Chapter 12 MISCELLANEOUS

1. (1) The Committee shall meet at least once in three months, at the time and place as may be fixed by the Chairperson. The quorum and the procedings of the meeting shall be, as may be prescribed.
2. (2) In case of urgent situations, the Member Secretary shall convene the meetings as per the direction of the Chairperson.
3. (3) All members shall attend the meetings and if a member, in any unavoidable reason, is not in a position to attend any of the meeting of the Committee, such member shall inform the matter to the Chairperson of the Committee by prior notice in writing and with the permission of the Chairperson, another responsible officer can attend such meeting on behalf of such member.
4. (4) In relation to a matter, which comes up for the consideration of the meeting, officers of other departments or subject experts may be included as invitees with the permission of Chairperson.

1. (1) Whenever notice is to be given under this Act or any rule, regulation or order made thereunder, such notice or order shall be in writing and shall be given,—
   • (a) by serving or tendering to such person; or
   • (b) if such person cannot be found, by leaving it at their last known place of abode or business or by giving or tendering to the adult member of the family; or
   • (c) even if such person does not reside in such local area and her address elsewhere is known, the same may be send in that address by registered post; or
   • (d) if none of the manner as aforesaid is available, by affixing it in some conspicuous part of such place of abode or busines.
2. (2) If a person is the owner or occupier of any building, it shall be necessary to mention the name of such owner or occupier in the notice or order, and in the case of joint owners and joint occupiers it may be sufficient to serve it to any one of such owners or occupiers.

1. (1) Any person or institution who contravenes the other provisions of this Act except the provisions of sub-section (8) of section 15, sub-section (7) of section 18 and sub-section (3) of section 20 shall be liable to the penalty specified in the following table, namely:- TABLE Sl. No. Section Offence Penality
2. (1) (2) (3) (4)

thousand rupees and which may not exceed twenty five thousand rupees.

1. (2) A person or institution after conviction for first time for an offence provided in columns 2 and 3 of the table under sub-section (1), or repeats such an offence after the offence has been compounded, shall be liable to fine for twice the amount specified in column (4).

1. (1) Except as otherwise provided in this Act no court shall, take cognizance of such an offence unless a complaint in writing is made by the Local Public Health Officer, or by a person duly authorized in this behalf within three months from the commission of the offence, as per this Act.
2. (2) The offences punishable under this Act except the offences under sub-section
3. (8) of section 15 and sub-section (3) of section 20 shall be non-cognizable and shall be triable by a Court of Judicial Magistrate of the First Class.

Notwithstanding anything contained in sub-

section (2) of section 29 of the Code of Criminal Procedure, 1973(Central Act 2 of 1974), the

court of judicial magistrate of the first class shall have jurisdiction to impose penalty for the offences under sub-section (8) of section 15 and sub-section (3) of section 20 with a fine upto two lakh rupees and twenty five thousand rupees respectively.

1. (1) Notwithstanding anything contained in the Code of Criminal Procedure 1973, any offence except offences for which imprisonment alone or both imprisonment and fine are provided under this Act, may be compounded, on an application made by a person against whom an offence is alleged to have been committed either before the institution of the prosecution or after the initiation of prosecution, with the permission of the court concerned, by the Local Public Health Officer for an amount which is prescribed in the rules made under this Act.
2. (2) The Local Public Health Officer shall submit a monthly report regarding the offences to be compounded as per sub- section (1) to the Local Public Health Committee .
3. (3) Application for compounding of offences shall be submitted in the manner prescribed.
4. (4) When an offence is compounded before initiation of prosecution no prosecution proceedings of such offence shall be initiated against whom compounding had been entered into: Provided that, prosecution shall be initiated when the person repeats the same offence after compounding of an offence and such an offence shall not be compounded.

In matters specified under this Act, an appeal shall lie to the District Public

Health Committee against the decisions or proceedings of Local Public Health Officer and to the State Public Health Committee against the decisions or proceedings of District Public Health Officer and to the Government against the decisions or proceedings of State Public Health Committee and the decision of the Government thereon shall be final .

