TAMIL
NADU PUBLIC HEALTH ACT, 1939 THE TAMIL NADU PUBLIC HEALTH ACT, 1939 [Act No. 3 of 1939] [07th March, 1939] An Act to make
provision for advancing the Public Health of the State of Tamil Nadu WHEREAS
it is expedient to make provision for advancing the Public Health of the State
of Tamil Nadu. It is hereby enacted as follows:- (1) This Act may be called the Tamil Nadu Public Health
Act, 1939. (2) It extends to the whole of the State of Tamil Nadu. (1) The provisions of this Act, except Chapter IX and
Part III of Chapter X, shall come into force in the whole of the State of Tamil
Nadu at once. (2) The Government may, from time to time, by
notification extend all or any of the provisions of Chapter IX to any local
area in the State of Tamil Nadu and may cancel or modify any such notification. (3) (a) The provisions of Part III of Chapter X shall
come into force at once- (i) In the City of Madras; and (ii) In every local area which has been, or may
hereafter be, declared to be a municipality under the Tamil Nadu District
Municipalities Act, 1920. (b) The Government may, from time to time, by
notification, extend the provisions of Part III of Chapter X to any other local
area in the State of Tamil Nadu and may cancel or modify any such notification. In
this Act, unless there is anything repugnant in the subject or context- (1) "Building" includes- (a) a house, out-house, stable, latrine, godown, shed,
hut, wall (other than a boundary wall not exceeding eight feet in height) and
any other such structure, whether of masonry, bricks, wood, mud, metal or any
other material whatsoever; (b) a structure on wheels or simply resting on the
ground without foundations; and (c) a ship, vessel, boat, tent, van and any other such
structure used for human habitation. (2) "Cattle" includes elephants, camels,
mules, asses, horses, cows, bulls, bullocks, buffaloes, sheep, goats and pigs
and the young ones of these species. (3) "Dairy" includes- (a) any farm, cattle-shed, milk-store, milk-shop, or
other place from which milk is sold or supplied for sale, or in which milk is
kept for sale or manufactured for sale into butter, ghee, cheese, cream, curds,
buttermilk or dried, sterilised or condensed milk; and (b) in relation to a dairyman who does not occupy any
premises for the sale of milk, any place in which he keeps the vessels used by
him for the storage or sale of milk, but does not include- (i) a shop or place in which milk is sold for
consumption on the premises only; or (ii) a shop or place from which milk is sold or supplied
for sale in hermetically closed and unopened receptacles in the same original
condition in which it was first received in such shop or place. (4)
"Dairyman"
includes any person who sells milk, whether wholesale or by retail. (5)
"Drain"
means a house-drain or a drain of any other description, and includes a sewer,
tunnel, culvert, ditch, channel, or any other devise for carrying off sullage,
sewage, offensive matter, polluted water, rain water or subsoil water. (6)
"Drug"
means any substance used as medicine whether for internal or external use, or
any substance used in the composition or Preparation of such medicine. (7)
"Dwelling
house" means a building constructed, used or adopted to be used, wholly or
principally, for human habitation or in connection therewith. (8)
"Executive
Authority" means the Commissioner, Chairman, President, Executive Officer
or other functionary of the local authority concerned, who is vested with
general executive powers under the Madras City Municipal Corporation Act, 1919,
the Tamil Nadu District Municipalities Act, 1920 the Tamil Nadu District Boards
Act, 1920, or the Tamil Nadu Panchayats Act, 1994, as the case may be. (9)
"Executive
Officer" means the paid officer, if any, of the local authority who is vested
with general executive powers in the local area for which such authority is
constituted under the Madras City Municipal Corporation Act, 1919 the Tamil
Nadu District Municipalities Act, 1920, the Tamil Nadu District Boards Act,
1920, or the Tamil Nadu Panchayats Act, 1994, as the case may be. (10)
"Factory"
means any premises including the precincts thereof, wherein any industrial,
manufacturing or trade process is carried on with the aid of steam, water, oil,
gas, electrical or any other form of power which is mechanically transmitted
and is not generated by human or animal agency. (11) "Filth" means- (a) nightsoil and other contents of latrines, cesspools
and drains; (b) dung and the refuse or useless or offensive
material thrown out in consequence of any process of manufacture, industry or
trade; and (c) putrid and putrefying substances. (12)
"Food"
includes every article consumed or used by man, for food, drink, or chewing,
and all materials used or admixed in the composition or preparation of such
article and shall also include flavouring and colouring matter and condiments. (13)
"Government"
means the State Government as defined in clause (60) of section 3 of the
General clauses Act, 1897. (14)
"Health
Officer" means the Health Officer employed by the local authority concerned
and if there is no such officer, the Health Officer of the district. (15)
"House-drain"
means any drain actually used, or intended to be used, for the drainage of one
or more premises. (16)
"Hut"
means any building which is constructed principally of wood, mud, leaves,
grass, thatch, or metallic sheets, and includes any temporary structure of
whatever size or any small building of whatever material made which the local
authority may declare to be a hut for the purposes of this Act. (17) "Infectious disease" means an infectious
disease as defined in section 52 and includes notified diseases as defined in
section 62. (18)
"Latrine"
includes privy, water-closet and urinal, whether public or private, or whether
open or flushout. (19)
"Local
area" means the area within the jurisdiction of a local authority. (20) "Local authority" means- (a) in the City of Madras, the Corporation of Madras; (b) in any other municipal area, the municipal council
concerned; (c) in any area in a district as defined in the Tamil
Nadu District Boards Act, 1920, which is comprised within the jurisdiction of a
panchayat constituted under the Tamil Nadu Village Panchayats Act, 1950, the
panchayat concerned or if under section 6-A the Government so direct in respect
of any function, the district board concerned in respect of such function; and (d) in the case of all areas in a district defined as
aforesaid, which are not comprised within the jurisdiction of such panchayat
the panchayat union council concerned. (21) "Lodging house" means a hotel, a boarding
house, a choultry, dharmasala or rest-house not maintained by the Government or
a local authority, an unlicenced emergration depot, or any place where casual
visitors are received and Government or local authority, an unlicenced
emigration depot, or any place where casual visitors are received and provided
with sleeping accommodation, with or without food, on payment, but does not
include- (a) a students' hostel under public or recognized
control, or (b) a house licenced under section 125 for
accommodating visitors to a fair or festival, or (c) retiring rooms and rest-houses provided by a
railway administration and normally used by passenger or railway servants or
both. (22)
"Magistrate"
does not include an honorary or a village magistrate. (23)
"Milk"
means the milk of a cow, buffalo, goat, ass, or other animal and includes
cream, skimmed milk, separated milk, and condensed, sterilised or desiccated
milk, or any other product of milk. (24)
"Notification"
means a notification in the Official Gazette. (25)
"Nuisance"
includes any act omission, place or thing which causes or is likely to cause
injury, danger, annoyance or offence to the sense of sight, smell or hearing or
disturbance to rest or sleep or which is or may be dangerous to life or
injurious to the health or property of the public or the people in general who
dwell or occupy property in the vicinity, or persons who may have occasion to
use any public right. (26) "Occupier" includes- (a) any person for the time being paying or liable to
pay to the owner the rent or any portion of the rent of the land or building or
part of the same in respect of which the word is used or damages on account of
the occupation of such land, building or part; and (b) a rent-free occupant. (27) "Offensive matter" includes- (a) filth as defined in clause (11); (b) sewage as defined in clause (33); and (c) dirt, house sweepings, spittings including chewed
betel and tobacco, kitchen or stable refuse, broken glass or pottery, debris
and waste paper. (28)
"Offensive
trade" means any trade in which the substances dealt with are, or are
likely to become, a nuisance. (29) "Owner" includes the person for the time
being receiving or entitled to receive, whether on his own account or as agent,
trustee, guardian, manager or receiver for another person or estate or for any
religious or charitable purposes, the rent or profits of the property in connexion
with which the word is used. (30)
"Prescribed"
means prescribed by the Government by rules made under this Act. (31)
"Private
street" means any street, road, square, court, alley, lane, passage or
riding-path which is not a "public street", but does not include a
path-way made by the owner of premises on his own land to secure access to, or
the convenient use of, such premises. (32) "Public Street" means any street, road,
square, court, alley, lane, passage or riding-path whether a thoroughfare or
not, over which the public have a right of way and includes- (a) the roadway over any public bridge or causeway; (b) the footway attached to any such street, public
bridge or causeway; and (c) the drains attached to any such street, public
bridge or causeway and the land whether covered or not by any pavement,
veranda, or other structure which lies on either side of the roadway upto the
boundaries of the adjacent property whether that property is private property
or property belonging to the Central or State Government. (33)
"Sewage"
means nightsoil and other contents of latrines, cesspools or drains and
includes trade effluents and discharges from manufactories of all kinds. (34)
"Street"
means a public or a private street. (35)
"Urban
local area" means the area within the jurisdiction of an urban local authority. (36) "Urban local authority" means ? (a) the Corporation of Madras; or (b) a municipal council; or (c) any panchayat notified by the Government as an
urban local authority for the purposes of this Act, so long as the notification
remains in force. (37) "Venereal disease" means syphilis,
gonorrhoea, soft chancre, venereal granuloma or lympho granuloma. (38)
"Water-course"
includes any river, stream or channel, whether natural or artificial, other
than a drain. (39)
"Work-place"
means any premises including the precincts thereof (not being a factory or a
workshop) wherein is carried on any industrial, manufacturing or trade process,
at which not less than five persons are employed for wages or any other
remuneration. (40) "Workshop" means any premises including
the precincts thereof (not being a factory) wherein any article or part of an
article is made, repaired, altered, ornamented, finished or otherwise adapted
for use on a commercial basis and not less than five persons are employed for
that purpose for wages or any other remuneration. (1) As soon as may be after the commencement of this
Act, the Government shall cause to be constituted for the State of Tamil Nadu a
Public Health Board consisting of the following members, namely :- (a) The Minister for Public Health; (b) the Minister for Local Administration; (c) three Members of the Tamil Nadu Legislature
nominated by the Government; (d) the Surgeon-General with the State Government; (e) the Director of Public Health; (ee) the Director of Municipal
Administration; (f) the Sanitary Engineer; and (g) one other officer of the Government nominated by
the Government. (2)
Members
nominated under clause (c) of sub-section (1) shall hold office for a period of
one year from the date of nomination, but shall be eligible for re-nomination. (3) The Minister for Public Health shall be the
President of the Public Health Board and the director of Public Health shall be
its Secretary. (1) The Public Health Board shall advise the Government
on such matters as the Government may from time to time refer to it. (2) The meetings of the Board and the mode of
transaction of business at such meetings shall be governed by such regulations
as may be framed by it. (3) the proceedings of the Board shall not be
invalidated by reason of any vacancy in the office of the President, the
Secretary, or a member. (1) The Government shall have power to inspect, control
and superintend the operation of local authorities under this Act. (2) The Government may, from time to time, define the
powers to be exercised and the duties to be performed by the Director of Public
Health, or the Director of Municipal Administration, or any member of his staff
for the purposes of sub-section (1). (3) Nothing contained in sub-section (1) and (2) shall
be deemed to affect, or derogate from, any powers possessed by the Government
or the District Collector under any other law for the time being in force. (1) the Government may, be notification, direct that in
respect of any function to be performed by a local authority under this Act and
specified in the notification, the district board and not the panchayat shall
be the local authority, in all or any areas in the district which are comprised
within the jurisdiction of a panchayat. (2) Where a direction is issued under sub-section (1)
in respect of any function, the Government may, by general or special order- (a) determine, or provide for the determination, of the
expenses incurred by the panchayat union council in performing such function in
the area or areas comprised within the jurisdiction of any panchayat of
panchayats, and (b) apportion, or provide for the apportionment of,
such expenses between the district board and the panchayat or panchayats
concerned. The
Director of Public Health may, from time to time as occasion requires,
recommend for adoption, by any local authority, such measures as may be
necessary for improving the Public health administration in the local area, or
for safeguarding the public health therein: Provided
that, if on account of financial or other reasons, any local authority is
unable to carry out such measures, or if there is any difference of opinion
between the local authority and the Director, the matter shall be referred to
the Government whose decision shall be final. (1) The public health establishment of every local
authority (other than the Corporation of Madras) shall be on such scale as the
Government may from time to time direct. (2) The authorities who may make appointments to the
public health establishments referred to in sub-section (1), the conditions of
service of the members of such establishments, and the duties of such members
shall, notwithstanding anything contained in the Tamil Nadu District
Municipalities Act, 1920, or the Tamil Nadu District Boards Act, 1920, be
governed by regulations, not inconsistent with this Act, made by the
Government. Such regulations may lay down the extent to which the Director of
Public Health shall have disciplinary control over the members of such public
health establishments. Other than the members of the public health
establishments of any local authority as defined in item (b) of clause (20) of
section 3 including any township committee constituted under the Tamil Nadu
District Municipalities Act, 1920, the Mettur Township Act, 1940, the
Courtallam Township Act, 1954 or the Bhavanisagar Township Act, 1954. (1) Notwithstanding anything contained in section 8,
every person who, under the regulations made under sub-section (2) of section 6
of the Travancore-Cochin Public Health Act, 1955 (Travancore Cochin Act XIV of
1955), was holding a post in the public health establishment of any local
authority in the transferred territory immediately before the date of the
extension of this Act to the said territory shall be entitled to receive from
the local authority concerned conditions of service not less favourable than
those to which he was entitled under the said regulations immediately before
the said date. (2) If any question arises as to whether any person was
holding any such post as is referred to in sub-section (1), immediately before
the date of the extension of this Act to the transferred territory, the
decision of the Government on the question shall be final. Explanation.-
For the purpose of this section, the expression "transferred
territory" shall mean the Kanyakumari district and the Shencottah taluk of
the Tirunelveli district. (1) A local authority shall, if so required by the
Government, include the post of a Health Officer in its establishment schedule. (2) Notwithstanding anything contained in the Tamil
Nadu District Municipalities Act, 1920, or the Tamil Nadu District Boards Act,
1920, the Government- (a) shall appoint the Health Officers of all the local
authorities (other than the Corporation of Madras) in respect whereof a
direction is issued under sub-section (1); and (b) may recover from each such local authority the
whole or such proportion of the salary and allowances paid to the Health
Officer, and such contribution towards his leave allowances, pension and
provident fund as the Government may, by general or special order, determine. (1) In the event of the prevalence or threatened
outbreak of any infectious disease in any local area, or of any unusual
mortality therein, the Government may, by order, appoint temporarily for such
period as may be specified therein, one or more additional Health Officers, for
the treatment of such infectious disease and preventing it from spreading, or
for investigating the cause of, and preventing, such mortality, as the case may
be. (2) For the purpose of sub-section (1) the Government
may appoint any medical practitioner registered under the Tamil Nadu Medical
Registration Act, 1914, either on an honorary basis or on such salary and
allowances or both as the Government may fix the salary and allowances shall be
payable from the funds of the local authority. The
Government may, by general or special order, authorise any officer of the
Government or of a local authority to exercise such of the powers of a Health
Officer under this Act, in such area, and subject to such restrictions,
limitations and conditions and to such control and revision, as may be
specified in such order. (1) Notwithstanding anything contained in this Act or
