Section 215

Section 215 of Goa Municipalities Act, 1968. The Chief Officer may, at any time by written notice, require that the owner of or any person who has the control over any well, stream, channel, tank or other source of water supply, shall, whether such source is private property or not, within a reasonable time to be specified in the notice, or in

(1) The Chief Officer may, at any time by written notice, require that the owner of or any person who has the control over any well, stream, channel, tank or other source of water supply, shall, whether such source is private property or not, within a reasonable time to be specified in the notice, or in any case falling under clause (d) within twenty-four hours of such notice,- (a) keep and maintain any such source of water-supply, other than a stream in good repairs; or (b) cleanse any such source of water-supply from silt, refuse and decaying vegetation; or (c) in such manner as the Chief Officer may prescribe, protect any such source of water-supply from pollution or contamination; or (d) repair, protect or enclose in such manner as the Chief Officer approves any such source of water-supply, if for want of sufficient repair, protection or enclosure, such source of water-supply is, in the opinion of the Chief Officer, dangerous to the health 366 Substituted by the Amendment Act 27 of 2002. 367 Substituted by the Amendment Act 27 of 2002. - 390 - or safety of the public or of any person 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, which is proved to the satisfaction of the Chief Officer to be unfit for drinking; or (f) if, notwithstanding any such notice under clause (e), such use continues and cannot in the opinion of the Chief Officer be otherwise prevented, close either temporarily or permanently or fill up or enclose or fence in such manner as the Chief Officer considers sufficient to prevent such use of such source of water-supply as aforesaid; or (g) drain off or otherwise remove from any source of water-supply or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Chief Officer considers to be injurious to health or offensive to the neighbourhood. e (2) If the owner or person having control as aforesaid, fails or neglects to comply with any notice under sub-section (1) within the time specified therein, the Chief Officer may and if in his opinion 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 therein by the Chief Officer 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 due on account of a property tax:

Provided that, in the case of any well or private stream or of any private channel, tank or other source of water-supply, the water of which is used by the public or any section of the public as of right, the expenses incurred by the Chief Officer or necessarily incurred by such owner or person having such control, may if the Council so directs, be paid from the municipal fund.

(3) The Chief Officer may, by written notice require the owner or occupier of any land to cut down, lop or trim all trees or shrubs which so overhang any public tank, well or other source of water-supply as to pollute or be likely to pollute the water thereof.

Section 215, Goa Municipalities Act, 1968 (Act 16 of 1968).