Tamil Nadu act 003 of 1939 : Tamil Nadu Public Health Act, 1939

GOVERNMENT OF TAMIL NADU 1993

(Printed under the authority of the Governor of Tamil Nadu by the Director of Stationery and Printing, Madras)

GOVERNMENT OF TAMIL NADU

LAW DEPARTMENT.

THE TAMIL NADU PUBLIC HEALTH ACT, 1939.

(TAMIL NADU ACT III OF 1939.)

(As modified up to the 30^th November 1993) [Received the assent of the Governor on the 28^thFebruary 1939, first published in the Fort St. George Gazettee on the 7^thMarch 1939.]

REFERENCES TO PAPERS CONNECTED WITH THE PRINCIPAL

ACT, AND THE AMENDING ACTS.

1. The Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of

1939).

[For Statement of Objects and Reasons, see Part IV of the Fort St. George Gazette Extraordinary, dated 10^thNovember 1938, pages 75-85; for proceedings in Assembly, see the Tamil Nadu Legislative Assembly Debates, dated 28^thNovember 1938, Volume VIII, No.1, pages 98-145; ibid, dated 9^th December 1938, Volume VIII, No.8, pages 751-769; for Report of Select Committee, see Part IV of the Fort St. George Gazette, dated 20^thDecember 1938, pages 219-303; for proceedings in Assembly, see the Tamil Nadu Legislative Assembly Debates, dated 12^thDecember 1938, Volume VIII, No.9, pages 831 - 882; ibid, dated 17^thJanuary 1939, Volume IX, No.1, pages 72-144; ibid, dated 18^thJanuary 1939, Volume IX, No.2, pages 171- 227; ibid, dated 19^thJanuary 1939, Volume IX, No.3, Pages 250-293; for proceedings in Council, see the Tamil Nadu Legislative Council Debates, dated 28^thJanuary 1939, Volume VI, No.2, pages 81-97 and 107-182; ibid, dated 30^thJanuary 1939, Volume VI, No.3, pages 194-226; for Act, see Part IV of the Fort St. George Gazette, dated 7^thMarch 1939; pages 81-156].

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2. The Tamil Nadu Public Health (Amendment) Act, 1941 (Tamil Nadu Act XIX of 1941).

[For Statement of Objects and Reasons, see Part IV-A of the Fort St. George Gazette, dated 6^thMay 1941, page 20, for Act, see Part IV-B of the Fort St. George Gazette, dated 14^thOctober 1941, pages 61-70. Temporarily re-enacted for a period of one year, i.e., upto and inclusive of 29^thApril 1949 by the third Schedule to the Tamil Nadu Re-enacting (No.II) Act, 1948 (Tamil Nadu Act VIII of 1948), see Part IV-B of the Fort St.George Gazette Extraordinary, dated 28^thApril 1948, pages 93-102].

3. The Tamil Nadu Public Health (Amendment) Act, 1944 (Tamil Nadu Act IV of 1944).

[Lapsed-See the Schedule to the Tamil Nadu Lapsed Acts (Removal of Doubts) Act, 1948 (Tamil Nadu Act V of 1948), in Part IV-B of the Fort St. George Gazette, dated 27^thApril 1948, pages 71-72].

4. The Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949). [For Statement of Objects and Reasons, see Part IV-A of the Fort St. George Gazette, Extraordinary, dated the 30^thMarch 1949, pages 231-234; for proceedings in Assembly see Tamil Nadu Legislative Assembly Debates, Volume XIX, No.8, dated 18^thApril 1949, pages 658-673; volume XIX, No.10, dated 20^thApril 1949, pages 865 -866; Volume XIX, No.11, dated the 22^ndApril 1949, pages 981-997; for Report of Joint Select Committee, See Appendix XII of Tamil Nadu Legislative Assembly Debates, Volume XIX, No.1, dated the 22^ndApril 1949, pages 1009-2012; for proceedings in Council see Tamil Nadu Legislative Council Debates, Volume XX, No.11, dated 20^thApril 1949, pages 694-705; Volume XX, No.12, dated 22^ndApril 1949, pages 759-761 and 811-813; for Act see Part IV-B of the Fort St.George Gazette, Extraordinary, dated 30^thApril 1949, pages 107-109].

5. The Adaptation of Laws Order, 1950. [Fort St.George Gazette, Part III-B, dated 14^thFebruary 1950, pages, 339-469].

6. The Adaptation of Laws (Amendment)Order, 1950. [Fort St. George Gazette, Part III-B, dated 4^thJuly 1950, pages 937-980].

7. The Tamil Nadu Village Panchayats Act, 1950(Tamil Nadu Act X of

1950).

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[For Statement of Objects and Reasons, see Part IV-A of the Fort St. George Gazette, dated the 7^thJune 1940, pages 249 to 326; for proceedings in Assembly, see Tamil Nadu Legislative Assembly Debates, Volume XII of 1949, pages 331 to 338, 428 to 476, 581 to 612, 676 to 682, 697 to 720, 752 to 794 and 820 to 854, Volume 1 of 1950, pages 164 and 165 and Volume II of 1950, pages 961 to 964; for proceedings in Council, see Tamil Nadu Legislative Council Debates, Volume XXI of 1949, pages 190 to 196, 211, 216 to 220; and for Act, see Part IV-B of the Fort St. George Gazette, dated the 1^stAugust 1950, pages 89 to 168].

8. The Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).

[For Statement of Objects and Reasons, See Fort St. George Gazette, Part IV-A dated the 1^stAugust 1950, pages 333-338; for proceedings in Assembly, see the Tamil Nadu Legislative Assembly Debates, dated the 6^th September 1950 and 2^ndApril 1951, Volumes Nos. IV and X, pages 26-33 and 706-708, respectively, for proceedings in Council, see Tamil Nadu Legislative Council Debates, dated the 31^stAugust 1950, Volume II, No.4, pages 290-293; for Act, see Fort St. George Gazette, Part IV-B, dated the 22^ndMay 1951, pages 133-146].

9. The Tamil Nadu Public Health (Amendment) Act, 1958 (Tamil Nadu Act XXVIII of 1958).

[For Statement of Objects and Reasons, see Fort St. George Gazette, Part IV-A dated the 20^thAugust 1958, page 218; and for Act, see Fort St. George Gazette, Part IV-B, dated the 29^thOctober 1958, page 157].

10. The Tamil Nadu Public Health (Amendment) Act, 1959 (Tamil Nadu Act VIII of 1959).

[For Statement of Objects and Reasons, see Fort St. George Gazette, Part IV-A dated the 7^thJanuary 1959, page 5, and for Act, see Fort St. George Gazette, Part IV-B, dated the 22^ndJuly 1959, pages 219-223].

11. The Tamil Nadu (Transferred Territory) Extension of Laws Act,1965 (Tamil Nadu Act 22 of 1965).

[For Statement of Objects and Reasons, see Fort St. George Gazette, - (Extraordinary), Part IV-Section 3, dated the 19^thJuly 1965, page 64 for Act, See Fort St. George Gazette, Part IV-Section4, dated the 10^thNovember

1965].

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12. The Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

13. The Tamil Nadu Adaptation of Laws Order, 1970.

14. The Tamil Nadu Public Health (Amendment) Act, 1990 (Tamil Nadu Act 25 of 1990).

[For Statement of Objects and Reasons, see Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 3^rdMay 1990, pages 67-68; for Act, see Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 24^thMay 1990, pages 81-82].

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ARRANGEMENT OF SECTIONS

SECTIONS SECTIONS

CHAPTER I CHAPTER II-cont.

PRELIMINARY CONTROLLING AUTHORITIES

Preamble AND THEIR POWERS - cont.

1. Short title and extent Public Health Establishments of Local Authorities - cont.

2. Commencement

9. Appointment of the Health

3. Definitions Officer

CHAPTER II 10. Appointment of temporary CONTROLLING AUTHORITIES AND Health Officers in emergencies.

THEIR POWERS

11. Delegation of powers of Health Public Health Board Officer

4. Constitution of the Public Health 12. Appointment of persons to carry Board out the provisions of this Act

5. Functions of the Public Health 13. Powers of Director of Public Board Health over Public Health staff

Powers of the Government and of of local authorities the Director of Public Health 14. Executive authority's or Health

6. Powers of the Government and of Officer's control over public the Director of Public Health and health staff. his staff. 15. Local authority to provide

6A. Power of Government to direct adequate facilities to the Health performance by district board of Officer.

any function devolving on 16. Authorization of Health Officer panchayats. to perform the functions of

7. Powers of the Director of Public executive authority in public Health to advise local authorities. health matters. Public Health Establishments of CHAPTER III

Local Authorities WATER SUPPLY

8. Public Health staff in local areas. 17. Local authority to provide 8A.Special provision in respect of potable water. persons holding posts in the

18. Power of Government to direct public health establishment in the local authority to execute transferred territory.

water-works.

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SECTIONS SECTIONS

CHAPTER III - cont. CHAPTER IV- cont. WATER SUPPLY - cont. DRAINAGE - cont.

19. Power of Government to divert water from water-main belonging 32. Construction and closure of to a local authority. cesspools.

20. Power of Collector in regard to 33. Prohibition of occupation of new water supply. building without drains.

21. Power of Director of Public Health 34. Sullage or sewage not to be let out to direct local authority to into streets.

improve water supply 35. Injurious refuse not to be

22. Railway administrations to submit discharged into public drain. samples of drinking water for 36. Pollution of water-courses analysis. prohibited.

23. Rules for the protection and

CHAPTER V

periodical examination of water supply. SANITARY CONVENIENCES

24. Health Officer's powers in regard to unsanitary sources.. 37. Obligation of local authority to provide public sanitary

conveniences.

25. Levy of water-tax and earmarking the proceeds for water-works. 38. New houses to be provided with sanitary conveniences.

