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Section 128: Notice to be gievn of far or festwal

Travancore -Cochin Public Health Act,1955State Act of Kerala · Act 16 of 1955

(1) The person or authority m charge of any fair or festival shall, not less than thirty days before its commencement, intimate to the executive authority or Health Officer of the local authority concerned, or, in case the fair or festival is to be held within the jurisdiction of more than one local authority, to the executive authority or Health Officer of each of the local authorities concerned, the date of commencement of such fair or festival, and the period for which it will last.

(2) The person or authority in charge of the fair or festival shall also furnish such other particulars relating to the fair or festival as may be called for by the executive authority or Health Officer of the local authority or any of the local authorities concerned.

124. Sanitary arrangements etc.— The local authority within whose jurisdiction a fair or festival 1s held or if it is held within the jurisdiction of two or more local authorities, any person or committee appointed by such local authorities jointly, shall make provision for:—

(1) the demarcation and preparation of the site of the fair or festival;

(2) the clearing and draining of the site;

(3) the disposition of the several parts of the fair or festival, including the alignment of roads within site;

(4) the supply in sufficient quantities of water fit for drinking and cooking purposes for the use of persons resorting to the fair or festival, and the proper preservation of such water;

(5) the accommodation of pilgrims and visitors, to such extent as may be practicable;

(6) the lighting of the fair or festival centre;

(7) the supply by suitable persons of wholesome food at reasonable rates, and in such quantities as may be necessary to persons resorting to the fair or festival, and the proper supervision and inspection of all food prepared or offered for sale or stored or in the course of transit within the fair or festival centre;

(8) the collection, removal, and disposal of refuse, rubbish and sewage;

(9) the supply and maintenance of suitable latrines for the use of persons restoring to the fair or festival;

_ (10) the detection and segregation of cases of infectious disease and the prevention of the introduction and spread of such diseases;

(11) the employment of adequate medical staff, the provision of medical relief, and the furnishing of hospital accommodation both for general and isolation purposes; and

(12) such other purposes as may be prescribed.

125. Health Officer to supervise the arrangements.— The arrangements mentioned in Section 124 shall be executed under the supervision and control of the Health Officer concerned, or if the fair or festival is held within the jurisdiction of more than one local authority, under the supervision and control of the Health Officer of one of such local authorities designated by the person or committee referred to in Section 124, or, m case no Health Officer is so designated, under the supervision and control of the Health Officers concerned within their respective local areas.

126. Power to enter and seize uwnwholesome food.— (1) The Health Officer, or a Health or Sanitary Inspector of the local authority or of any of the local authorities concerned, or any officer of the Government or of any such local authority appointed by the Government in this behalf, may—

(a) enter and inspect any building or shop in the fair or festival centre, which is a source of food supply,

(b) for the purpose of inspection, have access to any source of water supply on such centre or within such distance therefrom as the Government may, by general or special order, determine; and

(c) seize any food prepared or offered for sale or stored or in course of transit within the fair or festival centre which he has reason to believe is unwholesome or unfit for human consumption, and destroy the same forthwith, if in his opinion such food is of a perishable nature or the value thereof does not exceed ten rupees.

(2) (a) Any officer seizing any food under clause (c) of sub-section (1) shall, if it is not destroyed under that clause, report the seizure to such authority or person as may be prescribed in that behalf.

(b) If the authority or person aforesaid is of opinion that the food is unwholesome or unfit for human consumption, such authority or person may, by order in writing, direct the food to be destroyed; and any expenses incurred in this behalf (including the cost, if any, of analysing the food or sample thereof), shall be recoverable from the person from whom the food was seized, as if it were an arrear of land revenue.

(c) If the authority or person aforesaid is of opinion that such food is wholesome and fit for human consumption, the food shall be returned to the person 119 from whom it was seized; and the cost, if any, of analysing the food or a sample thereof shall be borne by the local authorities concerned.

127. Occupaten of building etc., required a connection with fawr or festival (1) The local authority may, in cases of emergency, with the sanction of the Collector, depute any person to enter upon, occupy and use, without having recourse to the provisions of the Land Acquisition Act, for the time being in force, any land or any building not being a dwelling house in the notified fair or festival centre which, in the opinion of the Health Officer, 1s required and 1s suitable for any purposes connected with the fair or festival, such as the construction of pilgrim-sheds, water-sheds, hospitals, segregation-sheds, latrines and the like:

Provided that if the land or building is occupied, notice shall be given to the occupants or be conspicuously affixed on such land or building not less than twenty-four hours before it is entered upon.

(2) The owner or lessee of such land or building shall be entitled to compensation for any damage or expenses incurred, and to a reasonable rent for the period during which it had been occupied or used for any of the purposes referred to in sub-section (1). Such compensation and rent shail be fixed by the Collector.

(3) The local authority shall, when any such land or building ceases to be occupied or used for any of the purco aforesaid, cause it to be thoroughly disinfected and cleansed.

128. Control over private sources of water-supply.— (1) The Health Officer may, by notice mm writing, require the owner of, or other person having control over, any source of water-supply situated on the fair or festival centre, or within such distance therefrom as the Government may, by general or special order determine, to close or disinfect such source within a specified time, if, in the opinion of the Health Officer, it is likely to engender or cause the spread of disease amongst persons resorting to the fair or festival.

(2) If the owner or person aforesaid fails or neglects to comply with any notice issued under sub-section (1) within the time specified therein, the Health Officer may himself take the necessary action, and the whole of the expenses incurred in doing so or such part thereof as the Health Officer may determine to be reasonable shall be recovered from such owner or person as if it were an arrear of land revenue.

129. Lacensing of houses to accommodate visitors to fair or festival (1) The owner or occupier of a house, not being a lodging house registered under Chapter XI, situated in any notified fair or festival centre shall not, for purposes 120 of gain, accommodate in the house visitors to the fair or festival, without obtaining a licence in that behalf from the executive authority or the Health Officer of the local authority or any of the local authorities concerned, This provision shall not apply to tenancies from month to month or for a period exceeding one month.

(2) Every application for a lecence under sub-section

(1) shall be in writing, shall contain such information as may be required by the authority to whom it is addressed, and shall be accompanied by such fee as may be prescribed for the grant of the licence.

(3) (a) If it appears to the executive authority or the Health Officer, as the case may be, that the house is suitable for accommodating visitors to the fair or festival, he may issue a licence in the prescribed form and subject to the prescribed conditions for the accommodation in the house of such number of visitors as may, in his opinion, be conveniently received therein, having regard to the number of persons resident in the house, whether as members of the family or as servants of the owner or occupier.

(b) The licence shall also specify—

(i) the maximum number of persons (residents and visitors) who may be accommodated in the house at any one time; and

(ii) the date until which it shall remain in force.

(4) If the authority granting the licence is satisfied that the licenced house has, subsequent to the grant of the licence, become unfit for the accommodation of visitors, or if the licensee is convicted of any offence punishable under this Chapter, such authority may revoke the licence or, at his discretion, may suspend the licence for such period or until the fulfilment of such condition, as he may specify.

Where this provision sits

ActTravancore -Cochin Public Health Act,1955
Section128
Marginal noteNotice to be gievn of far or festwal
JurisdictionState of Kerala
StatusIn force as published by the source

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