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Panchayat:Repo18/vol2-page0202

2018-01-06T08:41:27Z

Anupriya:

2O2 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 5
(b) the status and previous experience of the applicant; (c) the suitability of the place where the cinematograph exhibitions are proposed to be given; (d) the adequacy of existing places for the exhibition of cinematograph films in the locality; SS (e) the benefit to any particular locality or localities to be afforded by the opening of a new place of cinematograph exhibition; (f) the possession by the applicant of other places, if any licensed under this Act, whether in the same locality or elsewhere, and whether at the time of applying for the licence or at any previous time, and shall also take into consideration any representations made by persons already giving cinematograph exhibitions in or near the proposed locality, whether within the jurisdiction of the same local authority or not, or by any police authority within whose jurisdiction the place proposed to be licensed is situated or by any association interested in the giving of cinematograph exhibitions. (2) The licensing authority shall not grant a licence unless it is satisfied that(a) the rules made under this Act have been substantially complied with, and
(b) adequate precautions have been taken in the place, in respect of which the licence is to be granted, to provide for the safety, Convenience and comfort of the persons attending exhibitions therein: ܝ
Provided that the licensing authority shall, before refusing to grant a licence under this Act, give the applicant an Opportunity of showing cause against the proposed action.
(3) The licensing authority may, after consideration of the matters set forth in Sub-section (1), limit the number of places in any area in respect of which licences under this Act may be granted.
(4) The Government may issue such orders and directions of a general character as they may consider necessary, in respect of any matter relating to licences for the exhibition of cinematograph films, to licensing authorities, and every licensing authority shall give effect to such orders and directions.
(5) Subject to the foregoing provisions of the section, the licensing authority may grant licences under this Act to such persons and on such terms and conditions and subject to such
restrictions as it may determine. (6) Every licence under this Act shall be personal to the person to whom it is granted and no transfer or assignment thereof, whether absolute or by way of security or otherwise, shall be valid unless approved in writing by the licensing authority.
(7) Any person aggrieved by the decision or order taken or passed by the licensing authority
. . . . .
under this Act may, within such time as may be prescribed, appeal
5(1) Where the licensing authority is the executive authority of a local authority and such executive authority has taken the decision or passed the order without the previous concurrence of that local authority, to that local authority; and (ii) in any other case, to such officer or authority as the Government may, by notification, specify in this behalf.8 T(8) "Any officer or authority appointed by the Government in this behalf by notification,
5. Substituted by Act 22 of 1975 w.e.f. 5-7-1975.
6. Revenue Divisional Officers are appellate authorities as per S.R.O. 1157/78, published in Kerala Gazette Extraordinary No. 50 dt. 12-12-1978.
7. Substituted by Act 22 of 1975 w.e.f. 5-7-1975.
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Panchayat:Repo18/vol2-page0203

2018-01-06T08:40:50Z

Anupriya:

Sec. 8A THE KERALA CINEMAS REGULATION ACT, 1958 203
may, either of his or its own motion or otherwise, call for the records of any case in which an order has been passed in appeal under sub-section (7) and pass such order thereon as he or it thinks fit: Provided that no order shall be passed under this sub-section without giving the party who may be affected thereby an opportunity of being heard.) 6. Licensing authority to permit construction and reconstruction of buildings, installation of machinery, etc., for cinematograph exhibitions.- (1) Any person who intends(a) to use any place for the exhibition of cinematograph films; or (b) to use any site for constructing a building thereon for the exhibition of cinematograph films; or (c) to construct any building for such exhibition; or (d) to instal any machinery in any place where cinematograph exhibitions are proposed to be given shall make an application in Writing to the licensing authority for permission therefor, together with such particulars as may be prescribed and any provision contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994) or in the rules made under any of them in so far as it relates to any of the matters specified above, shall not apply to any application made under this section. (2) The licensing authority shall thereupon, after consulting such authority or officer as may be prescribed XXXX) grant or refuse permission and the provisions of sections 5,10 and 11 relating to licences shall, So far as may be, apply to permission under this section:
Provided that the previous concurrence of the local authority shall not be necessary for renewal of a permission under sub-section (1).
7. Power of Government to issue directions.- The Government may, from time to time, issue directions to any licensee or to licensees generally, requiring the licensee or licensees to exhibit such film or class of films having a scientific or educative value, such films dealing with news and Current events, such documentary films, indigenous films or such other films having special value to the public, as may have been approved by the Government in that behalf from time to time; and where any such directions have been issued, those directions shall be deemed to be additional Conditions and restrictions subject to which the licence has been granted:
Provided that no direction issued under this section shall require the licensee to exhibit any such films exceeding two thousand feet at, or for more than one-fifth of the entire time taken for,
any one show.
8. Power of licensing authority to issue directions.- The licensing authority may, from time to time, issue directions to any licensee or to licensees generally, requiring the licensee or licensees to exhibit in each show such slides of public interest as may be supplied by that authority: Provided that no direction issued under this section shall require the licensee to exhibit more than three such slides at, or for more than four minutes in any one show.
18A. Power to enter place of cinematograph exhibition to inspect licence or to prevent exhibition without licence or in violation of the provisions.- (1) The licensing authority or any person authorised by him in writing in this behalf may enter at any reasonable time any place used for cinematograph exhibition and inspect the licence, if any, issued under this
Act. (2) If the licensing authority or the person so authorised is satisfied that
(a) there is no such licence; or
8. Substituted by Kerala Decentralisation of Powers Act, 2000 (Act 16 of 2000), Published in Kerala Gazette Extra No. 869 dt. 12-5-2000. 9. Omitted by Ibid. 10. Inserted by Act 22 of 1975 w.e.f. 5-7-1975. 11. Section 8A inserted by Act 22 of 1960 w.e.f. 13-10-1960.
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Panchayat:Repo18/vol2-page0204

2018-01-06T08:40:09Z

Anupriya:

204 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 9
(b) the place is used for cinematograph exhibition in violation of any of the provisions of this Act or the rules issued thereunder or of any condition or restriction upon or subject to which the licence has been granted, the licensing authority or such person may, without prejudice to any other action that may be taken in respect of such violation, prevent the further exhibition of cinematograph films in that place without licence or in violation of the provisions, conditions or restrictions aforesaid and may, for that purpose, use such force as may be necessary:
Provided that before preventing the further exhibition of cinematograph films in that place the licensee or other person exhibiting cinematograph films shall be given a reasonable opportunity to show cause against the proposed action.)
9. Power of Government or District Collector to suspend exhibition of films in certain cases.- The Government in respect of the whole of the State or any part thereof, and the District Collector within his jurisdiction may
() if they or he are or is of opinion that any film which is being or is about to be publicly exhibited is likely to cause a breach of the peace, or
(ii) for any other sufficient reason, by order, suspend the exhibition of the film; and during such suspension, no person shall exhibit such film or permit it to be exhibited in any place in the State or any part or district thereof, as the case may be.
(2) No order shall be issued under sub-section (1) until the person concerned has been given a reasonable opportunity of showing cause against the Order proposed to be issued in regard to him:
Provided that this sub-section shall not apply where the Government or the District Collector proposing to issue the order are or is satisfied that owing to any emergency or for some other reason to be recorded by them or him in Writing it is not reasonably practicable to give to that person an opportunity of showing cause:
Provided further that a copy of the reasons recorded by the Government or the District Collector for issuing the order shall be communicated to the person concerned as soon as it becomes reasonably practicable to communicate the reasons to him.
(3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (2), the decision thereon of the Government or the District Collector, as the case may be shall be final.
(4) Where an order under sub-section (1) has been issued by the District Collector, a copy thereof together with a statement of the reasons therefor, shall forthwith be forwarded by him to the Government, and the Government may, on a consideration of all the facts of the case, vary or discharge the order.
(5) An order issued under sub-section (1) shall, remain in force for a period of two weeks from the date thereof, but the Government may, if they are of opinion that the order should continue in force, direct that the period of Suspension shall be extended by such further period or periods not exceeding six weeks in the aggregate as they think fit:
Provided that the Government or the District Collector may review their own order.
10. Penalties.- (1) If the owner or person in charge of a cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used, in contravention of the provisions of this Act or of the rules made thereunder, not being rules made under clause (k) of sub-section (2) of section 13, or of the conditions and restrictions upon or subject to which any licence has been granted under this Act, he shall be punishable with fine which may extend to 'ten thousand rupees) and, in the case of a continuing offence, with a further fine which may extend to "one thousand rupees) for each day during Which the offence continues.
12. Substituted by Kerala Decentralisation of Powers Act, 2000 (Act 16 of 2000), Published in Kerala Gazette Extraordinary No. 869 dt. 12-5-2000.
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Panchayat:Repo18/vol2-page0205

2018-01-06T08:39:33Z

Anupriya:

Sec. 13 THE KERALA CINEMAS REGULATION ACT, 1958 205
(2) If any person contravenes the provisions of any rules made under clause (k) of subsection (2) of section 13, he shall be punishable with fine which may extend to 'one thousand rupees).
(3) Where after a prosecution for an offence under sub-section (1) has been commenced, the licensing authority has reason to believe that the holder of the licence is again Committing the offence or Continues to commit it, the licensing authority may by notice warn the holder of the licence not to continue the offence. If the holder of the licence still persists in Committing the offence the licensing authority may suspend the licence pending the result of the prosecution.
11. Power to revoke licence.- (1) Where the holder of a licence has been convicted of an offence under section 10 of this Act or under section 7 of the Cinematograph Act, 1952 or under 13|section 10 of the Kerala Local Authorities Entertainments Tax Act, 1961 (20 of 1961)), the licence may be revoked by the licensing authority by an order in writing. (2) Where the holder of a licence has been convicted of an offence mentioned in sub-section (1) and the licence has not been revoked by the licensing authority, the 'local authority) may call for and examine the record of any proceeding taken under that sub-section, call for any report in connection therewith and may pass such order in reference thereto as “it thinks fit: Provided that no order shall be passed under this sub-section without giving an opportunity to show cause to the party who may be affected by the order. 12. Power to revise proceeding under the Act.- The Government may call for and examine the record of any proceeding taken under this Act, call for any report in connection therewith make or cause to be made any further enquiry and may pass such order in reference thereto as they think fit: Provided that no order shall be passed under this section without giving an opportunity to show cause to the party who may be affected by the order. 1512A. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.) 13. Power to make rules.- (1) The Government may, by notification, make rules to carry out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for(a) the terms, conditions and restrictions subject to which a licence may be granted under this Act and the fees to be paid in respect of such licence; (b) the regulation of cinematograph exhibitions for securing the public safety; (c) the time within which and the conditions subject to which an appeal under subsection (7) of section 5 may be preferred, and the fees to be paid in respect of such appeal; (d) the procedure to be followed by persons submitting applications for permission under section 6; (e) the documents and plans to be submitted together with such applications, and the fees to be paid on such applications;
(f) the matters to be taken into consideration by the licensing authority before approving the site for the construction of the building, or the plans for the construction or reconstruction of the building, or the installation of machinery;
13. Substituted by Act 22 of 1977 w.e.f. 4-6-1975, for the words Section 13 of the T.C. Places of Public Resort Act, 1951 or under section 13 of the Madras Places of Public Resort Act, 1888 or under section 10 of the T.C. local Authorities Entertainments Tax Act, 1951 or under section 14 of the Madras Entertainments Tax Act, 1939.
14. Substituted by Kerala Decentralisation of Powers Act, 2000 (Act 16 of 2000), Published in Kerala Gazette Extraordinary No. 869 dt. 12-5-2000.
15. Section 12A inserted by Act 22 of 1960 w.e.f. 13-10-1960.
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Panchayat:Repo18/vol2-page0206

2018-01-06T08:38:55Z

Anupriya:

206 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 14
(g) the terms, conditions and restrictions subject to which the licensing authority may accord approval in respect of the matters referred to in clause (f);
(h) the action to be taken in cases of contravention of the terms, conditions and restrictions subject to which such approval was accorded;
(i) the procedure to be followed by the licensing authority before granting or refusing permission under section 6 and any other matter incidental thereto;
() the procedure for approval of films for the purposes of section 7; (k) the prohibition or regulation of smoking in cinema theatres; (3) All rules made under this Act shall be laid for not less than fifteen days before the Legislative Assembly, as soon as possible after they are made and shall be subject to such
modifications, whether by way of repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.
-
14. Power to exempt.- The Government or any officer authorised in this behalf may, by Order in Writing, exempt, subject to such conditions and restrictions as they may impose(i) any cinematograph exhibition to which public are not admitted or to which public are admitted without payment; Of (ii) any cinematograph exhibition provided for purposes which are educational, Cultural or Scientific, by any institution, society, Committee or other organisation not conducted or established for profit; or (iii) any place where a cinematograph exhibition referred to in clause (i) or (ii) is given, from any of the provisions of this Act or of any rules made thereunder.
15. Repeal.-The Travancore-Cochin Cinemas (Regulation) Act, 1955 (IX of 1955) and the Madras Cinemas (Regulation) Act, 1955 (IX of 1955) as in force in the Malabar District referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), are hereby repealed:
Provided that any licence, appointment, notification, order, rule, form or bye-law, issued or made or deemed to have been issued or made under the repealed Acts shall, So far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been issued or made under the provisions of this Act, unless and until it is Superseded by any licence, appointment, notification, order, rule, form or bye-law issued or made under this Act.
16 HESCHEDUE
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Panchayat:Repo18/vol2-page0206

2018-01-06T08:38:35Z

Anupriya: '206 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 14 (g) the terms, conditions and restrictions subject to which the licens...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Panchayat:Repo18/vol2-page0205