in any other Act or Acts governing the local authority or authorities
concerned, the Government may, by general or special order, appoint any person
or persons to carry out such provisions of this Act, and in such areas, as may
be specified in the order. (2) The expenses incurred by such person or persons in
doing so shall be met from the funds of the local authority or authorities
concerned, either wholly or in part and where more than one local authority is
concerned, in such proportions, as may be determined by the Government. (1) Subject to such rules as may be prescribed
including rules for consultation with the executive authorities concerned, the
Director of Public Health shall, in respect of a member of the public health
establishment of a local authority other than a member of the public health
establishment of a local authority as defined in item (b) of clause (20) of
section 3 including a township committee constituted under the Tamil Nadu
District Municipalities Act, 1920, the Mettur Township Act, 1940, the
Courtallam Township Act, 1954 or the Bhavanisagar Township Act, 1954, have
power. (a) to transfer any member of the public health
establishment of a local authority to the public health establishment of
another local authority; and (b) in times of emergency to assign one or more members
of the public health establishment of one local authority for temporary duty in
the area of another local authority. (2)
Nothing
contained in clause (a) of sub-section (1) shall apply to the Corporation of
Madras. (3) In the case referred to in clause (b) of
sub-section (1), the local authority within whose jurisdiction the member or
members of the public health establishment of another local authority are
working, shall pay for the period of such temporary duty, the salary and
allowances of such member or members and such contribution towards their leave
allowances, pension and provident fund as the Government may, by general or
special order, determine. (1) The executive authority in respect of a member of
the public health establishment of any local authority as defined in item (b)
of clause (20) of section 3 including any township committee constituted under
the Tamil Nadu District Municipalities Act, 1920, the Mettur Township Act,
1940, the Courtallam Township Act, 1954, or the Bhavanisagar Township Act,
1954, and the Health Officer in respect of a member of the public health
establishment of any other local authority, shall exercise supervision and
control over such member within their respective jurisdiction. (2) (a) Save as otherwise provided in this Chapter or
in any rules or regulation made under it, all appointments, transfers and
punishments of the member of the public health establishment under the
supervision and control of the Health Officer shall be made by the Health
Officer, subject to the approval of the executive authority. (b) If for any reason the executive authority
disagrees with the orders of the Health Officer under clause (a), the executive
authority shall refer the matter to the Government whose decision shall be
final. Every
local authority shall provide its Health Officer with such clerical assistance,
office accommodation, furniture, equipment, stationery, and forms as may in the
opinion of the Director of Public Health be necessary for the proper conduct of
the business of such Health Officer. Notwithstanding
anything contained in the Madras City Municipal Corporation Act, 1919 the Tamil
Nadu District Municipalities, Act, 1920, the Tamil Nadu District Boards Act,
1920 the Tamil Nadu Panchayats Act, 1994 the Madras Prevention of Adulteration
Act, 1918, and the Tamil Nadu Places of Public Resort Act, 1888, the Health
Officer of the local authority shall perform such of the functions, and
discharge such of the duties, of its executive authority in regard to public
health matters under any of the provisions applicable to such local authority
contained in the Acts aforesaid, subject to such appeal and control as the
Government may, by general or special order, determine. (1) Every local authority may, and if the Government so
direct shall, provide or arrange for the provision of a sufficient supply of
drinking water for consumption by the inhabitants of the area within its
jurisdiction. (2) The local authority shall, so far as may be
practicable, make adequate provision for securing- (a) that the water-supply is continuous through-out the
year, and (b) that the water supplied is at all times wholesome
and fit for human consumption. (3) A local authority may also provide or arrange for
the provision of a sufficient supply of water for other domestic purposes or
for non-domestic purposes. (1) If in the opinion of the Government, a local area
does not possess a sufficient supply of wholesome water fit for the consumption
of its inhabitants, they may direct the local authority concerned, either
singly or in combination with the local authority or authorities having
jurisdiction over any local area or areas in the neighbourhood which are
similarly situated, to execute within such time as the Government may fix, such
works as may be directed by the Government for providing a sufficient supply of
wholesome water fit for human consumption. (2) A local authority may with the previous sanction of
the Government- (a) construct, lay, or erect filters, reservoirs,
engines, conduits, pipes or other works without the limits of its local area,
for supplying such area with water; (b) purchase or take on lease any water-work, or any
water, or any right to store or to take or convey water, either within or
without the limits of the local area; and (c) Contract with any local authority or other person
or agency for the supply of water. (3) A local authority may, with the previous sanction
of the Government, by public notice, declare any lake, stream, spring, well,
tank, reservoir, pond or other source of water-supply, whether within or
without the limits of its local area (other than a source under the control of
the Government), from which water is or may be made available for the use of
the public in the local area for domestic purposes, to be a source of public
water-supply for such purpose, and every such source shall thereafter be under
the control of the local authority only to the extent necessary for such
purposes. The
Government shall have power to take water from any water-main belonging to, or
in the control of, a local authority for supplying water to any other area,
subject to such payment being made to the local authority concerned and subject
also to such other conditions as the Government may consider reasonable: Provided
that before taking action under this section, the Government shall communicate
to the local authority the grounds on which they propose to do so, fix a
reasonable period for the local authority to show cause against the proposal,
and consider its explanations or objections, if any. (1) The Collector of the district, or any other officer
appointed by the Government in this behalf, may cause inquiries to be made in
any local area or part thereof, with a view to ascertaining- (a) whether the source of water-supply for such local
area or part is contaminated from any cause against which effective means of
protection can be taken, and (b) whether the provision of any additional source of
sources of water supply is necessary for such local area or part. (2) The Collector or other officer aforesaid may, after
taking into consideration the result of such inquiries, by notice, direct that
any source of water supply be cleaned, improved, repaired or otherwise
protected from contamination, or that such additional source or sources of
water-supply be provided, as the case may be: Provided
that before issuing a notice under this sub-section, the Collector or other
officer shall give the authorities or persons affected, a reasonable
opportunity to make any representations they may wish to make and consider the
same. (3)
Against
any direction issued by the Collector or other officer under sub-section (2),
an appeal shall lie to the Government whose decision shall be final. (4) (a) Every notice issued under sub-section (2) shall
specify the nature and extent of the works to be executed, the estimated cost
thereof, and the authority or authorities or the person or persons by whom, and
the period within which, they are to be executed. (b) The Notice shall either- (i) be published in the prescribed manner; or (ii) be served on the local authority or on the person
owning or having control over the source of water-supply, as the case may be,
in the prescribed manner. (5)
If
the directions contained in any notice issued under sub-section (2) have not
been satisfactorily complied with, the officer issuing the notice may himself
cause the works specified in the notice to be executed, provided that he may,
on sufficient cause being shown, extend the period specified in the notice, or
modify or rescind any direction contained therein. (6) (a) If a water-tax is imposed in the local area,
the cost of carrying out the works specified in the notice issued under
sub-section (2), whether such works are executed by the authority or persons
specified therein or under sub-section (5) by the officer issuing the notice,
shall be borne by the local authority concerned; (b) If no water-tax is imposed in the local area,
such cost shall be borne by the inhabitants of the local area who, on enquiry,
are found to be benefited by the works, or shall be shared between such
inhabitants and the local authority concerned in such proportions as may be
determined by the Government. Explanation.-
For the purposes of this sub-section, 'water-tax' means- (a) a tax levied under section 25 of this act, or (b) a water and drainage-tax levied under section 81(1)
(b) of the Tamil Nadu District Municipalities Act, 1920, or under section 99(1)
(b) of the Madras City Municipal Corporation Act, 1919, or (c) a tax levied under section 75 (2) of the Tamil Nadu
Local Boards Act, 1920, for the specific purpose of executing, maintaining or
improving any work for the supply of water, or (d) an additional house-tax levied under rule 19 of
Schedule IV to the Tamil Nadu District Boards Act, 1920, for the purpose of
providing a water-system or a combined water and drainage system. If
the Director of Public Health is satisfied upon investigation that any source
of public water-supply in a local area is contaminated or is subject to
imminent risk of contamination by reason of unsatisfactory location,
protection, construction, operation or maintenance, and speedy remedy or
immediate prevention is, in his opinion, desirable, he may, by order, direct
the local authority to take such measures as may be specified therein; and the
local authority shall take action accordingly. In
the case of any railway in the State of Tamil Nadu the Government may, by
general or special order, require the authority administering the railway to
submit for analysis, to such person or institution, in such manner, and at such
intervals, as may be prescribed, samples of drinking water supplied by such
authority at any station or stations on such railway. For such analysis, the
authority aforesaid shall pay to the Government such fee as may be prescribed
by them. The
Government shall have power to make rules providing for the protection and
periodical examination of sources of water-supply in the State. (1) The Health Officer may at anytime by written notice
require that the owner of, or any person having control over, any lake, stream,
spring well, tank, reservoir, pond or other source of water-supply which is
used for drinking, bathing or washing clothes shall, whether the same is private
property or not, within a reasonable time to be specified in the notice, or in
any case falling under clause (d) within such time as may be specified in the
notice not being less than thirty-six hours from the receipt thereof- (a) keep and maintain any such source of supply in such
manner as the Health Officer may direct; or (b) cleanse any such source of water-supply from silt,
refuse and vegetation; or (c) protect any such source of water-supply from
pollution by surface drainage in such manner as the Health Officer may direct;
or (d) fill in, repair, protect or enclose in such manner
as the Health Officer may direct, any such source of water-supply, if for want
of sufficient repair, protection or enclosure, such source of water-supply is
in his opinion dangerous to the health or safety of the public or of any
persons having occasion to use or to pass or approach the same; or (e) desist from using, and from permitting others to
use, for drinking purposes any such source of water-supply if, in the opinion
of the Health Officer, the water is unfit for drinking; or (f) close any such source of water-supply either
temporarily or permanently or fill up, enclose or fence the same in such manner
as the Health Officer considers sufficient to prevent the use thereof for drinking
purposes, if in his opinion the water is unfit for drinking; or (g) drain off or otherwise remove from any such source
of water-supply, or from any land or premises or receptacle or reservoir
attached or adjacent thereto, any stagnant water which the Health Officer
considers to be either injurious to health or offensive to the neighbourhood: Provided
that the provisions of clauses (a) and (b) shall not apply to a stream: Provided
further that a notice shall not be issued under clause (f) unless a notice has
first been issued under clause (e) and the source of water-supply in question
continues to be used for drinking purposes notwithstanding the issue of such
notice, and the Health Officer considers that such use cannot be prevented
otherwise than by the issue of a notice under clause (f). (2) If the owner or person having control as aforesaid
fails or neglects to comply with any notice issued under sub-section (1) within
the time specified therein, the Health Officer may, if immediate action is
necessary to protect the health or safety of any person or persons, at once
proceed to execute the work specified in such notice, and all the expenses
incurred in respect thereof by the Health Officer shall be paid by the owner
of, or person having control over such source of water-supply, and shall be
recoverable as if it were a tax due to the local authority concerned: Provided
that in the case of any private source the water of which is used by the public
or by any section of the public as of right, the expenses which have been
incurred by the Health Officer or which, in the opinion of the local authority
have been necessarily incurred by the owner of or person having control over,
the source of water-supply shall be paid from the funds of the local authority. (1) Any local authority may with the previous sanction
of the Government, and shall, if so directed by them levy within its area or
any part thereof, any tax which may be necessary for providing water-supply in
such area or part. (2) Any tax levied under sub-section (1) may be a new
tax levied on such basis assessed and realized in such manner as may be
sanctioned or directed by the Government, or may be tax or additional tax
levied under any head of taxation specified in any law for the time being in
force governing the local authority concerned in which case all the provisions
of such law relating to the incidence, assessment or realization of a tax under
such head or in any manner connected therewith shall be applicable to the tax
or additional tax, with such modifications and restrictions, if any, as may be
prescribed. (3) (a) The rates at which any tax may be levied under
this section shall be determined by the local authority with the previous
sanction of the Government in case the tax is levied by the local authority of
its own motion, and by the Government in case the tax is levied at their
direction. (b) The Local authority may with the previous
sanction of the Government and shall, if so directed by them, alter the rates
at which any such tax is to be levied. (4) (a) Every local authority levying a tax under this
section shall earmark the net revenue therefrom for expenditure on the
execution, maintenance and improvement of works of water-supply in the local
area or part thereof within which it is levied. (b) Such revenue shall be expended in accordance
with such orders as may be issued by the Government in this behalf. (5) Nothing contained in this section shall be deemed
to affect the power of the Corporation of Madras to levy a water and drainage
tax under section 99 (1) (b) of the Madras City Municipal Corporation Act,
1919, or of any municipality governed by the Tamil Nadu District Municipalities
Act, 1920, to levy a water and drainage tax under section 81(1) (b) of that act
or of any local board governed by the Tamil Nadu District Boards Act, 1920, to
levy an additional house-tax under rule 19 of Schedule IV to that Act for any
purpose specified in that rule. No
owner of any dwelling-house which may be constructed or reconstructed after the
commencement of this Act in any urban local area shall occupy it, or cause or
permit it to be occupied, until he has obtained a certificate from an officer
of the Public Health Department of the local authority concerned, not below the
rank of Health or Sanitary Inspector, that there is within the house, or within
a reasonable distance therefrom, a supply of wholesome water sufficient for the
domestic purposes of the immates of the house. (1) Every urban local authority shall, so far as the
funds at its disposal may permit, provide and maintain a sufficient and
satisfactory system of public drains for the effectual draining of its local
area. (2) If, in the opinion of Government, any local area or
part thereof should, for any special reason, be provided with a system of
public drains or with any other means of drainage, they may direct the local
authority to provide or execute, within such time as may be fixed by them in
this behalf, such works as may be considered necessary by them. (3) The local authority shall at all times keep in good
repair all drains, cesspools and the like vested in or belonging to it. (1) If any premises are in the opinion of the Health
officer without sufficient means of effectual drainage, he may, by notice,
direct the owner of such premises to construct a drain leading therefrom the
nearest public drain or other place set apart by the local authority for the
discharge of sewage: Provided
that- (a) the cost of constructing that portion of the drain
which is situated more than one hundred feet from the said premises, shall be
paid from out of the funds of the local authority concerned; and (b) if, in the opinion of the Health Officer, there is
