GOA PUBLIC HEALTH ACT, 1985

Act No. 25 of 1985

09th December, 1985

An Act to make provision for advancing the Public Health in the Union territory of Goa, Daman and Diu. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty-sixth Year of the Republic of India as follows:--

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S.1 Short title, extent and commencement

(1) This Act may be called the Goa 1[***] Public Health Act, 1985.

(2) It extends to the whole of the Union territory of Goa, Daman and Diu.

(3) It shall come into force at once.

1. Omitted by Goa Laws (Amendment) Act, 2021, for the followings:- ", Daman and Diu"

S.2 Definitions

In this Act, unless the context otherwise requires,--

(1) "building" includes,--
- (a) a house, out-house, stable, latrine, godown, shed, but-wall (other than a boundary wall not exceeding 2.5 metres in height) and any other such structure, whether built with bricks, wood, mud, metal or any other material whatsoever;
- (b) a structure on wheel or simply resting on the ground without foundations; and
- (c) a ship, vessel, boat, tent, van and any other such structures used for human habitation;
(2) "cattle" includes elephants, camels, mules, asses, horses, cows, buffaloes, bulls, bullocks, sheep, goats, dogs and pigs and the young ones of these species;
(3) "Collector" means the Collector of Goa, the Collector of Daman and the Civil Administrator, Diu and includes an Additional Collector;
1[(3A) "Competent authority" includes,--
- (a) the Chief Medical Officer (National Malaria Era

S.3 Constitution of Public Health Board

(1) As soon as may be after the commencement of this Act, the Government shall cause to be constituted for the Union territory of Goa, Daman and Diu, a Public Health Board consisting of the following members, namely:--

1[(a) the Chief Secretary of Goa;
(b) the Secretary (Health);
(c ) the Law Secretary;
(d) the Collector of North (North Goa District);
(e) the Collector of South (South Goa District);
(f) the Principal Chief Engineer, PWD;
(g) the Superintendent of Police, North (North Goa District);
(h) the Superintendent of Police, South (South Goa District);
(i) the Director of Municipal Administration;
(j) the Director of Panchayats; and
(k) three persons having special knowledge of matters relating to Public Health or Public engineering.]

(2) Members nominated under clause *(f) of sub-section (1) shall hold office for a period of one year from the date of nominati

S.4 Functions of the Public Health Board

(1) The Public Health Board shall advise the Government on such matters as the Government may, from time to time, refer to it.

(2) The meetings of the Board and the mode of transaction of meetings shall be governed by such regulations as may be framed by it.

(3) The proceedings of the Board shall not be invalidated by reason of any vacancy in the office of the President, the Secretary or a member.

S.5 Powers of Government and of Director of Health Services

(1) The Government shall have power to inspect, control and superintend the operation of local authorities under this Act.

(2) The Government may, from time to time, define the powers to be exercised and the duties to be performed, by the Director or any member of his staff for the purposes of sub-section (1).

(3) Nothing contained in sub-sections (1) and (2) shall be deemed to affect, or derogate from any powers possessed by the Government or the Collector under any other law for the time being in force.

S.6 Power of Government to direct performance by Government of any function devolving on Local authorities

The Government may, by notification, direct that in respect of any function to be performed by a local authority under this Act and specified in the notification, the Government, and not the local authority, shall be the local authority in all or any areas which are comprised within the jurisdiction of such a local authority.

S.7 Powers of Director to recommend measures for improvement of Public Health

The Director may, from time to time as occasion requires, recommend for adoption, by any local authority, such measures as may be necessary for improving the public health administration in the local area, or for safeguarding the public health therein:

Provided that, if on account of financial or other reasons any local authority is unable to carry out such measures and requests the Government to carry out such measures, the Government, after satisfying itself about the genuineness of the said difficulties, shall carry out the said measures.

S.8 Appointment of Health Officer

The Government shall appoint, for each local area a Health Officer with such qualifications as may be prescribed, for the purposes of this Act.

S.9 Appointment of temporary Health Officers in emergency

(1) In the event of the prevalence or threatened outbreak of any infectious disease in any area, or of any unusual mortality therein, the Government may by order, appoint temporarily, for such period as may be specified therein, one or more additional Health Officers, for the treatment of such infectious disease and preventing it from spreading, or for investigating the cause of, and preventing such mortality, as the case may be.

(2) For the purpose of sub-section (1) the Government may appoint any medical practitioner registered under the Indian Medical Council Act, 1956 (Central Act 102 of 1956), either on an honorary basis or on such salary and allowances or both as the Government may fix.

S.10 Delegation of powers of Health Officer

The Government may, by general or special order, authorise any officer of the Government or of a local authority, to exercise such of the powers of a Health Officer under this Act, in such area, and subject to such restrictions, limitations and conditions and to such control and revision, as may be specified in such order.

S.11 Appointment of persons to carry out the provisions of this Act

Notwithstanding anything contained in this Act or in any other Act or Acts governing the local authority or authorities concerned, the Government may, by general or special order, appoint any person or persons to carry out such provisions of this Act and in such areas, as may be specified in the order.

S.12 Health Officers control over public health staff

(1) The Health Officer in-charge of any local area shall exercise supervision and control over all other members of the public health establishment of such area.

(2) (a) Save as otherwise provided in this Act or in any rules or regulations made under it, all appointments, transfers and punishments of the members of the public health establishment under the supervision and control of the Health Officer shall be made by the Health Officer, subject to the approval of the Director.

