Panchayat:Repo18/vol2-page0076

61. Occupation of houses to prevent the spread of infection.-

(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, without having recourse to the provisions of the Land Acquisition Act for the time being in force, any building or place which, in the opinion of the Health Officer, is required, and is suitable for any purposes connected with the prevention or Control of infection from a notified 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 forty-eight 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 had 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 compensation fixed under sub-section (2) shall be paid by the local authority concerned.

(4) 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.

62. Information regarding notified diseases-

Every medical practitioner who, in the course of his practice, becomes cognizant of the existence of any notified disease in any private or public dwelling other than a public hospital, and every manager of any factory or public building, every keeper of a lodging house, every head of a family and every owner or Occupier of a house, who knows or has reason to believe that any person in any premises under his management, control or occupation is suffering from, or has died of, a notified disease, shall, if the case has not been already reported, give information of the same with the least practicable delay-

(a) in urban local areas, to the executive authority, the Health Officer or a Sanitary Inspector; and
(b) in other areas, to the Health Officer, a Health or Sanitary Inspector, Sanitary Assistant or Conservancy Overseer.
63. Power of entry of local officers to take preventive measures.-

(1) The Health Officer or an officer not below the rank of a Sanitary Inspector authorised by him in this behalf may-

(a) at all reasonable hours, inspect with or without assistance any place in which any notified 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 any local area be exercised also by the executive authority or an officer not below the rank of Sanitary Inspector authorised by such authority.

64. Destruction of hut or shed to prevent spread of infection.-

(1) If it appears to the Health Officer that the destruction of any hut or shed is necessary to prevent the spread of any notified disease, he may, after giving to the owner and the occupier of such hut or shed 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 destroyed.

(2) Such compensation as the local authority may consider reasonable shall be paid within thirty days to any person who sustains loss by the destruction of any hut or shed 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.

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