Panchayatwiki - User contributions [en]

Panchayat:Repo18/vol2-page0101

2019-05-30T09:13:01Z

Gangadharan:

{| {{table}}
| 27||Failure to comply with notice requiring to Connect a house drain with an outside drain||Twenty five rupees
|-
| ||||
|-
| 28||Failure on the part of the owner of land to comply with notice requiring a drain for a hut On the land||Fifty Rupees
|-
| ||||
|-
| 29||Failure to comply with notice for paving or raising the level of any court, yard etc.,||Twenty five rupees
|-
| ||||
|-
| 30 (1)||Unlawful construction of cess-pool or construction of Cesspool on un-approved site||Fifty Rupees
|-
| ||||
|-
| 30 (2)||Failure to comply with notice requiring removal or closure of Cesspool||Fifty Rupees
|-
| ||||
|-
| 31||Occupying or permitting occupation of new building without drain||Fifty Rupees
|-
| ||||
|-
| 32||Letting out Sullage or sewage into a street, etc.||Fifty Rupees
|-
| ||||
|-
| 33||Discharging injurious refuse etc., into a drain||Fifty Rupees
|-
| ||||
|-
| 34||Polluting water-course||One hundred rupees
|-
| ||||
|-
| 36||Constructing or re-constructing a building intended for human habitation without a sanitary convenience ||Fifty Rupees
|-
| ||||
|-
| 37||Failure to comply with notice regarding provision of sanitary conveniences or latrins||Fifty Rupees
|-
| ||||
|-
| 38 (1)||Failure to construct and maintain latrines in the prescribed manner||Fifty Rupees
|-
| ||||
|-
| 38 (2)||Failure to comply with notice regarding removal or improvement of latrines||Fifty Rupees
|-
| ||||
|-
| 38 (3)||Causing injury to latrines||Fifty Rupees
|-
| ||||
|-
| 42||Failure to comply with notice to abate nuisance||Fifty Rupees
|-
| ||||
|-
| 44||Failure to comply With Magistrate's order prohibiting the use of a house or building||One hundred rupees
|-
| ||||
|-
| 49 (1)||Depositing filth, rubbish, etc., in streets||Fifty Rupees
|-
| ||||
|-
| 49 (2)||Easing or permitting a member Of the family to ease in a street, etc.,||Twenty five rupees
|-
| ||||
|-
| 49 (3)||Failure to cover excreta with earth||Two rupees
|-
| ||||
|-
| 54||Failure to give information regarding existence of certain infectious diseases||Twenty five rupees
|-
| ||||
|-
| 55 (2)||Failure to comply with notice prohibiting the use of unwholesome water||Fifty Rupees
|-
| ||||
|-
| 57||Exposing other persons to infection||Twenty five rupees
|-
| ||||
|-
| 58 (a)||Infected persons carrying on trade in articles of food||Fifty Rupees
|-
| ||||
|-
| 58 (b)||Infected persons engaging in other occupations without permit||Fifty Rupees
|-
| ||||
|-
| 62||Failure to give infor n ation Of notified diseases||Twenty five rupees
|-
| ||||
|-
| 65||Failure to lose dging houses, etc.||One hundred rupees
|-
| ||||
|-
| 66||Sending infected clothes es to a laundry or depositing infected ar icles in receptacle for refuse matter||Fifty Rupees
|-
| ||||
|-
| 67 (1,2,3 & 5)||Using or permitting use of public conveyance by an infected person||Fifty Rupees
|}

{{Approved}}

Panchayat:Repo18/vol2-page0102

2019-05-30T08:53:46Z

Gangadharan:

{| {{table}}
| 68||Letting or sub-letting of infected building without permit||Fifty Rupees
|-
| ||||
|-
| 69||Exposing other persons to infection||Twentry five rupees
|-
| ||||
|-
| 70(1)||Failure to comply with notice forbidding work in infected premises Use of books from public libraries by infected persons, etc||Fifty rupees
|-
| ||||
|-
| 72 (1,2,4 & 5)||Delay in disposing of dead body of an infected person or allowing others unnecessarily to come into contact with it, etc., etc.,||Fifty rupees
|-
| ||||
|-
| 73||Failure to comply with order prohibiting assemblages of more than 50 persons||One hundred rupees
|-
| ||||
|-
| 74(2)||Failure to comply with any order or directions issued by the Collector or other officer||Two hundred and fifty rupees
|-
| ||||
|-
| 75(1)||Failure to take steps for the destruction of rats, mice, etc.||Twenty Rupees
|-
| 75(2)||Failure to comply with the notice for the destruction of rats, mice, etc.||Twenty five rupees
|-
| 77||Failure to give instructions to the person having veneral disease and failure to furnish the required information ||Twenty Rupees
|-
| 81 (1&2)||Person knowing that he is suffering from leprosy accepting employment in certain capacities, etc.||Fifty Rupees
|-
| 81(3)||Causing or permitting person known to suffer from leprosy to accept employment in such capacities||Fifty Rupees
|-
| ||||
|-
| 81(4)||Engaging person known to suffer from leprosy in Such capacities||Fifty Rupees
|-
| ||||
|-
| 82 (1)||Person knowing that he is suffering from leprosy using public Conveyance||Fifty Rupees
|-
| ||||
|-
| 82 (2)||Permitting person known to suffer from leprosy to use public conveyance||Fifty Rupees
|-
| ||||
|-
| 82 (3)||Conveying person known to suffer from leprosy in public conveyance||Fifty Rupees
|-
| ||||
|-
| 82 (5)||Failing to give notice that person known to suffer from leprosy was Conveyed in public conveyance or to disinfect such conveyance||Fifty Rupees
|-
| ||||
|-
| 83 (1)||Person knowing that he is suffering from leprosy attending school or taking books or newspapers from public library, etc.||Fifty Rupees
|-
| ||||
|-
| 83 (2)||Permitting person known to suffer from leprosy to attend school or take books or newspapers from public library, etc.||Fifty Rupees
|-
| ||||
|-
| 89 (1)||Failure to comply with notice requiring steps to be taken against breeding of mosquitoes||Twenty Rupees
|-
| ||||
|-
| 91||Permitting deterioration of works relating to prevention of the breeding of mosquitoes||Fifty Rupees
|-
| ||||
|-
| 92 (1)||Injuring or destroying anti-mosquito works||Two hundred and fifty rupees
|-
| ||||
|-
| 98 (a)||Construction of factories, workshops, etc., in residential areas||Five hundred rupees
|}

{{Approved}}

Panchayat:Repo18/vol2-page0102

2019-05-30T08:44:52Z

Gangadharan:

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

{{Approved}}

Panchayat:Repo18/vol2-page0103

2019-05-30T08:39:53Z

Gangadharan:

{| {{table}}
| 103 (b)||103 (b) Failure of factories, Workshops, etc., to comply and with restrictions imposed||Two hundred and fifty rupees
|-
| ||||
|-
| 100||Illegal erection of building on insanitary ground ||TWO hundred rupees
|-
| ||||
|-
| 102 (2&3)||Failure to cease to inhabit a dwelling house declared unfit for human habitation or permitting it to be let or occupied as dwelling house||Two hundred rupees
|-
| ||||
|-
| 103||Constructing back-to-back houses without permission||Twenty five rupees
|-
| ||||
|-
| 105(a)||Failure to maintain a tenement in a habitable Condition ||Twenty five rupees
|-
| 105(b)||Causing or permitting a tenement to be over-crowded||Twenty five rupees
|-
| 107||Keeping a lodging house or receiving a lodgerWithout registration ||One hundred rupees
|-
| 112(1)||Failure to affix notice||Ten rupees
|-
| 112(2)||(2) Refusal to allow free access to the executiveauthority, etc., to all parts of the lodging house||One hundred rupees
|-
| 114(1)||Selling etc., unsound meat or food||One hundred rupees
|-
| ||||
|-
| 115||Selling, etc., unsound meat or food throughothers||One hundred rupees
|-
| ||||
|-
| 116||Consuming the flesh of any animal which has Twenty five rupees died of natural causes||Twenty five rupee
|-
| ||||
|-
| 117(1)||Unlawfully importing meat from outside local area||One hundred rupees
|-
| ||||
|-
| 119(2)||Infected person carrying on trade, etc., in articles of food||Fifty rupees
|-
| ||||
|-
| 120||Failure to furnish information regarding the Sources of supply of milk or dairy produce||Twenty five rupees
|-
| ||||
|-
| 121(5)|| Failure to comply with the order prohibiting the supply of milk or dairy produce||Fifty rupees
|-
| ||||
|-
| 123||Failure to inform the proper authority about the date and other particulars regarding fair or festival ||Fifty rupees
|-
| 128||Failure to comply with notice to close or disinfect Source of water-supply||One hundred rupees
|-
| 129 (1&3)||Accommodating visitors without licence, orinfringing conditions of licence||Twenty five rupees
|-
| ||||
|-
| ||'''SCHEDULE III Penalties for Continuing Breaches See Section 142 (2)'''||
|-
| 22 (1)||Failure of the owner or other personshaving 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.||Ten rupees
|-
| ||||
|-
| ||||
|-
| 24||Continuing to occupying a dwelling house Ten rupees or to permit its occupation without a supply of wholesome water||Ten rupees
|}
{{Approved}}

Panchayat:Repo18/vol2-page0103

2019-05-30T08:39:16Z

Gangadharan:

{| {{table}}
| 103 (b)||103 (b) Failure of factories, Workshops, etc., to comply and with restrictions imposed||Two hundred and fifty rupees
|-
| ||||
|-
| 100||Illegal erection of building on insanitary ground ||TWO hundred rupees
|-
| ||||
|-
| 102 (2&3)||Failure to cease to inhabit a dwelling house declared unfit for human habitation or permitting it to be let or occupied as dwelling house||Two hundred rupees
|-
| ||||
|-
| 103||Constructing back-to-back houses without permission||Twenty five rupees
|-
| ||||
|-
| 105(a)||Failure to maintain a tenement in a habitable Condition ||Twenty five rupees
|-
| 105(b)||Causing or permitting a tenement to be over-crowded||Twenty five rupees
|-
| 107||Keeping a lodging house or receiving a lodgerWithout registration ||One hundred rupees
|-
| 112(1)||Failure to affix notice||Ten rupees
|-
| 112(2)||(2) Refusal to allow free access to the executiveauthority, etc., to all parts of the lodging house||One hundred rupees
|-
| 114(1)||Selling etc., unsound meat or food||One hundred rupees
|-
| ||||
|-
| 115||Selling, etc., unsound meat or food throughothers||One hundred rupees
|-
| ||||
|-
| 116||Consuming the flesh of any animal which has Twenty five rupees died of natural causes||Twenty five rupee
|-
| ||||
|-
| 117(1)||Unlawfully importing meat from outside local area||One hundred rupees
|-
| ||||
|-
| 119(2)||Infected person carrying on trade, etc., in articles of food||Fifty rupees
|-
| ||||
|-
| 120||Failure to furnish information regarding the Sources of supply of milk or dairy produce||Twenty five rupees
|-
| ||||
|-
| 121(5)|| Failure to comply with the order prohibiting the supply of milk or dairy produce||Fifty rupees
|-
| ||||
|-
| 123||Failure to inform the proper authority about the date and other particulars regarding fair or festival ||Fifty rupees
|-
| 128||Failure to comply with notice to close or disinfect Source of water-supply||One hundred rupees
|-
| 129 (1&3)||Accommodating visitors without licence, orinfringing conditions of licence||Twenty five rupees
|-
| ||||
|-
| ||''SCHEDULE III Penalties for Continuing Breaches See Section 142 (2)'''||
|-
| 22 (1)||Failure of the owner or other personshaving 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.||Ten rupees
|-
| ||||
|-
| ||||
|-
| 24||Continuing to occupying a dwelling house Ten rupees or to permit its occupation without a supply of wholesome water||Ten rupees
|}
{{Approved}}

Panchayat:Repo18/vol2-page0104

2019-05-30T08:23:01Z

Gangadharan:

{| {{table}}
| 26(1)||Failure to comply with notice to provide Ten rupees efficient drainage||ten rupees
|-
| ||||
|-
| 27||Failure to comply with notice requiring to Ten rupees Connect a house drain with an outside drain||ten rupees
|-
| ||||
|-
| 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||twenty rupees
|-
| ||||
|-
| 29||Failure to comply with notice for paving or Ten rupees raising the level of any court, yard etc.,||ten rupees
|-
| ||||
|-
| 30(2)||Failure to comply with notice requiring Ten rupees removal or closure of cesspool||ten rupees
|-
| ||||
|-
| 32||Letting out Sullage or sewage into a street, etc. Ten rupees 33 Discharging injurious refuse etc., into a drain Twenty rupees||ten rupees
|-
| ||||
|-
| 34||Polluting water-course Ten rupees||ten rupees
|-
| ||||
|-
| 36||Constructing or reconstructing a building Ten rupees intended for human habitation Without a sanitary convenience||ten rupees
|-
| ||||
|-
| 37||Failure to comply with notice regarding provision Ten rupees of sanitary conveniences or latrines||ten rupees
|-
| ||||
|-
| 38(2)||Failure to comply with notice requiring removal Ten rupees or improvement of latrines ||ten rupees
|-
| ||||
|-
| 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||twenty rupees
|-
| ||||
|-
| 55(2)||Failure to comply with notice prohibiting the Twenty rupees use of unwholesome Water||twenty rupees
|-
| ||||
|-
| 57||Exposing other persons to infection Five rupees||five rupees
|-
| ||||
|-
| 58(a)||Infected persons carrying on trade in articles Ten rupees of food ||ten rupees
|-
| ||||
|-
| 58(b)||(b) Infected persons engaging in other OCCupations Ten rupees without permit||ten rupees
|-
| ||||
|-
| 65||Failure to close lodging houses, etc. Twenty rupees||twenty rupees
|-
| ||||
|-
| 69||Exposing other persons to infection Ten rupees||ten rupees
|-
| ||||
|-
| 70(1)||Failure to comply with notice forbidding work in Ten rupees infected premises||ten rupees
|-
| ||||
|-
| 74(2)||Failure to comply with any order or direction Fifty rupees issued by the Collector or other officer||fifty rupees
|-
| ||||
|-
| 75(1)||Failure to take steps for the destruction of Five rupees rats, mice, etc. ||five rupees
|-
| ||||
|-
| 75(2)||Failure to comply with the notice for the Five rupees destruction of rats, mice, etc.||five rupees
|-
| ||||
|-
| 81(1&2)||Person knowing that he is suffering from leprosy Ten rupees accepting employment in certain capacities, etc.||ten rupees
|-
| ||||
|-
| 81(3)||Causing or permitting person known to suffer from Ten rupees leprosy to accept employment in such capacities||ten rupees
|-
| ||||
|-
| 81(4)||Engaging person known to suffer from leprosy Ten rupees in such capacities||ten rupees
|-
| ||||
|-
| 83(1)||Person knowing that he is suffering from leprosy Ten rupees attending school or taking books or newspapers from public library, etc||ten rupees
|}

