- (1) Every Municipality may, subject to
such limitations, restrictions and conditions as may be prescribed
in this behalf, exercise all or any of the powers specified in subsection (2) for prevention of dangerous diseases.
(2) The powers which may be exercised under the
preceding sub-section are -
(a) power by order which may be either of special or
general application to direct that every medical
practitioner who knows or may have reason to
believe that any person whom he has visited in his
professional capacity in any dwelling not being a
hospital or that every manager of any factory or
educational institution or every head of household
who knows or has reason to believe that any person
who resides in any dwelling under the management
or control of any such manager or head of a
household is suffering from dangerous disease shall
give information of the same with the least
practicable delay to such person as may be
designated by the Municipality in that behalf;
(b) power to direct or authorize the inspection, without
notice or with such notice as to the person directed
or authorized to inspect appears reasonable, of any
place in which any dangerous disease is reported or
suspected to exist and the taking of measures to
prevent the spread of the disease beyond such
place;
(c) power to prohibit the removal of water for the
purpose of drinking from any well, tank or other
place which may appear to the Municipality, on the
advice of the authorities of the medical and health
department, health officer, likely to cause the
spread of any dangerous disease;
(d) power to direct or cause the removal, on a
certificate signed by the Health Officer of the
Municipality or any duly qualified Medical
Practitioner authorized by the Municipality in this
behalf, of any person who is without proper
lodging or accommodation, or who is lodged in a
room or set of apartments occupied by more than
one family, or in a place where his presence may be
a danger to the neighbourhood, and who is
suffering from an infectious disease, to any hospital
or place at which persons suffering from the said
disease are received for medical treatment and to
prohibit the person so removed from leaving such
hospital or place without permission of the
Municipality;
(e) power to require by written notice, the owner or
occupier of any building or part of a building or a
person owning or in-charge of any article therein to
cleanse and disinfect such building or part thereof
or article either at his own expense or in case of
poverty or for any other cause which the
Municipality in the circumstance of the case
considers reasonable, of the expense of the
Municipality;
(f) power to prohibit the letting of or the providing of
accommodation in any hotel, dharamshala or
musafirkhana in which a person has been, or in
which there is reason to believe that a person has
been, suffering from a dangerous disease unless
and until the person desiring to so let or provide
accommodation shall have the building or part
thereof and any article therein likely to retain
infection disinfected to the satisfaction of the
Municipality or any such officer as the
Municipality appoints in this behalf;
(g) power with the previous permission in each case of
a Magistrate to destroy any unsanitary huts or sheds
in which there is reason to believe that persons
have been suffering from any dangerous disease;
(h) power to provide the means, and to prescribe
places, for disinfecting or washing clothes, or other
articles which have been exposed to infection from
any dangerous disease or to direct the destruction
thereof;
(i) power -
(i) to provide and maintain suitable
conveyances for the free carriage of persons
suffering from dangerous diseases;
(ii) where such provision has been made, to
prohibit the conveyance of such persons
in all or any public conveyance; and
(iii) to direct that conveyances that may at any
time be used for conveying such persons
shall be immediately disinfected;
(j) power to prohibit -
(i) any person suffering from a dangerous
disease from wilfully exposing himself,
without proper precautions against the
spread of the said disease in any street or
in any school or factory or in any hotel,
dharamshala, musafirkhana or other place
of public resort; and
(ii) any person in-charge of the person so
suffering from so exposing the sufferer;
and
(k) power to prohibit any person from removing to
another place, or transferring to another person
except for the purpose of disinfection, any article
which the person prohibited knows or has reason to
believe has been exposed to infection of any kind
whatsoever from a dangerous disease.
(3) The Municipality may give compensation to any
person who sustains substantial loss by the destruction of any
property under this section, but except as allowed by the
Municipality, no claim for compensations shall lie for any loss or
damage caused by any exercise of the powers specified therein.
(4) Any person who in a Municipality disobeys any order
which is for the time being in force and which has been passed by
the Municipality in exercise of any powers conferred on it by this
section, or obstructs any officer of the Municipality or other
person acting under the authority of the Municipality in carrying
out executively any such order, shall be punished with fine which
shall not be less than two thousand rupees but which may extend
to five thousand rupees.
(5) The State Government may at any time-
(a) withdraw any power conferred on a Municipality
by or under this section, or
(b) cancel or modify any limitation, restriction or
condition prescribed in respect of any such
power, or
(c) cancel any order passed by a Municipality in
exercise of any such power.