The Dadra and Nagar Haveli and Daman and Diu Public Health Act, 1985 (Act No. 25 of 1985)

English — official source version

gddpublic_health_act_1985.pdf.txt

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" BEGD. GOA·5 , 

-Panaji, 16th January,1986 Wausa 26, 1907) , SERIES I No. 42 

OFFICIAL GAZETTE 
,GOVERNMENT OF GOAJ ,',DAMAN AND ,: DIU 

GOVERNMENT OF GOA, DAMAN 

AND DIU 

Department of Personnel and Adminisfrative Reforms 

ORDER 

5-3·74-PER (Voi. II) 

in supers~iori of order No. 5/3/74-PER, (Vo!. TI) 
'. " .... 

-dated 7-11-85, the following Departmental Promotion 
Committee is reconstituted for Group 'c' posts ()f 
:Superintendents (outside, the Secretariat) with 
immediate effect: -

1. Secretary (General Administration) -Chair-' 
man. 

2. Under Secretary, Department of Personnel & 
A. R. - Members. 

3. Under Secretary, General Admn. & COordn. 
Division - Mem1;Jer. 

2. The column No. 12 of Schedule to Notification 
N~'OSD/RRVS/49/67dated 9-1-1968 published in 
{~overnment Gazette No. 105, Series I dated 8-2"1968 
. stands remodified to the above extent. 

, By order and in.,the name of the Administrator 
of Goa, .Daman and Diu. ' 

N.J'. Gaunekar, Under Secretary (Personnel). 

Panaji, 30th Decem1;Jer, 1985. 

Notification 

, 5/3/74-PER (Vol. II) , 

In exercise of the powers conferred by sub-section 
:(2)'of section 9, sub-section (2) of section 12 and 
'section 24 of the Centriu CivlI Services (Classifica­
tion, Central and Appeal Rules), 1965 read with 
item (iii) of the Serial No. '4 of Part m and item 
(iii) of sertal No. I of Part IV 'of the, Schedule there­

,to, the ,Administrator of Goa;Da~ and Diu in 
,partial modification of, the'N Qtifications issued in 

....... 
this respect from time to time, hereby ~pecifies with 
immediate effect, the following auth~Jn pI3.ce 
of authorities specified ,earlier rega,raing AppoiIit-
ing, Disciplinary and ,Appellate Authorities under 
the said rules forGroup 'c' a11(1. 'D' pos~ in the 
Secretariat and Superintendent outside the Secre-
tarfat:~ .. 

SCHEDULE 

Authority compe-
tent to. impo!'le <11 >. 

penalties and which ; 1: 
it may- impose ;:::; 0 

SI. No. l>es~ription of .post Appointing. 
. - Authority 

(with r'eferellc;:e- to 11-5 
item numbe13 in P.::s 

_'_',::R,::u:,::'e..:,:,::,.::, _'- « 

, 2 

1. Group, 'C' and 'D' 
posts in the Secre­

tariat and Super­
intendent . outside 
the Secretariat 

3 

Secretary 
General 

Adminis­
tration 

Authority 

4 

secretary 
General -

Adminis­
tration 

. , 

Penal-
ties 

5 6 

All Chief 
Secre..;­
tary 

By order and ,in the name of the Administrator 
of Goa, Daman and Diu. 

N. P.Gaunekar, UnderSe<;retary (Personnel) . 

Panaji, 30th December, 1985. 

••• 
law Department 

Legal Affairs Brdnch 

Notification 

,7/17/85·LA, 

; ,-

The following Act which wa.s passed by the Legis­
lative 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 2;i'th 
November, 1985 is hereby pubIlsl1edforthe general 
information of the public. 

B. S. Subbanna, Under Secretary to the Gove:rn-
mentof Goa, Damal,l and Diu. '. :. 

Panaji, 9th December, 1985. 



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The Goa, Ilaman and Diu PubliC Health Act, 1985 
(Act No. 25 of 1985) 

AN 

ACT 
to make provision for advancing the Public He.alth 
. in the Unicn ·territory of Goa, Daman and Dtu. 

Be it enacted by the Legislative Assembly of Gas, 
Daman and Diu in .the Thirty-sixth Year of the 
Republic of India as follows:-' 

CHAPTElR I 

Preliminary 

1. Short title, extent and commencement. - (1) 
This Act maybe called the Goa,Daman and. Diu 
Public Health Act; 1985 .. 

(2) It extends to the whole of the Union territory 
of Gas, Daman and Diu. 

(3) It shall come into force at once. 

2 .. Definitions. - In this Act, Unless the context·. 
otherwise requires,-

. (1) "buildi!lg" includes,~ 

(a) a house, ol,lt-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 buUt with bricks, wood, 
mud, metal or any other material whatsoever; 

(b) a structure on wheel or simply resting on . 
. the grouild without foundations; and .. .- ~. 

(c) a ship, ·vessel, boat,tent, van and any other' 
such structures used for hUlnan habitation; 

(2) "cattle" includes elephants, camels, mules, 
asses, horses, cows, buffaloes, bulls, bullocks; sheep, 
goats, dogs and pigs and the young, ones of these 
speci~s; 

(3) "Collector" means the Collector of Goa, the 
Collector of Daman and the Civil Administrator, Diu 
and includes. an Additional Collector; 

(4) "Director" m1ans 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, 
cnlvert, ditch; channel or any other device for car­
rying off sullage, sewage,offensi've matter,polluted 
water, rain water or subsoil water; 

(6) "drug" 'means any substance used as Ine<li­
cine whether for internal or external use, or any 
substance used in the comPosition or. preparation' of 
such medicme; 

. (7) "dwelling house"· means a building cons­
tructed, used Or adapted to be used, wholly or prin­

. cipally, for human habitation' or in connection 
therewith; 

(8) "factory"meansany premises including the 
precincts thereof wherein any industrial,. Iilanufac­

. turing or trade prO!!css is carried on with the aid 
of ,steam, water, oil, gas, electriCal or any other 

SERIES I No. 42" 

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 putrnying substances; 

(10)' "food" includes every article consumed. or 
. 1,lsed by man,' for food, drink, or chewing, and all 
materials used or admixed in the composition or' 
preparation o{ such article and shall also .include 
flavouring and. colouring matter and c<¥1diments; 

(11) "Government" means the Government of the 
Union territory of GOa, Daman and Diu; 

(12) "Health Officer" m~ans theHe~0fficer . 
appointed by. the Government ·under section 8; 

(13 ) "house drain': means any fu.ain actuaJly used, 
or intended to be used for the drainage of one or­
more. premises; 

(14) "hut" means any building Which is construc-­
ted prinCipally of wood, mUd, leaves; grass, thatch,. 
or metallic sheets, and includes any temporary struc-­
ture of whatever size or any small building of what-­

. ever 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 s~tion ""7 and includes notified 

. diseases as defined in section 57; 

(16) "latrine" includes privy, water-closet and 
.. urinal, .whether public or private, or whether open 

or flus)lOut; 

(17) "local area" means the area within the jUTIS-­
dictioh of a local authority; 

. (18) "local authority'" means,-

(a) in any municipal area, the Municipal Council 
.concerneq; . 

(b) in any other area, the Village Panchayat­
concert.ted; 

(19) "lodging house" means.a hotel, a boarding 
house, . a choultry, dharmashala or rest-house not 
maintained by the Government ora local authority" 
or any place where casual visitors are received and 
provided with sleeping accommodation, with or' 
without food, on payment but does not include-

(a) a students' hostel.under public or recoguized 
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 Magistrate as. cons,­
trued under section 3 of the Code of Criminal Proce­
dure, 1973 (Central Act 2 of 1974); . 

(21) "notification" means a :notification publish~ 
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 or 



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16TH JA,Nf!ARY, 1986 (PAUBA 26, 1907) 
. . 

sight, smell or hearing or disturbance to rest: or sleep 
or which is 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 vici­
nity or persons who may have occasipn to use any 

. public right; 

(23) "occupier" includes,-. 

(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, hous.esweepings, 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 nui.sance; 

(31) "sewage" means )lightsoiland other contents. 
·of latrines, cesspools or drains. and includes trade 
effluents and discharges from manufactories of all 
kinds; 

. (32) "street.". mea.nsa 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 Munici­
pal Council constituted under the Goa, Daman and' 
Diu Municipalities Act, 1968 (7 of 1969) and 
includes any panchayat notified by the Govern­
ment .as an urban local' 'authority for tbe purposes 
of this Act; . 

(35) "venereal disease" means syphilis, gonorr­
hoea, soft-chancre, venerealgranuloma~ympho-
granuloma; ... - ,*-

(36) "water-course" includes any river,. stream 
or channel, whether ·natural or artificial,. other than 
a -drain;" , 

(37) "workplace" means any premisef! 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 

(26) "owner" includes the . p&son for the .tin1,. other remuneration; . 
being receiving 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 cllaritable P11I'pOSeS, 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, Darnall and Diu Village 
I>anchayatRegula.tions, .1962(9 of 1972) ; 

(28)' "prescribed" means prescribed by the Go­
vernmentby 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 premiSes on his 
own land to secure ac)cess 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 cause­
way; 

(b) the footway attached to any such street, 
public bridge or causeway; and 

. (cl the drains' attached to any such street; 
public bridge or causeway and the land whether 
'covered or riot by any pavement, verandil., or 
other structure which lies on either side of the 
roadway upto the boundaries of the adjacent 
property whether that property is' private· pl'O-' 
perty or property belonging to the Central Go­
vernment or the Government; 

(38) "workshop" means any premises including 
tbe rrecincts 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 .commercialbasis 'and not less than . 
five persons are employed for .that . P11I'pOSe , for 
wages or any other remuneration. -

CHAP'rER'n 

Controlling Authorities .and their. powers 

3. Constitution of PUblic Health Boaro. - (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:"':" • 

(a) the Minister for Public Health; 

(b) the Director of Health Services; 

(c) Director of Municipal Administration; 

(d) Collector; 

(e) Chief· ToWn Planner; . 

(f) three persons having special knowledge of 
matters relating to public health or public.engi-
neering. . 

. (2) Members nominateq. under clause (f) of sub­
-section (1) shall hold office for a period of one 
year from the date of nomination but shan be eli-

. gible for re-nomination; 

(3) The Minister for Public Health shall be the 
President of .thePublicHealth Board and the Direc­
tor of Health Services sha!! be its. Secretary. 



"'4. :Funetions'oi' the 'PublieHeaJth . Board. - (1) 
The Public. Health Board shall advise the Govern" 
inent. onslichiriatters as the Government may; 
from tim!! to time, ·refer to it. 

(2) The -:ineethigs of the BOard and the mode of 
transaction of meetings shall be governed by such 
regulations as,IDaybe framed byit. . 

(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 o{ Government' and of Director of. 
Health Services;- (1) The Government shall have. 
power to inspect, control and superintend the ope­
ration of local authorities under this Act. 

(2) The Government may, from time to time, de­
fine the powers to be exercised and the duties to be 
performed, by tl).eDirector or any member of his 
staff for the purposes of subcsection (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 i1pder 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, di.nict that in respect of any function 
to. be performed by a local authority under this 
Act and specified in the notification, the Govern­
ment, and not the local authority, shall be the 
~ocal authority in all or aIiy areas which are com­
prised within the jurisdiction of such a local au-
thority. . 

