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Sec. 63 THE MADRAS PUBLIC HEALTH ACT, 1939 127
128    THE MADRAS PUBLIC HEALTH ACT, 1939                                         Sec. 64
(b) any School, college, playground or such other place, or (c) any hotel, hostel, boarding house, choultry, rest-house, or club, or (d) any factory or shop. Explanation:- A person shall be deemed to know that he is suffering from an infectious disease within the meaning of this sub-section if he has been informed by the Health Officer or any other officer of the Public Health Department of the Government or of a local authority, not below the rank of Health or Sanitary Inspector, or a medical practitioner registered under the Madras Medical Registration Act, 1914, that he is so suffering. (2) No person who has the care of a person whom he knows to be suffering from an infectious
 
disease not specified in Part of this Chapter shall cause or permit that person to expose others to the risk of infection by his presence or conduct in any place referred to in sub-section (1). 60. Infected person not to engage in certain trades and occupations.- No person shall, while suffering from, or in circumstances in which he is likely to spread, any infectious disease(a) make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food for human consumption; or (b) engage in any other occupation without a special permit from the Health Officer of the local authority concerned or otherwise than in accordance with the conditions specified therein. 61. Prevention of infectious disease transmissible from animals.- If, in any local area, any infectious disease transmissible to man breaks out, or is in the opinion of the Health Officer likely to break out, amongst cattle, or other animals, it shall be the duty of the Health Officer to recommend to the local authority the adoption of such measures as he may deem necessary for Suppressing or mitigating the disease or for preventing the Outbreak or threatened outbreak thereof; and the local authority shall consider such recommendations and take such action thereon as to it may seem suitable.
occupied or used for any of the purposes referred to in sub-section (1). Such compensation and rent shall be fixed by the District Collector.
PART II Notified infectious Diseases 62. Notified diseases.- In this part, "notified disease' means,
 
(a) cerebro-spinal fever (b) chicken-pox (c) cholera (d) diptheria (e) leprosy (f) measles (g) plague (h) rabies () scarlet fever () small-pox (k) typhus, or
(3) The Health Officer shall, when any such building or place ceases to be occupied or used for any of the purposes aforesaid, cause it to be thoroughly disinfected and cleansed.
() any other disease which the Government may from time to time by notification declare to be a notified disease for the purposes of this Part either generally throughout the State) or in such part or parts thereof as may be specified in the notification.
 
63. Occupation of houses to prevent the spread of infection.- (1) The Health Officer may, in cases of emergency, with the sanction of the District Collector, enter upon, Occupy and use, or depute any person to enter upon, occupy and use, without having recourse to the provisions of the Land Acquisition Act, 1894, any building or place which, in the opinion of the Health Officer, is required, and is suitable for any purposes connected with the prevention or control of infection from a notified disease: Provided that, if the building or place is occupied, notice shall be given in writing to the occupant, or be conspicuously affixed on such building or place, not less than thirty-six hours before it is entered upon.
'''64. Information regarding notified disease'''.— Every medical practitioner who, in the course of his practice, becomes cognizant of the existence of any notified disease in any private or public dwelling other than a public hospital and every manager of any factory or public building, every keeper of a lodging house, every head of a family and every owner or occupier of a house, who knows or has reason to believe that any person in any premises under his management, control or occupation is suffering from, or has died of, a notified disease,
(2) The owner or lessee of such building or place shall be entitled to compensation for any
shall, if the case has not been already reported, give information of the same with the least practicable delay--
damage or expenses incurred and to a reasonable rent for the period-
 
(a) in municipal areas, to the executive authority, the Health Officer or a Sanitary Inspector, and
 
(b) in non-municipal areas, to the Health Officer a Health or Sanitary Inspector or the village headman.
Explanation:- In this section, 'medical practitioner includes a hakim or vaidya, whether registered or not.
 
'''65. Power of entry of local officers to take preventive measures'''.— (1) The Health officer or any person authorised by him in this behalf may
 
(a) at all reasonable hours, inspect with or without assistants any place in which any notified disease is reported or suspected to exist, without notice in the case of factories, workshops, workplaces, offices, business places and the like and after giving such notice as may appear to him reasonable in other cases, including dwelling houses; and
 
(b) take such measures as he may consider necessary to prevent the spread of such disease beyond such place.
 
(2) The powers conferred by sub-section (1) on the Health Officer may, in municipal areas, be exercised also by the executive authority or any person authorised by such authority.
 
'''66. Destruction of hut or shed to prevent spread of infection'''.(1) If it appears to the Health Officer that the destruction of any hut or shed is necessary to prevent the spread of any notified disease, he may, after giving to the owner and the occupier of such hut or shed such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
 
10 (2) Such compensation as the local authority may consider reasonable, shall be paid to any person who in its opinion sustains loss by the destruction of any hut or shed under the powers conferred by sub-section (1); but save as provided in this sub-section, no claim for compensation shall lie for any loss or damage caused by any exercise of the powers aforesaid.
 
'''67. Closure of lodging houses'''.- If, on the application of the Health officer, a Magistrate (not being a Magistrate of the third class) is satisfied that it is necessary in the interests of public health that a lodging house or any place where articles of food are sold, or prepared, stored or exposed for sale, or distributed, should be closed on account of the existence or recent occurrence in such lodging house or place of a case of notified disease, the Magistrate may, by order, direct it to be closed until the expiry of such period as may be specified in the order or until it is certified by the Health Officer to be free from infection.
 
'''68. Infected clothes not to be sent to laundry'''.— No person shall
 
(1) send or take to any laundry or public wash-house or any public water-course, tank or well, for the purpose of being washed, or to any place for the purpose of being cleaned, any clothing, bedding or other article which he knows to have been exposed to infection from any notified disease, unless such article has been disinfected by, or to the satisfaction of, the Health
 
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Revision as of 05:15, 2 February 2018

128 THE MADRAS PUBLIC HEALTH ACT, 1939 Sec. 64

occupied or used for any of the purposes referred to in sub-section (1). Such compensation and rent shall be fixed by the District Collector.

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

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

(a) in municipal areas, to the executive authority, the Health Officer or a Sanitary Inspector, and

(b) in non-municipal areas, to the Health Officer a Health or Sanitary Inspector or the village headman. Explanation:- In this section, 'medical practitioner includes a hakim or vaidya, whether registered or not.

65. Power of entry of local officers to take preventive measures.— (1) The Health officer or any person authorised by him in this behalf may

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

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

(2) The powers conferred by sub-section (1) on the Health Officer may, in municipal areas, be exercised also by the executive authority or any person authorised by such authority.

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

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

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

68. Infected clothes not to be sent to laundry.— No person shall

(1) send or take to any laundry or public wash-house or any public water-course, tank or well, for the purpose of being washed, or to any place for the purpose of being cleaned, any clothing, bedding or other article which he knows to have been exposed to infection from any notified disease, unless such article has been disinfected by, or to the satisfaction of, the Health


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