Panchayat:Repo18/vol2-page0098: Difference between revisions

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THE TRAVANCORE - COCHIN PUBLIC HEALTH ACT, 1955 Sec. 149
The power to compound any offence so declared may also be exercised by such other authority or person as may be authorised in that behalf by rules made by the Government.
The power to compound any offence so declared may also be exercised by such other authority or person as may be authorised in that behalf by rules made by the Government.


===== '''149. Powers of police officers to arrest offenders against Act, etc''' =====


149. '''Powers of police officers to arrest offenders against Act, etc'''.- Any police officer who sees a person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, may arrest such person, if his name and address are unknown to the officer and such person on demand declines to give his name and address or gives a name and address which the officer has reason to believe to be false.  
Any police officer who sees a person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, may arrest such person, if his name and address are unknown to the officer and such person on demand declines to give his name and address or gives a name and address which the officer has reason to believe to be false.  


'''150. Powers of executive officer and public health staff to arrest offenders against Act, etc.-'''  
===== '''150. Powers of executive officer and public health staff to arrest offenders against Act, etc.-''' =====


(1) The executive officer of a local authority or any member of the public health establishment of a local authority not below the rank of Health or Sanitary Inspector, who sees a person committing any of the offences specified in sub-section  
(1) The executive officer of a local authority or any member of the public health establishment of a local authority not below the rank of Health or Sanitary Inspector, who sees a person committing any of the offences specified in sub-section  
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(2) in the area over which such officer or member has jurisdiction may arrest such person, if his name and address are unknown to the executive officer or member aforesaid and such person on demand declines to give his name and address or gives a name and address which such officer or member has reason to believe to be false. 26(2) The offences referred to in sub-section (1) are
(2) in the area over which such officer or member has jurisdiction may arrest such person, if his name and address are unknown to the executive officer or member aforesaid and such person on demand declines to give his name and address or gives a name and address which such officer or member has reason to believe to be false. 26(2) The offences referred to in sub-section (1) are


(a) offences against any of the provisions of this Act or of any rule or bye-law made thereunder; and  
:(a) offences against any of the provisions of this Act or of any rule or bye-law made thereunder; and  
 
(b) offences falling under any of the provisions of the Acts mentioned below, if such provisions are in force in the area over which the local authority has jurisdiction;
 
(i) Chapters VII to XIII, both inclusive, of the Trivandrum District Municipal Act, read With section 375 of that Act and Schedules V and VI thereto.


(ii) Chapters VII to XIII, both inclusive, of the Travancore District Municipalities Act, 1116, read with section 334 of that Act and Schedules V and VI thereto;  
:(b) offences falling under any of the provisions of the Acts mentioned below, if such provisions are in force in the area over which the local authority has jurisdiction;  


(iii) Chapters VII to XIII, both inclusive, of the Cochin Municipal Act, XVIII of 1113, read with section 321 of that Act and Schedules VII and VIII thereto; and
::(i) Chapters VII to XIII, both inclusive, of the Trivandrum District Municipal Act, read With section 375 of that Act and Schedules V and VI thereto.


iv) section 10 of the Travancore Prevention of Adulteration Act, 1124 or section 4 of the Cochin Prevention of Food Adulteration Act, XVI of 1109.]
::(ii) Chapters VII to XIII, both inclusive, of the Travancore District Municipalities Act, 1116, read with section 334 of that Act and Schedules V and VI thereto;


'''151. Persons arrested not to be detained unnecessarily'''.- No person arrested under section 149 or section 150 shall be detained in custody
::(iii) Chapters VII to XIII, both inclusive, of the Cochin Municipal Act, XVIII of 1113, read with section 321 of that Act and Schedules VII and VIII thereto; and


::(iv) section 10 of the Travancore Prevention of Adulteration Act, 1124 or section 4 of the Cochin Prevention of Food Adulteration Act, XVI of 1109.]


(a) after his true name and address have been ascertained; or
===== '''151. Persons arrested not to be detained unnecessarily'''. =====


No person arrested under section 149 or section 150 shall be detained in custody


(b) for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of the special order of a Magistrate, whether having jurisdiction to try the case or not exceed twenty four hours, exclusive of the time necessary for the journey of such person to the Court having jurisdiction to try the case.
:(a) after his true name and address have been ascertained; or


:(b) for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of the special order of a Magistrate, whether having jurisdiction to try the case or not exceed twenty four hours, exclusive of the time necessary for the journey of such person to the Court having jurisdiction to try the case.