(b) If for any reason the local authority disagrees with the orders of the Health Officer under clause (a) the local authority shall refer the matter to the Director, whose decision shall be final.

S.13 Authorisation of Health Officer to perform the functions of local authority in public health matters

The Health Officer shall perform such of the functions and discharge such of the duties of the local authority in regard to public health matters under any of the provisions applicable to such local authority subject to such appeal and control as the Government may, by general or special order, determine.

S.14 Local authorities to provide potable water

Wherever a local authority has made a provision for supply of drinking water for consumption by the inhabitants of the area within its jurisdiction, it shall ensure,--

(a) that as far as possible, the water-supply is continuous throughout the year; and
(b) that the water supplied is at all times wholesome and fit for human consumption.

S.15 Power of Government to direct local authority to execute water works

(1) If in the opinion of the Government, a local area does not possess a sufficient supply of wholesome water fit for the consumption of its inhabitants, they may direct the local authority concerned, either singly or in combination with the local authorities of areas in the neighbourhood which are similarly situated to execute within such time as the Government may fix, such works as may be directed by the Government for providing a sufficient supply of wholesome water fit for human consumption:

Provided that, if on account of financial or other reasons, any local authority is unable to execute such works and requests the Government to execute such works, the Government, after satisfying itself about the genuineness of the said difficulties, shall execute the said works.

(2) A local authority may, with the previous sanction of the Government--

(a) construct, lay or erect filters, reservoirs, engines, conduits, pipes or other works outside the limits of i

S.16 Power of Government to divert water from water-main belonging to a local authority

The Government shall have power to take water from any water-main belonging to or in the control of, a local authority for supply of water to any other area, subject to such payment being made to the local authority concerned and subject also to such other conditions as the Government may consider reasonable;

Provided that before taking action under this section, the Government shall communicate to the local authority the grounds on which they propose to do so, fix a reasonable period for the local authority to show cause against the proposal, and consider its explanation or objections, if any.

S.17 Power of Collector in regard to water-supply

(1) The Collector or any other officer appointed by the Government in this behalf, may 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 is contaminated from any cause against which effective means or 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 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 protection 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, the Collector or other officer aforesaid shall give the authorities or persons interested a reaso

S.18 Power of Director to direct local authority to improve water-supply

If the Director is satisfied upon investigation that any source of public water-supply in local area is contaminated or is subject to imminent risk of contamination by reason of unsatisfactory location, protection, construction, operation or maintenance, and speedy remedy or immediate prevention is, in his opinion, desirable, he may, by order, direct the person in-charge to take such measures as may be specified therein; and such person shall take action accordingly.

S.19 Railway administration to submit samples of drinking water for analysis

In the case of any railway in the territory the Government may, by general or special order, require the authority administering the railway to submit for analysis, to such person or institution, in such manner, and at such intervals, as may be prescribed, samples of drinking water supplied by such authority at any station or stations on such railway. For such analysis, the authority aforesaid shall pay to the Government, such fee as may be prescribed.

S.20 Rules for protection and periodical examination of water-supply

The Government shall have power to make rules providing for the protection and periodical examination of sources of water-supply in the Union territory of Goa, Daman and Diu.

S.21 Health Officers 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 wat

S.22 Building not to be occupied without adequate water supply and proper water storage facility

1[(1) No owner of any building having more than one independent residential unit, which may be constructed or re-constructed after the commencement of the Third Amendment Act, 1993 shall occupy it, or cause or permit it to be occupied until he has obtained a certificate from the Health Officer,--

(i) that there is within such building or within reasonable distance therefrom, a supply of wholesome water sufficient for the domestic purpose of the inmates of such building, and
(ii) if such building has a sump or overhead tank, that they are provided with such mosquito proof arrangement as may be prescribed.

(2) The Health Officer may also by notice in writing, direct the owner or occupier of any existing building having a sump or overhead tank to provide such mosquito proof arrangement and within such time as may be specified by the Health Officer.

(3) Whenever a person on whom notice is served under sub-section (2), fails to comply with the

S.23 Local authority to maintain 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 drainage 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 drain or with any other means of drainage, they may direct the local authority concerned to provide or execute within such time as may be fixed in this behalf, such works as may be considered necessary.

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

S.24 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 if in the opinion of the Health Officer, there is 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--

(i) a closed cesspool, septic-tank, filter or other work of such material, size and description, as he may direct; and
(ii) a house-drain communicating with such closed cesspool, septic-tank, filter or other work.

(2) Where by reason of a local authority changing its system of drainage or undertaking a new system of drainage, it becomes necessary for the owner of any premises to reconstruct or a

S.25 Drains in private streets

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 considers 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 house-drain 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 be 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.

S.26 Drainage for huts

(1) Drains for the drainage of huts shall be of such size and description, and be constructed of such material 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.

S.27 Drainage of court-yard, alley, passage, etc.

For the purpose of efficiently draining any land or building, the Health Officer may, by notice, require the owner of any court-yard, alley, lane, passage or open space--

(a) to raise or pave the same with such material and in such manner as may be approved by the Health Officer and to keep such paving in proper repair; or
(b) to raise the level of such court-yard, alley, lane, passage or open space.

Explanation:--It shall be open to the Health Officer to require that in any case both the measures specified in clauses (a) and (b) shall be taken.