26. New house not to be occupied without adequate water-supply. 39. Additional sanitary conveniences.

40. Mode of construction of latrines.

CHAPTER IV

CHAPTER VI

DRAINAGE

ABATEMENT OF NUISANCES

27. Local authority to maintain public drains. 41. Certain things to be nuisances.

28. Power of Health Officer to require 42. Detection of nuisance. drains to be constructed.

43. Information regarding nuisance.

29. Drains in private streets.

44. Power of Health Officer to abate

30. Drainage for huts. nuisance.

31. Drainage of Court-yard, alley, 45. Power of local authority to abate passage etc. nuisance.

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SECTIONS SECTIONS

CHAPTER VI - cont. CHAPTER VII-cont. ABATEMENT OF NUISANCES-cont. PREVENTION, NOTIFICATIONS AND TREATMENT OF DISEASES-cont.

46. Provision regarding house rendered unfit for occupation by reason of Part I-cont. nuisance.

59. Prohibition of the exposure of other

47. Disposal of articles removed while persons to infection. abating nuisance.

60. Infected persons not to engage in

48. Powers of entry and inspection. certain trades and occupations.

49. Power of Government in case of 61. Prevention of infectious diseases default by local authority. transmissible from animals.

50. Nuisance caused by act or omission Part II outside local area.

51. Prohibition of the deposit of Notified Infectious Diseases rubbish etc. in street, etc.

62. Notified diseases.

CHAPTER VII 63. Occupation of houses to prevent the spread of infection.

PREVENTION, NOTIFICATION AND

TREATMENT OF DISEASES 64. Information regarding notified disease.

Part I.

65. Power of entry of local officers to Infectious Diseases in General take preventive measures.

66. Destruction of hut or shed to

52. Infectious diseases. prevent spread of infection.

53. Appointment of additional health 67. Closure of lodging houses. staff

68. Infected clothes not to be sent to

54. Provision and maintenance of laundry. isolation hospitals and wards.

69. Infected persons not to use public

55. Provision of ambulances etc. conveyance.

56. Medical practitioners to give 70. Letting or sub-letting a building information of certain infectious occupied by an infected person. diseases.

71. Prohibition of the exposure of other

57. Prohibition of the use of water from persons to infection. suspected source.

72. Forbidding work in infected

58. Removal of infected person to premises. hospital.

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SECTIONS SECTIONS

CHAPTER VII-cont. CHAPTER VIII

PREVENTION, NOTIFICATIONS AND MATERNITY AND CHILD WELFARE

TREATMENT OF DISEASES-cont.

82. Local authority to carry out Part II-cont. maternity and child welfare measures.

Notified Infectious Diseases-cont

CHAPTER IX

73. Prohibition of use of public library by infected person. MOSQUITO CONTROL

74. Disposal of bodies of persons dying 83. Prohibition of mosquito breeding while suffering from notified in collection of water. disease.

84. Treatment of mosquito breeding

75. Power of Magistrate to prohibit an places. assembly of more than fifty

persons. 85. Health Officer's powers in case of default.

76. Power of Government to confer special powers on officials to 86. Protection of anti-mosquito works. control notified diseases. 87. Prohibition of interference with

77. Destruction of rats, mice etc. such works.

88. Power of Health staff to enter and

Part III inspect premises. Venereal Diseases CHAPTER X

78. Provision for treatment of venereal SANITATION AND BUILDINGS disease by local authorities.

Part I

79. Patient to be instructed in methods of prevention of the spread of Residential Areas

venereal disease.

89. Notification of residential areas.

80. Certain medical practitioners to certify as to freedom from 90. Approval of Director of Public venereal disease. Health and of Director of Town Planning to be obtained for

Part IV notification. Power to make rules 91. Appeal against notification.

92. Consequences of notification.

81. Rules for the prevention, treatment and control of certain diseases. 93. Extension of sections 89 to 92 to non-urban local authorities.

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SECTIONS 107A. Prohibition of sale of food without licence in certain places.

CHAPTER -X cont.

SECTIONS

SANITATION AND BUILDINGS-cont.

CHAPTER -XI - cont. Part II

LODGING HOUSES- cont. Control over Insanitary Buildings 107B. Issue of licence

94. New Building not be erected on 107C.Power to make rules for fixing certain sites. requirements as regards

95. Cleaning of court-yard or passage sanitation. used in common.

CHAPTER XII

96. Dwelling house unfit for human habitation to be FOOD CONTROL vacated.

108. Prohibition of sale of unsound

97. (Omitted) food

Part III 109. Punishment for contravening provisions of section 108, through Abatement of Overcrowding others.

98. Definitions 110. Flesh of dead animal not to be consumed

99. Duties of landlord

111. Importing meat into local area

100. Power to make rules.

112. Power of Health Officer to enter

CHAPTER XI premises used for Food trade LODING HOUSES 112A.Power of the Health Officer in regard to unwholesome food

101. Lodging houses to be registered 113. Powers of Health Officer to deal

102. Register of lodging houses with carriers of disease handling food

103. Conditions of registration and of renewal of registration. 114. Investigation of diseases caused by milk or dairy produce.

104. Appeal to local authority

115. Inspection of dairy by Health

105. Rules for the upkeep and Officer

maintenance of lodging houses

CHAPTER XIII

106. Notice to be affixed outside the lodging house. FAIRS AND FESTIVALS

107. Cancellation of registration by court. 116. Notification of fairs and festivals by Government

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117. Levy of pilgrim tax on travelers 132.Breach of by-laws. by inland water ways.

SECTIONS SECTIONS

CHAPTER XIII-cont. CHAPTER XV-cont. FAIRS AND FESTIVALS-cont.

RULES,BY-LAWS,PENALTIES ETC.-cont.

118. Levy of tools on vehicles.

119. Notice to be given of fair or 133. Procedure for making or altering festival. by-laws.

120. Sanitary arrangements etc.

134. Penalties for offences against Act

121. Health Officer to supervise the etc.

arrangements.

122. Power to enter and seize 135. Penalty for preventing entry of unwholesome food. executive authority of Health

123. Occupation of buildings etc., Officer. required in connection with fair MISCELLANEOUS

or festival

124. Control over private sources of 136. Appeal against decisions of Health water supply Officer

125. Licensing of houses to 137. Method of serving notices accommodate visitors to fair or

138. Cognizance of offences against festival.

the Act

125A. Extension of provisions of Chapter to certain areas. 138A. Powers to compound offences

CHAPTER XIV 139. Powers of Police Officers to arrest offenders against Act etc.

FINANCE

140.Powers of executive officer and

126. Manner of spending proceeds of public health staff to arrest taxes and tolls levied in respect of offenders against Act etc. fairs and festivals.

127. Earmarking of revenue by local 141. Procedure after arrest authorities for expenditure on 142. Bar of suits and prosecutions in Public Health. certain cases.

CHAPTER XV 143.Punishment for malicious abuse of powers.

RULES, BY-LAWS,PENALTIES ETC.

143A.Delegation of powers by

128.Power of Government to make Government rules. 144. Act to override other enactments. 129.Penalty for breach of rules

145. Power to remove difficulties 130.Procedure for making and the effect of rules. SCHEDULE I - Ordinary penalties 131.By-laws by local authorities.

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SCHEDULE II - Penalties for continuing breaches

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THE TAMIL NADU PUBLIC HEALTH ACT,

1939

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(TAMIL NADU ACT NO.III OF 1939.)

(Received the assent of the Governor on the 28^thFebruary 1939; first published in the Fort St, Georg Gazette on the 7^thMarch 1939.) An Act to make provision for advancing the Public Health of the [State of Tamil Nadu]²

WHEREAS it is expedient to make provision for advancing the Public Health of the [State of Tamil Nadu]^2.. It is hereby enacted as follows:-

CHAPTER I.

PRELIMINARY.

Short title

(1) This Act may be called the³[Tamil Nadu] Public Health Act. 1939².* and extent ________________________________________________________________________

1.

For Statement of Objects and Reasons, see Fort St, George Gazette, Extraordinary, dated the 10 ^thNovember 1938. Part IV, pages 75-95.

2 . These words were substituted for the words "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order. 1969.

3. These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. * This Act was extended to the merged State of Pudukkottai by section 3 of, and the first Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949, (Tamil Nadu Act XXXV of 1949).

So much of this Act as was in force on the date of commencement of the Tamil Nadu (Added Territories) Extension of Laws(No.2) Act, 1961 (Tamil Nadu Act 39 of 1961) in the State of Madras except in the added territories was extended to the added territories by section 3 of, and the First Schedule to, the latter Act. So much of this Act as was in force on the date of the commencement of the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965) in the State of Madras except in the transferred territory and as amended by the latter Act was extended to the transferred territory by section 4(2) of, and the Second Schedule to, the said Act repealing the corresponding law in force in that territory.

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Commencement (2) It extends to the whole of the [State of Tamil Nadu] 2 .

2 .(1) The provisions of this Act, except Chapter IX and Part III of chapter X, shall come into force in the whole of the²[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 the²[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 hereafter¹be, declared to a¹[Tamil Nadu ] Act

be a municipality under the (Tamil Nadu) District Municipalities Act, 1920. V of 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]²and may cancel or modify any such notification.

Definitions

3. In this Act, unless there is anything repugnant in the subject or context -

(1) "Building" includes—

(a) a house, out-house, stable, latrine, go down, 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

1 . These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Orders,

1 969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order. 1 969.

2 . This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Naadu Adaptation of Laws (Second Amendment) Order, 1969.

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(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, sheeps, 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, sterilized or condensed milk; and

[Tamil (b) in relation to a dairyman who does not occupy any premises for Nadu

of the sale of milk, any place in which he keeps the vessels used by him for the 1920] 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

Definition (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, ram 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.