2018-01-06T08:36:47Z

Anupriya: 'Sec. 13 THE KERALA CINEMAS REGULATION ACT, 1958 205 (2) If any person contravenes the provisions of any rules made under c...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Panchayat:Repo18/vol2-page0204

2018-01-06T08:35:52Z

Anupriya: '204 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 9 (b) the place is used for cinematograph exhibition in violation of any...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Panchayat:Repo18/vol2-page0203

2018-01-06T08:34:44Z

Anupriya: 'Sec. 8A THE KERALA CINEMAS REGULATION ACT, 1958 203 may, either of his or its own motion or otherwise, call for the record...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Panchayat:Repo18/vol2-page0202

2018-01-06T08:33:50Z

Anupriya: '2O2 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 5 (b) the status and previous experience of the applicant; (c) the suitab...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Panchayat:Repo18/vol2-page0143

2018-01-06T08:18:49Z

Anupriya: 'Sec. 125 THE MADRAS PUBLIC HEALTH ACT, 1939 143 “centre) or within such distance therefrom as the Government may, by gen...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Sec. 125 THE MADRAS PUBLIC HEALTH ACT, 1939 143
“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 three 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 a sample thereof) shall be recoverable from the person from whom the food was seized, as if it were a tax due from him to the local authority or any of the local authorities concerned. (c) If the local 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 from whom it was seized; and the cost, if any, of analysing the food or a sample thereof shall be borne by the local authority or local authorities concerned. 123. Occupation of building, etc., required in connection with fair or festival.- (1) The local authority may, in case of emergency, with the sanction of the District Collector, depute any person to enter upon, OCCupy and use, without having recourse to the provisions of the Land Acquisition Act, 1894, 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, is required and is 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 in writing to the occupant 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 shall be fixed by the District Collector. (3) The local authority shall, when any such land or building ceases to be occupied or used for any of the purposes aforesaid, cause it to be thoroughly disinfected and cleansed. 124. Control over private sources of water-supply- (1) The Health Officer may, by notice in writing, require the owner of, or other person having control over, any Source of watersupply situated on the fair or festival site, 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 a tax due from him to the local authority or any of the local authorities concerned.
125. Licensing 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 of gain, accommodate in the house visitors
42. Substituted for the word "site" by section 12 of the Madras Public Health (Amendment)Act, 1941 (Madras Act XIX of 1941) re-enacted permanently by section 2(1) of, and the First Schedule to, the Madras Re-enacting Act, 1949
(Madras Act X of 1949).

Panchayat:Repo18/vol2-page0139

2018-01-06T08:17:49Z

Anupriya: 'Sec. 11 1 THE MADRAS PUBLIC HEALTH ACT, 1939 139 (2) The keeper of a lodging house and every other person having the care...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Sec. 11 1 THE MADRAS PUBLIC HEALTH ACT, 1939 139
(2) The keeper of a lodging house and every other person having the care or taking part in the management thereof shall at all times allow the executive authority, the Health Officer or any other person authorised by the executive authority or Health Officer in this behalf, to have free access to all parts of the house.
107. Cancellation of registration by Court.- When the registered keeper of a lodging house is convicted of an offence under this Chapter or under Section 64 or a rule or bye-law applicable to him made under this Act, the Court by which he is convicted may cancel his registration as a lodging house-keeper and may order that he be disqualified for such period as the Court thinks fit for being again registered as such keeper.
CHAPTER XII Food Control 108. Prohibition of sale of unsound food.- (1) No person shall
(a) sell, expose or hawk about for sale, or keep, store or prepare for sale, any animal intended for human consumption which is diseased, or the flesh of any animal which has died on account of natural causes; or (b) sell, expose or hawk about for sale, or keep, store, manufacture or prepare for sale, any food or drug intended for human Consumption which is unfit for such purpose or is unwholesome. (2) In any prosecution under sub-section (1), the Court shall unless and until the contrary is proved, presume(a) that any animal found in the possession of a person who is in the habit of keeping animals of that class for sale for human consumption, has been kept by such person for sale, and (b) that any food or drug found in the possession of a person who is in the habit of keeping, storing, manufacturing or preparing such food or drug for sale for human Consumption, has been kept, stored, manufactured or prepared by Such person for sale. 109. Punishment for contravening provisions of Section 108, through others.- (1) Any person who does any of the acts mentioned in sub-section (1) of Section 108 or in clauses (a) to (d) of sub-section (1) of Section 5 of the Madras Prevention of Adulteration Act, 191839A through others employed by him, whether the latter be adults or children, shall be liable to punishment for such act as if he had himself done the same. (2) If a child under seven years of age does any of the acts aforesaid, the employer of the child or the parent or other person having the care and custody of the child, as the case may be, shall be liable to punishment for such act as if he had himself done the same. 110. Flesh of dead animal not to be consumed.- No person shall knowingly consume the flesh of any animal which has died on account of natural causes. Explanation:-lt shall be no defense to a prosecution under this section that the flesh was consumed as a matter of custom, or as a matter of right on account of services rendered in removing dead cattle or on any other ground. 111. Importing meat into local area.- (1) No person shall bring into any local area, without the permission in writing of the Health Officer thereof, the flesh of any animal slaughtered outside the local area otherwise than in a slaughter-house maintained or licensed by the Government or by a local authority. (2) Any flesh brought into the local area in contravention of sub-section (1) may be seized by the Health Officer or any Officer or servant of the local authority authorised by him in that behalf, and sold or otherwise disposed of as the Health Officer may direct; and in case of sale, the saleproceeds shall be credited to the funds of the local authority. (3) Nothing in this section shall be deemed to apply to(a) cured or preserved meat, or (b) flesh or meat carried through any local area for consumption outside the limits thereof and not stored anywhere within such limits in the course of transit, or
39A. Repealed by the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954).

Panchayat:Repo18/vol2-page0136

2018-01-06T08:16:52Z

Anupriya: '(a) The construction or establishment of any new factory, Workshop or Workplace, or the carrying on of any new offensive t...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(a) The construction or establishment of any new factory, Workshop or Workplace, or the carrying on of any new offensive trade in the areas specified in the notification shall be absolutely prohibited.

(b) In the case of any factory, workshop or workplace in existence at the time when the notification comes into force or of any offensive trade in existence, at Such time, the restrictions, limitations and conditions, if any, specified in the notification, shall be observed in the areas aforesaid.

Explanation.- (1) If work in any factory, workshop, or workplace existing at the time when the notification under Section 89 comes into force or any offensive trade carried on by any person at such time ceases to be carried on for a continuous period of not less than one year, the resumption of work in such factory, workshop or workplace or of such offensive trade as the case may be, shall, unless the Government otherwise order, be deemed to be absolutely prohibited under clause (a).

Explanation.- (2) In the case referred to in Explanation (1), where the period exceeds six months but does not extend to one year, work in the factory, Workshop or Workplace or the offensive trade, as the case may be, shall not be resumed without written permission of the Health Officer unless the Government otherwise order.

93. Extension of Sections 89 to 92 to non-urban local authorities.- The Government may, by notification, direct that the provisions of Sections 89 to 92 shall apply to any non-urban local authority specified in such notification; and thereupon the provisions of those Sections shall apply to such authority as if it were an urban local authority and as if the reference to the commencement of this Act in sub-section (1) of Section 89 were a reference to the date of publication of the notification under this section.

PART II - Control over insanitary buildings

94. New building not to be erected on certain sites.- (1) No person shall erect a new building on any ground which has been filled up with faecal or offensive vegetable or offensive animal matter or upon which any such matter has been deposited, unless and until the Health Officer certifies that such matter has been properly removed by excavation or otherwise, or has become or been rendered innocuous.
(2) Against the refusal of the Health Officer to issue a certificate under sub-section (1), an appeal shall lie to the Government whose decision shall be final.

95. Cleansing of court-yard or passage used in common.- (1) If any Court-yard or passage which is used in common by the occupants of two or more buildings, but is not a public street, is not regularly swept and kept clean and free from rubbish or other accumulation to the satisfaction of the Health Officer, he may cause such court-yard or passage to be swept and cleansed.

(2) The local authority may recover any expenses reasonably incurred by the Health Officer under sub-section (1) from the occupants of the buildings which front or abut on the Court or yard, or to which the passage affords access, in such proportions as may be determined by the Health Officer.
96. Dwelling house unfit for human habitation to be vacated.-- (1) If any dwelling house orportion thereof appears to the Health Officer to be unfit for the purpose of human habitation, he may in cases not falling under Section 46, apply to the local authority to prohibit the use thereof for such purpose, and such authority shall make an order prohibiting the use of Such dwelling house or portion for human habitation until in the opinion of the Health Officer it is rendered fit therefor:

Provided that before making an order under this sub-section, the local authority shall give the owner and the occupier or occupiers, if any, concerned a reasonable opportunity of showing cause why it should not be made.

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Panchayat:Repo18/vol2-page0066

2018-01-06T07:30:02Z

Anupriya:

'''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 20'''

maintenance, and speedy remedy or immediate prevention is, in his opinion desirable, he may, by order, direct the local authority: to take such measures as may be specified therein and the local authority shall take action accordingly.

(2) If the local authority fails or makes default in taking the measures specified in the order issued under sub-section (1) within the time specified therein, the 13Director of Health Services shall report the mater to the Government. Thereupon the Government may authorise Such officer as they deem fit to take such measures and for that purpose to exercise any Specified powers of the local authority; and the expenses incurred by such officer shall be met from the funds of the local authority.

20. Railway administration to submit samples of drinking water for analysis.- In the case of any Railway in the State, the Government may, by general or special order, require the authority administering the Railway to submit for analysis to such person or institution, in Such manner, and at such intervals as may be prescribed, samples of drinking water Supplied by Such authority at any station or stations on such Railway. For such analysis, the authority aforesaid shall pay to the Government such fee as may be prescribed by them.

21. Rules for the protection and periodical examination of water-supply.- The Government shall have power to make rules providing for the protection and periodical examination of sources of water-supply in the State.

22. Health Officer's powers in regard to in sanitary sources.- (1) The Health Officer may, at any time, by notice, require that the owner of, or any person having control over, any lake, stream, spring, well, tank, reservoir, pond or other source of water-supply which is used for drinking, bathing or washing clothes shall, whether the same is private property or not, within a reasonable time to be specified in the notice, or in any case falling under clause (d)
within Such time as may be specified in the notice not being less than three days from the receipt thereof.-

(a) keep and maintain any such source of supply in such manner as the Health Officer may direct; or

(b) cleanse any such source of Water-supply from silt, refuse and vegetation; or

(c) protect any such source of water-supply from pollution by surface drainage in Such manner as the Health Officer may direct; or

(d) fillin, repair, protect or enclose in such manner as the Health Officer may direct any such source of water-supply if for want of sufficient repair,

protection or enclosure, such source of water-supply is, in his opinion, dangerous to the health or safety of the public or of any person having Occasion to use or to pass or approach the same; or

(e) desist from using and from permitting others to use for drinking purposes any such source of water-supply if, in the opinion of the Health Officer, the water is unfit for drinking; or

(f) close any such of water-supply either temporarily or permanently, or fill up, enclose or fence the same in such manner as the Health Officer considers sufficient to prevent the use thereof for drinking purposes, if in his opinion the water is unfit for drinking; or

(g) drain off or otherwise remove from any such source of water-supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto any stagnant water which the Health Officer considers to be either injurious to health or offensive to the neighborhood:

Provided that the provisions of Clauses (a) and (d) shall not apply to a stream:

Provided further that notice shall not be issued under clause (f) unless a notice has first been issued under Clause (e) and the source of water-supply in question continues to be used for drinking purposes notwithstanding the issue of such notice, and the Health Officer considers that such use cannot be prevented otherwise than by the issue of a notice under Clause (f).

(2) If the owner or person having control as aforesaid fails or neglects to comply with any notice issued under sub-section (1) within the time specified therein, the Health Officer may, if immediate action is necessary to protect the health or safety of any person or persons, at once

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'''Sec. 19 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

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 1-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 enguiry, are found to be benefitted 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.
19. Power of 18 Director of Health Services to direct local authority to improve water-supply.- (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 - 11. Substituted for the words "Director of Public Health" by Kerala Decentralisation of Powers Act 2000), Published in Kerala Gazette Extraordinary No. 869 dt. 12-5-2000. 12. Substituted for the words "Director of Public Health" by Kerala Decentralisation of Powers Act, 2000 (Act 16 of 2000), Published in Kerala Gazette Extraordinary No. 869 dt. 12-5-2000. 13. Substituted for the words "Director of Public Health" by Kerala Decentralisation of Powers Act, 2000 (Act 16 of
2000), Published in Kerala Gazette Extraordinary No. 869 dt. 12-5-2000.
2000 (Act 16 of
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'''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 14A'''

114A. Local authority to manage health institutions.-

(1) The local authority shall manage health institutions transferred to it by Government.
(2) No sale, mortgage, lease, pledge, charge or transfer of possession of any land appurtenant to a health institution transferred to a local authority shall be made and such land shall not be used for any purpose other than the purpose for which it was transferred to a local authority.
(3) The Government may issue directions to the local authority on matters relating to health policy, planning for health facilities, standards to be maintained, mode of administration and it shall be the duty of the local authority to carry them out.

<center>CHAPTER III </center>
<center>Water Supply </center>

15. Local authority to provide potable water-
(1) Every local authority may, and if the Government so direct shall, provide or arrange for the provision of a sufficient supply of drinking Water for consumption by the inhabitants of the area within its jurisdiction.
(2) The local authority shall, So far as may be practicable, make adequate provision for securing(a) that the Water-supply is continuous throughout the year, and (b) that the water supplied is at all times whole some and fit for human Consumption.
(3) A local authority may also provide or arrange for the provision of a sufficient supply of water for other domestic purposes or for non domestic purposes.

