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State of Goa - Section

Section 76C in The Goa, Daman and Diu Public Health Act, 1985

76C. [ Nuisance. [New sections 76C to 76F have been inserted by Amendment Act 14 of 1996.]

(1)The competent authority may, by notice in writing require the person by whose act, default or sufferance, a nuisance arises, exists or continues or is likely to arise; or the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise; or any one or more of such person, owner, lessee and occupier; to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and within such period of time as the competent authority may specify in such notice.
(2)The competent authority may also by any notice under sub-section (1) or by another notice, served on such person, owner, lessee and occupier, or any one or more of them, require them, to take all steps requisite or necessary to prevent a recurrence of the nuisance and may, if he thinks fit and desirable specify any work to be executed or measures to be carried out for that purpose. If, at any time within two months from the date of service of any such notice, the nuisance recurs through the failure of the person or persons upon whom such notice has been served to comply with the requirements contained in such notice, such person or persons shall be liable without any further notice to the penalties provided in this Act for offences under this section.
(3)Where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction or demolition of any premises or any part thereof, the competent authority may, in addition to serving any notice on any one or more of the persons mentioned in sub-section (1) serve any such notice on the architect, contractor or other person employed to carry out such work of construction, reconstruction or demolition, as the case may be, and also on any sub-contractor employed by such contractor or other person or any one or more of such contractor, person and sub-contractor.Explanation :- For the purpose of this section, a nuisance shall include. -
(a)any pool, ditch tank, well, pond, quarry hole, drain water-course or any collection of water or
(b)any cistern or other receptacle for water or any article or thing capable of collecting rain water during the monsoon season whether within or outside a building or (c) any land on which water accumulates or is likely to accumulate or (d) any premises or part of any premises occupied, or unoccupied or under construction, reconstruction or demolition which, in the opinion of the competent authority, is or is likely to become a breeding place of mosquitoes.