S.28 Construction and closure of cesspools

(1) No person shall construct a cesspool--

(a) beneath any part of any building or within such distance of any tank, reservoir, water-course or well or within such other distance therefrom as the Health Officer may consider to be practicable having regard to the circumstances of the locality; or
(b) within any local area or outside such area but within three hundred feet of any reservoir used for the storage of filtered water to be supplied to such area, except upon a site and in a position which have been approved in writing by the Health Officer.

(2) The Health Officer may, at any time, by notice, require any person within whose premises any cesspool is constructed in contravention of sub-section (1) to remove such cesspool or to fill it up with such material as may be approved by him.

S.29 Establishment of commercial, industrial and other establishments and constructions

1[(1) 2[No person, including Government Department, semi-Government Organization, Government company and statutory or non-statutory Corporation] shall construct any building, house, cesspool and any other structure unless prior permission to that effect is obtained from the Health Officer or the Medical Officer incharge of the respective Health Centre, at the time of starting such construction and also at the time of actually occupying such constructed premises.

(2) No commercial or industrial establishments, warehouses, storehouses, factories, workshops, 3[massage parlour/SPAS 4[***] or any other like service] or any other establishments of any kind, shall be established, without obtaining the prior permission from the Director.

(3) All such permissions issued shall be subject to the payment of such fees as may be notified by the Government from time to time.]

1 Substituted by the Amendment) Act 47 of 2001.

2 Substituted by the Amendment Act 22 of 2006.

S.29A Inspection of Massage Parlour//Spa

1 [29A. Inspection of Massage Parlour//Spa

(1) The Health Officer or any Officer not below the rank of Deputy Superintendent of Police as may be authorized by the Government, shall, from time to time, inspect the massage parlour//spa or any establishment or premises wherein massage parlour/spa is being run and also the registers that are required to be maintained by them under this Act. The person in-charge of massage parlour//spa shall, at all time, allow such officer to carry out such inspection. If upon inspection, the massage parlour/spa is found being run in contravention of the provisions of this Act or the rules framed thereunder, such Officer shall immediately inform about such contravention to the Collector, who shall immediately take all the steps for closure of massage parlour//spa and send all the details thereof to the Director who shall after affording reasonable opportunity of being heard pass such order as he may deem fit in the matter.

(2) No officer

S.29B Penalty for non-registration

1 [29B. Penalty for non-registration

A massage parlour/spa running without registering shall be liable-to a fine of Rs. 20,000/- (Rupees twenty thousand only) or any amount as notified by the Government from time to time.]

1. Inserted by Goa Public Health (Amendment) Act, 2014, section 3.

S.29C Registration of masseur//therapists

1[ 29C. Registration of masseur//therapists

(1) No massage parlour/spa shall employ a masseur/therapist, unless he/she holds a certificate of registration issued under sub-section (2), and a medical fitness certificate issued by the Government Hospital.

(2) Every person who desires to work as a masseur/therapist in a massage parlour/spa shall apply to such officer, in such form and accompanied with such fee, as may be prescribed, for grant of a certificate of registration.

(3) The officer, on receipt of an application under sub-section (2), shall, after conducting such inquiry as he deems fit, within a period of thirty days from the date of receipt of such application, either grant or refuse to grant a certificate of registration. Every order of refusal to grant certificate of registration shall be in writing. In case of refusal to grant such certificate, the applicant may file an appeal to the Director.

(4) The certificate of registration to be granted

S.30 Sullage or sewage not to be let out into street

No person having control over any building or land shall cause or allow--

(a) the water of any sink, sewer, 1[***] or other sanitary convenience, or any other liquid or other matter which is, or is likely to become offensive to run into a drain, or to be thrown or put upon, any street or open space or to soak through any external wall; or
(b) any offensive matter from any sewer, 1[***] or sanitary convenience, to run, drain or be thrown into a surface drain in any street.

1. Omitted by Goa Public Health (Amendment) Act, 2019, section 3, the previous text was:-latrine

S.31 Injurious refuse not to be discharged into public drain

No person shall, save as may be generally or specially prescribed, throw, empty, or turn, or suffer or permit to be thrown, emptied or turned or to pass, into any public drain, or into any drain communicating with a public drain--

(a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of such contents; or
(b) any liquid being refuse or steam or other liquid which is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance or prejudicial to health; or
(c) any explosive or inflammable substance.

S.32 Pollution of water prohibited

No person shall save as may be generally or specially prescribed--

(1) put, or cause to be put or cause to fall or flow or be carried or knowingly permit to be put or to fall or flow or be carried, into any water-course, lake, tanks, sea-water within five kilometers from the shore--

(a) any solid or liquid sewage matter, or
(b) any poisonous, noxious or polluting liquid proceeding from any manufactory or manufacturing process, or

(2) put, or cause to be put, or cause to fall or be carried or knowingly permit to be put or to fall or be carried, into any water-course, so as, either singly or in combination with other similar acts of the same or any other persons, to interfere with the due flow of such water-course, or to pollute the water therein, the solid refuse of any manufactory, manufacturing process or quarry, or any rubbish or cinders, or any other waste or putrid solid matter, or

(3) commit nuisance in or in the neighbourhood

S.33 Obligation of local authority to provide public sanitary conveniences

Every local authority shall provide and maintain in proper and convenient places a sufficient number of sanitary conveniences for the use of the public and cause all such places to be kept in proper order so as not to be a nuisance or injurious to health.