16. Power of Government to direct local authority to execute water works.-
(1) If, in the opinion of the Government, a local area does not possess a sufficient supply of wholesome water fit for the consumption of its inhabitants, they may direct the local authority Concerned, either singly or in Combination with the local authority or authorities having jurisdiction over any local area or areas in the neighborhood which are similarly situated, to execute, within such time as the Government may fix, such works as may be directed by the Government for providing a sufficient supply of wholesome water fit for human consumption.
(2) A local authority may, with the previous sanction of the Government(a) Construct, lay, or erect filters, reservoirs, engines, Conduits, pipes or other Works within the limits of its area, for supplying such area with water; (b) purchase or take on lease any water-work or any Water, or any right to store or to take or convey Water, either within, or without the limits of its area; and (c) contract with any local authority or to other person or agency for the supply of water.
(3) A local authority may, with the previous sanction of the Government, by public notice, declare any lake, stream, Spring, Well, tank, reservoir, pond or other source of water-supply, whether within or without the limits of its area (other than a source under the control of the Government), from which water is or may be made available for the use of the public in the local area for domestic purposes, to be a Source of public Water-supply for such purposes, and every such source shall thereafter be under the control of the local authority, only to the extent necessary for such purposes.

17. Power of Government to divert Water from water-main belonging to local authority-The Government shall have power to take water from any water-main belonging to or in the Control of a local authority for supplying water to any other area, subject to such payment being made to the local authority Concerned and subject also to such other conditions as the Government may consider reasonable: Provided that, before taking action under this section, tho Govornment shall communicate to the local authority the grounds on which they propose to do so, fix a reasonable period for the local authority to show cause against the proposal and consider its explanations or objections, if any.

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Sec. 14 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 63

(2) For the purpose of Sub-section (1), the Government may appoint any qualified medical practitioner either on an honorary basis or on such salary or allowances or both as the Government may fix.

9. Delegation of powers of Health Officer.- The Government may, by general or special order, authorise any officer of the Government or of a local authority to exercise such of the powers of a Health Officer under this Act in such area and subject to such restrictions, limitations and conditions and to Such Control and revision as may be specified in such order.

10. Appointment of persons to carry out the provisions of this Act.- (1) Notwithstanding anything Contained in this Act or in any other Act or Acts governing the local authority or authorities Concerned, the Government may, by general or special order, appoint any person or persons to Carry Out Such provisions of this Act, in such local areas, as may be specified in the order.

(2) The expenses incurred by such person or persons in doing so shall be met from the funds of the local authority or authorities concerned, if any, either wholly or in part, and, where more than one local authority is concerned, in such proportions as may be determined by the Government.

11. Powers of the Director of Health Services over public health staff of urban local authorities.- (1) Subject to such rules as may be prescribed including rules for consultation with the urban local authorities concerned, the Director of Health Services) shall have power in times of emergency, to assign one or more members of the public health establishment of one urban local authority for temporary duty in the area of another urban local authority.

(2) In the case referred to in sub-section (1), the local authority within whose jurisdiction the member or members of the public health establishment of another local authority are working shall pay for the period of such temporary duty, the salary and allowances of such member or members and Such Contribution towards the leave allowances, pension and provident fund as the Government may, by general or special order, determine.

12. Health Officer's control over public health staff.- (1) The Health Officer in charge of any local area shall exercise Supervision and control over all the members of the public health establishment in such area.

(2)(a) Save as otherwise provided in this Chapter or in any rules or regulations made under it, all transfers and punishments of the members of the public health establishment under the supervision and control of the Health Officer shall be made by the Health Officer, subject to the approval of the executive authority.

(b) If for any reason the executive authority disagrees with the orders of the Health Officer under clause (a), the executive authority shall refer the matter to the Government whose decision shall be final. 13. Local authority to provide adequate facilities to the Health Officer-Every local authority shall provide its Health Officer with such clerical assistance, office accommodation, furniture, equipment, stationery and forms as may be necessary for the proper conduct of the business of such Health Officer.

14. Authorisation of Health Officer to perform the functions of executive authority in public health matters.- Notwithstanding anything contained in the Trivandrum City Municipal Act, or the Travancore District Municipalities Act, 1116 or the Travancore-Cochin Panchayats Act, 1950, or the Cochin Municipal Act, XVIII of 1113, the Health Officer of a local authority shall perform Such of the functions and discharge such of the duties of its executive authority in regard to public health matters undor any of the provisions applicable to such local authority contained in the Acts aforesaid, subject to such appeal and Control as the Government may, by general or special order determine.

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Sec. 2 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT 1955

(a) filth as defined in clause (13); and (b) sewage as defined in clause (35), and (c) dirt, house Sweepings, spittings including chewed betel and tobacco, kitchen or stable refuse, broken glass or pottery, debris, ashes, rags and waste paper;

(30) "Offensive trade" means any trade in which the substances dealt with are or are likely to become a nuisance;

(31) "Owner" includes the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate or for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used;

(32) "Prescribed" means prescribed by the Government by rules made under this Act;

(33) "Private street" means any street, road, square, Court, alley, lane, passage or ridingpath, which is not a "public street", but does not include a pathway made by the owner of premises on his own land to Secure access to or the convenient use of such premises;

(34) "Public street" means any street, road, square, court, alley, lane, passage or ridingpath, whether a thoroughfare or not, Over which the public have a right of way and includes -

(a) the roadway over any public bridge or cause way; (b) the footway attached to any such street, public bridge or causeway; and

(c) the drains attached to any such street, public bridge or cause way and the land whether covered or not by any pavement, verandah or other structure which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Government;

(35) "Sewage” means nightsoil and other contents of latrines, cesspools or drains and includes trade effluents and discharges from manufactories of all kinds;

(36) "Street" means a public or a private street;

(37) "Urban local area" means the area within the jurisdiction of an urban local authority;

(38) "Urban local authority" means a municipality constituted under section 4 of the Kerala Municipality Act, 1994, (20 of 1994);

(39) "Venereal disease" means syphilis, gonorrhoea, soft chancre, venereal granuloma, orlympho-granuloma;

(40) "Water-Course" includes any river, stream or channel, whether natural or artificial, other than a drain;

(41) "Wharf" means a landing place Specially set apart for purposes of loading and unloading goods or entry and exit of passengers;

(42) "Workplace" means any premises including the precincts thereof (not being a factory
or a Workshop), where in is carried on any industrial, manufacturing or trade process, at which not less than five persons are employed for wages or any other remuneration;

(43) "Workshop" means any premises including the precincts thereof (not being a factory wherein any article or part of an article is made, repaired, altered, ornamented, finished or otherwise adapted for use on a Commercial basis and not less than five persons are employed for that purpose for wages or any other remuneration.

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'''THE TRA VANCORE - COCHIN PUBLICHEALTH ACT 1955 Sec. 2'''

(17) "Hut" means any building which is constructed principally of wood, mud, leaves, grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of Whatever material made, which the local authority may declare to be a hut for the purposes of this Act;

(18) "Infectious disease” means an infectious disease as defined in section 50 and includes
a notified disease and defined in section 60, and leprosy as defined in section 79;

(19) "Latrine" includes privy, water-closet and urinal, whether public or private or whether open or flush-out;

(20) "LOcal area" means the area within the jurisdiction of a local authority;

(21) "LOcal authority" means a Panchayat at any level Constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994);

(22) "Lodging house" means a hotel, a boarding house, a choultry, a dharmasala or a resthouse not maintained by the Government or a local authority, an unlicensed emigration depot, or any place where, on payment, casual visitors are received and provided with sleeping accommodating, with or without food, but does not include

(a) a student's hostel under public or recognised control; or (b) a house licensed under section 129 for accommodation of visitors to a fair or festival; ΟΥ

(c) retiring rooms and rest-houses provided by a railway administration and normally used by passengers or railway servants or both; (23) "Magistrate" does not include an Honorary Magistrate;

(24) "Medical Practitioner" means a practitioner registered under the Travancore-Cochin Medical Practitioners Act, 1953 or who has got any medical qualification recognised by the Government;

(25) "Milk" means the milk of a cow, buffalo, goat, ass or other animal and includes cream, skimmed milk, separated milk, and condensed, sterilized or desiccated milk or any other product of milk;

(26) "Notification" means a notification in the Gazette;

(27) "Nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right;

(28) "Occupier” includes(a) any person for the time being paying liable to pay to the owner the rent or any portion
of the rent of the land or building or part of the same in respect of which the word is used or damages on account of the occupation of such land, building or part; and

(b) a rent-free occupant; (29) “Offensive matter" includes -

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'''Sec. 2 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

(i) a shop or place in which milk is sold for consumption on the premises only; or

(ii) a shop or place in which milk is sold or supplied for sale in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or place; (6) "Dairyman" includes any person who sells milk whether wholesale or by retail; (6A) x X x X) (7) “Drain" means a house-drain or a drain of any other description, and includes a sewer,

tunnel, culvert, ditch, channel or any other device for carrying off sewage, offensive matter, polluted Water, rain water, or sub-soil Water;

(8) "Drug" means any substance used as medicine whether for internal or external use, or any substance used in the composition or preparation of such medicine;

(9) "Dwelling House" means a building constructed, used or adapted to be used wholly or principally, for human habitation or in connection therewith;

(10) "Executive Authority" means any functionary of the local authority Concerned, who is vested with general executive powers under the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipality Act, 1994 (20 of 1994) or the local Tahsildar, as the case may be:

“(11) "Executive Officer" means the paid officer, if any, of a local authority who is vested with general executive powers in the area for which such authority is constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipality Act, 1994 (20 of 1994) or any officer subordinate to the local Tahsildar, as the case may be:

(12) "Factory" means any premises, including the precincts thereof, wherein any industrial, manufacturing or trade process is carried on with the aid of steam, Water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency;

(13) "Filth" means(a) nightsoil and other contents of latrines, cess-pools and drains; (b) dung and the refuse or the useless or offensive material thrown out in Consequence of any process of manufacture, industry or trade; and (c) putrid and putrefying substances;

(14) "Food" includes every article consumed or used by man for food, drink or chewing, and all materials used or admixed in the composition or preparation of such article and shall also include flavouring and colouring matter and condiments;

(15) "Health Officer" means the Health Officer, if any, employed by the local authority Concerned and in any other cases the officer appointed or authorised by the Government to exercise the powers and discharge the duties of a Health Officer;

(16) "House-drain" means any drain actually used or intended to be used, for the drainage of one or more premises;

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'''*THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

(Act XVI of 1955)

Amended by Acts 7 of 1980 and 16 of 2000 An Act to make provision for advancing the public health of the State of Travancore-Cochin.

Preamble.- Whereas it is expedient to make provision for advancing the public health of the State of Travancore-Cochin; Be it enacted in the Sixth Year of the Republic of India as follows:-

<center>CHAPTER</center>

<center> Preliminary</center>

1. Short title, extent and commencement.- (1) This Act may be called The TravancoreCochin Public Health Act, 1955. (2) It extends to the whole of the State of Kerala, excluding the Malabar District). (3) It shall come into force on such date as the Government may, by notification in the Gazette appoint.**

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context(1) "Building" includes(a) a house, out-house, stable, latrine, godown, shed, hut, wall (other than a boundary Wall not exceeding eight feet in height) and any other such structure, whether of masonry, bricks,
WOOd, mud, metal or any other material whatsoever, but does not include temporary sheds put up on festive occasions;

(b) a structure on wheels or simply resting on the ground without foundations; and (c) a ship, vessel, boat, tent, van and any other such structure used for human habitation;

(2) "Canal" includes any river, inland navigation, lake or water-way being within or bordering the State, whether it is or is not within the ebb and flow of the tide;

(3) "Canal boat" means any vessel however propelled which is used or capable of being used for the Conveyance of goods or passengers along a canal;

(4) "Cattle” includes elephants, camels, mules, asses, horses, cows, bulls, bullocks, buffaloes, sheep, goats and pigs and the young one of these species;

(5) "Dairy" includes

(a) any farm, cattle-shed, milk-store, milk-shop, or other place from which milk is sold or supplied for sale, or in which milk is kept for sale, or manufactured for sale into butter, ghee, cheese, cream, curds, butter-milk or dried, sterilized or condensed milk, and

(b) in relation to a dairyman who does not OCCupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk, but does not

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Anupriya:

'''*THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

(Act XVI of 1955)

Amended by Acts 7 of 1980 and 16 of 2000 An Act to make provision for advancing the public health of the State of Travancore-Cochin.