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(8) "Executive Authority" means the Commissioner, Chairman, President,¹[Executive Officer] or other functionary of the local authority concerned, who is vested with general executive powers under the Madras City Municipal [Corporation]²Act, 1919, the [Tamil Nadu]³District Municipalities Act, 1920.⁴[***} the [Tamil Nadu]² Local Boards Act, 1920⁵[or the [Tamil Nadu]³Village Panchayats 3 [Tamil Nadu ] Act

Act, 1950]⁺, as the case may be. XIV of 1920

(9) "Executive Officer" means the paid officer, if any, of the 3 [Tamil Nadu ] local authority who is vested with general executive powers in the Act IV of 1919 local area for which such authority is constituted under the Madras 3 [Tamil Nadu ] City Municipal²[Corporation] Act, 1919⁶[the [Tamil Nadu]³District Act V of 1920 Municipalities Act, 1920, the [Tamil Nadu]³District Boards Act,³[Tamil Nadu ] Act X of 1950

1920, or the [Tamil Nadu] village Panchayats Act, 1950^{+ ,} as the case

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may be. [Tamil Nadu ] Act XIV of 1920

1 These words were inserted by section 35 (i) of the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950).

2 This word was inserted by the Tamil Nadu Act 56 of 1961.

3 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order 1969.

⁴The word 'or' was omitted by section 135 (i) of the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950).

5 These words and figures were inserted by section 135 (i) ibid + Now the Tamil Nadu Panchayats Act 1958 (Tamil Nadu Act XXXV of 1958),

6 These words and figures were substituted for the words and figures "or the Madras District Municipalities Act, 1920, or the Madras Local Boards Act, 1920, as the case may be"

by section 135 (ii) of the Tamil Nadu village Panchayats Act, 1950 )Tamil Nadu Act X of

1950).

+ Now the Tamil Nadu Panchayats Act, 1958, (Tamil Nadu Act XXXV of 1958),

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(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) nights oil and other contents of latrines, cesspools and drains;

(b) dung and the refuse or useless or offensive material thrown out in Central Act

X of 1897 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 flavoring and colouring matter and condiments.

(13) "Government" means the¹[State] Government as defined in²[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 purpose 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 flush out.

1 The word 'State' was substituted for the word "Province" by the adaptation of Laws Order,

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(19) "Local area" means the area within the jurisdiction of a local authority.

(20) "Local authority" means- 3 [Tamil Nadu ]

Act XIV of (a) in the City of Madras, the Corporation of Madras;

1920

3 [Tamil N adu ] (b) in any other municipal area, the municipal council concerned; Act XIV of

1920

(c) in any area in a district as defined in the 1 [Tamil Nadu] Local

Boards Act, 1920, which is comprised within the jurisdiction of a panchayat. 3 [constituted under the 1 [Tamil Nadu] Village Panchayats Act, 1950], *the panchayat concerned⁴[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 of⁵[such panchayat] the district board* 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 emigration depot, or any place where casual visitors are received and

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2 Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920)

3 These words were inserted by section 135 (iii) of the Tamil Nadu Village Panchayats Act, 1950, (Tamil Nadu Act X of 1950).

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Government or local authority, an unlicensed 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

1 [(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, sterilized 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 causes 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

1 This sub-clause was substituted for the original sub-clause © by clause (ii) of section 2 of the Madras Public Health (Amendment) Act, 1941) Madras Act XIX of 1941). Permanantly by section 2(1) of the First Schedule to the Tamil Nadu Re-Enacting Act, 1949 (Tamil Nadu Act X of 1949).

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(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 1 [Central or State Government].

1 These words were substituted for the word "crown" by the Adaptation Order, 1950.

19

(33) "Sewage" means night soil 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, genorrhoea, 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.

20

CHAPTER II

CONTROLLING AUTHORITIES AND THEIR POWERS

Public Health Board.

Constitution 4. (1) As soon as may be after the commencement of this Act, the of the Public

Health Government shall cause to be constituted for the [State of Tamil Nadu]

1

Board 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 the²[Tamil Nadu Legislature] nominated by the Government :

(d) the Surgeon-General with the³[State Government] ;

(e) the Director of Public Health ; (ee)⁴[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 These words were substituted for the words "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,

1969.

²This expression was substituted for the expression 'Madras Legislature" by the Tamil Nadu Adaptation of Laws Order, 1970.

3 Substituted for the expression "Government of Madras" by ibid. ⁴This item was inserted by section 2 of the Tamil Nadu Public Health (Amendment) Act, 1990 (Tamil Nadu Act 25 of 1990), which was deemed to have come into force on the 14^thJune 1989.

21

5. (1) The Public Health Board shall advise the Government on such matters as the Government may from time to time refer to it. Functions of the Public Health Board

(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. Powers of the Government and of the Director of Public Health Powers of the Government and

of the Director aof Public Health

and his staff.

6. (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 by¹[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. Power of Government to direct performance by district board

of any function develoving on

panchayats

²[6-A. (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.

¹This expression was substituted for the expression "the Director of Public Health or any member of his staff" by section 3 of the Tamil Nadu Public Health (Amendment) Act, 1990 (Tamil Nadu Act 25 of 1990).

²Section 6-A was inserted by section 3 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).

* Now the Panchayat Union Council.

22

(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 district board* in performing such function in the area or areas comprised within the jurisdiction of any panchayat or panchayats, and

(b) apportion, or provide for the apportionment of, such expenses between the district board* and the panchayat or panchayats concerned.]

Powers of 7. The Director of Public Health may, from time to time as the Director

of Public occasion requires, recommend for adoption, by any local authority, Health to such measures as may be necessary for improving the Public health advice local administration in the local area, or for safeguarding the public health authorities.

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.

Public Health Establishments of Local Authorities

Public

8. (1) The public health establishment of every local Health staff

in local authority (other than the Corporation of Madras) shall be on such areas. 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]¹District Municipalities Act, 1920, or the [Tamil Nadu]¹Local Boards Act, 1920,⁺be governed by regulations, not

1 these words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order 1969.  Now the Panchayat Unoin Council.

+ Now the Tamil Nadu District Boards Act, 1920, (Tamil Nadu Act XIV of 1920).

23

[Tamil¹Nadu ] inconsistent with this Act, made by the Government. 2 Such regulations may lay Act XIV of

1920 down the extent to which the Director of Public Health shall have disciplinary control over the members of such public health establishment.

1 [Tamil Nadu ]

Act XIV of

31920 [other than the members of the public health establishment of any local authority as defined in item (b) of clause (20) of section 3 including any township 1 [Tamil

Nadu ] Act committee constituted under the Tamil Nadu District Municipalities Act, 1920, XIV of 1920 the Mettur Township Act, 1940, the Courtallam Township Act, 1954 or the [Tamil Bhavanisagar Twonship Act, 1954.] 1

Nadu ] Act

XIV of 1920 4 [8-A (1) Notwithstanding anything contained in section 8, every person who, under the regulations made under sub-section (2) of section 6 of the Special Travancore-Cochin Public Health Act,1955 (Travancore Cochin Act XIV of provision

persons 1955), was holding a post in the public health establishment of any local authority holding in the transferred territory immediately before the date of the extension of this posts in the

public Act to the said territory shall be entitled to receive from the local authority health concerned conditions of service not less favourable than those to which he was establishm

entitled under the said regulations immediately before the said date. ent in the

transferred

territory (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.

_____________________________________________________________

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.

²Under section 34 (7) of the Tamil Nadu Village Panchayats Act,1950 (Tamil Nadu Act X of 1950), the provisions of that section shall apply also to public health establishments in Panchayats notwithstanding anything contained in the Tamil Nadu Public Health Act, 1039. ³This expression was added by section 4 of the Tamil Nadu Public Health (Amendment) Act, 1990 (Tamil Nadu Act 25 of 1990), which was deemed to have come into force on the 14^thJune 1989. ⁴Section 8-A was inserted by section 4 of, read and the Second Schedule to, Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965).

24

Explanation. -For the purpose of this section, the expression "transferred territory" shall mean the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.]

Appoint

9. (1) A local authority shall, if so required by the Government, ment of

the include the post of a Health Officer in its establishment schedule. Health

o f f ic e r (2) Notwithstanding anything contained in the¹[Tamil Nadu] District 1 [Tamil Municipalities Act, 1920, or the [Tamil Nadu] 1 Local Boards Act,1920*, the Nadu ] V of

Government - - 1920

(a) shall appoint the Health Officers of all the local authorities (other

1

than the Corporation of Madras) in respect whereof a direction is issued under [Tamil Nadu ]

sub-section (1); and Act

XIV

(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. Appointment 10. (1) In the event of the prevalence or threatened outbreak of temporary

Health of any infectious disease in any local area, or of any unusual Officers in mortality therein, the Government may, by order, appoint emergencies 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 appoint¹[Tamil Nadu ]

any medical practitioner registered under the¹[Tamil Nadu] Medical Registration Act IV Act, 1914, either on an honorary basis or on such salary and allowances or both of 1920 as the Government may fix the salary and allowances shall be payable from the funds of the local authority.

_____________________________________________________________

1 These words were substituted for the word "Madras" by the Tamil Nadu. Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.

* Now the Tamil Nadu District Boards Act 1920 (Tamil Nadu Act XIV of 1920)

25

11. The Government may, by general or special order, authorise any Delegati

on of officer of the Government or of a local authority to exercise such of the powers of powers a Health Officer under this Act, in such area, and subject to such restrictions, of

Health limitations and conditions and to such control and revision, as may be specified in Officer. such order.

12. (1) Notwithstanding anything contained in this Act or in any other Act Appoint

ment of or Acts governing the local authority or authorities concerned, the Government persons may, by general or special order, appoint any person or persons to carry out such to provisions of this Act, and in such areas, as may be specified in the order. carryout

the

provision

(2) The expenses incurred by such person or persons in doing so s of this shall be met from the funds of the local authority or authorities concerned, either Act

wholly or in part and where more than one local authority is concerned, in such proportions, as may be determined by the Government.

13. (1) Subject to such rules as may be prescribed including rules for Powers of consultation with the executive authorities concerned,¹[the Director of Public Director of

Public Health shall, in respect of a member of the public health establishment of a local Health over authority other than a member of the public health establishment of a local public

health staff authority as defined in item (b) of clause (20) of section 3 including a township of local committee constituted under the Tamil Nadu District Municipalities Act, 1920, authorities. 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.

