Chapter 2 PUBLIC HEALTH COMMITTEES, PUBLIC HEALTH OFFICERS: FUNCTIONS AND POWERS

1. (1) For the implementation of the provisions of this Act, the following arrangements shall come into existence from the date notified by the Government, namely:—
   • (i) the State Public Health Committee and an implementing officer called the State Public Health Officer at the State level;
   • (ii) the District Public Health Committee and an implementing officer called the District Public Health Officer at the District level;
   • (iii) the Local Public Health Committee and an implementing officer called Local Public Health Officer at the local level.
2. (2) Subject to other provisions of this Act,—
   • (i) for ensuring public health in the State, District and Local levels, the Public Health Committees shall formulate programmes in the State, District and Local levels respectively;
   • (ii) the committees shall evaluate and ensure that the action programmes fomulated by the Government from time to time, to attain the sustainable development goals in the health sector are effectively implemented at appropriate levels;
   • (iii) the Public Health Officers shall place the report regarding the activities related to the public health before the committee at least once in three months and the committee shall review the public health activities at appropriate levels.

1. (1) The State Public Health Committee shall consists of the following members, namely:—
   • (i) Minister, Health Department : Chairperson
   • (ii) Secretary, Health & Family Welfare Department : Vice Chairperson
   • (iii) Director, Health Services : Member Secretary
   • (iv) Principal Director, Local Self Government Department : Member
   • (v) Director, Medical Education : ”
   • (vi) Director, Department of Indian Systems of Medicine : ”
   • (vii) Director, Department of Homoeopathy : ”
   • (viii) Commissioner, Food Safety Department : ”
   • (ix) Director, Department of Agricutural Development and Farmers Welfare : ”
   • (x) Director, Animal Husbandary Department : ”
   • (xi) Director, Fisheries Department : ”
   • (xii) Director, Dairy Development Department : ”
2. (2) The Director, Health Services shall, by virtue of her office, be the Member Secretary of the Committee and shall be the State Public Health Officer.
3. (3) If required by the State Public Health Officer on behalf of the State Public Health Committee, the academic-research-technical assistance institutions and experts under the Health and Family Welfare Department shall take necessary steps to deal with public health issues.

1. (1) The District Public Health Committee shall consists of the following members, namely:—
   • (i) District Panchayath President : Chairperson
   • (ii) District Collector : ViceChairperson
   • (iii) District Medical Officer (Health) : Member Secretary
   • (iv) Principal of Government Medical College in the District : Member
   • (v) District Medical Officer (Department of Indian Systems of Medicine) : ”
   • (vi) District Medical Officer (Homoeopathy) : ”
   • (vii) Joint Director, Local Self Government Department : ”
   • (viii) Assistant Commissioner, Food Safety Department : ”
   • (ix) Principal Agricultural Officer : ”
   • (x) District Animal Husbandary Officer : ”
   • (xi) District Officer, Fisheries Department : ”
   • (xii) District Officer, Dairy Development Department : ”
2. (2) The District Medical Officer (Health) shall, by virtue of her office, be the Member Secretary of the Committee and shall be the District Public Health Officer.

1. (1) The Public Health Committee at Grama Panchayath Level shall consists of the following members, namely:—
   • (i) Grama Panchayath President : Chairperson
   • (ii) Medical Officer of Health Department in charge of Grama Panchayath : Member Secretary
   • (iii) Medical Officer (Indian Systems of Medicine) : Member
   • (iv) Medical Officer (Homoeopathy) : ”
   • (v) Panchayath Secretary : ”
   • (vi) Animal Husbandary Officer : ”
   • (vii) Circle Food Safety Officer : ”
   • (viii) Agricultural Officer : ”
2. (2) At Municipality/Corporation level, the Public Health Committee shall be constituted at each transferred institutions of the Health Department at urban areas. Mayor of Corporation or Municipal Chairperson concerned shall be the Chairperson and the Head of the transferred health institution shall be the Member Secretary. In the urban areas, which do not fall under the limits of such transferred health institutions, a Deputy District Medical Officer (Health) authorised by District Medical Officer (Health) shall be the Member Secretary of the committee. The following shall be the other members in the Local Public Health Committee at the Municipality/ Corporation level, namely:—
   • (i) Municipal/Corporation Secretary;
   • (ii) Medical Officer (Indian Systems of Medicine);
   • (iii) Medical Officer (Homoeopathy);
   • (iv) Animal Husbandary Officer;
   • (v) Circle Food Safety Officer;
   • (vi) Agricultural Officer.
3. (3) The Member Secretary of the Local Public Health Committee shall also hold the charge of Local Public Health Officer.

