Panchayat:Repo18/vol2-page0097: Difference between revisions
('Sec. 148 THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 97 (c) failing to comply with any direction lawfully given to him...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു) |
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:(c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said provisions continues to contravene the said provision or the said rule or order, or continues to fail to comply with the said direction or requisition, shall be punished for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule. | |||
(c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said provisions continues to contravene the said provision or the said rule or order, or continues to fail to comply with the said direction or requisition, shall be punished for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule. | |||
(3) Whoever after having been convicted of contravening the provisions of sub-section (1) of section 114 continues to contravene the said provisions shall be punished with simple imprisonment for a term which may extend to one Week. | (3) Whoever after having been convicted of contravening the provisions of sub-section (1) of section 114 continues to contravene the said provisions shall be punished with simple imprisonment for a term which may extend to one Week. | ||
Explanation:- The entries in the third column of Schedules I and Il headed "subject" are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof, or even as abstracts of those provisions, but are inserted merely as references to the subject dealt with therein. | |||
143. Penalty for preventing entry of executive authority or Health Officer. | ::Explanation:- The entries in the third column of Schedules I and Il headed "subject" are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof, or even as abstracts of those provisions, but are inserted merely as references to the subject dealt with therein. | ||
MISCELLANEOUS | |||
144. Propaganda by local authority | ===== '''143. Penalty for preventing entry of executive authority or Health Officer'''. ===== | ||
145. Appeal against decision of Health Officer. | |||
Every person who prevents the executive authority or the Health Officer or any person to whom the executive authority or the Health Officer has lawfully delegated his powers of entering on or into any land or building from exercising his lawful power of entering thereon or thereinto, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. | |||
'''MISCELLANEOUS''' | |||
===== '''144. Propaganda by local authority''' ===== | |||
Every local authority shall carry out intensive and extensive propaganda for the advancement of public health. | |||
===== '''145. Appeal against decision of Health Officer.''' ===== | |||
Any decision of the Health Officer against which an appeal is not otherwise provided for in this Act shall be subject to such appeal as may be prescribed. | |||
===== '''146. Method of serving notice.''' ===== | |||
(1) When any notice is required to be given by this Act or by any rule, bye-law, regulation or order made under it, such notice shall be in Writing and shall be given | |||
:(a) by giving or tendering the notice to such person; or | |||
:(b) if such person is not found, by leaving such notice at his last known place of abode or business or by giving or tendering the same to some adult member of his family; or | |||
:(c) if such person does not reside in the local area and his address elsewhere is known to the executive authority by sending the same to him by registered post; or | |||
:(d) if none of the means aforesaid be available, by affixing the same in Some conspicuous part of such place of abode or business. | |||
(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice, and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners or occupiers. | (2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice, and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners or occupiers. | ||
147. Cognizance of offences against the Act | |||
===== '''147. Cognizance of offences against the Act''' ===== | |||
No person shall be tried for any offence against the provisions of this Act, or of any rule, or bye-law made under it unless complaint is made within three months of the commission of the offence by the police, or the executive authority | |||
or the Health Officer, or by a person expressly authorised in this behalf by the local authority, the | or the Health Officer, or by a person expressly authorised in this behalf by the local authority, the | ||
executive authority or the Health Officer. | executive authority or the Health Officer. | ||
Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1898 in regard to the power of certain Magistrates to take Cognizance of | Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1898 in regard to the power of certain Magistrates to take Cognizance of | ||
offences upon information received or upon their own knowledge Or suspicion. 148. Power to compound offences. | offences upon information received or upon their own knowledge Or suspicion. 1 | ||
===== '''148. Power to compound offences'''. ===== | |||
The executive authority or the Health Officer may | |||
compound any offence against this Act or the rules or bye-laws made thereunder which may, by | compound any offence against this Act or the rules or bye-laws made thereunder which may, by | ||
rules made by the Government, be declared compoundable. | rules made by the Government, be declared compoundable. | ||
{{ | {{Approved}} |
Latest revision as of 06:16, 30 May 2019
- (c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said provisions continues to contravene the said provision or the said rule or order, or continues to fail to comply with the said direction or requisition, shall be punished for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.
(3) Whoever after having been convicted of contravening the provisions of sub-section (1) of section 114 continues to contravene the said provisions shall be punished with simple imprisonment for a term which may extend to one Week.
- Explanation:- The entries in the third column of Schedules I and Il headed "subject" are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof, or even as abstracts of those provisions, but are inserted merely as references to the subject dealt with therein.
143. Penalty for preventing entry of executive authority or Health Officer.
Every person who prevents the executive authority or the Health Officer or any person to whom the executive authority or the Health Officer has lawfully delegated his powers of entering on or into any land or building from exercising his lawful power of entering thereon or thereinto, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
MISCELLANEOUS
144. Propaganda by local authority
Every local authority shall carry out intensive and extensive propaganda for the advancement of public health.
145. Appeal against decision of Health Officer.
Any decision of the Health Officer against which an appeal is not otherwise provided for in this Act shall be subject to such appeal as may be prescribed.
146. Method of serving notice.
(1) When any notice is required to be given by this Act or by any rule, bye-law, regulation or order made under it, such notice shall be in Writing and shall be given
- (a) by giving or tendering the notice to such person; or
- (b) if such person is not found, by leaving such notice at his last known place of abode or business or by giving or tendering the same to some adult member of his family; or
- (c) if such person does not reside in the local area and his address elsewhere is known to the executive authority by sending the same to him by registered post; or
- (d) if none of the means aforesaid be available, by affixing the same in Some conspicuous part of such place of abode or business.
(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice, and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners or occupiers.
147. Cognizance of offences against the Act
No person shall be tried for any offence against the provisions of this Act, or of any rule, or bye-law made under it unless complaint is made within three months of the commission of the offence by the police, or the executive authority or the Health Officer, or by a person expressly authorised in this behalf by the local authority, the executive authority or the Health Officer.
Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1898 in regard to the power of certain Magistrates to take Cognizance of offences upon information received or upon their own knowledge Or suspicion. 1
148. Power to compound offences.
The executive authority or the Health Officer may compound any offence against this Act or the rules or bye-laws made thereunder which may, by rules made by the Government, be declared compoundable.