_____________________________________________________________

26

(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. Escutive 14.

2 (1) The executive authority in respect of a member of the Tamil

authorici

public health establishment of any local authority as defined in item (b) of Nadu Act

ty's or clause (20) of section 3 including any township committee constituted under V of health

Officer's the Tamil Nadu District Municipalities Act,1920, the Mettur Township Act, 1920 control 1940, the Courtallam Township Act, 1954 or the Bhavanisagar Township over

public Act, 1954 and the Health Officer in respect of a member of the public health Tamil

Nadu Act

health establishment of any other local authority, shall exercise supervision and XI of 1940 staff control over such member within their respective jurisdiction.] Tamil

(2) (a) Save as otherwise provided in this Chapter or in any rules or Nadu Act regulation made under it, all appointment, transfers and punishments of the XVI of member of the public health establishment under the supervision and control of 1954 the Health Officer shall be made by the Health Officer, subject to the approval of the executive authority. Tamil

Nadu Act

XXV of

(b) If for any reason the executive authority disagrees with the 1954 orders of the Health Officer under clause (a), the executive authority shall refer the matter to the Government whose decision shall be final. Loca l

authority to

provide

adequate 15. Every local authority shall provide its Health Officer with such facilities to

the Health clerical assistance, office accommodation, furniture, equipment, stationery, Officer and forms as may in the opinion of

¹This expression was substituted for the expression "Health Officers" by section 6 (1) of the Tamil Nadu Public Health (Amendment) Act, 1990 (Tamil Nadu Act 25 of 1990), which was deemed to have come into force on the 14th June 1989.

²This sub-section was substituted for the original sub-section (1) by section 6 (2), ibid.

27

the Director of Public Health be necessary for the proper conduct of the business of such Health Officer.

Tamil Nadu Act IV of 16. Notwithstanding anything contained in the Madras City Municipal

1919

[Corporation]¹Act,1919 the [Tamil Nadu]¹District Municipalities, Act, 1920, the [Tamil Nadu]¹Local Boards Act, 1920, *³[the Tamil Nadu]¹ Tamil Nadu Act V

of 1920 Village Panchayats Act, 1950]+4 the Madras Prevention of Adulteration Act,1918, and the¹[Tamil Nadu] Places of Public Resort Act, 1888, the Tamil Nadu Act X of Health Officer of the local authority shall perform such of the functions, 1950 Madras Act III

of 1918 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 Tamil Nadu Act II of authority contained in the Acts aforesaid, subject to such appeal and control

1888

as the Government may, by general or special order, determine. Authorization of Health Officers perform

the functions of executive authority in

public health matters.

1 These words were inserted by the Tamil Nadu Act 56 of 1961. ²These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969. ³These words and figures were inserted by section 134 (iv) of the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950).

⁴Repealed by central Act XXXVII of 1954.

* Now the Tamil Nadu District Board Act,1920.

(Tamil Nadu Act XIV of 1920)

* Now the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958).

28

CHAPTER III.

WATER-SUPPLY. Local authority

17. (1) Every local authority may, and if the Government so direct shall, to provide potable water.

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 Power of

(b) that the water supplied is at all times wholesome and fit for human Government to direct local

consumption. authority to

execute water

works

(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.

18. (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

29

(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. Power of

Governme

nts to

divert

19. The Government shall have power to take water from any water from water-main belonging to, or in the control of, a local authority for water-main supplying water to any other area, subject to such payment being made beonging to a local

to the local authority concerned and subject also to such other authority. 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.

20. (1) The Collector of the district, or any other officer Power of Collector

appointed by the Government in this behalf, may cause inquiries to be in regard made in any local area or part thereof, with a view to ascertaining— to water- supply.

(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 or 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,

30

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 borne by the inhabitants of the local area who,

31

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— 1(Tamil Nadu)

Act V o f 1920 (a) a tax levied under section 25 of this act, or (Tamil (b) a water and drainage-tax levied under section 81 (1) (b) of the (Tamil Nadu) Act Nadu) 1 District Municipalities Act, 1920 or under section 99(1) (b) of the IV of 1919

Madras City Municipal (Corporation)2 Act. 1919, or

1(Tamil (c) a tax levied under section 75 (2) of the (Tamil Nadu) 1 Local Boards Nadu) Act

IV of 1920 Act, 1920+, for the specific purpose of executing, maintaining or improving any work for the supply of water, 3(or

1(Tamil (d) an additional house-tax levied under rule 19 of Schedule IV to the Nadu) Act

IV of 1920 (Tamil Nadu) 1 Local Boards Act, 1920,+ for the purpose of providing a water-system or a combined water and drainage system).

21. If the Director of Public Health is satisfied upon investigation Power of

Director of that any source of public water-supply in a local area is contaminated or is Public Health subject to imminent risk of contamination by reason of unsatisfactory to direct local

location, protection, construction, operation or maintenance, and speedy authority to

improve remedy or immediate prevention is, in his opinion, desirable, he may, by water-supply order, direct the local authority to take such measures as may be specified therein; and the local authority shall take action accordingly. --------------------------------------------------------------------------------------------

1. These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order,1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2. This word was inserted by the Tamil Nadu Act 56 of 1961.

3. The word 'or' and clause (d) were added by section 4 of the Madras public Health (Amendment ) Act, 1941 (Madras Act XIX of 1941), and 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).

+Now the Tamil Nadu District Board Act, 1920 (Tamil Nadu Act XIV of 1920).

32

22. In the case of any railway in the 1(State of Tamil Nadu) the Railway Government may, by general or special order, require the authority administr

ations to administering the railway to submit for analysis, to such person or submit institution, in such manner, and at such intervals, as may be samples

of prescribed, samples of drinking water supplied by such authority at drinking any station or stations on such railway. For such analysis, the water for authority aforesaid shall pay to the Government such fee as may be analysis

prescribed by them.

Rules for 23. The Government shall have power to make rules providing for the the protection and periodical examination of sources of water-supply protection in the 2(State).

and

periodical

examination

of water-

supply.

24. (1) The Health Officer may at any time by written notice require Health

Officer's that the owner of, or any person having control over, any lake, stream, powers in spring well, tank, reservoir, pond or other source of water-supply regard to which is used for drinking, bathing or washing clothes shall, whether insanitaty

sources. 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

1. This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Orders, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) order,

1969.

2. This word was substituted for the word " Province" by the Adaptation Order of 1950

33

(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

34

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. Levy of 25. (1) Any tax local authority may with the previous sanction of the water-tax

and Government, and shall, if so directed by them levy within its area or earmarking

the any part thereof, any tax which may be necessary for providing water- proceed supply in such area or part.

for water-

works.

(2) Any tax levied under sup-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

35

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 1(Tamil

Nadu) Act IV the power of the Corporation of Madras to levy a water and drainage of 1919.

tax under section 99 (1) (b) of the Madras City Municipal 1(Tamil Nadu)

Act V of 1920. (Corporation) 1 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 2 (or of any local 1(Tamil

Nadu) Act

XIV of 1920. board governed by the (Tamil Nadu) 3 Local 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.)

26. No owner of any dwelling-house which may be constructed or New house

reconstructed after the commencement of this Act in any urban local area not to be occupied

shall occupy it, or cause or permit it to be occupied, until he has obtained without adequate

a certificate from an officer of the Public Health Department of the local water- supply

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 inmates of the house.

--------------------------------------------------------------------------------------------

1. These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2. These words and figures were added by section 5 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).

3. Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu, Act XIV of 1920)

36

CHAPTER IV

DRAINAGE

27. (1) Every urban local authority shall, so far as the funds Local

authority to at its disposal may permit, provide and maintain a sufficient and maintain satisfactory system of public drains for the effectual draining of its public drains

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 1 (belonging to it).

28. (1) If any premises are in the opinion of the Health Power of

Health Officer without sufficient means of effectual drainage, he may, by Officer to notice, direct the owner of such premises to construct a drain require leading therefrom the nearest public drain or other place set apart drains to be

constructed. 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, be 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.

--------------------------------------------------------------------------------------------

1. These words were substituted for the words "belonging to there" by section 6 of the Madras Public Health (Amendment) Act 1941 (Madras Act XIX of 1941), re-enacted permanently by section

2. (1) of, and the I schedule to the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

37

(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 construct 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.

29. Where a house-drain belonging to one or more premises has been laid Drains

in in any private street which is common to more than one premises and the private Health Officer considers it desirable that any other premises should be streets.

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 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 be owner or owners concerned has been duly made.

30. (1) Drains for the drainage of huts shall be of such size and Draina

ge for description and be constructed of such materials, as may be considered by huts 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 if to be cleansed and repaired to the satisfaction of the Health Officer.

38

Drainag 31. For the purpose of efficiently draining any land or building the e of Health Officer may, be notice, require the owner of any court-yard, courts-

yard alley, lane, passage or open space -

alley,

passage

etc.

(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.

32. (1) No person shall construct a cesspool - Construction (a) beneath any part of any building or within fifty feet of any tank, and closure reservoir, water-course or well or within such other distance of cesspools. 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.

Prohibition 33. No owner of any building constructed or reconstructed after the of commencement of this Act in any urban local area shall occupy it, or occupation

cause, or permit it to be occupied, until he has obtained a certificate of new

building from the Health Officer that the building has been provided with without sufficient means of drainage.

drains.

34. No person having control over any building or land shall Sullage or cause or allow -

sewage not

to be left (a) the water of any sink, sewer, latrine, or sanitary convenience, or out into any other liquid or other matter which is, or is likely to become streets. offensive, to run or drain into or to be

39

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.

35. No person shall, save as may be generally or specially prescribed Injurious refuse

not to be throw, empty, or suffer or permit to be thrown emptied or turned or to discharged into pass, into any public drain or into any drain communicating with a public drains.

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.

36. No person shall, save as may be generally or specially Pollution of prescribed water-courses

prohibited

(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, on

(2) put, or cause to be put, or cause 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.

