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Panchayat:Repo18/vol1-page1086

2018-02-01T06:06:51Z

Saritha:

==*കേരള നദീതീര സംരക്ഷണവും മണൽവാരൽ നിയന്ത്രണവും ചട്ടങ്ങൾ, 2002==
===2001-ലെ കേരള നദീതീര സംരക്ഷണവും മണൽവാരൽ നിയന്ത്രണവും ആക്റ്റ് (2001-ലെ 18-ാം ആക്റ്റ്) 26-ാം വകുപ്പ് പ്രകാരം നല്കപ്പെട്ട അധികാരങ്ങൾ വിനിയോഗിച്ച് കേരള സർക്കാർ താഴെ പറയും പ്രകാരം ചട്ടങ്ങൾ ഉണ്ടാക്കുന്നു. അതായത്:-===
ചട്ടങ്ങൾ

(1) ഈ ചട്ടങ്ങൾക്ക് 2002-ലെ കേരള നദീതീര സംരക്ഷണവും മണൽ വാരൽ നിയന്ത്രണവും ചട്ടങ്ങൾ എന്നു പേർ പറയാം.
(2) ഇവ ഉടൻ പ്രാബല്യത്തിൽ വരുന്നതാണ്.
====2. നിർവ്വചനങ്ങൾ.-====
ഈ ചട്ടങ്ങൾ സന്ദർഭം മറ്റു വിധത്തിൽ ആവശ്യപ്പെടാത്ത പക്ഷം:-
(എ) “ആക്റ്റ്' എന്നാൽ 2001-ലെ കേരള നദീതീര സംരക്ഷണവും മണൽവാരൽ നിയന്ത്ര ണവും ആക്റ്റ് (2001-ലെ 18-ാം ആക്റ്റ്) എന്നർത്ഥമാകുന്നു;

(ബി) 'റിവർ മാനേജ്മെന്റ് ഫണ്ട്" എന്നാൽ ആക്റ്റിലെ 17-ാം വകുപ്പ് പ്രകാരം ഈ ചട്ടങ്ങളിലെ വ്യവസ്ഥകൾ പ്രകാരവും രൂപീകരിച്ച റിവർ മാനേജ്മെന്റ് ഫണ്ട് എന്നർത്ഥമാകുന്നു;

(സി) “റവന്യൂ ഡിവിഷണൽ ഓഫീസർ' എന്നാൽ റവന്യൂ വകുപ്പിലെ റവന്യൂ ഡിവിഷണൽ ഓഫീസർ എന്നർത്ഥമാകുന്നു;

(ഡി) 'തഹസീൽദാർ’ എന്നാൽ റവന്യൂ താലൂക്കിന്റെ ചുമതലയുള്ള തഹസീൽദാർ എന്നർത്ഥമാകുന്നു;

(ഇ) ഈ ചട്ടങ്ങളിൽ ഉപയോഗിച്ചിട്ടുള്ളതും പക്ഷേ നിർവചിച്ചിട്ടില്ലാത്തതും എന്നാൽ ആക്റ്റിൽ നിർവചിച്ചിട്ടുള്ളതുമായ വാക്കുകൾക്കും പ്രയോഗങ്ങൾക്കും യഥാക്രമം ആക്റ്റിൽ അവയ്ക്ക് നൽകിയിട്ടുള്ള അർത്ഥമുണ്ടായിരിക്കുന്നതാണ്.

====3. ജില്ലാ വിദഗ്ദ്ധ സമിതികളുടെ യോഗങ്ങൾ.-====
(1) ജില്ലാ വിദഗ്ദ്ധ സമിതിയുടെ യോഗം അതിന്റെ ചെയർമാൻ നിശ്ചയിക്കുന്ന സ്ഥലത്തും സമയത്തും കൂടേണ്ടതാണ്.

(2) യോഗത്തിന്റെ അജണ്ട ജില്ലാ വിദഗ്ദ്ധ സമിതിയുടെ ചെയർമാനുമായി ആലോചിച്ച സമിതിയുടെ കൺവീനർ തയ്യാറാക്കേണ്ടതാണ്.

(3) യോഗത്തിന്റെ പരിഗണന ആവശ്യമുള്ളതായി ചെയർമാൻ നിർദ്ദേശിക്കുന്ന വിഷയങ്ങൾ അജണ്ടയിൽ ഉൾപ്പെടുത്തേണ്ടതാണ്.

(4) യോഗസ്ഥലവും തീയതിയും സമയവും യോഗത്തിൽ ചർച്ച ചെയ്യേണ്ട വിഷയങ്ങളും സംബന്ധിച്ച നോട്ടീസ് യോഗം തുടങ്ങുന്നതിന് നിശ്ചയിച്ചിട്ടുള്ള തീയതിക്ക് മൂന്ന് പൂർണ്ണ ദിവസങ്ങൾക്ക് മുമ്പ് എങ്കിലും എല്ലാ അംഗങ്ങൾക്കും നൽകിയിരിക്കേണ്ടതാണ്.

(5) നിശ്ചിത യോഗത്തിന് നൽകിയിട്ടുള്ള അജണ്ടയിൽ ഉൾപ്പെടുത്തിയിട്ടില്ലാത്ത യാതൊരു വിഷയവും ആ യോഗത്തിൽ പരിഗണിക്കുവാൻ പാടില്ലാത്തതാകുന്നു.

(6) (1)-ാം ഉപചട്ടത്തിൽ എന്തുതന്നെയടങ്ങിയിരുന്നാലും, ജില്ലാ വിദഗ്ദ്ധ സമിതിയിൽ തത്സമയം നിലവിലുള്ള അംഗസംഖ്യയുടെ മൂന്നിലൊന്നിൽ കുറയാത്ത അംഗങ്ങൾ സമിതിയുടെ യോഗം വിളിച്ചുകൂട്ടണമെന്ന് ചെയർമാനോട് രേഖാമൂലവും ആവശ്യപ്പെടുന്ന പക്ഷം ചെയർമാൻ അപ്രകാരം യോഗം വിളിച്ചുകൂട്ടേണ്ടതാണ്.
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Panchayat:Repo18/vol2-page0200

2018-01-06T07:36:33Z

Saritha: ' THE KERALA CINEMAS (REGULATION) ACT, 1958 1. Short title, extent and Commencement...........................................' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

THE KERALA CINEMAS (REGULATION) ACT, 1958
1. Short title, extent and Commencement............................................................................ 2O1 2. Definitions. ........................................................................................................................ 201 3. Cinematograph exhibitions to be licensed. ...................................................................... 201 4. Licensing authority............................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2O1 5. Restrictions on powers of licensing authority. ................................................................. 2O1 6. Licensing authority to permit construction and reconstruction of buildings, installation of machinery, etc., for cinematograph exhibitions. ....................................... 2O3 7. Power of Government to issue directions. ....................................................................... 2O3 8. Power of licensing authority to issue directions. ............................................................. 2O3 8A. Power to enter place of cinematograph exhibition to inspect licence or to prevent exhibition without licence or in violation of the provisions................................................ 2O3 9. Power of Government or District Collector to suspend exhibition of films in Certain cases.................................................................................................... 204 10. Penalties. .......................................................................................................................... 204 11. Power to revoke licence.................................................................................................... 2O5 12. Power to revise proceeding under the Act........................................................................ 205 12A. Protection of action taken in good faith............................................................................ 205 13. Power to make rules......................................................................................................... 205 14. Power to exempt............................................................................................................... 2O6 15. Repeal. .............................................................................................................................. 2O6
THE KERALA CINEMAS (REGULATION) RULES, 1988
PARTI - General......................................................................................................................... 2O7 1. Short title and Commencement........................................................................................ 2O7 2. Definitions. ........................................................................................................................ 2O7 PART II - Licences. 208
Approval of Building Construction and issue of Licences................................................ 209
Fees................................................................................................................................... 21
Renewals............................................................................................................................ 211
Additions and Alterations to Cinema Premises............................................................... 212
Appeals ............................................................................................................................. 213 PARTIII - Inspection .................................................................................................................... 213 PART IV - Enclosure .................................................................................................................. 215 PART V - Building....................................................................... - 216 PART VI - Health & Sanitation................................................................................................... 219 PART VII - Fire Precautions....................................................................................................... 219 PART VIII - Electrical System.................................................................................................... 221 PARTIX - Seating....................................................................................................................... 222 PART X - Special provisions in the case of certain cinematograph Oxhibitions......................., 223 PARTXil....................................................................................................................................... 223 FORMA o G. 224-229 NOTIFICATION..................................................................................................................... 229-231
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Panchayat:Repo18/vol2-page0199

2018-01-06T07:33:38Z

Saritha: 'For the sake of administrative convenience, and to bring these three items of work which are inter-connected under the sam...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

For the sake of administrative convenience, and to bring these three items of work which are inter-connected under the same agency, the Government now propose to appoint the Director of Panchayats who is the Chief Registrar of Births and Deaths, as the Registrar General of Births, Deaths and Marriages, also, for purposes of Section 48 of the Special Marriages Act, 1954 (Central Act 43 of 1954) and to administer the three enactments now controlling the Registration of marriages viz. (1) The Hindu Marriages Act, 1955 (Act 25 of 1955), (2) The Special Marriage Act (Act 43 of 1954), and the Christian Marriage Act (Act XV of 1872). This notification is intended to achieve the above object. Circular No.B 1-14092/76 dated 3-3-1976. Sub:- The Kerala Hindu Marriage Registration Rules, 1957 - Keeping of report forms - Instructions issued. As per G.O. MS. 246/75/LA & SWD. dated 29th September, 1975 and G.O. MS. 247/75/LA & SWD dated 29th September, 1975 published in Gazette Extraordinary, dated 29th September 1975, Government have appointed the Director of Panchayats as the Registrar General of Marriages to administer the three enactments (viz., The Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Christian Marriage Act) now controlling the Registration of Marriages. The time limit of 15 days fixed under Rule 6 of the Kerala Hindu Marriage Registration Rules, 1957 applies both to compulsory and non-compulsory area. As far as this State is concerned no area is declared as compulsory registration area under the said Rules. As long as the registration is not Compulsory in non-Compulsory area, fixing of a time limit is not in any Way useful for any practical purposes. As the registration is intended for the purpose of facilitating the proof of marriages and of statistics, the application received beyond time limit can also be accepted. But the marriages solemnised before 20th May, 1959, i.e., before the Kerala Marriage Registration Rules came into force need not be registered. It has been noticed that certain Registrars are not maintaining the Marriage registers as laid down in the Kerala Hindu Marriage Registration Rules. This is dereliction of duty and will have to be viewed seriously. All Concerned are requested to maintain the Marriage registers properly as laid down in the said rules. Recently an instance has come to the notice of the Director of Panchayats/ Registrar General of Marriages that the summons from a Court, directing a Registrar of Marriages to produce a particular report of a marriage before the court, could not be complied as the report was found missing. Ultimately the case before the Court was dismissed for want of evidence regarding marriage. Form No.1 regarding the original report about the marriage is an important record and Rule 10(2) of the Kerala Hindu Marriage Registration Rules, 1957 insists that reports have to be filed as a permanent record. In spite of the seriousness given to the records, some of the Executive Offices/ Registrars not taking steps to keep these records properly which results in great hardship to the public. All Registrars are therefore directed, that the reports on marriages for each year must be kept separately and safely with dockets thereon. All these reports along with the Register for the year must be kept in a steel almirah. An index of these registers must also be kept by the Registrars. The Panchayats Inspectors and the District Panchayat Officers will see that these instructions are strictly complied with by the Executive Officers/Registrars of Panchayats. Letter No. 10362/75/DHS., dated 13th September, 1975 of the Director of Health Services. Sub:- Kerala Hindu Marriage Registration Rules, 1975-Duplicates of the marriage reportsForwarding of- Regarding. As per the Hindu Marriage Act, 1955 and the rules framed hereunder the Executive Officers of Panchayats and the Municipal Commissioners are the Local Marriage Registrars in the areas concerned. The Marriage Registrars were already made known to forward duplicate marriage reporting forms to this office, at the end of each month. Only a very few marriage registrars are forwarding it to this office promptly. This causes difficulties in understanding how far the facilities for the registration of marriages are utilised properly. The preparation of the reports incorporating complete and accurate date on registration of marriages also becomes difficult. l, therefore, request you to give directions to them to forward the duplicate copies of marriage reporting forms to this office, promptly. The reporting forms if not sent, may also be requested to be forwarded to this office at the earliest.
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Panchayat:Repo18/vol2-page0197

2018-01-06T07:28:46Z

Saritha: '(i) Address of his foreign home : (ii) Security number of his foreign home : (iii) Passport number :) Name of father or gu...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(i) Address of his foreign home : (ii) Security number of his foreign home : (iii) Passport number :) Name of father or guardian We hereby declare that the particulars specified above are correct to the best of our knowledge. Signature of Husband......................... Signature of Wife............................... (If the wife is a minor, signature of legal guardian at the time of marriage) Two witnesses
1. Name
Address
Signature 2. Name
Address
Signature
Signature of Local Registrar. FORM No. II (See Rule 7) Place of Taluk............. Date of marriage....................... marriage } Town............. Village.......... ParticularS Husband Wife Name A.B. C.D. Age Birth place (if available) Civil Condition Unmarried/ Unmarried/ (at the time of marriage) Widower/ Widow/ Divorced Divorced
Occupation Residence
9If the husband is a Non-Resident Indian(i) Address of his foreign home : (ii) Security number of his foreign home :
(iii) Passport number :) Name of father or guardian
We hereby declare that the particulars specified above are correct to the best of Our knowledge. Signature of Husband.........................
Signature of Wife............................... If the wife is a minor, signature of legal guardian at the time of marriage Two witnesses
1. Name Address Signature 2. Name
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Panchayat:Repo18/vol2-page0196