Preamble.- Whereas it is expedient to make provision for advancing the public health of the State of Travancore-Cochin; Be it enacted in the Sixth Year of the Republic of India as follows:-

<center>CHAPTER</center>

<center> Preliminary</center>

1. Short title, extent and commencement.- (1) This Act may be called The TravancoreCochin Public Health Act, 1955. (2) It extends to the whole of the State of Kerala, excluding the Malabar District). (3) It shall come into force on such date as the Government may, by notification in the Gazette appoint.**

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context(1) "Building" includes(a) a house, out-house, stable, latrine, godown, shed, hut, wall (other than a boundary Wall not exceeding eight feet in height) and any other such structure, whether of masonry, bricks,
WOOd, mud, metal or any other material whatsoever, but does not include temporary sheds put up on festive occasions;
(b) a structure on wheels or simply resting on the ground without foundations; and (c) a ship, vessel, boat, tent, van and any other such structure used for human habitation;
(2) "Canal" includes any river, inland navigation, lake or water-way being within or bordering the State, whether it is or is not within the ebb and flow of the tide;
(3) "Canal boat" means any vessel however propelled which is used or capable of being used for the Conveyance of goods or passengers along a canal;
(4) "Cattle” includes elephants, camels, mules, asses, horses, cows, bulls, bullocks, buffaloes, sheep, goats and pigs and the young one of these species;
(5) "Dairy" includes
(a) any farm, cattle-shed, milk-store, milk-shop, or other place from which milk is sold or supplied for sale, or in which milk is kept for sale, or manufactured for sale into butter, ghee, cheese, cream, curds, butter-milk or dried, sterilized or condensed milk, and
(b) in relation to a dairyman who does not OCCupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk, but does not
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'''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 112'''

(c) with respect to the taking of precautions when any case of infectious disease occurs in a lodging house, and (d) generally for the well-ordering of the lodging houses. 112. Notice to be affixed outside lodging house.-

(1) The keeper of a lodging house shall, if so required by the executive authority, affix and keep affixed and undefaced and legible, a notice with the Words "registered lodging house" in some conspicuous place on the Outside of the house.

(2) The keeper of a lodging house and every other person having the care or taking part in the management thereof shall at all times allow the executive authority, the Health Officer or any other person authorised by the executive authority or Health Officer in this behalf, to have free access to all parts of the house.

113. Cancellation of registration by court.- When the registered keeper of a lodging house is convicted of any offence under this chapter or under section 62 or a rule or bye-law applicable to him made under this Act, the court by which he is convicted may cancel his registration as a lodging house-keeper and may order that he be disqualified for such period as the Court thinks fit for being again registered as such keeper.

<center>CHAPTER XII
</center>
<center>
Food Control 114</center>
'''
114. Prohibition of sale of unsound food.'''- (1) No person shall

(a) sell, expose or hawk about for sale, or keep, store or prepare for sale, any animal intended for human consumption which is diseased, or the flesh of any animal which has died on account of natural causes; Or

(b) sell, expose or hawk about for sale, or keep, store, manufacture or prepare for sale, any food or drug intended for human consumption which is unfit for such purpose or is unwholesome.

(2) In any prosecution under sub-section (1), the court shall, unless and until the contrary is proved presume(a) that any animal found in the possession of a person who is in the habit of keeping animals of that class for sale for human consumption has been kept by such person for sale; and (b) that any food or drug found in the possession of a person who is in the habit of keeping, storing, manufacturing or preparing such food or drug for sale for human Consumption, has been kept, stored, manufactured or prepared by such person for sale.

''115. Punishment for contravening provisions of Section 114 through others.'''- (1) Any person who does any of the acts, mentioned in sub-section (1) of section 114 or in clauses (a) to (e) of sub-section (1) of section 10 of the Travancore Prevention of Adulteration Act, 1124, or clauses (a) to (d) of sub-section (1) section 4 of the Cochin Prevention of Food Adulteration Act, XIV of 1109 in any area to which the said Acts have been extended, through others employed by him, whether the latter be adults or children, shall be liable to punishment for such act as if he had himself done the same. (2) If a child under seven years of age does any of the acts aforesaid, the employer of the child, or the parent or other persons having the care and custody of the child, as the case may be, shall be liable to punishment for such acts as if he had himself done the same.

'''116. Flesh of dead animal not to be consumed'''.- No person shall knowingly consume the flesh of any animal which has died on account of natural causes; Explanation:-lt shall be no defense to a prosecution under this section that the flesh was consumed as a matter of custom, or as a matter of right on account of services rendered in removing dead cattle, or on any other ground.

'''117. Importing meat into local area.'''- (1) No person shall bring into any local area without the permission in writing of the Health Officer thereof, the flesh of any animal slaughtered outside the local area otherwise than in a slaughter-housemaintained or licensed by the Government or by a local authority.

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'''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 112'''

(c) with respect to the taking of precautions when any case of infectious disease occurs in a lodging house, and (d) generally for the well-ordering of the lodging houses. 112. Notice to be affixed outside lodging house.-

(1) The keeper of a lodging house shall, if so required by the executive authority, affix and keep affixed and undefaced and legible, a notice with the Words "registered lodging house" in some conspicuous place on the Outside of the house.

(2) The keeper of a lodging house and every other person having the care or taking part in the management thereof shall at all times allow the executive authority, the Health Officer or any other person authorised by the executive authority or Health Officer in this behalf, to have free access to all parts of the house.

113. Cancellation of registration by court.- When the registered keeper of a lodging house is convicted of any offence under this chapter or under section 62 or a rule or bye-law applicable to him made under this Act, the court by which he is convicted may cancel his registration as a lodging house-keeper and may order that he be disqualified for such period as the Court thinks fit for being again registered as such keeper.

<center>CHAPTER XII
</center>
<center>
Food Control 114</center>
'''
114. Prohibition of sale of unsound food.'''- (1) No person shall

(a) sell, expose or hawk about for sale, or keep, store or prepare for sale, any animal intended for human consumption which is diseased, or the flesh of any animal which has died on account of natural causes; Or

(b) sell, expose or hawk about for sale, or keep, store, manufacture or prepare for sale, any food or drug intended for human consumption which is unfit for such purpose or is unwholesome.

(2) In any prosecution under sub-section (1), the court shall, unless and until the contrary is proved presume(a) that any animal found in the possession of a person who is in the habit of keeping animals of that class for sale for human consumption has been kept by such person for sale; and (b) that any food or drug found in the possession of a person who is in the habit of keeping, storing, manufacturing or preparing such food or drug for sale for human Consumption, has been kept, stored, manufactured or prepared by such person for sale.
'''
115. Punishment for contravening provisions of Section 114 through others.'''- (1) Any person who does any of the acts, mentioned in sub-section (1) of section 114 or in clauses (a) to (e) of sub-section (1) of section 10 of the Travancore Prevention of Adulteration Act, 1124, or clauses (a) to (d) of sub-section (1) section 4 of the Cochin Prevention of Food Adulteration Act, XIV of 1109 in any area to which the said Acts have been extended, through others employed by him, whether the latter be adults or children, shall be liable to punishment for such act as if he had himself done the same. (2) If a child under seven years of age does any of the acts aforesaid, the employer of the child, or the parent or other persons having the care and custody of the child, as the case may be, shall be liable to punishment for such acts as if he had himself done the same.
'''
116. Flesh of dead animal not to be consumed'''.- No person shall knowingly consume the flesh of any animal which has died on account of natural causes; Explanation:-lt shall be no defense to a prosecution under this section that the flesh was consumed as a matter of custom, or as a matter of right on account of services rendered in removing dead cattle, or on any other ground.

'''117. Importing meat into local area.'''- (1) No person shall bring into any local area without the permission in writing of the Health Officer thereof, the flesh of any animal slaughtered outside the local area otherwise than in a slaughter-housemaintained or licensed by the Government or by a local authority.

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'''Sec. 121 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

(2) Any flesh brought into the local area in contravention of sub-section (1) may be seized by the Health Officer or any officer or servant of the local authority authorised by him in that behalf, and sold or otherwise disposed of as the Health Officer may direct; and in case of sale, the sale proceeds shall be credited to the funds of the local authority.

(3) Nothing in this section shall be deemed to apply to(a) cured or preserved meat; or
(b) flesh or meat carried through any local area for consumption outside the limits thereof and not stored anywhere within such limits in the course of transit; or

(c) flesh or meat brought into the local area by any person for immediate domestic consumption and not for sale:
Provided that the local authority may, by public notice, direct that the provisions of this section shall apply to cured or preserved meat of any specified description or brought from any specified place. 118. Power of Health Officer to enter premises used for food trade.- The Health Officer may, without notice, enter any place at any time by day or by night where any article of food is being manufactured, prepared, exposed or stored for sale, and inspect such article and any utensil or vessel used for manufacturing, preparing or containing the same.

119. Powers of Health Officer to deal with carriers of disease-handling food- (1) The Health Officer may, at any time, examine or cause to be examined any person engaged in selling or in manufacturing or preparing for sale or in any manner whatsoever handling any article of food intended for sale.
(2) If on such examination the Health Officer finds that such person is suffering from or harbouring the germs of any infectious disease, such person shall not take part in selling any article of food or in manufacturing, preparing or in any manner handling any article of food intended for sale, until the Health Officer certifies in writing that he is free from infection from such disease or from disease producing germs.

120. Investigation of diseases caused by milk or dairy produce.- (1) If the Health Officer has reason to believe
(a) that any person within the local area over which he has jurisdiction is suffering from an infectious disease attributable to milk or dairy produce supplied within such area; or

(b) that the consumption of any milk or dairy produce supplied within such local area is likely to cause any person therein to suffer from an infectious disease, the Health Officer may require the person supplying the milk or dairy produce to furnish within such time as may be fixed by the Health Officer a complete list of all dairies (whether situated within or Outside the limits of such area) from which that person's supply of milk or dairy produce is derived or has been derived during the six weeks immediately preceding.

(2) If such supply or any part of such supply is obtained not directly from a dairy but through some other person, the Health Officer may make a similar requisition upon such other person.

(3) Every person on whom any requisition is made under sub-section (1) or sub-section (2) shall be bound to comply therewith.
121. Inspection of dairy by Health Officer.- (1) The Health Officer may inspect any dairy referred to in section 120, and the milch cattle and the employees therein, and if, on such inspection, the Health Officer is of opinion that any infectious disease is caused or is likely to be caused by the Consumption of the milk or dairy produce supplied from such dairy he may make an order prohibiting the supply of any milk or dairy produce for human consumption from such dairy.

(2) An order made under sub-section (1) shall be forthwith cancelled by the Health Officer on

his being satisfied that the milk supply has been changed, or that the employees objected to by him have ceased to work at the dairy or that the cause of infection has been removed.

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THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 122

(3) if an order made under sub-section (1) or cancelled under sub-section (2) relates to a dairy situated outside the limits of the local area, the Health Officer shall also inform the local authority within whose jurisdiction the dairy is situated. (4) When an order is made under sub-section (1), the Health Officer may either(a) permit the milk or other produce of the dairy after being boiled or treated in such other manner as he may direct, to be sold or used as animal food, subject to any reasonable restrictions he may impose, or (b) cause such milk or dairy produce to be destroyed. (5) No person shall sell or supply any milk or daily produce in Contravention of the provisions of this section.

<center> CHAPTER XII </center>
<center>Fairs and Festivals</center>

122. Notification of fairs and festivals by Government.- (1) The Government may, by notification(a) declare that any local area or part of a local area in which a fair or festival is to be held shall, for the purposes of this chapter be a notified fair or festival centre, for such period as may be specified in the notification; and (b) define the limits of the area which shall, for the purpose aforesaid, be the site for the fair or festival. (2) The provisions of this Chapter shall apply only to fairs and festivals in connection with which a notification under sub-section (1) has been issued.

""123 Notice to be given of fair or festival'''.- (

1) The person or authority in 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 is held or if it is held within the jurisdiction or 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 resorting to the fair or festivals;

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'''Sec. 127 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

(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 in case no Health Officer is so designated, under the supervision and control of the Health Officers concerned within their respective local area.S.

''' 126. Power to enter and seize unwholesome 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 has reason to believe is unwholesome or unfit for human consumption, and destroy the same forth with, 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 from whom it was seized; and the cost, if any, of analysing the food or a sample there of shall be borne by the local authorities concerned.

127. Occupation of building, etc., required in connection with fair 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, is required and is suitable for any purposes connected with the fair or festival such as the construction of pilgrimsheds, 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 shall be fixed by the Collector.

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'''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 128'''

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

128. Control over private sources of water-supply.-

(1) The Health Officer may, by notice in writing, require the owner of, or other person having control over, any source of watersupply 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. Licensing 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 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 licence 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 fulfillment of such condition, as he may specify.

130. Extension of provisions of Chapter to certain areas.- The Government may, by notification and subject to such modifications, if any, as may be specified therein, extend all or any of the foregoing provisions of this Chapter or any other provision in this Act connected therewith to any local area or part of a local area in which a large number of persons attending a fair or festival held in a notified fair or festival centre halt, or are expected to halt on their way to, or return from, such centre.

CHAPTER XIV Canal Boats
131. Infectious disease in canal boats- Where any local authority, within whose local area a canal or any part of a canal is situate, is informed that a person on board a canal boat is suffering from an infectious disease, such authority shall cause such steps to be taken as may be
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'''Sec. 137 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

necessary for preventing the said disease from Spreading and for that purpose may exercise the power of removing a person suffering as aforesaid and all other powers in relation to provisions against infection conferred by this Act and may also, if need be, detain the boat, but such boat shall not be detained for a longer time than is necessary for cleansing and disinfecting the same which in no case shall exceed forty-eight hours.

132. Inspection of canal boats.-

(1) Where an executive authority within whose local area a canal or part of a canal is situate has reasonable cause to suppose that there is on board a canal boat any person Suffering from an infectious disease, such authority may enter Such canal boat and examine the same and every part thereof in order to ascertain whether on board such boat there is a person suffering from an infectious disease and may, if need, be detain the boat for the purpose but for no longer time than is necessary.

(2) The person in charge of such a canal boat shall, if so required by the executive authority, produce to such authority the certificate of registration of the boat and permit such authority to examine and copy the same and shall furnish such authority with such assistance and means as such authority may require for the purpose of his entry into and examination of and departure from the boat. (3) Any person who refuses to comply with the requisition of the executive authority under this section shall be punishable with imprisonment for six months or with fine not exceeding one hundred rupees or with both.

