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Section 10: Appointment of persons to carry out the provisions of this Act

Travancore -Cochin Public Health Act,1955State Act of Kerala · Act 16 of 1955

(1) Notwithstanding anything contained in this Act or in any other Act or Acts governing the local authority or authorities concerned, the Government may, by general or special order, appoint any person or persons to carry out such provisions of this Act, in such local areas, as may be specified in the order.

(2) The expenses incurred by such person or persons in doing so shall be met from the funds of the local authority or authorities concerned, if any, either wholly or in_ part, and, where more than one local authority 1s concerned, in such proportions as may be determined by the Government.

11. Powers of Director of Public Health over public health staff of urban local authoritves—(1) Subject to such rules as may be prescribed including rules for consultation with the urban local authorities concerned, the Director of Public Health shal] have power in times of emergency, to assign one or more members of the public health establishment of one urban local authority for temporary duty in the area of another urban local authority.

(2) In the case referred to in sub-section (1), the local authority within whose jurisdiction the member or members of the public health establishment of another local authority are working shall pay for the period of such temporary duty, the salary and allowances of such member or members and such contribution towards the leave allowances, pension and provident fund as the Government may, by general or special order, determine.

12. Health Officer's control over public health staff—(1)The Health Officer in charge of any local area shall exercise supervision and control over all the members of the publ.c health establishment in such area.

(2) (a) Save as otherwise provided in this Chipter or in any rules or regulations made under it, all transfers and punishments of the members of the public health establishment under the supervision and control of the Health Officer shall be made by the Health Officer, subject to the approval of the executive authority.

. (b) If for any reason the executive authority disagrees with the orders of the Health Officer under 94-1271 & IT - 74 clause (a), the executive authority shall refer the matter to the Government whose decision shall be

13. Local authority to provide adequate facihties to the Health Officer—Every local authority shall provide its Health Officer with such clerical assistance, office accommodation, furniture, equipment, stationery and forms as may be necessary for the proper conduct of the business of such Health Officer

14. Authorisation of Health Officer to perform the functrons of executive authority in public health matters Notwithstanding anything contained in the Trivandrum City Municipal Act, or the Travancore District Municipalities Act, 1116 or the Travancore-Cochin Panchayats Act 1950, or the Cochin Municipal Act, XVIII of 1113, the Health Officer of a local authority shall perform such of the functions and discharge such of the duties of its executive authority in regard to public health matters under any of the provisions ee to such local authority contained in the Acts aforesaid, subject to such appeal and control as the Government may, by general or special order determine.

CHAPTER III WATER-SUPPLY

15. Local authority to provide potable water—(1) Every local authority may, and if the Government so direct shall, prvvide or arrange for the provision of a sufficient supply of drinking water for consumption by the inhabitants of the area within its jurisdiction.

(2) The local authority shall, so far as may be practicable, make adequate provision for securing—

(a) that the water-supply 1s contmudus throughout thyear, and ,

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

(3) A local authority may also provide or arrange for the provision of a sufficient supply of water for other domestic purposes or for non-domestic purposes.

16. Power of Government to direct local authority to execute water works,—(1) If, m the opmion of the Government, a local area does not possess a sufficient supply of wholesome water fit for the consumption of its inhabitants, they may direct the local authority concerned, either singly or in combination with the local authority or authorities having jurisdiction over any local area or areas in the neighbourhood which are similarly situated, to execute, within such time as the Government may fix, such works as may be directed by the Government for providing a sufficient supply of wholesome water fit for human consumption.

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(2) A local authority may, with the previous sanction of the Government— .

(a) Construct, lay, or erect filters, reservoirs, engines, conduits, pipes or other works without the limits of its area, for supplying such area with water;

(b) purchase or take on lease any water-work or any water, or any right to store or to take or convey water, ' either within, or without the limits of its area; and

(c) contract with any local authority or other person or agency for the supply of water. . %

(3) A local authority may, with the previous sanction of the Government, by public notice, declare any lake, stream, spring, well, tank, reservoir, pond or other source of water supply, whether within or without the limits of its area (other than a source under the control of the Government) from which water 1s or may be made available for the use of the public in the local area for domestic purposes, to be a source of public water-supply for such purposes, and every such source shall thereafter be under the control of the local authority, only to the extent necessary for such purposes.