2018-01-06T07:27:13Z

Saritha: '13. Application for certified extracts of the Register shall fulfil the following conditions:- (i) it shall be addressed t...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

13. Application for certified extracts of the Register shall fulfil the following conditions:- (i) it shall be addressed to the Registrar General or Local Registrar. (ii) it shall contain the names of the parties to the marriage, the name and address of the applicant and the place and date of the marriage. (iii) court fee stamps to the value of Three Rupees) shall be affixed to it. (iv) a fee often rupees shall be remitted for each certified extract of the Register.) "|Note:- Applicants who desire to get the extract of the Register in stamp paper shall also produce the required stamp paper for the purpose, before the Registrar.) 14. The Local Registrar shall prepare and grant the extract under his signature and seal in Form NO. III: Provided that if the Registrar General directs that the extract shall be countersigned by any authority duly specified by him, before delivery to the applicant the Local Registrar shall comply with such direction. 15. (1) The Registrar General may authorise any Officer to be an "inspecting Officer" for the purpose of the rules, and assign the jurisdiction of such Inspecting Officer, Subject to approval of Government. (2) Regular periodical inspection of the Registers and Connected records kept by the Local Registrars shall be done by the Inspecting Officers in accordance with the instructions of the Registrar General. (3) The Registrar General shall arrange for the printing and supply of forms and registers required for use by Local Registrars. 16. (1) Notwithstanding any of the provisions contained in these rules, the failure by a party to a marriage to comply with the direction in Rule 6 shall, if the marriage had been solemnised in a compulsory registration area be punishable on conviction by a Magistrate with fine which may extend to twenty-five rupees. (2) Prosecutions of offences referred to in sub-rule (1) shall be instituted only with the sanction of the Registrar General.
(3) The Rules passed by Government under any other enactment for the time being in force for the Registration of marriages of any section of the Hindus shall for "compulsory registration
areas" stand repealed.
FORM No. Received on ............................................................................................................. Initials of Local Registrars .......................................................................................... Place of Taluk Date of marriage marriage Town
Village
Particulars Husband Wife Name A.B. C.D. Age
Birthplace (if available)-
Civil Condition
(at the time of marriage) Occupation Residence If the husband is a Non-Resident Indian
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Panchayat:Repo18/vol2-page0195

2018-01-06T07:25:38Z

Saritha: '5. The Local Registrar shall unless permitted otherwise by the Registrar General, reside with in his jurisdiction and main...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

5. The Local Registrar shall unless permitted otherwise by the Registrar General, reside with in his jurisdiction and maintain an office, at the outer door of which shall be displayed a signboard indicating his designation and hours of business. 6. As soon as may be possible and not later than 15 days after the solemnisation of a marriage, the husband may and in Compulsory registration area shall give or cause to be given a jurisdiction the marriage was solemnised. Where the husband is a Non-Resident Indian, a photocopy of his valid passport and the address and security number of his foreign home shall also be specified in the report.) The report may be sent by registered post or delivered personally or through messenger. In case a marriage report is delivered personally or through messenger, the Local Registrar shall give a receipt indicating the fact of his having received the report. The date on which the marriage report was received shall be indicated in the receipt as also in the Marriage report and attested by the initials of the Local Registrar: 2LProvided that the Local Registrar may entertain an application whether presented in person or messenger or sent by registered post after the expiry of the said period of 15 days but within 30 days from the date of marriage if he is satisfied that there is sufficient ground for the delay. Where such application is filed after the period of 30 days, such application may be entertained with the Special Permission of the District Registrar concerned.) 7. The Local Registrar shall after verifying the entries in the marriages report referred to in Rule 6 for accuracy and completeness enter the various particulars in a Register in Form II and attest his signature in the space specified therefor. “Where the husband is a Non-Resident Indian, the address and security number of his foreign home and the passport number shall also be entered and a photocopy of his valid passport shall be pasted in the Register before issuing the Certificate of Marriage.) The entries relating to each marriage shall be given serial numbers consecutively beginning with the first day of January and ending with the last day of December. 8. The Register referred to in Rule 7 shall be a bound book-the pages of which are machine numbered. 9. No correction of the entries in the register shall be made without the concurrence of an "Inspecting Officer", changes inmaterial particulars like name, age, date etc. shall be done invariably only after obtaining the sanction of the Registrar General. 10. (1) The local Registrar shall within a week after the close of each month detach the duplicates of the Marriage Reports received and registered by him and forward the same to the Registrar General: Provided that if it is directed by the Registrar General that the duplicate reports shall be forwarded through a specified authority the reports shall be forwarded through the authority so specified. (2) The originals of the marriage report received by the Local Registrar shall be filed by him as permanent record. 11. The Registrar General shall have all the duplicate marriage reports received from the Local Registrars scrutinised for accuracy and completeness and file them in his office as permanent record. 12. The Registrar General shall cause indexes of marriage reports received by him being prepared and maintained in his office. The index registers shall be in bound books the pages of which are machine numbered and may be kept open for inspection by any person who desires to do so during office hours.
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Panchayat:Repo18/vol2-page0194

2018-01-06T07:24:15Z

Saritha: '*THE KERALA HINDU MARRIAGE REGISTRATION RULES, 1957 In exercise of the powers conferred by sub-section () of Section 8 of...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

*THE KERALA HINDU MARRIAGE REGISTRATION RULES, 1957
In exercise of the powers conferred by sub-section () of Section 8 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955), the Government of Kerala hereby make the following Rules for the registration of the Hindu Marriage; namely:- RULES 1. These Rules may be called the Kerala Hindu Marriage Registration Rules, 1957. 2. They shall come into force on such date as the Government may by notification in the Gazette appoint. 3. Definitions.- In these Rules, unless the context otherwise requires,- (a) “Registrar General" means the Registrar General of Births, Deaths and Marriages appointed by the Government under Section 6 of the Births, Deaths and Marriages Act, Central Act VI of 1886. (b) "Local Registrar" means any person appointed by Government in accordance with Rule 4 to be Registrar of Marriages for(i) the whole or part of the local area comprised within the limits of Trivandrum City, or (ii) the whole or part of a local area comprised in any Municipality in Kerala State established under provisions of law for the time being in force, or (iii) the whole or part of a Revenue Village or group of Revenue Villages. "((bb) "District Registrar" means any person appointed in accordance with rule 4A to be a District Registrar;) (c) "Local Registration area" means the jurisdiction assigned to a "Local Registrar". (d) "Compulsory Registration area" means the local Registration area in which registration of marriages is declared by the Government to be compulsory in accordance with sub-section (2) of Section 8. (e) "Marriage" means a marriage solemnised in accordance with the provisions of the Act. (f) "Register" means the Hindu Marriage Register kept in Form II in accordance with Section 8. (g) "Act" means the Hindu Marriage Act, 1955 (Central Act XXV of 1955). (h) "Section" means a Section of the Act. (i) “the Government" means the Government of Kerala. (j) "Inspecting Officer" means any officer deputed by the Registrar General to inspect the Marriage records. ,م= (k) "Form" means a form appended to these Rules. 4. Government may appoint by notification in the Gazette any person by name or by virtue of the office held by him to be a "Local Registrar" and define "the local Registration area" constituting his jurisdiction. "4A. Government may appoint by Notification in the Gazette any person by name or by virtue of the office held by him to be a District Registrar for every revenue district.
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Panchayat:Repo18/vol2-page0193

2018-01-06T07:21:39Z

Saritha: 'shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original c...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.
(2) Orders made by the Court in any proceeding under this Act under Section 25 or Section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every Such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every appeal under this section shall be preferred within a 5(period of ninety days) from the date of the decree or order.
28A. Enforcement of decrees and orders.- All decrees and orders made by the Court in any proceeding under this Act shall be enforced in the like manner as the decrees and orders of the Court made in exercise of its original civil jurisdiction for the time being are enforced.)
SAVINGS AND REPEALS
29. Savings.- (1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu Marriage, whether Solemnized before or after the commencement of this Act.
(3) Nothing Contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to effect the provisions contained in the Special Marriage Act, 1954 (43 of 1954) with respect to marriages between Hindus Solemnized under that Act, whether before or after the commencement of this Act.
30. Repeals.- (Repealed by the Repealing and Amendment Act, 1960 (58 of 1960), Section 2 and the First Schedule.)
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Panchayat:Repo18/vol2-page0192

2018-01-06T07:20:31Z

Saritha: 'under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding, and monthly during the proceeding Such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable:
49Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.)
25. Permanent alimony and maintenance.- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall X x X) pay to the applicant for her or his maintenance and Support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant (the conduct of the parties and other circumstances of the case), it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge, on the immovable property of the respondent.
(2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
26. Custody of children.- In any proceeding under this Act, the Court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending, and the Court may also from time to time revoke, Suspend or vary any such orders and provisions previously made:
5.Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.)
27. Disposal of property- In any proceeding under this Act, the Court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.
528. Appeals from decrees and orders.- (1) All decrees made the by Court in any proceeding under this Act shall, Subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction, and every such appeal
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Panchayat:Repo18/vol2-page0191

2018-01-06T07:19:24Z

Saritha: '(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.
23. Decree in proceedings.- (1) In any proceeding under this Act, whether defended or not, if the Court is satisfied that
(a) any of the grounds for granting relief exists and the petitioner “except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or subclause (c) of clause (ii) of Section 5) is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and
(b) where the ground of the petition is the ground specified “XXX in clause () of subsection (1) of Section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and
“(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and
(c) the petition (not being a petition presented under section 11)) is not presented or prosecuted in collusion with the respondent, and
(d) there has not been any unnecessary or improper delay in instituting the proceeding, and
(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the Court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act, it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:
47(Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii), of sub-section (1) of Section 13.
(3) For the purpose of aiding the Court in bringing about such reconciliation, the Court may, if the parties so desire or if the Court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the Court if the parties fail to name any person, with directions to report to the Court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the Court passing the
decree shall give a copy thereof free of cost to each of the parties.)
423A. Relief for respondent in divorce and other proceedings- In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the Court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.
24. Maintenance pendente lite and expenses of proceedings.--Where in any proceeding
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Panchayat:Repo18/vol2-page0189

2018-01-06T07:16:10Z

Saritha: '(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceiv...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.)
17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860), shall
apply accordingly.
18. Punishment for contravention of certain other conditions for a Hindu marriageEvery person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), *[and (v)) of Section 5 shall be punishable
36(a) in the case of a contravention of the condition specified in clause (iii) of Section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh
rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of Section 5, with simple imprisonment which may extend to one month, or with fine which may
extend to one thousand rupees, or with both; "X X X) (с) 38x xx JURISDICTION AND PROCEDURE 3919. Court to which petition shall be presented.- Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction(i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or *(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has
not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
20. Contents and verification of Petitions.- (1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded “and, except in a petition under Section 11, shall also state) that there is no collusion between the petitioner and the other party to the marriage.
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Panchayat:Repo18/vol2-page0188

2018-01-06T07:14:34Z

Saritha: 'the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.)
14. No petition for divorce to be presented within one year of marriage.- (1) Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of a marriage by a decree of divorce, 27 unless at the date of the presentation of the petition one year has elapsed) since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 28 before one year has elapsed) since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or Concealment of the nature of the case, the Court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 80 expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the Court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.
15. Divorced persons when may marry again.- When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
33xx x)
816. Legitimacy of children of void and voidable marriages.- (1) Notwithstanding that marriage is null and void under Section 11, any child of Such marriage Who Would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether
or not a decree of nullity is granted in respect of that marriage under this Act and whether or not
the marriage is held to be void otherwise than on a petition under this Act.
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Panchayat:Repo18/vol2-page0187

2018-01-06T07:11:44Z

Saritha: 'against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and Cognate expressions shall be construed accordingly. 2xx x) 2 (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 2(one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.)
(2) A wife may also present a petition for the dissolution of her marriage by a decree of
divorce on the ground
(i) in the case of any marriage Solemnized before the Commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or “bestiality; or
2(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding Section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;
(iv) that her marriage (whether consummated or not) was solemnized before she attained
the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
Explanation:- This clause applies whether the marriage was solemnized before or after the commencement" of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).)
213A. Alternate Relief in Divorce Proceedings- In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of Section 13, the Court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.)
213B. Divorce by mutual consent- (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both
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Panchayat:Repo18/vol2-page0186

2018-01-06T07:09:41Z

Saritha: '(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud h...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the Court is satisfied
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground). 13. Divorce.- (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party(i) has, after the Solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
7(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot
reasonably be expected to live with the respondent.
Explanation:- In this clause,
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or
(iv) has 18xxx been suffering from a virulent and incurable form of leprosy; or (v) has "DXXX been Suffering from venereal disease in a communicable form; or
...
(vi) has renounced the world by entering any religious order; or (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; X x X)
:
2 Explanation:- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or
ി
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Panchayat:Repo18/vol2-page0185

2018-01-06T07:08:16Z

Saritha: 'RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION 9. Restitution of conjugal rights.- "X X X When either the husband...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
9. Restitution of conjugal rights.- "X X X When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district Court, for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
(Explanation:- Where a question arises whether there has been reasonable excuse for
withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.)
9X x X) -
10. Judicial separation.-10(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.)
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory
for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind
the decree if it considers it just and reasonable to do so. NULLITY OF MARRIAGE AND DIVORCE
11. Void marriages.- Any marriage solemnized after the commencement of this Act shall be null and Void and may, on a petition presented by either party thereto "against the other party), be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (V) of Section 5. 12. Voidable Marriages.- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- '(a) that the marriage has not been consummated owing to the impotence of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement
of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)), the consent of such guardian was obtained by force 'or by fraud as to the nature of the ceremony or as to any material fact or
circumstance concerning the respondent); or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if
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Panchayat:Repo18/vol2-page0184