133. Powers of "Director of Health Services)- The powers exercisable by the executive authority under this chapter shall also be exercisable by the *Director of Health Services) or any other officer specially authorised by him in Writing in this behalf. CHAPTER XV Medical Inspection and Treatment of School Children

134. Medical Inspection of Schools.- The Government may make rules for ensuring the medical inspection and treatment of all school children, and prescribe the duties of local authorities in regard to such work. CHAPTER XVI Finance

135. Earmarking of revenue by local authorities for expenditure on public healthEvery Municipality shall earmark not less than 30 per cent of its income from all sources other than grants made by the Government for expenditure on the advancement of public health in its local area including expenditure or medical relief, and every Panchayat shall similarly earmark not less than 12% per cent of its income from such sources:
Provided that the Government may, for financial or other reasons, vary the provisions of this
section to such extent as they may think fit in the case of any local authority. CHAPTER XVII Rules, Bye-laws, Penalties, etc.

136. Power of Government to make rules.- The Government shall in addition to the rule making powers conferred on them by any other provision contained in this Act have power to make rules generally to carry out the purposes of this Act.

137. Penalty for breach of rules.- (1) In making a rule under section 86, the Government

may provide that a breach of such rule shall be punishable with imprisonment which may extend to three months or with fine which may extend to one hundred rupcos or with both.
(2) In making a rule under any other provision contained in this Act, the Government may provide that a breach of such rule shall be punishable

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'''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 138'''

(i) with fine which may extend to one hundred rupees, and in case of a continuing breach, with fine which may extend to thirty rupees for every day during which the breach continues after conviction for the first breach; or

(ii) with fine which may extend to twenty rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.

'''
138. Procedure for making and the effect of rules'''.- (1) The power to make rules under

this Act shall be subject to the following conditions:-

(a) A draft of the rules shall be published in the Gazette.

(b) Such draft shall not be further proceeded with until six weeks after such publication or until such later date as the Government may appoint.

(2) All rules made under this Act shall be published in the Gazette and upon such publication shall have effect as if enacted in this Act.

139. Bye-laws by local authorities.- Any local authority may make bye-laws not inconsistent with this Act or the rules made thereunder or with any other law, for carrying out all or any of the purposes of this Act.

140. Breach of bye-laws.- In making a bye-law, the local authority may provide that a breach thereof shall be punishable

(a) with fine which may extend to fifty rupees, and in case of a continuing breach, with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or

(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.

2141. Procedure for making or altering bye-laws.- In regard to bye-laws made by a local authority under Sections 139 and 140, the following provisions shall apply, namely:-

(a) in case the local authority is the Corporation of Trivandrum, sections 369, 370, 372 and 374 of the Trivandrum City Municipal Act;

(b) in case the local authority is a Municipality constituted under the Travancore District Municipalities Act, 1116, sections 329, 330 and 332 of that Act;

(c) in case the local authority is a Municipality constituted under the Cochin Municipal Act, XVIII of 1113, sections 318, 319 and 320 of that Act; and

(d) in case the local authority is a Panchayat constituted under the Travancore-Cochin Panchayats Act, 1950, sections 101 and 102 of that Act.

142. Penalties for offences against Act, etc.- (1) Whoever

(a) contravenes any of the provisions of this Act specified in the first and the second Columns of Schedule I; or

(b) Contravenes any rule or order made under any of the provisions so specified; or

(c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him, under or in pursuance of any of the said provisions, shall be punished with fine which may extend to the amount mentioned in that behalf in the fourth Column of the said Schedule.

(2) Whoever after having been convicted of -

(a) contravening any of the provisions of this Act specified in the first and second columns of Schedule II; or

(b) contravening any rule or order made under any of the provisions so specified; or

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'''Sec. 148 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955'''

(c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said provisions continues to contravene the said provision or the said rule or order, or continues to fail to comply with the said direction or requisition, shall be punished for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.

(3) Whoever after having been convicted of contravening the provisions of sub-section (1) of section 114 continues to contravene the said provisions shall be punished with simple imprisonment for a term which may extend to one Week.

Explanation:- The entries in the third column of Schedules I and Il headed "subject" are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof, or even as abstracts of those provisions, but are inserted merely as references to the subject dealt with therein.

'''143. Penalty for preventing entry of executive authority or Health Officer'''.- Every person who prevents the executive authority or the Health Officer or any person to whom the executive authority or the Health Officer has lawfully delegated his powers of entering on or into any land or building from exercising his lawful power of entering thereon or thereinto, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

'''MISCELLANEOUS'''

144. '''Propaganda by local authority'''.- Every local authority shall carry out intensive and extensive propaganda for the advancement of public health.

145. Appeal against decision of Health Officer.- Any decision of the Health Officer against which an appeal is not otherwise provided for in this Act shall be subject to such appeal as may be prescribed. 146. Method of serving notice.- (1) When any notice is required to be given by this Act or by any rule, bye-law, regulation or order made under it, such notice shall be in Writing and shall be given(a) by giving or tendering the notice to such person; or (b) if such person is not found, by leaving such notice at his last known place of abode or business or by giving or tendering the same to some adult member of his family; or

. (c) if such person does not reside in the local area and his address elsewhere is known to the executive authority by sending the same to him by registered post; or

. . (d) if none of the means aforesaid be available, by affixing the same in Some conspicuous part of such place of abode or business.

(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice, and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners or occupiers.

'''
147. Cognizance of offences against the Act'''.-No person shall be tried for any offence against the provisions of this Act, or of any rule, or bye-law made under it unless complaint is made within three months of the commission of the offence by the police, or the executive authority
or the Health Officer, or by a person expressly authorised in this behalf by the local authority, the
executive authority or the Health Officer.

Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1898 in regard to the power of certain Magistrates to take Cognizance of
offences upon information received or upon their own knowledge Or suspicion. 1

48. '''Power to compound offences'''.- The executive authority or the Health Officer may
compound any offence against this Act or the rules or bye-laws made thereunder which may, by
rules made by the Government, be declared compoundable.
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THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 149

The power to compound any offence so declared may also be exercised by such other authority or person as may be authorised in that behalf by rules made by the Government.

149. '''Powers of police officers to arrest offenders against Act, etc'''.- Any police officer who sees a person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, may arrest such person, if his name and address are unknown to the officer and such person on demand declines to give his name and address or gives a name and address which the officer has reason to believe to be false.

'''150. Powers of executive officer and public health staff to arrest offenders against Act, etc.-'''

(1) The executive officer of a local authority or any member of the public health establishment of a local authority not below the rank of Health or Sanitary Inspector, who sees a person committing any of the offences specified in sub-section

(2) in the area over which such officer or member has jurisdiction may arrest such person, if his name and address are unknown to the executive officer or member aforesaid and such person on demand declines to give his name and address or gives a name and address which such officer or member has reason to believe to be false. 26(2) The offences referred to in sub-section (1) are

(a) offences against any of the provisions of this Act or of any rule or bye-law made thereunder; and

(b) offences falling under any of the provisions of the Acts mentioned below, if such provisions are in force in the area over which the local authority has jurisdiction;

(i) Chapters VII to XIII, both inclusive, of the Trivandrum District Municipal Act, read With section 375 of that Act and Schedules V and VI thereto.

(ii) Chapters VII to XIII, both inclusive, of the Travancore District Municipalities Act, 1116, read with section 334 of that Act and Schedules V and VI thereto;

(iii) Chapters VII to XIII, both inclusive, of the Cochin Municipal Act, XVIII of 1113, read with section 321 of that Act and Schedules VII and VIII thereto; and

iv) section 10 of the Travancore Prevention of Adulteration Act, 1124 or section 4 of the Cochin Prevention of Food Adulteration Act, XVI of 1109.]

'''151. Persons arrested not to be detained unnecessarily'''.- No person arrested under section 149 or section 150 shall be detained in custody

(a) after his true name and address have been ascertained; or

(b) for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of the special order of a Magistrate, whether having jurisdiction to try the case or not exceed twenty four hours, exclusive of the time necessary for the journey of such person to the Court having jurisdiction to try the case.

152. Bar of suits and prosecutions in certain cases.-

(1) No suit, prosecution or other proceeding shall lie against any local authority or any executive authority of a local authority or against the Government or any officer or servant of a local authority or of the Government or against any person appointed under section 10 of this Act, for any act done or purporting to be done under this Act without the previous sanction of the Government.

(2) No local authority or executive authority of a local authority, nO officer or servant of any local authority or of the Government and no person appointed under section 10 of this Act, shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith
in the course of the execution of duties or the discharge of functions imposed by or under this Act.

153. Punishment for malicious abuse of powers.-

(1) Any executive authority of a local authority or any officer or servant of a local authority or of the Government, or any person

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'''Sec. 157 THE TRA VANCORE - COCHIN PUBLICHEALTH ACT 1955'''

appointed under section 10 of this Act, who maliciously abuses any powers conferred on him by or under this Act, shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.

(2) No prosecution shall be instituted under this section without the previous sanction of the Government.
'''
154. Delegation of powers by Government.'''- The Government may, by notification and subject to any restrictions, limitations and conditions specified therein, authorise any person to exercise any one or more of the powers wested in them by this Act and may in like manner withdraw such authority:

Provided that nothing Contained in this section shall apply to any power of the Government to make rules under this Act or to their powers under sections 6 (2), 135 and 161.

(154А.— x x x)

155. '''Establishment and constitution of the Public Health Board'''- (1) As soon as may
be after the commencement of this Act, the Government shall, by notification in the Gazette, establish a Public Health Board.

(2) The Public Health Board shall consist of the following members:-

(a) the Director of Health Services), the Surgeon-General, the Director of Indigenous
Medicine, the Superintendent, Public Health Laboratory and the Superintendent of the Avittom Thirunal Women and Children Hospital, Trivandrum, to be ex-officio members;

(b) three members elected by the Legislative Assembly from among themselves;

(c) one member elected by the members of the Council of the Corporation of Trivandrum from among themselves;

(d) two members elected by the members of the Municipal Councils in the State from among themselves; and

(e) four members, one from each Revenue District elected by the Presidents of Panchayats of that District from among themselves.

(3) The Director of Health Services) shall be the President of the Board and the District Health Officer, Trivandrum its Secretary.

(4) If any of the members mentioned in clauses (b), (c), (d) or (e) of sub-section (2) is not elected, the Government may nominate such person as they may deem fit; and the person so nominated shall for the purposes of this Act be deemed to have been duly elected under clauses (b), (c), (d) or (e) of sub-section (2) as the case may be.

(5) The Government may, by notification in the Gazette, make rules with reference to the
election of members including election petitions and deposits to be made by the candidates standing for election as members and the conditions under which such deposits may be forfeited.

156. Term of Office of elected members.-

(1) Save as otherwise provided, the term of office of the members other than the ex-officio members shall be for a period of three years commencing from the date on which the first meeting of the Board is held.

(2) An out-going member shall continue in office until the election of his successor and shall
be eligible for re-election.

157. Cessation of membership in the Board.- A member of the Board other than an exofficio member shall cease to hold office

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== Rule 1 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 ==

(2) Permitting person known to suffer from leprosy Ten rupees
to attend School or take books or newspapers
from public library, etc.

89 (1) Failure to comply with notice requiring steps Ten rupees

be taken against the breeding of mosquitoes

98 (a) Construction of factories, workshops, etc., in One hundred rupees
residential areas

(b) Failure of factories, workshops, etc., to comply Fifty rupees
with restrictions imposed

102 2&3 Failure to cease to inhabit a dwelling house Twenty rupees
declared unfit for human habitation; or permitting
it to be let or occupied as dwelling house

103 - - - Constructing back-to-back houses without Ten rupees
permission
105 (a) Failure to maintain a tenement in a habitable Ten rupees
Condition
(b) Causing or permitting a tenement to be Ten rupees
over-crowded

107 Keeping a lodging house or receiving a lodger Twenty rupees
without registration

112 (1) Failure to affix notice Two rupees
(2) Refusal to allow free access to the executive Ten rupees
authority, etc., to all parts of the lodging house

115 Selling, etc., unsound meat or food through others Twenty rupees

119 (2) Infected person carrying on trade, etc., in articles Twenty rupees
of food

121 (5) Failure to comply with the order prohibiting the Twenty rupees
supply of milk or diary produce
128 Failure to comply with notice to close or Twenty-fiverupees
disinfect source of water supply
129 (1) & (3) Accommodating visitors without licence or Ten rupees
infringing conditions of licence

== *RULES UNDER T.C. PUBLIC HEALTH ACT, 1955 ==

Rules For Waccination in Rural Areas Under Section 86
In exercise of the powers conferred by Section 86 of the Travancore-Cochin Public Health Act, 1955 (Act XVI of 1955), the Government of Kerala hereby make the following Rules, the same having been previously published as required by Section 138 (1) of the said Act.
1. Definitions.- In these Rules, unless the context otherwise requires,-

(i) "Parent" means the father or mother of a legitimate child and the mother of an illegitimate child.

(ii) "Guardian" means any person to whom the care, nurture or custody of any child falls by law or by natural right or recognised usage, or who has accepted or assumed the care, nurture or custody of any child or to whom the care, nurture or custody of any child has been entrusted by
any authority lawfully authorised in that behalf. (iii) “Vaccinator" means any Health Assistant appointed by the Government to perform the

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106 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Rule 2

operation of vaccination or any Medical Officer appointed by the Government or a private Medical Practitioner possessing the qualifications not below the rank of an Assistant Surgeon.

(iv) "Child" means a boy or girl who has not attained the age of eighteen years.

