LexThe KERALA PUBLIC HEALTH ACT, 2023
Kerala · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF KERALA
Law (Legislation-H) Department
NOTIFICATION
In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of
Kerala is pleased to authorise the publication in the Gazette of the following translation in
English language of the Kerala Public Health Act, 2023 (Act No. 28 of 2023).
By order of the Governor,
K. G. SANAL KUMAR,
Law Secretary.
No. 354/Leg.H1/2021/Law. Dated, Thiruvananthapuram, 28th November, 2023
12th Vrischikam, 1199
7th Agrahayana, 1945.
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[Translation in English of “2023-ടേ കേരള ടപാതുജനാകരാഗയ ആേ്റ്” published
under the authority of the Governor.]
ACT 28 OF 2023
THE KERALA PUBLIC HEALTH ACT, 2023
AN
ACT
to replace the existing laws relating to public health in the State of Kerala by bringing
provisions including periodical changes and requirements.
Preamble.—WHEREAS, an approach of one-health for public healthcare has to be adopted;
AND WHEREAS, apart from diagnosis and treatment, the social systems that provide
health has to be strengthened and the conditions that may cause disease has to be weakened or
eliminated;
AND WHEREAS, it is necessary to prevent the new viruses, germs, communicable diseases
and pandemics that may emerge as part of climate change, human -animal contact, etc., and it
is essential to prevent and control the increasing lifestyle diseases;
AND WHEREAS, the density of population is high throughout the State irrespective of the
urban-rural differences and as the Kerala gives special attention to the healthcare of groups
including the elderly and differently-abled persons;
AND WHEREAS, to bring a new law applicable throughout the State by replacing the
Travancore Cochin Public Health Act, 1955 (XVI of 1955) applicable in the Travancore Cochin
Region and the Madras Public Health Act, 1939 (III of 1939) applicable in the Malabar Region,
which were in existence in State of Kerala in relation to public health and to provide for matters
connected therewith or incidental thereto;
BE it enacted in the Seventy-fourth year of the Republic of Inida, as follows:—
CHAPTER 1
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Kerala Public Health
Act, 2023.
(2) Sub-section (8) of section 15, sub -section (7) of section 18, sub -section (3) of
section 20 and section 65 shall come into force at once and the remaining provisions of this
Act shall be deemed to have come into force on the 16th day of January, 2023.
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2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “bio-medical waste” means solid - liquid waste having the presence of germs
and the chance of infection therefrom that may be generated during the diagnosis of disease,
surgeries, other treatments, injections of person or persons or during research in the field of
health at hospitals and health research institutions during research in the health sector;
(b) “building” includes house, out -house, apartment, stable, latrine, shed, hut,
bunk and also any other structure made out of stone, brick, mud, metal or any other material
whatsoever;
(c) “communicable disease” means disease caused to human or animals due to
infection with or without symptoms and communicable from human to human or from animals
to animals or to human and can be detected with the assistance of diagnostic measures;
Explanation:—For the purpose of this Act, “animals” include “birds”.
