Amendment status not verified — confirm the current text below against the official source.
Short title, extent and commencement. - (1) This Act maybe called the Goa,Daman and. Diu Public Health Act; 1985 .. (2) It extends to the whole of the Union territory of Gas, Daman and Diu. (3) It shall come into force at once. 2 .. Definitions. - In this Act, Unless the context·. otherwise requires,- . (1) "buildi!lg" includes,~ (a) a house, ol,lt-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 buUt with bricks, wood, mud, metal or any other material whatsoever; (b) a structure on wheel or simply resting on . . the grouild without foundations; and .. .- ~. (c) a ship, ·vessel, boat,tent, van and any other' such structures used for hUlnan habitation; (2) "cattle" includes elephants, camels, mules, asses, horses, cows, buffaloes, bulls, bullocks; sheep, goats, dogs and pigs and the young, ones of these speci~s; (3) "Collector" means the Collector of Goa, the Collector of Daman and the Civil Administrator, Diu and includes. an Additional Collector; (4) "Director" m1ans the Director of Health Services, Government of Goa, Daman and Diu; (5) "drain" 'means a' house-drain or a drain of any other description and includes a sewer, tunnel, cnlvert, ditch; channel or any other device for car- rying off sullage, sewage,offensi've matter,polluted water, rain water or subsoil water; (6) "drug" 'means any substance used as Ine<li- cine whether for internal or external use, or any substance used in the comPosition or. preparation' of such medicme; . (7) "dwelling house"· means a building cons- tructed, used Or adapted to be used, wholly or prin- . cipally, for human habitation' or in connection therewith; (8) "factory"meansany premises including the precincts thereof wherein any industrial,. Iilanufac- . turing or trade prO!!css is carried on with the aid of ,steam, water, oil, gas, electriCal or any other SERIES I No. 42" form of power which is mechanically' transmitted and is not generated by human or animal agency; (9) "filth" means,- (a) nightsoil. and. other contents of latrines" cesspools and drains; (b) dung and the refuse of useleSs; or (c) putrid and putrnying substances; (10)' "food" includes every article consumed. or . 1,lsed by man,' for food, drink, or chewing, and all materials used or admixed in the composition or' preparation o{ such article and shall also .include flavouring and. colouring matter and c<¥1diments; (11) "Government" means the Government of the Union territory of GOa, Daman and Diu; (12) "Health Officer" m~ans theHe~0fficer . appointed by. the Government ·under section 8; (13 ) "house drain': means any fu.ain actuaJly used, or intended to be used for the drainage of one or- more. premises; (14) "hut" means any building Which is construc-- ted prinCipally of wood, mUd, leaves; grass, thatch,. or metallic sheets, and includes any temporary struc-- ture of whatever size or any small building of what-- . ever material made, which the local .authority may declare to be a hut for the purposes of this Act; (15) "infectious disease" means an infectious. disease as defined in s~tion ""7 and includes notified . diseases as defined in section 57; (16) "latrine" includes privy, water-closet and .. urinal, .whether public or private, or whether open or flus)lOut; (17) "local area" means the area within the jUTIS-- dictioh of a local authority; . (18) "local authority'" means,- (a) in any municipal area, the Municipal Council .concerneq; . (b) in any other area, the Village Panchayat- concert.ted; (19) "lodging house" means.a hotel, a boarding house, . a choultry, dharmashala or rest-house not maintained by the Government ora local authority" or any place where casual visitors are received and provided with sleeping accommodation, with or' without food, on payment but does not include- (a) a students' hostel.under public or recoguized control, or (b) retiring rooms and rest-houses provided by a railway administration and normally used by- passengers or railway servants or both; . . (20) "magistrate" means a Magistrate as. cons,- trued under section 3 of the Code of Criminal Proce- dure, 1973 (Central Act 2 of 1974); . (21) "notification" means a :notification publish~ in the Official Gazette; /(22) "nuisance" includes any act, omission, place or thing :which causes or is likely to cause injury, danger, annoyance or. offence to the sense or ~.' m~, 16TH JA,Nf!ARY, 1986 (PAUBA 26, 1907) . . sight, smell or hearing or disturbance to rest: or sleep or which is or may be dangerOUs to life or·injurious to the health or property of ·the public or the people in general who ·dwell or occupy property. in the vici- nity or persons who may have occasipn to use any . public right; (23) "occupier" includes,-. (a) any person for the time being paying or liable to pay to the owner, the rent or any portion of the rent of the ·land or building or part of the same in respect of which the. word is used or damages on account of the occupation of such land, . building, or part; and (b) a rent-free occupant; . (24) "offensive matter" includes, (a) filth as defined in clause (9); and (b) sewage as defined in clause. (31); (c) dirt, hous.esweepings, spittings, including chewed betel and tobacco, kitchen or stable refuse, broken glass or pottery, debris, and waste paper; (25) "offensive trade'" means any trade in which the substance 'dealt with are, or likely to become, a nui.sance; (31) "sewage" means )lightsoiland other contents. ·of latrines, cesspools or drains. and includes trade effluents and discharges from manufactories of all kinds; . (32) "street.". mea.nsa public or private street; (33) "urban loCal area" means the area within the jurisdiction of an urban local authority; . (34) "urban local authority" . means a Munici- pal Council constituted under the Goa, Daman and' Diu Municipalities Act, 1968 (7 of 1969) and includes any panchayat notified by the Govern- ment .as an urban local' 'authority for tbe purposes of this Act; . (35) "venereal disease" means syphilis, gonorr- hoea, soft-chancre, venerealgranuloma~ympho- granuloma; ... - ,*- (36) "water-course" includes any river,. stream or channel, whether ·natural or artificial,. other than a -drain;" , (37) "workplace" means any premisef! including the precincts thereOf (not being a factory or a workshop). wherein is carried on any industrial; manufacturing or trade process, at which not leSs than five persons are employed for wages or any (26) "owner" includes the . p&son for the .tin1,. other remuneration; . being receiving or entitled to receive, whether on his . . own account or as. agent, trustee, guardian, manager or receiver for another person or estate or for any religious or cllaritable P11I'pOSeS, the rent or profits 'of. the property in . connection with which the word is used; . (27) "panchayat" means' a village Panchayat constituted under the Goa, Darnall and Diu Village I>anchayatRegula.tions, .1962(9 of 1972) ; (28)' "prescribed" means prescribed by the Go- vernmentby rules made under this Act; (29) "private street" means any street, road, square, court, alley,. lane, passage or riding-path which is not a. public street, but' does not. include a pathway made by the owner of premiSes on his own land to secure ac)cess to, or the convenient use of,such premises; . . (30) "public street'" means any street, road, square, court, alley, lane, passage or. riding-path, whether a thoroughfare or not, over which the public have a right of way, and includes,- (a) the roadway over any public bridge or cause- way; (b) the footway attached to any such street, public bridge or causeway; and . (cl the drains' attached to any such street; public bridge or causeway and the land whether 'covered or riot by any pavement, verandil., or other structure which lies on either side of the roadway upto the boundaries of the adjacent property whether that property is' private· pl'O-' perty or property belonging to the Central Go- vernment or the Government; (38) "workshop" means any premises including tbe rrecincts thereof (not being a factory) wherein any article or' part. of an article is made, repaired, altered, ornamented, finished or otherwise adapted for use on a .commercialbasis 'and not less than . five persons are employed for .that . P11I'pOSe , for wages or any other remuneration. - CHAP'rER'n Controlling Authorities .and their. powers