(v) "Unprotected child" means a child who has not been protected from smallpox by having had that disease naturally or by having been successfully vaccinated or re-vaccinated within seven
years immediately preceding.

(vi) "Unprotected person" means a person who has no visible marks of Small pox or is unable to produce satisfactory evidence of successful vaccination or re-vaccination carried out within seven years immediately preceding.

(vii) “Vaccination Depot" includes a place or building where vaccination is performed free of charge by direction of the Director of Health Services).

(viii) “Person" means a male or female who has attained the age of 18 years.

(ix) “Inspecting Officer" means the Health Inspector appointed by the Government or the Joint District Medical Officer of Health or "Health Officer" notified under the Travancore-Cochin Public Health Act, 1955 or any person authorised by Government to inspect vaccinations performed by a Vaccinator.

(x) "Local Area" means a Panchayat area.

2. (i) The parent or guardian of an unprotected child who is not less than three months old and who has resided for one month within the limits of a Local Area shall take or cause the child to be taken to a Vaccination Depot for vaccination or re-vaccination as the case may be or shall procure such vaccination or re-vaccination by a Vaccinator.

(ii) Any unprotected person who has resided for one month within the limits of a Local Area shall get himself vaccinated or re-vaccinated as the case may be at a Vaccination Depot or by a Vaccinator.

(iii) Notice may be issued in Form No. 1 to unprotected person or guardians of such children to get themselves vaccinated.

3. The Health Officer or Executive Authority or any person duly authorised by any of them, may if any portion of the Local Area is threatened or infected with smallpox, direct every person or child in the said area who has no visible mark of smallpox or is unable to produce satisfactory evidence of successful vaccination or re-vaccination carried out within four years, to be vaccinated forthWith.

4 () if a Vaccinator finds that an unprotected person or child is not in a fit state of health to be vaccinated, he shall deliver to such person or the parent or guardian of such child as the case may be, a certificate in Form No. II to the effect that the person or child is not then in a fit state for vaccination. Such certificate shall remain in force for the period specified therein not exceeding three months but may be renewed if necessary. The reason for the unfitness shall be specified in the certificate.

(ii) If a Vaccinator finds that an unprotected person or child is in a state of health fit for vaccination he shall forthwith vaccinate such person or child and deliver to such person or the parent or guardian of such child as the case may be, a memorandum stating the date on which the vaccination was performed and specifying the date on which and the time and place at which the person or child should be present or be produced, as the case may be, for inspection.

5. () On the date and the time and place notified as aforesaid the person or child vaccinated shall be present or be produced as the case may be, for inspection.

(ii) If the inspecting officer finds that the vaccination has been successful he shall give to

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Rule 11 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 107

such person or the parent or guardian of such child as the case may be, a certificate to that effect in Form NO. III. (iii) In the event of the vaccination being unsuccessful the inspecting officer may if he thinks fit, direct that the unprotected person or child shall forthwith be again vaccinated and subsequently inspected as provided in sub-rule (i) of this Rule.

6. When an unprotected person or child is vaccinated by a Vaccinator not employed by the Government or by the Local Authority, such person or the parent or guardian of that child as the case may be, shall forward within fifteen days of the date of vaccination a certificate of successful vaccination from such Vaccinator to the Health Officer or to such person as may be authorised by the Health Officer in that behalf.

7. The Executive Authority or the Health Officer may cancel any certificate given under these rules if it is proved to his satisfaction that such certificate has been improperly given or obtained on behalf of any unprotected person or child and thereupon such certificate shall cease to be valid and notice of such cancellation shall forthwith be given to such unprotected person or the parent or guardian of such unprotected child as the case may be.

8. No fee or remuneration shall be accepted by a Vaccinator employed by the Government for any vaccination performed or certificate given under these rules. If any unprotected person or the parent or guardian of any unprotected child is desirous that vaccination should be done at the residence of such person or child the Health Officer may upon application by such person or such parent or guardian as the case may be and upon payment of such fee as the local authority may fix, direct a vaccinator to perform vaccination at such residence.

9. () if the Health Officer or any person authorised by him in this behalf has reasons to believe that there is an unprotected person or child in any house he may call upon or issue notice in Form IV to— (a) such person to be present for inspection between the hours of 6 a.m. and 6 p.m. and to state his age, parentage, place of birth and duration of his residence in the area; (b) The parent or guardian of any such child in the house under his care to produce the child for inspection between the hours of 6 a.m. and 6 p.m. and to state the age, parentage, place of birth and duration of residence of the child in the area. (ii) The Health Officer, the Executive Authority or any other person authorised by him under sub-rule () of this Rule shall,- (a) if he is aware of the existence of any person or child who is unprotected and is fit for vaccination, or (b) if on a requisition under sub-rule (i) any person refuses to be present or any parent or guardian refuses to produce any child under his care for inspections, or (c) if after inspection it is proved to his satisfaction that any person or child is unprotected and is fit for vaccination, or (d) if he is acting in pursuance of the powers vested in him under Rule 3 deliver to such person or the parent or guardian of such child or cause to be affixed to the house of such person or such parent or guardian, a notice in Form No. 1 requiring the person or child as the case may be to be vaccinated within 72 hours at a time and place to be specified in the said notice. The person or the parent or guardian to whom such notice is delivered or at whose house it is affixed shall be bound to comply with it unless a certificate is produced from a Vaccinator to the effect that such person or child has either been successfully vaccinated already or is unfit for vaccination.

10. The provisions contained in Rules IV to VIII shall sofar as may be, apply to re-vaccination
of an unprotected person or child. Re-vaccination shall be performed five years after a primary vaccination (within three months period) and thereafter at intervals of seven years (within three months.)

11. Whoever commits a breach of any of these rules shall be punishable with imprisonment

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''' 108 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 ''' '''FORM - I'''

which may extend to three months or with fine which may extend to one hundred rupees or with both.

FORM No.I
Notice for Vaccination
[See Rule 2 (iii)]
Sri ...--------- (Name)........ . . . . . . . . . . . . . . . . . . . . residing in .............. House ...................... Kara ..... Pakuthy .................... Taluk ................... District ......................... is hereby informed that he/his son/daughter............................... aged ..................................... (in the case of minor children) ........................................................ shall appear/be produced for inspection and shall be subject to vaccination/re-vaccination for protection against Smallpox On..................- (date) at .................... (time)................... at ............................... (place) failing which he shall be liable for punishment under the rules.

Station............................ Signature..................................
Date.................................. Designation...............................

FORM NO. II

Certificate of Postponement of Vaccination

See Rule 4 (i))

The child"/person.................... aged...................... residing at.................................. is not in a fit state for vaccination for a period of............. months on account of ..............

Station.............................. Signature..................................
Date.................................. Designation...............................

"Note:- In the case of child, note name of parent or guardian of the child.

FORM NO. III

Vaccination Certificate

[See Rule 5 (ii))

It is hereby certified that child/person ........................ aged ......... residing at............. has been ............. vaccinated/re-vaccinated on........................ and bears ................... marks.

Station.............................. Signature..................
Date.................................. Designation...............

"In the case of child, name of parent or guardian of the child.

FORM No. IV

Notice for Inspection

See Rule 9 (i)

As it is known and there is every reason to believe that you/your son/your daughter ........................... aged ........................... residing...................... in........................... (Ward) - - - - - - - - - - - Kara .................. Pakuthy .............. Taluk .....................require/requires protection from smallpox, you are therefore requested to produces to be present, in the house for inspection during my visit at................ hour on.................... date................ you will furnish Such necessary information as to age, parentage, place of birth and the duration of the residence in the area etc., relating to you/your child.

You will be subject to prosecution under the rules in case you fail to comply with the notice.

Station.............................. Signature....................................
Date.................................. Designation............. . . . . . . . . . . . . . . .
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Anupriya: '108 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 FORM - I which may extend to three months or with fine which may exten...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

