The Telangana Infectious Diseases Act, 1950

(a) This Act may be called the Telangana Infectious Diseases Act, 1950. (b) It extends to the whole of the State of Telangana. (c) It shall come into force from the date of its publication in the Official Gazette.

In this Act unless there is anything repugnant in the subject or context,– (1) “Building” includes a house, outhouse, stable, latrine, godown, shed, urinal, hut and any other such structure, whether of masonry, wood, bricks, mud, metal or any other material whatsoever; (2) “Dwelling House” means a building constructed, used or adapted to be used, wholly or principally, for human habitation or in connection therewith; (3) “Executive Authority” means the President or such other functionary of a local authority as is vested with general executive powers; (4) “Factory” means any premises including the precincts thereof, wherein any industrial, manufacturing or trade process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency; (5) “Food” includes every article consumed or used by man, for food, drink, or chewing, and all materials used or admixed in the composition or preparation of such article and shall also include flavouring and colouring matter and condiments; (6) “Health Officer” means the Health Officer employed by the local authority concerned or if there is no such officer, the Health Officer of the district; (7) “Hut” means any building which is constructed principally of wood, mud, leaves, grass thatch, thatees or metallic sheets, and includes any temporary structure of whatever size or any small building of whatever material made which the local authority may declare to be a hut for the purposes of this Act; (8) “Infectious Disease” means (a) acute influenza pneumonia, (b) anthrax, (c) cerebro-spinal fever, (d) chicken-pox, (e) cholera, (f) diphtheria, (g) enteric fever, (h) leprosy, (i) measles, (j) plague, (k) rabies, (l) relapsing fever, (m) scarlet fever, (n) small-pox, (o) tuberculosis, (p) typhus, (q) yaws, (r) any other disease which the Government may, from time to time, by notification in the Official Gazette declare to be an infectious disease either generally throughout the State or in such part or parts thereof as may be specified in the notifications; (9) “Local Area” means the area within the jurisdiction of a local authority; (10) “Local Authority” means- (i) in a municipality, the Municipal Committee; (ii) in a town not being a municipality, the Town Committee; (iii) in a cantonment, the Cantonment Board; (iv) in an area under the control of a District Board, that Board; (11) “Lodging House” means a hotel, boarding house, choultry, dharmasala or rest-house not maintained by the Government or a local authority, or any place where casual visitors are received and provided with sleeping accommodation with or without food, on payment, but does not include,- (a) a students’ hostel under public or recognized control, or (b) a house used for the accommodation of visitors to a fair or festival, or (c) retiring rooms provided in railway premises for the use of passengers or railway servants; (12) “Medical Practitioner” means any person practising medicine including a practitioner of an indigenous system of medicine; (13) “occupier” means any person in actual possession of any land or building or part thereof, and includes an owner in actual possession, and a tenant or licensee, whether such tenant or licensee is liable to pay rent or not; (14) “Owner” includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate or for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used; (15) “Work place” means any premises including the precincts thereof, (not being a factory or a workshop) wherein is carried on any industrial, manufacturing or trade process, at which not less than five persons are employed for wages or any other remuneration; (16) “Workshop” means any premises including the precincts thereof (not being a factory), wherein any article or part of an article is made, repaired, altered, ornamented, finished or otherwise adapted for use on a commercial basis and not less than five persons are employed for that purpose for wages or any other remuneration.

(a) Every medical practitioner who in the course of his practice becomes cognizant of the existence of any infectious diseases in any private or public dwelling other than a public hospital, or of any mortality among rats, cats squirrels, monkeys or other animals in circumstances suggesting that the mortality is attributable to an infectious disease transmissible to man, and (b) every person in charge (in the capacity of manager of a factory, head of an institution, head of a family, owner or occupier, or in any other capacity whatsoever) of any premises who knows or has reason to believe that in such premises any person is suffering from, or has died as the result of, an infectious disease or that there has been in such premises any mortality among rats, cats squirrels, monkeys or other animals in circumstances suggesting that the mortality is attributable to an infectious disease transmissible to man, shall, if the case has not already been reported, convey information of the same with the least possible delay,- (1) (a) in a Municipal area, to the Executive Authority, or Health Officer, or to a Health or Sanitary Inspector; (b) in any other area, to the Health Officer or to a Health or Sanitary Inspector, or to the village Headman; and (2) to such authority, if any, as Government may by notification in the Official Gazette specify in this behalf.

