Section 21 in The Goa, Daman and Diu Public Health Act, 1985
21. Health Officer's powers in regard to insanitary sources.
(1)The Health Officer may, at any time, by written notice require that the owner of or any person having control over, any lake, stream, spring, well, tank, reservoir, pond or other source of water-supply which is used for drinking, bathing or washing clothes shall, whether the same is private property or not, within a reasonable time to be specified in the notice, or in any case falling under clause (d) within such time as may be specified in the notice not being less than thirty days from the receipt thereof-(a)keep and maintain any such source of supply in such manner as the Health Officer may direct; or(b)cleanse any such source of water-supply from silt, refuse and vegetation; or(c)protect any such source of water-supply from pollution by surface drainage or otherwise, in such manner as the Health Officer may direct; or(d)fill in, repair, protect or enclose in such manner as the Health Officer may direct, any such source of water-supply, if for want of sufficient repair, protection or enclosure, such source of water-supply is, in his opinion, dangerous to the health or safety of the public or of any persons having occasion to use or to pass or approach the same; or(e)desist from using, and from permitting others to use for drinking purposes any such source of water-supply if, in the opinion of the Health Officer, the water is unfit for drinking; or(f)close any such source of water-supply, either temporarily or permanently, or fill up, enclose or fence the same in such manner as the Health Officer considers sufficient to prevent the use thereof for drinking purposes, if, in his opinion, the water is unfit for drinking; or(g)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 Health Officer considers to be injurious to health or offensive to the neighbourhood:Provided that the provisions of clause (a) and (b) shall not apply to a stream:Provided further that a notice shall not be issued under clause (f) unless a notice has first been issued under clause (e) and the source of water-supply in question continues to be used for drinking purposes notwithstanding the issue of such notice, and the Health Officer considers that such use cannot be prevented otherwise than by the issue of a notice under clause (f).(2)If the owner or person having control as aforesaid fails or neglects to comply with any notice issued under sub-section (1) within the time specified therein the Health Officer may, if immediate action is necessary to protect the health or safety of any person or persons, at once proceed to execute the work specified in such notice; and all the expenses incurred in respect thereof by the Health Officer shall be paid by the owner of, or person having control over such source of water-supply and shall be recoverable as if it were a tax due to the local authority concerned:Provided that in the case of any private source the water of which is used by the public or by any section of the public as of right, the expenses which have been incurred by the Health Officer or have been necessarily incurred by the owner of or person having control over the source of water-supply shall be paid from the funds of such authority as the Government, by order, determine.
