18. Power of Director of Health Services in regard to water-supply-
(1) Director of Health Services 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 of 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.
(2) The Director of Health Services or other officer aforesaid may, after taking into consideration the result of such enquiries, by notice, direct that any source of water-supply be cleaned, improved, repaired or otherwise protected from contamination, or that such additional source or sources of Water-supply be provided, as the case may be:
Provided that, before issuing anotice under this sub-section, the Director of Health Services or other officer shall give the authorities or persons affected a reasonable opportunity to make any representation they may wish to make and consider the same.
3) Against any direction issued by the Director of Health Services or other officer under sub-section(2), an appeal shall lie to the Government whose decision shall be final.
(4)(a) Every notice issued under sub-section(2) shall specify the nature and extent of the works to be executed, the estimated cost thereof, and the authority or authorities or the person or persons by whom, and the period within which, they are to be executed.
(b) The notice shall either-
- (i) be published in the prescribed manner; or
- (ii) be served on the local authority or on the person owing or having Control over the source of water-supply, as the case may be, in the prescribed manner.
(5) If the directions contained in any notice issued under sub-section (2) have not been satisfactorily complied with, the officer issuing the notice may himself cause the Works specified in the notice to be executed, provided that he may, on sufficient cause being shown, extend the period specified in the notice, or modify or rescind any direction contained therein.
(6)(a) If a water tax is imposed in the local area, the cost of carrying out the Works specified in the notice issued under sub-section (2), whether such works are executed by the authority or person specified therein or under sub-section (5) by the officer issuing the notice, shall be borne by the local authority Concerned.
(b) If no water-tax is imposed in the local area, such cost shall be borne by the inhabitants of the area who, on enquiry, are found to be benefited by the Works or shall be shared between such inhabitants and the local authority concerned in such proportions as may be determined by the Government.
Explanation- For the purposes of this sub-section "water-tax” means -
- (a) a tax levied under section 23 of this Act; and
- (b) a water and drainage tax levied under section 80 of the Travancore District Municipalities Act, 1116 or section 74 of the Cochin Municipal Act, XVIII of 1113 or section 95 of the Trivandrum City Municipal Act.
(1) If the Director of Health Services is satisfied upon investigation that any source of public water-supply in a local area is contaminated or is subject to imminent risk of contamination by reason of unsatisfactory location, protection, construction, operation or