(1) Subject to such rules as the Government may, from time to time, prescribe, it shall be the duty of a Board, in addition to other duties imposed upon it by this Act or by any other law or order having the force of law for the time being in force and in so far as the funds at its disposal may admit, to undertake and make reasonable provision for the following matters within the Iimits of the area subject to its authority and not legally included in the authority of the Government or any other local authority, namely:—
(a) the construction, repair and maintenance of public roads and other means of communication which are not Power of Board to compromise suits.
Duties of Boards.
[Act No.I of 1956] 47 under the control of any other local body or of the Government;
(b) the planting and preservation of trees by the side or in the vicinity of roads and on other public grounds in its control;
(c) the establishment, management and maintenance of markets other than markets regulated by the 9[Hyderabad Agricultural Markets Act, 1339 Fasli], travelers’ bungalows, musafirkhanas, chauris, rest-houses and other public institutions, and the construction and repair of all buildings connected with such institutions;
(d) the construction and repair of public tanks, wells and water works for the supply of water from them and from other sources and the construction and maintenance of works for the preservation from pollution of water used for drinking, cooking and other domestic purposes;
(e) the construction, management and maintenance of cattle pounds;
(f) the management of such public ferries as may be entrusted to its charge;
(g) the improvement of villages including the acquisition of land for the extension of village sites;
(h) the promotion of vaccination;
(i) other measures necessary for the public health and sanitation including the control of sanitation during an Urs, Jatra or other fair, festival or public assemblage and
9. Repealed by Act No.16 of 1966.
48 [Act No.I of 1956] such measures as may be required to prevent the outbreak, spread or recurrence of infectious disease;
(j) the construction and maintenance of primary school buildings for boys and girls and the provision of school equipment and playgrounds;
(k) the maintenance of any building or other property vested in the Board; and
(l) the printing and publishing of such annual or periodic reports on the whole or any branch of its administration as the Government may by general or special order, require the Board to submit.
(2) No suit for damages or for specific performance shall be maintainable against any Board or any officer or member thereof, on the ground that any of the duties specified in sub-section (1) have not been performed.
81. Subject to such rules as the Government may from time to time prescribe, it shall be within the discretion of a Board, in addition to the duties imposed upon it under the provisions of this Act or any other law for the time being in force, to undertake and make provision for the following matters within the limits of its jurisdiction namely:—
(a) the encouragement and development of Co-operative Societies;
(b) the improvement of cattle and other livestock;
(c) the promotion of agriculture local arts, industries, commerce and other measures tending to the economic welfare of villagers;
Discretionary powers of a Board.
[Act No.I of 1956] 49
(d) the provision of public parks and recreation grounds;
(e) the construction of libraries and reading rooms and the furthering of educational objects other than the construction and maintenance of primary school buildings;
(f) the destruction or the detention and preservation of ownerless dogs;
(g) the holding and management of fairs and cattle, poultry, agricultural and industrial shows and exhibitions;
(h) the reclaiming of unhealthy localities, the laying out of new village-sites, the building of model villages, and the grant of loans to private persons or associations for the above purpose;
(i) the organisation and maintenance of relief works in times of famine or scarcity;
(j) the construction, repair, maintenance and management of medical and veterinary dispensaries;
(k) the establishment and maintenance of maternity services and child welfare centres;
(l) the purchase of medicines;
(m) the provision of houses for any class of servants employed by the Board;
(n) the eradication of Bengal Hyacinth and other noxious plants and prevention of water-logging in ayacuts;
(o) the afforestation, in co-operation with or on the advice of the Forest Department of any waste or other lands, 50 [Act No.I of 1956] to prevent erosion, to increase the local supply of fuel or to provide green manure;
(p) the construction, repair, maintenance and management of minor tanks for the purpose of irrigation in co-operation with or on the advice of the public works Department; and
(q) any other matter not hereinbefore specifically named which is likely to promote the health, comfort or convenience of the public.
CHAPTER VII.
Sanitary and Other Powers.
82. The President, the Executive Officer or any person authorised by the Board in this behalf may at any time between sunrise and sunset, on giving notice in the manner hereinafter provided, enter into and inspect, all buildings and lands, and by written notice direct that all or any part thereof, shall be cleansed, cleared or otherwise put in a proper state for sanitary reasons.
83. Whoever, being the owner or occupier of any building or land whether tenantable or otherwise allows the same to be, in an insanitary or unwholesome state or, in the opinion of the Board, a nuisance to persons residing in the neighbourhood, or overgrown with prickly pear or rank and noisome vegetation, and who, when required by a notice, in writing, from any person authorised by the Board in this behalf, to cleanse, remove or otherwise put the same in a proper state, does not comply with the said requisition within a reasonable time from the receipt thereof, shall, on conviction before a Magistrate, be liable to a fine not exceeding twenty rupees, and if the offence be a continuing one, to a further fine not exceeding five rupees for every day during which the said offence is continued after conviction.
Powers to enter and inspect, buildings, etc.
Insanitary buildings.
[Act No.I of 1956] 51
84. The President, the Executive Officer or any person authorised by the Board in this behalf, may, at any time, by written notice, require that the owner of, or any person who has control over, any well, stream, channel, tank or other sources of water-supply whether it is private or not shall-
(a) if the water is used for drinking—
(i) keep and maintain any such source of water supply, other than a stream, in good repair, or
(ii) within a reasonable time to be specified in the notice, cleanse any such source of water-supply from silt, refuse and decaying vegetation, or
(iii) in such manner as the Board directs, protect any such source of water-supply from pollution by surface drainage, or
(iv) desist from using and from permitting others to use for drinking purposes any such source of water-supply which not being a stream in its natural flow, is in the opinion of the Board unfit for drinking, or
(v) if notwithstanding any such notice under subclause (iv) such use continues and cannot in the opinion of the Board be otherwise prevented, close, either temporarily or permanently, or fill up or enclose or fence in such manner as the Board considers sufficient to prevent such use of such source of water-supply, or
(vi) drain off or otherwise remove from any such source of water supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Board considers is injurious to health or offensive to the neighbourhood;
Powers with regard to sources of water.
52 [Act No.I of 1956]
(b) within twenty-four hours of such notice, repair, protect or enclose in such manner as the Board may direct or approve any such source of water supply whether used for drinking purposes or not, other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure such source of water-supply is in the opinion of the Board dangerous to the health or safety of the public or of any person having occasion to use, pass by or approach the same.
85. If the owner or the person having control as aforesaid fails or neglects to comply with any such requisition within the time required by or under the provisions of section 84, the Board may, and, if in the opinion of the President immediate action is necessary to protect the health or safety of any person, shall, at once proceed to execute the work required by such notice, and all the expenses incurred thereon shall be paid by the owner of, or person having control over, such water supply and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X:
Provided that in the case of any well or private stream or any private channel, tank or other source of water supply, the water of which is used by the public or by any section of the public as of right, the expenses incurred by such owner or person having control may, if the Board so directs, be paid from the District Fund at the disposal of such Board.