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Section 15: Power of Goyernment to direct localltuthority to execute water works

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

(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' provided, 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 eontained therein.·· ,

Where this provision sits

ActThe Dadra and Nagar Haveli and Daman and Diu Public Health Act, 1985 (Act No. 25 of 1985)
Section15
Marginal notePower of Goyernment to direct localltuthority to execute water works
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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