no public drain or other place set apart for the discharge of sewage within a
reasonable distance of such premises, he may, by notice, require the owner of
the premises to construct- (i) a closed cesspool, tank, filter or other work of
such material, size and description, as he may direct; and (ii) a house-drain communicating with such closed
cesspool, tank, filter or other work. (2) Where by reason of a local authority changing its
system of drainage or undertaking a new system of drainage, it becomes
necessary for the owner of any premises to reconstruct or alter any drain, the
cost of the reconstruction or alteration of such drain shall be borne wholly by
the local authority, or wholly by the owner, or partly by the local authority
and partly by the owner, in accordance with such rules as may be prescribed. Where
a house-drain belonging to one or more premises has been laid in any private
street which is common to more than one premises and the Health Officer
considers it desirable that any other premises should be drained into such
drain, he may, by notice, require the owner of such premises to connect his
house-drain with such first-mentioned drain; and the owner or owners of such
first-mentioned drain shall thereupon be bound to permit such connexion to be
made: Provided
that no such connexion shall be made- (a) except upon such terms as may be mutually agreed
upon between or among the owners concerned, or (b) in default of such agreement, except upon such
terms as may be laid down by the local authority and in particular, until any
payment which may be directed by the local authority to be made to the owner or
owners concerned, has been duly made. (1) Drains for the drainage of huts shall be of such
size and description, and be constructed of such materials, as may be
considered by the Health Officer to be practicable, having regard to the
circumstances of the locality and the position of the nearest public drain or other
place set apart by the local authority for the discharge of sewage. (2) If the Health Officer considers that a new drain
should be constructed for the benefit of the occupants of any hut, he may, by
notice, require the owner of the land on which such hut stands, to construct
such drain and such owner shall construct such drain, and cause it to be
cleansed and repaired to the satisfaction of the Health Officer. For
the purpose of efficiently draining any land or building the Health Officer
may, by notice, require the owner of any court-yard, alley, lane, passage or
open space- (a) to pave the same with such material and in such
manner as may be approved by the Health Officer and to keep such paving in proper
repair; or (b) to raise the level of such court-yard, alley, lane
passage or open space. Explanation.-
It shall be open to the Health Officer to require that in any case both the
measures specified in clauses (a) and (b) of this section shall be taken. (1) No person shall construct a cesspool- (a) beneath any part of any building or within fifty
feet of any tank, reservoir, water-course or well or within such other distance
therefrom as the Health Officer may consider to be practicable having regard to
the circumstances of the locality; or (b) within any local area, or outside such area but
within three hundred feet of any reservoir used for the storage of filtered
water to be supplied to such area, except upon a site and in a position which
have been approved in writing by the Health Officer. (2) The Health Officer may, at any time, by notice,
require any person within whose premises any cesspool is constructed in
contravention of sub-section (1) to remove such cesspool or to fill it up with
such material as may be approved by him. No
owner of any building constructed or reconstructed after the commencement of
this Act in any urban local area shall occupy it, or cause, or permit it to be
occupied, until he has obtained a certificate from the Health Officer that the
building has been provided with sufficient means of drainage. No
person having control over any building or land shall cause or allow- (a) the water of any sink, sewer, latrine, or sanitary
convenience, or any other liquid or other matter which is, or is likely to
become offensive, to run or drain into or to be thrown or put upon, any street
or open space or to soak through any external wall; or (b) any offensive matter from any sewer, latrine or
sanitary convenience, to run, drain or be thrown into a surface drain in any
street. No.
person shall, save as may be generally or specially prescribed, throw, empty,
or turn, or suffer or permit to be thrown, emptied or turned or to pass, into
any public drain or into any drain communicating with a public drain- (a) any matter likely to injure the drain or to
interfere with the free flow of its contents, or to affect prejudicially the
treatment and disposal of such contents; or (b) any liquid being refuse or steam or other liquid
which is either alone or in combination with the contents of the drain,
dangerous, or the cause of a nuisance, or prejudicial to health; or (c) any explosive or inflammable substance. No
person shall, save as may be generally or specially prescribed- (1) put, or cause to be put, or cause to fall or flow
or be carried, or knowingly permit to be put or to fall or flow or be carried,
into any water-course ? (a) any solid or liquid sewage matter, or (b) any poisonous, noxious or polluting liquid
proceeding from any manufactory or manufacturing process, or (2)
put,
or cause to be put, or cause to fall or be carried, or knowingly permit to be
put or to fall or be carried, into any water-course, so as, either singly or in
combination with other similar acts of the same or any other person to
interfere with the due flow of such water-course, or to pollute the water
therein, the solid refuse of any manufactory, manufacturing process or quarry
or any rubbish or cinders, or any other waste or putrid solid matter, or (3) commit nuisance in or in the neighbourhood of any
water-course. Every
local authority shall provide and maintain in proper and convenient places a sufficient
number of sanitary conveniences for the use of the public and cause all such
places to be kept in proper order so as not to be a nuisance or injurious to
health. If
in any local area any building intended for human habitation is constructed or
is reconstructed after being pulled down to or below the ground floor, the
owner thereof shall provide such sanitary conveniences and in such positions as
the Health Officer may, by notice, require. (1) If any building intended for human habitation is
without any sanitary convenience or if, in the opinion of the Health Officer,
the sanitary convenience or conveniences provided therein are insufficient,
having regard to the number of persons occupying the building, or are
inefficient, or are objectionable on sanitary grounds, he may, by notice in
writing require the owner of such building- (a) to provide such sanitary conveniences or such
additional sanitary conveniences and in such positions, as may be specified in
the notice; or (b) to make such structural or other alterations as may
be specified in the notice. (2) Every owner of the ground on which a group of six
or more huts stands shall provide such latrine accommodation, in such
positions, and within such time as the Health Officer may, by notice, require,
for the use of the inhabitants of such group of huts. (1) All latrines shall- (a) be so constructed as to screen persons using the
same and the filth from the view of persons passing by or residing in the
neighbourhood; and (b) be maintained, repaired altered and used in
accordance with the rules and by-laws made under this Act. (2)
If
any latrine opening on any street, whether such latrine be erected before or
after the commencement of this Act, is so placed or constructed as to be
nuisance or offensive to public decency, the Health Officer may, by notice in
writing, require the owner to remove it or to carry out such improvements
therein and within such time as may be specified in the notice. (3) When any latrine is used in common by the occupiers
of two or more premises or by the members of two or more families, no person
shall injure or improperly foul any such latrine or anything used in connection
therewith. Without
prejudice to the generality of the definition of the expression
"nuisance" contained in clause (25) of section 3, the following shall
be deemed specifically to be nuisances for the purposes of this Chapter:- (1) any premises in such a state as to be prejudicial
to health or a nuisance; (2) any pond, pool, ditch, gutter, water-course,
water-trough, latrine, cesspool, drain or ashpit which is so foul or in such a
state as to be prejudicial to health or a nuisance; (4) any animal kept in such a place or manner as to be
prejudicial to health or a nuisance. (5) any accumulation or deposit of refuse or other
matter which is prejudicial to health or a nuisance: (6) any factory not being a factory governed by the
provisions of the Factories Act, 1948, workshop or work-place, which is not
provided with sufficient means of ventilation, or in which sufficient
ventilation is not maintained, or which is not kept clean or not kept free from
noxious effluvia, or which is so overcrowded while work is carried on as to be
prejudicial to the health of those employed therein; (7) any fireplace or furnace which does not as for as
practicable consume the smoke arising from the combustible used therein, and
which is used for working engines by steam, or in any mill, factory, dyehouse,
brewery, bake-house or gas-work, or in any manufacturing or trade process
whatsoever; (8) any chimney sending forth smoke in such quantity as
to be a nuisance; and (9) any noise, vibration, dust, cinders, irritating
smell or offensive odour produced by a factory, workshop or workplace which is
a nuisance to the neighbourhood. Every
urban local authority shall- (a) cause its local area to be inspected from time to
time with a view to ascertain what nuisance exist therein calling for abatement
under the powers conferred on such authority by this Act; and (b) enforce the provisions of this Act in order to
abate such nuisances. Any
person aggrieved by a nuisance in any local area may give information of the
same to the Health Officer or any other Officer of the public health
establishment of the local authority. If
the Health Officer is satisfied, whether upon information given under section
43 or otherwise of the existence of a nuisance, he may, by notice require the
person by whose act, default or sufferance the nuisance arises or continues,
or, if that person cannot be found, the owner or occupier of the premises on
which the nuisance arises or continues, to abate the nuisance and to execute
such works and take such steps as may be necessary for that purpose: Provided
that- (a) where the nuisance arises from any defect of a
structural character, the notice shall be served on the owner of the premises;
and (b) where the person causing the nuisance cannot be
found and it is clear that the nuisance does not arise or continue by the Act,
default or sufferance of the owner or the occupier of the premises, the Health
Officer may himself forthwith do what he considers necessary to abate the
nuisance and to prevent a recurrence thereof. If
the person, on whom a notice to abate a nuisance has been served under section
44, makes default in complying with any of its requirements within the time
specified therein, or if the nuisance although abated within such time is, in
the opinion of the local authority, likely to recur on the same premises, the
local authority may arrange for the execution of any works necessary to abate
the nuisance or to prevent its recurrence, as the case may be, and may recover
the cost from such person as if it were a tax due to the local authority. Where
a house or other building is, in the opinion of the Health Officer, unfit for
human habitation by reason of a nuisance existing therein, he may apply to a
Magistrate to prohibit the use of such house or building for human habitation
until it is rendered fit therefor. (1) A local authority may sell any materials which have
been removed by it from any premises (including any street), when executing
works under this Chapter or otherwise carrying into effect the provisions
thereof, if such materials are not claimed and taken away by the owner before
the expiration of seven days from the date on which they were removed by the
local authority. (2) A local authority selling any materials under
sub-section (1) shall pay the sale-proceeds to the person to whom the materials
belonged, after deducting therefrom the amount of any expenses recoverable from
him by such authority. (3) The provisions of this section shall not apply to
any offensive matter removed by a local authority under the Act governing such
authority. The
executive authority or any Officer of the Public Health Department of the
Government or of the local authority, not below the rank of Health or Sanitary
Inspector, may enter and inspect any premises for the purpose of enforcing any
of the provisions contained in this Chapter: Provided
that- (a) no such entry shall be made between sunset and
sunrise except when a nuisance is caused by anything done or omitted to be done
in the premises between sunset and sunrise; (b) no dwelling house shall be so entered without the
consent of the occupier thereof, unless he has received at least twenty-four
hours previous notice of the intention to make such entry; (c) sufficient notice shall, in every case, be given to
enable the inmates of any apartment appropriated to women to withdraw to some
part of the premises where their privacy may be preserved; and (d) due regard shall be paid, so far as may be
compatible with the exigencies of the purpose of the entry, to the social and
religious usages of the persons residing in the premises. If
the local authority or its Health Officer makes default in doing its or his
duty under this Act in regard to the abatement or prevention of nuisances, the
Government may authorize any of their officers to perform such duty and for that
purpose to exercise any specified powers of the local authority or of its
Health Officer or of both, in the local area concerned and the expenses
incurred by such officer shall be met from the funds of the local authority. If
a nuisance under this Act within, or affecting any part of, a local area,
appears to be wholly or partly caused by some act or default committed or
taking place outside such local area, the local authority may take or caused to
be taken against any person in respect of such act or default any proceedings
in relation to nuisances, authorized by this Act in the like cases and with the
like incidents and consequences as if the act or default were committed or took
place wholly within such local area. (1) No person shall deposit, or cause or suffer any
member of his family or household to deposit any carcasses of animals, any
dust, dirt, dung, ashes or refuse or filth of anykind, any animal matter, any
broken glass, earthenware or other rubbish, or any other thing which is or may
be a nuisance, in any street or in any arch under a street, or in any drain
beside a street, or on any open space (not being private property), or on any
quay, jetty or landing place, on or any part of the sea-shore, or on the bank of
any water-course, except in such receptacles as may be provided or at such
places, in such manner and at such hours, as may be fixed by the Health
Officer. (2) No person shall ease himself, or cause permit or
suffer any member of his family or household to ease himself in any such
street, arch, drain, open space, quay, jetty, landing place, sea-shore or bank
aforesaid. (3) Any person easing himself in any private open space
shall immediately cover up the excreta with earth. For
the purposes of this Part, 'infectious disease' means (a) acute influenzal
pneumonia, (b) anthrax, (c) eerebro-spinal fever, (d) chicken-pox, (e) cholera,
(f) diphtheria, (g) enteric fever, (h) leprosy, (i) measles, (j) plague, (k)
rabies, (l) relapsing fever, (m) scarlet fever, (n) Small-pox, (o)
tuberculosis, (p) typhus or (q) any other disease which the Government may from
time to time, by notification, declare to be an infectious disease either
generally throughout the State or in such part or parts thereof as may be
specified in the notification. (1) In the event of the prevalence or threatened
outbreak of any infectious disease in any local area, or of any unusual
mortality therein, the local authority concerned shall provide such additional
staff, medicines, appliances, equipment and other things as may, in the opinion
of the Health Officer, be necessary for the treatment of such infectious
disease and preventing it from spreading, or for investigating the cause of
such mortality, and preventing it, as the case may be: Provided
that, if the local authority does not agree with the opinion of the Health
Officer, the matter shall be referred to the Director of Public Health whose
decision shall be final. (2)
In
the event aforesaid, if the Health Officer considers that immediate action is
necessary in the interest of public health, he may, notwithstanding anything
contained in sub-section (1), appoint such additional staff and obtain such
medicines, appliances, equipment and other things as may be necessary, and the
expenses incurred in respect thereof shall be met from the funds of the local
authority. (3) Every appointment made under sub-section (2) shall
be reported forthwith to the executive authority and by such authority to the
local authority concerned at its next meeting. (1) (a) The local authority may, and if so required by
the Government shall, provide or cause to be provided, hospitals, wards or
other places for the reception and treatment of persons suffering from
infectious diseases. (b) For the purpose of the reception and treatment
of such persons, a local authority may- (i) itself build such hospitals, wards or places of
reception, or (ii) contract for the use of any such hospital or part
of a hospital or place of reception, or (iii) enter into an agreement with any person having the
management of any such hospital, for the reception and treatment therein of
persons suffering from infectious diseases. (c) For the purpose aforesaid, two or more local
authorities may in combination provide a common hospital or place of reception. (2) A local authority shall not be deemed to have
discharged its obligation under sub-section (1) unless the hospitals, wards or
places of reception in question are maintained in accordance with such general