(1) The Health Officer or any person authorised by him in this behalf may,- (a) at all reasonable hours, inspect with or without assistants any place in which any infectious disease is reported or suspected to exist, without notice in the case of factories, workshops, workplaces, offices, business places and the like and after giving such notice as may appear to him reasonable in other cases, including dwelling houses, and (b) take such measures as he may consider necessary to prevent the spread of such disease beyond such place. (2) The powers conferred by sub-section (1) on the Health Officer, may, in municipal areas, be exercised also by the Executive Authority or any person authorised by such authority. (3) Whoever obstructs the exercise of the powers conferred by sub-section (1) or sub-section (2), shall be punishable with imprisonment which may extend to three months or with fine not exceeding Rs. 100 or with both.

(1) If it appears to the Health Officer that any person is suffering from an infectious disease, and that such person,- (a) (i) is without proper lodging or accommodation, or (ii) is lodged in a place occupied by more than one family, or (iii) is without medical supervision directed to the prevention of the spread of the disease, or (iv) is in a place where his presence is a danger to the people in the neighbourhood; and (b) should be removed to a hospital or other place at which patients suffering from such diseases are received for treatment the Health Officer may remove such person or cause him to be removed to such hospital or place. (2) If any women who, according to custom, does not appear in public, is removed to any such hospital or place:- (i) the removal shall be effected in such a way as to preserve her privacy; and (ii) special accommodation shall be provided for her in such hospital or place. (3) No person shall leave, or be taken away from any hospital or other place referred to in sub-section (1) without Whoever,- (a) obstructs the removal of any person to any hospital or other place under sub-section (1), or (b) leaves or takes away any person from, any such hospital or place in contravention of sub-section (3) shall be punished with imprisonment which may extend to, three months, or with fine not exceeding Rs. 100 or with both.

No person who knows that he is suffering from an infectious disease shall expose other persons to the risk of infection by his presence or conduct in,– (a) any street or public place, (b) any market, theatre or other place of entertainment or assembly, or (c) any school, college, play ground or other similar place, or (d) any hotel, hostel, boarding house, choultry rest-house or club, or (e) any factory or shop. Explanation:- A person shall be deemed to know that he is suffering from an infectious disease within the meaning of this section if he has been informed by the Health Officer or any other officer of the Public Health Department of the Government not below the rank of a Health Inspector, or by a medical practitioner that he is so suffering.

No person shall, while suffering from, or in circumstances in which he is likely to spread, any infectious disease; (a) make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food for human consumption; (b) engage in any other occupation without a special permit from the Health Officer of the local authority concerned or otherwise than in accordance with the conditions specified therein.

(1) If it appears to the Health officer that the destruction of any hut or shed or of any bedding or other article likely to retain infection is necessary to prevent the spread of any infectious disease, he may, after giving to the owner such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof or as the case may be such bedding or other article destroyed. (2) Such compensation as the local authority may consider reasonable, shall be paid to any person who in its opinion sustains loss by the destruction of any hut, shed, bedding, or other article under the powers conferred by sub-section (1) 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.

If, on the application of the Health Officer, the executive authority is satisfied that it is necessary in the interests of public health that a lodging house or any place where articles of food are sold, prepared, stored, exposed for sale, or distributed, should be closed on account of the existence or recent occurrence in such lodging house, or place of a case of infectious disease, the executive authority may by order, direct it to be closed until the expiry of such period as may be specified in the order or until it is certified by the Health Officer to be free from infection.

No person shall,- (1) send or take to any laundry or public wash-house or any public water-course, tank or well, for the purpose of being washed, or to any place for the purpose of being cleaned, any clothing, bedding or other article which he knows to have been exposed to infection from an infectious disease, unless such article has been disinfected by, or to the satisfaction of the Health Officer or unless under instructions from him, it is sent with proper precautions to a laundry for the purpose of disinfection with notice that it has been exposed to infection; (2) place or cause or permit to be placed in any dustbin or other receptacle for the deposit of refuse any matter which he knows to have been exposed to infection from any infectious disease and which has not been disinfected.