{{Approved}}

Panchayat:Repo18/vol2-page0104

2019-05-30T07:45:00Z

Gangadharan:

{| {{table}}
| 26||1||Failure to comply with notice to provide Ten rupees efficient drainage||ten rupees
|-
| ||||||
|-
| 27||||Failure to comply with notice requiring to Ten rupees Connect a house drain with an outside drain||ten rupees
|-
| ||||||
|-
| 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||twenty rupees
|-
| ||||||
|-
| 29||||Failure to comply with notice for paving or Ten rupees raising the level of any court, yard etc.,||ten rupees
|-
| ||||||
|-
| 30||2||Failure to comply with notice requiring Ten rupees removal or closure of cesspool||ten rupees
|-
| ||||||
|-
| 32||||Letting out Sullage or sewage into a street, etc. Ten rupees 33 Discharging injurious refuse etc., into a drain Twenty rupees||ten rupees
|-
| ||||||
|-
| 34||||Polluting water-course Ten rupees||ten rupees
|-
| ||||||
|-
| 36||||Constructing or reconstructing a building Ten rupees intended for human habitation Without a sanitary convenience||ten rupees
|-
| ||||||
|-
| 37||||Failure to comply with notice regarding provision Ten rupees of sanitary conveniences or latrines||ten rupees
|-
| ||||||
|-
| 38||2||Failure to comply with notice requiring removal Ten rupees or improvement of latrines ||ten rupees
|-
| ||||||
|-
| 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||twenty rupees
|-
| ||||||
|-
| 55||2||Failure to comply with notice prohibiting the Twenty rupees use of unwholesome Water||twenty rupees
|-
| ||||||
|-
| 57||||Exposing other persons to infection Five rupees||five rupees
|-
| ||||||
|-
| 58||a||Infected persons carrying on trade in articles Ten rupees of food ||ten rupees
|-
| ||||||
|-
| ||||(b) Infected persons engaging in other OCCupations Ten rupees without permit||ten rupees
|-
| ||||||
|-
| 65||||Failure to close lodging houses, etc. Twenty rupees||twenty rupees
|-
| ||||||
|-
| 69||||Exposing other persons to infection Ten rupees||ten rupees
|-
| ||||||
|-
| 70||1||Failure to comply with notice forbidding work in Ten rupees infected premises||ten rupees
|-
| ||||||
|-
| 74||2||Failure to comply with any order or direction Fifty rupees issued by the Collector or other officer||fifty rupees
|-
| ||||||
|-
| 75||1||Failure to take steps for the destruction of Five rupees rats, mice, etc. ||five rupees
|-
| ||||||
|-
| ||2||Failure to comply with the notice for the Five rupees destruction of rats, mice, etc.||five rupees
|-
| ||||||
|-
| 81||1&2||Person knowing that he is suffering from leprosy Ten rupees accepting employment in certain capacities, etc.||ten rupees
|-
| ||||||
|-
| ||3||Causing or permitting person known to suffer from Ten rupees leprosy to accept employment in such capacities||ten rupees
|-
| ||||||
|-
| ||4||Engaging person known to suffer from leprosy Ten rupees in such capacities||ten rupees
|-
| ||||||
|-
| 83||1||Person knowing that he is suffering from leprosy Ten rupees attending school or taking books or newspapers from public library, etc||ten rupees
|}
{{Approved}}

Panchayat:Repo18/vol2-page0105

2019-05-30T07:24:37Z

Gangadharan:

{| {{table}}
| ||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

{{Approved}}

Panchayat:Repo18/vol2-page0105

2019-05-30T07:22:02Z

Gangadharan:

Panchayat:Repo18/vol2-page0105

2019-05-30T07:21:14Z

Gangadharan:

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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Panchayat:Repo18/vol2-page0105

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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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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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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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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

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=== 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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::(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.

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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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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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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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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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:(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

===== '''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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=== '''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.

===== '''141. 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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'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 health''' =====

Every 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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'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 health''' =====

Every 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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'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 health''' =====

Every 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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'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 health''' =====

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

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

:(b) power to make vaccination and preventive inoculations Compulsory Subject to the provisions of Sub-section (3);

:(c) power to direct-

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

::(ii) that the clothing, bedding or other articles belonging to such persons shall be disinfected if there is reason to suspect that they have been exposed to infection; and

::(iii) that any such person shall give his address and present himself daily for medical examination at a specified time and place, for a period not exceeding ten days;

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

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

::(ii) in respect of, or in relation to, articles exposed to infection from any notified disease, or likely to infect persons with any such disease,

including, in case (i) the placing of restrictions on the movements of Such persons, and in case (ii), the destruction of such articles and the placing of restrictions on their export from import into or transport within, the local area;

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

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

(3)
:(a) If any person who, or a child in whose care is sought to be vaccinated or inoculated in pursuance of the power referred to in clause (b) of sub-section (2) declares before a Magistrate specially empowered by the Government in this behalf that as a result of a careful enquiry into the subject, he believes that such vaccination or inoculation will be injurious to his health or the health of the child, as the case may be, the Magistrate may, after giving notice to the Health Officer and hearing any representations made by him or on his behalf, exempt such person or child from vaccination or inoculation on Condition of the person aforesaid undertaking to subject himself and the members of his family to isolation of such description and for such period and to such further restrictions, if any, as may be directed by the Magistrate:

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

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

(4) The local authority or the Government may, in its discretion, give compensation to any person who, in its opinion, has sustained substantial loss by the destruction of any property under

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(2) No person shall, without the sanction in writing of an officer of the Public Health Department of the Government or of the local authority concerned not below the rank of Health or Sanitary Inspector, retain in any premises (elsewhere than in a public mortuary) for more than twelve hours the body of any person who has died while suffering from any notified disease.

(3)
:(a) If any such body (not being a body kept in a mortuary) remains undisposed of for more than twelve hours without the sanction referred to in sub-section (2), or

:if the dead body of any person is retained in any building so as to endanger the health of the inmates of such building or of any adjoining or neighboring building,

:any Magistrate may, on the application of any officer referred to in sub-section (2), order the body to be removed and disposed of within a specified time.

:(b) Any Magistrate may, in the case of the body of a person who has died While suffering from a notified disease, or in any other case in which he considers the immediate disposal of the body necessary, direct the body to be disposed of, unless the friends or the relatives of the deceased undertake the disposal of the body within a time specified in the order.

:(c) The expenses of the removal and disposal of any body under clause (a) or clause (b) shall be borne by the local authority; but such expenses may be recovered as if it were a tax due to the local authority from any person who would have been legally liable therefore but for such removal and disposal, unless, in the opinion of the local authority, he is too poor to do so.

