Any owner or occupier of a house or land who fails to comply with a requisition issued by the Municipal Commissioner or the Executive Officer, shall be liable after the expiration of eight days from the date of service on him of such requisition. to a fine not exceeding five thousand rupees, and to a further fine not exceeding two hundred rupees for every day during which the default is continued
361. Municipality to prevent and check dangerous diseases-
(1) It shall be the duty of the municipality to take such measures as are necessary for preventing, or checking the spread of, any dangerous disease in the municipal area or of any epidemic disease among any animals therein.
(2) Any person, whether as a medical practitioner or otherwise, being in charge of, or in attendance upon, any other person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering, shall forthwith give information in respect of the existence of such disease to the Municipal Commissioner or the Executive Officer.
362. Power of the Municipal Commissioner or the Executive Officer to inspect any place and take measures to prevent spread of dangerous disease-
(1) The Municipal Commissioner or the Executive Officer may, at any time, by day or by night, and with or without notice, inspect any place in which any dangerous disease is reported or suspected to exist, and take such measures as he may think fit to prevent the spread of such disease beyond such place, and shall forthwith send information thereof to the State Government, the District Magistrate and the senior most functionary of the Health Department of the State Government in the District.
(2) When any person suffering from any dangerous disease is found to be –
(a) without proper lodging or accommodation, or
(b) living in a room or house which he neither owns nor pays rent for, nor occupies as a guest or relative of the person who owns, or pays rent for such room or house, or
(c) living in a sarai, hotel, boarding-house, or hostel, or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 582
(d) lodged in premises occupied by members of two or more families, the Municipal Commissioner or the Executive Officer or any person authorized by him in this behalf may, on the advice of any Medical Officer, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment and may do anything necessary for such removal.
363. Power of Municipal Commissioner and Executive Officer to cleanse, disinfect, destroy, or control places of infection-
(1) The Municipal Commissioner or the Executive Officer may cleanse, or disinfect, or cause destruction of, any building, hut or shed, water-source or lodging and eating house, if, in his opinion, such cleansing, disinfection or destruction would tend to prevent or check the spread of any dangerous disease, and, in case of emergency, he may cause such cleansing or disinfection to be done by the employees of the municipality at the cost of the owner or the occupier of such place, or, at the cost of the municipality, if, in his opinion, such owner or the occupier is unable to pay the cost owing to poverty.
(2) Where the Municipal Commissioner or the Executive Officer is satisfied that the destruction of any building, hut or shed, or clothing, or article is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may cause such building, hut or shed or clothing or article to be destroyed:
Provided that compensation may be paid by the Municipal Commissioner or the Executive Officer to any person who sustains substantial loss by the destruction of such building, hut or shed or clothing or article.
(3) The Municipal Commissioner or the Executive Officer may, on being satisfied that it is in the public interest so to do, by order, in writing, direct that any lodging house or any place in the municipal area where articles of food and drink are sold, or prepared, or stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open, if the Municipal Health Officer certifies that it has been disinfected or is free from infection.
(4) The Municipal Commissioner or the Executive Officer or any person authorized by the municipality may, at all reasonable times, enter into, and inspect, any market, building, shop, stall or place used for the sale of food >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 583 or drink, or as a slaughter house, or for the sale of drugs, and inspect and examine any food, drink, animal or drug, which may be found therein and, if any article of food or drink, animal or drug therein, intended for the consumption of persons, appears to be unfit therefor, he may, by notice, restrict the sale of such food, drink, animal or drug, in such manner, and for such period, as he may deem fit.
(5) If the Municipal Commissioner or the Executive Officer is of the opinion that the water in any well, tank, or other place in the municipal area is likely to cause the spread of any disease, he may, by notice, in writing, prohibit the drawal or use of such water for drinking, and require the owner or the person having control of such well, tank, or other place by the notice to take such steps as may be required to prevent the public from having access to, or from using, such water and may take such other steps as he may consider expedient to prevent the outbreak or spread of such disease:
Provided that in the case of an emergency, the Municipal Commissioner or the Executive Officer or any person authorized by him in this behalf may, with or without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of preventing the spread of any dangerous disease.
364. Special measures in case of outbreak of dangerous or epidemic diseases -
(1) In the event of any municipal area or any part thereof being affected or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Municipal Commissioner or the Executive Officer may, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose of preventing the outbreak of such disease, with the previous approval of the municipality, -
(a) take such special measures, and
(b) by notice, give such directions to be observed by the public or by any class or section of the public as he thinks necessary to prevent the outbreak of such disease:
Provided that where, in the opinion of the Municipal Commissioner or the Executive Officer, immediate action is necessary, he may take such action without such approval and shall forthwith report such action to the municipality.
(2) Any person, who commits a breach of any direction given in the notice under clause (b) of sub-section (1) shall be deemed to have committed an offence under section 188 of the Indian Penal Code, 1860.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 584
365. Means for disinfection -
(1) The municipality may, in its discretion, or shall, when the State Government so directs, -
(a) provide proper places within the municipal area with necessary attendants and apparatus for disinfection of conveyances, clothings, beddings, or other articles which have been exposed to infection, and
(b) cause conveyances, clothings, beddings, or other articles brought for disinfection, to be disinfected, either free of charge or on payment of such charges as it may fix.
(2) The Municipal Commissioner or the Executive Officer may notify places at which such conveyances, clothings, beddings, or other articles, which have been exposed to infection, shall be washed and if he does so, no person shall wash any such conveyances, clothings, beddings, or other articles at any place, not so notified, without previous disinfection.
(3) The Municipal Commissioner or the Executive Officer may direct the destruction of any clothing, bedding, or other article likely to retain infection, and may give such compensation as he thinks fit for any clothing, bedding or other article, so destroyed.
366. Special conveyance for carrying infected persons -
(1) Subject to such regulations as may be made in this behalf, the Municipal Commissioner or the Executive Officer may, either on his own or through any other agency, provide and maintain suitable conveyances for the free carriage of persons suffering from any dangerous disease or dead bodies of persons who died of any such disease.
(2) The Municipal Commissioner or the Executive Officer may, either on his own or through any other agency, provide for disinfection of any public conveyance, which has carried any person suffering from a dangerous disease, or the corpse of a person who died of any such disease.
367. Prohibitions- Subject to such regulations as may be made in this behalf, the Municipal Commissioner or the Executive Officer may prohibit –
(a) the letting out of any infected building without being first disinfected,
(b) the disposal of infected articles without disinfection,
(c) the washing of any infected clothes by any washerman or laundry, and
(d) the making and selling of food, or washing of clothes, by infected persons.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 585