17. Power of Government to divert water from water-main belonging to local authority—The Government shall have power to take water from any water-main belonging to or in the control of a local authority for supplying water to any other arca, subject to such payment being made to the local authority concerned and subject also to such other conditions as the Government may consider reasonable-

Provided that, before taking action under this section, the Government shall communicate to the local authority the grounds on which they propose to do so, fix a reasonable periodfor the local authority to show cause against the proposal and consider its explanations or objections, if any 18 Power of Director of Public Health in regard to watersupply.—(1) The Director of Public Health or any other officer appointed by the Government in this behalf, may cause inquiries to be made in any local area or part thereof, with a view to ascertaining—

(a) whether the source of water-supply for such - local area or part is contaminated from any cause against se effective means of protection can be taken;

an -

(b) whether the provision of any additional source or sources of water-supply is necessary for such local area or part.

(2) The Director of Public Health or other officer aforesaid may, after taking into consideration the result of such inquiries, by notice, direct that any source of water supply be cleaned, improved, repaired or otherwise protected from contamination, or that such additional source or sources of watersupply be provided, as the case may be:

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Provided that, before issuing a notice under this sub-section, the Director of Public Health or other officer shall give the authorities or persons affected a reasonable opportunity to make any representation they may wish to make and consider the same.

(3) Against any direction issued by the Director of Public Health or other officer under sub-section (2), an appeal shall lie to the Government whose decision shall be final.

(4) (a) Every notice issued under sub-section (2) shall ° specify the nature and extent of the works to be executed, the estimated cost thereof, and the authority or authorities or the person or persons by whom, and the period within which, they are to be executed.

(b) The notice shall either—

(i) be published in the prescribed manner; or

(ii) be served on the local authority or on the person owning or having control over the source of watersupply, as the case may be, in the prescribed manner.

(5) If the directions contained mm any notice issued under sub-section (2) have not been satisfactorily complied with, the officer issuing the notice may himself cause the works specified in the notice to be executed, provided that he may, on sufficient cause being shown, extend the period specified in the notice, or modify or rescind any direction contained therein.

(6) (a) If a water tax is imposed in the local area, the cost of carrying out the works specified in the notice issued under sub-section (2), whether such works are executed by the authority or person specified therein or under sub-section (5) by the officer issuing the notice, shall be borne by the local authority concerned.

(b) If no water tax is imposed in the local area, such cost shall be borne by the inhabitants of the area who, on inquiry, are found to be benefited by the works or shall be shared between such inhabitants and the local authority concerned in such proportions as may be determined by the Government.

Explanateon.—For the purposes of this sub-section “watertax” means— .

(a) a tax levied under Section 23 of this Act; and

(b) a water and drainage tax levied under Section 80 of the Travancore District Municipalities Act, 1116 or Section 74 of the Cochin Municipal Act, XVIII of 1113 or Section 95 of the Trivandrum City Municipal Act.

19. Power of Director of Public Health to dtrect local authority to wmprove water-supply—(1) If the Director of Public Health is satisfied upon investigation that any source of public KC ?

4 77 water-supply in a local area is contaminated or 1s subject te imminent risk of contamination by reasoh of unsatisfactory location, protection, construction, operation or maintenance, and speedy remedy or immediate prevention 1s, in his opinion desirable, he may, by order, direct the local authority to take such measures as may he specified therein and the loca] authority shall take action accordingly

(2) If the local authority fails or makes default in taking the measures specified in the order issued under sub-section (1) within the time specified therein, the Director of Public Health shall report the matter to the Government. Thereupon the Government may authorise such officer as they deem fit to take such measures and for that purpose to exercise any specified powers of the local authority: and the expenses incurred by such officer shall be met from the funds of the local authority.

20. Railway administration to submit samples of drinking water for analysis —lIn the case of any Railway in the State, the Government may, by general or special order, require the authority administering the Railway to submit for analysis, to such person or institution, in such manner, and at such intervals as may be prescribed, samples of drinking water supplied by such authority at any station or stations on such Railway. For such analysis, the authority aforesaid shall pay to the Government such fee as may be prescribed by them.

Where this provision sits

ActTravancore -Cochin Public Health Act,1955
Section10
Marginal noteAppointment of persons to carry out the provisions of this Act
JurisdictionState of Kerala
StatusIn force as published by the source

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