Panchayat:Repo18/vol2-page0148

Sec. 141 THE MADRAS PUBLIC HEALTH ACT, 1939 148

                    (v) clauses (9) and (11) of Section 3 and Sections 4 and 10 of the Town Nuisances Act, 1889; and 
                  *(vi) Section 5 of the Madras Prevention of Adulteration Act, 1918.)     

“141. Procedure after arrest.- Any person arrested for an offence under this Act shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of the Magistrate.) 142. Bar of suits and prosecutions in certain cases.- (1)No suits, prosecution or other proceeding shall lie against any local authority or any executive authority or 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 12 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 12 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 order this Act.
             143. Punishment for malicious abuse of powers.- Any executive authority of a local authority or any officer or servant of a local authority or of the Government, or any person appointed under Section 12 of this Act, who maliciously abuses any powers conferred on him by or under this Act, shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both. 
           explanation:- No prosecution shall be instituted under this section without the previous sanction of the Government.
           143A. Delegation of powers by Government.- The Government may, by notification and subject to any restrictions, limitations and conditions specified therein, authorize any person to exercise any one or more of the powers wested in them by this Act and may in like manner withdraw such authority:  

Provided that nothing contained in this section shall apply to any power of the Government to make rules under this Act or to their powers under Sections 2 (2), 2 (3)(b), 8 (2), 127 (1) and 145).

               5143B. x X x x)
           144. Act to override other enactments.-lf any provision relating to public health contained in any other enactment in force in the State of Madras is repugnant to any provision contained in this Act, the latter provision shall prevail and the former provision shall, to the extent of the repugnancy, be Void.
          145. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of the Act, the Government, as occasion may require, may, by order, do anything which appears to them necessary for the purpose of removing the difficulty.

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