lodging house.
Cancellation of registration by Court. ‘
CHAPTER XII
Food Control.
Prohibition of sale of unsound food.
Punishment for contravening provisions of Section
114 through others.
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116. Flesh of dead animal not to be consumed,
117. Importing meat into local area.
118. Power of Health Officer to enter premises uSed for
food trade.
119. Powers of Health Officer to deal with carriers of
disease handling food.
120. Investigation of diseases caused by milk or dairy
produce.
121. Inspection of dairy by Health Officer.
CHAPTER XIII
Fairs and Festivals
122. Notification of fairs and festivals by Government.
123. Notice to be given of fair or festival.
124. Sanitary arrangements, etc.
125. Health Officer to supervise the arrangements.
126. Power to enter and seize unwholesome food.
127. Occupation of building etc., required in connection
with fair or festival. .
128. Control over private sources of water supply.
129. Licensing of houses to accommodate visitors to fair
or festival. 5
130. Extension of provisions of Chapter to certain areas.
CHAPTER XIV
Canal Boats .
131. Infectious disease in canal hoats.
132. Inspection of canal boats.
133. Powers of the Director of Public Health.
’
CHAPTER XV
Medal Inspection and Treatment of School children.
134. Medical inspection~of schools,
- CHAPTER XVI
Finance.
135. Ear-marking of revenue by local authorities for
expenditure on public health.
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136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147
148,
149.
150.
151.
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
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CHAPTER XVII
- Rules, Bye-laws, Penalties, etc.
Power of Government to make rules.
Penalty for breach of rules.
Procedure for making and the effect of rules.
Bye-laws by local authorities.
Breach of bye-laws. .
Procedure for making or altermg bye-laws.
Penalties for offences against Act, etc.
Penalty for preventing entry of executive authority
or Health Officer.
CHAPTER XVII
Miscellaneous.
Propaganda by local authority.
Appeal against decisions of Health Officer.
Method of serving notice.
Cognizance of offences against the Act.
Power to compound offences.
Powers of Police Officers to arrest offenders against
Act, ete.
Powers of executive officer and public health staff
to arrest offenders against Act, etc.
Persons arrested not to be detained unnecessarily.
Bar of suits and prosecutions in certain cases,
Punishment for malicious abuse of powers.
Delegation of powers by Government
Constitution of the Public Health Board. _
Term of office of elected members.
Cessation of membership in the Board.
Casual vacancies.
Functions of the Public Health Board.
Act to over-ride other enactments.
Power to remove difficulties .
Repeal.
Schedule I—Ordinary penalties.
Schedule II—Penalties for continuing breaches.
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THE TRAVANCORE-COCHIN PUBLIC HEALTH ACT, 1955
*(ACT XVI OF 1955)
An Act to make provision for advanemg the public health
of the State of Travancore-Cochin.
Preamble.—Whereas it 1s expedient to make provision for
advancing the public health of the State of Travancore-Cochin,
Be it enacted in the 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 Travancore-Cochin Public Health Act, 1955.
(2) It extends to the whole of the State of Travancore-
Cochin.
(3) It shall come into force on such date as the Govern-
ment may, by notification in the Gazette, appoint.
2. Definitions.— In this Act, unless there is anything repug-
nant in the subject or context,—
(1) “Building” includes—
(a) a house, out-house, stable, latrine, godown, shed, hut,
wall (other than a boundary wall not exceeding eight
feet in height) and any other such structure, whether
of masonry, bricks, wood, mud, metal or any other
material whatsoever, but does not include temporary
sheds put up on festive occasions;
(b) a structure on wheels or simply resting on the ground
without foundations; and
{c) a ship, vessel, boat, tent, van and any other such
structure used for human habitation;
(2) “Canal” includes any river, inland navigation, lake ar
water-way being within or bordering the State, whether it 1s or
is not within the ebb and flow of the tide;
_ (3) “Canal boat” means any vessel however propelled
which is used or capable of being used for the conveyance of
goods or passengers along a canal;
(4) “Cattle” includes elephants, camels, mules, asses,
horses, cows, bulls, bullocks, buffales, sheep. goats and pigs and
the young one of these species;
(5) “Dairy” includes—
(a) any farm, cattle-shed, milk-store. mulk-shop, or other
place from which milk 1s sold or supplied for sale, or
in which milk is kept for sale, or manufactured for
*Published in the Gazette dated 21st June 1955, Part I, Section il,
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sale into butter, ghee, cheese, cream, curds, butter-
milk, or dried, sterilized or condensed milk, and
(b) im relation to a dairyman who does not occupy any
premises for the sale of milk, any place in which he
keeps the vessels used by him for the storage or sale
of milk, but does not include—
(i) a shop or place in which milk is sold for consump-
tion on the premises only; or .