40

CHAPTER V

SANITARY CONVENIENCES

Obligation 37. Every local authority shall provide and maintain in proper and of local convenient places a sufficient number of sanitary conveniences for the authority to

provide use of the public and cause all such places to be kept in proper order public so as not to be a nuisance or injurious to health. sanitary

convenience

s

38. If in any local area any building intended for human habitation is New houses

to be constructed or is reconstructed after being pulled down to or below provided with the ground floor, the owner thereof shall provide such sanitary sanitary

conveniences conveniences and in such positions as the Health Officer may, by notice, require.

Additional 39. If any building intended for human habitation is without any sanitary

convenienc sanitary convenience or if, in the opinion of the Health Officer, the es 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, be 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.

40. (1) All latrines shall. Mode of (a) be so constructed as to screen persons using the same and the construct

ion of filth from the view of persons passing by or residing in the latrines neighbourhood; and

(b) be maintained, repaired altered and used in accordance with the rules and by-laws made under this Act

41

(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 pubic 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.

42

CHAPTER VI

ABATEMENT OF NUISANCES

Certain 41. Without prejudice to the generality of the definition of the things to expression "nuisance" contained in clause (25) of section 3, the be following shall be deemed specifically to be nuisances for the purposes nuisances

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.

(3)any animal kept in such a place or manner as to be prejudicial to health or a nuisance.

(4) any accumulation or deposit of refuse or other matter which is prejudicial to health or a nuisance.

(5) any factory '( not being a factory governed by the provisions of Central

Act the Factories Act, 1934), workshop or work-place, which is not provided XXV with sufficient means of ventilation, or in which sufficient ventilation is of 1934 not maintained, or which is not kept clean or 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;

(6) 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;

(7) any chimney sending forth smoke in such quantity as to be a nuisance ; and

(8) any noise, vibration dust, cinders, irritating smell or offensive odour produced by a factory, workshop or workplace which is a nuisance to the neighbourhood.

1. See now the Factories Act, 1948 (Central Act LXIII of 1948).

43

42. Every urban local authority shall -

(a) cause its local area to be inspected from time to time with a Detection

view to ascertain what nuisance exist therein calling for abatement under of the powers conferred on such authority by this Act; and nuisance

(b) enforce the provisions of this Act in order to abate such nuisance.

43. Any person aggrieved by a nuisance in any local area may Infornati give information of the same to the Health Officer or any other Officer on of the public health establishment of the local authority. regarding nuisance

44. If the Health Officer is satisfied, whether upon information Power given under section 43 or otherwise of the existence of a nuisance, he of may, by notice require the person by whose act, default or sufferance the Health Officer

nuisance arises or continues, or if that person cannot be found, the owner to abate or occupier of the premises on which the nuisance arises or continues, to nuisance 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 occupies of the premises, the Health Officer may himself forthwith do what he considers necessary to abate the nuisance and to prevent a recurrence thereof.

45. If the person, on whom a notice to abate a nuisance has been Power

served under section 44, makes default in complying with any of its of local authorit

requirements within the time specified therein, or if the nuisance y to although abated within such time is, in the opinion of the local abate nuisance

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

44

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.

P rovision regarding house

rendered unfit for occupation

b y reason o f n u i s a n c e 46. Where a house or other building is, in the opinion of the Head officer unfit for human habitation by reason of a nuisance existing therein, he may apply to a Magistrate [not being a Magistrate of the third class] to prohibit the use of such house or building for human habitation until it is rendered fit therefor.

Disposal of articles removed

^{while abating nuisance} 47. (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. Power of entry and inspection

48. 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.

1. According to clause (b) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1^stApril 1974, any reference to a Magistrate of the third class shall be construed as a reference to a judicial Magistrate of the second class.

45

(b) no doweling 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.

49. If the local authority or its Health Officer makes default in Power of

doing its or his duty under this Act in regard to the abatement or Govern ment in

prevention of nuisances, the Government may authorize any of their case of officers to perform such duty and for that purpose to exercise any default by local

specified powers of the local authority or of its Health Officer or of authority both, in the local area concerned and the expenses incurred by such officer shall be met from the funds of the local authority.

50. If a nuisance under this Act within, or affecting any part of, Nuisanc a local area, appears to be wholly or partly caused by some act or e caused by act or

default committed or taking place outside such local area, the local omission authority may take or caused to be taken against any person in respect outside local

of such act or default any proceedings in relation to nuisances, area. 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.

51. (1) No person shall deposit, or cause or suffer any member Prohibition

of his family or household to deposit any member of his family or of the deposit of

household to deposit any carcasses of animals, any dust, dirt, dung, rubbish, ashes or refuse or filth of anykind, any animal matter, any broken etc, in street etc.,

glass, earthenware or other rubbish, or any other thing which is or may be a nuisance, in any street or in 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,

46

expect 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 excrete with earth.

47

CHAPTER VII.

PREVENTION, NOTIFICATION AND TREATMENT OF DISEASES

Certain things

to be Part I

nuisances

Infectious Diseases in General.

Infectious diseases.

52. For the purposes of this Part, 'infectious disease' means (a) acute influenza pneumonia, (b) anthrax, (c) cerebro-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 1[State] or in such part or parts thereof as may be specified in the notification.

Appointment of

additional health

53. (1) In the event of the prevalence or staff. 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.

' The word 'State" was substituted for the word "province" by

48

the Adaptation Order of 1950

(3) Every appointment made under sub-section

(2) shall be reported forthwith to the Executive Provision and

maintenance of authority and by such authority to the local authority isolation concerned at its next meeting.

hospitals and 54. (1) (a) The local authority may, and if so wards.

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 Provision of common hospital or place of reception. ambulances, etc. (2) A local authority shall not be deemed to have discharged its obligation under sub-section (l) 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.

55. 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;

49

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, Medical either free of charge, or on payment of such fee as it practitioners to may fix. give information

of certain 56. Every medical practitioner who, in the course of infectious

his practice, becomes cognizant of the existence of diseases. 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' Prohibition of the use

includes a hakim or vaidya, whether registered or not. of water from

57. (1) If it appears to the Health Officer that the suspected source. 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 ay such notice has been issued in contravention of the terms thereof. Removal of infected

person to hospital.

58. (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

50

(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 Prohibition of extend to three months or with fine, or with both. the exposure of 59. (1) No person who knows that he is suffering other persons to from an infectious disease not specified in Part II of infection.

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.

51

(Tamil Nadu) Explanation - A person shall be deemed to know that Act IV of he is suffering from an infectious disease within the 1914. 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 1[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 of 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). Infected persons not to engage in certain

trades and

60. No person shall, while suffering from, or in occupation. 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 Prevention of

conditions specified therein. infectious diseases

61. If, in any local area, any infectious disease transmissible from transmissible to man breaks out or is, in the opinion animals. 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.

'These words were substituted fro the word "madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the

52

TamilNadu AdaptationofLaws (SecondAmendment)rder,1969 Part II

Notified diseases Notified Infectious Diseases

62. In this part notified disease means-

(a) cerebro-spinal 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 notification declare to be a notified disease for the purpose of this part either generally throughout the Occupati 1[State] or in such part or parts thereof as may be specified on of in the notification.

houses to 63. (l) the Health Officer may, in cases of prevent

the emergency, with the sanction of the District Collector, spread of enter upon, occupy and use, or depute any person to enter infection.

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 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.

' The word 'State" was substituted for the word "Province" by the Adaptation Order of 1950.

53

(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.

64. Every medical practitioner who, in the course of his Information practice, becomes cognizant of the existence of any regarding notified notified disease in any private or public dwelling other

disease

than a public hospital and every manager of any factory or public building, every keeper of a lodging house, every

head of a family and every owner or occupier of a house,

. who knows or has reason to believe that any person in any premises under his management, control or occupation is suffering from or has died of, a notified disease, shall, if the case has not been already reported, give information of the same with the least practicable delay -

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

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

65. (1) The Health Officer or any person authorized Power of entry by him in this behalf may - of local

(a) at all reasonable hours, inspect with or without officers to take preventive

assistants any place in which any notified disease is measures. 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.

54

(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 authorized by such authority.

Destructi

(66) (1) If it appears to the Health Officer that the on of

hut or destruction of any hut or shed is necessary to prevent the shed to spread of any notified disease, he may, after giving to the prevent owner and the occupier of such hut or shed such previous spread of

infections 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.

67. If, on the application of the Health Officer, a Closure Magistrate (not being a Magistrate of the third class)* is of

lodging satisfied that it is necessary in the interests of public health houses. 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.

Infected 68. No person shall-

clothes

not to be (1) send or take to any laundry or public wash-house or sent to any public water-course, tank or well, for the purpose of laundry. 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 ------------------------------------------------------------------------

*According to clause (b) of sub-section (3) of section (3) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), any reference to a Magistrate of the third class shall be construed as a reference to a Judicial Magistrate of the second class.

55

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 Infected persons which has not been disinfected. not to use public conveyance.

69. (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

56

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.

Letting or 70. No person shall, without special permit from subletting the Health Officer, let or sub-let, or permit or suffer any a building

occupied prospective tenant to enter a building in which he knows by an or has reason to know that a person has been suffering infected from a notified disease, with in the three months, person.

immediately preceding.

71. (1) No person who knows that he is suffering Prohibitio

n of from a notified disease shall expose other persons to the the risk of infection by his presence or conduct in - exposure (a) any street or public place, or of other

persons (b) any market, theatre or other place of entertainment or to assembly, or

infection.

(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 '[Tamil 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]1 Medical Registration Act, 1914, that he is so suffering.

57

(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).

72 (1) If a case of notified disease occurs on any premises, the Health Officer may, whether the person Forbidding work

suffering from the disease has been removed from the in infected premises or not, make an order forbidding any work to premises 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 factory 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.

73. No person who knows that he is suffering from a Prohibition of use notified disease shall take any book or cause any book to of public library by infected

be taken for his use, or any book taken, from any public or person circulating library.