S.34 New houses to be provided with sanitary conveniences

If in any local area any building intended for human habitation is constructed or is reconstructed after being pulled down to or below the ground floor, the owner thereof shall provide such sanitary conveniences and in such positions as the Health Officer may, by notice, require.

S.35 Additional sanitary conveniences

If any building intended for human habitation is without any sanitary convenience or if, in the opinion of the Health Officer, the sanitary convenience or convenience provided therein are insufficient, having regard to the number of persons occupying the building or are inefficient, or are objectionable on sanitary grounds, he may, by notice in writing require the 1 [owner or occupier] of such building--

(a) to provide such sanitary conveniences or such additional sanitary conveniences and in such positions, as may be specified in the notice, or
(b) to make such structural or other alterations as may be specified in the notice.

1. Substituted by Goa Public Health (Amendment) Act, 2019, section 4, the previous text was:- owner

S.36 Mode of construction of latrines

(1) All latrines shall--

(a) be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood; and
(b) be maintained, repaired, altered and used in accordance with the rules and bye-laws made under this Act.

(2) If any latrine opening on any street, whether such latrine be erected before or after the commencement of this Act, is so placed or constructed as to be nuisance or offensive to public decency, the Health Officer may, by notice in writing require the owner to remove it or to carry out such improvement therein and within such time as may be specified in the notice.

(3) When any latrine is used in common by the occupiers of two or more premises or by the members of two or more families, no person shall injure or improperly foul any such latrine or anything used in connection therewith.

S.37 Certain things to be nuisances

Without prejudice to the generality of the definition of the expression nuisance contained in clause (22) of section 2, the following shall be deemed specifically to be nuisances for the purposes of this Chapter--

(1) any premises in such a state as to be prejudicial to health;
(2) any pond, pool, ditch, gutter, water-course, water-trough, latrine, cesspool, drain or ashpit which is so foul or in such a state as to be prejudicial to health;
(3) any animal kept in such a place or manner as to be prejudicial to health;
(4) any accumulation or deposit of refuse or other matter which is prejudicial to health;
(5) any factory, workshop or workplace, which is not provided with sufficient means of ventilation or in which sufficient ventilation is not maintained, or which is not kept clean or not kept free from noxious effluvia, or which is so overcrowded while work is carried on as to be prejudicial to the health of those employed therein;<

S.38 Detection of nuisance

Every local authority shall,--

(a) cause its local area to be inspected from time to time with a view to ascertain what nuisance exist therein calling for abatement under the powers conferred on such authority by this Act, and
(b) enforce the provisions of this Act in order to abate such nuisances.

S.39 Information regarding nuisance

Any person aggrieved by a nuisance in any local area may give information of the same to the Health Officer or any other officer of the local authority.

S.40 Power of Health Officer to abate nuisance

1[(1) If the Health Officer is satisfied, whether upon information received under section 39 or otherwise, of the existence of a nuisance, he shall be duty bound to issue a notice, within a period of seven days from the date of receipt of such information or date of knowledge of the existence of such nuisance, as the case may be, requiring the person who is responsible for such nuisance or by whose act, default or sufferance or thing the nuisance arises or continues, and/or if that person cannot be found, the owner or occupier of the premises in respect of which the nuisance arises or continues, to abate the nuisance and to execute such works and take such steps as may be necessary for that purpose, within a period as may be fixed in the notice, not exceeding sixty days in any case:

Provided that, the Health Officer, for reasons to be recorded in writing, and upon the application in writing by such person to whom such notice is issued, may extend the period specified in such

S.41 Power of local authority to abate nuisance

If the person on whom a notice to abate a nuisance has been served under section 40 makes default in complying with any of its requirements within the time specified therein or if the nuisance although abated within such time is, in the opinion of the local authority, likely to recur on the same premises, the local authority may arrange for the execution of any works necessary to abate the nuisance or to prevent its recurrence, as the case may be, and may recover the cost from such persons as if it were a tax due to the local authority.

S.42 Provision regarding house rendered unfit for occupation by reason of nuisance

Where a house or other building, is in the opinion of the Health Officer, unfit for human habitation by reason of a nuisance existing therein, he may apply to a Magistrate to prohibit the use of such house or building for human habitation until it is rendered fit therefor.

S.43 Disposal of articles removed while abating nuisance

(1) The Health Officer may sell any material which have been removed by him from any premises when executing works under this Chapter or otherwise carrying into effect the provisions thereof, if such materials are not claimed and taken away by the owner before the expiration of seven days from the date on which they were removed by the local authority.

(2) A Health Officer selling any materials under sub-section (1), shall pay the sale-proceeds to the person to whom the materials belonged after deducting therefrom the amount of any expenses recoverable from him by such authority.

(3) The provisions of this section shall not apply to any offensive matter removed by a local authority under the Act governing such authority.

S.44 Powers of entry and inspection

Any Officer of the Public Health Department of the Government not below the rank of Health or Sanitary Inspector, may enter and inspect any premises for the purpose of enforcing any of the provisions contained in this Chapter:

Provided that--

(a) no such entry shall be made between sunset and sunrise except when a nuisance is caused by anything done or omitted to be done in the premises between sunset and sunrise;
(b) no dwelling house shall be so entered without the consent of the occupier thereof, and unless he has been served at least twenty-four hours previous notice of the intention to make such entry;
(c) sufficient notice shall in every case by given to enable the inmates of any apartment appropriated to women to withdraw to some part of the premises where their privacy may be preserved; and
(d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry to the social and religious usage

S.45 Nuisance caused by act or omission outside local area

If a nuisance under this Act within, or affecting any part of a local area, appears to be wholly or partly caused by some act or default committed or taking place outside such local area, the Health Officer may take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisances, authorised by this Act in the like cases and with the like incidents and consequences as if the act or default were committed or took place wholly within such local area.