or special orders as may from time to time be issued by the Director of Public
Health. A
local authority may, and if so required by the Director of Public Health shall- (a) provide and maintain suitable conveyances, with
sufficient attendants and other requisites, for the free carriage of persons
suffering from any infectious disease; and (b) provide proper places and apparatus and
establishment, for the disinfection of conveyances, clothing, bedding or other
articles which have been exposed to infection; and when any conveyances,
clothing, bedding or articles are brought to any such place for disinfection,
may cause them, at its discretion, to be disinfected, either free of charge, or
on payment of such fee as it may fix. Every
medical practitioner who, in the course of his practice, becomes cognizant of
the existence of any case of enteric fever or tuberculosis in any private or
public dwelling other than a public hospital 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. (1) If it appears to the Health Officer that the water
in any tank, well or other place, if used for drinking or any other domestic
purpose, is likely to endanger or cause the spread of any infectious disease,
he may, by public notice, prohibit the removal or use of the said water
generally or for any specified domestic purpose. (2) No person shall remove or use any water in respect
of which any such notice has been issued in contravention of the terms thereof. (1) If it appears to the Health Officer that any person
is suffering from an infectious disease, and that such person- (a) (i) is without proper lodging or accommodation, or (ii) is lodged in a place occupied by more than one
family, or (iii) is without medical supervision directed to
the prevention of the spread of the disease, or (iv) is in a place where his presence is a danger
to the people in the neighbourhood; and (b)
should be removed to a hospital or other place at which patients suffering from
such disease are received for treatment, the Health Officer may remove such
person or cause him to be removed to such hospital or place. (2) If any woman who, according to custom, does not
appear in public, is removed to any such hospital or place- (i) the removal shall be effected in such a way as to
preserve her privacy; and (ii) special accommodation in accordance with the custom
aforesaid shall be provided for her in such hospital or place. (3)
No
person shall leave, or be taken away from, any hospital or other place referred
to in sub-section (1) without the permission of the medical officer in-charge
or of the Health Officer. (4) Whoever- (a) obstructs the removal of any person to any hospital
or other place under sub-section (1), or (b) leaves, or takes away any person from any such
hospital or place in contravention of sub-section (3), shall be punished with
imprisonment which may extend to three months or with fine, or with both. (1) No person who knows that he is suffering from an
infectious disease not specified in Part II of this Chapter shall expose other
persons to the risk of infection by his presence or conduct in- (a) any market, theatre or other place of entertainment
or assembly, or (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 Tamil Nadu 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 II 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) 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. 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 of 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. In
this Part, notified disease means- (a) cerebrospinal fever, (b) chicken-pox, (c) cholera (d) diphtheria, (e) leprosy, (f) measles, (g) plague, (h) rabies, (i) scarlet fever, (j) small-pox, (k) typhus, or (l) any other disease which the Government may from
time to time by notification declare to be a notified disease for the purpose
of this part either generally throughout the State or in such part or parts
thereof as may be specified in the notification. (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. (2)
The
owner or lessee of such building or place shall be entitled to compensation for
any damage or expenses incurred and to a reasonable rent for the period during
which it had been 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 cleaned. 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. (1) The Health Officer or any person authorized 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, work-shops, work-places,
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. (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. (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. If,
on the application of the Health Officer, a Magistrate 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. 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
articles 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 Officer, or a registered medical practitioner, or unless under
instructions from such a person, it is sent with proper precautions to a
laundry for the purpose of disinfection with notice that it has been exposed to
infection; or (2) place or cause or permit to be placed in any
dust-bin or other receptacle for the deposit of refuse any matter which he
knows to have been exposed to infection from a notified disease and which has
not been disinfected. (1) No person who knows that he is suffering from a
notified disease shall ? (a) enter any public conveyance used for the conveyance
of passengers at separate fares, or (b) enter any other public conveyance, without
previously notifying the owner, driver or conductor thereof that he is so
suffering. (2) No person having the care of a person whom he knows
to be suffering from a notified disease shall permit that person to be carried- (a) in any public conveyance used for the conveyance of
passengers at separate fares, or (b) in any other public conveyance, without previously notifying the owner,
driver or conductor thereof that the person is so suffering. (3) The owner, driver, or conductor of a public
conveyance used for the conveyance of passengers at separate fares shall not
convey therein a person whom he knows to be suffering from a notified disease,
at any time when a passenger not suffering from, such disease is being conveyed
therein: Provided
that a person suffering from a notified disease may be conveyed in the public
conveyance aforesaid, in such cases of emergency and subject to such
restrictions and safeguards as may be notified by the Government. (4)
The
owner or driver of any other public conveyance may refuse to convey therein any
person suffering from a notified disease until he has been paid a sum
sufficient to cover any loss and expense which will be incurred by reason of
the provisions of the next succeeding sub-section. (5)
If
a person suffering from a notified disease is conveyed in a public conveyance,
the person in-charge thereof shall as soon as practicable give notice to the
Health Officer of the local area in which the conveyance is usually kept and
before permitting any other person to enter the conveyance shall cause it to be
disinfected. (6) The local authority when so requested by the person
in-charge of a public conveyance in which a person suffering from a notified
disease has been conveyed shall provide for its disinfection, No
person shall, without special permit from the Health Officer, let or sub-let,
or permit or Suffer any prospective tenant to enter a building in which he knows
or has reason to know that a person has been suffering from a notified disease,
with in the three months, immediately preceding.' (1) No person who knows that he is suffering from a
notified disease shall expose other persons to the risk of infection by his
presence or conduct in- (a) any street or public place, or (b) any market, theatre or other place of entertainment
or assembly, or (c) any school, college, playground or such other
place, or (d) any hotel, hostel, boarding house, choultry,
rest-house, or club, or (e) any factory or shop. Explanation.-
A Person shall be deemed to know that he is suffering from a notified 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 Tamil Nadu 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 a notified disease 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). (1) If a case of notified disease occurs on any
premises, the Health Officer may, whether the person suffering from the disease
has been removed from the premises or not, make an order forbidding any work to
which this section applies, to be given out to any person living or working on
those premises or in such part thereof as may be specified in the order, and
any order so made be served on the occupier of the factor from which the work
is given out or on any contractor employed by such occupier. (2) An order under this section may be expressed to be
operative for a specified time or until the premises or any part thereof
specified in the order have been disinfected to the satisfaction of the Health
Officer, or may be expressed to be inoperative so long as any other reasonable
precautions specified in the order are taken. (3) This section applies to the making, cleaning,
washing, altering, ornamenting, finishing or repairing of wearing apparel and
any work incidental thereto, and to such other classes of work as may from time
to time be notified by the Director of Public Health. No
person who knows that he is suffering from a notified disease shall take any
book or cause any book to be taken for his use, or any book taken, from any
public or circulating library. (1) No person having the charge or control of the body
of any person who has died while suffering from a notified disease shall permit
or suffer persons to come unnecessarily into contact with, or proximity to, the
body. (2) No person shall, without the sanction in writing of
an officer of the Public Health Department of the Government or of the local
authority concerned, not below the rank of Health or Sanitary Inspector, retain
in any premises (elsewhere than in a public mortuary) for more than twelve
hours the body of any person who has died while suffering from any notified
disease. (3) (a) If any such body (not being a body kept in a
mortuary) remains undisposed of for more man twelve hours without the sanction
referred to in sub-section (2), or if the dead body of any person is retained
in any building so as to endanger the health of the inmates of such building or
of any adjoining or neighbouring building, any Magistrate may, on the
application of any officer, referred to in sub-section (2), order the body to
be removed and disposed of within a specified time. (b) A Magistrate may, in the case of the body of a
person who has died while suffering from a notified disease, or in any other
case in which he considers the immediate disposal of the body necessary, direct
the body to be so disposed of, unless the friends or the relatives of the
deceased undertake the disposal of the body within a time specified in the
order. (c) The expenses of the removal and disposal of any
body under clause (a) or clause (b) shall be borne by the local authority; but
such expenses may be recovered, as if it were tax due to it, by the local
authority from any person who would have been legally liable therefor but for
such removal and disposal, unless in the opinion of the local authority he is
too poor to do so. (4) (a) If any person dies in a hospital or a place of
temporary accommodation for the sick while suffering from a notified disease,
and the Health Officer certifies that in his opinion it is 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. In
the event of the prevalance of a notified disease in any local area, on the
application of the Health Officer, any Magistrate, 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. (1) (a) In the event of the prevalance or threatened
outbreak of a notified disease in any place or area, 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) 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 authorized by him by general or
special order, or if empowered in this behalf by rules 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:- (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 adjacent to, or in the neighbourhood of, an
infected building shall be examined by any specified medical officer or by any
one of a specified class of medical officers (ii) that the clothing, bedding or other articles
belonging to such persons shall be disinfected, if there is reason to suspect
that they have been exposed to infection; and (iii) that any such person shall give his address and
present himself daily for medical examination at a specified time and place,
for a period not exceeding ten days; (d) power to take such measures as may be necessary- (i) in respect of, or in relation to, persons exposed
to infection from any notified disease, or likely to infect other persons with
any such disease, and (ii) in respect of, or in relation to, articles exposed
to infection from any notified disease, or likely to infect persons with any
such disease, including, in case (i) the placing of restrictions on the
movements of such persons, and in case (ii), the destruction of such articles
and the placing of restrictions on their export from, import into, or transport
within, the local area; (e) power to direct that at any place within or outside
the local area, any consignment of grain exported from, or imported into, such
area by rail, road or otherwise, shall be examined and, if necessary unloaded
and disinfected in any specified manner; and (f) power to close all or any existing markets and to
appoint special places where markets may be held. (3) (a) If any person who, or a child in whose care, is
sought to be vaccinated or inoculated in pursuance of the power referred to in
clause (b) of sub-section (2), declares before a Magistrate specially empowered
by the Government in this behalf that as a result of a careful inquiry into the
subject, he believes that such vaccination or inoculation will be injurious to
his health or the health of the child, as the case may be, the Magistrate may,
after giving notice to the Health Officer and hearing any representations made
by him or on his behalf, exempt such person or child from vaccination or
inoculation, on condition of the person aforesaid undertaking to subject
himself and the members of his family to isolation of such description and for
such period and to such further restrictions, if any, as may be directed by the
Magistrate; Provided
that any exemption granted under this clause shall cease to have effect after a
conviction under clause (b) and no exemption shall be granted to any person who
has been so convicted. (b) Any person who commits a breach of any
undertaking given by him under clause (a) shall be punished with imprisonment
which may extend to three months, or with fine, or with both. (4) The local authority may, in its discretion, give
compensation to any person who in its opinions, has sustained substantial loss
by the destruction of any property under the powers conferred by this section;
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. (1) The occupier of every premises, or if the premises
are unoccupied, the owner thereof, shall take such steps as may be reasonably
practicable for the destruction of rats mice and other animals susceptible to
plague infecting such premises. (2) Where the Health Officer is of opinion that the
Occupier or Owner of any premises has failed to fulfil the obligation laid on
him by sub-section (1), he may either- (a) serve a notice on such occupier or Owner, requiring
him to take such steps and within such time as may be specified in the notice,
or (b) enter upon such premises and take such steps as may
be necessary for the purpose of destroying the rats, mice and other animals
susceptible to plague infesting the same, after giving not less than twenty
four hours previous notice to such occupier or owner. (3) Any expenses incurred under clause (b) of
sub-section (2) may be recovered by the local authority concerned from the
occupier or owner, as the case may be, as if it were a tax due from him to the
local authority. (1) A local authority may, and if so required by the
Government shall, make such arrangement in its local area as may be directed by
the Government for- (a) the free diagnosis and treatment of persons
suffering, or suspected to suffer, from venereal diseases; and (b) the prevention of infection from such diseases. (2) The local authority may for the purpose mentioned
in sub-section (1) enter into a contract- (a) with any other local authority, or (b) with a hospital or medical institution recognized
by the Government in this behalf, or (c) with the sanction of the Government, with any
medical practitioner registered under the Tamil Nadu Medical Registration Act,
1914. Every
physician or other person treating or examining with a view to treatment, a
person having venereal disease shall, at the first visit- (a) impress upon such person the necessity for
treatment until the cure is effected; (b) instruct him in regard to the measures necessary
for preventing the spread of the disease; and (c) furnish him with such other information relating to
the disease as may be provided by the Director of Public Health. Every
medical practitioner registered under the Tamil Nadu Medical Registration Act,
1914, and included in a panel published by the Government for the purpose of
this section shall be bound, at the instance of a person desirous of obtaining
a certificate under this section and on payment of a fee of five rupees, to
examine such person, and if he finds that such person is not suffering from a
venereal disease, or has been cured thereof, to furnish to such person a
certificate to that effect in the prescribed form. The
Government shall have power to make such rules as they deem fit for the
treatment of persons affected with any epidemic, endemic or infectious disease
and for preventing the spread of such diseases and the rules may declare by
what authority or authorities such rules shall be enforced and executed. Every
local authority shall be bound to carry out such measures pertaining to
maternity and child welfare as may be prescribed. (1) If the provisions of this section have been
extended to any local area, no person or local authority shall, after such
extension- (a) have, keep, or maintain within such area any
collection of standing or flowing water in which mosquitoes breed or are likely
to breed, or (b) cause, permit, or suffer any water within such area
to form a collection in which mosquitoes breed or are likely to breed, unless
such collection has been so treated as effectively to prevent such breeding. Explanation.
