Panchayat:Repo18/vol2-page0096: Difference between revisions

Latest revision as of 06:12, 30 May 2019

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

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

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

138. Procedure for making and the effect of rules.

(1) The power to make rules under this Act shall be subject to the following conditions:-

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

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

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

139. Bye-laws by local authorities.

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

140. Breach of bye-laws.

In making a bye-law, the local authority may provide that a breach thereof shall be punishable

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

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

141. Procedure for making or altering bye-laws.

In regard to bye-laws made by a local authority under Sections 139 and 140, the following provisions shall apply, namely:-

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

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

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

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

142. Penalties for offences against Act, etc.

(1) Whoever

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

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

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

(2) Whoever after having been convicted of -

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

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

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- '''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 138'''
+=== '''THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 138''' ===
 (i) with fine which may extend to one hundred rupees, and in case of a continuing breach, with fine which may extend to thirty rupees for every day during which the breach continues after conviction for the first breach; or
 (ii) with fine which may extend to twenty rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.
-'''
+===== '''138. Procedure for making and the effect of rules'''. =====
-. Procedure for making and the effect of rules'''.- (1) The power to make rules under
+(1) The power to make rules under this Act shall be subject to the following conditions:-
-this Act shall be subject to the following conditions:-
-(a) A draft of the rules shall be published in the Gazette.
+:(a) A draft of the rules shall be published in the Gazette.
-(b) Such draft shall not be further proceeded with until six weeks after such publication or until such later date as the Government may appoint.
+:(b) Such draft shall not be further proceeded with until six weeks after such publication or until such later date as the Government may appoint.
 (2) All rules made under this Act shall be published in the Gazette and upon such publication shall have effect as if enacted in this Act.
+====='''139. Bye-laws by local authorities.''' =====
-. Bye-laws by local authorities.- Any local authority may make bye-laws not inconsistent with this Act or the rules made thereunder or with any other law, for carrying out all or any of the purposes of this Act.
+Any local authority may make bye-laws not inconsistent with this Act or the rules made thereunder or with any other law, for carrying out all or any of the purposes of this Act.
-. Breach of bye-laws.- In making a bye-law, the local authority may provide that a breach thereof shall be punishable
-(a) with fine which may extend to fifty rupees, and in case of a continuing breach, with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or
-(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.
-. Procedure for making or altering bye-laws.- In regard to bye-laws made by a local authority under Sections 139 and 140, the following provisions shall apply, namely:-
+===== '''140. Breach of bye-laws.''' =====
+In making a bye-law, the local authority may provide that a breach thereof shall be punishable
-(a) in case the local authority is the Corporation of Trivandrum, sections 369, 370, 372 and 374 of the Trivandrum City Municipal Act;
+:(a) with fine which may extend to fifty rupees, and in case of a continuing breach, with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or
+:(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the executive authority or the Health Officer to discontinue such breach.
-(b) in case the local authority is a Municipality constituted under the Travancore District Municipalities Act, 1116, sections 329, 330 and 332 of that Act;
+===== '''141. Procedure for making or altering bye-laws.''' =====
+In regard to bye-laws made by a local authority under Sections 139 and 140, the following provisions shall apply, namely:-
-(c) in case the local authority is a Municipality constituted under the Cochin Municipal Act, XVIII of 1113, sections 318, 319 and 320 of that Act; and
+:(a) in case the local authority is the Corporation of Trivandrum, sections 369, 370, 372 and 374 of the Trivandrum City Municipal Act;
+:(b) in case the local authority is a Municipality constituted under the Travancore District Municipalities Act, 1116, sections 329, 330 and 332 of that Act;
-(d) in case the local authority is a Panchayat constituted under the Travancore-Cochin Panchayats Act, 1950, sections 101 and 102 of that Act.
+:(c) in case the local authority is a Municipality constituted under the Cochin Municipal Act, XVIII of 1113, sections 318, 319 and 320 of that Act; and
+:(d) in case the local authority is a Panchayat constituted under the Travancore-Cochin Panchayats Act, 1950, sections 101 and 102 of that Act.
-. Penalties for offences against Act, etc.- (1) Whoever
+===== 142. Penalties for offences against Act, etc. =====
+(1) Whoever
+:(a) contravenes any of the provisions of this Act specified in the first and the second Columns of Schedule I; or
-(a) contravenes any of the provisions of this Act specified in the first and the second Columns of Schedule I; or
+:(b) Contravenes any rule or order made under any of the provisions so specified; or
-(b) Contravenes any rule or order made under any of the provisions so specified; or
-(c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him, under or in pursuance of any of the said provisions, shall be punished with fine which may extend to the amount mentioned in that behalf in the fourth Column of the said Schedule.
+:(c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him, under or in pursuance of any of the said provisions, shall be punished with fine which may extend to the amount mentioned in that behalf in the fourth Column of the said Schedule.
 (2) Whoever after having been convicted of -
+:(a) contravening any of the provisions of this Act specified in the first and second columns of Schedule II; or
-(a) contravening any of the provisions of this Act specified in the first and second columns of Schedule II; or
+:(b) contravening any rule or order made under any of the provisions so specified; or
-(b) contravening any rule or order made under any of the provisions so specified; or
-{{create}}
+{{Approved}}