Panchayat:Repo18/vol2-page0131

Sec. 76 THE MADRAS PUBLIC HEALTH ACT, 1939 131

desirable, in order to prevent the spread of infection that the body should not be removed from such hospital or place except for the purpose of being taken direct to a burial or burning ground or a crematorium for being forthwith buried or cremated, no person shall remove the body from the hospital or place except for such a purpose.

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

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

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

76. Power of Government to confer special powers on officers to control notified diseases.— 31[(1) (a) In the event of the prevalence or threatened outbreak of notified disease in any place or area, the Government may declare that such place or area is visited by, or threatened with, an outbreak of such disease.

(b) The power conferred on the Government by clause (a) may also be exercised, in the case of a place or area situated in a district, by the Collector of the district subject to the control of the Government.

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

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

(2) 31A[When a declaration under clause (a) or clause (b) of sub-section (1), comes into operation, and until it is withdrawn, the Collector of the district or any person duly authorised by him by general or special order, or if empowered in this behalf by rule made under this Act, the Health Officer or any other officer of the local authority concerned or any officer of the Government other than the Collector may, subject to such exceptions, restrictions, limitations and conditions and to such control as may be prescribed, either generally or in the case of, the notified disease to which the declaration relates, exercise the following powers, namely:1

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

(b) power to make vaccination and preventive inoculations compulsory subject to the provisions of sub-section (3);

(c) power to direct—

(i) that persons arriving from places outside the local area, or residing in any building,

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