(1) No person who knows that he is suffering from an infectious disease shall,- (a) enter any public conveyance used for the conveyance of passengers at separate fares, or (b) enter any other public conveyance, without previously notifying the owner, driver or conductor thereof that he is so suffering. (2) No person having the care of a person whom he knows to be suffering from an infectious disease shall permit that person to be carried,- (a) in any public conveyance used for the conveyance of passengers at separate fares, (b) in any other public conveyance, without previously notifying the owner, driver or conductor thereof that the person is so suffering. (3) The owner, driver or conductor of a public conveyance used for the conveyance of passengers at separate fares shall not convey therein a person whom he knows to be suffering from an infectious disease, at any time when a passenger not suffering from such disease is being conveyed therein: Provided that a person suffering from an infectious disease may be conveyed in the public conveyance aforesaid, in such cases of emergency and subject to such restrictions and safeguards as may be notified by Government. (4) The owner or driver of any other public conveyance may refuse to convey therein any person suffering from an infectious disease until he has been paid a sum sufficient to cover any loss and expense which will be incurred by reason of the provisions of the next succeeding sub-section. (5) If a person suffering from an infectious disease is conveyed in a public conveyance, the person in charge thereof shall as soon as practicable give notice to the Health Officer of the local area in which the conveyance is usually kept and before permitting any other person to enter the conveyance shall cause it to be disinfected. (6) The Health Officer when so requested by the person in charge of a public conveyance in which a person suffering from an infectious disease has been conveyed shall provide for its disinfection.

No person, shall without a special permit from the Health Officer, let or sub-let or permit or suffer any prospective tenant to enter, a building in which he knows or has reason to believe that a person has been suffering from an infectious disease within the three months immediately preceding.

(1) If there occurs on any premises,- (a) a case of infectious disease, or (b) any mortality among rats, cats, squirrels, monkeys or other animals in such circumstances as are referred to in section 3, the Health Officer may, whether in the case referred to in clause (a) the person suffering from the disease has been removed from the premises or not, make an order forbidding any work to which this section applies to be given out to any person living or working on these premises or in such part thereof as may be specified in the order, and any order so made may be served on the occupier of the factory from which the work is given out or on any contractor employed by such occupier, (2) An order under this section may be expressed to be operative for a specified time or until the premises or any part thereof specified in the order have been disinfected to the satisfaction of the Health Officer, or may be expressed to be inoperative so long as any other reasonable precautions specified in the order are taken. (3) This section applies to the making, cleaning, washing, altering, ornamenting, finishing or repairing of wearing apparel and any work incidental thereto, and to such other classes of work as may, from time to time be notified by the Director of Public Health. (c) The expenses of the removal and disposal of any body under clause (a) or clause (b) shall be borne by the local authority, but such expense may be recovered, as if it were a tax due to it, by the local authority from any person who would have been legally liable therefor but for such removal and disposal unless in the opinion of the local authority he is too poor to admit of the recovery of such expense. (4) (a) If any person dies in a hospital or a place of temporary accommodation for the sick while suffering from an infectious disease and the Health Officer certifies that in his opinion it is desirable, in order to prevent the spread of infection, that the body should not be removed from such hospital or place except for the purpose of being taken direct to burial or burning ground or a crematorium for being forthwith buried or cremated, no person shall remove the body from the hospital or place except for such a purpose. (b) When the body is removed for the purpose aforesaid it shall forthwith be taken direct to a burial or burning-ground or a crematorium, and there buried or cremated with the least practicable delay. (5) Without the permission of the Health Officer no person shall cause or permit to be carried in a public conveyance the dead body of any person who had died while suffering from an infectious disease.

No person who knows that he is suffering from any infectious disease shall take any book, or cause any book to be taken for his use, or use any book taken from any public or circulating library.