- Troughs used for cattle and in frequent use shall not, until the contrary is
proved, be deemed to be collections of water in which mosquitoes breed of are
likely to breed. (2) The natural presence of mosquito larvae in any
standing or flowing water shall be evidence that mosquitoes are breeding in
such water. (1) The Health Officer may, by notice in writing,
require the owner or the occupier of any place containing any collection of
standing or flowing water, in which mosquitoes breed or are likely to breed,
within such time as may be specified in the notice, not being less than
twenty-four hours, to take such measures with respect to the same, or to treat
the same by such physical, chemical or biological method, being measures or a
method, approved by the Director of Public Health, as the Health Officer may
consider suitable in the circumstances. (2) If a notice under sub-section (1) is served on the
occupier, he shall, in the absence of a contract, expressed or implied, to the
contrary, be entitled to recover from the owner the reasonable expenses
incurred by him in taking the measures or adopting the method of treatment,
specified in the notice and may deduct the amount of such expenses from the rent
which is then, or which may thereafter be, due from him to the owner. If
the person on whom a notice is served under section 84 fails or refuses to take
the measures, or adopt the method of treatment, specified in such notice within
the time specified therein, the Health Officer may himself take such measures
or adopt such treatment and recover the cost of doing so from the owner or
occupier of the property, as the case may be, in the same manner as if it were
a property tax. Where,
with the object of preventing the breeding of mosquitoes in any land or
building, the Government or any local authority, or the owner or occupier at
the instance of the Government or any local authority have constructed any
works in such land or building, the owner for the time being as well as the
occupier for the time being of such land or building shall prevent its being
used in any manner which causes, or is likely to cause, the deterioration of
such works, or which impairs, or is likely to impair, their efficiency. (1) No person shall, without the consent of the Health
Officer, interfere with, injure, destroy or render useless, any work executed
or any material or things placed, in, under, or upon any land or building, by
or under the orders of the Health Officer with the object of preventing the
breeding of mosquitoes therein. (2) If the provisions of sub-section (1) are
contravened by any person, the Health Officer may re-execute the work or
replace the materials or things, as the case may be, and the cost of doing so
shall be recovered from such person in the same manner as if it were a property
tax. For
the purpose of enforcing the provisions contained in this Chapter, the Health
Officer or any of his subordinates not below the rank of Health or Sanitary
Inspector may, at all reasonable times, after giving such notice in writing as
may appear to him reasonable, enter and inspect any land or building within his
jurisdiction; and the occupier or the owner, as the case may be, of such land
or building, shall give all facilities necessary for such entry and inspection
and supply all such information as may be required of him for the purpose
aforesaid. (1) Every urban local authority shall, within one year
from the commencement of this Act or within such further time as the Government
may allow in the case of any such authority, notify in the prescribed manner
the localities, divisions, wards, streets or portions of streets in its local
area which shall be reserved for residential purposes. (2) An urban local authority may, at any time
subsequent to the issue of a notification under sub-section (1) notify
additional localities, divisions, wards, streets or portions of streets, as
areas which shall be reserved for residential purposes. (3) A notification issued under sub-section (1) or
sub-section (2) may declare that operations in any factory, workshop or
workplace in existence at the time when it comes into force, or that the
continuance of any offensive trade carried on by any person at such time, shall
be subject to such restrictions, limitations and conditions as may be specified
in the notification. (1) Before issuing a notification under section 89, the
local authority shall- (a) obtain the approval both of the Director of Public
Health and of the Director of Town-Planning in regard to- (i) the suitability of the areas proposed to be
reserved for residential purposes; and (ii) the restrictions limitations and conditions, if
any, proposed to be imposed under sub-section (3) of section 89; and (b) published in the prescribed manner for general
information the situation and limits of the areas proposed to be reserved for
residential purposes and the restrictions, limitations and conditions, if any,
proposed to be imposed under sub-section (3) of section 89, and consider all
objections received by it within six weeks of such publication. (2) In the event of a difference of opinion between the
local authority and Director of Public Health or the Director of Town-Planning,
the matter shall be referred to the Government whose decision shall be final. Any
person aggrieved by the issue of a notification under section 89, may appeal to
the Government whose decision shall be final. Upon
the issue of a notification under section 89, the following consequences shall
ensue, namely:- (a) The construction or establishment of any new
factory, workshop or workplace, or the carrying on of any new offensive trade
in the areas specified in the notification shall be absolutely prohibited: Provided
that the local authority may; subject to such restrictions, limitations and
conditions, as may be prescribed, permit any such construction or
establishment, if it is for the purpose of carrying on such cottage industry as
the Government may, from time to time, by notification, specify. (b) In the case of any factory, workshop or workplace
in existence at the time when the notification comes into force or of any
offensive trade in existence at such time, the restrictions, limitations and
conditions, if any, specified in the notification, shall be observed in the
areas aforesaid. Explanation
(1).- If work in any factory, workshop, or workplace existing at the time when
the notification under section 89 comes into force or any offensive trade
carried on by any person at such time ceases to be carried on for a continuous
period of not less than one year, the resumption of work in such factory,
workshop or workplace or of such offensive trade, as the case may be; shall,
unless the Government otherwise order, be deemed to be absolutely prohibited
under clause (a). Explanation
(2).- In the case referred to in Explanation (1), where the period exceeds six
months but does not extend to one year, work in the factory, workshop or
workplace or the offensive trade, as the case may be, shall not be resumed
without written permission of the Health Officer unless the Government
otherwise order. The
Government may, by notification, direct that the provisions of sections 89 to
92 shall apply to any non-urban local authority specified in such notification;
and thereupon, the provisions of those sections shall apply to such authority
as if it were an urban local authority and as if the reference to the
commencement of this Act in sub-section (1) of section 89 were a reference to
the date of publication of the notification under this section. (1) No person shall erect a new building on any ground
which has been filled up with faecal or offensive vegetable or offensive animal
matter or upon which any such matter has been deposited, unless and until the
Health Officer certifies that such matter has been properly removed by
excavation or otherwise or has become or been rendered innocuous. (2) Against the refusal of the Health Officer to issue
a certificate under sub-section (1), an appeal shall lie to the Government
whose decision shall be final. (1) If any court-yard or passage which is used in
common by the occupants of two or more buildings, but is not a public street,
is not regularly swept and kept clean and free from rubbish or other
accumulation to the satisfaction of the Health Officer, he may cause such
court-yard or passage to be swept and cleansed. (2) The local authority may recover any expenses
reasonably incurred by the Health Officer under sub-section (1) from the
occupants of the buildings which front or about on the court or yard, or to
which the passage affords access, in such proportions as may be determined by
the Health Officer. (1) If any dwelling house or portion thereof appears to
the Health Officer to be unfit for the purpose of human habitation, he may in
cases not falling under section 46, apply to the local authority to prohibit
the use thereof for such purpose, and such authority shall make an order
prohibiting the use of such dwelling house or portion for human habitation
until in the opinion of the Health Officer it is rendered fit therefor: Provided
that before making an order under this sub-section, the local authority
shall-give the owner and the occupier or occupiers, if any, concerned a
reasonable opportunity of showing cause why it should not be made. (2)
When
any order has been made under subjection (1) the executive authority shall
cause a copy of the order to be communicated to the owner as well as to every
occupier concerned; and every such occupier shall be bound to cease to inhabit
the dwelling house or portion thereof, as the case may be, within thirty days
after the communication of the order to him. (3) The owner of any dwelling house or portion of a
dwelling house in respect of which an order under sub-section (1) is in force,
shall not let or occupy, or permit to be let or occupied such dwelling house or
portion, or any part thereof, as a human habitation. In
this Part- (1) "tenement" means a dwelling house and
includes- (a) any part of a dwelling house which is capable of separate
occupation; and (b) a students, hostel under public or recognized
control, but does not include a dwelling house or part of a dwelling house,
occupied by the owner thereof; and (2) "landlord" means the immediate landlord
of the occupier or occupiers of a tenement. A
landlord of a tenement- (a) shall maintain it in a habitable condition; and (b) except temporarily on occasions such as marriages
and the like shall not cause or permit the tenement to be overcrowded: Provided
that no proceedings shall be instituted against the landlord in respect of any
infringement by him of the provisions of this section, unless a notice in
writing that the tenement is not in a habitable condition or that is
overcrowded, has been served upon the landlord or his agent by the Health
Officer, and the landlord fails within such time as may be specified in such
notice to take such steps as may be reasonably open to him for putting the
tenement in a habitable condition or for securing the abatement of the
overcrowding therein, as the case may be, including, if necessary, the taking
of legal proceedings for possession of the tenement. The
Government shall have power to make rules for determining- (a) whether a tenement or any class of tenements is or
is not maintained in a habitable condition within the meaning of section 99;
and (b) whether a tenement or any class of tenements is or
is not overcrowded within the meaning of that section. No
person shall keep a lodging house or receive a lodger therein unless he is
registered as the keeper thereof under this Act: Provided
that a person who immediately before the commencement of this Act was keeping a
lodging house shall, for a period of three months after such commencement, be
deemed to have been registered as the keeper thereof. Every
executive authority shall keep a register in which shall be entered - (a) the full name and the place of residence of every
person registered as the keeper of a lodging house; (b) the situation of every such lodging house; (c) the number of persons authorized to be received in
the lodging house; and (d) the full names and the places of residence of any
persons who are to act as deputies of the keeper of the lodging house. (1) An executive authority on receiving from any person
an application for registration, or for the renewal of his registration, as a
keeper of a lodging house, and on payment by him of such fee, if any, as may be
prescribed for the purpose, shall register the applicant in respect of the
lodging house named in the application or renew his registration in respect
thereof and issue to him a certificate of registration or of renewal of
registration: Provided
that the executive authority- (a) shall not register an applicant until the Health
Officer has inspected the premises named in the application and has recommended
such registration; and (b) may refuse to register, or to renew the
registration of, an applicant if he is satisfied that- (i) the applicant or any person employed or proposed to
be employed by the applicant at the lodging house as a deputy or otherwise is
not a fit person, whether by reason of age or otherwise, to keep or to be
employed at a lodging house; or (ii) the premises are not suitable for use as a lodging
house or are not as regards sanitation and water-supply and in other respects
including means of escape in case of fire, suitably equipped for use as such;
or (iii) the use of the premises as lodging house is likely
to occasion inconvenience or annoyance to persons residing in the
neighbourhood. (2)
The
registrations the renewal of the registration, of a person as keeper of a
lodging house shall expire at the end of the year for which it is granted
unless, for special reasons, the executive authority considers that it should
expire at an earlier date, when it shall expire at such earlier date which
shall be specified in the certificate of registration or of renewal of
registration. (3)
If
an executive authority refuses to grant or renew registration under this
section, he shall deliver to the applicant a statement in writing of the
grounds on which his application is refused. (4) If at any time, a person registered as the keeper
of a lodging house applies for the removal from the register of the name of any
person entered therein as a deputy of the keeper, or for the insertion therein
of the name of any other person, being a person approved by the executive
authority, whom the keeper proposes to employ as a deputy, the executive
authority shall alter the register accordingly and make any consequential
alterations in the certificate of registration. A
person aggrieved by the refusal of an executive authority, to grant or renew
registration under section 103 may appeal to the local authority. The
Government shall have power to make rules- (a) for fixing the number of persons who may be
received into a lodging house and for the separate accommodation of the sexes
therein; (b) for promoting cleanliness and ventilation in
lodging houses and requiring the walls and ceilings thereof to be lime-washed
or treated with some other suitable preparation, at specified intervals; (c) with respect to the taking of precautions when any
case of infectious disease occurs in a lodging house; and (d) generally for the well-ordering of lodging houses. (1) The keeper of a lodging house shall, if so required
by the executive authority, affix, and keep affixed and undefaced and legible,
a notice with the words "Registered lodging house" in some
conspicious place on the outside of the house. (2) The keeper of a lodging house and every other
person having the care or taking part in the management thereof shall at all
times allow the executive authority, the Health Officer or any other person
authorized by the executive authority or Health Officer in this behalf, to have
free access to all parts of the house. When
the registered keeper of a lodging house is convicted of an offence under this
Chapter or under section 64 or a rule or by-law applicable to him made under
this Act, the court by which he is convicted may cancel his registration as a
lodging house-keeper and may order that he be disqualified for such period as
the Court thinks fit for being again registered as such keeper. [1] [No person shall, without or otherwise than in
conformity with the terms and conditions of a licence granted by the executive
authority in this behalf, keep any eating, drinking or catering establishment,
hotel, tea-shop, coffee-house, cafe, refreshment room, mobile canteen,
itinerant stall, or restaurant, any place or vehicle where food is sold or
prepared or stored for sale or to which the public are admitted for the
consumption of any food. (1) The executive authority on receiving from any
person an application for a licence or for the renewal of a licence for keeping
in any building, mobile van, vehicle or place, any eating, drinking or catering
establishment, hotel, tea-shop, coffee-house, cafe, restaurant, refreshment
room, mobile canteen, itinerant stall or any place or vehicle where food is
sold or prepared or stored for sale or to which the public are admitted for the
consumption of any food and on payment by him of such fee, if any, as may be
prescribed for the purpose shall grant a licence or renew a licence, as the
case may be, in respect of the building, mobile van, vehicle or place named in
the application: Provided
that the executive authority shall not grant a licence or renew a licence until
the Health Officer or any person duly authorized by him has inspected the
building, mobile van, vehicle or place named in the application and has
recommended such licence or renewal of licence: Provided
further that the executive authority may refuse to grant a licence or to renew