7. Powers of Director t6 rooommend 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 iii the local area, or for safeguarding 
the pub.1ic health therein: 

.. Provided that, if on accourit of financial or other 
reasons any local authority is. unable to carry. out 
such measures _ and requests the Government to 
carry outliuch measures; the' Government, after 
satisfying . itself about.the -genuiness of the said 
difficulties, shall caITy out the said measures ... 

," .. ' . 

8. Appointment of Health Officer .. - The Govern­
ment shall appoint, for each local area a Health Offi­

. cer with such qualifications' as may be prescribed, 
f()r the PJ!11loses 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 unusual mClI"t!ility therein, the 
Government may by order, appoint temporarily, for 
such period as maybe 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 ofsub-sectiori(l) the G0-
vernment may appoint: any medical practitioner' 
registered under the Indian Medical Council Act, 
1956 (Central Act 102 of 1956) , either on an hono­
rary basis or on' such salary and allowances or both 
a'S 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 ~ 
local authority, to. exercise such of the powerS of 

. a H~alth Officer under thiS Act, in such area, and 
subJect to such restrictiOns, limitations and condi­
tions and to such control and revision, as maybe 
specified in such order. '. 

11. Appointment of persons to carry out the pro­
visi01I:S of .. this.Act.~No~withstanding _ anything 
contamed ill th,S Act or in any other A~:t Acts 
governing the local authority or authorities eon­
cerned, .the· Government. may, by general or special 
order, appoint any person or persolli1to carry ollt 
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 esta" 
blishment. of such area. . 

(2) (a) Save. as otherwise provided in this Act 
or in any rules or regulations made under it,all 
appointmeIits, transfers and punishments of the 
members of the public health establishment tInder 
the supervision and c.ontrolof the Health Officer .. 
shall be made by the Health Officer subject to the 
approval of the Director. ' . '. 

(b) If ~or any reason the loCal authority dis­
agrees WIth the .orders ·.of the Health' Officer 
under clause (a) the local ,,"uthority shan refer the 
matter to the Director, whose decision Shall be 
final; . 

13. Authorisation of Health Officer to perform 
the functions of local authority in' publlcheaIth 
matters. ~ T?-e Health .. Officer Shallperforp1 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, dlltermine. .... . 

CHAPTERm 
Water-Supply 

14, Local authorities to provide potable water.­
Wherever a local authority has made a provision for 
supplyo£ drinkin:g water for consumption by the, 
inhabitants of the area Within its jurisdiction, it 
shaU ensure, - . . 

. . 

(a) that as for as possible, the water-supply 
is c.ontinuous throughout the year; and 

(b) that the water' supplied is at all· times 
wholesome' and fit for human consumption. 

15. Power of Goyernment to direct localltuthority 
to execute water works.- (1) Jiin. the opinion of 
the Government, a lOO;ilarea does not possess a 



l6TBJANUARY,1986 (PAUBA 26,1907) 

.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 directed by the Govern­
ment 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 difficulfies;shall . 
·execute. tile said works. 

(2): A local"authority may, with the previous 
;s~mction 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 t:ilre on lease any waterwork, 
or aliy right to store or to take, convey water, 
either within or without the limits of its local 
area; and 

(c)confract with any local' authQrity 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, reser­
voir, pond, or other source of water-supply whether 
within or without the limits of its local area (other 
than it 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 the local autho-' 
rity, only to the extent necessary for such purposes. 

. . 

. 16. Power of GOvernment to divert water from 
water-mam belonging toa local authority.":-' The 

·Government· shall have power to take water frQm . 
any water-main belonging to or in the control. of. 
. a loc.al authority for supply of water to any other 
area,' subject to such payment being made. to ihe 
local authority concerned and subject also to such 

. -other conditions a~, 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 au­
thority to show cause against the proposal, and con­

.. sider its explanation or objections,.if any; 

17. Power of Collector in rel{ard to water-supply. ~ 
(1) The Collector 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. SO'UrCe Qf 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 a,dditional 
l!1ource.or sources of water~supply is necessary for 
;such local area or part thereof. . . . 

(2) The Collector or other officer aforesaid .may 
after taking into .consideration the result of. Jlllch 
inquiries; by notice,direct that any source 9fWJl,t~r­
-supply be cleaned" improved, repaired' or !,>therwise 
protection from contamination, or that such,addi, 
.tional source OJ; sources of water-supply be' provi-
ded, as the ease may be: . ) .. 

.. 
Provided that before issuing a notice under'.this 

sub-section, the Collector or other officer aforeSaid 
shall give the authorities pr 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 Colle()tor 
or other officer under sub-section (2) an aplieal 
shall lie to the prescribed authority whQs~ d<)ciSion 
shall be final. .' .. 

. (4) . (a) Every notice issued under. sn'etion (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.noticeshall,-
(i) be publishedin the prescribed mil,nner;and 
(Ii) be seJ;Ved 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 
l;lrescribed manner. . . 

S., -., 

(5) If directions contained in the .notice issued 
under subcsection (2) have not been satisfactorily 
co~plied 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 .l·escind any directi<>ll eon-
tained therein.·· , 

18. Power of· Director to direct lQCa,1 authority 
to improve water-supply. - If the Director isllatis­
fied upon investigation .th.at any source of public 
water-supply in local area is contaminated .. or : is 
subject to imminent risk of contamination 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 amninistration to submit samples of 
drinl<ing. water for ·analysis. - In the . case' of any' 
railway in the territory the Government niay, by 
general or special order, require the authority admi­

. nistering 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 exa­
mination of water-supply. - The Government shall 
have power to make rules providing for .the pro­
tection and periodical examination of sources of 
water-supply in the Union territory of. Goa, Daman-
and DilJ. . '. . '.. .' 



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(,21. iJlealth ,Officer's powers.in regaroto ~ani-
'1ary:sOurces.- (l).The Health Officer, may, at 

anyitiine; by written notice require, that~e owner 
of, or' 'any 'person having·c()ntrol over, any lake, 
stream,: spring, well, tank,reservoir,. pond or other 
souree 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 speci­
fied in; the notice not being less than thirty days 
from' the receipt thereof - . 

'. 

(8S keep and maintain: any such source of supply 
.in $Uch manner as the Health Officer may direct; 
or, 

(b) 'cleanse any such source' of water-supply 
from,llilt, refuse and vegetation; or 

, '(c) protect any such source of water-supply 
ftom pollution by surface drainage or otherwise, 
in such manner as the Health Officer may direct; 
or 

(d) fill in,rep!lir, protect or enclose in such 
manner as the Health Officer may direct, any such . 
source of water-supply, if for want of sufficient 
rel1aii, 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 
haVirig occasion to use or to pass or approach the 
sarne;or ' 

(e) desist from' rising, and from permitting 
'others to use for drinking purposes any such 
source of water-suppiy 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 fil~ up, enclos.e 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 otherwise, remove fr~m any 
such, source of water-supply or from any land ,or 
premises or' receptacle or reservoir attached or 
adjacent' thereto, aily stagnant water which the 
~ealth Officer considers to be injuriOi1$ to health. 

. or offei1$ive 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 drin­
king purposes notwithstanding the issue,.of such 
notice, and the Health Officer considers that such 
use, cannot be prevented otherwise than by the 

, ;,s&ue ofa notice under clause (f) .. 

(2) If the owner or.person having control as afore­
. said fails or neglects to comply with any notice issued 
under ;sub-section (1) within the time specified 
therein the Health OHicer may, if immediate action 
is necessary ,to protect the health or safety of any 
person; Ol:persons,at once proceed to ,execute the 
'wot"k,,specified in .su<;h notice; and all the ,expenses 
incJ;UToe<l, :in respect' ther~fby,the Health.Officer 
.shall be paid by the owner of, or person}laving 

cOlltrol Over SJlc.h,.sQurce o£water-supply and.sha~ 
be recoverable as if,it ",(>re a tax aJ!,e t() the, local 
authoritY., concern(>d: , . 

• :Pro~ided that in the sase of any private s,ource 
the water of which is used by the, public or by any' 
sectionol; the, puj:)licas pf right, the expelises which, 
have been incJrrred 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 fUllds of such authority as the 
Government, by order, determine. ' 

22. New house not to be Qccupied without ade­
quate'",ater-supply. --:- No oWner of any dwelling-· 
-house which'may be constructed or reconstructed 
after the commencement of this Alltin any urban 
local are~ shall. OCCUPy it, or. cause or ~!!5IP!t it to, 
be OCCUPled untIl he has obtamed a certifi'l!!llte.from 
the Health Officer that there is within the house, or 
within a reasonable distance therefrom, a supply of 
wholesome water sufficient for the domestic PurPo-, 
ses of the inmates of the house. 

. 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 with a system of public drain or with 
any other means of drainage, they may ·direct the 
local authority concerned to provide or execute,. 
within .such time as may be fixed in this behalf,. 
such works.as may ,be considered IJJeCessary. 

(3) The local authority shall at all times keep in 
good repair all drains" cesspools alld the like vestE)d 
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 nearCllt 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 Offi­
cer, there is no public drain or other place set apart 
for the discharge of sewage within a reasonable 
distance of such premises, he may, py notice, require' 
the owner of the premises to construct -" 

. (i) a clos,ed cesspool, septic-tank, filter orothe~ 
work of such 'material,. size and. description,as 
he may direct; and' . .' . ". ". ',,-

'(ii) , a h<!uae-th-ai'n communica1:h..gwithsuch 
. closed cesspool, septic-tanl>, filter or other work:. 

, . - - . 

(2) Where by. reason of a local authority chan­
gingits.sy;;tem of drainage or undertaking a new 
,system of drainage, it beccimils· necessary for. the 
owner of any prenUs.es.:to~ recoi1$truct or alter . any 



18TH'J AN:UXb,'K,1986 (PAUSA 26, 1907) 

drain. th~ 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 au!:hority' and partly by the owner, in ac­
cordance with such rules as may be. prescribed. . 

, 25. Drains in ptivate streets. - Where a house­
-drain belonging to one or more premises has been 
laid in any'ptivate street which is common to more 
than one premises and the Health Officer considers 
it desirable that any other premises should be 
drained hltO.such drain, he. may, by notice, . require 
the ,owner of such premises to. connect. his house-· 
-drain with such first-mentioned drain; . and the 
oWIieror owners of such first-mentioned drain. shall 
thereupon be bound to permit such connection to be 
made: 

Provided that no such connection sh~ll be made -
, (a)eJ!:~ptupi>n,Sllc\l t~rms asmay be mutually 

agreed upon between or among the owners con­
.' cernedor . 
. . - "', , ,,- _.' . " .. - -,' 

. (b) in default, of such 'agree!p.ent; except upon 
, . suCh . terms as may be laid down ':by the 16Ca.l 

authority and in 'particular, lintil any paYment 
" which may·be directed bythelooalauthority to 

be made to the owner or owners concerned 'has 
been duly made .. 

. ,.... , 

26. Dr.unage for huts.,.-'- (1) Drains for the 
drainage of' huts shall be of. such size and descrip­
tion, and be constructed of such material as may 
be considered by the Health. Officer to be practica­
ble, haviIlg regard to the circumstances of the loca-, 

, lity and the position of the nearest public drain. or 
other place set apart by the l6Ca.l 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 
constrnct suCh drain and such, owner shall construct 
such drain, and cause it· to be cleansed and repai­
red to the satisfaction of the Health Officer. 