S.46 Prohibition of the deposit of rubbish, etc. in streets, etc.

(1) No person shall deposit or cause or suffer any member of his family or house hold to deposit any carcasses of animals, any dust, dirt, dung, ashes, or refuse or filth, earthenware or other rubbish, or any other thing which is or may be a nuisance in any a street, or in any arch under a street, or in any drain beside a street, or on any open space or on any quay, jetty or landing place of or any part of the sea-shore, or on the bank of any water-course, except in such receptacles as may be provided at such places, in such manner and at such hours, as may be fixed by the local authority.

(2) No person shall cause himself or cause, permit or suffer any member of his family or household to ease himself in any such street, arch, drain, open space, quay, jetty, landing place, sea-shore or bank aforesaid.

(3) Any person easing himself in any private open space shall immediately cover up the excreta with earth.

S.47 Infectious diseases

For the purposes of this part, infectious diseases means (a) acute influenzal pneumonia, (b) anthrax, (c) cerebrespinal fever, (d) chickenpox, (e) cholera, (f) diphtheria, (g) entric fever, (h) leprosy, (i) plague, (j) rabies, (k) relapsing fever, 1[(1) smallpox, (m) pulmonary tuberculosis, (n) syphilis, (o) gonorrhoea, (p) acquired imuno deficiency syndrome] and any other disease which the Government may from time to time, by notification, declare to be an infectious disease either generally throughout the Union territory or in such part or parts thereof as may be specified in the notification.

1 Items (m) to (p) have been inserted by Amendment Act 7 of 1987.

S.48 Appointment of additional health staff

(1) In the event of the prevalence or threatened outbreak of any infectious disease in any local area, or of any unusual mortality therein, the local authority concerned shall provide such additional staff medicines, appliances, equipments and other things as may, in the opinion of the Health Officer, be necessary for the treatment of such infectious diseases and preventing it from spreading or for investigating the cause of such mortality and preventing it, as the case may be:

Provided that, if the local authority does not agree with the opinion of the Health Officer, the matter shall be referred to the Director whose decision shall be final.

(2) In the event aforesaid, if the Health Officer considers that immediate action is necessary in the interest of public health, he may, notwithstanding anything contained in sub-section (1), appoint such staff and obtain such medicines, appliances, equipments and other things as may be necessary; and the expenses incurred in re

S.49 Provisions and maintenance of isolation hospitals and wards

(1) (a) The local authority may, and if so required by the Government shall provide or cause to be provided hospitals, wards or other places for the reception and treatment of persons suffering from infectious diseases.

(b) For the purpose of the reception and treatment of such persons a local authority may--

(i) itself build such hospitals, wards or places of reception, or
(ii) contract for the use of any existing hospital or part of such hospital or place of reception, or
(iii) enter into an agreement with any person having the management of any such hospital, for the reception and treatment therein of persons suffering from infectious diseases.

(c) For the purpose aforesaid, two or more local authorities may in combination provide a common hospital or place of reception.

(2) A local authority shall not be deemed to have discharged its obligation under subsection (1) unless the hospitals, wards and places of reception in

S.50 Provision of ambulances, etc.

The Director, shall,--

(a) provide and maintain suitable conveyances, with sufficient attendants and other requisites, for free carriage of persons suffering from any infectious diseases; and
(b) provide proper places and apparatus and establishment, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection, and when any conveyances, clothing, bedding or articles are brought to such place for disinfection may cause them, at its discretion, to be disinfected, either free of charge, or on payment of such fee as it may fix.

S.50A Restrictions to operate Ambulance van without permit

1[(1) Notwithstanding anything contained in section 50 of this Act, no person or occupier of Nursing Home, Clinic, Dispensaries, Pathological Laboratory, Blood Bank, Private Hospital, Health Care establishment including Veterinary Institution or any social, cultural or charitable organization or NGO shall provide or operate any ambulance van without obtaining any permit from the prescribed authority.

(2) Every owner or operator of an ambulance van shall make an application for grant of permit to operate an ambulance van in the State in such form and to such authority, as prescribed.

(3) Every application for grant of permit under sub-section (2) shall be accompanied by such fee and document as prescribed.]

1 Section 50A to section 50 E inserted by the Amendment Act 10 of 2009.

S.50B Grant of permit for operating an ambulance van

1[(1) On receipt of an application under sub-section (2) of section 50-A, the prescribed authority shall, after satisfying the fulfillment of requirement and conditions as prescribed, either grant or refuse to grant a permit for operating the ambulance van within a period of fifteen days from the date of receipt of the application complete in all respects and prescribed fee thereof.

(2) If any deficiency is noticed in the application, the prescribed authority shall in writing require the applicant to rectify the same within a period of seven days thereof. If the applicant fails to rectify the deficiency with the specified period, the application shall be refused:

Provided that no order of refusal shall be made unless--

(a) the applicant has been given a reasonable opportunity of being heard; and
(b) the grounds on which the permission is refused are mentioned in the order.]