74. (1) No person having the charge or control of the Disposal of body of any person who has died while suffering from a bodies of persons dying while

notified disease shall permit or suffer persons to come suffering from unnecessarily into contact with, or proximity to, the body notified disease. 'These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws, (Second Amendment) Order, 1969

58

(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 than 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 form 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.

59

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

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

75. In the event of the prevalence of a notified disease in any local area, on the application of the Health Officer, Powers of Magistrate to

any Magistrate, not being a Magistrate of the third class. * prohibit an having local jurisdiction shall have power t prohibit either assembly of more generally, or by special order in any individual case, than fifty persons. assemblages consisting of any number of persons

exceeding fifty, in any place whether public or private or in any circumstances, or for any purpose, if in his opinion such assemblages in such place, in such circumstances, or for such purpose, would be likely to become a means of spreading the disease or of rendering it more virulent.

76. 1[ (1) (a) In the event of the prevalence or Power of threatened outbreak of a notified disease in any place or Government to area, Government may declare that such place or area is confer special powers on

visited by, or threatened with, an outbreak of such disease. Officers to control notified

diseases.

(c) 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.

'This sub-section was substituted for the original sub-section (1) by section 7(i) 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).

* According to clause (b) of sub-section (3) of Section 3 of the Code of Criminal Procedure, 1973 9Central Act 2 of 1974) which came into force on the 1^stApril 1974, any reference to a Magistrate of the third class shall be construed as a reference to a judicial Magistrate of the Second class.

60

(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.

(a) 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 housed 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

*This was substituted for the words, figure and brackets "The powers which may be conferred under sub-section (1) are - "by section 7 (ii) of the Tamil Nadu Re- enacting Act, 1949 (Tamil Nadu Act X of 1949).

61

(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 ;

(b) 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 form 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 form 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 maybe directed by the Magistrate.

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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.

1[……………..]

[(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.

Destructi 77. (1) The occupier of every premises, or if the premises on of are unoccupied, the owner thereof, shall take such steps as rats, may be reasonably practicable for the destruction of rats mice,

etc., 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), e 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 form the occupier or owner, as the case may be, as if it were a tax due from him to the local authority. Sub-section (4) was omitted and sub-section (5) renumbered as sub-section (4) by section 7 (iii) 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).

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PART III

Venereal Diseases

78. (1) A local authority may, and if so required by Provision for treatment of

the Government shall, make such arrangement in its local venereal disease area as may be directed by the Government for - by local

(a) the free diagnosis and treatment of persons authorities. suffering, or suspected to suffer, from venereal diseases ; and

(b) the prevention of infection from such discases.

(2) The local authority may for the purpose mentioned in sub-section (1) enter into a contract -

(a) with any other local authority, or '[Tamil

Nadu] (b) with a hospital or medical institution Act of recognized by the Government in this behalf, or 1914 (c) with the sanction of the Government, with any medical practitioner registered under the 1 [Tamil Nadu] Medical Registration Act, 1914.

79. Every physician or other person treating or Patient to be examining with a view to treatment, a person having instructed in methods of

venereal disease shall, at the first visit - prevention of the

(a) impress upon such person the necessity for treatment spread of venereal disease.

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.

'[Tamil 80. Every medical practitioner registered under the Nadu]

Act of '[Tamil Nadu] Medical Registration Act,1914, and Certain medical 1914 included in a panel published by the Government for the practitioner to certify as to

purposes of this section shall be bound, at the instance of a freedom from person desirous of obtaining a certificate under this section venereal disease. and no payment of a fee of five rupees, to examine such person, and if he finds that

----------------------------------------------------------------------

These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws order, 1969, as amended by the Tamil Nadu Adaptation of Laws(Second Amendment) Order, 1969.

64

1[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.

PART IV

Power to make rules.

Rules for 81. The Government shall have power the

preventio

to make such rules as they deem fit for the n,

treatment treatment of persons affected with any epidemic, and endemic or infectious disease and for preventing control of

certain the spread of such diseases and the rules may diseases. declare by what authority or authorities such rules shall be enforced and executed.

These words were substituted for the words "That such person is not suffering" by section 8of 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).

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CHAPTER VIII

MATERNITY AND CHILD WELFARE

82. Every local authority shall be bound to carry out such measures pertaining to maternity and child welfare as may be prescribed. Local authority

to carry

outmaternity

and

CHAPTER IX childwelfare measures.

MOSQUITO CONTROL

83. (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 or 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. 84.(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.

66

(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 countrary, 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.

85.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.

86.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 1 (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.

87. (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.

_____________________________________________________________

1 These words were substituted for the words " has constructed if any works" by section 3 (1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951(Tamil Nadu Act XIV of 1951)

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88. For the purpose of enforcing the provisions contained in this Chapter, the Health Officer or any or his subordinates not below the rank of Health or Sanitary Inspector may, at all reasonable times, after going 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.

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CHAPTER X

SANITATION AND BUILDINGS.

PART I

Residential Areas.

89. (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 subsection (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.

90. (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 by reserved for residential purposes and the restrictions limitations and conditions, if any, proposed to be imposed

69

under sub-section (3) of section 89 and consider all objection 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.

91. Any person aggrieved by the issue of a notification under section 89, may appeal to the Government whose decision shall be final. 92.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.

1 [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)

1 This proviso was added by section 2 of the Tamil Nadu Public Health (Amendment ) Act, 1958 ( Tamil Nadu Act XXVIII of 1958)

70

Explanation (2) In the case referred (1) where the period exceeds six months but does not extend to in Explanation 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.

93. 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 (I) of section 89 were a reference to the date of publication of the notification under this section.

PART II

Control over Insanitary Buildings. 94.(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.

95.(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 abut on the court or yard, or to which the passage affords access,

71

in such proportions as may be determined by the Health Officer. 96.(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 subsection, 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 sub-section (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.

1 [97………………………………]

1 This section was omitted by section 9 of the Madres Public health (Amendment) Act, 1941 (Madras Act XIX of 1941 ) re-enacted permanently by section 2 (1) of, and First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949)

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PART III

Abatement of Overcrowding

98. 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.

99. 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.

100. 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.

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CHAPTER XI

LODGING HOUSES

101. 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.

102. 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. 103.(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:--

74

(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 registration, or 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.

104. A person aggrieved by the refusal of an executive authority to grant or renew registration under section 103 may appeal to the local authority.

105. 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

75

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.

106. (1) The keeper of a lodging house shall, if so required by Notice

the executive authority, affix, and keep affixed and undefaced and to be affixed

legible, a notice with the words "Registered lodging house" in some outside conspicuous place on the outside of the house.^the

lodging

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.

107. When the registered keeper of a lodging house is convicted Cancella

of an offence under this Chapter or under section 64 or a rule or by- tion of registrati

law applicable to him made under this Act, the court by which he is on by convicted may cancel his registration as a lodging house-keeper and Court. may order that he be disqualified for such period as the Court thinks fit for being again registered as such keeper.

76

CHAPTER XII

FOOD CONTROL.

1

Prohibitio [107- A No person shall, without or otherwise than in n of sale of conformity with the terms and conditions of a licence granted by the food

without executive authority in this behalf, keep any eating, drinking or licence in catering establishment, hotel, tea-shop, coffee house, café refreshment certain

places. 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.

107-B (1) The executive authority on receiving from any

Issue of person an application for a licence or for the renewal of a licence for licence.

keeping in any building, mobile van, vehicle or place, any eating, drinking or catering establishment, hotel, tea-shop, coffee-house, café, 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 sub-section (1) shall expire at the end of the year for which it

'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).

77

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 or 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 ruled 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 cause 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.

107-C The Government shall have power to make rules __

Power to

make rules

(a) for fixing the requirements as regards sanitation for for fixing difference types of buildings, mobile vans vehicles or places requirements as regards

licensed under sub-section (1) of section 107-B sanitation

(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:

78

(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].

Prohibit 108. (1) No person shall—

ion of

sale of (a) expose or hawk about for sale, or keep store or prepare for unsoun

d food. 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.

Punishments 109. (1) Any person who does any of the acts mentioned in sub- for section (1) of section 108 or in clauses (a) to (d) of sub-section (1) contravening

provisions of of section 5 of the Madras Prevention of Adulteration Act, 1918, section 108,

through through others employed by him, whether the latter be adults or others. children, shall be liable to punishment for such act as if he had himself done the same.

1 Repealed by the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954)

79

(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.

Flesh of dead

110. No person shall knowingly consume the flesh of any animal not to animal which has died on account of natural causes. be consumed.

Explanation—It shall be no defense 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.

111. (1) No person shall bring into any local area without the permission in writing of the Health officer thereof: the flesh of any Importing meat into

animal slaughtered outside the local area otherwise than in a local area. slaughter-house 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.

80

112.¹[(1)] The Health Officer²[or any person duly authorized by Power of

Health him may, without notice, enter any place at any time, by day or by Officer to

enter night, where any article of food is being manufactured, prepared, premises exposed or stored for sale, and inspect such article and any utensil or used for

food trade. 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.]

4 [112-A. (1) If any article intended for food appears to the Power of the

Health Officer Health officer or to a person duly authorized by him to be unfit for in regard to human consumption or is unwholesome or the utensil or vessel used unwholesome

food. 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 sub- section (1)

81

(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 sub-section (1) and not destroyed under subsection (3) and utensils or vessels seized, taken away or secured under subsection (1) shall, as soon as possible, be produced before a Magistrate.

Central Act (6) Whether or not any complaint is laid before a Magistrate of any XI,V of offence under the Indian Penal Code or under this Act, if it appears to

1860.

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 or 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.]

113. (1) The Health officer may, at any time examine any Power of

person engaged in selling, or in manufacturing or preparing for sale, Health Officer to

or in any manner whatsoever handling any article of food intended for deal with sale. carriers of

disease

handling

food.

82

1[(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, café, 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.]

114. (1) If the Health Officer has reason to believe— Investigat

ion (a) that any person within the local area over which he has diseases jurisdiction is suffering from an infectious disease attributable to milk caused

by milk or dairy produce supplied within such area, or

or dairy

produce.