(ii) a shop or place in which milk 1s sold or supphed for
sale in hermetically closed and unopened receptacles in the same
original condition in which it was first received in such shop
or place; '
(6) “Dairyman” includes any person who sells milk
whether wholesale or by retail; .
(7) “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 sub-soil water;
(8) “Drug” means any substance used as medicine whether
for internal or external use, or any substance used in the com-
position or preparation of such medicine:
(9) “Dwelling House” means a building constructed, used
or adapted to be used wholly or principally, for human habita-
tion or‘in connection therewith; ‘
(10) “Executive Authority” means the. Commissioncr,
Chairman, President or other functionary of the local authority
concerned, who 1s vested with general executive powers under
the Trivandrum City Municipal Act or the Travancore District
Municipalities Act, 1116, or the Cochin Municipal Act, XVIII of
- 1113 or the Travancore-Cochin Panchayats Act, 1950, or_the
local Tahsildar, as the case may be;
(11) “Executive Officer” means the paid officer, if any, of
a local authority who is vested with general executive powers
in the area for which such authority is constituted under the
Trivandrum City Municipal Act, or the Travancore District
Municipalities Act, 1116 or the Cochin Municipal Act, XVIII of
1113 or the Travancore-Cochin Panchayats Act, 1950, or any
officer subordinate to the loca! Tahsildar, as the case may be,
_ (12) “Factory” means any premises including the pre- eincts thereof, wherein any industrial, manufacturing or trade process is carried on with the aid of steam, water, oil, gas,
clectrical ov any other form of power which is mechanically transmitted and is not generated by human or animal agency;
(13) “Filth” means— *
(a) mghtsoil and other contents of latrines, cess-pools
and drains; i
(b) dung and the refuse or the useless or offensive mate- rial thrown out in consequence of any process of manu- facture, industry or trade, and '
(c) putrid, and putrifying substances; ~
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(14) “Food” includes every article consumed or used by
man for food, drimk or chewing, and all materials used or
admixed in the composition or preparation of such article and
shall also include flavouring and colouring matter and condi-
ments;
(15) “Health Officer” means the Health Officer, 1f any, em-
ployed by the local authority concérned and in any other cases
the officer appointed or authorised by the Government to exer-
aise the powers and discharge the duties of a Health Officer;
(16) “House-drain” means any drain actually used or in-
tended to be used, for the drainage of one or more premises,
(17) “Hut” means any building which is constructed prin-
cipally of wood, mud, leaves, grass, thatch or metallic sheets
and includes any temporary structure of whatever size or any
small building of whatever material made, which the local
authority may declare to be a hut for the purposes of this Act;
(18) “Infectious disease’ means an infectious disease as
defined in Section 50 and includes a notified disease as defined in
Section 60, and leprosy as defined in Section 79;
(19) “Latrine” mcludes privy, water-closet and urinal,
whether public or private or whether open or flush out;
(20) “Local area” means the area within the jurisdiction
of a loeal authority;
(21) “Local authority” means—
(a) in the City of Trivandrum, the Corporation of Trivan-
drum; .