a licence if he is satisfied that the building, mobile van, vehicle or place is
not suitable for the purpose mentioned in the application or does not satisfy
the minimum requirements as regards sanitation. (2)
The
licence or renewal of the licence granted under subsection (1) shall expire at
the end of the year for which it is granted unless the executive authority,
acting on the advice of the Health Officer, considers for special reasons that
it should expire at an earlier date, in which case such earlier date shall be
specified in the licence as the date of the expiry of the licence or renewal of
licence. (3) Where the executive authority is, at any time, of
opinion that the building, mobile van, vehicle or place in respect of which a
licence is granted or renewed under subsection (1) is kept in contravention of
any of the terms or conditions of the licence of the provisions of the rules
made under section 107-C or section 128, he may, without prejudice to any other
action which may be taken in respect of such contravention, cancel or suspend
such licence after giving the holder of the licence a reasonable opportunity of
showing pause against the proposed cancellation or suspension. (4)
If
the executive authority refuses to grant or renew, or cancels or suspends, a
licence under this section, he shall deliver, to the applicant a statement in
writing of the grounds on which his application is refused or his licence is
cancelled or suspended. (5) Any person aggrieved by the refusal to grant or
renew or by the cancellation or suspension of, a licence by an executive
authority under this section, may appeal to the local authority and the appeal
shall be disposed of in accordance with the rules prescribed by the Government. The
Government shall have power to make rules- (a) for fixing the requirements as regards sanitation
for different types of buildings, mobile vans, vehicles or places licensed
under sub-section (1) of section 107-B; (b) for preventing food infections and food poisoning
spread through food sold or prepared or stored for sale in any building, mobile
van, vehicle or place licenced under sub-section (1) of section 107-B; (c) with respect to taking precautions when outbreaks
of food infection or food poisoning due to consumption of food are suspected; (d) generally for effective control over the
preparation, storage and distribution of food in any building, mobile van,
vehicle or place licensed under sub-section (1) of section 107-B]. (1) No person shall- (a) expose or hawk about for sale, or keep store or
prepare for sale, any animal intended for human consumption which is diseased,
or the flesh of any animal which has died on account of natural causes; or (b) sell, expose or hawk about for sale, or keep,
store, manufacture or prepare for sale, any food or drug intended for human
consumption which is unfit for such purpose or is unwholesome. (2) In any prosecution under sub-section (1), the court
shall, unless and until the contrary is proved, presume- (a) that any animal found in the possession of a person
who is in the habit of keeping animals of that class for sale for human
consumption, has been kept by such person for sale, and (b) that any food or drug found in the possession of a
person who is in the habit of keeping, storing, manufacturing or preparing such
food or drug for sale for human consumption, has been kept, stored,
manufactured or prepared by such person for sale. (1) Any person who does any of the acts mentioned in
subsection (1) of section 108 or in clauses (a) to (d) of sub-section (1) of
section 5 of the Madras Prevention of Adulteration Act, 1918, through others
employed by him, whether the latter be adults or children, shall be liable to
punishment for such act as if he had himself done the same. (2) If a child under seven years of age does any of the
acts aforesaid, the employer of the child, or the parent or other person having
the care and custody of the child, as the case may be, shall be liable to
punishment for such act as if he had himself done the same. No
person shall knowingly consume the flesh of any animal which has died on
account of natural causes. Explanation.-
It shall be no defence to a prosecution under this section that the flesh was
consumed as a matter of custom, or as a matter of right on account of services
rendered in removing dead cattle, or on any other ground. (1) No person shall bring into any local area without
the permission in writing of the Health Officer thereof; the flesh of any
animal slaughtered outside the local area otherwise than in a slaughterhouse
maintained or licensed by the Government or by a local authority. (2) Any flesh brought into the local area in
contravention of sub-section (1) may be seized by the Health Officer or any
Officer or servant of the local authority authorized by him in that behalf, and
sold or otherwise disposed of as the Health Officer may direct; and in case of
sale, the sale-proceeds shall be credited to the funds of the local authority. (3) Nothing in this section shall be deemed to apply
to- (a) cured or preserved meat, or (b) flesh or meat carried through any local area for
consumption outside the limits thereof and not stored anywhere within such
limits in the course of transit, or (c) flesh or meat brought into the local area by any
person for immediate domestic consumption and not for sale: Provided
that the local authority may, by public notice, direct that the provisions of
this section shall apply to cured or preserved meat of any specified
description or brought from any specified place.
Preamble - TAMIL NADU PUBLIC HEALTH
ACT, 1939PREAMBLE
[(1)] The Health Officer 2[or
any person duly authorized by him] may, without notice, enter any place at any
time, by day or by night, where any article or food is being manufactured,
prepared, exposed or stored for sale, and inspect such article and any utensil
or vessel used for manufacturing, preparing or containing the same.
[3](2) Samples of any article of food or any vessel or
utensil, in which such articles of food are kept may be taken and examined by
the Health Officer or any person duly authorized by him as often as may be
necessary for the detection of unwholesomeness. If on such examination he finds
any such article of food to be unwholesome, he may condemn it and forbid its
sale.
(3) ??Whoever
obstructs the Health Officer or person duly authorized by him in the discharge
of his duties under this section shall be punishable with fine which may extend
to one hundred rupees.]
Section 112A - Power of the Health Officer in regard to unwholesome food
[4] [(1) If any article intended for food appears to
the Health Officer or to a person duly authorized by him to be unfit for human
consumption or is unwholesome or the utensil or vessel used in manufacturing,
preparing or keeping such article appears to be of such kind or in such state
as to render the article unwholesome or noxious, he may seize or take away or
secure such article or utensil or vessel in order that the same may be dealt
with as hereinafter provided.
(2) ??No
person shall remove or in any way interfere with an article, utensil or vessel
seized, taken away or secured under subsection (1).
(3) ??Any
article of food so seized, taken away or secured may with the consent of the
owner or person in whose possession it was found, be forthwith destroyed in
such manner as to prevent its being used for human food or exposed for sale and
if the article is perishable, without such consent.
(4) ??Any
expenses incurred in destroying any article of food under sub-section (3) shall
be paid by the owner or person in whose possession it was at the time when it
was seized, taken away or secured.
(5) ??Articles
of food seized, taken away or secured under subsection (1) and not destroyed
under sub-section (3) and utensils or vessels seized, taken away or secured
under subsection (1), shall, as soon as possible, be produced before a
Magistrate.
(6) ??Whether
or not any complaint is laid before a Magistrate of any offence under the
Indian Penal Code or under this Act, if it appears to the Magistrate on taking
such evidence as he thinks necessary that any such article is unwholesome or
noxious or any such utensil or vessel is of such kind of in such state as is
described in sub-section (1) he may order the same-
(a) to be forfeited to the local authority; and
(b) to be destroyed at the charge of the owner or any
person in whose possession it was at the time when it was seized, taken away or
secured in such manner as to prevent the same being again exposed or hawked
about for sale or used for human food or for the manufacture or preparation of,
or for keeping, any such article as aforesaid.]
Section 113 - Powers of Health Officers to deal with carriers of disease handling food
(1) ??The
Health Officer may, at any time examine any person engaged in selling, or in
manufacturing or preparing for sale, or in any manner whatsoever handling any
article of food intended for sale.
[5] [(2) When a reasonable suspicion arises as to the
possibility of transmission of infection from any person who is employed in any
of the places, of employment specified below, namely, an eating, drinking or
catering establishment, hotel, tea-shop, coffee-house, cafe, restaurant,
refreshment room, mobile canteen, itinerant stall or a place or vehicle where
food is sold or prepared or stored for sale or to. which the public are
admitted for the consumption of any food, the Health Officer may. require any
or all of the following measures to be taken, namely:-
(i) the immediate exclusion of the employee from such
place of employment;
(ii) the immediate closure of the business in such place
of employment until no further danger or outbreak of disease exists in the
opinion of the Health Officer; and
(iii) medical examination of the employee and of his
associates.]
Section 114 - Investigation of diseases caused by milk or dairy produce
(1) If the Health Officer has reason to believe-
(a) that any person within the local area over which he
has jurisdiction is suffering from an infectious disease attributable to milk
or dairy produce supplied within such area, or
(b) that the consumption of any milk or dairy produce
supplied within such local area is like to cause any person therein to suffer
from an infectious disease, the Health Officer may require the person supplying
the milk or dairy produce to furnish within such time as may be fixed by the
Health Officer, a complete list of all dairies (whether situated within or
outside the limits of the local area) from which that person's supply of milk
or dairy produce is derived or has been derived during the six weeks
immediately preceding.
(2)
If
such supply or any part of such supply is obtained, not directly from a dairy
but through some other person, the Health Officer may make a similar
requisition upon such other person.
(3) Every person on whom any requisition is made under
sub-section (1) or sub-section (2) shall be bound to comply therewith.
Section 115 - Inspection of dairy by Health Officer
(1) the Health Officer may inspect any dairy referred
to in section 114 and the milch-cattle and the employees therein, and if, on
such inspection, the Health Officer is of opinion that any infectious disease
is caused, or is likely to be caused, by the consumption of the milk or dairy
produced supplied from such dairy, he may make an order prohibiting the supply
of any milk or dairy produce for human consumption from such dairy.
(2) An order made under sub-section (1) shall be
forthwith cancelled by the Health Officer on his being satisfied that the milk
supply has been changed, or that the employees objected to by him have ceased
to work at the dairy, or that the cause of infection has been removed.
(3) If an order made under sub-section (1) or cancelled
under sub-section (2) relates to a dairy situated outside the limits of the
local area, the Health Officer shall also inform the local authority within
whose jurisdiction the dairy is situated.
(4) When an order is made under sub-section (1) the
Health Officer may either-
(a) permit the milk or other produce of the dairy,
after being boiled or treated in such other manner as he may direct, to be sold
or used as animal food, subject to any reasonable restrictions he may impose,
or
(b) cause such milk or dairy produce to be destroyed.
(5) No person shall sell or supply any milk or dairy
produce in contravention of the provisions of this section.
Section 116 - Notification of fairs and festivals by Government
(1) The Government may, by notification-
(a) declare that any local area or part of a local area
in which a fair or festival is to be held shall, for the purposes of this
Chapter, be a notified fair or festival centre, for such period as may be
specified in the notification; and
(b) define the limits of the area which shall, for the
purposes aforesaid, be the site for the fair or festival.
(2) The provisions of this Chapter shall apply only to
fairs and festivals in connexion with which a notification under sub-section
(1) has been issued.
Section 117 - Levy of pilgrim tax on travellers by inland waterways
(1) The Government, or the local authority with the
approval of the Government, may, by notification, impose, during a period to be
specified in the notification, a tax on persons leaving by inland waterways a
notified fair or festival centre or any place within such distance therefrom as
may be specified in the notification.
(2) Every such notification shall specify the rates at
which the tax shall be levied:
Provided
that the tax shall not exceed four annas in the case of passengers leaving by
steam vessels, and two annas in the case of passengers leaving by other vessels
including ferry boats.
(3) The Government shall have power to make rules
regarding-
(a) the collection of the tax;
(b) the ascertainment of the expenses incurred in
collecting the tax;
(c) in case the tax is collected by any authority
(other than the local authority concerned) or any person, the payment of the
proceeds of the tax after deducting the expenses of collecting the same, to the
local authority;
(d) in the case referred to in clause (c), the returns
and the information to be furnished by the authority or person collecting the
tax to the local authority concerned, and the decision of disputes between the
authority or person aforesaid and such local authority; and
(e) the decision of disputes between two or more local
authorities.
Section 118 - Levy of tools on vehicles
(1) The Government, or the local authority with the
approval of the Government, may, by notification, levy tools on any vehicle
(other than a motor vehicle) or any animal entering a notified fair or festival
centre, for such period, at such rates, and subject to such exemptions, as may
be specified in the notification.
(2) the Government shall have power to make rules
regarding-
(a) the collection of tolls;
(b) the composition of the tolls payable by any person;
(c) the seizure, detention, and disposal of any vehicle
or animal in respect of which toll is not paid;
(d) the duty of the police to assist persons authorized
to collect tools, and the powers of the police in that behalf; and
(e) the penalties to be imposed in case of evasion of
tools or of resistance to the seizure and detention of any vehicle or animal in
respect of which toll is not paid.
Section 119 - Notice to be given of fair or festival
(1) The person or authority in charge of any fair or
festival shall, not less than sixty days before the commencement, intimate to
the executive authority or Health Officer of the local authority concerned, or
in case the fair or festival is to be held within the jurisdiction of more than
one local authority, to the executive authority or Health Officer of each of
the local authorities concerned, the date of commencement of such fair or
festival, and the period for which it will last.
(2) The person or authority in charge of the fair or
festival shall also furnish such other particulars relating to the fair or
festival as may be called for by the executive authority or Health Officer of
the local authority or any of the local authorities concerned.
Section 120 - Sanitary arrangements, etc.
The
local authority within whose jurisdiction a fair or festival is held, or if it
is held within the jurisdiction of two or more local authorities, any person or
committee appointed by such local authorities jointly, shall make provision
for-
(1) the demarcation and preparation of the site of the
fair or festival;
(2) the clearing and draining of the site;
(3) the disposition of the several parts of the fair or
festival, including the alignment of roads within the site;
(4) the supply in sufficient quantities of water fit
for drinking and cooking purposes for the use of persons resorting to the fair
or festival and the proper preservation of such water;
(5) the accommodation of pilgrims and visitors, to such
extent as may be practicable;
(6) the lighting of the fair or festival centre;
(7)
the
supply by suitable persons of wholesome food at reasonable rates, and in such
quantities as may be necessary, to persons resorting to the fair or festival
and the proper supervision and inspection of all food prepared or offered for
sale or stored or in course of transit within the fair or festival centre;
(8)
the
collection, removal and disposal of refuse, rubbish and sewage;
(9)
the
supply and maintenance of suitable latrines for the use of persons resorting to
the fair or festival;
(10)
the
detection and segregation of cases of infectious diseases and the prevention of
the introduction and spread of such diseases;
(11)
the
employment of adequate medical staff, the provision of medical relief, and the
furnishing of hospital accommodation both for general and isolation purposes;
and
(12) such other purposes as may be prescribed.