2018-01-06T07:04:02Z

Saritha: '(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is i...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.
HINDU MARRIAGES
5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage; 2(ii) at the time of the marriage, neither party(a) is incapable of giving a valid Consent to it in Consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity x x x);
(iii) the bridegroom has completed the age of (twenty-one years) and the bride, the age of eighteen years) at the time of the marriage,
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
X x X) 6. Guardianship in Marriage.- Repealed by the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), w.e.f. 1-10-1978.
7. Ceremonies for a Hindu marriage- (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
8. Registration of Hindu Marriages.- (1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient SO to do, provide that the entering of the particulars referred to in sub-section (1) shall be Compulsory in the State or in any part thereof, whether in all cases or in such cases as may be Specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend
to twenty-five rupees.
(3) All rules made under this Section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.
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Panchayat:Repo18/vol2-page0183

2018-01-06T07:02:30Z

Saritha:

(3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
3. Definitions.- In this Act, unless the context otherwise requires,-
(a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy; and
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;
(b) "District Court" means, in any area for which there is a City Civil Court, that Court, and in any other area the principal Civil Court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;
(c) "full blood" and "half blood”- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;
(d)"uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;
Explanation:- In Clauses (c) and (d), "ancestor" includes the father and "ancestress" the mother;
(e) "prescribed" means prescribed by rules made under this Act;
(f) () "Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person Concerned, who is to be counted as the first generation; (ii) two persons are said to be "sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them; (g) "degrees of prohibited relationship" - two persons are said to be within the "degrees of prohibited relationship". (i) if one is a lineal ascendant of the other; or (ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or (iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or (iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters; Explanation:- for the purposes of clauses (f) and (g), relationship includes() relationship by half or uterine blood as well as by full blood; (ii) illegitimate blood relationship as Well as legitimate; (iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly.
4. Overriding effect of Act.-Save as otherwise expressly provided in this Act
(a) any text rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;
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Panchayat:Repo18/vol2-page0183

2018-01-06T06:55:56Z

Saritha: 'THE KERALA HINDU MARRIAGE REGISTRATION RULES, 1957 Rules 1 to 16.............................................................' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

THE KERALA HINDU MARRIAGE REGISTRATION RULES, 1957
Rules 1 to 16....................................................................................................................... 194-96 Form to lll .......................................................................................................... . . . . . 196-198 Notifications......................................................................................................................... 198-199
*THE HINDU MARRIAGE ACT, 1955
(Act 25 of 1955)
An Act to amend and codify the law relating to marriage among Hindus.
BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:- PRELIMINARY
1. Short title and extent.- (1) This Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said
territories. 2. Application of Act.- (1) This Act applies
(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation:- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or Sikh by religion and Who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and
(c) any person who is a Convert or re-convert to the Hindu, Buddhist, Jaina or Sikh
religion. (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) Of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise
dirocts.
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Saritha: 'THE HINDU MARRIAGE ACT, 1955 PRELIMINARY Short title and extent...................... . . . . . . . . . . . . . . . . . ....' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

THE HINDU MARRIAGE ACT, 1955
PRELIMINARY Short title and extent...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Application of Act.............................................................................................................. 182 Definitions. ........................................................................................................................ 183 Overriding effect of Act...................................................................................................... 183 HINDU MARRIAGES Condition for a Hindu Marriage. ........................................................................................ 184 Guardianship in Marriage.................................................................................................. 184 Ceremonies for a Hindu marriage..................................................................................... 184 Registration of Hindu Marriages....................................................................................... 184 RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION Restitution of Conjugal rights............................................................................................ 185 Judicial separation............................................................................................................ 185 NULLITY OF MARRIAGE AND DIVORCE Void marriages................. . 185 Voidable Marriages. .......................................................................................................... 185 Divorce. ............................................................................................................................. 186 Alternate Relief in Divorce Proceedings........................................................................... 187 Divorce by mutual Consent............................................................................................... 187 No petition for divorce to be presented within one year of marriage................................ 188 Divorced perSons When may marry again........................................................................ 188 Legitimacy of children of Void and Voidable marriages..................................................... 188 Punishment of Bigamy...................................................................................................... 189 Punishment for contravention of certain other conditions for a Hindu marriage.............. 189 JURISDICTION AND PROCEDURE Court to which petition shall be presented....................................................................... 189 Contents and verification of Petitions............................................................................... 189 Application of Act 5 of 1908. ............................................................................................. 190 POWer to transfer petitions in Certain cases. ................................................................... 190 Special provision relating to trial and disposal of petitions under the Act....................... 190 Documentary evidence. .................................................................................................... 190 Proceedings to be in Camera and may not be printed or published................................ 190 Decree in proceedings...................................................................................................... 191 Relief for respondent in divorce and other proceedings................................................... 191 Maintenance pendente lite and expenses of proceedings. ............................................. 191 Permanent alimony and maintenance................................................................................. 192 Custody of children. .......................................................................................................... 192 Disposal of property.SSLSL LSLS LSLSLSLSS LSLS S SLSSLLSLSLLSSLLSLLSSS SS SSLSLSSSLSLLLLSLLSLLSLSSLSLSSLSSSLSLSLSSS SLLLSSLSLLSSLSLLSSLSLS SLS SLS SLS SLSLSLSLSLS S S SS SS SS LSLLLSLSLSLLSS SLLSS SCCSS SLCLLS C SLSLLSS SCSSSLSLSLSL 192 Appeals from decrees and orders. ................................................................................... 192 Enforcement of decrees and Orders................................................................................. 193 SAVINGS AND REPEALS Savings.............................................................................................................................. 193 Repeals. ............................................................................................................................ 193
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Panchayat:Repo18/vol2-page0180

2018-01-06T06:46:11Z

Saritha:

Section 60 Declaring influenza to be a notified disease
In pursuance of Section 60 of the Travancore-Cochin Public Health Act, 1955 (Act XVI of 1955) Government hereby declare that Influenza shall be a notified disease for purposes of Part II, Chapter VII of the said Act in the territories of Kerala State where the Act is applicable. (Published in the Gazette Extraordinary dt. 12-6-1957)
Section 60 Declaring Encephalitis to be a notified disease
In exercise of the powers conferred by Section 60 of the Travancore-Cochin Public Health Act, 1955 (Act XVI of 1955) the Government of Kerala hereby declare Encephalitis to be a notified disease for the purpose of Part II of the said Act in the Travancore-Cochin area of the State. (Notification No. HLB 4-59032/EHD dt. 21-7-1958 Published in the Gazette dt. 22-7-1958.)
Section 60(a) Declaring that infectious Hepatitis shall be a notified disease in Trichur District
In pursuance of Section 60(a) of the Travancore-Cochin Public Health Act, 1955 (Act XVI of 1955) Government hereby declare that infectious Hepatitis shall be a notified disease for the purpose of Chapter VII of the said Act in the area within the Trichur District. (Notification No. HLB 3-11519/61/HLD dt. 17-2-1961 Published in the Gazette dt. 28-2-1961)
Section 60 Declaring infective Hepatitis to be a notified disease
In exercise of the powers conferred by Section 60 of the Travancore-Cochin Public Health Act, 1955 (16 of 1955) the Government of Kerala hereby declare "infective Hepatitis' to be a notified disease for the purpose of Part II of Chapter VII of the said Act in the Travancore-Cochin area of the State. Section 3 appointing Health Officers
In exercise of the powers conferred by Section 3 of the Travancore-Cochin Public Health Act, 1955 (Act 16 of 1955) and in supersession of the previous notification issued under Order No. L. Dis 4933/56/DD dated 17-3-1956 Government hereby appoint the District Medical Officer of Health, Assistant District Medical Officer of Health, Medical Officer in charge of Health Centres and Health Inspectors of Health Centres and of Community Development Blocks as Health Officers for all purposes of the said Act. (Notification No.71637/C2/63/HLD dt. 12-8-1964 Published in Kerala Gazette No.33 dt. 11-8-1964)
Section 60 Declaring Poliomyletis to be a notified disease
In exercise of the powers conferred by Section 60 of the Travancore-Cochin Public Health Act, 1955 (Act 16 of 1955), the Government of Kerala hereby declare "POLIOMYLETIS" to be a notified disease for the purpose of Part II of Chapter VII of the said Act in the Travancore-Cochin area of the State. (Notification No. G.O.(Rt.) 2886/64/HLD. dt. 07/09/1964 Published in Gazette dt. 15/09/1964)
MADRAS PUBLIC HEALTH ACT, 1939
Section 62 Declaring encephalitis to be a notified disease
In exercise of the powers conferred by Section 62 of the Madras Public Health Act, 1939 (Act III of 1939), the Government of Kerala hereby declare Encephalitis to be a notified disease for the purpose of Part II of the said Act in the territories referred to as "Malabar District" in Section 5(2) of the States Re-organisation Act, 1956 (Act 37 of 1956). (Notification No. HLB4-59032/58/ EHD. II dt. 21/07/1958 Published in the Gazette dt. 22/07/1958)
Section 62 Declaring Poliomyletis to be a notified disease
In exercise of the powers conferred by Section 62 of the Madras Public Health Act, 1939 (Act III of 1939), the Government of Kerala hereby declare "POLIOMYLETIS" to be notified disease for the purpose of Part II of Chapter VII of the said Act in the Malabar District referred to in subsection (2) of section 5 of the States Re-organisation Act, 1956 (Central Act 37 of 1956). (Notification No. G.O.(Rt.) 2886/64/HLD. dt. O7/09/1964 Published in Kerala Gazette dt. 15/09/1964)
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Panchayat:Repo18/vol2-page0180

2018-01-06T06:44:29Z

Saritha: 'NOTIFICATIONS UNDER TRAVANCORE-COCHIN PUBLIC HEALTH ACT, 1955 TRAVANCORE-COCHIN PUBLIC HEALTHREGULATION Regulation prescri...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

NOTIFICATIONS
UNDER TRAVANCORE-COCHIN PUBLIC HEALTH ACT, 1955
TRAVANCORE-COCHIN PUBLIC HEALTHREGULATION
Regulation prescribing the qualification for appointment to the various posts in the Public Health Establishments of Panchayats Section 6 (2)
In exercise of the powers conferred by sub-section (2) of Section 6 of the Travancore-Cochin Public Health Act (Act XVI of 1955) the Government of Kerala hereby make the following regulation, prescribing the qualifications for appointment to the various posts in the Public Health Establishment of Panchayats in the erstwhile Travancore-Cochin area of the State. The qualification for appointment to the various posts shall be as follows:- I. Health Officer-Medical qualifications not lower than that of a licentiate in medicine registrable under the Indian Medical Councils Act with a degree or diploma in Public Health. II. Midwife.- (a) Holder of a certificate of any of the following institutions. (i) Government School of Nursing, Trivandrum. (ii) L.M.S. Mission Hospital Training School, Neyyoor. (iii) Salvation Army Catherene Booth Hospital Training School, Nagercoil. (iv) I.M.S. Hospital, Kundara. (v) Thiruvalla Medical Mission Nursing School for three years from 10-10-1953 till 10-101956; or (b) Holders of Trained Midwifes and Nurses certificates of any of the State Governments in the Indian Union; or (c) S.S.L.C. candidates with two years midwifery training in any Government Institution. III. Health Assistants.-Sanitary Inspectors' test, Bombay or Madras; or Health Inspectors' Certificate of the Medical College, Trivandrum. IV. Sweepers.- (1) Ability to read and write Malayalam, Tamil or Hindi. (2) Physical fitness. (Published in Gazette of 16-7-1967) Section 9 Authorising the Veterinary Surgeons of the Animal Husbandry Department to exercise powers of Health Officer under Chapter XII
In exercise of the powers conferred by Section 9 of the Travancore-Cochin Public Health Act, 1955 (Act XVI of 1955) Government hereby authorise the Veterinary Surgeons of the Animal Husbandry Department to exercise within their respective jurisdiction all the powers of a Health Officer under the provisions of Chapter XII of the said Act. (Published under notification No. 8-650/ F 262/Health dt. 5-2-1963, in the Gazette dt. 12-2-1963.)
Section 3 appointing as Health officers
In exercise of the powers conferred by Section 3 of the Travancore-Cochin Public Health Act, 1955 (Act XVI of 1955) Government hereby appoint the District Health Officers, Medical Officers in charge of Health Units and Health Inspectors in charge of Taluk of the Public Health Department as Health Officers for all the purposes of the said Act. (Notification No. L-Dis 49-33/ 56 OP dt. 23-5-1956)

Panchayat:Repo18/vol2-page0179

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Panchayat:Repo18/vol2-page0178

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Saritha: '12. The provision contained in Rules 6 to 10 shall so far as may be, apply to revaccination of an unprotected person or ch...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