1 Section 50A to section 50 E inserted by the Amendment Act 10 of

S.50C Validity of permit

1[(1) A permit granted to operate ambulance van to the applicant shall be valid for a period of five years subject to renewal and fulfillment of condition as prescribed.

(2) Every application for renewal of permit shall be made three months before expiry of period as specified in sub-section (1), accompanied by such renewal fee as prescribed.

(3) The prescribed authority shall renew the permit if the applicant has fulfilled the requirements as laid down under the rules.

(4) If the prescribed authority fails to pass any order within the specified period, the permit shall be deemed to be renewed for further period subject to terms and conditions as specified under the rules.]

1. Section 50A to section 50 E inserted by the Amendment Act 10 of 2009.

S.50D Power to detain ambulance van used without permit

1[(1) Any police officer or any other officer duly authorized by the Director of Health Services in this behalf, may, if he has reasons to believe that an ambulance van has been or is being used in contravention of the provisions of section 50-A or in contravention of the condition of such permit or other purpose for which ambulance van not to be used, seize and detain the ambulance van in the prescribed manner and for this purpose, take and cause to be taken any steps he may consider necessary for the safe custody of the ambulance van:

Provided that where any such person has reasons to believe that the ambulance van has been or is being used in contravention of section 50-A, he may instead of attaching ambulance van, seize the permit of the ambulance van and issue an acknowledgement certificate in respect thereof.

(2) Where an ambulance van or permit has been seized and detained under sub-section (1), the owner or a person in charge of ambulance van may apply to the

S.50E Penalty for operating ambulance van without permit

1[Whoever operates or causes or allows to operate an ambulance van in contravention of the provisions of section 50-A, shall be punishable with imprisonment which may extend to three months or with fine which may extend to Rs. 5000/-, or with both.]

1. Section 50A to section 50 E inserted by the Amendment Act 10 of 2009.

S.51 Registered Medical practitioners to give information of certain infectious diseases

1[Every registered medical practitioner of any system of medicine including practitioner of dental surgery who in the course of his practice becomes cognizant or suspects the existence of any case of the diseases mentioned in section 47 in any private or public dwelling, hospitals (including nursing homes), shall report and furnish information of the same with the least practicable delay--

(a) in a local area, to the local authority concerned; and
(b) in any other area, to the Health Officer or a health or Sanitary Inspector:

Provided that in the case of acquired imuno deficiency syndrome, the information shall necessarily be given to the Health Officer of the respective jurisdiction.]

1. Substituted by Amendment Act 7 of 1987.

S.52 Prohibition of the use of water from suspected source

(1) If it appears to the Health Officer that the water in any tank, well or other place, if used for drinking or any other domestic purpose, is liable to endanger or cause the spread of any infectious disease, he may, by public notice, prohibit the removal for use of the said water generally or for any specified domestic purpose and shall direct the local authority to provide alternate source of water within a reasonable distance.

(2) No person shall remove or use any water in respect of which any such notice, has been issued in contravention of the terms thereof.

S.53 Removal of infected person to hospital

(1) If it appears to the Health Officer that any person is suffering from an infectious disease, and that such person--

(i) is without proper lodging or accommodation, or
(ii) is without medical supervision directed to the prevention of the spread of the disease, or
(iii) is lodging in a place occupied by more than one family; or
(iv) is in a place where his presence is a danger to the people in the neighbourhood, and
1[(v) should be removed to hospital or other place at which patients suffering from such disease are received for treatment, the Health Officer may remove such person or cause him to be removed to such hospital or place;]
2[(vi) no person including a foreigner shall refuse collection of blood for investigation of acquired imuno deficiency syndrome or any other communicable/infectious diseases if the Health Officer has reasonable ground to suspect that such person is suffering from acquired imuno deficiency synd

S.54 Prohibition of the exposure of other persons to infections

(1) No person who knows that he is suffering from an infectious disease specified in this Chapter shall expose other persons to the risk of infection by his presence or conduct in--

(a) any market, college, playground, or such other place, or
(b) theatre or other place of entertainment or assembly, or
1[(c) any hotel, hostel, boarding house, choultry, rest-house, club or massage parlour/spa, or]
(d) any factory or shop.

Explanation:--A person shall be deemed to know that he is suffering from an infectious disease within the meaning of this sub-section if he has been informed by the Health Officer or any other officer of the Public Health Department of the Government or of a local authority, not below the rank of Health or Sanitary Inspector or a Medical Practitioner that he is so suffering.

(2) No person who has the care of a person whom he knows to be suffering from an infectious disease shall cause or permit that person

S.55 Infected person not to engage in certain trades and occupations

No person shall, while suffering from, or in circumstances in which he is likely to spread, any infectious disease--

(a) make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food for human consumption; or
(b) engage in any other occupation without a special permit from the Health Officer of the local authority concerned or otherwise than in accordance with the conditions specified therein.

S.56 Prevention of infectious diseases transmissible from animals

If, in any local area, any infectious disease transmissible to man breaks out or is, in the opinion of the Health Officer, likely to break out amongst cattle or other animals it shall be the duty of the Health Officer to recommend to the local authority the adoption of such measures, as he may deem necessary for suppressing or mitigating the disease or for preventing the outbreak or threatened outbreak thereof; and the local authority shall consider such recommendations and take such action thereon as to it may deem suitable.