(b) in any other Municipal area, the municipal council
concerned ; t
(c) mm any Panchayat area, the panchayat concerned;
(d) in any other area, the authority appointed by the,
Government for the purposes of this Act, or, where
there 1s no such authority appointed by the Govern-
ment, the local Tahsildar;
(22) “Lodging house” means a hotel, a boarding house, a
choultry, a dharmasala or a rest house not maintained by the
Government or a local authority, an unlicensed emigration
depot, or any place where, on payment, casual visitors are re-
ceived and provided with sleeping accommodation, with or with-
out food, but does not include—_
(a) a students’ hostel under public or recognised con- trol; or
(b) a house heensed under Section 129 for accommoda-
ting visitors to a fair or festival; or
(c) retiring rooms and rest-houses provided by a railway
administration and normally used by passengers or
railway servants or both; ;
(23) “Magistrate” does not include an honorary Magis- trate; -
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(24) “Medical practitioner” means a practitioner registered
under the Travancore-Cochin Medical Practitioners Act, 1953 or
who has got any medical qualification recognised by the Govern-
ment ; .
- (25) “Milk” means the milk of a cow, buffalo, goat, ass or
other animal and includes cream, skimmed milk, separated
milk, and condensed, sterilized or desiccated milk or any other
product of milk;
(26) “Notification” means a notification in the Gazette;
(27) “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 is or may be dangerous to life or in-
jurious 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;
(28) “Occupier” includes—
(a) any person for the time being paying or lable 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;
(29) “Offensive matter’’ includes—
(a) filth as defined in clause (13);
(b) sewage as defined in clause (35), and
‘(c) dirt, house sweepings, spittings including chewed
. betel and tobacco, kitchen or stable refuse, broken
glass or pottery, debris, ashes, rags and waste
paper; .
(30) “Offensive trade” means any trade in which the sub-
stances dealt with are or are likely to become, a nuisance;
(31) “Owner” includes the person for the time being re-
ceiving or entitled to receive whether on his own account or as
agent, trustee, guardian, manager or receiver for another person
or estate or for any religious or charitable purposes, the rent or
pre of the property in connection with which the word is
used;
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(32) “Prescribed” means ‘prescribed by the Government ~
by rules made under this Act;
(33) “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 premises
on his own land to secure access to or the convenient use of
such premises;
(34) “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 pnt of way and includes—
(a) the roadway over any public bridge or causeway;
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(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, verandah, or other structure which
hes on either side of the roadway up to the bounda-
ries of the adjacent property whether that property
is private property or property belonging to the
Government;
(35) “Sewage” means nightsoil and other contents of
latrines, cess pools or drains and includes trade effluents and
discharges from manufactories of all kinds; ‘
(36) “Street” means a public or a private street;
(37) “Urban local area” means the area within the juris-
diction of an urban local authority;
(38) “Urban local authority” means—
*(a) the Corporation of Trivandrum,
(b) a Municipal Council, and :
(c) an authority notified by the Government as an urban
local authority for the purposes of this Act, so long
as the notification remains in force;
(39) ‘‘Venereal disease” means syphylis, gonorrhoea, soft
. chancre, venereal granuloma or lympho-granuloma;
(40) “Water course” includes any river, stream or channel,
whether natural or artificial, other than a drain;
(41) “Wharf” means a landing place specially set apart for
purposes of loading and unloading goods or entry and exit of
passengers;
_ (42) “Workplace” means any premises including the pre- cincts thereof (not being a factory or a workshop), wherein is
carried on any industrial, manufacturing or erate process, at
which not less than five persons are employed for wages or any other remuneration;
(43) “Workshop” means any premises including the pre- cincts thereof (not being a factory), wherein any article or part of an article 1s 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 renumeration.
CHAPTER II
CONTROLLING AUTHORITIES AND THEIR POWERS
3 Appointment of Director of Public Realth and Health Officers—For the purpose of giving effect to the provisions of this Act, the Government may, from time to time, appoint a Director of Public Health and subject to the provisions herein- after contained appoint Health Officers for all or a - poses of this Act. ay Of the bur
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4. Powers of the Government and of the Director of Publie
Health.—(1) the Government shall have power to inspect,
control, and superintend the operations 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 of Public Health 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 Collectors or the Director of Public Health
under any other law for the time being in force.
5. Powers of the Director of Public Health to advise local
authorities.—The Director of Public Health may, from time to
time, as occasion requires, recommend for adoption, by any
local authority, such measures as may be necessary for impro-
ving 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 or if
there is any difference of opinion between the local authority
and the Director, the matter shall be referred to the Government
whose decision shall be final.
