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Section 23: Levy of water-tax and ear-marking the proceeds for water-works

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

(1) Any igeal authority may, with the previous sanction of the Government and shall, 1f so directed by them, levy within its area or any part thereof any tax which may be necessary for providing water-supply in such area or part.

LCL tr x .

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* m e 79

(2) Any tax levied under sub-section (1) may be a new tax levied on such basis, assessed and realised in such mariner as may be sanctioned or directed by the Government or may be a tax or additional tax levied under any head of taxation specified in any law for the time being in force governing the local authority concerned in which case all the provisions of such law relating to the incidence, assessment or realisation of a tax under sugh head or in any manner connected therewith shall be applicable to the tax, or additional tax, with such modifications and restrictions, if any, as may he prescribed

(3) (a) The rate at which any tax may be levied under this section shall be determined by the local authority with the previous sanction of the Government in case the tax 1s levied by the local authority of its own motion and by the Government in case the tax is levied at their direction ,

(b) The local authority may, with the previous sanction of the Government and shall, if so directed by them, alter the rates at which any such tax is to be levied.

(4) (a) Every local authority levying a tax under this section shall earmark the net revenue therefrom for expenditure on the execution, maintenance and improvement of works of water-supply, in the local area or part thereof within which it 1s levied

(b) Such revenue shall be expended in accordance with such orders as may be issued by the Government in this behalf.

(5) Nothing contained in this section shall be deemed to affect the power of the Corporation of Trivandrum to levy a water and drainage tax under Section 95 of the Trivandrum City Municipal Act, or of any municipality governed by the Travancore District Municipalities Act, 1116, to levy a water, and drainage tax under Section 80 of that Act, or of any municipality governed by the Cochin Municipal Act, XVIII of 1113 to levy a water and drainage tax under Section 74 of that Act.

24 New house not to be occuped unthout adequate watersupply — No owner of any dwelling house which may be _constructed or reconstructed after the commencement of this Act in any urban local area shall occupy it or cause or permit it to be occupied until he has obtained a certificate from an officer of the Public Health Department of the local authority concerned, not below the rank of Health or Sanitary Inspector, that there is within the house or within a reasonable distance therefrom, a supply of wholesome water sufficient for the domestic purposes of the inmates of the house:

Provided however that if an application has been made for a certificate and that no such certificate has been granted 86 within a period of ten days, the owner may occupy the building or cause or permit it to be occupied.

° CHAPTER IV DRAINAGE.

25. “Local authority to maimtain public drains—(1) Every urban local authority shall, so far as the funds at its disposal may permit, provide and maintain a sufficient and satisfactory system of public drains for the effectual draining of its local ° area.

(2) If, in the opinion of the Government, any local area or part thereof should, for any special reason, be provided with a system of public drains, or with any other means of drainage, they may direct the local authority to provide or execute, within such time as may be fixed by them in this behalf, such works as may be considered necessary by them.

(3) The local authority shall at all times keep in good repair all drains, cesspools and the like vested in or belonging to it.

26. Power of Health Officer to require drains to be constructed—(1) If any premises are, in the opinion of the Health Officer, without sufficient means of effectual drainage, he may, by notice, direct the owner of such premises to construct a drain leading therefrom to the nearest public drain or other place set apart by the local authority for the discharge of sewage.

Provided that—

(a) the cost of constructing that portion of the drain which is situated more than ten feet from the said premises shall be paid from out of the funds of the local authority concerned, and

(b) if, in the opinion of the Health Officer, there 19 no public drain or other place set apart for the discharge of sewage within a reasonable distance of such premises, he may, by notice,.require the owner of the premises to construct—

(1) a closed cesspool, tank, filter or other work of such material, size and deseription, as he may direct, and

(ji) a house drain communicating with such closed cesspool, tank, filter or other work.

(2) Where, by reason of a local authority changing “its system of draimage or undertaking a new system of drainage, it becomes necessary for the owner of any premises to reconstruct or alter any drain, the cost of the reconstruction or alteration of such drain shall be borne wholly by the local authority, or wholly by the owner, or partly by the local authority, and partly by the owner, in accordance with such rules as may be prescribed, £)- L e a n 4 % XS

27. Drains in private streetsz— Where a house drain . belonging to one or more premises has been laid in any private street which is common to more than one premises and the Health Officer considered it desirable that any other premises should be drained into such drain, he may, by notice, require the owner of such premises to connect his housedrain with such first mentioned drain and the owner or owners of such first-mentioned drain shall thereupon be bound to permit such connection to be made:

Provided that no such connection shall be made—

(a) except upon such terms as may be mutually agreed upon between or among the owners concerned, or

(b) in default of such agreement, except upon such terms as may he laid down by the local authority and in particular, until any payment which may be directed by the local authority to be made to the owner or owners concerned, has been duly made.

28. Drainage for huts— (1) Drains for the drainage of huts shall be of such size and description, and be constructed of such materials as may be considered by the Health Officer to be practicable having regard to the circumstances of the locality and the position of the nearest public drain or other place set apart by the local authority for the discharge of sewage.

(2) If the Health Officer considers that a new drain should be constructed for the benefit of the occupants of any hut, he may, by notice, require the owner of the land on which such hut stands to construct such drain and such owner shall construct such drain, and cause it to be cleansed and repaired to the satisfaction of the Health Officer.

Where this provision sits

ActTravancore -Cochin Public Health Act,1955
Section23
Marginal noteLevy of water-tax and ear-marking the proceeds for water-works
JurisdictionState of Kerala
StatusIn force as published by the source

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