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State of Madhya Pradesh - Section

Section 20 in The M.P. Public Health Act, 1949

20. Power of [Collector] [Substituted by M.P. A.O. 1956.] in regard to water supply.

(1)The [Collector] [Substituted by M.P. A.O. 1956.] of the district, or any other Officer appointed by Government in this behalf, may, in consultation with the Health Officer, 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 thereof is contaminated from any cause against which effective means of protection can be taken; and
(b)whether the provision of any additional source or sources of water-supply is necessary for such local area or part thereof.
(2)The [Collector] [Substituted by M.P. A.O. 1956.] 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 water-supply be provided, as the case may be :Provided that before issuing a notice under this sub-section on the [Collector] [Substituted by M.P. A.O. 1956.] or other officer shall give the authorities or persons affected, a reasonable opportunity to make any representations they may wish to make and consider the same.
(3)
(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 persons owning or having control over the source of water-supply, as the case may be, in the prescribed manner.
(4)If the directions contained in 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.
(5)
(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 (4) 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 local area who, on inquiry, are found to 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.
Explanation :- For the purpose of this sub-section, "water-tax" means,-
(a)a tax levied under Section 25; or
(b)a water rate or drainage-tax lawfully levied by a local authority.
(6)Any person aggrieved by a direction issued under sub-section (2) may, within a period thirty days from the communication of the direction appeal to the Government. The Government shall pass, thereupon, such order as it may think fit. The appellate order of the Government shall be final.