(2) No person shall, without the sanction in writing of an officer of the Public Health Department of the Government or of the local authority concerned not below the rank of Health or Sanitary Inspector, 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 any notified disease.
- (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 neighboring building,
- any Magistrate may, on the application of any officer referred to in sub-section (2), order the body to be removed and disposed of within a specified time.
- (b) Any Magistrate may, in the case of the body of a person who has died While suffering from a notified disease, or in any other case in which he considers the immediate disposal of the body necessary, direct the body to be disposed of, unless the friends or the relatives of the deceased undertake the disposal of the body within a time specified in the order.
- (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 expenses may be recovered as if it were a tax due to the local authority from any person who would have been legally liable therefore but for such removal and disposal, unless, in the opinion of the local authority, he is too poor to do so.
- (a) If any person dies in a hospital or a place of temporary accommodation for the sick, while suffering from a notified 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 a 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 or a Magistrate, no person shall cause or permit to be carried in a public or private conveyance the dead body of any person who has died while suffering from cholera, small-pox or plague.
73. Power of Magistrate to prohibit an assembly of more than fifty persons.-
In the event of the prevalence of a notified disease in any local area, on the application of the Health Officer, any Magistrate, not being a Magistrate of the third class having local jurisdiction shall 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.
74. Power of Government to confer special powers on officers to control notified diseases.-
- (a) In the event of the prevalence or threatened outbreak of a notified disease in any place or area, the Government may declare, that such place or area is visited by or threatened with an outbreak of such diseases.
- (b) The power conferred on the Government by clause (a) may subject to the Control of the Government also be exercised by the Collector in respect of a place or area within his district.
- (c) Any declaration made by the Government under clause (a) or withdrawal thereof in whole or in part shall be published in the Gazette and shall come into operation on the date of such publication.
- (d) Any declaration made by the Collector under clause (b) or withdrawal thereof in whole or in part shall be published in the Gazette, and shall come into operation on the date of such publication.