6. Public Health staff in local areas —(1) The public health
éstablishment of every local authority shall be of such strength
as the Government,may, from time to time, direct.
(2) The Government may, from time to time, make regula-
tions prescribing the qualifications for appointment to the
various posts in the public health establishment of local autho-
rities. :
7. Appointment of the: Health Officer— (1) An _ urban
local authority may, and if so required by the Government shall,
appoint a Health Officer.
(2) If an urban lecal authority fails to appoint a Health
Officer in accordance with a direction issued under sub-section
(1), the Government shall appoint’such officer and may recover
from such local authority, the whole or such proportion of the
salary and allowances paid to the Health Officer, and such con-
tribution towards his leave allowances, pension and provident
fund as the Government may, by general or special order, deter-
mine.
8. Appointment of temporary Healih Officers in emergen-
cies.—(1) In the event of the prevalence or threatened out-
break of any infectious disease in any local area, or of any un-
usual 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 infec-
tious disease and preventing it from spreading, or for investi-
gating [BS cause of and preventing such mortality, as the case
may be.
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(2) For the purpose of sub-section (1), the Govern-
ment may appoint any qualified medical practitioner either on
an honorary basis or on such salary or allowances or both as the
Government may fix.
9. 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.
10. Appointment of persons to carry out the provisions of
this Act.—(1) 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, in such local areas, as may be specified
in the order.
(2) The expenses incurred by such person or persons in
doing so shall be met from the funds of the local authority or
authorities concerned, if any, either wholly or in_ part, and,
where more than one local authority 1s concerned, in such pro-
portions as may be determined by the Government.
11. Powers of Director of Public Health over public health
staff of urban local authoritves—(1) Subject to such rules as
may be prescribed including rules for consultation with the
urban local authorities concerned, the Director of Public Health
shal] have power in times of emergency, to assign one or more
members of the public health establishment of one urban local
authority for temporary duty in the area of another urban
local authority.
(2) In the case referred to in sub-section (1), the local
authority within whose jurisdiction the member or members of
the public health establishment of another local authority are
working shall pay for the period of such temporary duty, the
salary and allowances of such member or members and such
contribution towards the leave allowances, pension and provi-
dent fund as the Government may, by general or special order,
determine.
12. Health Officer's control over public health staff—(1)The
Health Officer in charge of any local area shall exercise super-
vision and control over all the members of the publ.c health
establishment in such area.
(2) (a) Save as otherwise provided in this Chipter or in any rules or regulations made under it, all trans-
fers 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 exe- cutive authority.
. (b) If for any reason the executive authority dis- agrees with the orders of the Health Officer under
94-1271 & IT
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clause (a), the executive authority shall refer the
matter to the Government whose decision shall be
13. Local authority to provide adequate facihties to the
Health Officer—Every local authority shall provide its Health
Officer with such clerical assistance, office accommodation, fur-
niture, equipment, stationery and forms as may be necessary for
the proper conduct of the business of such Health Officer
14. Authorisation of Health Officer to perform the func-
trons of executive authority in public health matters Not-
withstanding anything contained in the Trivandrum City Muni-
cipal Act, or the Travancore District Municipalities Act, 1116 or
the Travancore-Cochin Panchayats Act 1950, or the Cochin
Municipal Act, XVIII of 1113, the Health Officer of a local auth-
ority shall perform such of the functions and discharge such of
the duties of its executive authority in regard to public health
matters under any of the provisions ee to such local
authority contained in the Acts aforesaid, subject to such appeal
and control as the Government may, by general or special order
determine.
CHAPTER III
WATER-SUPPLY
15. Local authority to provide potable water—(1) Every
local authority may, and if the Government so direct shall, prv-
vide or arrange for the provision of a sufficient supply of drink-
ing water for consumption by the inhabitants of the area within
its jurisdiction.
(2) The local authority shall, so far as may be practic-
able, make adequate provision for securing—
(a) that the water-supply 1s contmudus throughout th-
year, and ,
(b) that the water supplied is at all times wholesome ana
fit for human consumption.