(1) No person having the charge or control of the body of any person who has died while suffering from an infectious disease shall permit or suffer persons to come unnecessarily into contact with, or proximity to the body. (2) No person shall, without the sanction in writing of the Health Officer or of a person authorised by him in this behalf, retain in any premises (elsewhere than in a public mortuary) for more than twelve hours the body of any person who has died while suffering from an infectious disease. (3) (a) If any such body (not being a body kept in a mortuary) remains undisposed of for more than twelve hours without the sanction referred to in sub-section (2), or if the dead body of any person is retained in any building so as to endanger the health of the inmates of such building, or of any adjoining or neighbouring building, any Magistrate may, on the application of any Health Officer or of a person authorized by him in this behalf order the body to be removed and disposed of within a specified time. (b) A Magistrate may, in the case of the body of a person who has died while suffering from an infectious disease or in any other case in which he considers the immediate disposal of the dead body necessary, direct the body to be so disposed of, unless the friends or the relatives of the deceased undertake the disposal of the body within a time specified in the order.

(1) In the event of the prevalence or threatened outbreak 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 outbreak of an infectious disease, and (b) confer on the Health Officer or any other officer of the local authority concerned, or any officer of the Government all or any of the powers specified in sub-section (2). (2) The powers which may be conferred under sub-section (1) are,- (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 inoculations compulsory subject to the provisions of sub-section (3); (c) power to direct,- (i) that persons arriving from place outside the local area, or residing in any building adjacent to, or in the neighbourhood of, an infected building, shall be examined by any specified medical officer or by anyone 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 restrictions on the movements of such persons, and in case, (ii) the destruction of such articles and the placing of restriction 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 grain exported from or imported into, such area by rail, road or otherwise, shall be examined, and if necessary, unloaded and disinfected in any specified manner; and (f) power to close all or any existing markets and to appoint special places where markets may be held. (3) (a) If any person, or a child in the care of any person is sought to be vaccinated or inoculated in pursuance of the power referred to in clause (b) of sub-section (2) and such person 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 restriction, 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 or to a child in the case of 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) Any officer on whom powers are conferred by a notification under sub-section (1) shall, subject to such limitations, restrictions and conditions, if any, as the Government may in the same or in any subsequent notification impose, exercise every power so conferred on him until it is withdrawn by notification. (5) 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.

In the event of the prevalence of an infectious disease in any local area, any magistrate, having local jurisdiction shall on the application of the Health Officer, have power to prohibit either generally, or by special order in any individual case, assemblages consisting of any number of persons exceeding fifty in any place whether public or private, or in any circumstances, or for any purpose, if in his opinion such assemblages in such place, in such circumstances, or for such purpose, would be likely to become a means of spreading the disease or of rendering it more virulent.

(1) The occupier of every premises, or if the premises are unoccupied, the owner thereof, shall take such steps as may be reasonably practicable for the destruction of rats, mice and other animals susceptible to plague infecting such premises. (2) Where the Health Officer is of opinion that the occupier or owner of any premises has failed to fulfil the obligation laid on him by sub-section (1) he may either,- (a) serve a notice on such occupier or owner, requiring him to take such steps and within such time as may be specified in the notice, or (b) enter upon such premises and take such steps as may be necessary for the purpose of destroying the rats, mice and other animals susceptible to plague infecting the same, after giving not less than twenty-four hours previous notice to such occupier or owner. (3) Any expenses incurred under clause (b) of sub-section (2) may be recovered by the local authority concerned from the occupier or owner, as the case may be, as if it were a tax due from him to the local authority.

If, in any local area, any infectious disease transmissible to man breaks out or is, in the opinion of the Health Officer, likely to break out, amongst cattle or other animals, it shall be the duty of the Health Officer to recommend to the local authority the adoption of such measures as he may deem necessary for suppressing or mitigating the disease or for preventing the outbreak or threatened outbreak thereof and the local authority shall consider such recommendations and take such action thereon as to it may seem suitable. (iii) enter into an agreement with any person having the management of any such hospital, for the reception and treatment therein, of persons suffering from infectious diseases; (c) for the purpose aforesaid, two or more local authorities may in combination provide a common hospital or place of reception. (2) A local authority shall not be deemed to have discharged its obligation under sub-section (1) unless the hospitals, wards or places of reception in question are maintained in accordance with such general or special orders as may from time to time be issued by the Director of Public Health.