12. The provision contained in Rules 6 to 10 shall so far as may be, apply to revaccination of an unprotected person or child. Revaccination shall be performed five years after a primary vaccination (within three months period) and thereafter at interval of seven years (within three
months). 13. Whoever commits a breach of any of the above rules shall be liable on Conviction(a) to a fine which may extend to twenty rupees,
(b) in the case of continuing breach to a fine which may extend to five rupees for every day during which the breach continues after conviction or after receipt of notice from the Health Officer or Executive Authority or any person authorised by him to discontinue Such breach:
Provided that the amount of fine shall in no case exceed one hundred rupees. FORM No. Notice for Vaccination [See Rules 3(iii) and ll(d)]
Sri/Smt........... residing in .......... (House) Amsom................ Desom ................... Taluk.............. District................ is hereby informed that he/his son/daughter......... aged - - - - - - - - - - - - - - - - - - - - - - (in the case of minor children) shall appear be produced for inspection and shall be subject to vaccination/revaccination for protection against small-pox on ................ (date) at.............. (time) ................ at................... (place) failing which he shall be liable for punishment under the rules.
Station : Signature..............
Date : Designation............
FORMNo.
Certificate of postponement of Vaccination See Rule 6 ()
The child/person............aged............ residing at........... is not in a fit state for vaccination for a period of........... months on account of Station: Signature................ Date : Designation........... In the case of child note name of parent or guardian of the child. FORMNo. III
Vaccination Certificate [See Rule 7(ii))
It is hereby certified that the child/person.........aged............. residing at ........ has been vaccinated/revaccinated On...........and bears............ marks. Station: Signature................ Date : Designation ........... FORM No. W Notice for Inspection See Rule 11 (i) As it is known and there is every reason to believe that you/your son/your daughter aged.......residing in........ (House) Amsom ........ Desom .............. Taluk .......... District.......... require/requires protection from small-pox, you are therefore requested to produce/ to be present, in the house for inspection during my visit at......... (hours) on .......... (date). You will furnish such necessary information as to age, parentage, place of birth and the duration of the residence in the area etc., relating to you/your child. You will be subject to prosecution under the rules in case you fail to Comply with the notice. Station: Signature.
Date : Designation.............
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Panchayat:Repo18/vol2-page0177

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Saritha: '7. () On the date and at the time and place notified as aforesaid the person or child shall be presented or be produced as...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

7. () On the date and at the time and place notified as aforesaid the person or child shall be presented or be produced as the case may be for inspection.
(ii) If the Inspecting Officer finds that the vaccination has been successful he shall, on demand, give to such person or parent or guardian of such child as the case may be a certificate to that effect in Form No.III annexed to this rule. In the case of revaccination the vaccinator shall after revaccination give on demand a certificate showing the date of revaccination to the person revaccinated or as the case may be, to the parent or guardian of child revaccinated.
(iii) In the event of the vaccination being unsuccessful the Inspecting Officer, if he thinks fit, may direct that the unprotected person or child shall again be vaccinated and subsequently inspected as provided in these rules. Such person or the parent or guardian of such child shall be bound to comply with such direction. 8. When an unprotected person or child is vaccinated by a vaccinator not employed by the Government or by the local authority, such person or the parent or guardian of that child as the case may be shall forward within 15 days of the date of vaccination a certificate of successful vaccination from such vaccinator to the Health Officer or to such person as may be authorised by the Health Officer in that behalf. 9. The Executive Authority or the Health Officer may cancel any certificate given under these rules if it is proved to his satisfaction that such certificate has been improperly given or obtained on behalf of any unprotected person or child and thereupon such certificate shall cease to be valid and notice of such cancellation shall forthwith be given to such unprotected person or the parent or guardian of such unprotected child as the case may be. 10. No fee or remuneration shall be accepted by a vaccinator employed by the Government for any vaccination performed or certificate given under these rules. If any unprotected person or parent or guardian of any unprotected child is desirous that vaccination should be done at the residence of such person or child, the Health Officer may upon application by such person or such parent or guardian as the case may be and upon payment of such fee as the local authority may fix, direct a vaccinator to perform the vaccination at such residence. 11. (i) if the Health Officer or any person authorised by him in this behalf has reason to believe that there is an unprotected person or child in any house he may call upon or issue notice in Form No.IV to(a) such person to be present for inspection between the hours of 6 a.m. and 6 p.m. and to state his age, parentage, place of birth and duration of his residence in the area; (b) the parent or guardian of any such child in the house under his care to produce the child for inspection between the hours of 6 a.m. and 6 p.m. and to state the age, parentage, place of birth and duration of residence of the child in the area. (ii) The Health Officer, the executive authority or any other person authorised by him under sub-rule (1) shall(a) if he is aware of the existence of any person or child who is unprotected and is fit for vaccination or (b) if on a requisition under sub-rule (i) any person refuses to be present or any parent or guardian refuses to produce any child under his care for inspection or (c) if after inspection, it is proved to his satisfaction that any person or child is unprotected and is fit for Vaccination or (d) if he is acting in pursuance of the powers vested in him under Rule 4 deliver to such person or the parent or guardian of Such child or cause to be affixed to the house of Such person or such parent or guardian notice in Form No.1 requiring the person or child as the case may be to be vaccinated within 72 hours at a time and place to be specified in the said notice. The person, or the parent or guardian to whom such notice is delivered or at whose house it is affixed shall be bound to comply with it unless a certificate is produced from a vaccinator to the effect that such person or child has either been successfully vaccinated already or is unfit for vaccination.
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Saritha: '(xii) "Unprotected person" means a person who has no visible marks of Small pox or is unable to provide satisfactory evide...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(xii) "Unprotected person" means a person who has no visible marks of Small pox or is unable to provide satisfactory evidence of successful vaccination or revaccination carried out within a period of seven years immediately preceding.
(xiii) “Vaccination" means the operation by which sufficient vaccine lymp is introduced into the skin and allowed to be absorbed without interference or exposure to Sun for at least fifteen minutes following the operation and includes revaccination.
(xiv) "Vaccination depot" means a place or building where vaccination is performed free of charge by direction of the Director of Health Services or any person authorised by him.
(Xv) “Vaccinator” means—
(a) Any medical practitioner registered under the Travancore-Cochin Medical Practitioners Act, 1953, or the Madras Medical Registration Act, 1914, or the law relating to the registration of Medical Practitioners for the time being in force; Or (b) Any licenciate or Associate Licenciate in Indian Medicine with training in vaccination and registered under Class A: Ο (c) Any person possessing the qualification laid down by the State Government for a vaccinator or Health Assistant and employed by State Government or Panchayat; Or (d) any person qualified to hold the post of a Health Inspector or Sanitary Inspector.
3. (i) The parent or guardian of every unprotected child who is not less than three months old and who has resided for one month within the limits of local area shall take or cause the child to be taken to a vaccination depot for vaccination or revaccination as the case may be or shall procure such vaccination or revaccination by a vaccinator.
(ii) Every unprotected person residing within the limits of a local area shall get himself vaccinated or revaccinated as the case may be at a vaccination depot or by any other vaccinator.
(iii) Notice may be issued in Form No.1 to unprotected person or guardian of Such children to get them vaccinated.the case may be for inspection.

4. The Health Officer or Executive Authority or any person duly authorised by any of them may if any portion of the local area is threatened or infected with Small-pox, direct every perSon or child in the said area who has no visible mark of small-pox or is unable to produce Satisfactory evidence of successful vaccination or re-vaccination carried out within four years to be vaccinated forthWith.
5. Whenever the residence of an unprotected person or child is changed, such person Or the parent or guardian of such child as the case may be shall, within one month of Such change of residence notify the same to the Health Officer or the Executive Authority of the place from which the residence was changed or to any person authorised by the Health Officer or Executive Authority on this behalf furnishing full particulars as to the address of the new residence of the person or the child as the case may be.
6. () if a vaccinator finds that an unprotected person or child is not in a fit state of health to vaccinate, he shall deliver to such person or the parent or guardian of such child as the case may be, a certificate in Form No.ll to the effect that the person or child is not in a fit state for vaccination. Such certificate shall remain in force for the period specified therein not exceeding three months but may be renewed if necessary. The reason for the unfitness shall be specified in the Certificate.
(ii) If a vaccinator finds that an unprotected person or child is in a state of health fit for vaccination he shall forthwith vaccinate such person or child and deliver to such person or the parent or guardian of such child as the case may be a memorandum stating the date on which the vaccination was performed and specifying the date on which and the time and place at which the person or child should be present or be produced, as SS S SSMSSSMSSi S SS S S S -
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2018-01-06T06:33:41Z

Saritha: '3. The establishment assigned for temporary duty in a local area under Rule 1 shall work under the supervision and discipl...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

3. The establishment assigned for temporary duty in a local area under Rule 1 shall work under the supervision and disciplinary control of the Health Officer for that area.
4. The travelling allowances and the transit pay of a member of the Public Health establishment of a local area assigned for temporary duty in another local area both in respect of the journey therefrom after the temporary duty to the former local area shall be borne by the local authority of the latter local area.
*RULES FOR WACCINATION IN RURAL AREAS UNDER SECTION 81
In exercise of the powers conferred by Section 81 of the Madras Public Health Act, 1939 (Madras Act III of 1939), the Government of Kerala hereby make the following rules relating to the vaccination in rural areas transferred from the Madras State, the same having been previously published as required by Section 130 of the said Act. Rules for Vaccination in Rural Areas under Section 81 of the Madras Public Health Act, 1939 (Act III of 1939). 1. (1) These rules may be called Vaccination in Rural areas transferred from the former Madras State to the Kerala State. (2) These rules shall apply to the rural areas which were transferred from the former Madras State to the Kerala State and shall come into force from 30-3-1964. 2. Definitions.- In these Rules, unless the context otherwise requires, (i) "Child" means a boy or a girl who has not attained the age of 18 years.
(ii) "Executive authority" means the Executive authority of the Panchayat as defined in Kerala Panchayats Act, 1960.
(iii) "Guardian" means any person to whom the care, nature or custody of any child falls by law or by natural right or recognised usage, or who has accepted or assumed the Care, nature or custody of any child or to whom the care, nature or custody of any child has been entrusted by any lawful authority.
(iv) "Health Officer" means the Health Officer if any employed by the local authority - or in any other case the officer exercising the powers of the Health Officer in the District.
(v) "Inspecting Officer" means the Health Inspector appointed by Government or the Health or Sanitary Inspector appointed by the Panchayat, and having jurisdiction over the local area or the Assistant District Medical Officer of Health or Health Officer or any person authorised in this behalf by the State Government to inspect vaccinations performed by a vaccinator; (vi) "Local area" means a Panchayat area. (vii)"Parent" means the father or mother of a legitimate child and the mother of an illegitimate child;
(viii) "Person" means a male or female who has attained the age of eighteen years.
(ix) "Primary vaccination" means the vaccination performed for the first time on any individual and all subsequent operations are termed "revaccination" provided the primary vaccination proved successful.
(x) "Rural area" means any area not coming within the limits of a Municipality ΟΥ Corporation. (xi) "Unprotected child" means a child who has not been protected from small pox by having had the disease either naturally or by having been successfully vaccinated or revaccinated within a. period of seven years immediately preceding.
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Panchayat:Repo18/vol2-page0174

2018-01-06T06:31:22Z

Saritha: ' 5. Public sanitary conveniences shall be constituted or provided only on such sites as are approved by the Health Officer...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

5. Public sanitary conveniences shall be constituted or provided only on such sites as are approved by the Health Officer in the case of urban local areas and by an officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector in the case of non-urban areas.
6. Rules 2, 3 and 5 shall not apply to temporary sanitary convenience provided on occasion of fairs and festivals or for other temporary occasion.
*RULES REGARDING THE SERVICE OF NOTICE FOR PROTECTION OF WATER SUPPLY SOURCES FROM ΟΟΝΤΑΜΙΝΑΤΙΟΝ ΕΤΟ.
In exercise of the powers conferred by Clause (ii) of Clause (b) of sub-section (4) of Section 20 and sub-section (2) of Secion 128 of the Madras Public Health Act, 1939 (Madras Act 111 of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rule:- The service under sub-clause (ii) of Clause (b) of sub-section (4) of Section 20 of the Madras Public Health Act, 1939, of a notice issued under sub-section (2) of the said section shall be made in the following manner, namely:- (a) if the notice is to be served on a local authority, (i) by giving or tendering the notice to the executive authority of the local authority; or (ii) by sending the same to him by registered post; and (b) if the notice is to be served on the person owning or having control over source of waterSupply. (i) by giving or tendering the notice to such person; or (ii) 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 or servant of his family; or (iii) if his address is known to the Collector or other officer appointed by the Government under sub-section (1) of the said section, by sending the same to him by registered post; or (iv) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business.
*RULES REGARDING THE ASSIGNMENT OF PUBLIC HEALTH ESTABLISHMENT IN CASES OF EMERGENCY
In exercise of the powers conferred by Clause (h) of sub-section (i) of Sections 13 and 128 of the Madras Public Health Act (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. The assignment by the Director of Health Services) or members of the Public Health establishment under Clause (b) of sub-section () of Section 13 of the Madras Public Health Act, 1939 (hereinafter referred to as 'the Act') to any local area for temporary duty shall ordinarily be made from any other local area in the same district or from a local area in an adjoining district.
2. Whenever action is taken under Clause (b) of sub-section (i) of Section 13 of the Act, the 'Director of Health Services shall communicate the action taken by him to the local authorities
Concerned.
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Panchayat:Repo18/vol2-page0173