27. Drainage Qf court.yard, alley, passage, etc .. ---" 
For the purpose of efficiently draining any land or 
building, the Health. Officer may, by' notice, require 
the Qwner of any cou'rt-yard, alley, lane, passage or 
open space·-

, (a) to raise or pave the same with such material 
and in such manner as may ~ approved by the 
Health Officer and to keep suCh paviIlg in pro­
per 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 OWe 
cer to require that in any case both the measures 
specified in clauses (a) and (b) shall be taken. 

28. ConstructiQn and clOsure .Qfcesspools.- (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 practicabHi having regard to the circumstan-
cesof thelocality; or ,. 

. , (b) within anylooal area or outside such area ' 
but within three hundred' feet of any reservoir 
used for the storage Of filtered water to be sup­
plied to such area; except upon a sit.e· and in a 
position which have bElen 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. 

29. ProhibitiQn of Qccupation of newbuilding.­
No owner of .any building constructed or reconstruc~ 
ted after the commencement. of this Actin any 
urban.Iocal area I>haJl occupy it, or cause or permit 
itto ~ occupied, until h!lhasobtaine<;la certificat~ 
from the. Health. Officer. that the' buil~pasbeen 
proVided with sufficient means of dr3.in~:',,' ,: "; 

. 30. Sullage or sewage not. to be let out into 
street, --'" No person having control over any btiild" 
ding or 'land shall cauSe Qrallow':"': . , . . . 

. ;··i~) . the water of any sink, sewer, latrine Qr 
<>ther sanitary convenience, or· any other liquid.. 

'. or, other matter whiCh is, 01;' is likely to become 
.offensive to run into a drain, or to bEl thrown 
or put upon, any street or open space or to soak 
through any external wall; 01;' 

(br any ofrensivematter·from any sewer, latrine 
or sanitary convenience, to run,.drain or be thrown 
into a surlacedrain in any street. . 

31.· Injutions 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 dispo­
sal of such contents; ot' 

(b) any liquid being refuse or steani or other 
liquid which is, either alone or in combination with 
the contents of the drain, dangerous, or the cause 
Qf a nuisance or prejudicial to'health; or 

(c) any'explosive or inflammable substance., 

. 32. PQllution of waterprohibitecL - No person 
shall save as may. be generally or specially pres-
ctibed-. . . 

(1) put, orcallse to be put or cause to fall or 
flQW orbe.camed or knowingly permit to be put or 
to fall or flow . or be carried, into any water­
-course, lake, tank, sea-water within five kilo­
metres from the shote~ 

(a) any solid or liquid.sewage matter, or 
(b ) any poisonous, noxious or polluting liquid 

proceeding from any manufactory or manufac­
turing 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 therem, the solid refuse of any manufactory, ' 
manufacturing process or quarry, or any rubbish 
or cinders, or any qther waste or putrid solid 
matter, or ' 

(3) commit nuisance ill or in the neighbourhood 
of any water.course. 

CHAPTER V 

.. S.Bnitary . convenience 

33. Obligation of lOcal authority to provide public 
sIl.nitary 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 slfch pl:wes to be .k~pt 
in proper order so as not to be a nUlsance or InJu­
rious to· health. 

34. New houses to be provided with sIl.nitary con­
veniences. - If in any local area any building in­
tended for human habitation is constructed or is re­
constructed after 'being pulled ,down to or below the 
ground floor" the owner thereof shall provide such 
sIl.nitary conveniences and in such positions as'the 
Health Officer may, by notice, require. 

., 
35: Additional sanitary conveniences.- If any 

bnilding intended for human habi,tationis without 
any sanitary convenience or if, in, the opinion of the 
Health Officer, the sanitary convenience or conve­
nience provided ·therein are insufficient, having re- , 
gard 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 ' 
owner of such building-

(a) to provide such sanitary conveniences ' or 
such additional sanitary conveliiences' 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~o constructed as to screen, persons using 
the, same and the .tilth froll.l 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 commen­

cement 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 impro­
vement 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 ormOl'C 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 pui'Poses of this Chapter ---

(1) any premises iii such a state as, to be pre­
judiCial to health; 

(2) any pond, pool, ditch, gutter, water'course, 
water-trough, latrine, cesspool, drairt or ashpit 
which is so foul pr in such a state as to be pre­
judiCial' 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 ventila­
tion or in which sufficient ventilation is not main­
tained,or which is not kept ciean or not kept 
,free from noxious effluvia, or which is so over­
crowded while work is carried on as to be pre­
judicial 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 what­
soever; ~ 

(7) any chimney sending forth smoke in such 
quantity ,as to be a nuisance; and 

(8) any noise, vibration, dust, cinders, iritat­
ing smell, noxious vapours or offensive odour 
produced by a factory, workshop or workpIace 

, or an installation and which is a nuisance to the 
neighbourhood. , 

38. Detection of nuisance. - Every local autho­
rity shall, - (a) cause its local area to be inspected 
frOIn time to time with a, view to aScertain what 
nuisance exist therein calling for abatement under 
the powers conferred on such authority by thIs Act, 
and ' 

(b) euforce the. prOVISIons of this Act in order 
to abate such nuisances. 

/39. Iilformation regarding nuisance. - Any person 
aggrieved by a nuisance, in any local area may give 
iuformation of the same to the Health Officer or 
any other officer of the local authority. 

J 4(). Power of Health Officer to abate nuisance.­
If the Health Officer is satisfied, whether upon 
information given under section 39 or otherwise, of 
the existence of a nuisance, he may, by notice, 
require the perSon by whose act, default or suffer­
ance 'the nuisance arises or continues, or, if that 
person cannot be found, the owner or occupier of 

'tha premises on which' the nuisance arises or con­
tinues, to abate the nuisance and to execute such 
works and take such steps as may be necessary 
for that purpose: 

,~ 

~ ___ """"iiiiiiiiiiii ................ -.... " .... --_--_""""" ....... ~~~~~~--~~~' "~~~~'-~-~=---~ 



16TH,JANUARY, 1986 (PAUSA 2:.:6~, -=1=--90:...:i~)-----.:.~~ __ ,--_~ __ -, _______ --,--=:..pij=.T 

'. -.; 

... (Ii) where the nuisance ari~es fronlallydefeet 
, of a' structliralcharacter, the notice shall be 

· . served on the owner of the premises; 'and 
"" ' "". . 

.: (b) where. the person causing tlWnUisance 
,'. cannot be found and it is clear that the nuisance 

does not arise '01' continue by the act, default 
· .or sufferance of the owner or . the occupier, of 
. the premises, the Health Officer may. himself 
forthwith do what he considers necessary to 

.. ··abate the nUisance and to prevent a recurrence 
thereof. . . 

,. 'l1.PoweroHocitl- authority to abate nuiSait<;e.­
If the person on \vhom a notice to' 'abate a nili.sance 
has been served· under section 40 makes default In 
lW~plying with anyo.f its reql:lirements within the 
time speCified 'therein or if the mrlsance ·although 
abated Within such' time is, in the opinion of the 
loeal authority; likely to recur on thes!tm.e I1remis;es, 
the local authority may arrange for the execution 
of any works necessary to abate the nuisance or 
to' prwent'its ·'recurrence" as the case maybe, and 
may 'recover the cost . from ' such 'personsas if it 
Were a tax due to the local authority.: ,,: . . . ,- . . , 

. 42. Provision regarding houserenderoo unfit"for 
occupation by reason of nuisance. - Where, a J;1ouse 
Pr other building, is in \:he opinion of thE! 'ReaJth 
Officer, unfit fpr liUnlan habitation, by rea:;lOn of 
a nuisance existing·therein, he may·apply·toa· Ma" 
¥i~trate to prQhil?it the. use of:,u?r. 9-ouseor bili.l~­
mg for hUI\lan' habitatlOnuntIllt IS rendered fIt 
~erefor .. ' 

· ...... , 43~DisPosal of . articles ~mo~ while'· abating 
nili.sance.- (l).The Health Officer may sell any 
material which have been removed by him from any 
premises when executing works under this Chapter 
Or otherwise, carrying into effect the provisions 
thereof; if such materials are not claimed and taken 
'away by the own.erbefore the expiration of seven 
days from the date on which they were rerp.oved 
by the local authority. 

(2) A Health Officer sellillg any materials under 
sub-section (1), shall pay the sale-proceeds to the 
person to whom the materials belonged after deduc­
ting therefrom the. amount of any' expenSes recover-
able from him by' 'such authOrity. . ". 

(3) The provision!> of this Section shall not 
apply to any offensive matter removed by a local 
ll,uthority under the Act governing such authority. 
I .' . . 

, . ~4. Powers of entry and inspection. - Any Officer 
of' the Public Health Department of the Government 
not below the rank of Health or Sanitary Inspector, 
may enter and insp'ect any prerllises for the purpose 
,oj! enforCing any of the provisions. contained in this 
.'Chapter: .. 

Providedthat-'-

'(a)nos)l~h entry shall be,mad~ between. sun­
set. a,nd .sunrise except when, a nuisance is caused 

'by anYthing don,? or. omitt~. to .. be done in the 
premises between sunset alld s'llnrise; . . 

(b) no dwelling house shall be SO" entered 
withou,t th,econsento.f t4~.O:<lcupim:thereQf,and 

~'U!ilt)ss'h'il'l).as l,>E\enserv.ea.ai·leQl;t ~wenty-four 
, - -, . ,'" '" -. - ," -' , ... ,~ .. '., " .. ' ,,,., -. . 

hourS previous: notice of: the int~t~on.t.oc,l!l~ 
such entry; ", ..... e, .;', "".e ... <,. 

(c) sufficient·notice ·shall·in,every ;cam'.be 
given to enable the inmates' of, any" ll.partn1ent 
approrriated to women to withdr;tw,to sorne I?art 
of the prelllises Where their priv,l.Cy'may:be 
preserved; and, ". " .' . 

(d) due regard shall be paid,so far~s: may: 
be compatible with the'exigencies of the purpose' 
of -the' entry to the·' social and religiOUS: :lI-sages 
of the persons residing in 'the premises. ';' .. L; 

. . '," __ : " -.r -:,-::~>::).':':-: 

45. Nuisance caused by act or .omission' {)lri,~dll . 
localarea.-If a nuiSance under this.Act .within, 
Or .affecting any part of a local area:,.appea,m. :t9 be 
wholly or partly caused by someact,or,:d,efalilt 
committed or taking place outsidesuch:local,carea, 
the Health Officer may take or. cau~be taken 
against any person in respect of such actordefa'ult 
any proceediligs in relation to'miisances, calitlfurisea 
by this Act in the like cases and, with the ;lik~dnci" 
.dents and consequences as if the act or default. 
wer'ecornmitted .or took place wholly withiiJ. :such 
loCal area.· '. , .. 

. .", ,. . ,-',;; '.:-~ L-:.': 
46: Pr.ohibiti.on .of the deposit of rnbbish,e.et.J. 'in 

streets, etc. -"-- (1) No person shall deposit '<ir'caU$~ 
or suffer any rIlember of his family or hou!>e ho'la to 

. deposit ,;tnycarcasses of animals,. auy )lust" dirt, 
. dung, aShes, or· refuse, or fi~th;., eartJ.i~~~. or 
other rubbish, or any other thmgwhlch IS or'rnay 
be a' nuisanQe in any a street, or in 'anycarcp ~er a 
street, or in any drain beside a· street; .'01' ')olil1any 
open space?r ~n ll,llyquay, jetty or landing ,place 
of or any part of th~,: sea-shore, or on the bank of 
any water"course, except in sucllreceptacres as: may 

. be provided at such places, in such manner antl nt . 
iluch. hours, as may be fixed by the local·ll.u¥ty. 

