Power of Government to confer special powers on officers to control notified disease

(1) (a) In the event of the prevalence or threatened outbreak of a notified disease in any place or area, Government may declare that such place or area is visited by or threatened with, an outbreak of such disease. (b) The power conferred on the Government by clause (a) may also be exercised, in the case of a place or area situated in a district, by the Collector of the district subject to the control of the Government. (c) Any declaration made by the Government under clause (a) or withdrawal thereof in whole or in part shall be published in the Official Gazette and shall come into operation on the date of such publication. (d) Any declaration made by the Collector under clause (b) or withdrawal thereof in whole or in part shall be published in the Official 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 (2) When a declaration under clause (a) or clause (b) of sub-section (1) comes into operation, and until withdrawn, the Collector or any person duly authorised by him by general or special order, or if empowered in this behalf by rules made under this Act, the Health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 Government other than the Collector may, subject to such exceptions, restrictions, limitations and conditions as may be prescribed either generally or in the case of the notified disease to which the declaration relates, exercise the following powers, namely:— (a) power to order the evacuation of infected houses and houses adjoining them or in their neighbourhood, or generally of all houses in an infected locality; (b) power to make vaccination and preventive innoculations 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 neighbouring of, an infected building, shall be examined by any specified medical officer or by any one of a specified class of medical officers; (ii) that the clothing, bedding or other articles belonging to such persons shall be disinfected, if there is reason to suspect that they have been exposed to infection; and (iii) that any such person shall give address and present himself daily for medical examination at a specified time and place, for a period not exceeding ten days; (d) power to take such measures as may be necessary 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 (i) the placing or restrictions on the movements of such persons, and (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 any consignment of grain exported into such area by rail, road or otherwise, shall be examined and, if necessary unloaded and disinfected in any specified manner; (f) power to close all or any existing markets and to appoint special places where markets may be held; and (g) power to direct the local authorities to take such measures as may be necessary in respect of cattle within local area; (3) (a) If any person who, or a child in whose care, is sought to be vaccinated or innoculated in pursuance of the power referred to in clause (b) of sub-section (2) declare 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 innoculation, 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 representation by him or on his behalf exempt such person or child from vaccination or innoculations, on such person aforesaid undertaking to subject himself and the members of his family to isolation of such description and for such period and to such further restrictions, if any, as may be, directed by the Magistrate: Provided that any exemption granted under this clause shall cease to have effect after a conviction under clause (b) and no exemption, shall be granted to any person who has been so convicted. (b) Any person who commits a breach of any undertaking given by him under clause (a) shall be punished with fine which may extend to Rs. 25,000/- (4) The local authority may, in its discretion give compensation to any person who, in its opinion 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.