2018-01-06T06:30:07Z

Saritha: '(b) the amount Collected by the responsible authority under the provisions of Part III less the cost of collection; (c) th...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(b) the amount Collected by the responsible authority under the provisions of Part III less the cost of collection;
(c) the amount for which the right to collect the pilgrim tax is farmed out under Rule 21.
25. Whoever Contravenes the provisions of Rule 20 or otherwise evades the payment of the pilgrim tax shall be punishable with fine which may extend to Rupees 100/- ANNEXURE Statement of Pilgrim tax collected from persons leaving a fair or festival centre by inland Waterways
Name of fair or festival Centre District and taluk
Date Name or Place of Number of outgoing Pilgrim tax Total number departure tickets sold and number collected of vessel in the fair of persons leaving the Orfestival fair or festival centre Adults Children RS. P. RS. P. RS. P.
Total number of persons transported from fair or festival centre
Cost of collection
Cost of printing tickets Net amount of pilgrim tax payable to local authority
Station: Signature of owner or person Dated: in charge of vessel
Note:- For the purpose of this Annexure, a person who has not attained the age of twelve years shall be deemed to be a "child" and any other person an "adult".
*PUBLIC SANITARY CONVENIENCE (PROVISION AND MAINTENANCE) RULES, 1940
In exercise of the powers conferred by Sections 37 and 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. These rules may be called the Public Sanitary Convenience (Provision and Maintenance) Rules, 1940.
2. Every public sanitary convenience constituted or provided by a local authority shall be of a design, or conform to one of the type design approved by the Superintending Engineer (Public Health).
The provision of this rule shall not apply in the case of city of Madras.
3. (1) If a public sanitary convenience is intended for the use of both sexes, the portion intended for one sex shall be completely screened from that intended for the other by a partition Wall not less than 7 feet in height and have separate means of entrance.
(2) Every seat in a public Sanitary convenience shall be effectively screened so as to secure adequate privacy to the user thereof.
4. No public sanitary convenience shall be situated as to cause risk of contamination of any Source of water-Supply used for drinking or domestic purposes. All public sanitary Convenience in existence on the date of the coming into force of these rules which do not comply with the provisions of this rule shall be closed and new ones shall be provided at suitable places within one
year of the said date.
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Panchayat:Repo18/vol2-page0172

2018-01-06T06:27:35Z

Saritha: 'Councils and Local Boards under sub-rule (1) within a month of the date of communication of the Inspector's decision to th...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Councils and Local Boards under sub-rule (1) within a month of the date of communication of the Inspector's decision to the parties and the decision of the Government thereon shall be final.
16. The owner or other person in charge of a vessel shall maintain a register showing the number of adult and child passengers embarking on the vessel during each journey. This register shall be produced for the inspection of the responsible authority when so required.
Explanation:- For the purpose of this rule, a person who has not attained the age of twelve years shall be produced for the inspection of the responsible authority when so required. Explanation:- For the purpose of this rule, a person who has not attained the age of twelve years shall be deemed to be a child and any other person an adult. 17. Any sums due to the responsible authority under this part shall be recovered in the same manner in which arrears of taxes are collected by a local authority. PART III Collection by responsible authority 18. The rules in this part shall apply to the collection of pilgrim tax by the responsible authority through its own agency.
19. The responsible authority may erect suitable structures or barriers for controlling admission into every jetty, quay or other landing place where passengers embark or on the road or roads leading to such jetty, quay or other landing places and may place the collection of the pilgrim tax under such person as it thinks fit.
20. No person shall with intent to evade payment of the pilgrim tax(a) pass the structure or barrier referred to in Rule 19 without stopping and paying the pilgrim tax; (b) leave the road and pass any adjacent land; or (c) take a boat at an unauthorised place with a view to board the vessel Conveying persons from the notified area. PART IV
Farming the collection of pilgrim tax
21. The responsible authority may, with the previous sanction of the Inspector of Municipal Councils and Local Boards - () farm out the collection of the pilgrim tax on such terms and conditions as it thinks fit; and
(ii) empower the person to whom the right to collect the pilgrim tax is farmed out to exercise all or any of the powers conferred by or under the Act and the rules and bye-laws framed thereunder for the levy and collection of the pilgrim tax.
PART V
22. Any Officer of the local authority or local authorities within whose jurisdiction a fair or festival is held, authorised, by the responsible authority in this behalf may at any time enter any vessel carrying passengers from the notified area, check the pilgrim tax ticket of any passenger and remove any passenger who has not obtained a pilgrim tax ticket before the vessel leaves the jetty, quay or other landing place.
23. The pilgrim tax tickets shall be printed. There shall be a counterfoil for each pilgrim tax ticket and the counterfoils shall be maintained by the responsible authority. 24. In the cases where the fair or festivals held within the jurisdiction of two or more local authorities, the net proceeds of the pilgrim tax shall be distributed between the local authorities in such proportions as may be determined by the Government. Explanation:- "Net proceeds" shall mean
(a) the amount payable to the responsible authority under Rule 10 together with the amount if any, forfeited under Rule 13 out of the security furnished under Rule 12 or
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Panchayat:Repo18/vol2-page0171

2018-01-06T06:25:30Z

Saritha: 'unless he is in possession of a pilgrim tax ticket showing the tax paid except in cases where a ticket for the journey is...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

unless he is in possession of a pilgrim tax ticket showing the tax paid except in cases where a ticket for the journey is issued to passengers after entry into the vessel and the pilgrim tax tickets are issued along with the ticket or tickets for the journey. 8. The responsible authority may print and supply pilgrim tax tickets to the owner or other person in charge of the vessels in which case due regard shall be paid to this circumstances in assessing the cost of Collection and the fees to be paid to him under Rule 9. 9. The owner or other person in charge of the vessel shall be entitled to receive from the collections of the tax(a) such percentage of the collections not exceeding 3 percent thereof as may be agreed upon between the owner or other person in charge of the vessel and the responsible authority, towards the cost of collection; (b) Such sum towards the cost of printing tickets (when they are not printed and supplied by the responsible authority) as may be agreed upon between the owner or other person in charge of the vessel and the responsible authority; and (c) Such fees as may be agreed upon between the responsible authority and the owner or other person in charge of the vessel: Provided that the amount fixed as fees shall not be in excess of the cost of collection under Clause (a) except with the previous sanction of the Inspector of Municipal Councils and Local Boards or other person duly authorised by the Government in this behalf.
10. After deducting the amounts due under rule 9, the owner or other person in charge of the vessel shall pay the amount of the pilgrim tax to the responsible authority within fifteen days of the expiry of the notified period.
11. With each payment under Rule 10, the owner or other person in charge of the vessel shall forward to the responsible authority a statement in the form shown in the Annexure to these rules.
12. The responsible authority may require the owner or other person in charge of a vessel to deposit such sum of money as may be decided by it as security for the due discharge by him of his duties and responsibilities imposed on him by or under these rules.
13. The security furnished under Rule 12 shall be maintained in full during the notified period and shall be liable to forfeiture by the responsible authority if the owner or other person in charge of the vessel fails to carry Out all or any of the duties and responsibilities imposed on him by or under these rules. The security shall also in the event of default be liable to adjustment towards the amount due under rule 10 at any time without previous intimation.
14. An appeal shallie to the Inspector of Municipal Councils and Local Boards against an order of the responsible authority under Rule 13 within a month of the date of communication of the order by the responsible authority to the owner or other person in charge of the vessel and the decision of the said Inspector thereon shall be final.
15. (1) Any dispute between the responsible authority and the owner or other person in
charge of the vessel as regards
(a) the gross amount of the tax collected; or
(b) the amount to be deducted under Rule 9; or
(c) the amount to be paid to the responsible authority under Rule 10; or (d) the accuracy of the statement submitted under Rule 11; or
(e) the security to be deposited under rule 12 shall be referred to the Inspector of Municipal Councils and Local Boards for decision within two months of the expiry of the notified period: Provided that, for sufficient reasons to be recorded in writing, the said Inspector may extend the period aforesaid. (2) An appeal shall lie to the Government against any decision of the Inspector of Municipal
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Panchayat:Repo18/vol2-page0170

2018-01-06T06:21:37Z

Saritha: '*MADRAS PLGRIM TAX (INLAND WATERWAYS) RULES, 1944 In exercise of the powers conferred by sub-section (3) of Section 117, C...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

*MADRAS PLGRIM TAX (INLAND WATERWAYS) RULES, 1944
In exercise of the powers conferred by sub-section (3) of Section 117, Clause (a) of Subsection (2) of Section 128 and sub-section (2) of Section 129 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make
the following rules:- PART Preliminary 1. (1) These rules may be called the Madras Pilgrim Tax (Inland Waterways) Rules, 1944. (2) They extend only to the local area or part thereof in respect of which a notification has been issued under sub-section (1) of Section 117 of the Act. 2. In these rules unless there is anything repugnant in the subject or context
() "the Act" means the Madras Public Health Act, 1939; (ii) “notified area” means the area specified in the notification under sub-section (1) of Section 117 of the Act; (iii) “notified period" means the period for which the pilgrim tax is imposed by a notification under sub-section (1) Section 117 of the Act; (iv) "pilgrim tax” means the tax imposed by a notification under sub-section (1) of Section 117 of the Act; (v) "responsible authority" means the local authority within whose jurisdiction a fair or festival is held, or if the fair or festival is held within the jurisdiction of two or more local authorities, the person or committee appointed by such local authorities, jointly under the provision of Section 120 of the Act; and (vi) “vessel" includes any ship, barge, boat, raft, timber, bamboos or floating materials and propelled in any manner. 3. A copy of the notification under sub-section (1) of Section 117 of the Act legibly written or painted in English and in the language or languages of the local area shall be displayed at some conspicuous place at every jetty, quay or otherlanding place within a notified area or at the barrier controlling admission into such jetty, quay or other landing place. 4. The responsible authority may either:- (a) entrust the collection of the pilgrim tax to the owner or other person in charge of the vessels conveying passengers from the notified area as provided in Part II of these rules; or (b) itself arrange for the Collection of the pilgrim tax with the previous sanction of the Inspector of Municipal Councils and Local Boards as provided for in Part III of these Rules; or (c) farmout the collection of the pilgrim tax as provided for in Part IV of these rules. Explanation:- Nothing contained in this rule shall preclude the responsible authority from adopting any one of the methods specified above in one part of the notified area and any other method aforesaid in any other part thereof. PART II Collection by the owner or other person in charge of passenger vessels 5. The rules in this part shall apply to cases where the collection of the pilgrim tax is entrusted to the owner or other person in charge of the vessels conveying persons from the notified area. 6. The pilgrim tax shall be collected as a surcharge on the fares. 7. No person shall be permitted to board vessel conveying passengers from notified area
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Panchayat:Repo18/vol2-page0169

2018-01-06T06:16:32Z

Saritha: 'This licence shall remain in force for a period of fifteen days from the date of issue and is subject to the rules and bye...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

This licence shall remain in force for a period of fifteen days from the date of issue and is subject to the rules and bye-laws inforce for the time being and the conditions mentioned below:-
Signature Date of issue Designation Health Officer Date of expiry Executive Authority. Conditions.
*MANNER OF SPENDING PROCEEDS OF TAXES AND TOLLS LEVIED IN RESPECT OF FAIRS AND FESTIVALS
In exercise of the powers conferred by Section 126 of the Madras Public Health Act, 1939 (Madras Act Ill of 1939), His Excellency the Governor of Madras is hereby pleased to direct that if in respect of any fair or festival any tax or toll is levied the local authority shall spend the proceeds
thereof.- Firstly - for the purposes specified in Section 120 of the said Act, and the rules made thereunder, Secondly - on the provision of such permanent arrangements as are calculated to lead to better sanitation at, or to promote the comforts and conveniences of the persons resorting to, the fair or festival, and Lastly - the residue, if any, for the benefit of the local area in such manner as may be determined by the local authority.
*RULE FOR THE PROVISION OF SANITARY ARRANGEMENTS ETC. DURING A FAR OR FESTIVAL
In exercise of the powers conferred by Clause (12) of Section 120 and Clause (a) of subsection (2) of Section 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His
Excellency the Governor of Madras is hereby pleased to make the following rule:-
The local authority within whose jurisdiction a fair or festival is held, or if it is held within the jurisdiction of two or more local authorities, any person or committee appointed by such local authorities jointly, shall make provision for the following purposes in addition to those mentioned in Clause (i) to (ii) of Section 120 of the Madras Public Health Act, 1939, namely:-
(1) the employment of adequate temporary public health staff; (2) the accommodation for the temporary medical and public health staff employed;
(3) the supply of water for the use of cattle and the opening of temporary veterinary dispensaries in connection with cattle fairs;
(4) the prevention of accidents by fire or drowning; (5) the parking of vehicles; and (6) the prevention of nuisance)
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Panchayat:Repo18/vol2-page0168

2018-01-06T06:12:31Z

Saritha: '15. The licensee shall not employ or continue to employ in or admit into the premises any person whom be knows or has reas...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

15. The licensee shall not employ or continue to employ in or admit into the premises any person whom be knows or has reason to believe to be suffering from an infectious disease.
16. (1) If the licensee knows or has reason to believe that any person in the house is suffering from an infectious disease(i) he shall give or cause to be given immediate notice of the occurrence of Such disease to the Health Officer or the Executive Authority or any Officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector; (ii) he shall segregate Such person in a separate room and shall adopt all such measures as may be necessary to prevent the spread of infection and carry out such orders as may be issued in this behalf by the Health Officer or Executive authority. (2) He shall not at any time, while a person in the house is suffering from an infectious disease, cause or allow any other person except a relative of such person or a person attending on such person to use or occupy the same room as such person. (3) He shall immediately after the death, removal or recovery of any person in the house who has been suffering from an infectious disease, cause every part of the room which may have been occupied by such person to be thoroughly cleansed and disinfected, and cause every article in such room to be in like manner cleansed and disinfected to the satisfaction of the Health Officer. 17. In the event of the existence of a case of infectious disease, on the premises the licensee shall not receive any visitor in such premises, without the permission of the Health Officer. 18. The licensee shall not cause or suffer to be used as a sleeping apartment any room intended for use as a kitchen, scullery, store-room or lumber room. 19. The licensee shall not allow any part of the premises to be used in a manner likely to be a nuisance. 20. (1) The licensee shall maintain in such form as may be specified by the Health Officer a register showing the full names and permanent addresses of all the visitors halting in the premises. (2) This register shall be produced by the licensee at any time on demand by the Executive Authority or any Officer of the Public Health Department of the local authority not below the rank of Health or Sanitary Inspector. 21. The house in respect of which a licence is granted under Section 125 of the Madras Public Health Act, 1939, shall be open to inspection by the Executive Authority, any Officer of the Public Health Department of the local authority not below the rank of Health or Sanitary Inspector or any person empowered by the Executive Authority in this behalf. 22. Whoever commits a breach of any of the above rules shall be punishable: (i) 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; and
(ii) 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.
FORM OF LICENCE See Rule 203) Under Section 125 of the Madras Public Health Act, 1939 residing in landowner of premises No. Occupier Village at street in town is hereby licensed to accommodate in the said premises not more than visitors during the fair or
festival.
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Panchayat:Repo18/vol2-page0167