(2) No p~rson shall causehinl~elf or cause,pEirlDit 
or suffer any member of his family '01"household 
to ease himself in any such street, arch', drain\, Upen 
i!paCe, quay, jetty, landing place, Sea-JlhOl:e .or. bank .' 
aforesaid.'·.··'.' '. . ·;;::~:L.'>:, ... 

(3) Any person ,easing himself\jn;cIU1Y',.private 
open space shall immediately cover up the excreta 
with earth. . ,.... , ,. 

CHAPTER vn 

Preventio~, :notificafion and treatment 'of- diJ;eases; :-. 
. , - - '- ' . - - " - -'. ", ~ 

47. Infecti.oUS diseases. - For the purposes of''thiS 
part, 'infectious diseases' means (a) ac~te influen­
zal pneumonia, (b.) anthrax, (c) cerebrespinal fever; 
(d) chickenpox,(e)' cholera, (f) diphtheria, (g)'!en,. 
teric fever, (h) leprosy, (i) plague, ,(0) rabies, (k) 
relapsing fever, (I)' smallpox, and any other' qisease 
which the Government may from timE) to ti,ine,-'by 
notification, declare to bean infectious disease either 
generally throughout the Union territory or 'iii }such 
.part or' parts thereofa~ may be specified in the 
notification. . "', 

48. Appointment ofadditiooal health. sta,ff.7' (ll· 
'In the event of the prevalence or. threatened'out­
break, of any infectious .diseasein ally 19¢aC1u-ea, 
or of, any unusual mortalityilierein, 'the" l<?cai' ,aUtho­
rity concerned 'shalk'pl!6Vide such 'additional'iitiiff, 
medicines, . applianc~siequipments; and" other.things 
as may, in the opinion of. the Health ·Officer; . be 



tl~ for the treatment of suc~ infectious ?iBea~ , 
ses ,and preventing it from SPrea.?lng: or for m~es­
tigatlI\.g, the cause of such ,mortality and preventing 
it, as the c8.se may be: ' 

, PrOVided that, if the local authority ~oes not 
agree 'with the opinion of the, ~ealth OffIcer, th.e 
matter shall be referredto'the Director whose decI­
sioo shall be final. 

SERIES ,I No.; ,42' 

51. Medical prllCtitioners to give" information, of: 
certain infectious diseases.- Every medical, prac­
titioner who in the course of his practice becomes, 
cognizant ()f: the existence of, any, case of enteric 
fever or tuberculosis In any private or, public dwel­
ling other than a public hospital shall, if the case 
has not been already reported, give information of 
the same with the least practicable delay ~ 

(a), In a local area, to the local authority concer-
, ned; and , ' 

(b) In any other ~rea, to the Health Officer" 
or a Health or Sanitary Inspector; 

" ,(2) In the event aforesai?, if. the Health <?£ficer 
considers that immediate action IS neces~ m !he 
Interest of public health, he may, notwll;hl!tandmg 
anythlng contained In sub,~tion (1),. appomt s~ch 
staff ,and obtain such medicmes, appliances, eqUIp­
menta and other things as may be necessary; and 
the ,eXpenses ,Incurred In respect' the!"eof shall be 
metftOmthe funds of the local authOrity. , 

Explanation. - In this section 'medical practiti­
, oner'lncludes a hakim or vaidya whether registered' 

or not. 

"'j (3) : Every appointment niade under ,sub-section 
(2) shall be reported forthwith to the local autho-
rity concerned. ' 

; 49. ,Provisions and maintenance of isola~on bos­
pitals and Wards. - (1) (a) The local authOrity m~y, 
and if sO required b~ the Gq;v~rnment shall prOVide 
{)r cause to be prOVided hOSPItals, wards or other 
places for the reception and treatment of, persons 
sUffering fr0R:l. infectious diseases. 

, ,', (p)For the purpose of the reception and treat­
ment of such persons a local authority may-

(i) itself build such hospitals, wards or places 
, of reception, or ' 

, " '(n) contract f~r the' use of any existing hos­
pital or part of such hospital or place of recep-
tion, or " , 

, (iii) enter mio an agreement with any person 
having the management of any such hospital, for 
the reception and treatment therein of persons 

. suffering from infectious diseases. 

, (~) For the purpose aforesaid; two or more iocal 
authorities may In combination provide a common 
hospital or place of reception. 

(2) A local authority shall not be deemed to have 
discharged its obligation under sub-section (1) unless 
the hospitals, wards and places of reception In ques­
tion are maintained In accordance with such general 
or special orders as may from time to time be issued 
by the Director. ' 

50. Provision of ambulances, etc. - The Director, 
shall,-

'(a) provide and maintain suitable conveyances, 
with ,sufficient attendants and other requisites, 
f()r free carriage of persons s,uffering from any 
infllctious d,iseases; and ' 

, (b)' provide proper places and apparatus and 
establishment, for the disIDfection of conveyan­
ces, ,clothing, bedding or other articles which 
1!A~ebeeh >exppsed t<>illi'ection, and when, any 
C9D.veyances, clothing, bedding or articles are, 

. brought to any ,such,p!age for disinfection may 
"c;a1ll1e them,at.:its ,g;scretion, to be disinfected, 
,~it~er i'ree.<>f ,charge"oronpayment of stich fee 
" a,il1tmay ~;,j" , ,'Cj 

52. Prohibition of the, use of water mMuspected 
source. -(1) If it appears, to the. Health Officer' 
that the .water In any tank, well or other pisee, 
if used, for drinking, or any other domestic purpose~ 
is liable to endanger or cause the. spread of any 
infecti~us disease, he may, by public notice, prohi­
bit the removal for, use of the said water generally 
or for any specified domestic purpose and, shall '. 
direct the local authority to provide alternate source ' 
of water within a reasonable distance. 

(2) ,No person shall remove or use any water In 
respect' of which any such notice, has been issued 
in contravention of the terInS thereof. 

53. Removal of infected pe~n to hospital. -:--- ,(1) 
If it appearS to the Health Officer that any persoIl' 
is suffering from' an infectious disease, and that 

, such person "-

(i) is' without proper lodging or' accommo-
dation, or ' 

(ii)is without medical supervision directed to 
the prevention of the spread of the disease, or-

(iii) is lodging In a place occupied by more, 
than one family; or 

(iv) , is In a place where his presence is a danger' 
to the people In"the neighbourhood; and 

(v) should be removed to a hospital or other' 
place at which patients suffering from such 
disease are received for treatment, the Health 
Officer may remove .such persOn or cause him to' 
be removed to such hospital or place. ' 

(2) If any woman who, according to custom, does 
not appear In public is removed to any such hospital 
or place- . ' 

(i) the removal shall be effected In such a way' 
as to preserve her privaCy; and ' 

(ii) special accommodation In accordance with 
the customs aforesaid shall be provided for her 
In such hospital or place. ' 

(3) No person shallieavei or be taken away from, 
any 'hospital or other, place referred to in sub-seC­
tion (1) ',wi.thout theperInission of the Medical' 
Officerln'ch;irge' or of the Health Officer., 

. ,(4) Whoever..:.. 

, ,'(a)o~ctsther~moval of any persOn to Imy 
'hospi1;al-'Orother place -under Sub-section (1); 01"" 



.. ~ 

16THJANUARl', 1986 (PAUSA 26,190"1) 

, • (b) Jeavf!S or takes away anYWrson from any 
,such hospital or place, in contrav~tion: ,of ' sub~ 
-section (3), shall be punished withimprisonmenj; 
which may extend to three months or with fine, 
or with both. 

, M.Prohibition of the exposure of other wrsons 
-to infections. - (1) No wrson who knows that he 
is suffering from an, infectious disease specified in 
:this Chapter shall expose other persons to the risk 
,.of infection by his presence or conduct in -'-, ' 

, (a) any market, college, playground, or such 
other place, or 

(b) theatre or other place of entertainment or 
assembly, or ' , 

(c) any hotel, hostel, boarding house, choultry, 
rest-house or club, or 

559 

, "58. ,OccuPati(in of houses ,to prevent the spread 
of inf~on. - .(1) The Hewth Qfficermay, in cases ' 
of emergency, with the sanction of the Collector 
enter upon, occupy and use, or depute any 
wrson to enter upon, occupy and use, without having' 
recourse to the prOvisions of the Land Acquisition 
Act, 1894 (Central Act 1 of 1894), any building or 
place which in the opinion of the Health Officer, is 
required, and is suitablef!?r any purposes connected 
with the preventiolf or control of infection from Ii' 
notified disease: ' ' 

Provided that, if the building or place il! occupied, 
notice shall be given in writing to the occupant, or be 
conspicuously affixed on such building or place not 
less thari thirty-!!ix hours pefore it is entered upon. 

, (d) any f;wtory or shop. 

Explanation. - A "person shall be deemed, to 
:know 'that he is, suffering from' an inf~ctious 
·diseasewithiri, the meaning ,of this ,sub-section if 
h~ has been informed by the Health Officer orariy 
i)ther officer of the PUblic Health Department of 
tlieGovernment or of a local authority, not below 

-the 'rank of Health or Sanitary Inspector or a 
Medic,al Practitioner that he is so suffering. 

(2) The oWlieror lessee of such buil_,pr, pIaCe 
, shall be entitled to comwnsationfor any damage or 
exwnsesincurred and to a reasonable rent' for, the 
period during which it had been occupied or used for 
any of the purposes referred to in ~ub-section,(l). 
Such compensation and rent shall be fixed by 'the 
Collector.' , , 

- ' 

• (2) No wrson who has the care of a ,person 
whom he knows to be suffering from an infectious 
,msElase shall' cause or permit that person to expose 
others, to the risk of infection by his presence 01;" , 
conduct in any place referred to in sub-section (1). 

55. 'Infected WrsriD. not ~ engage in certain, trades 
,and occupations, - No person 'shall, while, suffer­
ing from, or in circumstances in which he is likely 

-to spread, any infectious disease - ' 
(a) make, carry, or offer for sale, or take any 

part in the business of making, cariying or offer­
ing for sale, any ,article of food for human con­
sumption; or 

(b) engage in any other occupation without a 
special permit from the Health Officer of the local 
authority concerned or otherwise than in accor­
dance with the conditions specified therein. ' 

56. Prevention of 'infectious diseases transmissible 
'from animals. - If, i'n any local area, any infectious 
.nsease transmissible to man breaks out or is, in the 
-opinion of the Health Officer, likely to break out 
,amongst cattle or other animals it shall be the duty 
·of the Health Officer to recommend to the local au~ 
-thority the adoption of such measures as he may 
deem necessary for suppressing or 'mitigating the 

-disease or for preventing the outbreak or threatened 
·outbreak' thereof; and the local authority shall 
,consider such' recommendations and take such action 
'thereon as to it may deem suitable, ' 

PART II 

NOTIFIED DISEASES 

57. Notified diseases. - In this part, "notified' 
,disease" means, any disease which: the Government 
may, from time to time,by notification, declare to be 
a notified disease for the purpose of this part, either 
generally throughout the Union t~rritory or in ,such 
part or parts thereof as, may be specified in the noti~, 
:fication. .,,', ' 

, (3) The He8lth Officer shall, when any such bUild· 
ing or place ceases to be occupied or :used for any of 
the purposes aforeeaId, cause it to be thoroughly 
disinfected and cleaned. ' , 

59. ,Information regarding notified disease. -', 
Every medical practitioner, who in the course of his 
practice becomes cognizant of the existence of any 
notified ,disease in any' private ,or public dwelling 
Other than a public hospital and every manager 
of any factory or public building, every keewr of a 
lodging house, every head of':ffamily and' every 
owner, or occupier of a house, who knows or has 
reason to believe that any wrson in any premises 
under ' his management, control or oCcupation is' 
suffering from, or has died of a' notified disease, 

, shall, if the case has not been already reported, give 
information of the same with the leaSt practicable 
delay- ' 

(a) in local areas, to the local a)lthority, the 
Health Officer, or a Sanitary Inswctor, and 

(b) in other areas, to the Health Officer, a 
Health or Sanitary Inspector or the villageSar­
panch . 