152. Bar of suits and prosecutions in certain cases.-
===== '''152. Bar of suits and prosecutions in certain cases.'''=====


  (1) No suit, prosecution or other proceeding shall lie against any local authority or any executive authority of a local authority or against the Government or any officer or servant of a local authority or of the Government or against any person appointed under section 10 of this Act, for any act done or purporting to be done under this Act without the previous sanction of the Government.
  (1) No suit, prosecution or other proceeding shall lie against any local authority or any executive authority of a local authority or against the Government or any officer or servant of a local authority or of the Government or against any person appointed under section 10 of this Act, for any act done or purporting to be done under this Act without the previous sanction of the Government.


(2) No local authority or executive authority of a local authority, nO officer or servant of any local authority or of the Government and no person appointed under section 10 of this Act, shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith
(2) No local authority or executive authority of a local authority, nO officer or servant of any local authority or of the Government and no person appointed under section 10 of this Act, shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith
in the course of the execution of duties or the discharge of functions imposed by or under this Act.
in the course of the execution of duties or the discharge of functions imposed by or under this Act.
 
=====
 
'''153. Punishment for malicious abuse of powers.''' =====
153. Punishment for malicious abuse of powers.-


(1) Any executive authority of a local authority or any officer or servant of a local authority or of the Government, or any person
(1) Any executive authority of a local authority or any officer or servant of a local authority or of the Government, or any person
 
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Revision as of 06:19, 30 May 2019

The power to compound any offence so declared may also be exercised by such other authority or person as may be authorised in that behalf by rules made by the Government.

149. Powers of police officers to arrest offenders against Act, etc

Any police officer who sees a person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, may arrest such person, if his name and address are unknown to the officer and such person on demand declines to give his name and address or gives a name and address which the officer has reason to believe to be false.

150. Powers of executive officer and public health staff to arrest offenders against Act, etc.-

(1) The executive officer of a local authority or any member of the public health establishment of a local authority not below the rank of Health or Sanitary Inspector, who sees a person committing any of the offences specified in sub-section

(2) in the area over which such officer or member has jurisdiction may arrest such person, if his name and address are unknown to the executive officer or member aforesaid and such person on demand declines to give his name and address or gives a name and address which such officer or member has reason to believe to be false. 26(2) The offences referred to in sub-section (1) are

(a) offences against any of the provisions of this Act or of any rule or bye-law made thereunder; and
(b) offences falling under any of the provisions of the Acts mentioned below, if such provisions are in force in the area over which the local authority has jurisdiction;
(i) Chapters VII to XIII, both inclusive, of the Trivandrum District Municipal Act, read With section 375 of that Act and Schedules V and VI thereto.
(ii) Chapters VII to XIII, both inclusive, of the Travancore District Municipalities Act, 1116, read with section 334 of that Act and Schedules V and VI thereto;
(iii) Chapters VII to XIII, both inclusive, of the Cochin Municipal Act, XVIII of 1113, read with section 321 of that Act and Schedules VII and VIII thereto; and
(iv) section 10 of the Travancore Prevention of Adulteration Act, 1124 or section 4 of the Cochin Prevention of Food Adulteration Act, XVI of 1109.]
151. Persons arrested not to be detained unnecessarily.

No person arrested under section 149 or section 150 shall be detained in custody

(a) after his true name and address have been ascertained; or
(b) for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of the special order of a Magistrate, whether having jurisdiction to try the case or not exceed twenty four hours, exclusive of the time necessary for the journey of such person to the Court having jurisdiction to try the case.
152. Bar of suits and prosecutions in certain cases.
(1) No suit, prosecution or other proceeding shall lie against any local authority or any executive authority of a local authority or against the Government or any officer or servant of a local authority or of the Government or against any person appointed under section 10 of this Act, for any act done or purporting to be done under this Act without the previous sanction of the Government.

(2) No local authority or executive authority of a local authority, nO officer or servant of any local authority or of the Government and no person appointed under section 10 of this Act, shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.

=

153. Punishment for malicious abuse of powers. =====

(1) Any executive authority of a local authority or any officer or servant of a local authority or of the Government, or any person

This page is Accepted in Panchayath Wiki Project. updated on: 30/ 05/ 2019 by: Gangadharan

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