(4)
:(a) If any person dies in a hospital or a place of temporary accommodation for the sick, while suffering from a notified disease, and the Health Officer certifies that, in his opinion, it is desirable, in order to prevent the spread of infection, that the body should not be removed from such hospital or place except for the purpose of being taken direct to a burial or burning ground or a crematorium for being forthwith buried or cremated, no person shall remove the body from the hospital or place except for such a purpose.

:(b) When the body is removed for the purpose aforesaid, it shall forthwith be taken direct to a burial or burning ground or a crematorium and there buried or cremated with the least practicable delay.

(5) Without the permission of the Health Officer or a Magistrate, no person shall cause or permit to be carried in a public or private conveyance the dead body of any person who has died while suffering from cholera, small-pox or plague.

===== '''73. Power of Magistrate to prohibit an assembly of more than fifty persons.-''' =====
In the event of the prevalence of a notified disease in any local area, on the application of the Health Officer, any Magistrate, not being a Magistrate of the third class having local jurisdiction shall have power to prohibit either generally or by special order in any individual case, assemblages Consisting of any number of persons exceeding fifty in any place whether public or private or in any circumstances or for any purpose if in his opinion such assemblages in Such place in such circumstances or for such purpose, would be likely to become a means of spreading the disease or of rendering it more virulent.

===== '''74. Power of Government to confer special powers on officers to control notified diseases.-''' =====
(1)
:(a) In the event of the prevalence or threatened outbreak of a notified disease in any place or area, the Government may declare, that such place or area is visited by or threatened with an outbreak of such diseases.

:(b) The power conferred on the Government by clause (a) may subject to the Control of the Government also be exercised by the Collector in respect of a place or area within his district.

:(c) Any declaration made by the Government under clause (a) or withdrawal thereof in whole or in part shall be published in the Gazette and shall come into operation on the date of such publication.

:(d) Any declaration made by the Collector under clause (b) or withdrawal thereof in whole or in part shall be published in the Gazette, and shall come into operation on the date of such publication.

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===== '''69. Prohibition of the exposure of other persons to infection.-''' =====
(1) No person who knows that he is suffering from a notified disease shall expose other persons to the risk of infection by his presence or conduct in-

:(a) any street or public place, or

:(b) any market, theatre or other place of entertainment or assembly, or

:(c) any school, college, playground or such other place, or

:(d) any hotel, hostel, boarding house, choultry, rest house or club, or

:(e) any factory or shop, or

:(f) any public bathing place, or

:(g) any other place of public resort.

'''Explanation.-'''A person shall be deemed to know that he is suffering from a notified disease within the meaning of this sub-section if he has been informed by the Health Officer or any other officer of the Public Health Department of the Government or of a local authority, not below the rank of Health or Sanitary Inspector, or a medical practitioner, that he is so suffering.

(2) No person who has the care of a person whom he knows to be suffering from a notified disease shall cause or permit that person to expose others to the risk of infection by his presence or conduct in any place referred to in sub-section (1).

===== '''70. Forbidding work in infected premises.-''' =====
(1) If a case of notified disease occurs on any premises, the Health Officer may, whether the person suffering from the disease has been removed from the premises or not, make an order forbidding any Work to which this section applies, to be given out to any person living or working on those premises or in such part thereof as may be specified in the order, and any order so made be served on the occupier of the factory from which the Work is given out or on any contractor employed by such occupier.

(2) An order under this section may be expressed to be operative for a specified time or until the premises or any part thereof specified in the order have been disinfected to the satisfaction of the Health Officer, or may be expressed to be inoperative so long as any other reasonable precautions specified in the order are taken.

(3) The Section applies to the making, cleaning, washing, altering, ornamenting, finishing or repairing of Wearing apparel and any work incidental thereto, and to such other classes of work as may, from time to time, be notified by the Director of Health Services.

===== '''71. Prohibition of use of public library by infected person.-''' =====
(1) No person who knows that he is Suffering from a notified disease shall take any book or newspaper, or cause any book or newspaper to be taken for his use, or use any book or newspaper taken, from any public or circulating library.

(2) If a person develops a notified disease while he is in possession of any such book or newspaper, he shall cause it to be disinfected before it is returned to the library.

(3) For the purposes of this section-

:(a) "public library” shall include public reading room;

:(b) "book" shall include every volume, part or division of a volume, pamphlet and leaflet in any language and every sheet of map, chart, or plan separately printed, lithographed or otherwise mechanically produced; and

:(c) "newspaper” shall mean any periodical work containing public news or comments on public news.

===== '''72. Disposal of bodies of persons dying while suffering from notified disease.-''' =====
(1) No person having the charge or control of the body of any person who has died while suffering from a notified disease shall permit or suffer persons to come unnecessarily into contact with, or proximity to, the body.

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===== '''65. Closure of lodging houses.-''' =====
If, on the application of the Health Officer, a Magistrate (not being a Magistrate of the third class) is satisfied that it is necessary in the interests of public health that a lodging house or any place where articles of food are sold, or prepared, stored, or exposed for sale, or distributed, should be closed on account of the existence or recent occurrence in such lodging house or place of a case of notified disease, the Magistrate may, by order, direct it to be closed until the expiry of such period as may be specified in the order or until it is certified by the Health Officer to be free from infection.

===== '''66. Infected cloth not to be sent to laundry.-''' =====
No person shall-

(1) sent or take to any laundry or public wash house or any public water-course, tank or well, for the purpose of being washed, or to any place for the purpose of being cleansed, any clothing, bedding or other article which he knows to have been exposed to infection from any notified disease, unless such article has been disinfected by or to the satisfaction of the Health Officer, or a medical practitioner, or unless under instructions from such a person it is sent with proper precautions to a laundry for the purpose of disinfection with notice that it has been exposed to infection; or

(2) place or cause or permit to be placed in any dustbin or other receptacle for the deposit of refuse any matter which he knows to have been exposed to infection from a notified disease and Which has not been disinfected.

===== '''67. Infected persons not to use public conveyance.-''' =====
(1) No person who knows that he is suffering from a notified disease shall-

:(a) enter any public conveyance used for the conveyance of passengers at separate fares, or

:(b) enter any other public conveyance, without previously notifying the owner, driver or conductor thereof that he is so suffering.

(2) No person having the care of a person whom he knows to be suffering from a notified disease shall permit that person to be carried-

:(a) In any public conveyance used for the conveyance of passengers at separate fares, Or

:(b) in any other public conveyance, without previously notifying the owner, driver or conductor thereof that the person is so suffering.

(3) The owner, driver or conductor of a public conveyance used for the Conveyance of passengers at separate fares shall not convey therein a person whom he knows to be suffering from a notified disease, at any time when a passenger not suffering from such disease is being conveyed therein:

Provided that a person suffering from a notified disease may be Conveyed in the public conveyance aforesaid, in such case of emergency and subject to such restrictions and safeguards as may be notified by the Government.

(4) The owner or driver of any other public conveyance may refuse to convey therein any person suffering from a notified disease until he has been paid a sum sufficient to cover any loss and expense which will be incurred by reason of the provision of the next succeeding sub-section.