108 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 FORM - I
which may extend to three months or with fine which may extend to one hundred rupees or with both. FORM No. Notice for Vaccination
[See Rule 2 (iii)]
Sri ...--------- (Name)........ . . . . . . . . . . . . . . . . . . . . residing in .............. House ...................... Kara ..... Pakuthy .................... Taluk ................... District ......................... is hereby informed that he/his son/daughter............................... aged ..................................... (in the case of minor children) ........................................................ shall appear/be produced for inspection and shall be subject to vaccination/re-vaccination for protection against Smallpox On..................- (date) at .................... (time)................... at ............................... (place) failing which he shall be liable for punishment under the rules.
Station............................ Signature..................................
Date.................................. Designation...............................
FORM NO. II Certificate of Postponement of Vaccination See Rule 4 (i))
The child"/person.................... aged...................... residing at.................................. is not in a fit state for vaccination for a period of............. months on account of ..............
Station.............................. Signature..................................
Date.................................. Designation...............................
"Note:- In the case of child, note name of parent or guardian of the child.
FORM NO. III Vaccination Certificate [See Rule 5 (ii))
It is hereby certified that child/person ........................ aged ......... residing at............. has been ............. vaccinated/re-vaccinated on........................ and bears ................... marks.
Station.............................. Signature..................
Date.................................. Designation...............
"In the case of child, name of parent or guardian of the child.
FORM No. IV Notice for Inspection See Rule 9 (i)) As it is known and there is every reason to believe that you/your son/your daughter SS S S S S S S S SS SS SS SS SS S S S S S S S S S S S S S SS SS SS SS aged ........................... residing...................... in........................... (Ward) - - - - - - - - - - - Kara .................. Pakuthy .............. Taluk .....................require/requires protection from smallpox, you are therefore requested to produces to be present, in the house for inspection during my visit at................ hour on.................... date................ you will furnish Such necessary information as to age, parentage, place of birth and the duration of the residence in the area etc., relating to you/your child. You will be subject to prosecution under the rules in case you fail to comply with the notice. Station.............................. Signature....................................
Date.................................. Designation............. . . . . . . . . . . . . . . . . . . . .
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Anupriya: 'Rule 11 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 107 such person or the parent or guardian of such child as the cas...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Rule 11 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 107
such person or the parent or guardian of such child as the case may be, a certificate to that effect in Form NO. III. (iii) In the event of the vaccination being unsuccessful the inspecting officer may if he thinks fit, direct that the unprotected person or child shall forthwith be again vaccinated and subsequently inspected as provided in sub-rule (i) of this Rule. 6. When an unprotected person or child is vaccinated by a Vaccinator not employed by the Government or by the Local Authority, such person or the parent or guardian of that child as the case may be, shall forward within fifteen days of the date of vaccination a certificate of successful vaccination from such Vaccinator to the Health Officer or to such person as may be authorised by the Health Officer in that behalf.
7. The Executive Authority or the Health Officer may cancel any certificate given under these rules if it is proved to his satisfaction that such certificate has been improperly given or obtained on behalf of any unprotected person or child and thereupon such certificate shall cease to be valid and notice of such cancellation shall forthwith be given to such unprotected person or the parent or guardian of such unprotected child as the case may be.
8. No fee or remuneration shall be accepted by a Vaccinator employed by the Government for any vaccination performed or certificate given under these rules. If any unprotected person or the parent or guardian of any unprotected child is desirous that vaccination should be done at the residence of such person or child the Health Officer may upon application by such person or such parent or guardian as the case may be and upon payment of such fee as the local authority may fix, direct a vaccinator to perform vaccination at such residence.
9. () if the Health Officer or any person authorised by him in this behalf has reasons to believe that there is an unprotected person or child in any house he may call upon or issue notice in Form IV to— (a) such person to be present for inspection between the hours of 6 a.m. and 6 p.m. and to state his age, parentage, place of birth and duration of his residence in the area; (b) The parent or guardian of any such child in the house under his care to produce the child for inspection between the hours of 6 a.m. and 6 p.m. and to state the age, parentage, place of birth and duration of residence of the child in the area. (ii) The Health Officer, the Executive Authority or any other person authorised by him under sub-rule () of this Rule shall,- (a) if he is aware of the existence of any person or child who is unprotected and is fit for vaccination, or (b) if on a requisition under sub-rule (i) any person refuses to be present or any parent or guardian refuses to produce any child under his care for inspections, or (c) if after inspection it is proved to his satisfaction that any person or child is unprotected and is fit for vaccination, or (d) if he is acting in pursuance of the powers vested in him under Rule 3 deliver to such person or the parent or guardian of such child or cause to be affixed to the house of such person or such parent or guardian, a notice in Form No. 1 requiring the person or child as the case may be to be vaccinated within 72 hours at a time and place to be specified in the said notice. The person or the parent or guardian to whom such notice is delivered or at whose house it is affixed shall be bound to comply with it unless a certificate is produced from a Vaccinator to the effect that such person or child has either been successfully vaccinated already or is unfit for vaccination. 10. The provisions contained in Rules IV to VIII shall sofar as may be, apply to re-vaccination
of an unprotected person or child. Re-vaccination shall be performed five years after a primary vaccination (within three months period) and thereafter at intervals of seven years (within three
months.) 11. Whoever commits a breach of any of these rules shall be punishable with imprisonment
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106 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Rule 2
operation of vaccination or any Medical Officer appointed by the Government or a private Medical Practitioner possessing the qualifications not below the rank of an Assistant Surgeon.
(iv) "Child" means a boy or girl who has not attained the age of eighteen years.
(v) "Unprotected child" means a child who has not been protected from smallpox by having had that disease naturally or by having been successfully vaccinated or re-vaccinated within seven
years immediately preceding.
(vi) "Unprotected person" means a person who has no visible marks of Small pox or is unable to produce satisfactory evidence of successful vaccination or re-vaccination carried out within seven years immediately preceding.
(vii) “Vaccination Depot" includes a place or building where vaccination is performed free of charge by direction of the Director of Health Services).
(viii) “Person" means a male or female who has attained the age of 18 years.
(ix) “Inspecting Officer" means the Health Inspector appointed by the Government or the Joint District Medical Officer of Health or "Health Officer" notified under the Travancore-Cochin Public Health Act, 1955 or any person authorised by Government to inspect vaccinations performed by a Vaccinator.
(x) "Local Area" means a Panchayat area.
2. (i) The parent or guardian of an unprotected child who is not less than three months old and who has resided for one month within the limits of a Local Area shall take or cause the child to be taken to a Vaccination Depot for vaccination or re-vaccination as the case may be or shall procure such vaccination or re-vaccination by a Vaccinator.
(ii) Any unprotected person who has resided for one month within the limits of a Local Area shall get himself vaccinated or re-vaccinated as the case may be at a Vaccination Depot or by a Vaccinator.
(iii) Notice may be issued in Form No. 1 to unprotected person or guardians of such children to get themselves vaccinated.
3. The Health Officer or Executive Authority or any person duly authorised by any of them, may if any portion of the Local Area is threatened or infected with smallpox, direct every person or child in the said area who has no visible mark of smallpox or is unable to produce satisfactory evidence of successful vaccination or re-vaccination carried out within four years, to be vaccinated forthWith.
4 () if a Vaccinator finds that an unprotected person or child is not in a fit state of health to be vaccinated, he shall deliver to such person or the parent or guardian of such child as the case may be, a certificate in Form No. II to the effect that the person or child is not then in a fit state for vaccination. Such certificate shall remain in force for the period specified therein not exceeding three months but may be renewed if necessary. The reason for the unfitness shall be specified in the certificate.
(ii) If a Vaccinator finds that an unprotected person or child is in a state of health fit for vaccination he shall forthwith vaccinate such person or child and deliver to such person or the parent or guardian of such child as the case may be, a memorandum stating the date on which the vaccination was performed and specifying the date on which and the time and place at which the person or child should be present or be produced, as the case may be, for inspection.
5. () On the date and the time and place notified as aforesaid the person or child vaccinated shall be present or be produced as the case may be, for inspection.
(ii) If the inspecting officer finds that the vaccination has been successful he shall give to
1. Substituted for the words "Director of Public Health" by Kerala Decentralisation of Powers Act, 2000 (Act 16 of 2000) Published in Kerala Gazette Extraordinary No. 869 dt. 12-5-2000. 2. Substituted by Noification No. 41228/C3/66/HLDPublished in Kerala Gazette No. 31 dt. 2-8-1966.
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Rule 1 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 105
(2) Permitting person known to suffer from leprosy Ten rupees to attend School or take books or newspapers from public library, etc.
89 (1) Failure to comply with notice requiring steps to Ten rupees be taken against the breeding of mosquitoes 98 (a) Construction of factories, workshops, etc., in One hundred rupees residential areas (b) Failure of factories, workshops, etc., to comply Fifty rupees with restrictions imposed 102 2&3 Failure to cease to inhabit a dwelling house Twenty rupees
declared unfit for human habitation; or permitting it to be let or occupied as dwelling house
103 - - - Constructing back-to-back houses without Ten rupees permission 105 (a) Failure to maintain a tenement in a habitable Ten rupees Condition (b) Causing or permitting a tenement to be Ten rupees over-crowded 107 Keeping a lodging house or receiving a lodger Twenty rupees without registration 112 (1) Failure to affix notice Two rupees (2) Refusal to allow free access to the executive Ten rupees authority, etc., to all parts of the lodging house 115 Selling, etc., unsound meat or food through others Twenty rupees 119 (2) Infected person carrying on trade, etc., in articles Twenty rupees of food 121 (5) Failure to comply with the order prohibiting the Twenty rupees supply of milk or diary produce 128 Failure to comply with notice to close or Twenty-fiverupees disinfect source of water supply 129 (1) & (3) Accommodating visitors without licence or Ten rupees
infringing conditions of licence
*RULES UNDER T.C. PUBLIC HEALTH ACT, 1955
Rules For Waccination in Rural Areas Under Section 86
In exercise of the powers conferred by Section 86 of the Travancore-Cochin Public Health Act, 1955 (Act XVI of 1955), the Government of Kerala hereby make the following Rules, the same having been previously published as required by Section 138 (1) of the said Act.
1. Definitions.- In these Rules, unless the context otherwise requires,-
(i) "Parent" means the father or mother of a legitimate child and the mother of an illegitimate child.
(ii) "Guardian" means any person to whom the care, nurture or custody of any child falls by law or by natural right or recognised usage, or who has accepted or assumed the care, nurture or custody of any child or to whom the care, nurture or custody of any child has been entrusted by
any authority lawfully authorised in that behalf. (iii) “Vaccinator" means any Health Assistant appointed by the Government to perform the
* Published in Gazette dt. 28-3-1958, as Notification No.G.O. (Rt.) 1069/58/EHD dt. 28-3-1958.
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104 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 SCH-II
26 (1) Failure to comply with notice to provide Ten rupees efficient drainage
27 Failure to comply with notice requiring to Ten rupees Connect a house drain with an outside drain
28 Failure on the part of the owner of land to Twenty rupees
comply with notice requiring a drain for a hut on the land 29 Failure to comply with notice for paving or Ten rupees
raising the level of any court, yard etc., 30 (2) Failure to comply with notice requiring Ten rupees removal or closure of cesspool 32 Letting out Sullage or sewage into a street, etc. Ten rupees 33 Discharging injurious refuse etc., into a drain Twenty rupees 34 Polluting water-course Ten rupees 36 Constructing or reconstructing a building Ten rupees intended for human habitation Without a sanitary convenience 37 Failure to comply with notice regarding provision Ten rupees of sanitary conveniences or latrines 38 (2) Failure to comply with notice requiring removal Ten rupees or improvement of latrines 42 Failure to comply with notice to abate nuisance Ten rupees 44 Failure to comply with Magistrate's order Twenty rupees prohibiting the use of a house or building 55 (2) Failure to comply with notice prohibiting the Twenty rupees use of unwholesome Water 57 Exposing other persons to infection Five rupees 58 (a) Infected persons carrying on trade in articles Ten rupees of food (b) Infected persons engaging in other OCCupations Ten rupees without permit 65 Failure to close lodging houses, etc. Twenty rupees 69 - - - Exposing other persons to infection Ten rupees 70 (1) Failure to comply with notice forbidding work in Ten rupees infected premises 74 (2) Failure to comply with any order or direction Fifty rupees issued by the Collector or other officer 75 (1) Failure to take steps for the destruction of Five rupees rats, mice, etc. (2) Failure to comply with the notice for the Five rupees destruction of rats, mice, etc. 81 1 & 2 Person knowing that he is suffering from leprosy Ten rupees accepting employment in certain capacities, etc. (3) Causing or permitting person known to suffer from Ten rupees leprosy to accept employment in such capacities (4) Engaging person known to suffer from leprosy Ten rupees in such capacities 83 (1) Person knowing that he is suffering from leprosy Ten rupees
attending school or taking books or newspapers from public library, etc.
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2018-01-05T10:01:06Z

Anupriya: 'SCH-II THE TRA VANCORE - COCHIN PUBLIC HEAL THACT 1955 103 (b) Failure of factories, Workshops, etc., to comply Two hundre...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

SCH-II THE TRA VANCORE - COCHIN PUBLIC HEAL THACT 1955 103 (b) Failure of factories, Workshops, etc., to comply Two hundred and with restrictions imposed fifty rupees 100 Illegal erection of building on insanitary ground TWO hundred rupees 102 2&3 Failure to cease to inhabit a dwelling house Two hundred rupees declared unfit for human habitation or permitting it to be let or occupied as dwelling house 103 Constructing back-to-back houses without Twenty five rupees permission 105 (a) Failure to maintain a tenement in a habitable Twenty five rupees Condition (b) Causing or permitting a tenement to be Twenty five rupees over-crowded 107 Keeping a lodging house or receiving a lodger One hundred rupees Without registration 112 (1) Failure to affix notice Ten rupees (2) Refusal to allow free access to the executive One hundred rupees authority, etc., to all parts of the lodging house 114 (1) Selling etc., unsound meat or food One hundred rupees 115 Selling, etc., unsound meat or food through One hundred rupees others 116 Consuming the flesh of any animal which has Twenty five rupees died of natural causes 117 (1) Unlawfully importing meat from outside local area One hundred rupees 119 (2) Infected person carrying on trade, etc., in Fifty rupees articles of food 120 Failure to furnish information regarding the Twenty five rupees Sources of supply of milk or dairy produce 121 (5) Failure to comply with the order prohibiting the Fifty rupees supply of milk or dairy produce 123 Failure to inform the proper authority about the Fifty rupees date and other particulars regarding fair or festival 128 Failure to comply with notice to close or disinfect One hundred rupees Source of water-supply 129 183 ACCommodating visitors without licence, or Twenty five rupees infringing conditions of licence SCHEDULE III Penalties for Continuing Breaches See Section 142 (2) Section Sub-Section Subject Fine which may '"' ) or clause be imposed 7 2 3 . 4 22 (1) Failure of the owner or other persons Ten rupees having control to obey or comply with the directions contained in the notice requiring to keep any well, etc., in good repair or cleanse it, or protect, etc. 24 ... Continuing to occupying a dwelling house Ten rupees
or to permit its occupation without a supply of wholesome water
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Panchayat:Repo18/vol2-page0102

2018-01-05T09:59:43Z

Anupriya: '102 68 69 70 71 72 73 74 75 77 81 81 82 83 89 91 92 98 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 1,2,4 & 5 Letting o...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

102 68
69 70
71
72
73 74
75
77
81
81
82
83
89 91 92
98
THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955
1,2,4 & 5
Letting or sub-letting of infected building without permit Exposing other persons to infection Failure to comply with notice forbidding work in infected premises Use of books from public libraries by infected persons, etc Delay in disposing of dead body of an infected person or allowing others unnecessarily to come into contact with it, etc., etc., Failure to comply with order prohibiting assemblages of more than 50 persons Failure to comply with any order or directions issued by the Collector or other officer Failure to take steps for the destruction of rats, mice, etc. Failure to comply with the notice for the destruction of rats, mice, etc. Failure to give instructions to the person having veneral disease and failure to furnish the required information Person knowing that he is suffering from leprosy accepting employment in certain capacities, etc. Causing or permitting person known to suffer from leprosy to accept employment in such capacities Engaging person known to suffer from leprosy in Such capacities Person knowing that he is suffering from leprosy using public Conveyance Permitting person known to suffer from leprosy to use public conveyance Conveying person known to suffer from leprosy in public conveyance Failing to give notice that person known to suffer from leprosy was Conveyed in public conveyance or to disinfect such conveyance Person knowing that he is suffering from leprosy attending school or taking books or newspapers from public library, etc. Permitting person known to suffer from leprosy to attend school or take books or newspapers
from public library, etc.
Failure to comply with notice requiring steps to be taken against breeding of mosquitoes Permitting deterioration of works relating to prevention of the breeding of mosquitoes Injuring or destroying anti-mosquito works
Construction of factories, workshops, etc., in residential areas
SCH
Fifty rupees
Twenty five rupees Fifty rupees
Twenty five rupees
Fifty rupees
One hundred rupees Two hundred and fifty rupees Twenty rupees
Twenty five rupees
Twenty rupees
Fifty rupees Fifty rupees Fifty rupees Fifty rupees Fifty rupees Fifty rupees
Fifty rupees
Fifty rupees
Fifty rupees
Twenty rupees Fifty rupees Two hundred and
fifty rupees Five hundred rupees
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Panchayat:Repo18/vol2-page0101

2018-01-05T09:58:57Z

Anupriya: 'SCH 27 28 29 30 (1) (2) 31 32 33 34 36 37 38 (1) (2) (3) 42 44 (1) (2) (3) 54 55 (2) 57 58 (a) (b) 62 65 66 67 (1), (2), (...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

SCH
27
28
29
30 (1) (2)
31
32
33
34
36
37
38 (1) (2) (3)
42
44
(1) (2) (3)
54
55 (2)
57
58 (a) (b)
62
65
66
67 (1), (2),
(3) &(6)
THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955
Failure to comply with notice requiring to Connect a house drain with an outside drain Failure on the part of the owner of land to comply with notice requiring a drain for a hut On the land Failure to comply with notice for paving or raising the level of any court, yard etc., Unlawful construction of cess-pool or construction of Cesspool on un-approved site
Failure to comply with notice requiring removal or closure of Cesspool Occupying or permitting occupation of new building without drain Letting out Sullage or sewage into a street, etc. Discharging injurious refuse etc., into a drain Polluting water-course Constructing or re-constructing a building intended for human habitation without a sanitary convenience Failure to comply with notice regarding provision of sanitary conveniences or latrines Failure to construct and maintain latrines in the prescribed manner Failure to comply with notice regarding removal or improvement of latrines Causing injury to latrines Failure to comply with notice to abate nuisance Failure to comply With Magistrate's order prohibiting the use of a house or building Depositing filth, rubbish, etc., in streets Easing or permitting a member Of the family to ease in a street, etc., Failure to cover excreta with earth Failure to give information regarding existence of certain infectious diseases Failure to comply with notice prohibiting the use of unwholesome water Exposing other persons to infection Infected persons carrying on trade in articles of food
. Infected persons engaging in other occupations without permit : ۔ لاء۔۔۔۔ بعد ۔۔۔۔۔۔ ۔ ۔ ۔ ۔ ۔ ۔ ، :r: ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ Failure to give infor n ation Of notified diseases - . . . . Failure to lose dging houses, etc. : آہ ! ہمادہ بہ ۔ ۔ ۔ ۔ Sendin infect | clotr es to a laundry or ..., ....-ع - - depositing infected ar icles in receptacle for ASSLLSAAAASAASSMSS refuse matter Using or permitting use of public conveyance by . . . an infected person
101
Twenty five rupees
Fifty rupees
Twenty five rupees
Fifty rupees
Fifty rupees Fifty rupees
Fifty rupees Fifty rupees One hundred rupees Fifty rupees
Fifty rupees Fifty rupees Fifty rupees
Fifty rupees Fifty rupees One hundred rupees
Fifty rupees Twenty five rupees
Two rupees Twenty five rupees
Fifty rupees
Twenty five rupees Fifty rupees
Fifty rupees
. . Twenty five rupees One hundred rupees Fifty rupees
ܠ ܢܝ .
Fifty rupees