(d) “Community gathering” means gathering of a group of people for the
purposes related to family, educational, social, political, spiritual, racial or religious or for the
purposes of games, shows, entertainments or for similar matters;
(e) “District Public Health Officer” means Medical Officer deputed as the
Member Secretary of the District Public Health Committee as per this Act and authorised for
the implementation of this Act at district level;
(f) “drain” means any kind of drain which carry filth, waste water, drained water,
rain water or subsoil water;
(g) “dwelling house” means a building constructed, used or taken for use
wholly or partly for human dwelling or connected therewith;
(h) “educational institution” means a place which imparts knowledge or
education and includes preschools, childcare institutions, schools, colleges, technical
educational institutions, universities, coaching centers, tuition centers, training centers which
are either public or private;
(i) “epidemic” means condition of public health importance caused due to the
sudden and rapid increase in the number of cases of a disease;
(j) “factory” means any premise including the precincts thereof wherein any
industrial, manufacturing or trade processes is carried on with the aid of steam, water, oil, gas,
electricity or any other form of power which is mechanically transmitted and includes any
premise as defined in the Factories Act, 1948 (Central Act 63 of 1948);
(k) “filth” includes sewage, excreta, putrid and putrified substances and all other
substances which may cause danger to public health if not removed;
(l) “food” or “food items” includes all substances including grains, fruits,
vegetables, flowers, leaves, milk, fish, meat and its produces and drinks including packed
drinking water and also all ingredients added to such items or drinks for colour or for add ed
flavour, which are used by persons for eating or drinking (as food or drinks) or for chewing,
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which are cooked or partially cooked or not cooked or processed, partially processd or not
processed;
(m) “food business” means carrying out of any activity at any stage whether for
profit or not and either in public or private which is related to manufacturing, processing,
packing, storage, transportation, distribution or import of food items and include food services,
catering services, sale of food or food ingredients;
(n) “Government” means the Government of Kerala;
(o) “healthcare institution” means institutions, or hospitals, nursing homes,
maternity hospitals or other treatment centres in whole or in part either under public or private
ownership, and which provides to the public various health services including activ ities for
health promotion, prevention of disease, treatment, diagnosis, nursing, rehabilitative services,
palliative care, restoration of health and research, through healthcare including diagnostic,
therapeutic, nursing, palliative and other therapeu tic care processes or reproductive health
services or emergency health services or its different combinations;
(p) “healthcare providers” means a person who undertakes a service or
profession related to the maintenance or restoration of the health of another person, and it
includes any physician, nurse, paramedic, psychologist, counsellor, healthcare providers
extending outreach healthcare services or persons providing medical, nursing, psychological,
or other healthcare services of any kind;
(q) “healthcare services” means consultation, diagnosis and treatment and
outreach services and services for the maintenance and promotion of public health;
(r) “health hazard” means any micro organism, chemical condition or any
circumstance that may cause injury or illness;
(s) “health inspector” means a health inspector of Local Self Government or of
an institution handed over to Local Self Government or a health inspector of a Government
Medical College or an officer in the rank of health inspector, appointed for an area either
permanently or temporarily;
(t) “hygiene facilities” means wash room facilities of sufficient number for
various genders arranged in a room or rooms or building and with privacy, cleanliness and
maintained in a germ free manner without any possibility of spread of disease;
(u) “infection” means the entry and growth or multiplication of an infectious
agent in the body of a human being or animal;
(v) “isolation” means prohibition of a person or persons having infection from
mingling with others for a specified period with an object of preventing or confining the spread
of disease to persons and society;
(w) “latrine” means a facility or place set apart for defecating or urinating or for
both and includes a closet and urinal;
(x) “local area” means an area within the jurisdiction of a Local Self
Government Institution or as specified by the Local Public Health Officer from time to time;
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(y) “Local Self -Government Institution” means a Municipality constituted
under section 4 of the Kerala Municipality Act, 1994 (20 of 1994) or a Panchayat, at any level,
constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(z) “Local Public Health Officer” means a Medical Officer appointed as the
Member Secretary of the Local Public Health Committee as per this Act and authorised for the
implementation of this Act at the local level;
(aa) “lodging house” means a hotel, boarding house, a choultry, dharmasala,
resort, home stay, service apartment, rest house etc. where lodging facility is provided to
persons with or without food on payment basis;
(ab) “market” means any place set apart or ordinarily or periodically used for
the assembling of persons for the sale or purchase of grains, fruits, vegetables, meat, fish or
other perishable articles of food or for the sale or purchase of livestock or poultry or of any
agricultural or industrial produce or any raw or manufactured products or any other articles or
commodities necessary for the convenience of life. However, a single shop or a group of shops
not being more than six in number shall not be deemed to be a market;
(ac) “medical treatment” means treatment for the cure of disease or for the