S.57 Notified diseases

In this part, notified disease means, any disease which the Government may, from time to time, by notification, declare to be a notified disease for the purpose of this part either generally through out the Union territory or in such part or parts thereof as may be specified in the notification.

S.58 Occupation of houses to prevent the spread of infection

(1) The Health Officer may, in cases of emergency, with the sanction of the Collector enter upon, occupy and use, or depute any person to enter upon, occupy and use, without having recourse to the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), any building or place which in the opinion of the Health Officer, is required, and is suitable for any purposes connected with the prevention or control of infection from a notified disease:

Provided that, if the building or place is occupied notice shall be given in writing to the occupant, or be conspicuously affixed on such building or place not less than thirty-six hours before it is entered upon.

(2) The owner or lessee of such building or place shall be entitled to compensation for any damage or expenses incurred and to a reasonable rent for the period during which it had been occupied or used for any of the purposes referred to in sub-section (1). Such compensation and rent shall be fixed by the Col

S.59 Information regarding notified disease

Every medical practitioner, who in the course of his practice becomes cognizant of the existence of any notified disease in any private or public dwelling other than a public hospital and every manager of any factory or public building, every keeper of a lodging house, every head of a family and every owner or occupier of a house, who knows or has reason to believe that any person in any premises under his management, control or occupation is suffering from, or has died of a notified disease, shall, if the case has not been already reported, give information of the same with the least practicable delay--

(a) in local areas, to the local authority, the Health Officer or a Sanitary Inspector, and
(b) in other areas, to the Health Officer, a Health or Sanitary Inspector or the village Sarpanch.

Explanation:--In this section, medical practitioner includes a hakim or vaidya, whether registered or not.

S.60 Power of entry of Officers to take preventive measures

(1) The Health Officer or any person authorized by him in this behalf, may

(a) at all reasonable hours, inspect with or without assistants any place in which any notified disease is reported or suspected to exist without notice in the case of factories, workshops, work-places, offices and the like and after giving such notice as may appear to him reasonable in other cases including dwelling houses; and
(b) take such measures as he may consider necessary to prevent the spread of such disease beyond such place.

(2) The powers conferred by sub-section (1) on the Health Officer may, in local areas, be exercised also by the local authority or any person authorised by such authority.

S.61 Destruction of hut or shed to prevent spread of infections

(1) If it appears to the Health Officer that the destruction of any hut or shed is necessary to prevent the spread of any notified disease, he may, after giving to the owner and the occupier of such hut or shed such previous notice of his intention as may in the circumstances of the case appear to him reasonable take measures for having such hut or shed and all the materials thereof destroyed.

(2) Such compensation as the local authority may consider reasonable, shall be paid to any person who in its opinion sustains loss by the destruction of any hut or shed under the powers conferred by sub-section (1) but save as provided in this sub-section, no claim for compensation shall lie for any loss or damage caused by any exercise of the powers aforesaid.

S.62 Closure of lodging houses

If, on the application of the Health Officer, a Magistrate is satisfied that it is necessary in the interests of public health that a lodging house or any place where articles of food are sold, or prepared, or exposed for sale, or distributed, should be closed on account of the existence or recent occurrence in such lodging house or place of a case of notified disease, the Magistrate may, by order, direct it to be closed until the expiry of such period as may be specified in the order or until it is certified by the Health Officer to be free from infection.

S.63 Infected clothes not to be sent to laundry

No person shall--

(1) send or take to any laundry or public wash-house or any public water-course, tank or well, for the purpose of being washed or to any place for the purpose of being cleaned, any clothing, bedding or other article which he knows to have been exposed to infection from any notified disease, unless such article has been disinfected by or to the satisfaction of the Health Officer or a registered medical practitioner, or unless under instructions from such a person, it is sent with proper precautions to a laundry for the purpose of disinfection with notice that it has been exposed to infection; or
(2) place or cause or permit to be placed in any dust-bin or other receptacle for the deposit of refuse any matter which he knows to have been exposed to infection from a notified disease and which has not been disinfected.

S.64 Infected persons not to use public conveyance

(1) No person who knows that he is suffering from notified disease shall--

(a) enter any public conveyance used for the conveyance of passengers at separate fares, or
(b) enter any other public conveyance.

(2) No person having the care of a person when he knows to be suffering from a notified disease shall permit that person to be carried--

(a) in any public conveyance used for the conveyance of passengers at separate fares, or
(b) in any other public conveyance, without previously notifying the owner, driver or conductor thereof that the person is so suffering.

(3) The owner, driver or conductor of a public conveyance used for the conveyance of passengers at separate fares shall not convey therein a person whom he knows to be suffering from a notified disease, at any time when a passenger not suffering from such disease is being conveyed therein:

Provided that a person suffering from a notified disease

S.65 Letting or sub-letting a building occupied by an infected person

No person shall, without a special permission from the Health Officer, let or sub-let or permit or suffer any prospective tenant to enter a building in which he knows or has reasons to know that a person has been suffering from a notified disease within the three months immediately preceding.

S.66 Prohibition of exposure of other persons to infection

(1) No person who knows that he is suffering from a notified disease shall expose other persons to the risk of infection by his presence or conduct in--

(a) any street or public place, or
(b) any market, theatre or other place of entertainment or assembly, or
(c) any school, college, playground or such other place, or
(d) any hotel, hostel, boarding house, choultry, rest-house, or club, or
(e) any factory or shop.