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Panchayat:Repo18/vol2-page0100

2018-01-05T09:55:40Z

Anupriya: '100 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 158 (i) if having been elected under clause (b) of sub-section (2...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

100 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 158
(i) if having been elected under clause (b) of sub-section (2) of section 155, he ceases to be a member of the Legislative Assembly;
(ii) if having been elected under clause (c) of sub-section (2) of section 155, he ceases to be a member of the Council of the Corporation of Trivandrum;
(iii) if having been elected under clause (d) of sub-section (2) of Section 155, he ceases to be a member of the Municipal Council; and
(iv) if having been elected under clause (e) of sub-section (2) of section 155, he ceases to be President of the Panchayat.
158. Casual vacancies.- If a vacancy OCCurs in the office of a member of the Board other than an ex-officio member through death, resignation or otherwise previous to the expiry of the term of his office, the vacancy shall be filled by election. Any person elected to fill the vacancy shall, notwithstanding anything contained in section 156, hold office only So long as the member in whose vacancy he is elected would have held office if the vacancy had not OCCurred.
159. Function of the Public Health Board.- (1) The Public Health Board shall advice the Government on such matters relating to the public health administration of the State or any local area therein as the Government may, Suo motu or on reference made to them by the 3Director of Health Services or any local authority, from time to time, refer to it.
?
(2) The meetings of the Board and the mode of transaction of business at such meetings shall be governed by such regulations as may be framed by it. (3) The proceedings of the Board shall not be invalidated by reason of any vacancy in the office of the president, or a member. 160. Act to over-ride other enactments.- If any provision relating to public health Contained in any other enactment in force in the State is repugnant to any provision Contained in this Act, the latter provision shall prevailand the former provision shall, to the extent of the repugnancy, be Void. 161. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government, as occasion may require, may, by order, do anything which appears to them to be necessary for the purpose of removing the difficulty. 162. Repeal.- The Travancore Public Health Act, 1121 (Act III of 1121) and the Cochin Public Health Act, XIX of 1124 are hereby repealed.
er. SCHEDULE I } Ordinary Penalties See Section 142 (1) Section Sub-Section Subject * * * * Fine which may or Clause be imposed 22 (1) Failure of the Owner or other perSons Twenty five rupees having control to obey or Comply with the directions contained in a notice requiring to keep any well, etc., in good repair, to cleanse it, or protect, etc. 24 ... Owner of new dwelling house occupying Twenty five rupees ' '
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Panchayat:Repo18/vol2-page0099

2018-01-05T09:51:36Z

Anupriya: 'Sec. 157 THE TRA VANCORE - COCHIN PUBLICHEALTH ACT 1955 99 appointed under section 10 of this Act, who maliciously abuses...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Sec. 157 THE TRA VANCORE - COCHIN PUBLICHEALTH ACT 1955 99
appointed under section 10 of this Act, who maliciously abuses any powers conferred on him by or under this Act, shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both. (2) No prosecution shall be instituted under this section without the previous sanction of the Government. 154. Delegation of powers by Government.- The Government may, by notification and subject to any restrictions, limitations and conditions specified therein, authorise any person to exercise any one or more of the powers wested in them by this Act and may in like manner withdraw such authority: Provided that nothing Contained in this section shall apply to any power of the Government to make rules under this Act or to their powers under sections 6 (2), 135 and 161.
28(154А.— x x x) 155. Establishment and constitution of the Public Health Board- (1) As soon as may
be after the commencement of this Act, the Government shall, by notification in the Gazette, establish a Public Health Board.
(2) The Public Health Board shall consist of the following members:- (a) the Director of Health Services), the Surgeon-General, the Director of Indigenous
Medicine, the Superintendent, Public Health Laboratory and the Superintendent of the Avittom Thirunal Women and Children Hospital, Trivandrum, to be ex-officio members; (b) three members elected by the Legislative Assembly from among themselves; (c) one member elected by the members of the Council of the Corporation of Trivandrum from among themselves; (d) two members elected by the members of the Municipal Councils in the State from among themselves; and (e) four members, one from each Revenue District elected by the Presidents of Panchayats of that District from among themselves. (3) The Director of Health Services) shall be the President of the Board and the District Health Officer, Trivandrum its Secretary. (4) If any of the members mentioned in clauses (b), (c), (d) or (e) of sub-section (2) is not elected, the Government may nominate such person as they may deem fit; and the person so nominated shall for the purposes of this Act be deemed to have been duly elected under clauses (b), (c), (d) or (e) of sub-section (2) as the case may be. (5) The Government may, by notification in the Gazette, make rules with reference to the
election of members including election petitions and deposits to be made by the candidates standing for election as members and the conditions under which such deposits may be forfeited.
156. Term of Office of elected members.- (1) Save as otherwise provided, the term of office of the members other than the ex-officio members shall be for a period of three years commencing from the date on which the first meeting of the Board is held.
(2) An out-going member shall continue in office until the election of his successor and shall
be eligible for re-election. 157. Cessation of membership in the Board.- A member of the Board other than an exofficio member shall cease to hold office
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Panchayat:Repo18/vol2-page0098

2018-01-05T09:50:40Z

Anupriya: '98 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 149 The power to compound any offence so declared may also be exer...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

98 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 149
The power to compound any offence so declared may also be exercised by such other authority or person as may be authorised in that behalf by rules made by the Government.
149. Powers of police officers to arrest offenders against Act, etc.- Any police officer who sees a person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, may arrest such person, if his name and address are unknown to the officer and such person on demand declines to give his name and address or gives a name and address which the officer has reason to believe to be false. 150. Powers of executive officer and public health staff to arrest offenders against Act, etc.- (1) The executive officer of a local authority or any member of the public health establishment of a local authority not below the rank of Health or Sanitary Inspector, who sees a person committing any of the offences specified in sub-section (2) in the area over which such officer or member has jurisdiction may arrest such person, if his name and address are unknown to the executive officer or member aforesaid and such person on demand declines to give his name and address or gives a name and address which such officer or member has reason to believe to be false. 26(2) The offences referred to in sub-section (1) are(a) offences against any of the provisions of this Act or of any rule or bye-law made thereunder; and (b) offences falling under any of the provisions of the Acts mentioned below, if such provisions are in force in the area over which the local authority has jurisdiction; (i) Chapters VII to XIII, both inclusive, of the Trivandrum District Municipal Act, read With section 375 of that Act and Schedules V and VI thereto. (ii) Chapters VII to XIII, both inclusive, of the Travancore District Municipalities Act, 1116, read with section 334 of that Act and Schedules V and VI thereto; (iii) Chapters VII to XIII, both inclusive, of the Cochin Municipal Act, XVIII of 1113, read with section 321 of that Act and Schedules VII and VIII thereto; and 27(iv) section 10 of the Travancore Prevention of Adulteration Act, 1124 or section 4 of the Cochin Prevention of Food Adulteration Act, XVI of 1109.] 151. Persons arrested not to be detained unnecessarily.- No person arrested under section 149 or section 150 shall be detained in custody
... - (a) after his true name and address have been ascertained; or
(b) for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of the special order of a Magistrate, whether having jurisdiction to try the case or not exceed twenty four hours, exclusive of the time necessary for the journey of such person to the Court having jurisdiction to try the case.
152. Bar of suits and prosecutions in certain cases.- (1) No suit, prosecution or other proceeding shall lie against any local authority or any executive authority of a local authority or against the Government or any officer or servant of a local authority or of the Government or against any person appointed under section 10 of this Act, for any act done or purporting to be done under this Act without the previous sanction of the Government.
(2) No local authority or executive authority of a local authority, nO officer or servant of any local authority or of the Government and no person appointed under section 10 of this Act, shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith
in the course of the execution of duties or the discharge of functions imposed by or under this Act.
153. Punishment for malicious abuse of powers.- (1) Any executive authority of a local authority or any officer or servant of a local authority or of the Government, or any person
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Panchayat:Repo18/vol2-page0097

2018-01-05T09:49:19Z

Anupriya: 'Sec. 148 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 97 (c) failing to comply with any direction lawfully given to him...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Sec. 148 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 97
(c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said provisions continues to contravene the said provision or the said rule or order, or continues to fail to comply with the said direction or requisition, shall be punished for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.
(3) Whoever after having been convicted of contravening the provisions of sub-section (1) of section 114 continues to contravene the said provisions shall be punished with simple imprisonment for a term which may extend to one Week.
Explanation:- The entries in the third column of Schedules I and Il headed "subject" are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof, or even as abstracts of those provisions, but are inserted merely as references to the subject dealt with therein.
143. Penalty for preventing entry of executive authority or Health Officer.- Every person who prevents the executive authority or the Health Officer or any person to whom the executive authority or the Health Officer has lawfully delegated his powers of entering on or into any land or building from exercising his lawful power of entering thereon or thereinto, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
MISCELLANEOUS
144. Propaganda by local authority.- Every local authority shall carry out intensive and extensive propaganda for the advancement of public health.
145. Appeal against decision of Health Officer.- Any decision of the Health Officer against which an appeal is not otherwise provided for in this Act shall be subject to such appeal as may be prescribed. 146. Method of serving notice.- (1) When any notice is required to be given by this Act or by any rule, bye-law, regulation or order made under it, such notice shall be in Writing and shall be given(a) by giving or tendering the notice to such person; or (b) if such person is not found, by leaving such notice at his last known place of abode or business or by giving or tendering the same to some adult member of his family; or
. (c) if such person does not reside in the local area and his address elsewhere is known to the executive authority by sending the same to him by registered post; or
. . (d) if none of the means aforesaid be available, by affixing the same in Some conspicuous part of such place of abode or business.
(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice, and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners or occupiers.
147. Cognizance of offences against the Act.-No person shall be tried for any offence against the provisions of this Act, or of any rule, or bye-law made under it unless complaint is made within three months of the commission of the offence by the police, or the executive authority
or the Health Officer, or by a person expressly authorised in this behalf by the local authority, the
executive authority or the Health Officer.
Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1898 in regard to the power of certain Magistrates to take Cognizance of
offences upon information received or upon their own knowledge Or suspicion. 148. Power to compound offences.- The executive authority or the Health Officer may
compound any offence against this Act or the rules or bye-laws made thereunder which may, by
rules made by the Government, be declared compoundable.
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Panchayat:Repo18/vol2-page0096

2018-01-05T09:48:20Z

Anupriya: '96 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 138 (i) with fine which may extend to one hundred rupees, and in c...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

96 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 138
(i) with fine which may extend to one hundred rupees, and in case of a continuing breach, with fine which may extend to thirty rupees for every day during which the breach continues after conviction for the first breach; or
(ii) with fine which may extend to twenty rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.
138. Procedure for making and the effect of rules.- (1) The power to make rules under
this Act shall be subject to the following conditions:-
(a) A draft of the rules shall be published in the Gazette.
(b) Such draft shall not be further proceeded with until six weeks after such publication or until such later date as the Government may appoint.
(2) All rules made under this Act shall be published in the Gazette and upon such publication shall have effect as if enacted in this Act.
139. Bye-laws by local authorities.- Any local authority may make bye-laws not inconsistent with this Act or the rules made thereunder or with any other law, for carrying out all or any of the purposes of this Act.
140. Breach of bye-laws.- In making a bye-law, the local authority may provide that a breach thereof shall be punishable
(a) with fine which may extend to fifty rupees, and in case of a continuing breach, with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or
(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.
2141. Procedure for making or altering bye-laws.- In regard to bye-laws made by a local authority under Sections 139 and 140, the following provisions shall apply, namely:-
(a) in case the local authority is the Corporation of Trivandrum, sections 369, 370, 372 and 374 of the Trivandrum City Municipal Act;
(b) in case the local authority is a Municipality constituted under the Travancore District Municipalities Act, 1116, sections 329, 330 and 332 of that Act;
(c) in case the local authority is a Municipality constituted under the Cochin Municipal Act, XVIII of 1113, sections 318, 319 and 320 of that Act; and
(d) in case the local authority is a Panchayat constituted under the Travancore-Cochin Panchayats Act, 1950, sections 101 and 102 of that Act.
142. Penalties for offences against Act, etc.- (1) Whoever
(a) contravenes any of the provisions of this Act specified in the first and the second Columns of Schedule I; or
(b) Contravenes any rule or order made under any of the provisions so specified; or
(c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him, under or in pursuance of any of the said provisions, shall be punished with fine which may extend to the amount mentioned in that behalf in the fourth Column of the said Schedule.
(2) Whoever after having been convicted of -
(a) contravening any of the provisions of this Act specified in the first and second columns of Schedule II; or
(b) contravening any rule or order made under any of the provisions so specified; or
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