1. (1) The responsibility to implement the provisions of this Act in the State, District and Local levels shall be on the State Public Health Officer, the District Public Health Officer and the Local Public Health Officer respectively.
2. (2) Government shall have the power to delegate to the State Public Health Officer the power to issue any direction, as it deem necessary, for the implementation of the activities under this Act in accordance with the Kerala Panchayath Raj Act, 1994 (13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994).
3. (3) The State, the District and the Local Public Health Officers shall provide plan proposals relating to public health, while formulating the annual plans for the health sector by the State Government and Local Self Governments. Such suggestions shall be given based on the annual health report of their area of jurisdiction.
4. (4) Action taken report shall be submitted every month by the Local Public Health Officer to the District Public Health Officer, by the District Public Health Officer to the State Public Health Officer and by the State Public Health Officer to the Government.
5. (5) For attaining public health objectives, the State Public Health Officer shall prepare the methodology and the criteria for vector density studies, disease surveillance programmes, screening for specified diseases, clinical audit and death audit and guidelines regarding precautionary measures for prevention of communicable diseases and shall ensure its implementation.
6. (6) The State Public Health Officer shall have the power to collect information on matters of public health from public and private healthcare institutions of the State. The State Public Health Officer shall make arrangements to evaluate the said information and on the basis of such evaluation shall give recommendation to the Government in policy matters in respect of public health and shall give directions to individuals, institutions and agencies related to public health matters. All public health officers and committees concerned shall ensure the protection and privacy of individual datas collected in this manner.
7. (7) At the State Level, the State Public Health Officer through the Secretary of the Department and at the District or Local Level, the District Public Health Officer through the District Collector, may recommend to the State Government to declare public health emergency. The District Collector may declare public health emergency at district and local level subject to the sanction of the Government.
8. (8) When it is satisfied that there is necessity to have a common protocol for the treatment or prevention of diseases notified under this Act or diseases included in the National Health Programmes, the State Public Health Officer shall with the assistance of experts determined by the Government, prepare recommendation and shall submit to the Government. Such protocol as directed by the Government shall be followed by all Government and private healthcare providers and healthcare institutions.
9. (9) The State Public Health Officer shall give recommendation to the State Public Health Committee for the fixation of health protocols, to be followed by the public for surveillance of diseases, prevention and control of communicable diseases, life style diseases, any other diseases that may be notified by the Government from time to time and health hazards.

1. (1) There shall be a health inspector and other employees to assist the Local Public Health Officer for carrying out the functions under this Act.
2. (2) The Local and the District Public Health Officers may, in writing, assign an officer not below the rank of a Junior Health Inspector to take the following actions under this Act, namely:—
   • (i) to conduct inspections;
   • (ii) to issue notice;
   • (iii) to take legal actions; and
   • (iv) to take other actions as directed by the Public Health Officer.
3. (3) Subject to the supervision and control of the Public Health Officer, the officer shall be liable to carry out such directions given under sub-section (2) in the manner as prescribed.

The State and the District Public Health Officers shall under the following circumstances have the power to appoint one or more medical officers as additional public health officers temporarily for a specified period, namely:—

1. (i) when notified communicable diseases occured or a threat of its outbreak is there;
2. (ii) when there is an outbreak of epidemic diseases, or a threat of such outbreak exists;
3. (iii) when there occurs disaster or unusual deaths;
4. (iv) in a situation where people gather on a large scale in an area;
5. (v) to prevent communicable diseases or to enquire into its causes and to prevent such causes;
6. (vi) in other emergency situations in which the State Public Health Officer considers necessary to appoint such additional public health officers.

Subject to such conditions as may be prescribed, the State Public Health Officer shall have all the powers throughout the State which the Local Public Health Officer has in the local level. The State Public Health Officer may exercise these powers either directly or through District or the Local Public Health Officers, and shall also have the power,—

1. (a) to depute one or more employees of any institutions under her control for temporary duty in an area of any other institution;
2. (b) to formulate guidelines on public health criteria and to issue necessary orders for its implementation; and
3. (c) to enforce the rules, regulations, restrictions and guidelines relating to the abatement of nuisance or health hazards.

Subject to such conditions as may be prescribed, the District Public Health Officer shall have all the powers throughout the District which the Local Public Health Officer has in the local level. At the district and local level the District Public Health Officer may exercise these powers either directly or through the Local Public Health Officers, and shall also have the power,—

1. (a) to issue guidelines and to exercise supervision and control for public health activities within the District;
2. (b) to conduct public health inspections from time to time, which may be deemed necessary for the prevention of diseases and for the improvement of public health;
3. (c) to conduct enquiry and inspection regarding all types of communicable diseases, notifiable communicable diseases and health hazards; and
4. (d) to issue guidelines to Local Public Health Officer from time to time, as may deem necessary.