Explanation:--A person shall be deemed to know that he is suffering from a notified disease within the meaning of this sub-section if he has been informed by the Health Officer or any other officer of the Public Health Department of the Government or of a local authority, not below the rank of Health Officer or sanitary inspector, or medical practitioner registered under the Indian Medical Council Act, 1956 (Central Act 102 of 1956) that he is so suffering.

(2) No person who has care of a person whom he

S.67 Forbidding work in infected premises

(1) If a case of notified disease occurs on any premises, the Health Officer may, whether the person suffering from the disease has been removed from the premises or not, make an order forbidding any work to be given out to any person living or working on those premises or in such part thereof as may be specified in the order, and any order so made be served on the occupier of the factory from which the work is given out or on any contractor employed by the occupier.

(2) An order under this section may be expressed to be operative for a specified time or until the premises or any part thereof specified in the order have been disinfected to the satisfaction of the Health Officer, or be expressed to be operative so long as any other reasonable precautions specified in the order are taken.

(3) This section applies to the making, cleaning, washing, altering, ornamenting, finishing or repairing of wearing apparel and any work incidental thereto, and to such other classes o

S.68 Prohibition of use of public library by infected person

No person who knows that he is suffering from a notified disease shall take any book or cause any book to be taken for his use, or use any book taken from any public or circulating library.

S.69 Disposal of bodies of persons dying while suffering from notified disease

(1) No person having the charge or control of the body of any person who has died while suffering from a notified disease shall permit or suffer persons to come unnecessarily into contact with, or proximity to, the body.

(2) No person shall, without the sanction in writing of an officer of the Public Health Department of the Government or of the local authority concerned not below the rank of Health Officer or Sanitary Inspector, retain in any premises (elsewhere than in a public mortuary) for more than twelve hours the body of any person who has died while suffering from any notified disease.

(3) (a) If any such body not being a body kept in a mortuary remains undisposed off for more than twelve hours without the sanction referred to in sub-section (2), or if the dead body of any person is retained in any building so as to endanger the health of the inmates of such building or of any adjoining or neighbouring building, any Magistrate may, on the application of any of

S.70 Power of Magistrate to prohibit an assembly of more than fifty persons

In the event of the prevalence of a notified disease in any local area, on the application of the Health Officer, any Magistrate, not being a Magistrate of the third class, having local jurisdiction shall have power to prohibit either generally or by special order in any individual case, assemblages consisting of any number of persons exceeding fifty in any place whether public or private or in any circumstances, or for any purpose, if in his opinion such as assemblages in such place, in such circumstances, or for such purpose, would be likely to become a means of spreading the disease or of rendering it more virulent.

S.71 Power of Government to confer special powers on officers to control notified disease

(1) (a) In the event of the prevalence or threatened outbreak of a notified disease in any place or area, Government may declare that such place or area is visited by or threatened with, an outbreak of such disease.

(b) The power conferred on the Government by clause (a) may also be exercised, in the case of a place or area situated in a district, by the Collector of the district subject to the control of the Government.

(c) Any declaration made by the Government under clause (a) or withdrawal thereof in whole or in part shall be published in the Official Gazette and shall come into operation on the date of such publication.

(d) Any declaration made by the Collector under clause (b) or withdrawal thereof in whole or in part shall be published in the Official Gazette and shall come into operation on the date of such publication.

(2) When a declaration under clause (a) or clause (b) of sub-section (1) comes into operation, and until withdrawn, the Collecto

S.72 Destruction of rats, mice, etc.

(1) The occupier of every premises, or if the premises are unoccupied, the owner thereof, shall take such steps as may be reasonably practicable for the destruction of rats, mice and other animals susceptible to plague infecting such premises.

(2) Where the Health Officer is of the opinion that the occupier or owner of any premises has failed to fulfil the obligation laid on him by sub-section (1), he may either--

(a) serve a notice on such occupier or owner, requiring him to take such steps and within such time as may be specified in the notice, or
(b) enter upon such premises and take such steps as may be necessary for the purpose of destroying the rats, mice and other animals susceptible to plague infesting the same, after giving not less than twenty-four hours previous notice to such occupier or owner.

(3) any expenses incurred under clause (b) of sub-section (2) may be recovered by the local authority concerned from the occupier or ow

S.73 Provisions for treatment of venereal diseases by local authority

(1) A local authority may, and if so required by the Government shall, make such arrangements in its local area as may be directed by the Government for--

(a) the free diagnosis and treatment of persons suffering, or suspected to suffer, from venereal diseases; and
(b) the prevention of infection from such diseases.

(2) The local authority may for the purpose mentioned in sub-section (1) enter into contract--

(a) with any other authority, or
(b) with a hospital or medical institution recognized by the Government in this behalf, or
(c) with the sanction of the Government with any medical practitioner registered under the Indian Medical Council Act, 1956 (Central Act 102 of 1956).

S.74 Patient to be instructed in methods of prevention of spread of venereal disease

Every physician or other person treating, or examining with a view to treating, a person having a venereal disease shall at the first visit--

(a) impress upon such person the necessity for treatment until he is cured;
(b) instruct him in regard to the measures necessary for preventing the spread of the disease; and
(c) furnish him with such other information relating to the disease as may be provided by the Director.

S.75 Rules for prevention, treatment and control of certain diseases

(1) The Government shall have power to make such rules as they deem fit for the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of such diseases and the rules may declare by what authority or authorities