(1) In the event of the prevalence or threatened outbreak of any infectious disease in any local area, or of any unusual mortality therein, the local authority concerned shall provide such additional staff, medicines, appliances, equipment and other things as may, in the opinion of the Director of Public Health be necessary for the treatment of such infectious disease and preventing it from spreading, or for investigating the cause of such mortality and preventing it, as the case may be. (2) In the event aforesaid, if the Director of Public Health considers that immediate action is necessary in the interest of public health, he may with the previous sanction of Government, notwithstanding anything contained in sub-section (1), appoint such additional staff and obtain such medicines, appliances, equipment and other things as may be necessary and the expenses incurred in respect thereof shall be met from the funds of the local authority. (3) Every appointment made under sub-section (2) shall be reported forthwith to the executive authority and by such authority to the local authority concerned at its next meeting.

(1) (a) The local authority may, and if so required by Government, shall, provide or cause to be provided, hospitals, wards or other places for the reception and treatment of persons suffering from infectious disease; (b) for the purpose of the reception and treatment of such persons a local authority may,- (i) itself build such hospitals, wards or places of reception, or (ii) contract for the use of any such hospital or part of a hospital or place of reception,

22. A local authority may, and if so required by the Director of Public Health, shall,– (a) provide and maintain suitable conveyances, with sufficient attendants and other requisites, for the free carriage of persons suffering from any infectious disease; and (b) provide proper places and apparatus and establishment, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection and when any conveyance, clothing, bedding or articles are brought to any such place for disinfection, may cause them, at its discretion, to be disinfected, either free of charge, or on payment of such fee as it may fix.

23. (1) If it appears to the Health Officer that the water in any tank, well or other place, if used for drinking or any other domestic purpose, is likely to endanger or cause the spread of any infectious disease he may by public notice, prohibit the removal or use of the said water generally or for any specified domestic purpose. (2) No person shall remove or use any water in respect of which any such notice has been issued in contravention of the terms thereof.

24. (1) The Health Officer may, in case of emergency, with the sanction of the Collector, enter upon, occupy and use, or depute any person to enter upon, occupy and use any building or place which in the opinion of the Health Officer, is required, and is suitable for any purpose connected with the prevention or control of infection from an infectious disease: Provided that, if the building or place is occupied, notice shall be given in writing to the occupant, or be conspicuously affixed on such building or place, not less than thirty-six hours before it is entered upon. (2) The owner or lessee of such building or place shall be entitled to compensation for any damage or expenses incurred and to a reasonable rent for the period during which it has been occupied or used, for any of the purposes referred to in sub-section (1). Such compensation and rent shall be fixed by the Collector. (3) The Health Officer shall, when any such building or place ceases to be occupied or used for any of the purposes aforesaid, cause it to be thoroughly disinfected and cleansed.

25. (1) Whoever- (a) contravenes any of the provisions of this Act specified in the first and second columns of Schedule I, or (b) contravenes any rule or order made under any of the provisions so specified, or (c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him, under or in pursuance of any of the said provisions, shall be punished with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule. (2) Whoever after having been convicted of,- (a) contravening any of the provisions of this Act specified in the first and second columns of Schedule II, or (b) contravening any rule or order made under any of the provisions so specified, or (c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him, under or in pursuance of any of the said provisions, continues to contravene the said provision or the said rule or order, or continues to fail to comply with the said direction or requisition, shall be punished for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule. Explanation:- The entries in the third column of Schedules I and II headed "Subject" are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof, or even as abstracts of those provisions, but are inserted merely as references to the subject dealt with therein.

26. Government may by notification in the Official Gazette make rules consistent with this Act for the carrying out of the purposes thereof.

27. Any provision of law in force immediately before the commencement of this Act which is inconsistent with this Act shall, to the extent of the inconsistency, cease to have effect save as respects things done or omitted to be done before the commencement of this Act.