(5) If a person Suffering from a notified disease is conveyed in a public Conveyance the person in charge thereof shall, as soon as practicable, give notice to the Health Officer or other notified officer of the area in which the conveyance is usually kept and before permitting any other person to enter the conveyance shall cause it to be disinfected.

(6) The local authority, when so requested by the person in charge of a public Conveyance in which a person suffering from a notified disease has been conveyed shall provide for its disinfection.

===== '''68. Letting or sub-letting a building occupied by an infected person.-''' =====
No person shall, without a special permit from the Health Officer, let or sub-let or permit or suffer any prospective tenant to enter a building in which he knows or has reason to know that a person has been suffering from a notified disease within the three months immediately preceding.

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===== '''61. Occupation of houses to prevent the spread of infection.-''' =====
(1) The Health Officer may, in case of emergency, with the sanction of the Collector, enter upon, OCCupy and use, or 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 building or place which, in the opinion of the Health Officer, is required, and is suitable for any purposes connected with the prevention or Control of infection from a notified disease:

Provided that, if the building or place is occupied, notice shall be given in Writing to the occupant or be conspicuously affixed on such building or place, not less than forty-eight hours before it is entered upon.

(2) The owner or lessee of such building or place 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.

(3) The compensation fixed under sub-section (2) shall be paid by the local authority concerned.

(4) The Health Officer shall, when any such building or place ceases to be occupied or used for any of the purposes aforesaid, cause it to be thoroughly disinfected and cleansed.

===== '''62. Information regarding notified diseases-''' =====
Every medical practitioner who, in the course of his practice, becomes cognizant of the existence of any notified disease in any private or public dwelling other than a public hospital, and every manager of any factory or public building, every keeper of a lodging house, every head of a family and every owner or Occupier of a house, who knows or has reason to believe that any person in any premises under his management, control or occupation is suffering from, or has died of, a notified disease, shall, if the case has not been already reported, give information of the same with the least practicable delay-

:(a) in urban local areas, to the executive authority, the Health Officer or a Sanitary Inspector; and

:(b) in other areas, to the Health Officer, a Health or Sanitary Inspector, Sanitary Assistant or Conservancy Overseer.

===== '''63. Power of entry of local officers to take preventive measures.-''' =====
(1) The Health Officer or an officer not below the rank of a Sanitary Inspector authorised by him in this behalf may-

:(a) at all reasonable hours, inspect with or without assistance any place in which any notified disease is reported or Suspected to exist, without notice in the case of factories, workshops, workplaces, offices, business places and the like and after giving such notice as may appear to him reasonable in other cases including dwelling houses, and

:(b) take such measures as he may consider necessary to prevent the spread of such disease beyond such place.

(2) The powers Conferred by sub-section (1) on the Health Officer may in any local area be exercised also by the executive authority or an officer not below the rank of Sanitary Inspector authorised by such authority.

===== '''64. Destruction of hut or shed to prevent spread of infection.-''' =====
(1) If it appears to the Health Officer that the destruction of any hut or shed is necessary to prevent the spread of any notified disease, he may, after giving to the owner and the occupier of such hut or shed such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.

(2) Such compensation as the local authority may consider reasonable shall be paid within thirty days to any person who sustains loss by the destruction of any hut or shed under the powers conferred by Sub-section (1) but, save as provided in this sub-section, no claim for compensation shall lie for any loss or damage caused by any exercise of the powers aforesaid.

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:(a) obstructs the removal of any person to any hospital or other place under sub-section (1); or

:(b) leaves or takes away any person from any such hospital or place in contravention of sub-section (3), shall be punished with imprisonment which may extend to three months, or with fine not exceeding one hundred rupees or with both.

===== '''57. Prohibition of the exposure of other persons to infection.-''' =====
(1) No person who knows that he is suffering from an infectious disease not specified in Part II of this Chapter shall expose other persons to the risk of infection by his presence or conduct in -

:(a) any market, theatre or other place of entertainment or assembly, or

:(b) any School, College, play ground or such other place, or

:(c) any hostel, hotel, boarding house, choultry, rest-house or club, or

:(d) any factory or shop, or

:(e) any public Conveyance, or

:(f) any public bathing place, or

:(g) any other place of public resort.

'''Explanation.-'''A person shall be deemed to know that he is suffering from an infectious disease within the meaning of this sub-section if he has been informed by the Health Officer or any other officer of the Public Health Department of the Government or a local authority, not below the rank of Health or Sanitary Inspector or a medical practitioner, that he is so suffering.

(2) No person who has the care of a person whom he knows to be suffering from an infectious disease not specified in Partill of this Chapter shall cause or permit that person to expose others to the risk of infection by his presence or conduct in any place referred to in sub-section (1).

===== '''58. Infected persons not to engage in certain trades and occupations.-''' =====
No person shall, while suffering from, or in circumstances in which he is likely to spread, any infectious disease-

:(a) make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food for human consumption; or

:(b) engage in any other occupation in a manner likely to carry infection to others without a special permit from the Health Officer of the local authority concerned or otherwise than in accordance with the conditions specified therein.

===== '''59. Prevention of infectious disease transmissible from animals.-''' =====
If in any local area, any infectious disease transmissible to man breaks out or is in the opinion of the Health Officer likely to break out, amongst cattle, or other animals, it shall be the duty of the Health Officer to recommended to the local authority the adoption of such measures as he may deem necessary for Suppressing or mitigating the disease or for preventing the Outbreak or threatened outbreak thereof; and the local authority shall consider such recommendations and take such action thereon as to it may seem suitable.

===== '''PART II - Notified infectious Diseases''' =====

'''60. Notified diseases.-''' In this, part, "notified diseases" means-

:(a) anthrax, (b) chickenpox, (c) cholera

:(d) diphtheria, (e) enteric fever, (f) malaria

:(g) measles, (h) mumps, (i) plague,

:(j) rabies, (k) small-pox, () tuberculosis infective types,

:(m) whooping Cough, and

:(n) any other disease which the Government may, from time to time, by notification, declare to be a notified disease for the purpose of this Part either generally throughout the State or in such part or parts thereof as may be specified in the notification.

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(2) A local authority shall not be deemed to have discharged its obligation under sub-section (1) unless the hospitals, wards or places or reception in question are maintained in accordance with such general or special orders as may, from time to time, be issued by the Director of Health Services.

===== '''53. Provision of ambulances, etc.-''' =====
A local authority may, and if so required by the 16|Director of Health Services, shall

:(a) provide and maintain suitable conveyances, with sufficient attendants and other requisites, for the free carriage of person suffering from any infectious disease; and

:(b) provide properplaces and apparatus and establishment, for the disinfection of Conveyances, clothing, bedding or other articles which have been exposed to infection:

and when any conveyances, clothing, bedding or articles are brought to any such place for disinfection, may, cause them, at its discretion, to be disinfected, either free of charge, or on payment of such fee as it may fix.

===== '''54. Medical practitioner to give information of certain infectious diseases.-''' =====
Every medical practitioner who in the course of his practice becomes cognizant of the existence of any case of any infectious disease referred to in section 50 in any private or public dwelling other than a public hospital shall, if the case has not been already reported, give information in writing of the same with the least practicable delay-

:(a) in urban local areas, to the executive authority, the Health Officer or a Sanitary Inspector; and

:(b) in other areas, to the Health Officer or a Health or Sanitary Inspector.