(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 any 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 persons supply of milk or dairy produce is derived or has been derived during the six weeks immediately preceding.

1 This sub section was substituted for the original subsection (2) by section 5 of the TamilNadu Public Health (Amendment) Act, 1959 (Tamil Nadu Act 8 of 1959).

83

(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. 115.(1) the Health Officer may inspect any dairy referred to in Inspection

section 114 and the milch-cattle and the employees therein, and if, on of dairy by Health

such inspection, the Health Officer is of opinion that any infectious Officer. 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.

84

CHAPTER XIII.

FAIRS AND FESTIVALS.

Notification of

116. (1) The Government may, by notification - - fairs and festivals by Government.

(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 purpose 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 connection with which a notification under sub-section (1) has been issued.

117. (1) The Government, or the local authority with the approval of the Levy of

Government, may, by notification, impose, during a period to be specified in the pilgrim tax on

notification, a tax on persons leaving by inland waterways a notified fair or travelers festival centre or any place within such distance therefrom as may be specified in by inland waterways

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;

85

(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. Levy of 118. (1) The Government, or the local authority with the approval of the tolls on

vehicles 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.

119. (1) The person or authority in charge of any fair or festival shall, not Notice to

be less than sixty days before the commencement, intimate to the executive authority given of or Health Officer of the local authority concerned, or in case the fair or festival is fair or

festival. 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.

86

(2) There 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.

Sanitary

120. The local authority within whose jurisdiction a fair or festival Arrangement, is held, or if it is held within the jurisdiction of two or more local authorities, any Etc. persons 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 fir 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 festival¹(Centre);

(7) the supply by suitable persons of wholesome food at reasonable rates, and²(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 festival¹(Centre) ;

(8) the collection, removal and disposal of refuse, rubbish and sewage ;

¹This word was substituted of the word "site" by clause (i) of Section 10 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 Tamil Nadu re-enacting Act, 1949 (Tamil Nadu Act X of 1949)

²These words were substituted for the word "in sufficient quantities' by clause (ii) of section 10, ibid.

87

(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 disease;

(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.

88

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 sub-section (1) shall, it is not destroyed under that clause, report the seizure to such authority or persons as may be prescribed in that behalf.

(b) if the authority or person aforesaid is of opinion that the food is unwholesome or unfit 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.

Occup a t i o n 123. (1) The local authority may, in cases of emergency, with of building the sanction of the District Collector, depute any person to etc., required Central

in connection enter upon, occupy and use, without having recourse to the Act of with fair or 1894

festival 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 purpose 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.

89

(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.

124. (1) The Health Officer may, by notice in writing, Control require the owner of, or other person having control over, any source over private

of water-supply situated on the fair or festival site, or within such sources distance there from as the Government may by general or special^of water-

order determine, to close or disinfect such source within a specified supply 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 persons 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.

125. (1) The owner or occupier of a house, not being a Licensin

lodging house registered under chapter XI, situated in any notified fair g of houses to

or festival¹(centre) shall not, for purposes of gain accommodate in the accomm house visitors to the fair or festival, without obtaining a licence in that odate visitors

behalf from the executive authority or the Health Officer of the local to fair or authority or any of the local authorities concerned. festival. This provision shall not apply to tenancies from month to month or for a period exceeding one month.

90

(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 houses 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 houses 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.

1

Extension [125-A the Government may, by notification and subject to of such modifications, if any, as may be specified therein, extend all or provisions

of Chapter any of the foregoing provisions of this Chapter or any other to certain provision in this Act connected therewith, to any local area or part areas.

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.]

1 This section was inserted by section 13 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 1949).

91

CHAPTER XIV

FINANCE Manner of 1 [Tamil 126. If in respect of any fair or festival, any tax or toll is levied spending Nadu] proceeds under section 117 or section 118 of this Act, or under section 116 of the Act V of of taxes

1

1920. [Tamil Nadu] District Municipalities Act, 1920, or section 110 of the and tolls 1 levied in [Tamil Nadu] Local Boards Act, 1920,* the local authority shall have respect of power to spend the proceeds thereof in connection with the fair or festival fair or 1 [Tamil festiva.l

Nadu] Act or for the benefit generally of the local area concerned, in such manner as XIV of Government may, by general or special order, authorize.

1920.

127. (1) Every municipalities shall earmark not less than 39 per cent of Earmaking

its income from all sources other than Government grants, for of revenue expenditure on the advancement of public health in its local area, by local authority

including expenditure on medical relief, and every district board+ or for panchayat shall similarly earmark not less then 12 ½ percent of its expenditur e on

income from such sources: public

health.

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 Municipalities or district board+ or any panchayat or class of panchayats.

(2) (a) The Government may, by notification, authorize any local authority or class of authorities to incur expenditure on any public health purpose specified in the notification, notwithstanding anything contained in 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 purpose of sub-section (1).

_________________________________________________________________

1 These words were substituted for the word"Madras" by the Tamil Nadu Adaptation of Laws order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) order 1969.

* Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920) + Now the Panchayat Union Council having jurisdiction.

92

CHAPTER XV

RULES, BY-LAWS, PENALTIES, ETC.

128. (1) The Government shall, in addition to the rule-making powers conferred on them by any other provisions contained in this Act, have power to Power of Governme

make rules generally to carry out the purposes of this Act. nt to make

(2) In particular and without prejudice to the generality of the power rules. 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.

Penalty

129. (1) In making a rule under section 81¹[or section 107-c], the for Breach of

Government may provide that a breach of such rule shall be punishable with rules 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 after receipt of notice from the executive authority or the Health Officer to discontinue such breach.

_____________________________________________________________

93

Procedure for 130. (1) The power to make rules under this Act shall be subject to the making and

the effect of following conditions: - -

rules.

(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. By-laws by 131. Any local authority may make by-law, not inconsistent with this Act local

authorities. or the rules made thereunder or with any other law, for carrying out all or any of the purposes of this Act.

132. In making a by-law, the local authority may provide that a breach Breach of

by-laws 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.

Procedure

for making or 133. In regard to by-laws made by a local authority under section 131 and altering by-

laws. 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;*

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order 1969.

* The short title of this Act has now been altered as the Madras City Municipal Corporation Act, 1919.

94

(b) in case the local authority is a municipality constituted under the¹[Tamil

1 Nadu] Act V [Tamil Nadu] Districts Municipalities Act, 1920, section 309, 310 and 311 of of 1920.

that Act;²[***)

1 [Tamil

(c) in case the local authority is³[a local board] constituted under Nadu] Act

1 XIV of 1920. the [Tamil Nadu] Local Boards Act, 1920,* section 204, 205 and 205-A of that Act. 1 [Tamil

(d) in case the local authority is 3 [a local board] constituted under Nadu] Act X of 1950.

the¹[Tamil Nadu] Village Panchayats Act, 1950,* section 114 of that Act.

134. (1) Whoever - -

(a) contravenes any of the provisions of this Act specified in the Penalties for first and second columns of Schedule I; or Offences

(b) contravenes any rule or order made under any if the provisions against Act, etc. 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.

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of laws Order,

95

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 these provisions, but are inserted merely as references to the subject dealt with therein.

Penalty for

135. Every person who prevents the executive authority or the Health Preventing

entry of Officer or any person to whom the executive authority or the Health Officer has executive lawfully delegated his powers of entering on or into any land or building, from authority or exercising his lawful power of entering thereon or there into, shall be punished Health

Officer. 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.

Miscellaneous.

Appeal against 136. Any decision of the Health Officer against which an appeal is not decisions of

otherwise provided for in this Act shall be subject to such appeal as may be Health Officer.

prescribed.

Method of 137. (1) When any notice is required to be given by this Act or by any Serving notices.

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 of 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.

96

Cognizanc

138. No person shall be tried for any offence against, the e of

offences provisions of this Act, or of any rule, or by-law made under it, unless against the complications made within three months of the commission of the Act. 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, 1898. In regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion. Power to 1[138-A. The executive authority or the Health Officer may Compound compound any offence against this Act or the rules or by-law made offences thereunder which may, by rules made by the Government , be declared compoundable.

The power to the 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.]

139. Any police officer who sees a person committing an offence Power

of against any of the provisions of this Act or of any rule or by-law made Police thereunder, may arrest such person, if his name and address are unknown to Officers the officer and such person on demand declines to give his name and to address of gives a name and address which the officer has reason to believe arrest to be false.

offende

rs 140. (1) The executive authority of local authority or any agPaoiwnsetr s of member of the public health establishment of a local authority not AcEtx,eectcu.t ive

below the rank of Health or Sanitary Inspector, who sees a person officer and committing any of the offences specified in sub-section (2) in the area public health

over which the local authority has jurisdiction, may arrest such staff to arrest

offenders person, if his name and address are unknown to the executive officer against Act, of member aforesaid and such person on demand declines to give his etc name and

* section now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

1 Section 138-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).

97

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 1 [Tamil jurisdiction - -

Nadu] Act

IV of 1919. (i) Chapter VII to XIII, both inclusive, of the Madras City Municipal Corporation, Act, 1919 read with section 357 of that 1 [Tamil Act and Schedules VII and VIII thereto;

Nadu] Act of

1920. (ii) Chapter VII to XIII, both inclusive, of the¹[Tamil Nadu] District Municipalities Act, 1920, read with section 313 of that Act and Schedules VII and VIII thereto;

1 [Tamil

Nadu] Act (iii) Chapter VII to XIII, both inclusive, of the 1 [Tamil

XIV of 1920. Nadu] Local Boards Act, 1920,²read with section 207 of that Act 1 and Schedules VIII and IX thereto; [Tamil

Nadu] Act of 3 [iii-a) sections 79,81,82,84,85,87,88,90 to 92 and 123 of 1950. the¹[Tamil Nadu] Village Panchayats Act, 1950;* read with 1 section 115 of that Act and schedules I and II thereto]; [Tamil Nadu] Act of (iv) Sections 53 and 73 of the Madras City Police Act, 1888;

1888.