1. (1) The Local Public Health Officer shall ensure that the healthcare institutions within her jurisdiction are complying with the public health guidelines and rules.
2. (2) The Local Public Health Officer shall have the power to direct, any person or institution to do or refrain from doing any activity, or to change any situation that may be deem necessary for ensuring public health, within such time as specified. If such person or institution fails to do so within the time specified in the order, the public health officer shall inform the same to the local self government institution concerned and the local self government institution shall either carry out or stop or modify such activity and recover the cost incurred from the person or institution concerned in the manner as prescribed.
3. (3) In matters of public health, the Local Public Health Officer shall perform such functions and discharge such duties as applicable to her, as per the provisions under this Act and shall also have the power,—
   • (i) to impose fine on any person who fails to comply with any order issued under this Act; or
   • (ii) to compound offences for violations of any provisions or for committing of offences, which are declared to be compoundable under this Act or the Rules made thereunder.
4. (4) The Local Public Health Officer shall excercise all the powers and discharge all the duties specifically conferred by this Act or the rules made there under and shall subject to the provisions of this Act and the rules made thereunder, implement all the necessary activities in her capacity as the Local Public Health Officer.
5. (5) Without prejudice to the safety and privacy of persons, the Local Public Health Officer or an officer authorised by her shall enter into and inspect,—
   • (a) any place where any kind of nuisance has taken place or is continuing;
   • (b) any place where any offensive trade is conducted;
   • (c) any place where any article of food and beverages including drinking water are prepared, manufactured, stocked, sold, served or distributed;
   • (d) any place which exists in a polluted condition or in a condition which facilitate the spread of any epidemic disease including the multiplication of vectors or pathogens; and
   • (e) any place which the Local Public Health Officer is satisfied as necessary for the protection of public health.
6. (6) When it is found that any food or beverages are suspected to be contaminated, putrid or decayed, the Local Public Health Officer or an officer authorised by her shall have the following powers, namely:—
   • (i) to take steps including closing of establishments, when it is satisfied that there exists polluted condition particularly where food and beverages are cooked, preserved and distributed or in circumstances of the presence of non-permitted chemicals, poor hygiene of persons who handles food and beverages, lack of certificates such as medical certificate and license as per Food Safety and Standards Act, 2006 due to which there is chance for the spread of diseases or occurance of health issues;
   • (ii) to seek the service of Food Safety Officer concerned in circumstances where samples of food and beverages have to be collected and examined. She shall have the power to take steps as may be prescribed to keep them intact until sample is collected by the Food Safety Officer and prevent attempts by the owner of the establishment or others from destroying the same;
   • (iii) when there is no chance for collection of samples or when there is no possibility for ensuring that food and beverages are not sold until standards are ensured, she shall have the power to destroy food items which are suspected to be stale or decayed, if it is found necessary to prevent public health issues. However, before taking such steps she shall prepare mahazar as prescribed by the rules, by ensuring the presence of two respectable witnessess and shall ensure the proof of their presence in writing.
7. (7) Without prejudice to the safety and privacy of the persons the Local Public Health Officer or an officer authorised by her, may,—
   • (a) may inspect at any time, without notice and assistance, any place, factory, work shop, work place, office, cinema hall, hospital or other place as may appear to her necessary, including dwelling places, from where communicable diseases are reported or any place suspected to be at risk of contamination;
   • (b) take such measures, as she may consider necessary to prevent the spread of such disease beyond such place; and
   • (c) take samples of food or water or any article from any place or premises for analysis if it deem fit.
8. (8) When the Local Public Health Officer or the authorized officer takes any of the actions mentioned in sub-section (7), she shall after the completion of action and within a maximum of twenty-four hours furnish a report on the action so taken to the District Public Health Officer and the Local Self Government Institution, in the specified format.
9. (9) The Local Public Health Officer or an officer authorised by her, shall while,—
   • (a) taking action against the person or persons who contravenes any of the provisions of this Act or the rules made thereunder; or
   • (b) initiating prosecution for violations of any of the provisions of this Act or the rules made thereunder; or
   • (c) taking any action as per this Act or the rules made thereunder for the removal of nuisance as defined in sub-section (1) of section 2, file a report in writing to the Secretary of the Local Self Government Institution for placing it before the Local Self Government Institution concerned.

1. (1) All public servants under the Government shall extend all help and co-operation whenever approached in the capacity as the Local Public Health Officer for assisting or authenticating the action or in the conduct of enquiry on public health matters. Any refusal or non-cooperation noticed on the part of such officer shall be taken as a breach of conduct and indiscipline and the Local Public Health Officer shall report the same to the superior officer of the officer concerned and to the District Public Health Committee for taking appropriate disciplinary action by the disciplinary authority concerned.
2. (2) It shall be the duty of the Station House Officer concerned to assist the Local Public Health Officer when the Local Public Health Officer seeks in writing such assistance for the lawful exercise of any power under this Act or the rules or regulations made thereunder.

Every Local Self Government

Institution shall provide facilities and shall extend support to the Local Public Health Officer for the due discharge of official duties.