Explanation. - In this section, 'medical practitio- ' 
ner' includes a hakim or vaidya, whethet registered ' 
or not. ' 

60.Pow&rof entry of Officers to take preventive 
nieasures.- (1) The Health Officer or any person 
authorized by him in this behalf; may-

(a) at all, reasonable hours;, inswct with or 
without assistants any place in which any noti­
fied ,disease is reported or suspected to exist 
without notice in the case of factories, workshops, 
work-places, offices and the like and' after giving 
stich notice as may appear to him reasonable in 
other cases; including dwelling houses; and ' 

, (b) !ake such measures as he may consider 
necessary to prevent the' spread of such disease 
beyondsllch place. ',.. ,', ,,,' ;' _: 



I 
:! . 

" [' 
i' 
I, , 
I' 
~r! 
t 
'I 

I 
I 

i 
I 
\., 

560 

(2) The powers conferred by sub-section . (1) on 
the Health Officer: 'may,jn loCal areas;· be eX~roilied 
also.by'the local authority or any person authorised 
by-such authority. '. " '.' ,. ,. , ., , "" .' 
.' . '. ". 

61. Destruction of hut or sli(id to prevent ~P~i1 
ofilifectio~. ~ (1) If it appears to' the H<~alth 
Officer that the destruction of any hut or shed is, 
necessary to prevent the, spread of any notifi~d 
diselj.se, he may,. after giving to th,e oWner and ,the 
Occupier of such huf:or shed stich'previous .notice 
of his intention. as may in the circumstances of the . 
case appear to him reasonable, tak", measures for 
hving snch hut or shed and all the materials there-
of destroyed. . 

(2) Such. compensation as ,the local'authority 
may consider reasonable, Shall be .paid to anY per­
SOn who in Its Olllnionsnstains loss by the destrnc­
tionofan-y 'nut or sheduhder the powers conferril4 
by sub-section (1) l>ut' save as pfovided iri this' sUb~ 

. ~se-ction, no claim for COmPEmsatiOri shall lie. fo~ an:\> 

. loss or damage"caused byaIiy exerCise of the powers 
aforesaid.' . . , . ',. . .. . 

62 .. C~osure !>f 1000ging i).ouses.--.; 11;, .on the appli­
cation of ,the Health. OfficeJ:", a Magistrate is' satis­
~ied that .it is 'll.ecessary ,m the interests of public 
nealth that a lodging houseor.any place where 
articles of food· are sold, or prepared, or expo­
sed. ,for, sale, . or diStributed, should' be closed on 
account of the existence or ·recentoccurrence·'Jn 
'Ouch lodging house or place of Ii. case ofp.otified 
diSease,' the Magistrate may; by order, dITect it ,to 
be 'closed uhtilthe expiry of such period' as may 1;le 
specified iri the orderbr Mtll it is certified by the 
Health ()fficerto be free from infection. . 

. 63. Infected clothes not to be sent to laundry.-
No person shall- . . 

(1) send or take to any laundry or public wash~ 
. -house' or any public water-course,tank or well, 
. for the purpose of being washed or to any place. 
for the purpose of being cleaned, any clothing, 
bedding or other article which he knows t() have 
been exposed to infection from any notified 
disease, unless such -;:trticle. has been disinfe\,ted 
by or to the. satisfaction of the· Health Officer 
or a registered medical practitioner, or unless 

. ,under,in~tructions .from such a person, it is sent 
"o/ithproper precautions to a. laundry for the 
purpose of disinfection with notice that it has 
been expo'sed to infection; or 

(2) pl~ce or cause or permit to be placed in 
any dust-bin ·or other receptacle: for the deposit 
of refuse any matter whiCh he knows to have 

, been exposed to infection from a notified disease 
and which has not been disinfected.' ' 

64. Infected persons not to use public convey­
ance~ ..:... (1) No person who knows that he is suffer­
irig from notifiEl(! disease shall '- .' 

(a) enter any public conveyance us",d for the 
conveyance of. passengers at separate fares, or 

. . , . , ' .' . 

(b) enter'any other public conveyance;' 

'.: "{2) Nbperson having 'the care of ·aperson when, 
he knows to be sUffering from a notified disease 
shall permit thatt>erson to be 'carried- ' . .' ,-

'(a)ln any public conveyance used fOl- 'the 
conveyance 'of passengers at separate fares; or-

. (b)iriany other public conveyance, without 
,:pr.eviously notifying the :owner; driver or eon­
·ductorthereof ,that the person is so suffering. 
.. .",. 

(3) The owner, ,driver or conductor of a public 
conveyance used,Jor the. conveyance of passep.gera­
at separate fares shill not convey ther.,in a person 
whom he knows. to be suffering from a notified 
diseaSe, at any time when a passenger not suffering' 
from such disease is being conveyed therein:' . . 

,,'Provided that it person Suffering fro~ a notifjed 
disease may be conveyed in the public. c~ance 
aforesaid in such cases ·of emergency 'and subject 
to such restrictions and safE'lgUards as may bE! noti-
fied by the Government: '. . . 

'(4) The ownerordriv~rof:my other pu~liccon~ 
veyan<:e maY' refuse to convey therein . anyperso~ 
sUffering from a notified disease until he ,has been 
paid asuin sufficient to cover any loss and -expense­
which wiUbe incUrred by reason of the provisions-
of sub-sections' (5)'and (6). . 

. ,(5) If a person' suffering from a notified disease- , 
is conveyed ina publlcconveyance', 'the person in­
charge 'thereof shalf as .soon as 'practicable gi;,e­
notice to· the'· Health OffICer of·, the . local . area' m 
whiclitheconveyance is usually kept' and before 
permitting any other person to enter the conveyance . 
shall cause it to be diSinfected. ' .... 

,(6) The local authority when sorequested by the 
person in-charge of a. public conveyance in. -which 
a person suffering from a notified disease has. been 
conveyed shall provide for its disinfection . 

" . . . . 
65. Lettirig or siIb-Iettirig a building occupied by 

an infected person. ~ No person shall, without a 
special permission, from the HealtJ:1, Officer; let or 
sub-let or permit or suffer any prospective tenant to' 
enter a building in which he .knows or hall reasons 
to know that a person has been' suffering from a 
notified disease within the three months immedia­
telypreceding. 

66. Prohibition of. exposure of other . persons­
to infection.- (1) No person who knows,that he 
is ,sUffering from a notified disease shall expose­
other persons to the risk of infection by his presence' 
or conduct in - ' 

(a) any. street or public place, or 
(b) . any market, theatre or other place of' 

entertainment or assembly, or 

(c) any school, college, playground or such 
'other place, or 

(d) any hotel, .hostel, boarding house, choultry, 
.rest-house, or club, or 

(e) any factory or shop. 

, Explanation, ~ A person shall, be deemed to know 
tQat he ~ suffetin,g from a notified disease withiri 
the meaning,or this sub-sE'lCtion if he has beenilifor­
med by the H:e3.lth Officer or any other officer of 
the Public Health Department of the Government 

-----,"'---



1B7'HJANUARY,1986 (PAUBA 26,1901) 

er of a Ideal authority, not below the rank of Iiealth 
·Officer or Sanitary Inspector, or a.medicalprac­
titioner registered under the Indian Medical Council 
Act, 1956 (Central Act 102 of 1956) that he is so 
suffering. 

. (2) . No person who has care of a person whom. 
he knows to be suffering from a notified disease 
shall cause or permit that person to expose others 
to risk of infection by his presence or conduct 
in any place referred to in sub-section (1). 

.' 67. Forbidding work in infected premises. - (1) 
If a case of notified disease occurs on any premises, 
. the Health Officer may, whether the. person suffer- . 
ing from the diseas.e has been removed from' the 
premises or not,make an order forbidding any work 
to be given out to any person living or working on 
those premises or in such. Pll-rt . thereof as may be 
specified in. the order, and ,any order so made be 
served on the occupier of the factory from which 
the work is given out or on any contractor employed 
by the occupier. . .... . 

(2) An order under this section may be. expressed 
to be operative' fora specified time or until the 
premises or any part thereof speCified in the order 
have been disinfected to the satisfaction of the 
Health Office"r, or be expressed to be operative so 
long as any'other reasonable precautions specified 
in the order are taken. . 

(3) This section applies to the making, cleaning, 
waShing, altering, ornamenting, finishing or repair­
ing· of wearing apparel and' any work incidental 
thereto, and to such other classes of work as may, 
from time· to time, be notified· by the Director. 

68. Prohibition of use of public library by infectoo 
person. - No person who knows that he is suffering' 
from a notified disease shall take any book or cause 
any book to be til-ken for his use, or use any book 
taken from any public or circulating library. 

69. Disposal'of bodies of persons dying while suf­
fering from' notified disease. - (1) No person 
having the charge or control of the body of any 
person who has died while suffering from'a notified 
disease shall permit or suffer persons to come 
unnecessarily into contact with, or proximity to, 
the body. " 

(2) No person shall, without the sanction in 
writing of an officer of the' Public Health Depart­
ment of the. Government or of the local authority 
concerned not below the rank of Health Officer or 
Sanitary Inspector, retain in any premises (else­
where than in· a public mortuary) for more than 
.twelve hours the body of any person who has died 
while suffering from any·notified disease. . 

(3) (a) If any such body not being a body kept 
in a mortuary remains undisposed off for more than 
twelve hours without the sanction referred to in 
sub-section (2) , or if the dead body of any 
person is retained in any building so as to 

'endanger the health. of the inmates of such 
building or of any· adjoining or neighbour~ 
ing building, any Magistrate may, on theapplica­
tion of any officer referred to in sub-section (2), 
order .thebody to be removed and disposed off 
within a specified time. 

56i 

(b) A Maglstrate may,in the case' of the body 
of a person who has died while suffering from a 
notified disease, or in any. other case in which he 
considers the immediate disposal of the body neces­
sary, direct the body to be so disposed off, unless 
the friends or the relatives'of the deceased undertake 
the disposal of the body within a time specified .in 
the order. . . . 

(c). The expenses of the. removal and disposal 
of any body under clause. (a) or clause (b) shll-ll be 
borne .by the locll-I authority; but such expenses 
may be recovet:ed as if it were. tax due to it, by the 
locll-I lI-uthority from any person who' would hll-ve 
been . legally 'lill-ble . therefor but for such removal 
and. disposal,unless' in the' opinion of the local 
authority he is to<> poor to do so,. . 