Section 121 - Health Officer to supervise the arrangements
The
Arrangements mentioned in section 120 shall be executed under the supervision
and control of the Health Officer concerned, or if the fair or festival is held
within the jurisdiction of more than one local authority, under the supervision
and control of the Health Officer of one of such local authorities designated
by the person or committee referred to in section 120, or in case no Health
Officer is so designated, under the supervision and control of the Health
Officers concerned with their respective local areas.
Section 122 - Power to enter and seize unwholesome food
(1) The Health Officer, or a Health or Sanitary
Inspector or the local authority or of any of the local authorities concerned,
or any officer of the Government or of any such local authority appointed by
the Government in this behalf may-
(a) enter and inspect any building or shop in fair or
festival centre, which is a source of food-supply;
(b) for the purpose of inspection, have access, to any
source of water-supply on such centre or within such distance therefrom as the
Government may, by general or special order, determine; and
(c) seize any food prepared or offered for sale or
stored or in course of transit within the fair or festival centre which he has
reason to believe, is unwholesome or unfit for human consumption, and destroy
the same forthwith if, in his opinion, such food is of a perishable nature or
the value thereof does not exceed three rupees.
(2) (a) Any officer seizing any food under clause (c)
of subsection (1) shall, it is not destroyed under that clause, report the
seizure to such authority or person as may be prescribed in that behalf.
(b) If the authority or person aforesaid is of
opinion that the food is unwholesome or unlit for human consumption, such
authority or person may, by order in writing, direct the food to be destroyed;
and any expenses incurred in this behalf (including the cost, if any, of
analysing the food or a sample thereof) shall be recoverable from the person
from whom the food was seized, as if it were a tax due from him to the local
authority or any of the local authorities concerned.
(c) If the authority or person aforesaid is of
opinion that such food is wholesome and fit for human consumption, the food
shall be returned to the person from whom it was seized; and the cost, if any,
of analysing the food or a sample thereof shall be borne by the local authority
or local authorities concerned.
Section 123 - Occupation of building, etc., required in connection with fair or festival
(1) The local authority may, in cases of emergency,
with the sanction of the District Collector, depute any person to enter upon
occupy and use, without having recourse to the provisions of the Land
Acquisition Act, 1894, any land or any building not being a dwelling-house in
the notified fair or festival centre which in the opinion of the Health
Officer, is required and is suitable for any purposes connected with the fair
or festival, such as the construction of pilgrim-sheds, water sheds, hospitals,
segregation sheds, latrines, and the like:
Provided
that if the land or building is occupied, notice shall be given in writing to
the occupant or be conspicuously affixed on such land or building not less than
twenty-four hours before it is entered upon.
(2)
The
owner or lessee of such land or building shall be entitled to compensation for
any damage or expenses incurred, and to a reasonable rent for the period during
which it had been 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 local authority shall, when any such land or
building ceases to be occupied or used for any of the purposes aforesaid, cause
it to be thoroughly disinfected and cleansed.
Section 124 - Control over private sources of water-supply
(1) The Health Officer may, by notice in writing,
require the owner of, or other person having control over, any source of
situated on the fair or festival site, or within such distance there from as
the Government may by general or special order determine, to close or disinfect
such source within a specified time if, in the opinion of the Health Officer,
it is likely to endanger or cause the spread of disease amongst persons
resorting to the fair or festival.
(2) If the owner or person aforesaid fails or neglects
to comply with any notice issued under sub-section (1) within the time
specified therein, the Health Officer may himself take the necessary action;
and the whole of the expenses incurred in doing so or such part thereof as the
Health Officer may determine to be reasonable, shall be recovered from such
owner or person as if it were a tax due from him to the local authority or any
of the local authorities concerned.
Section 125 - Licensing of houses to accommodate visitors to fair or festival
(1) The owner or occupier of a house, not being a
lodging house registered under Chapter XI, situated in any notified fair or
festival centre shall not, for purposes of gain accommodate in the house
visitors to the fair or festival, without obtaining a licence in that behalf
from the executive authority or the Health Officer of the local authority or
any of the local authorities concerned.
This provision shall not apply to tenancies from
month to month or for a period exceeding one month.
(2)
Every
application for a licence under sub-section (1) shall be in writing, shall
contain such information as may be required by the authority to whom it is
addressed, and shall be accompanied by such fee as may be prescribed for the
grant of the licence.
(3) (a) If it appears to the executive authority or the
Health Officer, as the case may be, that the house is suitable for
accommodating visitors to the fair or festival, he may issue a licence, in the
prescribed form and subject to the prescribed conditions for the accommodation
in the house of such number of visitors as may, in his opinion, be conveniently
received therein, having regard to the number of persons resident in the house,
whether as members of the family or as servants of the owner or occupier.
(b) The licence shall also specify-
(i)
the
maximum number of persons (residents and visitors) who may be accommodated in
the house at any one time; and
(ii)
the
date until which it shall remain in force.
(4) If the authority granting the licence is satisfied
that the licensed house has, subsequent to the grant of the licence, become
unfit for the accommodation of visitors, or if the licensee is convicted of any
offence punishable under this Chapter, such authority may revoke the licence
or, at his discretion, may suspend the licence for such period or until the
fulfillment of such condition, as he may specify.
Section 125A - Extension of provisions of Chapter to certain areas
The
Government may, by notification and subject to such modifications, if any, as
may be specified therein, extend all or any of the foregoing provisions of this
Chapter or any other provision in this Act connected therewith, to any local
area or part of local area in which a large number of persons attending a fair
or festival held in a notified fair or festival centre halt, or are expected to
halt, on their way to, or return from, such centre.
Section 126 - Manner of spending proceeds of taxes and tolls levied in respect of fairs and festivals
If
in respect of any fair or festival, any tax or toll is levied under section 117
or section 118 of this Act, or under section 116 of the Tamil Nadu District
Municipalities Act, 1920 or section 110 of the Tamil Nadu District Boards Act,
1920, the local authority shall have power to spend the proceeds thereof in
connexion with the fair or festival or for the benefit generally of the local
area concerned, in such manner as the Government may, by general or special
order, authorize.
Section 127 - Earmarking of revenue by local authorities for expenditure on public health
(1) Every municipality shall earmark not less than 39
per cent of its income from all sources other than Government grants, for
expenditure on the advancement of public health in its local area, including
expenditure on medical relief, and every Panchayat Union Council having
jurisdiction or panchayat shall similarly earmark not less than 12 1/2 percent
of its income from such sources:
Provided
that the Government may, for financial or other reasons, vary the provisions of
this sub-section to such extent as they may think fit in the case of any
municipality or district board or any panchayat or class of panchayats.
(2) (a) The Government may, by notification, authorize
any local authority or class of local authorities to incur expenditure on any
public health purpose specified in the notification, notwithstanding anything
contained in the Act under which such local authority or authorities have been
constituted.
(b) Any expenditure incurred by a local authority,
which is authorized by clause (a) shall be taken into account for the purposes
of sub-section (1).
Section 128 - Power of Government to make rules
(1) The Government shall, in addition to the
rule-making powers conferred on them by any other provision contained in this
Act, have power to make rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the
generality of the power conferred by sub-section (1), the Government may make
rules-
(a) with reference to all matters expressly required,
or allowed, by this Act to be prescribed; and
(b) regulating the situations in which sanitary
conveniences for the use of the public shall be constructed by a local
authority, and the number of such sanitary conveniences.
Section 129 - Penalty for breach of rules
(1) In making a rule under section 81 [6][or
section 107-C], the Government may provide that a breach of such rule shall be
punishable with imprisonment which may extend to three months or with fine or
with both.
(2) In making a rule under any other provision
contained in this Act, the Government may provide that a breach of such rule
shall be punishable-
(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.
Section 130 - 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
Official 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 Official Gazette and upon such publication shall have effect as if enacted
in this Act.
Section 131 - By-laws by local authorities
Any
local authority may make by-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.
Section 132 - Breach of by-laws
In
making a by-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.
Section 133 - Procedure for making or altering by-laws
In
regard to by-laws made by a local authority under section 131 and 132, the
following provisions shall apply namely:-
(a) in case the local authority in the Corporation of
Madras, sections 352, 353, 354 and 356 of the Madras City Municipal Act, 1919.
(b) in case the local authority is a municipality
constituted under the Tamil Nadu District Municipalities Act, 1920, section
309, 310 and 311 of that Act;
(c) in case the local authority is a local board
constituted under the Tamil Nadu District Boards Act, 1920, section 204, 205
and 205-A of that Act;
(d) in case the local authority is a panchayat
constituted under the Tamil Nadu Panchayats Act, 1994, section 114 of that Act.
Section 134 - Penalties for offences against Act, etc.
(1) Whoever-
(a) contravenes any or the provisions or this Act
specified in the first and 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 extent 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
(c) failing 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.
Continues to contravene the said provision or the
said rule or order, or continues to fail to comply with the said direction or
requisition, shall be punished for each day after the previous date of
conviction during which he continues so to offend, with fine which may extend
to the amount mentioned in that behalf in the fourth column of the said
schedule.
Explanation.- The entries in the third column of
Schedules I and II headed "Subject" are not intended as definitions
of the offences described in the provisions specified in the first and second
columns thereof, or even as abstracts of those provisions, but are inserted
merely as references to the subject dealt with therein.
Section 135 - Penalty for preventing of executive authority of Health Officer
Every
person who prevents the executive authority or the Health Officer or any person
to whom the executive authority or the Health Officer has lawfully delegated
his powers of entering on or into any land or building, from exercising his
lawful power or entering thereon or thereinto, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may
extend to five hundred rupees, or with both.
Section 136 - Appeal against decisions of Health Officer
Any
decision of the Health Officer against which an appeal is not otherwise
provided for in this Act shall be subject to such appeal as may be prescribed.
Section 137 - Method of serving notice
(1) When any notice is required to be given by this Act
or by any rule, by-law, regulation or order made under it, such notice shall be
given-
(a) by giving or tendering the notice to such person;
or.
(b) if such person is not found, by leaving such notice
at his last known place of abode or business or by giving tendering the same to
some adult member or servant of his family; or
(c) if such person does not reside in the local area
and his address elsewhere is known to the executive authority, by sending the
same to him by post, registered; or
(d) if none of the means aforesaid be available, by
affixing the same in some conspicuous part of such place of abode or business.
(2) When the person is an owner or occupier of any
building or land, it shall not be necessary to name the owner or occupier in
the notice, and in the case of joint owners and occupiers it shall be
sufficient to service it on, or send it to one of such owners or occupiers.
Section 138 - Cognizance of offences against the Act
No
person shall be tried for any offence against, the provisions of this Act, or
of any rule, or by-law made under it, unless complaint is made within three
months of the commission of the offence, by the police, or the executive
authority or the Health Officer, or by a person expressly authorized in this
behalf by the local authority, the executive authority or the Health Officer:
Provided
that nothing contained in this section shall affect the provisions of the Code
of Criminal Procedure, 1973, in regard to the power of certain Magistrates to
take cognizance of offences upon information received or upon their own
knowledge or suspicion.
Section 138A - Power to compound offences
[7] [The executive authority or the Health Officer may
compound any offence against this Act or the rules or by-law made thereunder
which may, by rules made by the Government, be declared compoundable.
The
power to compound any offence so declared may also be exercised by such other
authority or person as may be authorized in that behalf by rules made by the
Government.]
Section 139 - 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 by-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.
Section 140 - 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 a Health or Sanitary Inspector, who sees a person committing any of the
offences specified in sub-section (2) in the area over which the local
authority 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. Any person so arrested
shall be handed over to the officer-incharge of the nearest police station as
expeditiously as possible.
(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 by-law made thereunder; and
(b) Offences falling under any of the provisions of the
Act mentioned below, if such provisions are in force in the area over which the
local authority has jurisdiction-
(i) Chapter VII to XIII, both inclusive, of the Madras
City Municipal Corporation, Act, 1919, read with section 357 of that Act and
Schedules VII and VIII thereto;
(ii) Chapter VII to XIII, both inclusive of the Tamil
Nadu District Municipalities Act, 1920, read with section 313 of that Act and
Schedules VII and VIII thereto;
(iii) Chapter VIII to XI, both inclusive of the Tamil
Nadu District Boards Act, 1920, read with section 207 of that Act and Schedules
VIII and IX thereto;
(iv) (iii-a) sections 79, 81, 82, 84, 85, 87, 88, 90 to
92 and 123 of the Tamil Nadu Panchayats Act, 1994 read with section 115 of that
Act and Schedules I and II thereto;
(v) sections 53 and 73 of the Madras City Police Act,
1888;
(vi) Clauses (9) and (11) of section 3 and sections 4
and 10 of the Towns Nuisances Act, 1889; and
(vii) section 5 of the Madras Prevention of Adulteration
Act, 1918.
Section 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 a Magistrate.
Section 142 - 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 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 under this Act.
Section 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.
Section 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 anyone or
more of the powers vested 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.
Section 144 - Act to override other enactments
If
any provision relating to public health contained in any other enactment in
force in the State of Tamil Nadu 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.
Section 145 - Power to remove difficulties
If
any difficulty arises in giving effect to the provisions of this Act, the
Government, as occassion may require, may, by order, do anything which appears
to them necessary for the purpose of removing the difficulty.