Any person aggrieved by the decision of the District Public Health

Committee under section 69 may file revision before the State Public Health Authority and may submit to the Government the objections thereon and the decision of the Government therein shall be final .

No civil court shall have the jurisdiction to

entertain any suit, application or petition against any proceedings or decision done or purported to be done or taken or purported to be taken by the Public Health Officer or by any other officer authorised by her or the Public Health Committe by exercising any powers as per this Act or rules made thereunder.

No suit, prosecution or other legal

proceedings shall lie against the Public Health Officer or any officer acted as authorised by her or the Public Health Committee or the Members or Secretary of the Committee for anything

done or intended to be done in good faith in respect of any matter as per the provisions of this Act or the rules made thereunder.

The provisions of this Act shall be in

addition to and shall not be derogatory to the provisions of any other laws for the time being in force.

The

members of the Public Health Committee, the Public Health Officers and any officer or employee acting as authorised by them, shall, whenever they are working or deemed to have been working in accordance with the provisions of this Act or the rules and regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

The Government may, by notification, and

subject to any restrictions and limitations that may be specified therein authorize any person to exercise one or more of the powers conferred by this Act and may in like manner withdraw such power:

Provided that nothing contained in this section shall apply to the power of the Government to make rules under this Act as per section 81.

For the purpose of enforcing the provisions of this Act, the Local Public Health Officer or an officer not below the rank of Junior Health Inspector authorised by her, may, without prejudice to the safety and privacy of persons, enter into and inspect any institution, building and premise:

Provided that, no entry shall be made,—

1. (a) to such places between sunset and sunrise unless there is an urgent necessity;
2. (b) to the dwelling house without the permission of the dewellers unless two hours prior notice is given to the dwellers as to the intention of such entry.

Whenever

an inspection is conducted and before imposing fine as per this Act, the Local Public Health Officer shall consider whether any other authority empowered under any other law for the time being in force is or has been initiated proceeding and shall ensure that no contradictory decision is taken on the same matter.

1. (1) Immediately after the commencement of this Act there shall be constituted a Fund by name Public Health Fund for the implementation and co-ordination public health activities. Any fine imposed under this Act, other fees and any other amount collected shall be credited to the Fund in the manner prescribed. The amount in this Fund shall be utilized for the public health activities of the Local Self Government Institutions concerned.
2. (2) The administrative control, functions, maintenance of accounts and audit etc. of the Fund shall be in the manner as prescribed.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this Act and which appears it to be necessary or expedient for removing such difficulty: Provided that, no order under sub-section (1) shall be issued after the expiry of two years from the date of commencement of this Act.
2. (2) Every order issued under sub-section (1) shall be laid as soon as may be after it is made before the Legislative Assembly.

1. (1) The State Public Health Officer may, with the previous approval of the Government, make regulations consistent with this Act or the rules made thereunder for carrying out the purposes of this Act.
2. (2) Every regulation made under this Act, shall be laid as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions.

1. (1) The Government may, by notification, make rules either prospectively or retrospectively, for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the powers conferred by sub-section (1), the Government may make rules with respect to all matters expressly required or permitted under this Act.
3. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that, any such modification or annulment shall not be without prejudice to the validity of anything previously done under that rule.

1. (1) Notwithstanding that the Kerala Public Health Ordinance, 2022 (15 of 2022) ceased to operate on 15th January 2023, anything done or deemed to have been done or any action taken or deemed to have been taken as per the penal provisions of the said Ordinance shall be deemed to have been done or taken under this Act.
2. (2) Anything done or any action taken as per the provision of this Act, except the penal provisions, within a period from the date of commencement to the date of publication of this Act in the Gazette, which could have been done or deemed to have been taken as per the provisions, had the provisions were in existence in the said period, shall be deemed to have been done or taken as per the provisions of this Act in so far as they are not inconsistent with the provisions of this Act. ____________________________________________________________________________________________________________________________ PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2023