. (4) (lI-) If· 'any person dies in abamitll-l or. a 
place of temporll-ry .accommodation ·ror"the sick 
while '. suffering from a notified disease, and the 
He~th Of!icer certifies that in his opinion it is 
d.esn-able, m order to ·prevent the' spread of' infec",;,,t., 
tion, that the body should not be removed froiii;J':'f~" 
such.h~ital or place e~cept for the purpose of be~:'/)~~ 
taken direct to a bUrIal of burning ground or a;:: 'c! 

. crematorium for being forthwith buried or crej!%~, 
mated,. no person shan remove the body from the ",-" 
hospital or place except for such' a purpose. . 

(b) When a body is removed for the purpose 
aforesaid it shall forthwith be taken direct to a 
burial or. burning ground or Ii: crematorium and 
there buried or cremated with the least practicable 
delay. ! 

(5) Without the permission of. the Health Officer 
or a Magistrate, no person shall cause or permit to 
be carried in a public conveYll-nce the dead body of 
any person who had died while suffering from a 
notified disease .. 

70. Power of Magistrate to prohibit an assembly 
of more than fifty persons. - In the event of the 
prevalence of a notified disease in. any local 
area, on the application of the Health Officer, 
any Magistrate, not being a Magistrate of the. third 
class, having Ideal jurisdiction' shall have. power 
to prohibit either generally or by special order in 

. any individual .case, asseinblages consi!>ting of any 
number of persons. exceeding fifty in any place 
whether public or private or in any circumstances, 
or for any purpose, if in his opinion such as assembla­
ges 'in'such place, in such circumstances, or for such 
purpose, would be likely to become a· means of 
spreading the disease or of rendering it more 
virulent. 

. 71. Power of Government to confer special powers 
on officers to control notified disel!-se. - (1) (a) In 
the event of the prevalence or threatened outbreak 
of a notified disease in any place or area, Govern­
ment may declare that such place or area is visited 
by or threatened with, an outbreak of such disease. 

(b) The power conferred on the Government 
by clause (a) may also be exercised, in the case of 
a place or· area situated in a district, by the Collec­
tor of the district· subject to the control of the 
Government. . '. 

,(c) Any declaration made by the Government 
UIider clause (a) or withdrawal thereof in whole 



!. 
)1 
1 

I. 

562 

or in part. Shall be published in the Official Gazette 
and shall come into operation on the. date of such 
publication. 

(d) Any declaration made .by the Collector under 
clause (b) or. withdrawal thereof 'in whole or in 
part shall be. published in the Official Gazette and 
shall .' come into operation on the date Of such 
publication. 

(2) When a· declaration under clause (a) or 
clause (b) of sub-section (1) comes into operation, 
and until withdrawn, the Collector or any person 
duly authorised by him by general or special order, 
or if empowered in this behalf by rules made under 
this Act, the Health Officer or any other officer 
of the Government other than the Collector. may, 
subject to such exceptions, restrictions, . limitations 
and' conditions as may be prescribed either gene­
rally or in the case of the notified disease to which 
the declaration relates,'. exerCise the following 
powers,nainely: - ..' 

'(a) power ,to order the evacuation of ,infected 
. ,hOuses and' houses adjoining' thein or' in· their 

neighbourhood, or generally of all houses in' an 
infected . locality; 

(b). power to make vaccination and preventive 
innoculationscompulsory subject; to the provisions 
of sub-section (3); . 

(c) power to direct-

(i)' that persons arriving from places outside 
the . local area, 'or residing in any' building, 
adjacent . to, or in the neighbouring of,' an 
infected building,. shall be examined by any' 
specified medical officer or by anyone of a 
specified class of medical officers; 

(ii) that the clothing, bedding or other 
articles belonging to such persons .shall be 
disinfected, if there is reason to suspect that 
they have been exposed to infection; and 

(iii) that any such person shall give address 
and present himself daily for medical examin­
ation at a specifiedUme and place, fora period 
not exceeding ten days,; . . 

(d) power to take such measures as may be 
necessary in respect of, or in relation to,articles 

, exposed to infectio~ from' any notified disease; 
or likely to. infect personS with any such disease, 
including (i) the placing .of r~trictions ontb.e 
movements of such persons, and (ii). the des­
truction of such articles and the placing of res­
trictions on' ·their export from, import into, or 
transport within the local area; 

(e) power to direct that any consignment of 
grain exported into such area by rail, road or 
otherwise, shall be examined and, if necessary 
unloaded and disinfected in any specified manner; 

(f) power to ·close all or any existing markets 
and to appoint special places where markets may 
'beheld; and . . 

(g) power to direct the local authorities to take 
such measures as may be necessary in respect of . 
cattle within. local area; 

(3) (a) If any' person who, or a child in whose 
care, is sought to be vaccinated or ·innocuIated in 
pursuance of . the power referred to incla1ise (b) 

.. SERIES'[ Ni>.~ 

of SUb-section (2) declare before a Magistrate 
specially empowered by the Government in this 
behalf that as a result of a careful inquiry into the 
subject, he believes that such vaccination or innocul­
ation, will be injurious to his health or the health 
of the child,as the case may be, the Magistrate 
may,after giving notice to the Health Officer and 
hearing any representation by him or on his behalf 
exempt such person or child from 'vaccination or 
innoculation, on such person aforesaid undertaking 
to subject himself and the members of his family 
to isolation of such description and for such period 
and to such further restrictions, if any, as niay be, 
directed by the Magistrate: ' . 

Provided that any exemption granted under this 
clause shall' Cease toha.ve effect after' a conviction 
underclause(b)a.ud n6exemption, shall be. granted 
to any person who has been SO convic~" . . .'. 

(b) Any person who commits a breach of any 
UJidertaking given by him undercIause (a) .shall 
be punished with imprisonment which may extend 
to three months, or with fine or with both. 

. (4) The !ocalauthority ma.y, in its discretion give 
compensation to allY person who, in its opinion has 
susta:tned substantial loss by the destruction of any 
property under the powers conferred by this section 
but save as provided in this SUb-section, no claim 
for compensation shall lie for any loss or damage 
caused by any exercise of the .powers aforesaid. 

72. Destruction of rats,mice, etc. - (1) The Occu­
. pier 'of every premises, or if the premises are ·unoc­
cupied, .the owner thereof, shall, take such steps IlS 
may be reasonably practicable 'for the destruction 
of rats, mice and other animals susceptible to pIa­
gJle infecting such premises. 

(2) Where the H~lth Officer is of the opinion that 
the occupier or owner of any premises has failed 
to fulfil the' obligation laid on him by sub-section 

. (1), he may either-

(a) serve a notice on such occupier or owner, 
requiring him to take such steps and within such 
time as may be specified in the notice, or . 

(b) . enter upon such P'l'emises and ,take such 
steps 'as may be necessary for the p1U'pose of . 
destrOying the rats, mice and other animals susc 
ceptible to plagJle infesting the same, after giving 
not less than twenty~four hours previous notiCe 
to such occupier or owner. . . 

(3) Any expenses incurred under clause (b) of 
sub-section (2) inay be recovered by the local 
authority concerned from the occupier or owner as 
the case may be, as if it were a tax due from him 
to the local authority: ' 

PART m' 
v enereaI, -Disea8es 

73. Provisions for treatment of venereal diseases 
by local authority. - (1) A local authority may, 
and if so required by the Government shall, make '. 
such arrangements in its local area as'may bedirec· 
ted by the Government for-

(a) the free diagnosis and treatment of per­
sons suffering, or suspected to suffer, from vene­
real diseases; and 



16,'l.'I{,IAKFARY, 1986 CPA USA 26,1901) ~ 
, .. ,. ". '.' . ----------'----------------..,'" 

(b) the prevention of infection from such 
diseases.' . 

(2) .The locaiauthority may for the purpose men-. 
tioned in sub-section (1)· enter into contract-

(a) . with any other authority, or . 

. (b) with a hospital or medical institution recog­
nised by the Government in this behalf, or 

(c) with the sanction of the Government with 
. ·.any medical practitioner registered under. the 

Indian Medical Council Act, 1956 (Central Act 
102 of.1956). 

74. Patient to be instructed in methods of preven­
tion of spread of venereal disease. - Every phy­
sician or other person treating. or examining with 
a . view to treating, a person having a venereal. 
-disease shall' at the first. visit -

. (al imI>ress upon such person the necessity for 
treatment until he is cured; 

(b ) instruct him in regard to the measUres' 
. necessary for preventing the spread of the disease; 
and' . . 

(c) furnish him with such other information 
. relating to the disease as maybe provided by the 
Director. " 

PART IV 

Power to make BuIes 

75. Rules for prevention, treatment and' con­
-troI . of certain diseaBes. - The Government shan 
have. power to inakesuch rules as they deem 
fit for the treatment of persons affected with any 
epidemic, endemic or infectious disease and for pre­
venting the. spread of such .diseases and the rules 
may' deClare by what authority or authorities such 
iillesshall be enforced and .executed. 

CHAPTERVllI 

Mosquito control 

76. Prohibition of mosquito breeding in <:lOJlections 
'Of water. - (1) If the provisions of this section 
have been extended to any local area, no person or 
local .authority. shaU, after. such eXtension-, . 

(a). have; keep or maintain within such area 
any collection of standing or flowing water in 
which mosquitoes breed or are likely to breed; or 

(b) cause, permit, or. suffer any water within 
such area to form a collection in which mosquitoes 
breed or are likely to breed, unless such collection· 
has been so treated as effectively to prevent such 
breeding. . . 

Explanation. - Troughs used for cattle and in 
frequent use' shall not, until the contrary is proved, 
be deemed to be collections of water in which mas­
-quitoes breed or are likely to breed. . 

(n· The natural presence of mosquitoes c larvae 
. in any standing or flowing water shall be evidence 
that mosquitoes are breeding in sUch. water_ . 

'77. Treatmentof'mosquito breeding placeS. --'-(1) 
The';,'Health Officer may, .by·notiCein writing,re-

quire . the owner or the occupier of any place con­
taining any collection of standing or flowing water 
in. which mosquitoes breed or are. likely' to breed, 
within such time as may be specified in the notiCe, 
not being less than twenty-four hours, to take such 
measures with respect to the s~e, .or to treat the.' 
same by such physical, chemical or biological method 
being measures ora method, approved by the Direc~ 
tor, as the Health Officer may consider suitable 
in the circumstances. '. 

(2) . If the notice under sub-sectiOli (1) is served 
on the occupier, 'he. shall in the absence of a cont­
ract· expressed or implied to' the contrary be entic 
tIed to recover ,from the owner the reasonable expen­
ses. incurred by him in taking the measures' or 
adopting the method of treatment specified in the 
notice and may deduct the amount of such expen,ses 
from the rent is then, or which may~reafter be, 
due from him to the owner., ," .' 

78; Health Officer's PQwers in caSl) of default.--'­
If the person on whom a notice is served under sec­
tion 77 refuses to take the measures, or adopt the 
method of treatment,specified in such notice within 
the time specified therein, the Health Officer may 
himself take such measures or adopt such treat­
ment and recover the cost of doing so from the owner 
or. occupier of the property as the case n;.aylJe, in 
the same manner as if it were a' property tax.. . 

79. Protection of anti~mosquito works. - Where 
with .the object of preventing the breeding of mos­
quitoes in any land 'or building, the Government 
or.any local authority or the owner or occupier at. 
,the instance of the Government or any local autho­
rity, have constructed any works in such land or 
building, the owner for the time being, as well as 
the occupier for the time being, of. such land or 
building 'Shall prevent its being used in any manner 
which causes, or is likely to cause, the deterioration 
of such works,. or which impairs, or is likely to 
impair, their efficiency. 