2018-01-06T06:11:27Z

Saritha: '5. The license shall provide sufficient means of ventilation and lighting for every room in the premises and shall cause t...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

5. The license shall provide sufficient means of ventilation and lighting for every room in the premises and shall cause the means of ventilation and the lights to be maintained at all times in good order and efficient action. 6. The licensee shall not accommodate more than the number of visitors permitted in the licence. 7. When separate rooms are not provided for the exclusive use of individual visitors or families, the licensee shall provide separate accommodation for the exclusive use of visitors of each shed: Provided that nothing contained in this rule shall apply to the accommodation of visitors below ten years of age. 8. No person of either sex not below ten years of age shall use or occupy any room which may be used or OCCupied as a sleeping apartment by persons of the other sex not below ten years of age: Provided that this rule shall not be taken to prohibit the occupation by a husband and wife and members of their family of any room provided for their exclusive use. 9. (1) The licensee shall provide in the premises sufficient and suitable arrangements for the storage of a sufficient supply of wholesome water available at all times for the use of the visitors for drinking purposes. If there is no continuous system of drinking water supply in the premises, the Water stored shall not be less than one gallon per visitor per day. (2) The licensee shall also provide in the premises water available at all times for the use of the visitors for other purposes. If there is no continuous system of water-supply in the premises the water stored shall not be less than 10 gallon per visitor per day. (3) If the water, whether for drinking or other purposes is not obtained from the piped watersupply System in the local area, it shall be derived from such source or Sources as may be approved by the Health Officer. 10. The licensee shall, if directed by the Health Officer, provide in the premises suitable bathing rooms and Washing facilities for the visitors. 11. (1) The licensee shall provide in the premises, for the use of the visitors of each sex, latrines, of such size and description as may be specified by an officer of the Public Health Department of the local authority not below the rank of Health or Sanitary Inspector and shall make adequate arrangements for the cleansing of such latrines and for maintaining them fit for ԱSe. (2) Every latrine shall, unless it is a flush-out latrine, have a separate entrance from the external air, and shall be located at a distance of not less than 10 feet from the rest of the building and 20 feet from a drinking water source. 12. The licensee shall provide such drains or other means for effectively draining the premises as may be directed by the Health Officer and shall cause all such drains or other means of drainage to be maintained in good order and clean condition. 13. (1) The licensee shall cause the floor of every room and passage and every stair in the premises to be at all times in a thoroughly clean condition. (2) He shall cause every yard, area and other open space within the premises to be maintained at all times in good order and to be thoroughly cleansed from time to time as often as may be necessary for the purpose of keeping such yard, area and other open space in a clean condition. (3) He shall provide suitable air-tight non absorbent covered receptacles in suitable places in the premises for the deposit of all refuse matter and such receptacles shall be emptied at least once in twenty-four hours. (4) He shall prevent any accumulation of rubbish or filth in the premises. 14. The licensee shall cause every part of the internal surface of the walls andceiling of the house to be hot lime washed before visitors are admitted.
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Panchayat:Repo18/vol2-page0166

2018-01-06T06:09:29Z

Saritha: '(i) with fine which may extend to Rupees 50/- and in case of a Continuing breach which may extend to Rupees. 5/- for every...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(i) with fine which may extend to Rupees 50/- and in case of a Continuing breach which may extend to Rupees. 5/- for every day during which the breach continues after conviction for the
first breach, or
(ii) with fine which may extend to Rupees 10/- for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.
*RULES REGARDING THE APPORTIONMENT OF COST OF ALTERATION OR RECONSTRUCTION OF DRANS
In exercise of the powers conferred by sub-section (2) of Section 28 and Section 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rule:-
Where by reason of a local authority changing its system or drainage or undertaking a new system of drainage in lieu of an old system, it becomes necessary for the owner of any premises to reconstruct or alter any drain, the cost of the reconstruction or alteration of that portion of the drain which is situated inside the premises shall be borne wholly by the owner and the cost of the reconstruction or alteration of that portion of the drain which is situated outside the premises shall be borne wholly by the local authority.
"THE MADRAS FAIRS AND FESTIVALS LICENSING OF HOUSES FOR RECEPTION OF VISITORS RULES, 1939
In exercise of the powers conferred by Section 125 and Sub-section (1) and Clause (a) of sub-section (2) of Section 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. These rules may be called The Madras Fairs and Festivals Licensing of Houses for Reception of Visitors Rules, 1939. 2. (1) The owner or occupier of a house applying for a licence under Section 125 of the Madras Public Health Act, 1939 shall specify in the application the following particulars:- (a) His full name and place of residence; (b) the situation of the premises to be used for the accommodation of visitors for gain;
(c) the total number of rooms in the house, the dimensions of each room and the purpose or purposes for which each room is proposed to be used; and
(d) the other space such as verandahs, open spaces and yards available in the house. (2) He shall remit with his application a fee of Rupees 2/- for every fifteen days or fraction
thereof for which the licence is applied for. (3) The licence granted shall be in the form appended to these rules.
3. No licence shall be granted unless the house is certified by an officer of the Public Health Department of the local authority not below the rank of Health or Sanitary Inspector as fit for the purpose of accommodating visitors.
4. The licence shall not permit any room wholly or partly used for habitation to be occupied
at any one time by a greater number of persons than will allow 30 Square feet of floor space and
300 cubic feet for each person exceeding ten years of age and 20 square feet of floor space and
۔۔۔۔۔۔۔: 200 cubic feet for each person not exceeding ten years of age.
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Panchayat:Repo18/vol2-page0165

2018-01-06T06:07:22Z

Saritha: '16. No person shall (i) in the removal of filth, use any chart or receptacle not having a covering properfor preventing th...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

16. No person shall
(i) in the removal of filth, use any chart or receptacle not having a covering properfor preventing the escape of the contents thereof or of the stench therefrom, or
(ii) intentionally or negligently spill any filth in the removal thereof, or
(iii) omit to Sweep and clean carefully every place in which any such filth has been spilled, Ο
(iv) place or set down in any public place any filth whether in a vessel closed or open.
17. No person shall place on the surface of the ground or otherwise dispose of human excreta in such a manner as is likely to contaminate any source of water which is used or likely to be used for drinking or any other domestic purposes.
PART IV Bore-Hole Latrines
18. The rules in this part shall apply to bore-hole latrines only.
(1) The bore-hole latrine shall be so constructed that the entrance to it is from an open space and not directly from a habitable portion of the main building.
(2) It shall be situated at a distance of not less than 20 feet from the rest of the building.
(3) It shall be situated at a distance of not less than 40 feet from any Well, Spring or stream of water used or likely to be used by men for drinking or domestic purposes or for the manufacture of drinks for use of men:
Provided that this sub-rule shall not be deemed to authorize the construction of a bore-hole latrine at any place if it is likely to render the water in any such well, spring or stream liable to
contamination. (a) its diameter shall not exceed 16 inches and its depth shall be not less than 12 feet; (b) its sides shall be lined with matting or similar material if it is sunk in loose soil; (c) a concrete squatting slab or a seat made of durable material and provided with suitable
opening in the centre for the deposit of excreta shall be placed over the bore-hole; (d) the Squatting slab or seat shall rest on a secure foundation. 20. The occupier of a premises in which a bore-hole latrine has been provided shall fill or
cause to be filled such latrines with earth if the level of the excretal contents therein is within three feet from the opening of the bore-hole.
21. If any bore-hole latrine is filled with earth in accordance with the provisions of Rule 20, the owner of the premises shall provide another bore-hole latrine for the use of the occupiers of such premises.
22. The occupier of a premises in which a bore-hole latrine is provided shall maintain it in such a condition as to check the breeding of flies, and shall adopt such measures as may be specified by the Health Officer for this purpose.
23. A bore-hole latrine which is intended or constructed for the deposit of human excreta
shall not be used for depositing any other refuse. PART WI
Penalties 25. Whoever contravenes
. (a) any of the provisions contained in any of these rules, or (b) disobeys or fails to comply with any direction given or any requisition made in pursuance of these rules shall be punishable
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Panchayat:Repo18/vol2-page0164

2018-01-06T06:05:58Z

Saritha: '(b) It shall be situated at a distance of not less than 10 feet from any portion of the building which is used for habitat...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

(b) It shall be situated at a distance of not less than 10 feet from any portion of the building which is used for habitation or for storing or preparing any articles of food or drink. (c) It shall be situated at a distance of not less than 20 feet from any Well, Spring or stream of water used or likely to be used by men for drinking or for the manufacture of drinks for use of men: Provided that this clause shall not be deemed to authorise the construction of a privy at any place, if it is likely to render the water in any such Well, spring or stream liable to contamination. (d) It shall be so situated that it shall have suitable means of access to the Scavengers for cleaning and the removal of excreta: Provided that Clauses (a), (b) and (c) of this rule shall not apply to bathrooms where commodes and chamber pots are used. Note:- Aprivy is a latrine, which is not served by a water carriage system as well as one in which a bore or hole in the earth is not used to receive the excreta. 12. Every privy shall be provided with adequate means of lighting and ventilation. 13. The owner of any premises shall, if such premises are occupied by more than one family, provide for the use of each family separate latrine accommodation on the following scale:- (a) In areas where there is water carriage system, one flush out seat for an ordinary family consisting of half a dozen members. (b) In the case of dry earth latrine where bucket is used as a Common receptacle, two seats with buckets for a small family of less than six members. (c) In the case of other types of dry earth latrines, where no receptacles are used, at least three seats for each family: Provided that the Health Officer may for reasons to be recorded in writing relax the provisions of this rule in any particular case - (1) The owner of any premises shall, if so directed by the Health Officer, provide in the privy in such premises one or more movable galvanized and tarred receptacles for depositing eXCreta. (2) Such receptacles shall be(a) so constructed and placed that their contents may not at any time be exposed to rain or discharge into any drain, or escape by leakage or otherwise from the receptacle. (b) constructed of such materials as to prevent the absorption by the receptacles of any filth deposited therein. (3) No such receptacle shall exceed one cubic foot in capacity. 14. If a receptacle for excreta has been provided in a privy in any premises, (a) the whole of the containing Walls of the Space beneath the seat, except Such opening as may be necessary for affording access to the space, shall be constructed so as to be impervious to moisture; (b) the floor of the space beneath the seat shall be at least three inches above the surface of the adjoining ground; (c) the seat, the aperture in the seat and the space beneath the seat shall be of such dimensions exceeding one cubic foot and be so placed and fitted beneath the seat as to prevent the deposit of any filth elsewhere than in such receptacle; (d) adequate access for cleaning the space beneath the seat and for removing therefrom or placing therein the receptacle for filth shall be provided. 15. If the privy in any premises has been provided with a receptacle for the deposit of excreta, the occupier of such premises shall, if so directed by the Health Officer, keep a sufficient supply of dry earth or other deodorizing substance in a suitable vessel of adequate capacity and deposit or cause to or deodorizing substance in the receptacle after each use of the privy.
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Panchayat:Repo18/vol2-page0163

2018-01-06T06:00:56Z

Saritha: '3. The floor of every latrine shall be of non-absorbent material and shall in every part be at least three inches higher t...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

3. The floor of every latrine shall be of non-absorbent material and shall in every part be at least three inches higher than the surface of the adjoining ground and be suitably graded.
4. When two or more seats are provided in a latrine, each seat shall be separated from the other or others by a partition SO Constructed as to secure privacy to the persons using such latrines.
5. The OCCupier of any premises shall cause every latrine in such premises to be maintained at all times in good order.
6. The occupier of any premises shall, when so required by the Health Officer, provide and use disinfectants and other accessories for the disinfection of the latrine in such premises.
PART II Water Closets
7. Water closets shall be in accordance with one or other of the type designs approved by the Sanitary Engineer or other authority empowered by the Government in this behalf. The work of installation should be done by a licensed plumber or under the supervision of a qualified person. 8. (1) No septic tank shall be constructed in any premises except in accordance with one
of the type designs approved by the Sanitary Engineer or other authority empowered by the Government in his behalf. The work shall not be executed except by a licensed plumber or under
the supervision of a qualified person. (2) In the case of premises owned by the Government, the work shall not be brought into use unless it is certified that it has been properly constructed(a) by an officer of the Public Health Department of the Government or the local authority not below the rank of a Second-Class Health Officer; and (b) by an Engineering Officer of the Government not below the rank of Assistant Engineer in the Madras Engineering Service. (3) In the case of premises not owned by the Government the work shall not be brought into ԱSe(a) in a municipal area, unless it is certified that it has been properly constructed(i) by the municipal Health Officer or if there is no municipal Health Officer by an officer of the Public Health Department of the Government or of the district board of the district in which the municipality is situated, not below the rank of Assistant Health Officer, and (ii) by the Municipal Engineer or if there is no Municipal Engineer by an Engineering Officer of the district board of the district in which the municipality is situated, not below the rank of Local Fund Assistant Engineer; and (b) in other areas, unless it is certified that it has been properly constructed by the Assistant District Health Officer and by the Local Fund Assistant Engineer. 9. The water closet and septic tank and works connected therewith shall be maintained in
proper order and except human excreta no garbage, refuse, or other matter, which is likely to obstruct or interfere with their proper Working shall be placed or allowed in the water closet and septic tank Systems. 10. For the purposes of this part a local authority may maintain a list of licensed plumbers or a register of qualified persons in accordance with the bye-laws framed by such local authority in this behalf. ' PART III Privy 11. Every person who constructs a privy in connection with a building shall comply with the following conditions:- (a) The privy shall be so constructed that the entrance to it is from an open space or verandah and not directly from a habitable portion of the main building.
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Panchayat:Repo18/vol2-page0162