(3) A local authority may also provide or arrange for the
provision of a sufficient supply of water for other domestic pur-
poses or for non-domestic purposes.
16. Power of Government to direct local authority to execute
water works,—(1) If, m the opmion 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 authority or authorities having jurisdiction over any
local area or 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 pro-
viding a sufficient supply of wholesome water fit for human con-
sumption.
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(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 without the limits of
its area, for supplying such area with water;
(b) purchase or take on lease any water-work or any
water, or any right to store or to take or convey water,
' either within, or without the limits of its 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 area (other
than a source under the control of the Government) from which
water 1s or may be made available for the use of the public in
the local area for domestic purposes, to be a source of public
water-supply for such purposes, and every such source shall
thereafter be under the control of the local authority, only to the
extent necessary for such purposes.
17. Power of Government to divert water from water-main
belonging to local authority—The Government shall have power
to take water from any water-main belonging to or in the con-
trol of a local authority for supplying water to any other arca,
subject to such payment being made to the local authority con-
cerned and subject also to such other conditions as the Govern-
ment 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 explanations or objections, if any
18 Power of Director of Public Health in regard to water-
supply.—(1) The Director of Public Health or any other officer
appointed by the Government in this behalf, may cause inqui-
ries 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
se effective means of protection can be taken;
an -
(b) whether the provision of any additional source or
sources of water-supply is necessary for such local
area or part.
(2) The Director of Public Health or other officer afore- said 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 protected from con- tamination, or that such additional source or sources of water- supply be provided, as the case may be:
76
Provided that, before issuing a notice under this sub-section,
the Director of Public Health or other officer shall give the
authorities or persons affected a reasonable opportunity to
make any representation they may wish to make and consider
the same.
(3) Against any direction issued by the Director of Public
Health or other officer under sub-section (2), an appeal shall lie
to the Government 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 either—
(i) be published in the prescribed manner; or
(ii) be served on the local authority or on the person
owning or having control over the source of water-
supply, as the case may be, in the prescribed
manner.
(5) If the directions contained mm any 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.
(6) (a) If a water tax is imposed in the local area, the
cost of carrying out the works specified in the
notice issued under sub-section (2), whether such
works are executed by the authority or person
specified therein or under sub-section (5) by the
officer issuing the notice, shall be borne by the
local authority concerned.
(b) If no water tax is imposed in the local area, such
cost shall be borne by the inhabitants of the area
who, on inquiry, are found to be benefited by the
works or shall be shared between such inhabitants
and the local authority concerned in such propor-
tions as may be determined by the Government.
Explanateon.—For the purposes of this sub-section “water-
tax” means— .
(a) a tax levied under Section 23 of this Act; and
(b) a water and drainage tax levied under Section 80
of the Travancore District Municipalities Act, 1116
or Section 74 of the Cochin Municipal Act, XVIII
of 1113 or Section 95 of the Trivandrum City
Municipal Act.
19. Power of Director of Public Health to dtrect local autho-
rity to wmprove water-supply—(1) If the Director of Public
Health is satisfied upon investigation that any source of public
KC?
4
77
water-supply in a local area is contaminated or 1s subject te im-
minent risk of contamination by reasoh of unsatisfactory loca-
tion, protection, construction, operation or maintenance, and
speedy remedy or immediate prevention 1s, in his opinion desi-
rable, he may, by order, direct the local authority to take such
measures as may he specified therein and the loca] authority
shall take action accordingly
(2) If the local authority fails or makes default in taking
the measures specified in the order issued under sub-section (1)
within the time specified therein, the Director of Public Health
shall report the matter to the Government. Thereupon the
Government may authorise such officer as they deem fit to take
such measures and for that purpose to exercise any specified
powers of the local authority: and the expenses incurred by
such officer shall be met from the funds of the local authority.
20. Railway administration to submit samples of drinking
water for analysis —lIn the case of any Railway in the State, the
Government may, by general or special order, require the autho-
rity 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 by them.
21. Rules for the protection and -periodswcal examination of
water-supply.—The Government shall have power to make
rules providing for the protection and periodical examina-
tion of sources of water-supply in the State.