===== '''55. Prohibition of the use of water from suspected source.-''' =====
(1) If it appears to the Health Officer that the Water in any tank, well or other place, if used for drinking or any other domestic purpose, is likely to endanger or cause the spread of any infectious disease, he may, by public notice, prohibit the removal or use of the said water, generally or for any specified domestic purpose.

(2) No person shall remove or use any water in respect of which any such notice has been issued, in contravention of the terms thereof.

===== '''56. Removal of infected person to hospital.-''' =====
(1) If the Health Officer is satisfied that any person is Suffering from an infectious disease, and that such person-

:(a)
::(i) is without proper lodging or accommodation, or

::(ii) is lodged in a place occupied by more than one family, or

::(iii) is without medical supervision directed to the prevention of the spread of the disease, or

::(iv) is in a place where his presence is a danger to the people in the neighborhood; and

:(b) should be removed to a hospital or other place at which patients suffering from such disease are received for treatment after taking all reasonable precautions to ensure the safety of the patient in transit,

the Health officer may remove such person or cause him to be removed to such hospital or place.

(2) If any Woman, according to Custom, does not appear in public, is removed to any such hospital or place -

:(i) the removal shall be effected in such way as to preserve her privacy; and

:(ii) Special accommodation in accordance with the custom aforesaid shall be provided
for her in Such hospital or place at the expense of the local authority.

(3) No person shall leave, or be taken away from any hospital or other place referred to in sub-section (1) without the permission of the Medical Officer in charge or of the Health Officer.

(4) whoever

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===== '''CHAPTER VII - Prevention, Notification and Treatment of Diseases''' =====

'''Part I - Infectious diseases in General'''

===== '''50. Infectious diseases.-''' =====
For the purpose of this part "infectious disease" means-

{|
|-
| (a) acute influenza pneumonia || || || (b) anthrax
|-
| (c)cerebro-spinal fever || || || (d) chikenpox
|-
| (e)chlorea || || || (f)diphtheria
|-
| (g)dysentry || || || (h)enteric fever
|-
| (i)malaria || || || (j)measels
|-
| (k)mumps || || || (l)ophthalmia
|-
| (m)plauge || || || (n)poliomyelitis
|-
| (o)rabies || || || (p)relapsing fever
|-
| (q)small-pox || || || (r)tuberculosis (infective types)
|-
| (s)typhus || || || (t)whooping cough
|-
| (u)yaws, or || || ||
|}

(v) any other disease which the Government may, from time to time, by notification, declare to be an infectious disease either generally throughout the State or in such part or parts thereof as may be specified in the notification.

===== '''51. Appointment of additional Health Staff.-''' =====
(1) In the event of the prevalence orthreatened out, break of any infectious disease in any local area, or of any unusual mortality therein, the local authority concerned shall provide such additional staff, medicines, appliances, equipment and other things as may, in the opinion of the Health Officer, be necessary for the treatment of such infectious disease and preventing it from spreading, or for investigating the cause of Such mortality, and preventing it, as the case may be:

Provided that, if the local authority does not agree with the opinion of the Health Officer, the matter shall be referred the Director of Health Services, whose decision shall be final.

(2) In the event aforesaid, if the Health Officer considers that immediate action is necessary in the interests of public health, he may, notwithstanding anything contained in sub-section (1), appoint such additional staff and obtain such medicines, appliances, equipment and other things as may be necessary and the expenses incurred in respect thereof shall be met from the funds of the local authority.

(3) Every appointment made under sub-section (2) shall be reported forthwith to the executive authority and by such authority to the local authority concerned at its next meeting.

===== '''52. Provision and maintenance of isolation hospitals and wards.-''' =====
(1)
:(a) The local authority may, and if so required by the Government shall, provide, or cause to be provided, hospitals, wards or other places for the reception and treatment of persons suffering from infectious diseases.

:(b) For the purpose of the reception and treatment of such persons, a local authority may-

::(i) itself build such hospitals, wards, or place of reception; or

::(ii) contract for the use of any such hospital or part of a hospital or place of reception; or

::(iii) enter into an agreement with any person having the management of any such hospital for the reception and treatment therein of persons suffering from infectious diseases.

:(c) For the purpose aforesaid, two or more local authorities may in combination provide
a common hospital or place of reception.

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(2) A local authority selling any materials under sub-section (1) shall pay the sale proceeds to the person to whom the materials belonged after deducting therefrom the amount of any expenses recoverable from him by such authority.

(3) The provisions of this section shall not apply to any offensive matter removed by a local authority under the Act governing such authority.

===== '''46. Powers of entry and inspection.-''' =====
The executive authority or any officer of the Public Health Department of the Government or of the local authority, not below the rank of Health or Sanitary Inspector, may enter and inspect any premises for the purpose of enforcing any of the provisions contained in this Chapter:

Provided that-

:(a) no such entry shall be made between sunset and sunrise except when a nuisance is caused by anything done or omitted to be done in the premises between sunset and sunrise;

:(b) no dwelling house shall be so entered without the consent of the occupier thereof, unless he has received at least twenty-four hours' previous notice of the intention to make such entry;

:(c) sufficient notice shall in every case be given to enable the inmates of any apartment appropriated to woman to withdraw to some part of the premises where their privacy may be preserved; and

:(d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry, to the Social and religious usages of the persons residing in the premises.

===== '''47. Power of Government in case of default by local authority.-''' =====
If the local authority or its Health Officer makes default in doing its or his duty under this Act, in regard to the abatement or prevention of nuisances, the Government may authorise any of their officers to perform such duty and for that purpose to exercise any specified powers of the local authority or of its Health Officer or of both in the local area concerned and the expenses incurred by such officers shall be met from the funds of the local authority.

===== '''48. Nuisance caused by act of omission outside local area.-''' =====
If a nuisance under this Act within or affecting any part of a local area appears to be wholly or partly caused by some act or default committed or taking place outside such local area, the local authority may, after consulting the Director of Health Services take or cause to be taken against any person in respect of such act or default any proceedings in relation to nuisance authorised by this Act in the like cases and with like incidents and Consequences as if the act or default were Committed or took place wholly within such local area.

===== '''49. Prohibition of the deposit of rubbish etc., in street etc.-''' =====
(1) No person shall deposit or cause or suffer any member of his family or household to deposit any carcasses of animals, any dust, dirt, dung, ashes or refuse or filth of any kind, any animal matter, any broken glass, earthernware or other rubbish, or any other thing which is or may be a nuisance, in any street or any drain beside a street or on any, space (not being private property) or on any quay, jetty or landing place, wharf or on any part of the seashore, or on the bank of any water-course, except in such receptacles as may be provided or at such place, in such manner and at such hours, as may be fixed by the Health Officer.

(2) No person shall ease himself, or cause, permit or suffer any member of his family or house-hold to ease himself in any such street, drain, open space, quay, jetty, landing place, Wharf, seashore or bank aforesaid,

(3) Any person easing himself in any private open space shall immediately cover up the excreta with earth.

