Power of Government to confer special powers on Officers to control infectious diseases

The Madhya Pradesh Public Health Act, 1949

Health1949155 sections

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Statutory text

(1) In the event of the prevalence or threa-tened out-break of an infectious disease in any local area, the Government may, by notification—
- (a) declare that such local area is visited or threatened with an out-break of such disease, and
- (b) confer on the Health Officer or any other Officer of the local authority concerned, or on any Officer of the Government not below the rank of Tahsildar, all or any of the powers specified in sub-section (2).
(2) The powers which may be conferred under sub-section (1) are—
- (a) powers to order the evacuation of infected house and houses adjoining them or in their neighbourhood, or generally of all houses in any infected locality;
- (b) power to make vaccination and preventive inoculations compulsory subject to the provisions of sub-section (3);
- (c) power to dirct—
  - (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 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 his 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—
  - (i) in respect of, or in relation to persons exposed to infection from any infectious 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 infectious disease, or likely to infect persons with any such disease, including, in case
  - (i) the placing of restriction 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 grains exported from, or imported into, such area by rail, road or 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 market may be held; and
- (g) power to recommend the prohibition of any fair or festival. (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 from 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 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 imprisonment which may extend to three months, or with fine, or with both.
(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.

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