2018-01-06T05:58:30Z

Saritha: 'RULES REGARDING REGISTRATION FEES OF LODGING HOUSES In exercise of the powers Conferred by sub-section (1) of S. 103 and C...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

RULES REGARDING REGISTRATION FEES OF LODGING HOUSES
In exercise of the powers Conferred by sub-section (1) of S. 103 and Clause (a) of subsection (2) of Section 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. The fee payable for registration or renewal of registration of a person as a keeper of a lodging house shall be as follows:
Provided that no fees shall be charged in respect of a lodging house wherein no charges are levied from the lodgers either for boarding or for accommodation.
'[Where the monthly rent for the lodging house or its Registration fee for monthly rental value is lOdging house Without With lodging lodging facilities facilities
(1) (2) (3)
A. City of Madras 1. RS. 50 and belloW 20 100 2. ExCeed Rs. 50 but not exceed Rs.100 50 150 3. Exceed Rs. 100 but not exceed Rs.200 75 225 4. Exceed Rs. 200 but not exceed Rs.400 100 300 5. Exceed Rs. 400 but not exceed Rs.750 150 450 6. EXCeed RS. 750 but mot eXCeed RS. 1500 2OO 600 7. Exceed Rs. 1500 2OO 750
B. Local and Municipal areas other than the City of Madras
1. Rs. 20 and below 10 30 2. Exceed Rs. 20 but not exceed Rs. 50 2O 60 3. Exceed Rs. 50 but not exceed Rs. 100 50 150 4. Exceed Rs. 100 but not exceed Rs.200 75 225 5. Exceed Rs. 200 but not exceed Rs.400 100 300 6. Exceed Rs.400 150 450)
*PRIVATE SANITARY CONVENIENCES (CONSTRUCTION, MAINTENANCE AND SUPERVISION) RULES, 1941
In exercise of the powers conferred by Sections 40(1)(b) and 128 and sub-section (2) of Section 129 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency, the
Governor of Madras is pleased to make the following rules:- PART General
- . . . . . . . " 1. These rules may be called the Private Sanitary Conveniences (Construction, Maintenance
and Supervision) Rules, 1941. SuS SAAS S A A SuSuSuS . . . . 2. Every latrine shall be provided with a suitable doorway having a properly fitted door Ο screen, which shall be maintained at all times in good order.
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Panchayat:Repo18/vol2-page0161

2018-01-06T05:55:40Z

Saritha:

infection and carry out such orders as may be issued in this behalf by the Health Officer or executive authority. (2) He shall not at any time, while a lodger is suffering from an infectious disease, cause or allow any other person except a relative of such lodger or a person attending on such lodgerto use or occupy the same room as such lodger. (3) He shall immediately after the death, removal or recovery of any lodger who has been suffering from an infectious disease, cause every part of the room which may have been occupied
by such lodger to be thoroughly cleansed and disinfected and shall also cause every article in such room which may be liable to retain infection to be in like manner cleansed and disinfected to
the satisfaction of the Health Officer. 23. The keeper of a lodging house shall not cause or suffer to be used as a sleeping
apartment any room intended for use as a kitchen, Scullery, store room or lumber room. 24. (1) If in a lodging house, beds, mattresses and pillows are provided for the use of
lodgers, the keeper of the lodging house shall not allow any lodger to use any bed, mattress or pillow which has been used by another lodger until the same has been thoroughly cleaned, aired
and exposed to the Sun. (2) The keeper of a lodging house shall not allow any lodger to use any bed Covers, pillow covers or sheets which have been used by another lodger until the same have been thoroughly washed and cleaned. 25. The keeper of a lodging house shall, when a lodger vacates a room, have it thoroughly cleaned and aired before allowing it to be occupied by another lodger. 26. The keeper of a lodging house shall not use or cause to be used any part of the premises for storing or keeping any inflammable material or any article which is dangerous or detrimental to the health or safety of the lodgers. 27. The keeper of a lodging house shall not allow any part of the premises to be used in a manner likely to be nuisance. 28. (1) The keeper of a lodging house shall maintain in such form as may be specified by the Health Officer a register showing the full names and permanent addresses of all the lodgers halting in the premises. (2) This register shall be produced by the keeper of the lodging house at any time on demand by the Executive Authority or an Officer of the Public Health Department of the local authority not below the rank of Health or Sanitary Inspector.
(3) Nothing contained in the rule shall apply to a choultry, chatram or dharmasala which has no regular manager or clerk.
29. Every keeper of a lodging house shall, if required by the Health Officer or Executive Authority, put up in a conspicuous place in the premises a copy of these rules and of other rules and bye-laws relating to the regulation and control of the premises and shall not at any time conceal, deface, alter, obliterate or destroy any portion of such rules or bye-laws.
30. The keeper of a lodging house or his deputy shall be present at the premises at all hours during day and night.
31. Whoever commits a breach of the provisions of Rules 3 to 30 shall be punishable (a) with fine which may extend to fifty rupees and in case of 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 for receipt of notice from the executive authority or the Health Officer to discontinue such breach.
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Panchayat:Repo18/vol2-page0161

2018-01-06T05:26:38Z

Saritha: '15. (1) The keeper of a lodging house shall provide in the premises suitable bathing rooms separately for the use of perso...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

15. (1) The keeper of a lodging house shall provide in the premises suitable bathing rooms separately for the use of persons of each sex.
(2) The number of bathing rooms to be provided shall be on the following scale:- (a) If the number of lodgers does not exceed 25, a minimum of one bathing room for the exclusive use of each sex. (b) If the number of lodgers exceeds 25, one bathing room for each sex for every 25 persons or fraction thereof. 16. The keeper of a lodging house shall provide in the premises adequate facilities to the lodgers for washing their clothes.
17. (1) The keeper of a lodging house shall provide separate latrines, suitably situated, for the exclusive use of members of each sex.
(2) The number of latrines to be provided shall be on the following scale:-
(a) if the number of lodgers does not exceed ten, one latrine seat for the exclusive use of each sex.
(b) If the number of lodgers exceeds ten, one latrine seat for each sex for every ten lodgers or fraction thereof.
(3) When two or more latrine seats are provided each seat shall be separated from the other by a wall or partition SO Constructed as to secure adequate privacy for each user thereof.
(4) The keeper of a lodging house shall provide in or near the latrines a sufficient supply of Water for the users of the latrines.
18. (1) Every latrine in a lodging house, unless it is a flush-out latrine (i) shall have a separate entrance from the external air, (ii) shall not open into any room in the premises of the lodging house and (iii) shall be located at a distance of not less than 10 feet from the rest of the building and 20 feet from a drinking water source.
(2) Latrines not of a flush-Out design, shall be of such type and design as may be approved by the Health Officer.
(3) The keeper of a lodging house shall be responsible for making adequate arrangements for cleaning the latrines and maintaining them clean fit for use at all times.
(4) Clauses (ii) and (iii) of Sub-rule (1) and sub-rule (2) shall not apply to bathrooms provided with sanitary commodes.
19. No person shall use any place within the premises of a lodging house other than a latrine or a bath room provided with a sanitary commode for easing himself.
20. The keeper of a lodging house shall not employ or continue to employ in, or admit into, the lodging house any person whom he knows or has reason to believe to be suffering from an infectious disease.
21. When a case of infectious disease exists or is suspected to exist in a lodging house, the keeper of the lodging house shall afford every facility to any officer of the Public Health Department of the local authority not below the rank of Health or Sanitary Inspector to examine or cause to be examined any of the lodgers or persons employed in Such premises, and he shall not receive, if so directed by the Health Officer, any lodger in the lodging house until such time as may be specified by the Health Officer.
22. (1) If the keeper of a lodging house knows or has reason to believe that any lodger in the premises of Such a lodging house is suffering from any infectious disease () he shall give or cause to be given immediate notice of the occurrence of such disease to the Health Officer or the executive authority or any officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector and (ii) he shall segregate such lodger in a separate room and shall adopt all such measures as may be necessary to prevent the spread of
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Panchayat:Repo18/vol2-page0160

2018-01-06T05:25:26Z

Panchayat:Repo18/vol2-page0159

2018-01-06T05:16:28Z

Saritha: 'Provided that the Health Officer may relax the restriction regarding the above dimensions by 25 percent if the area of the...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Provided that the Health Officer may relax the restriction regarding the above dimensions by 25 percent if the area of the windows referred to in Rule 5 exceeds 15 percent of the floor space of the room: Provided further that if the average height of the room is less than 10 feet the floor space specified above shall be increased in the proportion of one tenth for every foot or part of a foot by which the average heightfalls short of 16 feet. 7. When separate rooms are not provided for the exclusive use of individual lodgers or families, the helper of a lodging house shall provide separate accommodation for the exclusive use of lodgers of each sex: Provided that nothing contained in this rule shall apply to the accommodation of persons below 10 years of age. 8. No person of either sex not below 10 years of age shall use or occupy any room which may be used or OCCupied as a sleeping apartment by persons of the other sex not below 10 years of age: Provided that this rule shall not be taken to prohibit the occupation by a husband and wife and members of their family of any room provided for their exclusive use. 9. The keeper of a lodging house, shall, if directed by the Health Officer, put up in each habitable portion of the premises of the lodging house a board notifying the dimensions of such portion and the maximum number of persons permitted to lodge therein. 10. Every year the keeper of a lodging house shall cause every part of the internal surface of the walls and ceiling of every building in the premises to be hot-lime washed at Such intervals as may be specified by the Health Officer: Provided that, if any walls or ceiling have been painted, distempered, or covered with paper, such paint or distemperor paper shall be renewed as and when required by the Health Officer. 11. The keeper of a lodging house shall provide such drains as may be necessary effectively to drain the premises and shall cause all such drains to be maintained at all times in good order and efficient action. 12. The keeper of a lodging house shall cause every part of the flooring in the premises to be paved, or otherwise made impervious, and drained to the satisfaction of the Health Officer or Executive Authority and such flooring shall at all times be kept in good order and repair. 13. (1) The keeper of a lodging house shall cause the floor of every room and passage and every stair in the premises to be at all times in a thoroughly clean Condition. (2) He shall cause every yard, area, and other open space within the premises to be maintained at all times in good order and to be thoroughly cleansed from time to time as often as may be necessary for the purpose of keeping such yard, area and other open space in a clean Condition. (3) He shall provide suitable air-tight non-absorbent covered receptacles in Suitable places in the premises of the lodging house for the deposit of all refuse matter and such receptacles shall be emptied at least once in every 24 hours. (4) He shall prevent any accumulation of refuse or filth in the premises. 14. (1) The keeper of a lodging house shall provide in the premises sufficient and suitable arrangements for the storage of a sufficient quantity of wholesome water available at all times for the use of the lodgers for drinking purposes. If there is no continuous system of drinking watersupply in the premises the Water stored shall not be less than one gallon per lodger per day. (2) The keeper of a lodging house shall also provido in the premises water available at all times for the use of the lodgers for other purposes. If there is no continuous system of water supply in the premises the water stored shall not be less than 10 gallons per lodger per day.
(3) If the water, whether for drinking or other purposes, is not obtained from the piped water
supply system in the local area, it shall be derived from such source or sources as may be approved by the Health Officer.
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Panchayat:Repo18/vol2-page0158

2018-01-06T05:15:12Z

Saritha: 'Madras Public Health Act, 1939, of a notice issued under sub-section (2) of the section shall be made in the following man...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Madras Public Health Act, 1939, of a notice issued under sub-section (2) of the section shall be made in the following manner, namely:- () by affixation of copies of the notice in English and in the language or languages of the district in a conspicuous position at or near the source or sources of water-supply; and (ii) by beat of drum in the local area to which water is, or is proposed to be, supplied from the source of Water-supply.
THE LODGING HOUSES (UPKEEP AND MAINTENANCE) RULES, 1940
In exercise of the powers conferred by Section 16 and sub-section (1) and Clause (a) of sub-section (2) of Section 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. These rules may be called the Lodging Houses (Upkeep and Maintenance) Rules, 1940.
2. In these rules, unless there is anything repugnant in the subject or context "keeper of a lodging house” includes his deputy. 3. (1) Every person applying to the executive authority for registration or for the renewal of his registration as a keeper of a lodging house shall specify in his application the following particulars:— (a) his full name and place of residence; (b) the full names and the places of residence of any persons who are to act as deputies of the keeper of the lodging house; (c) the full name and place of residence of the owner of the premises;
(d) the situation of the lodging house;
(e) the total number of rooms in the lodging house, the dimensions of each room and the purpose or purposes for which each room is proposed to be used; and
(f) the other Space Such as Verandahs, Open spaces, and yards available in the lodging house. (2) He shall Submit a plan of the lodging house in duplicate showing the details specified in Clauses (e) and (f) of sub-rule (1) at the time of registration and also whenever there is any alteration in the plan of the lodging house. 4. Premises used as a lodging house shall be constructed of masonry or of such other durable material as may be approved by the Health Officer or executive authority and no part thereof shall be constructed of inflammable materials:
Provided that in the case of any premises used as a lodging house temporarily for a period not exceeding two Weeks the provisions of the rule may be waived by the Health Officer or executive authority.
5. Every room in lodging house intended for habitation by the lodgers shall have windows opening into the external air or into a Verandah opening into the external air. The total area of such windows shall not be less than 10 percent of the floor area of such room, and all such windows shall be maintained in good order and efficient action.
6. The keeper of a lodging house shall not permit any room wholly or partly used for habitation to be occupied at any one time by a greater number of persons than will allow 40 square feet of floor space and 400 cubic feet for each person exceeding 10 years of age and 95 square feet of floor space and 250 cubic feet for each person not exceeding 10 years of age:
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Panchayat:Repo18/vol2-page0157

