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Section 74: Power of Government to confer special powers on officers to control notified diseascs

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

(1) (a) In the event of the prevalence or threatened outbreak of a notified diseasé in any place or area, the Government may declare that such place 2 area 1s visited by or threatened with an outbreak of such iseage.

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(b) The power conferred on the Government by clause

(a) may subject to the control of the Government also be exercised by the Collector in respect of a place or area within his district.

(c) Any declaration made by the Government under clause (a) or withdrawal thereof in whole or in part shall be published in the 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 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(2) When a declaration under clause (a) or clause (b) of sub-section (1) comes into operation and until it is withdrawn, the Collector or any person duly authorised by him by general or special order, or if empowered in this behalf by rules made under this Act, the Health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 local authority concerned or any officer of the Government other than the Collector may, subject to such exceptions, restrictions, limitations and conditions and to such control as may be prescribed either generally or in the case of the notified disease to which the declaration relates, exercise the following powers, namely:—

(a) power to order the evacuation of infected houses and houses adjoining them or in their neighbourhood, or generally of all houses in any infected locality;

(b) power to make vaccination and preventive inoculations compulsory subject to the provisions of subsection (3);

(c) power to direct—

(1) that persons arriving from places outside the local area or residing in any building adjacent to, or in the neighbourhood of an_ infected building, shall be examined by any specified medical officer or by any one of a specified class : of medical officers;

(ii) that the clothing, bedding or other articles belonging to such persons shall be disinfected 1f there is reason to suspect that they have been exposed to infection; and (ii1) that any such person shall give his address and present himself daily for medical examination at a specified time and place, for a period not exceeding ten days;

(d) power to take such measures as may be necessary—

(i) 1n respect of, or in relation to, persons exposed to infection from any notified disease, or likely to infect other persons with any such disease;

and a —=p- 4 Ps 99

(ii) in respect of, or im relation to, articles exposed to infection from any notified disease, or likely to infect persons with any such disease, including, in case (i) the placing of restrictions on the movements of such persons, and in case

(ai), the destruction of such articles and the placing of restrictions on their export from import into or transport within, the local area;

(e) power to direct that at any place within or outside the local area, any consignment of grain exported from or imported into, such area by rail, road or otherwise, shall be examined and, if necessary, unloaded and disinfected in any specified manner;

and

(f) power to close all or any existing markets and to appoint special places where markets may be held.

(3) (a) If any person who, or a child in whose care is sought to be vaccinated or inoculated in pursuance of the power referred to in clause (b) of sub-section (2) declares before a Magistrate specially empowered by the Government in this behalf that as a result of a careful enquiry into the subject, he believes that such vaccination or inoculation 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 representations made by him or on his behalf, exempt such person or child from vaccination or inoculation on condition of the 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 may be directed by the Magistrate:

Provided that any exemption granted under this clause shall cease to have effect after a conviction under clause (b) and no exemption shall be granted to any person who has been so convicted.

(b) Any person who commits a breach of any undertaking given by him under clause (a) shall be punished with Imprisonment which may extend to three months, or with fine not exceeding one hundred rupees or with both.

(4) The local authority or the Government may, in its discretion give compensation to any person who, in _ its opinion, has sustained 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 he for any loss or damage caused by any exercise of the powers aforesaid.

75. Destruction of rats, mice etc— (1) The occupier of every premises, or if the premises are unoccupied, the owner 100 thereof shall take such steps as may be reasonably practicable for the destruction of rats, mice and other animals susceptible to plague infesting such premises.

(2) Where the Health Officer is of opinion that the occupier or owner of any premises has failed to fulfil the obligation laid on him by sub-section (1), he may either—

(a) serve a notice on such occupier or owner, requiring him to take such steps and within such time as may be specified in the notice; or

(b) enter upon such premises and take such steps as may be necessary for the purpose of destroying the rats, mice and other animals susceptible to plague infesting the same, after giving not less than twentyfour hours previous notice to such occupier or owner.

(3) Any expenses incurred under clause (b) of subsection (2) may be recovered by the local authority concerned from the occupier or owner, as the case may be, as if it were a tax due from him to the local authority.

PART IIIl—Venereal Diseases

76. Poviston for treatment of venereal disease by local authorities (1) A local authority may, and if so, required by the Government shall, make such arrangements in its local area as may be directed by the Government for—

(a) the free diagnosis and treatment of persons suffering, or suspected to suffer, from venereal diseases;

and

(b) the prevention of infection from such diseases.

(2) The local authority may, for the purpose mentioned in sub-section (1), enter into a contract—

(a) with any other local authority; or

(b) with the hospital or medical institution recognised by the Government in this behalf; or

(c) with the sanction of the Government, with any qualified and registered medical practitioner.

Where this provision sits

ActTravancore -Cochin Public Health Act,1955
Section74
Marginal notePower of Government to confer special powers on officers to control notified diseascs
JurisdictionState of Kerala
StatusIn force as published by the source

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