22. Health Officer’s powers in regard to imsanitary
sources.— (1) The Health Officer may, at any time, by 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, bath-
ing or washing clothes shall, whether the same is private property or not, within a reasonable time to be specified in the notice, or m any case falling under clause (d) within
such time as may be specified in the notice not bemg less
than three 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 pollu- tion by surface drainage in such manner ag 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, pro- tection or enclosure, such source of water-supply is in his opinion, dangerous to the health or safety of
18
the public or of any person 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 opmion of the Health Officer, the
water 1s unfit for drinking; or
(f) close any such source of water-supply either tempo-
rarily or permanently, or fill up, enclose or fence
the same m such manner as the Health Officer con-
siders sufficient to prevent the use thereof for
drinking purposes, if in his opinion the water 1s
» 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 consi-
ders to be either fnjurious to health or offensive to
the neighbourhood-
Provided that the provisions of clauses (a) and (d) shall
not apply to a stream:
Provided further that 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 im 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 1s 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 which, in the opmion of the local authority,
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 the local authority
23. Levy of water-tax and ear-marking the proceeds for
water-works — (1) Any igeal authority may, with the pre-
vious sanction of the Government and shall, 1f so directed
by them, levy within its area or any part thereof any tax
which may be necessary for providing water-supply in such
area or part.
LCL
tr
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. %.
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79
(2) Any tax levied under sub-section (1) may be
a new tax levied on such basis, assessed and realised in such
mariner as may be sanctioned or directed by the Government
or may be a tax or additional tax levied under any head of
taxation specified in any law for the time being in force
governing the local authority concerned in which case all the
provisions of such law relating to the incidence, assessment
or realisation of a tax under sugh head or in any manner
connected therewith shall be applicable to the tax, or addi-
tional tax, with such modifications and restrictions, if any,
as may he prescribed
(3) (a) The rate at which any tax may be levied under
this section shall be determined by the local authority
with the previous sanction of the Government in
case the tax 1s levied by the local authority of its
own motion and by the Government in case the tax
is levied at their direction ,
(b) The local authority may, with the previous sanction
of the Government and shall, if so directed by them,
alter the rates at which any such tax is to be levied.
(4) (a) Every local authority levying a tax under this
section shall earmark the net revenue therefrom for
expenditure on the execution, maintenance and
improvement of works of water-supply, in the local
area or part thereof within which it 1s levied
(b) Such revenue shall be expended in accordance with
such orders as may be issued by the Government in
this behalf.
(5) Nothing contained in this section shall be deemed
to affect the power of the Corporation of Trivandrum to levy
a water and drainage tax under Section 95 of the Trivan-
drum City Municipal Act, or of any municipality governed
by the Travancore District Municipalities Act, 1116, to levy a
water, and drainage tax under Section 80 of that Act, or of
any municipality governed by the Cochin Municipal Act,
XVIII of 1113 to levy a water and drainage tax under
Section 74 of that Act.
24 New house not to be occuped unthout adequate water-
supply — No owner of any dwelling house which may be
_constructed or reconstructed after the commencement of this
Act in any urban local area shall occupy it or cause or permit
it to be occupied until he has obtained a certificate from an
officer of the Public Health Department of the local authority
concerned, not below the rank of Health or Sanitary Inspector,
that there is within the house or within a reasonable distance
therefrom, a supply of wholesome water sufficient for the
domestic purposes of the inmates of the house:
Provided however that if an application has been made for a certificate and that no such certificate has been granted
86
within a period of ten days, the owner may occupy the build-
ing or cause or permit it to be occupied.
° CHAPTER IV
DRAINAGE.
25. “Local authority to maimtain 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 draining 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 drains, or with any other means of
drainage, they may direct the local authority to provide or
execute, within such time as may be fixed by them in this
behalf, such works as may be considered necessary by them.
(3) The local authority shall at all times keep in good
repair all drains, cesspools and the like vested in or belong-
ing to it.
26. Power of Health Officer to require drains to be con-
structed—(1) If any premises are, in the opinion of the
Health Officer, without sufficient means of effectual drainage,
he may, by notExcerpt shown. Open the full act in Lexace.