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(5) any factory (not being a factory governed by the provisions of the Factories Act, 1948), Workshop or Workplace, which is not provided with sufficient means of ventilation or in which sufficient ventilation is not maintained, or which is not kept clean or not kept free from noxious effluvia or which is so overcrowded while work is carried on as to be prejudicial to the health of those employed therein:

(6) any fireplace or furnace which does not, as far as practicable, consume the smoke arising from the combustible used therein, and which is used for working engines by steam, or in any mill, factory, dye-house, brewery, bake-house or gaswork or in any manufacturing or trade process whatsoever,

(7) any chimney sending forth smoke in such quantities as to be a nuisance; and

(8) any noise, vibration, dust, cinders, irritating smell or offensive odour produced by a factory, workshop or workplace which is nuisance to the neighborhood.

===== '''40. Detection of nuisance.-''' =====
Every local authority shall-

:(a) cause its local area to be inspected from time to time with a view to ascertain what nuisances exist therein calling for abatement under the powers conferred on Such authority by this Act; and

:(b) enforce the provisions of this Act in order to abate such nuisances.

===== '''41. Information regarding nuisance.-''' =====
Any person aggrieved by a nuisance in any local area may give information of the same to the Health Officer or any other officer of the public health establishment of the local authority.

===== '''42. Power of Health Officer to abate nuisance.-''' =====
If the Health Officer is satisfied, whether upon information given under section 41 or otherwise, of the existence of a nuisance he may, by notice, require the person by whose act, default or sufferance the nuisance arises or continues or if that person cannot be found, the owner or occupier of the premises on which the nuisance arises or continues to abate the nuisance and to execute such works and take such steps as may be necessary for that purpose:
Provided that-

:(a) where the nuisance arises from any defect of a structural character, the notice shall be served on the owner of the premises; and

:(b) where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or the occupier of the premises, the Health Officer may himself forthwith do what he considers necessary to abate the nuisance and to prevent a recurrence thereof.

===== '''43. Power of local authority to abate nuisance.-''' =====
If the person on whom notice to abate a nuisance has been served under section 42 makes default in complying with any of its requirements within the time specified therein, or if the nuisance although abated within such time, is in the opinion of the local authority, likely to recur on the same premises, the local authority may arrange for the execution of any works necessary to abate the nuisance or to prevent its recurrence, as the case may be, and may recover the cost from such person as if it were a tax due to the local authority.

===== '''44. Provision regarding house rendered unfit for occupation by reason of nuisance.-''' =====
Where a house or other building is, in the opinion of the Health Officer, unfit for human habitation by reason of a nuisance existing therein, he may apply to a Magistrate (not being a Magistrate of the third class) to prohibit the use of such house or building for human habitation until it is rendered fit therefor.

===== '''45. Disposal of articles removed while abating nuisance.-''' =====
(1) A local authority may sell any materials which have been removed by it from any premises (including any street), when executing works under this Chapter of otherwise carrying into effect, the provisions thereof, if such materials are not claimed and taken away by the owner before the expiration of seven days from the date on which they were removed by the local authority.

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pollute the water therein, the solid refuse of any manufactory, manufacturing process or quarry or any rubbish or cinders or any other waste or putrid solid matter, or

(3) Commit nuisance in or in the neighborhood of any Water-Course.

===== '''CHAPTER V - Sanitary Conveniences''' =====
=====
'''35. Obligation of local authority to provide public sanitary conveniences.-''' =====
Every local authority shall provide and maintain in proper and convenient places a sufficient number of sanitary conveniences for the use of the public and cause all such places to be kept in proper order so as not to be a nuisance or injurious to health.

===== '''36. New houses to be provided with sanitary conveniences.-''' =====
If in any local area any building intended for human habitation is constructed or is reconstructed after being pulled down to or below the ground floor, the owner thereof shall provide such sanitary Conveniences and in such positions as the Health Officer may, by notice, require.

===== '''37. Additional sanitary conveniences.-''' =====
(1) If any building intended for human habitation is without any sanitary convenience or if, in the opinion of the Health Officer, the sanitary Convenience or conveniences provided therein are insufficient, having regard to the number of persons occupying the building or are insufficient, or are objectionable on sanitary grounds he may, by notice, require the owner of such building-

:(a) to provide such sanitary conveniences or such additional sanitary Conveniences and in such positions as may be specified in the notice; or

:(b) to make such structural or other alterations as may be specified in the notice.

(2) Every owner of the ground on which a group of six or more huts stands shall provide such latrine accommodation, in such positions, and within such time as the Health Officer may by notice require, for the use of the inhabitants of such group of huts.

===== '''38. Mode of construction of latrines.-''' =====
(1) All latrines shall-
:(a) be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighborhood; and

:(b) be maintained, repaired, altered and used in accordance with the rules and bye-laws made under this Act.

(2) If any latrine opening on any street, whether such latrine be erected before or after the commencement of this Act, is so placed or constructed as to be a nuisance or offensive to public decency, the Health Officer may, by notice, require the owner to remove it or to carry out such improvements therein and within such time as may be specified in the notice.

(3) When any latrine is used in common by the occupiers of two or more premises or by the members of two or more families, no person shall injure or improperly foul any such latrine or anything used in connection therewith.

===== '''CHAPTER VI Abatement of nuisances''' =====

===== '''39. Certain things to be nuisances.-''' =====
Without prejudice to the generality of the definition of the expression "nuisance" contained in Clause (27) of Section 2, the following shall be deemed specially to be nuisances for the purposes of this Chapter:-

(1) any premises in such a state as to be prejudicial to health or a nuisance;

(2) any pond, pool, ditch, gutter, Water-course, Water-through, latrine, cesspool, drain or ash-pit which is so foul or in such a state as to be prejudicial to health or a nuisance;

(3) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

(4) any accumulation or deposit or refuse or other matter which is prejudicial to health or a nuisance,

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:(a) to pave the same with such material and in such manner as may be approved by the Health Officer and to keep such paving in proper repair, or

:(b) to raise the level of such court-yard, alley, lane, passage or open space.

'''Explanation.-'''
it shall be open to the Health Officer to require that in any case both the measures specified in Clauses (a) and (b) of this section shall be taken.

===== '''30. Construction and closure of Cesspool.-''' =====

(1) No person shall construct a cess-pool-

(a) beneath any part of any building or within fifty feet of any tank, reservoir, water-course or well or within such other distance therefrom as the Health Officer may consider to be practicable having regard to the circumstances of the locality; or

(b) within any local area, or outside such area but within three hundred feet of any reservoir used for the storage of filtered water to be supplied to such area except upon a site and in a position which have been approved in Writing by the Health Officer.

(2) The Health Officer may, at any time, by notice, require any person within whose premises any Cesspool is constructed in contravention of sub-section (1) to remove such cesspool or to fill it up with such material as may be approved by him.

===== '''31. Prohibition of occupation of new building without drains.-''' =====
No owner of any building constructed or reconstructed after the commencement of this Act in any urban local area shall occupy or cause or permit it to be occupied, until he has obtained a certificate from the Health Officer that the building has been provided with sufficient means of drainage:

Provided however that if an application has been made for a certificate and that no such certificate has been granted within a period of ten days, the owner may occupy the building or cause or permit it to be occupied.

===== '''32. Sullage or sewage not to be let out into streets.-''' =====
No person having control over any building or land shall cause or allow-

:(a) the water of any sink, sewer, latrine or sanitary convenience or any other liquid or other matter which is or is likely to become offensive, to run or drain into or to be thrown or put upon any street or open Space or to soak through any external wall, or

:(b) any offensive matter from any sewer, latrine or sanitary convenience, to run, drain or be thrown into a surface drain in any street.