80. Prohibition of interference with such works. -
(1) No person shall, without the consent of the 
Health OffiCer interfere with, injure, destroy or 
render useless, any work executed on any land or 
buildings, by or under the orders of' the Health 
Officer with the object of preventing the breeding 
of mosquitoes therein. 

(2) If the provisions of sUb-section (I.) are COll­
travened by any person, the· Health Officer may 
re-execute the work or replace the materials or 
things as the case may be, and the cost of doing 
so shall be recovered from 'such' person in the same 
manner as if it were a property tax. -

81. Power of Health, staff to enter an" inspect 
premises. - For the purpose of enforcing the pre­
visions .contained in this Chitpter, the Health Officer' 
or any officer of a local authority not below the 
rank of Health or. Sanitary Inspector may, at all 
reasonable time after giving such notice in writing 
as may appear to him reasonable, enter and inspect 
any land or building within his jurisdiction; and 
the . occupier' or the owner all the . case may be, 
of such land' or building, shall give all facilities 
necessary for such entry aM inspection,and supply 
'an'such information as may be required by ,him for 
,the 'purpose aforesaid. . . 



--_.- --""'---------
CHAPTE~ ]X 

Sanitation and buildings 

PART r 
Control over Insanitary Buildings 

82, New building not to be erected on certain 
siteS. - (1) No person shall erect a new building 
on any ground which has been filled up with faecal 
or offensive vegetable or, offensive animal matter' 
or upon which any ,such matter has been deposited, 
unless and until the Health Officer certifies that 
such matter 'has been properly removed by ,excava­
tion or otherwise, ,or has'becomeor been rendered 
irino,cuous. 

(2) Against the refusal of the, Health Officer 
to issue a certificate under sub-section (1), an 
appeal shall lie to the, Government whose decision 
shall be final. 

83. OIeansing eourt-yard or passage used in com­
mon.,- (1), If any court-yard or paSsage whichis 
used -in common by the occupants of two or more 
buildings, but is not a public street, is not regularly 
'swept and, kept clean ,and free from rubbish or 
other a.ccumulation to the satisfaction ,of the Health 
Officer, he may cause ~uchcourt-yard or passage 
to be swept and cleaned. ' 

(2) The localauthodtymay recover any expenses 
reasonably incurred by the Health Officer under 
sub-section (1) from the occupants of the buildings 
in such proportions ,as may ,be determined by'the 
Health Officer. 

, '84. Dwelling' house 'unfit, for human habitation 
to be vacated., '-'- (1) 'If any dwelling house or por­
tion thereof, appears to the Health Officer to be 
unfit for the purpose' of human, habitation, he may, 
in cases not falling under section 42, a.pply to the 
local authority to prohibit the use thereof for such 
purpose, and such authority shall make an order 
prohibiting the use of such dwelling house or Portion 
for human' habitation until in the opiuionof the 
Health Officer it is rendered fit therrof: 

Provided that befo"';; making an order under this 
sub-section, the local authority shall give the owncr 
and the occupier or occupiers, if any, concerned, 
a, reasonable opportunity of showing cause why 
such an order should not be made. 

(2) VVhen any order has been made under sub­
-section (1), the local authority shall cause ,:;t 
copy of the order to, be commrinicated to the owner 
as well as to every occupier concerned; and every 
such occupier shall be bound to cease to inhabit the 
dwelling house or portion thereof, as the case may 
be, within thirty days after the communication of 
the order to him. 

(3) The owner of any dwelling house, or pOrtion 
of a dwelling house, in respect of, which an order 
under sub-section (1) is, in force, shall not let or 
QCCupy, or permit to be leter occupied such dwel­
ling house or portion or any part thereof, as 'a 
human habitation. 

SERIES J NeJ. '~ 

PAATll 

Abatement of overcro.wding 

85. DefinitiOIis. _ In this Part -, 

(1) "tenement" means' a dwelling house and: 
includes, -

(a) any part of a dwelling house which is, 
capable of separate occupation; and 

(b) a students' hostel under public or recog­
nized control, but does not include a dwelling 
house or part of a dwelling house occupied by 
the owner thereof; and 

(2) ,"landlord" means the immediate landlord 
of the' occupier or occupiers of a tenement. 

86. Duties of landlord. - A landlord ~"'''tene­
mente-

(a) shall maintain it in a habitable condition'; 
and 

(b) except temporarily on occasions such 'aae 
marriage and the like shall not cause or permit 
the tenement to be oyercrowded: 

Provided that, no pl'oceedings shall be insti­
tuted against the landlord in respect of any in­
fringement by him of the provisions of this, 
section, unless a notice in writing that the tene­
ment is' not in a" habitable condition or that it !s­
overcrowded, has been serv<id upon the landlord 
or his agent by the Health Officer, and the 
landlord fails within such time as may be speci-

,fied in such notice to take such steps as may 
,be reasonably open to him for putting the tene­
ment in habitable condition or for securing the 
,abatement of the overcrowding therein, as the 

, case may 1;)e, including, if necessary the taking of,' 
legal proceedings for possession, of ,the, tenement. 

87, Power to make rules. 7-- The Government 
shall have power to make rules ,for deterIn!ning-

(a) whether ,a tenement or any class of tene­
ment is or not maintained in a habitable condi­
tion within the meaning of section 86; and 

(b) whether a tenement or any class of tene­
merits is or is not overcrowded within the meaning 
of that section. 

CHAPTER X 

Fairs and festivals 

88. Notification of fairs and festivals by Govern­
ment. - (1) The Government may, by notification-' 

(a) declare that any local area or part of a 
local area in which a fair or festival is to be' 
,held shall, for the purpose of this Chapter, be a 
notified fair or festival centre, for such period 
as may be specified in the notification; and 

(b ) define the limits of the area which shB.ll 
for the purposes aforesaid, be the site for the 
fair or festival. ' 

(2) The provisions of this Chapter shall apply 
only to fairs anpfestivals, inconnectioIi with which. 
a notification under sub-section, (1) has been issued. 



,,~ 

16THJANuAify; 1986 (PAUSA26, 1907) 

; 89: Notice to be given oVaiI' or'feStival. --"" (1) the 
person or authority in charge ()f any fair or festival 
as' notified from time to tiIDe by the Government; in 
this behalf shaIl, not less than 15 days before the 
commencement, intiinate to the local authority and 
Health Officer, or in the case such fair or festival 
is to, be 'held within the jurisdiction or inore than 
one 10caI authority ,to each of the 10caI authorities 
concern,ed, the date of cpmmencement of such fair 
or festivaI, and the period for which it will last. 
. - ." . 

(2) The person or authority in charge of ,the fair 
or :l'estivaI referred to in sub-section (1) shall also 

, furn,ish such other particulars relating to the fair 
or festival as may be caIled for by the loeal autho­

, rity or Health Officer or any of the 10caI authorities 
. concern,ed. ' 

, 90. Sanitary arrangements, etc. - The local autho­
rity within whose jurisdiction a fair or festival 
is held, or, if it is held within the jurisdiction 
of two Or more local authorities, any person or 
committee appointed by such local authority jointly, 

, shall make provision for~' 

(1) the demarcation and preparation of the 
'site of the faIr or festival; 

(2) the clearing and draining of the site; 
" 

(3) the disposition of the several parts of the 
, ,fair or festival, including the alignment of ,roads 

within the site; 

(4) the suppfy, in sufficient quantities of water 
"fit :for drinking and cooking purposes for the use 

, of persons resorting to the fair or festival and 
the proper preservation of such water; 

, , 

(5) the accommodation of pilgrims and visitors, 
, to such extent as may be practicable; 

(6), the lighting of the fair or festival; 

(7) the supplyby suitable per-sons of whole-
'some food, at reasonable rates, to persons rescirt~' 
ing to the fair or festival and the proper super­
vision ,and ,inspection of all food prepared or 
offered for sale 'or stored or in c()urse' of transit 
within the fair or festival; 

", .'. (8) the collectillin, removal and disposal of ~e­
fuse, rubbish ani! sewage; 

<in the supply and ,mainten8.n:c~ of snitable 
latrines for the use of persons resOrting to the 
fair orfestival; , , 

(10) the detection and' segregation of cases 
, of infectious diseases and the prevention of the 

introduction and spread of such diseases; 

(11) the employment of adequate medical 
staff, the, provision of medical relief, and the 
furnishing of, hospital accommOdation both of, 
general and isolation purposes; and ' 

(12) such other purposes as may be prescribed. 

,91. Health Officer to snpervise the arrange.. , 
ments. - The arrangements mentioned in section 
90 shall be executed under: the supervision and con­
trol of 'the Health Officer concerned" or' if the fair 
or festival'is held within' the jurisdiction of 'more 

than one locarauthority, uni!er the supervision and 
control of the Health Officer of one of such local 
areas designated, by the person or Committee 
referred to in section 90, pr in case no' Health Offi­
cer is 'sO designated under the superVisipn and 
control of the Health, Officer concerned Within 
their respective local areas. 

92. Power to enter and seize unwholesome food. -
(1) The Health Officer, or, Health or Food Ins­
pectoror'the local 'authority or' of any of the local 
authorities' concerned, or any officer of the Govern­
ment or, of any such locitlauthority appointed by 
the Government in this behalf may -' , , ' 

(a) enter and inspect any building or shop in 
the fair or festival which is a source of food 

"supply; , 

(b) for the purposes of inspection~li&ve access 
to any, source of water-supply on such or within 
such distan,ce therefrom as the Government may, 
by general or special, order,determine; and 

(c) seise any food prepared or offered for sale 
or stored or in course of transit within the fair or 
festival centre which he has reason to believe. is 
unwholesome or unfit for human consumption, and 
destroy the same forthWith if in his opinion, such 
food is of a perishable nature or the value thereof 
, does not exceed three rupees. 

(2) (a) Any Officer seizing any food under clause 
(c) of sub-section (1) shall, if it is not destroyed 
under that, clause, report the seiz1ll'eto ,such autho­
rity or person as may be prescribed in that behalf. 

(b) If ,the authority or person aforesaid' is of 
opinion that the food is unwholesome or unfit for 
human consumption such authority or -person may, 

, by order in writing, direct the food to be destroyed; 
, and any expenses incurred in this behalf' including 

the cost, if any, of analysing the food or a sample 
thereof, shall be recoverable from the person from 
whom the food was seized, as if it were' a: tax due 
from him to the'local authority or any of the local 
authorities concerned." ," 

(c) If, the authority or person, aforesaid is of. 
opinion tbatsuch, food is wholesome and fit for 
human consumption, the food snail be returned to 
the person from" whoin it was seized and the cost, 
if any, of analysing the food or a sample thereof' 
shall be borne by the local authority or local autho- , 
rities concerned. . , ' , 

'93: Occupation of building, etc. required in c&nC 

nootion with falr or festival. - (1) The localautho­
rity may, incase of emergency with the sanction 
of the Collector, depute any person to enter ,upon, 

, occupy and uSe, without having recourse to the 
'provisions of th!,Land Acquisition. Act, 1894 
(pentral Act'l of 1894), any land or any build­
ing not being a dwelling house in, the notified fair 
or festival c!mtre which in the opinion of the Health 
Officer, is required .and is suitable for any pur-' 
poses connected with the fair or festival, such as 
the construction of pilgrim-sheds, water-sheds, hos­
pitals, segregation sheds, latrines and the like: 

Provided that if the land or building.is occupied, 
, notice shall be 'given in writing to ,the occupant or 
be conspicuously affixed. on such land or building, ' 



II 

1\ 
I' 
" 

i ~ 
5,66, 

not less than twenty-four hours before it is entered 
upon. 

