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 Ideal jurisdiction' shall have. power to prohibit either generally or by special order in . any individual .case, asseinblages consi!>ting 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 assembla ges '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.
. 71. Power of Government to confer special powers on officers to control notified disel!-se. - (1) (a) In the event of the prevalence or threatened outbreak of a notified disease in any place or area, Govern ment 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 Collec tor of the district· subject to the control of the Government. . '.
,(c) Any declaration made by the Government UIider clause (a) or withdrawal thereof in whole !.
)1 1 I.
562 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(2) When a· declaration under clause (a) or clause (b) of sub-section (1) comes into operation, and until withdrawn, the Collector or any person duly authorised by him by general or special order, or if empowered in this behalf by rules made under this Act, the Health Officer or any other officer of the Government other than the Collector. may, subject to such exceptions, restrictions, . limitations and' conditions as may be prescribed either gene rally or in the case of the notified disease to which the declaration relates,'. exerCise the following powers,nainely: - ..'
'(a) power ,to order the evacuation of ,infected . ,hOuses and' houses adjoining' thein or' in· their neighbourhood, or generally of all houses in' an infected . locality;
(b). power to make vaccination and preventive innoculationscompulsory subject; to the provisions of sub-section (3); .
(c) power to direct-
(i)' that persons arriving from places outside the . local area, 'or residing in any' building, adjacent . to, or in the neighbouring of,' an infected building,. shall be examined by any' specified medical officer or by anyone of a specified class of medical officers;
(ii) that the clothing, bedding or other articles belonging to such persons .shall be disinfected, if there is reason to suspect that they have been exposed to infection; and
(iii) that any such person shall give address and present himself daily for medical examin ation at a specifiedUme and place, fora period not exceeding ten days,; . .
(d) power to take such measures as may be necessary in respect of, or in relation to,articles , exposed to infectio~ from' any notified disease;
or likely to. infect personS with any such disease, including (i) the placing .of r~trictions ontb.e movements of such persons, and (ii). the des truction of such articles and the placing of res trictions on' ·their export from, import into, or transport within the local area;
(e) power to direct that any consignment of grain exported into such area by rail, road or otherwise, shall be examined and, if necessary unloaded and disinfected in any specified manner;
(f) power to ·close all or any existing markets and to appoint special places where markets may 'beheld; and . .
(g) power to direct the local authorities to take such measures as may be necessary in respect of .
cattle within. local area;
(3) (a) If any' person who, or a child in whose care, is sought to be vaccinated or ·innocuIated in pursuance of . the power referred to incla1ise (b) .. SERIES'[ Ni>.~ of SUb-section (2) declare before a Magistrate specially empowered by the Government in this behalf that as a result of a careful inquiry into the subject, he believes that such vaccination or innocul ation, will be injurious to his health or the health of the child,as the case may be, the Magistrate may,after giving notice to the Health Officer and hearing any representation by him or on his behalf exempt such person or child from 'vaccination or innoculation, on such person aforesaid undertaking to subject himself and the members of his family to isolation of such description and for such period and to such further restrictions, if any, as niay be, directed by the Magistrate: ' .
Provided that any exemption granted under this clause shall' Cease toha.ve effect after' a conviction underclause(b)a.ud n6exemption, shall be. granted to any person who has been SO convic~" . . .'.
(b) Any person who commits a breach of any UJidertaking given by him undercIause (a) .shall be punished with imprisonment which may extend to three months, or with fine or with both.
. (4) The !ocalauthority ma.y, in its discretion give compensation to allY person who, in its opinion has susta:tned substantial loss by the destruction of any property under the powers conferred by this section 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.