===== '''33. Injurious refuse not to be discharged into public drain.-''' =====
No person shall, save as may be generally or specially prescribed, throw, empty or turn, or Suffer or permit to be thrown, emptied or turned, or to pass, into any public drain, or into any drain Communicating with a public drain-

:(a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of such contents; or

:(b) any liquid being refuse or steam or other liquid which is, either alone or in common with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to health; or

:(c) any explosive or inflammable Substance.

===== '''34. Pollution of water-courses prohibited-''' =====
No person shall, save as may be generally or specially prescribed-

(1) put or cause to be put, or cause to fall or flow or be carried, or knowingly permit to be put or to fall or flow or be carried, into any water-course-

:(a) any solid or liquid sewage matter; or

:(b) any poisonous, noxious or polluting liquid proceeding from any manufactory or manufacturing process, or

(2) put or cause to be put, or cause to fall or be carried or knowingly permit to be put or to fall or be carried, into any water-course so as, either singly or in combination with other similar acts of the same or any other person, to interfere with the due flow of such water-course, or to

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far as the funds at its disposal may permit, provide and maintain a sufficient and satisfactory system of public drains for the effectual draining of its local area.

(2) If, in the opinion of the Government, any local area or part thereof should, for any special reason, be provided with a system of public drains, or with any other means of drainage, they may direct the local authority to provide or execute, within such time as may be fixed by them in this behalf, such Words as may be considered necessary by them.

(3) The local authority shall at all times keep in good repair all drains, cesspools and the like vested in or belonging to it.

===== '''26. Power of Health Officer to require drains to be constructed.-''' =====
(1) If any premises are, in the opinion of the Health Officer, without sufficient means of effectual drainage, he may, by notice, direct the owner of such premises to construct a drain leading therefrom to the nearest public drain or other place set apart by the focal authority for the discharge of sewage:

Provided that-

:(a) the cost of Constructing that portion of the drain which if situated more than ten feet from the said premises shall be paid from out of the funds of the local authority concerned, and

:(b) if, in the opinion of the Health Officer, there is no public drain or other place set apart for the discharge of sewage within a reasonable distance of Such premises, he may, by notice, require the owner of the premises to construct

::(i) a closed cesspool, tank, filter or other work of such material, size and description, as he may direct, and

::(ii) a house drain communicating with such closed cesspool, tank, filter or other Work.

(2) Where, by reason of a local authority changing its system of drainage or undertaking a new system of drainage, it becomes necessary for the owner of any premises to reconstruct or alter any drain, the cost of the reconstruction or alteration of such drain shall be borne wholly by the local authority, or wholly by the owner, or partly by the local authority, and partly by the owner, in accordance with such rules as may be prescribed.

===== '''27. Drains in private streets-''' =====
Where a house drain belonging to one or more premises has been laid in any private street which is common to more than one premises and the Health Officer considers it desirable that any other premises should be drained into such drain, he may, by notice, require the owner of such premises to connect his house-drain with such first mentioned drain and the owner or owners of such first-mentioned drain shall thereupon be bound to permit such connection to be made:

Provided that no such Connection shall be made-

:(a) except upon such terms as may be mutually agreed upon between or among the owners concerned, or

:(b) in default of such agreement, except upon such terms as may be laid by the local authority and in particular, until any payment which may be directed by the local authority to be made to the owner or owners concerned has been duly made.

===== '''28. Drainage for huts.-''' =====
(1) Drains for the drainage of huts shall be of such size and description, and be constructed of such materials as may be considered by the Health Officer to be practicable having regard to the circumstances of the locality and the position of the nearest public drain or other place set apart by the local authority for the discharge of sewage.

(2) If the Health Officer considers that a new drain should be constructed for the benefit of the occupants of any hut, he may, by notice, require the owner of the land on which such hut stands to construct such drain and such owner shall construct such drain, and cause it to be cleansed and repaired to the satisfaction of the Health Officer.

===== '''29. Drainage of court-yard, alley, passage, etc.-''' =====
For the purpose of efficiently draining any land or building, the Health Officer may, by notice, require the owner of any Court-yard, alley, lane, passage or open space-

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proceed to execute the work specified in such notice; and all the expenses incurred in respect thereof by the Health Officer shall be paid by the owner of, or person having control over, such Source of Water-Supply, and shall be recoverable as if it were a tax due to the local authority concerned:

Provided that in the case of any private source the water of which is used by the public or by any section of the public as of right, the expenses which have been incurred by the Health Officer or which, in the opinion of the local authority have been necessarily incurred by the owner of, or person having Control over, the source of Water-supply shall be paid from the funds of the local authority.

===== '''23. Levy of water-tax and ear-marking the proceeds for water-works.-''' =====
(1) Any local authority may, with the previous Sanction of the Government and shall, if so directed by them, levy within its area or any part thereof any tax which may be necessary for providing water-supply in such area or part.

(2) Any tax levied under sub-section (1) may be a new tax levied on such basis, assessed and realised in Such manner as may be sanctioned or directed by the Government or may be a tax or additional tax levied under any head of taxation specified in any law for the time being in force governing the local authority concerned in which case all the provisions of such law relating to the incidence, assessment or realisation of a tax under such head or in any manner connected therewith shall be applicable to the tax, or additional tax, with such modifications and restrictions, if any, as may be prescribed.

(3)
:(a) The rate at which any tax may be levied under this section shall be determined by the local authority with the previous sanction of the Government in case the tax is levied by the local authority of its own motion and by the Government in case the tax is levied at their direction.

:(b) The local authority may, with the previous sanction of the Government and shall if so directed by them, alter the rates at which any such tax is to be levied.

(4)
:(a) Every local authority levying a tax under this section shall earmark the net revenue therefrom for expenditure on the execution, maintenance and improvement of works of water supply, in the local area or part thereof within which it is levied.

:(b) Such revenue shall be expended in accordance with such orders as may be issued by the Government in this behalf.

(5) Nothing contained in this section shall be deemed to affect the power of the Corporation of Trivandrum to levy a water and drainage tax under section 95 of the Trivandrum City Municipal Act, or of any municipality governed by the Travancore District Municipalities Act, 1116, to levy water and drainage tax under section 80 of that Act, or of any municipality governed by the Cochin Municipal Act, XVIII of 1113 to levy a water and drainage tax under section 74 of that Act.

===== '''24. New house not to be occupied without adequate water supply.-''' =====
No Owner of any dwelling house which may be constructed or reconstructed after the commencement of this Act in any urban local area shall occupy it or cause or permit it to be occupied until he has obtained a certificate from an officer of the Public Health Department of the local authority concerned, not below the rank of Health or Sanitary Inspector, that there is within the house or within a reasonable distance therefrom, a supply of wholesome water sufficient for the domestic purposes of the inmates of the house:

Provided however that if an application has been made for a certificate and that no such certificate has been granted within a period often days, the owner may occupy the building or cause or permit it to be occupied.

===== '''CHAPTER IV - Drainage''' =====

===== '''25. Local authority to maintain public drains.-''' =====
(1) Every urban local authority shall, so

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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.

=====__TOC__ '''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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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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