2018-01-06T05:13:47Z

Saritha: 'in which the conveyance is usually kept, and before permitting any other person to enter such conveyance or any other arti...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

in which the conveyance is usually kept, and before permitting any other person to enter such conveyance or any other article to be carried in such conveyance, shall cause it to be disinfected.
5. The body of any person who has died while suffering from a notified disease shall not be conveyed in a public conveyance unless such body has first been Suitably disinfected with such disinfectants as the Health Officer may from time to time determine or unless it is covered with cloth so disinfected.
6. The owner, driver or conductor of a public conveyance shall stop it if so required by any other officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector for the purpose of inspection or disinfection or both.
7.Whoever commits a breach of Rules 1, 3, 4, 5 or 6 shall be punishable with imprisonment which may extend to three months or with fine or with both.
*PROTECTION AND EXAMINATION OF SOURCES OF WATER SUPPLY RULES, 1940
In exercise of the powers conferred by Section 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. These rules may be called the Protection and Examination of Sources of Water-supply Rules, 1940.
2. (1) Before taking action under Section 24 of the Madras Public Health Act, 1939, in regard to any lake, Spring, well, tank, reservoir, pond or other sources of Water-supply (not being a running water course such as a river, stream or canal) which is used for drinking, the Health Officer may, at any time by written notice require the owner of or any person having Control over, such lake, spring, well, tank, reservoir, pond or other source of water-supply to have samples of water from such lake, spring, well, tank, reservoir, pond or other source of water Supply analysed within a reasonable time to be specified in the notice, in the King Institute of Preventive Medicine, Guindy, or in any other institution recognized for the purpose by the Government from time to time.
(2) If the owner or person aforesaid fails or neglects to comply with any notice issued under sub-rule (1) within the time specified therein, the Health Officer may himself arrange for the analysis of samples of water from the source of water-supply concerned, in the King Institute of Preventive Medicine, Guindy, or in any other institution recognized for the purpose by the Government from time to time.
3. All the expenses in connection with the analysis of samples of water from any of the sources of water-supply referred to in Rule 2 shall be paid from the funds of the local authority
concerned.
*RULES FOR THE PROTECTION FROM CONTAMINATION OF THE SOURCE OF WATER SUPPLY AND PROVISION OF ADDITIONAL SOURCE OR SOURCES
In exercise of the powers conferred by sub-clause (1) of Clause (b) of sub-section (4) of Section 20 and sub-section (2) of Section 128 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to issue the following rule:-
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Panchayat:Repo18/vol2-page0156

2018-01-06T05:10:25Z

Saritha: '*RULES PROHIBITING THE TRAVELLING OF PERSONS OTHER THAN A MEDICALATTENDANT, ETC., INA PUBLIC CONVEYANCE USED FOR CARRYING...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

*RULES PROHIBITING THE TRAVELLING OF PERSONS OTHER THAN A MEDICALATTENDANT, ETC., INA PUBLIC CONVEYANCE USED FOR CARRYING A PERSON SUFFERING FROM A NOTIFIED DISEASE
In exercise of the powers conferred by Sections 81 and 128 and sub-section (1) of Section 129 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency of Governor of Madras is hereby pleased to make the following rules:-
1. The owner, driver or other person in charge of a public conveyance not provided with benches or berths, shall not when a person whom he knows to be suffering from a notified disease is conveyed in such conveyance, allow any person except a medical attendant, nurse, relative or other person in charge of the person suffering from the notified disease to travel in Such Conveyance:
Provided that nothing contained in this rule shall apply to a public conveyance to which the notification under sub-section (3) of Section 69 of the Madras Public Health Act, 1939, published at page 772 of Part I-A of the Fort St. George Gazette, dated 14th November 1939, applies.
2. Whoever commits a breach of rule 1 shall be punishable with imprisonment which may
extend to three months or with fine or with both.
*RULES RELATING TO THE PREVENTION OF SPREAD OF NOTIFIED TOISEASES BY THE TRANSPORT OF ARTICLES
BYMEANS OFPUBLIC CONVEYANCES
In exercise of the powers conferred by Sections 81 and 128 and sub-section (1) of Section 129 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules.-
1. No person shall take or cause to be taken in any public Conveyance any article which he knows, or has reason to believe has been exposed to infection from any notified disease, without previously disinfecting Such article: Provided that nothing in this rule shall apply to the Conveyance of any article in a public Conveyance for the purpose of having it disinfected after taking such proper precautions as may be specified in writing by an officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector.
2. No owner, driver or conductor of a public Conveyance shall be bound to carry any article which he knows, or has reason to believe, has been exposed to infection from any notified disease, or the body of any person who has died while suffering from such disease, unless and until he is paid or tendered a sum sufficient to cover any expense that may be incurred in disinfecting such Conveyance. 3. No owner, driver or conductor of a public conveyance, shall in contravention of Rule 1 carry or permit to be carried in such conveyance any article which he knows or has reason to believe, has been exposed to infection from any notified disease.
4. If the body of any person who has died while suffering from a notified disease, or any article which has been exposed to infection from a notified disease, is conveyed in a public conveyance, the person in chargethereof shall as soon as practicable give notice to an officer of the Public Health Department not below the rank of Health or Sanitary Inspector of the total area
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Panchayat:Repo18/vol2-page0155

2018-01-06T05:07:29Z

Saritha: '11. If the Health Officer is of opinion that any vaccination or preventive inoculation has not been done properly or with...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

11. If the Health Officer is of opinion that any vaccination or preventive inoculation has not been done properly or with an approved vaccine, or that any certificate of vaccination or preventive inoculation has been improperly or fraudulently obtained, he may cancel Such Certificate and the person on whom such vaccination or inoculation has been done or to whom such Certificate has been given shall be deemed not to have been vaccinated or given preventive inoculation.
12. No local authority or Health Officer shall obtain vaccines or biological products except from the Government laboratory or from such institutions as may from time to time be approved by the Government.
13. Whoever
(a) obstructs the Health Officer, Health Inspector, Sanitary Inspector or any officer or servant of the Government or local authority in the discharge of his duties under these rules, or
(b) contravenes any provision of these rules, or
(c) disobeys, or fails to comply with any order given or requisition made in pursuance of these rules shall be punishable with imprisonment which may extend to three months or with fine or with both.
*INFECTIOUS DISEASES (PREVENTION OF INFECTION THROUGH ANIMALS) RULES, 1940
In exercise of the powers conferred by Sections 81 and 128 and sub-section (1) of Section 129 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. These rules may be called the Infectious Diseases (Prevention of Infection Through Animals) Rules, 1940.
2. The Health Officer may seize and destroy any carcass which shows signs of tapeworm or tuberculosis infection. No claim for damages shall lie on account of Such seizure or destruction.
3. No person shall feed or permit to be fed on human excreta any animal which is kept for dairy purposes or may be used for food, or allow such animal to have access to such excreta.
4. No person shall convey the carcass or any part of the carcass of any animal which has died while suffering from glanders, rinderpest or foot-and-mouth disease, in a public Conveyance unless such carcass or part has been completely wrapped in a sheet soaked in a solution of cresol of the strength of 1 in 50 or izal of the strength of 1 in 100 or any other disinfectant approved by the Health Officer.
5. A public conveyance in which the carcass or any part of the carcass of any animal which has died suffering from any of the diseased mentioned in Rules 2 and 4 has been conveyed shall not be used again for the conveyance of passengers or goods unless Conveyance has been properly disinfected and a certificate to that effect obtained from an officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector.
6. Whoever commits a breach of Rules 3, 4 or 5 shall be punishable with imprisonment which may extent to three months or with fine or with both.
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Panchayat:Repo18/vol2-page0154

2018-01-06T05:03:55Z

Saritha: 'Provided further, that in the case of persons living in dwelling houses, the examination shall be made after giving such n...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

Provided further, that in the case of persons living in dwelling houses, the examination shall be made after giving such notice as may appear to such officer to be reasonable.
4. The owner or occupier of such premises shall give such facilities and furnish Such information as may be required for the diagnosis of the case, or for the investigation of the source of infection of such disease.
5. if any person suffering from a notified disease (hereinafter referred to as the patient) is removed from one premises to another when in the same or another village or municipality, the person in charge of the patient shall give intimation to the village headman, Health Officer or Health or Sanitary Inspector having jurisdiction over the place from which the patient is to be removed of his intention to remove the patient from the place, at least two days before the removal takes place and shall also give particulars of the place to which the patient is to be removed. He shall also intimate the removal without delay to the village headman, Health Officer or Health or Sanitary Inspector having jurisdiction over the place to which the patient is removed and shall also give particulars of the place from which the patient has been removed. The removal shall be effected after adopting all proper precautions for preventing the Spread of infection.
6. If, in the event of the prevalence of cerebro-spinal fever, chickenpox, cholera, diphteria, measles, plague or smallpox, in a local area the Health Officer is of opinion that it is necessary that the whole or any particular department of an educational institution in the local area should be closed in the interests of the pupils or students studying in such institution, he may by notice in writing direct the teacher or person in charge of the institution, to close such institution or any particular department of such institutions the expiry of such period as may be specified in the notice.
7. If any one studying or employed in an educational institution is suffering from an infectious disease, or if there is a case of infectious disease in the residence of such person; the teacher or person in charge of the institution shall intimate the fact to the Health Officer, Health Inspector or Sanitary Inspector having jurisdiction over the local area, and shall carry out such directions as may be issued in this behalf by such Health Officer, Health Inspector or Sanitary Inspector.
8. If the teacher or person in charge of an educational institution in a local area knoWS or has reason to believe that any pupil, student or employee in such institution is or has been suffering from, or has been exposed to infection from cerebro-spinal fever, chickenpox, cholera, diphteria, measles, plague or smallpox, he shall exclude from the institution such pupil, student or employee until a medical practitioner registered under the Madras Medical Registration Act, 1914, or an Officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector certifies in writing that such pupil, student or employee may attend the institution without risk of the spread of infection.
9. In the event of the prevalence or threatened outbreak of a notified disease in any local area, the Health Officer shall, as far as may be practicable, Supply on the Written application of a medical practitioner registered under the Madras Medical Registration Act, 1914, Vaccines for vaccination or preventive inoculation with respect to such notified disease on payment of the Cost to be fixed by Government by a general or special order.
10. (1) Any medical practitioner to whom vaccine is supplied under Rule 9 shall(a) maintain such records and in such form, and (b) Submit to the Health Officer such returns and in such form, as may be required by the Director of Health Services).
(2) Such medical practitioner shall be bound to issue a certificate of vaccination or preventive inoculation as the case may be, free of charge to any person who has been Vaccinated or given preventive inoculation by Such practitioner.
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Panchayat:Repo18/vol2-page0153

2018-01-06T05:01:41Z

Saritha: '92 (a) Construction of factories, workshops, etc., in Two hundred rupees residential areas (b) Failure of factories, works...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

92 (a) Construction of factories, workshops, etc., in Two hundred rupees residential areas (b) Failure of factories, workshops, etc., to comply One hundred rupees with restrictions imposed 96 2&3 Failure to cease to inhabit a dwelling house Fifty rupees
declared unfit for human habitation; or permitting it to be let or occupied as a dwelling house
57(xx xx 99 (a) Failure to maintain a tenement in habitable Twenty rupees Condition (b) Causing or permitting a tenement to be Twenty rupees OverCrOWoded 101 - - - Keeping a lodging house or receiving a lodger Fifty rupees without registration 106 (1) Failure to affix notice Fifty rupees (2) Refusal to allow free access to the executive Fifty rupees authority, etc., to all parts of the lodging house 108 (1) Selling, etc., unsound meat or food Twenty rupees 109 - - - Selling, etc., unsound meat or food through others Twenty rupees 113 (2) Infected person carrying on trade, etc., in Twenty rupees articles of food 115 (5) Failure to comply with the order prohibiting the Fifty rupees supply of milk or dairy produce 124 - - - Failure to comply with notice to close or Twenty-fiverupees disinfect source of Water Supply 125 (1) & (3) Accommodating visitors without licence or Twenty rupees
infringing conditions of licence
*INFECTIOUS DISEASES (GENERAL) RULES, 1940
In exercise of the powers conferred by Sections 81 and 128 and sub-section (1) of Section 129 of the Madras Public Health Act, 1939 (Madras Act III of 1939), His Excellency the Governor of Madras is hereby pleased to make the following rules:-
1. These rules may be called the Infectious Diseases (General) Rules, 1940.
2. (1) If in any premises there is any case of cerebro-spinal fever, or chickenpox, the Health Officer or any one authorised by him in that behalf may put up or affix a notice, board or placard at the entrance to such premises to indicate the presence of such disease in such premises.
(2) No person shall destroy, tamper with, pull down, injure or deface such notice, board or placard.
3. If an officer of the Public Health Department of the local authority concerned not below the rank of Health or Sanitary Inspector, has reasonable grounds, to believe that in any premises, any person is suffering or has recently suffered from a notified disease, he may if he considers that
for the purpose of preventing the spread of such disease an examination of such person is necessary, examine or cause to be examined such person with a view to ascertain whether he is suffering or
has recently suffered from such disease: Provided that in the case of women such examination shall as far as practicable be conducted by a Woman:
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