Schedule I - SCHEDULE I
SCHEDULE I
Ordinary Penalties
[See section 134
(1).]
|
Section |
Subsection
or clause. |
Subject. |
Fine which
may be imposed. |
|
24 |
(1) |
Failure of
the owner or other person having control to obey or comply with the
directions contained in a notice requiring to keep any well etc.. in good
repair, to cleanse it, or protect, etc. |
Fifty
rupees |
|
26 |
|
Owner of
new welling house occupying or permitting its occupation without a supply of
wholesome water. |
Fifty
rupees |
|
28 |
(1) |
Failure to
comply with notice to provide efficient drainage. |
Fifty
rupees |
|
29 |
.. |
Failure to
comply with notice requiring to connect a house-drain with an outside drain. |
Fifty
rupees |
|
30 |
|
Failure on
the part of the owner of land to comply with notice requiring a drain for a
hut on the land |
One
hundred rupees |
|
31 |
... |
Failure to
comply with notice for paving or raising the level of any courtyard, etc. |
Fifty
rupees |
|
32 |
(1) |
Unlawful
construction of cesspool or construction of cesspool on unapproved site. |
Fifty
rupees |
|
|
(2) |
Failure to
comply with notice requiring removal or closure of cesspool. |
Fifty
rupees |
|
33 |
... |
Occupying
or permitting occupation of new building without drain. |
One
hundred rupees |
|
34 |
.. |
Letting
out sullage or sewage into a street, etc. |
Fifty
rupees |
|
35 |
.. |
Discharging
injurious refuse, etc., into a drain. |
One
hundred rupees |
|
36 |
.. |
Polluting
water-course .. .. |
One
hundred rupees |
|
38 |
|
Constructing
or reconstructing a building intended for human habitation without a sanitary
convenience. |
Fifty
rupees |
|
39 |
... |
Failure to
comply with notice regarding provision of sanitary conveniences or latrines. |
Fifty
rupees |
|
40 |
(1) |
Failure to
construct and maintain latrines in the prescribed manner. |
Fifty
rupees |
|
|
(2) |
Failure to
comply with notice regarding removal or improvement of latrines. |
Fifty rupees |
|
|
(3) |
Causing
injury to latrines...... |
Fifty
rupees |
|
44 |
... |
Failure to
comply with notice to abate nuisance. |
Fifty
rupees |
|
46 |
.. |
Failure to
comply with Magistrate's order prohibiting the use of a house or building. |
One
hundred rupees |
|
51 |
(1) |
Depositing
filth, rubbish, etc., in streets. |
Twenty-five
rupees |
|
|
(2) |
Easing or
permitting a member of the family to ease in a street, etc. |
Twenty
five rupees |
|
|
(3) |
Failure to
cover excreta with earth |
Five
rupees. |
|
56 |
|
Failure to
give information regarding existence of certain infectious diseases. |
Five
rupees |
|
57 |
(2) |
Failure to
comply with notice prohibiting the use of unwholesome water. |
One
hundred rupees. |
|
59 |
.. |
Exposing
other persons to infection.... |
Twenty-five
rupees |
|
60 |
(a) |
Infected
persons carrying on trade in articles of food. |
Fifty
rupees. |
|
|
(b) |
Infected
persons engaging in other occupations without permit. |
Fifty
rupees. |
|
64 |
.. |
Failure to
give information of notified diseases, |
Ten rupees |
|
67 |
.. |
Failure to
close lodging houses, etc |
One
hundred rupees |
|
68 |
|
Sending
infected clothes to a laundry or disposing infected articles in a receptacle
for refuse matter. |
Fifty
rupees. |
|
69 |
(1),(2)
(3)&(5) |
Using or
permitting use of public conveyance by an infected person. |
Fifty
rupees. |
|
70 |
.. |
Letting or
sub-letting of infected building without a permit. |
Fifty
rupees. |
|
71 |
.. |
Exposing
other persons to |
Fifty
rupees. |
|
72 |
(1) |
Failure to
comply with notice forbidding work in infected premises. |
Fifty
rupees. |
|
73 |
.. |
Use of
books from public libraries by infected persons, etc. |
Fifty
rupees |
|
74 |
(1),(2),
(4)&(5) |
Delay in
disposing of dead body of an infected person or allowing others unnecessarily
to come in to contact with it, etc., |
Fifty
rupees |
|
75 |
.. |
Failure to
comply with order Prohibiting assemblages of more than 50 persons |
One
hundred rupees |
|
76 |
(2) |
Failure to
comply with any order or direction issued by the Collector or other officer. |
One
hundred rupees |
|
77 |
(1) |
Failure to
take steps for the destruction of rats, mice, etc. |
Twenty
rupees. |
|
|
(2) |
Failure to
comply with the notice for the destruction of rats, mice, etc. |
Fifty
rupees |
|
79 |
|
Failure to
give instructions to the person having venereal disease and failure to
furnish the required information. |
Twenty
rupees. |
|
84 |
(1) |
Failure to
comply with notice requiring steps to be taken against breeding of
mosquitoes. |
Fifty
rupees. |
|
86 |
.. |
Permitting
the deterioration of works relating to prevention of the breeding of
mosquitoes. |
Two
hundred rupees. |
|
87 |
(1) |
Injuring
or destroying anti-mosquito works |
Five
hundred rupees. |
|
92 |
(a) |
Construction
of factories, workshops, etc.. in residential areas. |
One
thousand rupees |
|
|
(b) |
Failure of
factories, workshops, etc.. to comply with restrictions imposed. |
Five
hundred rupees |
|
94 |
.. |
Illegal
erection of building on insanitary ground. |
Two
hundred rupees |
|
96 |
(2)&(3) |
Failure to
cease to inhabit a dwelling house declared unfit for human habitation or
permitting it to be let or occupied as a dwelling house. |
Two
hundred rupees |
|
97 |
.. |
Omitted |
|
|
99 |
(a) |
Failure to
maintain a tenement in a habitable Condition |
Fifty
rupees |
|
|
(b) |
Causing or
permitting a tenement to be over-crowded. |
Fifty
rupees |
|
101 |
.. |
Keeping a
lodging house or receiving a lodger without registration |
One
hundred rupees |
|
106 |
(1) |
|
Ten rupees |
|
|
(2) |
Refusal to
allow free access to the executive authority, etc.. to all parts of the
lodging house. |
One
hundred rupees. |
|
[8] [107-A |
|
Keeping
any eating, drinking or catering establishment, hotel, tea-shop,
coffee-house, cafe, restaurant, refreshment room, mobile canteen, itinerant
stall, etc. without licence. |
One hundred
rupees] |
|
108 |
(1) |
Selling
etc., unsound meat or food .. .. .. |
One
hundred rupees |
|
109 |
.. |
Selling,
etc., unsound meat or food through others. |
One
hundred rupees |
|
110 |
.. |
Consuming
the flesh of any animal which has died of natural causes. |
One hundred
rupees |
|
111 |
(1) |
Unlawfully
importing meat from outside the local area. |
One
hundred rupees |
|
113 |
(2) |
Infected
person carrying on trade, etc., in articles of food. |
One
hundred rupees |
|
114 |
.. |
Failure to
furnish information regarding the sources of supply of milk or dairy produce. |
Fifty
rupees |
|
115 |
(5) |
Failure to
comply with the order prohibiting the supply of milk or dairy produce. |
Two
hundred rupees |
|
119 |
|
Failure to
inform the proper authority about the date and other particulars regarding
fair or festival. |
Fifty
rupees |
|
124 |
.. |
Failure to
comply with notice to close or disinfect source of water-supply. |
One
hundred rupees |
|
125 |
1&3 |
Accommodating
visitors without licence, or infringing conditions of licence. |
Fifty
rupees |
|
|
|
|
|
Schedule II - SCHEDULE II
SCHEDULE II
Penalties for
continuing Breaches,
[See section
134 (2).]
|
Section |
Sub-section
or clause |
Subject |
Fine which
may be imposed. |
|
|
24 |
(1) |
Failure of
the owner or other person having control to obey or comply with the directions
contained in the notice requiring to keep any well, etc., in good repair, to
cleanse it or protect etc. |
Ten Rupees |
|
|
26 |
|
Continuing
to occupy a dwelling house or to permit its occupation without a supply of
wholesome water. |
Ten Rupees |
|
|
28 |
(1) |
Failure to
comply with notice to provide efficient drainage. |
Ten Rupees |
|
|
29 |
.. |
Failure to
comply with notice requiring to connect a house-drain with an outside drain. |
Ten Rupees |
|
|
30 |
|
Failure on
the part of the owner of land to comply with notice requiring a drain for a
hut on the land. |
Twenty
rupees |
|
|
31 |
.. |
Failure to
comply with notice for paving or raising the level of any court-yard, etc. |
Ten
rupees. |
|
|
32 |
(2) |
Failure to
comply with notice requiring removal or closure of cesspool. |
Ten rupees |
|
|
34 |
.. |
Letting
out sullage or sewage into a street, etc. |
Ten rupees |
|
|
35 |
.. |
Discharging
injurious refuse, etc., into drain. |
Twenty
rupees |
|
|
36 |
|
Polluting
water course...... |
Ten rupees |
|
|
38 |
|
Constructing
or reconstructing a building intended for human habitation without a sanitary
convenience. |
Ten
rupees. |
|
|
39 |
|
Failure to
comply with notice regarding provision of sanitary conveniences or latrines. |
Ten rupees |
|
|
40 |
(2) |
Failure to
comply with notice requiring removal or improvement of latrines. |
Ten rupees |
|
|
44 |
.. |
Failure to
comply with notice to abate nuisance. |
Ten rupees |
|
|
46 |
.. |
Failure to
comply with Magistrate's order prohibiting use of a house or building. |
Twenty
rupees |
|
|
57 |
(2) |
Failure to
comply with notice prohibiting the use of unwholesome water. |
Twenty
rupees |
|
|
59 |
.. |
Exposing
other persons to infection...... |
Five
rupees |
|
|
60 |
(a) |
Infected
persons carrying on trade in articles of food. |
Ten rupees |
|
|
|
(b) |
Infected
persons engaging in other occupations without permit. |
Ten rupees |
|
|
67 |
.. |
Failure to
close lodging houses, etc..... |
Twenty
rupees |
|
|
71 |
|
Exposing
other persons to infection...... |
Ten rupees |
|
|
72 |
(1) |
Failure to
comply with notice forbidding work in infected premises. |
Ten rupees |
|
|
76 |
(2) |
Failure to
comply with any order or direction issued by the Collector or other officer. |
One
hundred rupees |
|
|
77 |
(1) |
Failure to
take steps for the destruction of rats, mice, etc. |
Five
rupees |
|
|
|
(2) |
Failure to
comply with notice for the destruction of rats, mice. etc. |
Five
rupees |
|
|
84 |
(1) |
Failure to
comply with notice requiring steps to be taken against the breeding of
mosquitoes. |
Ten rupees |
|
|
92 |
(a) |
Construction
of factories, workshops, etc., in residential areas. |
Two
hundred rupees |
|
|
|
(b) |
Failure of
factories, workshops, etc., to comply with restrictions imposed- |
One
hundred rupees |
|
|
96 |
2&3 |
Failure to
cease to inhabit a dwelling house declared unfit for human habitation or
permitting it to be let or occupied as a dwelling house. |
Fifty
rupees |
|
|
97 |
.. |
Omitted |
|
|
|
99 |
(a) |
Failure to
maintain a tenement in a habitable condition. |
Twenty
rupees |
|
|
|
(b) |
Causing or
permitting a tenement to be over crowded. |
Twenty
rupees |
|
|
101 |
.. |
Keeping a
lodging house or receiving a lodger without registration. |
Fifty
rupees |
|
|
Section |
Subsection
or clause. |
Subject. |
Fine which
may be imposed. |
|
|
106 |
(1) (2) |
Failure to
affix notice......Refusal to allow free access to the executive authority,
etc., to all parts of the lodging house. |
Five
rupees Fifty rupees |
|
|
[9][107-A |
.. |
Keeping
any eating, drinking are catering establishment, hotel, tea-shop,
coffee-house, cafe, restaurant, refreshment room, mobile canteen, itinerant
stall, etc., without licence |
Twenty
rupees] |
|
|
108 |
(1) |
Selling,
etc.. unsound meat or food. |
Twenty
rupees |
|
|
109 |
.. |
Selling,
etc., unsound meat or food through others. |
Twenty
rupees |
|
|
113 |
(2) |
Infected
person carrying on trade, etc., in articles of food. |
Twenty
rupees |
|
|
115 |
(5) |
Failure to
comply with the order prohibiting the supply of milk or dairy produce. |
Fifty rupees |
|
|
124 |
.. |
Failure to
comply with notice to close or disinfect source of water-supply. |
Twenty-five
rupees |
|
|
125 |
1&3 |
Accommodating
visitors without licence or infringing conditions of licence. |
Twenty
rupees |
|
[1] Sections 107-A, 107-B and 107-C were
inserted by section 2 of the Tamil Nadu Public Health (Amendment) Act, 1959
(Tamil Nadu Act 8 of 1959)
[2] Section 112 was renumbered as
sub-section (1) of that section by clause (a) of section 3 of the Tamil Nadu
Public Health (Amendment) Act, 1959 (Tamil Nadu Act 8 of 1959).
[3] These words were inserted by ibid.
[4] Section 112-A was inserted by section 4
ibid.
[5] This sub-section was substituted for
the original sub-section (2) by section 5 of the Tamil Nadu Public Health
(Amendment) Act, 1959 (Tamil Nadu Act 8 of 1959).
[6] These words, figures and letter were
inserted by section 6 of the Tamil Nadu Public Health (Amendment) Act, 1959
(Tamil Nadu Act 8 of 1959).
[7] Section 13 8-A was inserted by section
14 of the Madras Public Health (Amendment) Act, 1941 (Madras Act XIX of 1941),
re-enacted permanently by section 2 (1) of and the First Schedule to the Tamil
Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).
[8] This item was inserted by section 6-A
(1) of the Tamil Nadu Public Health (Amendment) Act, 1959 (Tamil Nadu Act 8 of
1959)
[9] This entry was inserted by sub-section
(2) of section 6-A of the Tamil Nadu Public Health (Amendment) Act, 1959 (Tamil
Nadu Act 8 of 1959)