(2) The owner or lessee of such land or building 
shall be entitled to compensation for any damage or 
expenses incurred, and to a reasonable rent for the 
period during which it had been occupied or used for, 
any of the purposes referred to in sub-section i1). 
Such compensation and rent shall be fixed by the 
Collector. ' 

(3) The' local authority shall, when any 'such 
land or building ceases to be occupied or 'used for 
any of' the purposes aforesaid, cause 'it to be 
thoroughly disinfected and cleansed. 

94. Control over private sources of water 
supply_ - The Health Officer may, by notice 
in writing, require the owner of," or, other person 
having control over any source, of' water-supply 
situated on the fair or festival site, or within such 
dist,ance ,therefrom as the Government by general 
or special order determine, to dose or disinfect such 
source within a specified time if, in the opinion of the 
Health Officer,it is likely to endanger or cause the 
spread ' of' disease amongst persons resorting to 
the festival ,or fair. 

(2) If the owner or person aforesaid fails or 
neglects to comply with any, notice issued under 
sub-section (1) within the time specified therein, 
the Health Officer may himself take the necessary 
action; and the whole of the expenses incurred in 
doing so or such part thereof as the Health officer 

, may' determine' to be reasonable shall be recovere,d 
from such owner or person as if it were a tax due 
from hin). to the local authority or any 'of the local, 
authorities concerned. 

CHAPTER XI 

General 

95. Powers to impose conditions in respect' of 
certain services. -,--- The Government, with a view to 
prevent spread of diseases,may, in respect of per­
sons engaged in or serving in establishments like 
hair cutting saloons, laundry, hotels including res­
taurants and bars" and, such other services Which 
may be notified from time to time" prescribe the 
conditions to be observ~d by such persons. 

CHAPTER XlI 

Rules. bye-laws'; penalties, etc." 

96. Power of Government to make rules.- (1) 
The Government shall, in addition to the rule-making 
powers conferred on them by, any other provision 
contained in this 'Act,' have power to make nIles 
generally to carry out the' pUrposes of this Act. 

(2) In particular and without prejudice' to the 
generality of the power conferred by sub-section (1), 
the Government may make rules - ' 

fa) with reference to all matters expressly 
required, or allowed, by this Act to be prescribed ; 
and 

, 97. Penalty for breach of rules. ~ (1) In making 
a rule under section 75, the Government may 
provide that a breach of such rule shall ile punishable 
with imprisonment which may ,extend to three 
months or with fine or with both. 

(2) In making a rule under any other provision 
contained in this Act, the Government may provide 
that a breach of suc,h rule shall be punishable -

(i) with fine which may extend to one hundred 
!'Upees and in case of a continuing breach, with, 
fL'lcwhich may extend to thirty rupees for every 
day during whlchthe breach continues after 
conviction for the ,first breach; or . 

(ti) with fme which may extend to twenty 
rupees for' everyday during which the breach 
continues after receipt of notice from the local 
authority or the Health Officer to discontinue 
such breach. __ '" 

98. Bye-laws by local authorities.-. Any local 
authority may ,make bye-laws not inconsistent with 
this Act or the rules made thereunder or· with any 
other law, for carrYing out all or any of the purposes 
of this Act. 

99; BreaCh of bye-laws. ~ In making a bye-law 
the local authority may provide that a breach thereof 
shall be punishable:-

(a) with. fine· which. may . extend to fifty 
rupees, "and in· case of a continuing breach with 
fine which may extend to fifteen rupees for every 
day during which the· breach continues after con­
viction for the first breach; or 

(b) with fine which may extend to ten rupees 
for every day during which the breach continues 
after receipt'. of notice from the local autho­
rity or the Health Officer· to discontinue such 
breach~ . . , 

100. Procedure for making or altering bye - laws. -
In regard to bye-laws made by a local authority 
under sections 98 and 99, the procedure laid 

"down in the Act governing the local authority shall 
apply. 

.. . . 

101. Penalties for offences agalnst Act, ete.­
(1) Whoever-

(a) contravenes any of the provisions of this 
Act; 01' 

(b) contravenes any rule or order made Under 
any of the provisions so specified; or 

(e) fails to comply with any direction lawfully 
given to him, or any requisition lawfully made 
,upon him, under or in pursuance· of any of the 
provisions of this Act shall be punished with . fine 

. which may extend to two thousand rupees. 

(2) Whoever after having convicted of -

. (a) contravening any of thll provisions of this 
Act; or 

(b) contravening any rule or order made under 
any of the provisions so specified; or ' 

(b) regulating the situations in which, sanitary 
conveniences for the use of the public ,shall be' 

,constructed by, a local authority, and the number 
of such sanitary conveniences. 

(c) failiri.g to· comply with any· direction law­
fully given to him; or any requisition lawfully 
made ,upon him, under or in pursuance of any 
6f the provision continues to contravene the said 
provision or. the said rule or order or continues 



16TH JANUARY, 1986 (PAUSA 26, 1907) 

t~ fail to comply with the said direction or requi" 
sition, shall he punished for each day after the 
previous date of conviction during which he con-

any offe'n.ceagainst thisAct or the rules orbye'laws . 
. made thereunder which may, by rules made by the 

Government, he declared compou'ndable. 
. tinues so to offend, with fine which may extend· 

to fifty rupees. . 

102. Penalty for preventing entry of local autho­
rity or Health Officer. ~ Every person who pre­
vents the local authority or the Health Officer or 
any person to whom the local authority or the 
Health Officer has lawfuily delegated his powers 
of entering on' or into any land or building from 
exercising his lawful power of entering thereon or 
thereinto, shall be puuished with simple imprison­
ment for a term which may extend to one "month 
or with fine which may extend to five hundred . 
rupees, or with both. 

CHAPTER XIII 

Misc~lIaneous 

103. Appeal aga,mst decision of Health Officer. -
Any decision of the Health Officer against which 
an appeal: is not otherwise provided for in . this. Act" 
shall he subject to such appeal as may be prescrIbed. 

104. Method of !!Ilrving notices. - (1) When any 
notice is req1jj,red to be" given by this Act or by any 
rule, bye-laws, regulation or order made: under it, 
such notice. shall be given - " 

(a) by giving or tendering the' notice to such 
person; or 

. (b) if such person is not found, by leaving such 
notice at.his last known place of abode or business 
or by giving or tendering the same to some adult 
member or servant of his family; or 

(c) if such person does not reside in the local 
area and his address elsewhere is known to the 

. local authority, by sending the same to. him 
by' post, registered; or 

(d) if none of the means aforesaid be available. 
by affixing the same in some conspicuous part 
of such place of abode or business. 

(2) When the person is an owner or occupier of 
any building or land, it shall not be necessary to 
"nallie the owner or ~cupier inthe'notiee, and in the 
case of joint owners and occupiers it shall be suffi­
cient to serve it .on, or send it to, one of such owners 
or occupiers; . 

105. Cognizance of offences against Act. - . 
No person shall be tried for any offence against the 
proviJolions of this. Act, or of any rule, or bye-laws 
made under it, unless complaint is made within 
three months of the commission of the offence by 
the Police, or the lo.cal authority or the Health 
Officer, or by a person expressly authorised in this' 
behalf by the' local authority, or the "Government: 

Provided that nothing contained in this section 
shall affect the provisions of the Code of Criminal . 
Procedure, 1973 (Act 2 of 1974), in regard to the 
power of certain Magistrates to take cognizance of 
offences upon . information received or upon their 
own knowledge or suspicion. 
. -./" 

106. Power to compound offences. - The local 
authority or' the Health Officer may compound 

i07.Powerto police officers toa1'rest offenders 
against Act, etc. -Any police officer. who· sees a 
person committing. an offence against any . of the 
provisions of this Act or of any rules or bye-laws 
made thereunder, may al'l."est such person, if' his 
name" and address are unknown to the. officer and 
such. person on demand declines to give his name 
and address or give a name and address which 
the officer has reason to believe to be falSe~ 

108. Powers of public health staff to a1'rest offen­
ders against Act, etc. --, Any memher of the public 
health establishment of a local authority not below 
the rank of a Health or Sanitary Jnsp"~ or Food. 
Inspector who sees a person committUii\""offence 
against any of the provisions of this Act in the area . 
over which" the local authority has jurisdiction, 
"may arrest such person if his name and address 
are unknown to and such person on demand dec­
lines to give his name and address or give a name 
and" address which snch officer has reason to believe 
to be false. Any person so arrested shall he handed 
over to the Officer-in-charge of the nearest police 
station as expeditiously as possible. 

109 .. Procedure after a1'rest. -Any person arrested 
for an offence" under this Act shall he informed, 
as soon as may be of the grounds for such arrest 
and shall be produced before the nearest Magistrate 
within a period of twenty-four hours of such arrest 
excluding the time necessary for the journey from" 
the place of arrest to the COurt of the Magistrate 
and no such person shall be detained in custody 
heyond the said period without the authority of a 
Magistrate.. " 

110. "Bar of suits and prosecutions in certain 
cases. - (1) No suit, prosecution" or other proceed­
ing shall lie against any local authority or against 
the Government or any officer or s<:,rvarit of a local 
;l.uthority, or" of the Government, or against any 
person appointed" under section 11 of. this. Act, for 
any act done or purporting to be done "under this 
Act; without the previous sanction of the Govern-

" ment. 

(2) No local authority, officer or servant of any 
local authority or of" the Government and no perc " 
son appointed under section 11 of" this Act, shall 
be liable in resPect of any such act in any civil" 
or criminal proceeding" if the act was done in good 
faith in the course of the execution of duties or 
the discharge of functions imposed" by or under this 
Act. 

111. Punishment for malicious "abuse" of powers. _ 
Any local authority or any officer or servant of a 
local authority or of the Government, or any per­
son appointed under section 11 of this Act who 
maliCiously abuses any powers confe1're(l on him by' 
or under this Act shall be punished with imprison­
ment which may extend to one year or with fine 
which may extend to one thousand rupees or with 
both. . 

Explanation; - No prosecution shall be instituted " 
" under this section without the previous sanction of 
the <;overnment. ". " " " . 



568 

112; Delegation of powen,'by Gove~ent.- The 
Government may,bynotification and subject to any 
restrictions, .. limitations and. conditions specified 
therein, .authorise ·any person to exercise anyone or 
more of the powers vested in them by this Act and 
may in like manner withdraw such authority: 

Provided that nothing contained in. thissectioD. 
shall apply to any power of the Government to make 
rules under this Act. . 

113. Act to override. other enactments. ~ If any 
provision relating to public health contained in any 

., 

" 

". ' . 

SERIES I N{! ... 42 

other enactment in force in this Union territory is 
repugnant to.anyprovision contained in this Act, 
the provision of this Act shall prevail and the pro­
vision contained in such other Act shall to the 
extent of the repugnancy; be void. 

Secretariat, 

Panaji-Goa. 

" .• '. M.RAGHUCHANDER 
-Law. Secretary to the Government 

of. Goa, Daman arid :Diu 
Law Department (Legal Affairs 

Branch) 
Dated: 9th December, 1985: 

. GOVT. PRINTING ERESB - 'GOA. 
(Imprensa Nacional,-':" Goa) . 
PRIOE - Ro. 2-00 Po.