1 (v) Clauses (9) and (11) of section 3 and sections 4 and 10 [Tamil

Nadu] Act of of the Towns Nuisances Act, 1889; and

1889. 4

[(vi) section 5 of the Madras Prevention of Adulteration Act, 1 5 [M adras] 1918 .]

Act III of

1 91 8.

¹

These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) order, 1969.

2 Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of

1 920).

3 This sub-clause was inserted by section 135 (iv) of the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950).

4 Now the Tamil Nadu Towns Nuisances Act, 1889 (Tamil Nadu Act III of 1889).

5 Repealed by the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954).

* Now the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958).

98

1 [141. Any person arrested for an offence under this Act shall be Procedure

after arrest. 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.]

Bar of suits 142. (1) No suit, prosecution or other proceeding shall lie against and any local authority or any executive authority of a local authority, or prosecution against the Government or any officer or servant of local authority or of the in certain

cases 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.

143. 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 Punishment

for malicious on him by or under this Act, shall be punished with imprisonment which abuse of may extend to one year or with fine which may extend to one thousand powers.

rupees or with both.

Explanation. - - No prosecution shall be instituted under this section without the previous sanction of the Government.

1 This section was substituted for the original section 141 by the Adaptation of (Amendment) Order of 1950.

99

1 [143-A. The Government may, by notification and Delegation of subject to any restrictions, limitations and conditions specified powers by therein, authorize any person to exercise anyone or more of the Government . 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.]

144. If any provision relating to public health contained in any other enactment in force in the 2 [State of Tamil Nadu] Act to override

is repugnant to any provision contained in this Act, the latter other provision shall prevail and the former provision shall, to the enactments. extent of the repugnancy, be void.

145. If any difficulty arises in giving effect to the Power to provisions of this Act, the Government, as occasion may remove difficulties.

require, may, by order, do anything which appears to them necessary for the purpose of removing the difficulty.

1 Section 143-A was inserted by section 15 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).

2 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

100

SCHEDULE I

Ordinary Penalties. [See Section 134 (1).] Sub-section Fine which may Section Subject

or Clause be imposed

(1) (2) (3) (4)

24 (1) Failure of the owner or other person having control to Fifty rupees 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.

26 .. Owner of new welling house occupying or permitting Fifty rupees Its occupation without a supply of wholesome water.

28 (1) Failure to comply with notice to provide efficient Fifty rupees Drainage.

29 .. Failure to comply with notice requiring to connect a Fifty rupees House-drain with an outside drain.

30 .. Failure on the part of the owner of land to comply with One hundred notice requiring a drain for a hut on the land. rupees 31 .. Failure to comply with notice for paving or raising the Fifty rupees Level of any courtyard, etc.

32 (1) Unlawful construction of cesspool or construction of Fifty rupees Cesspool on unapproved site.

33 .. Occupying or permitting occupation of new building One hundred without drain. 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 .. Construction or reconstruction a building intended Fifty rupees for human habitation without a sanitary

convenience.

39 .. Failure to comply with notice regarding provision of Fifty rupees Sanitary conveniences or latrines.

40 (1) Failure to construct and maintain latrines in the Fifty rupees Prescribed manner.

(2) Failure to comply with notice regarding removal or Fifty rupees Improvement of latrines.

(3) Causing injury to latrines .. .... Fifty rupees 44 .. Failure to comply with notice to abate nuisance. Fifty rupees

101

46 .. Failure to comply with Magistrate's order prohibiting One hundred the use of a house or building rupees

51 (1) Depositing filth, rubbish, etc., in streets. Twenty-five rupees

(2) Easing or permitting a member of the family to Twenty-five Ease in a street, etc. Rupees

(3) Failure to cover excreta with earth Five rupees 56 .. Failure to give information regarding existence of Five rupees Certain infectious disease.

57 (2) Failure to comply with notice prohibiting the use of One hundred unwholesome water. Rupees

59 .. Exposing other persons to infection .. .. Fifty rupees 60 (a) Infected persons carrying on trade in articles of food. Fifty rupees

(b) Infected persons engaging in other occupations Fifty rupees without permit.

64 .. Failure to give information of noticed diseases. Ten rupees 67 .. Failure to close lodging houses, etc. .. . One hundred rupees

68 .. Sending infected clothes to a laundry or diespositing Fifty rupees Infected articles in a receptacle for refuse matter. 69 (1), (2) Using or permitting use of public conveyance by an Fifty rupees

(3) & (5) infected person. 70 .. Letting or sub-letting of infected building without a Fifty rupees Permit.

71 .. Exposing other persons to infection .. .. Fifty rupees 72 (1) Failure to comply with notice forbidding work in Fifty rupees Infected premises.

73 .. Use of books from public libraries by infected Fifty rupees Persons, etc.

74 (1), (2) Delay in disposing of dead body of an infected Fifty rupees

(4) & (5) person or allowing others unnecessarily to come in To contact with it, etc.,

75 .. Failure to comply with order Prohibiting assemblages One hundred Of¹[more than 50 persons]. Rupees.

1 These words and figures were substituted for the figures and words "50 or more persons" by clause (i) of section

102

1 [76 (2) Failure to comply with any order or direction issued One thousand by the Collector or other officer. rupees

77 (1) Failure to take steps for the destruction of rats, Twenty mice, etc. rupees

(2) Failure to comply with notice for the destruction Fifty rupees of rats, mice, etc.

79 .. Failure to give instructions to the person having Twenty Venereal disease and failure to furnish the required rupees. Information.

84 (1) Failure to comply with notice requiring steps to be Fifty rupees Taken against breeding of mosquitoes.

86 .. Permitting the deterioration of works relating to Two hundred prevention of the breeding of mosquitoes. rupees. 87 (1) Injuring or destroying anti-mosquito works Five hundred rupees

92 (a) Construction of factories, workshops, etc., in One thousand residential areas. rupees

(b) Failure of factories, workshops, etc., to comply with Five hundred restrictions imposed. rupees

94 .. Illegal erection of building on insanitary ground. Two hundred Rupees

96 (2) and (3) Failure to cease to inhabit a dwelling house declared Two hundred Unfit for human habitation or permitting it to be let rupees Or occupied as a dwelling house.

2 [97 * ** * *]

99 (a) Failure to maintain a tenement in a habitable Fifty rupees Condition.

(b) Causing or permitting a tenement to be over- Fifty rupees crowded.

101 .. Keeping a lodging house or receiving a lodger One hundred Without registration. Rupees

106 (1) Failure to affix notice. Ten rupees

(2) Refusal to allow free access to the executive One hundred Authority, etc., to all parts of the lodging house. rupees

1 This entry was inserted by clause (ii) of section 16 of the Madras Public Health (Amendment) 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 0f 1949.)

2 The entry relating to section 97 was omitted by clause (iii) of section 16 by ibid.

103

1 [107-A (1) Keeping any eating, drinking or catering One hundred establishment, hotel, tea-shop, coffee-house, cafe, rupees restaurant, refreshment room, mobile canteen,

itinerant stall, etc. without licence.

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 One hundred died of natural causes. rupees

111 (1) Unlawfully importing meat from outside the local One hundred area. rupees

113 (2) Infected person carrying on trade, etc., in articles of One hundred food. rupees

114 .. Failure to furnish information regarding the sources Fifty rupees of supply of milk or dairy produce.

115 (5) Failure to comply with the order prohibiting the Two hundred Supply of milk or dairy produce. rupees

119 .. Failure to inform the proper authority about the Fifty rupees date and other particulars regarding fair or festival. 124 .. Failure to comply with notice to close or disinfect One hundred source of water-supply. Rupees

125 (1) and (3) Accommodating visitors without licence, or Fifty rupees Infringing conditions of licence.

SCHEDULE II

Penalties for continuing Breaches. [See section 134 92).]

24 (1) Failure of the owner or other person having control Ten rupees 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.

26 .. Continuing to occupy a dwelling house or to permit Ten rupees Its occupation without a supply of wholesome

Water.

28 (1) Failure to comply with notice to provide efficient Ten rupees Drainage.

1 This item was inserted by section 6-A (1) of the Tamil Nadu Public Health (Amendment) Act, 1959 (Tamil Nadu Act 8 of 1959).

104

29 .. Failure to comply with notice requiring to connect a Ten rupees house-drain with an outside drain.

30 .. Failure on the part of the owner of land to comply Twenty rupees With notice requiring a drain for a hut on the land.

31 Failure to comply with notice for paving or raising the Ten rupees The level of any court-yard, etc.

32 (2) Failure to comply with notice requiring removal or Ten rupees Closure of cesspool.

34 -- Letting out silage 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 Ten rupees Human habitation without a sanitary convenience.

39 -- Failure to comply with notice regarding provision of Ten rupees Sanitary conveniences or latrines.

40 (2) Failure to comply with notice requiring removal of Ten rupees Improvement of latrines.

44 -- Failure to comply with notice to abate nuisance. Ten rupees 46 -- failure to comply with Magistrate's order prohibiting Twenty rupees Use of a house of building.

57 (2) Failure to comply with notice prohibiting the use of Twenty rupees Unwholesome water.

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 Ten rupees Without permit.

67 -- Failure to close lodging houses, etc Twenty rupees 71 -- Exposing other persons to infection Ten rupees 72 (1) Failure to comply with notice for bidding work in Ten rupees Infected premises

76 (2) failure to comply with any order or direction issued One hundred By the Collector or other officer. Rupees)

77 (1) Failure to take steps for the destruction of rats Five rupees Mice, etc.

105

84 (1) Failure to comply with notice requiring steps to be Ten rupees. Taken against the breeding of mosquitoes.

92 (a) Construction of factories , workshops, etc., in Two hundred residential areas. rupees.

(b) Failure of factories, workshops, etc, to comply with One hundred restrictions imposed. rupees.

96 (2) and (3) Failure to cease to inhabit a dwelling house declared Fifty rupees unfit for human habitation or permitting it to be let

or occupied as a dwelling house.

1 [97.................................................................................* * * * ] 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 Fifty rupees registratioin.

106