improvement of health condition of a patient after systematic diagnosis, through any mode of
recognised treatment as per the Kerala State Medical Practitioners Act, 2021(Act 36 of 2021);
(ad) “migrant labourer” means people from outside the State and residing in the
State for doing various works for the purpose of livelihood;
(ae) “notifiable communicable diseases” means the diseases mentioned in sub -
section (2) of section 28 of this Act;
(af) “notification” means a notification published in the Official Gazette;
(ag) “nuisance” means any act or abstinence or place or thing which causes any
hindrance, injury, danger or annoyance to sight, smell and hearing or cause annoyance to rest
or sleep or cause or likely to cause danger to life or injury to health;
(ah) “Occupier” includes,
(a) any person who, for the time being, is paying or is liable to pay to the
owner the rent or any portion of the rent of the land or building in respect of which such rent
is paid or is payable;
(b) any owner in occupation of or otherwise using land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay the owner damages for the use or
occupation of any land or building;
(ai) “offensive trade” means any trade in which the substance dealt with are, or
are likely to cause, a nuisance;
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(aj) “owner” means a person receiving or eligible to receive the rent or profits
of a property or building, in relation to which the expression is used, to her own account or as
an agent, trustee, guardian, manager or receiver of any other person or estate or for any religious
or charitable purposes and shall include such persons;
(ak) “prescribed” means prescribed by rules or regulations made under this Act;
(al) “private healthcare institutions” means any institutions owned by any
private person, trust, corporation or non governmental organisation wherein investigation,
diagnosis, preventive procedure, curative medical treatment facilities are provided with or
without inpatient facility. These shall include medical clinics with or without inpatient
treatment, healthcare centres, maternity home, hospitals, old age home, day care centre, kaya
chikitsa institution, in -vitro fertility clinic, genetic laboratories , counselling centres, medical
laboratory, diagnostic centres, radiological and imaging centres, scanning centres,
physiotherapy centres, dispensaries and mental health institutions;
Explanation:—For the purpose of this Act, healthcare institutions owned or run by
societies or co-operative societies shall also deemed to be private healthcare institutions.
(am) “public building” shall include all buildings which are used or constructed
as such for the use of general public such as public schools, colleges, hospitals, work place,
worship centres, public theatres, cinema halls, libraries, lecture halls, concert halls, exhibition
halls, assembly halls, hotels, restaurants, lodging houses and shelter homes but does not include
dwelling house;
(an) “public health” means health condition of the society in general. It
includes activities ensuring physical, mental and social well being through various methods
such as health stimulative activities centered on the social sources of health, preventio n of
diseases, early diagnosis, treatment, rehabilitation and to ensure and improve the healthy
coexistence between man and nature;
(ao) “public health committee or committee” means State Public Health
Committee, the District Public Health Committee and the Local Public Health Committee, as
the case may be, which shall come into existance as per section 3;
(ap) “public health emergency” means the occurence of a disease considered
severe from a public health perspective or death due to a sudden threat of a disease or health
condition or the occurence of a serious health condition in a large number of people and likely
to affect even the growth of an embryo or the large scale spread of biotoxins or other poisonous
substances or germs likely to cause serious harm or the occurence of significant harm due to a
new or previously present or controlled or eradicated germ or biotoxin or any disaster including
large accidents;
(aq) “public place” means a place not meant for private use;
(ar) “quarantine” means isolating a person or persons suspected to have a
disease or having contact with diseased persons or coming from an area of disease spread so as
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to prevent mingling with others for a specified period in order to prevent the spread of the
disease to persons and to society;
(as) “registered medical practitioner” or “medical practitioner” means a
medical practitioner registered under the Kerala State Medical Practitioners Act, 2021
(Act 36 of 2021);
(at) “Secretary” means the Secretary of the Local Self Government Institution;
(au) “sewage” means latrine waste, waste contained in the cesspools or drains,
trade effluents and all type of discharges from industrial units and include such things;
(av) “shopping mall” means a complex of various trading centres situated in
one or more interconnected buildings;
(aw) “specimen” means a sample and culture of blood, sputum, urine, stool or
other bodily fluids, wastes and tissues needed to conduct required tests;
(ax) “State” means State of Kerala;
(ay) “state public health officer” means a medical officer appointed as the
Member Secretary of the State Public Health Committee as per this Act and authorised for the
implementation of this Act at State level;
(az) “vaccination” means the process of inducting into the body of a human
being, inactivated or weakened micro organism, their cell parts, their genetic substance or any
other bio or non -bio micro matters having similarities with the structure of micro or ganism,
through injection or otherwise for the purpose stimulating the immune mechanism of the body
and thereby reducing the chance of being affected by the disease;
(ba) “vector” means insects and other arthropods which carry germs in their
body and may cause infection to humans or animals through biting, contacting and polluting
food and beverages;
(bb) “water course” includes any natural or artificial river, stream, canal or lake
and water theme park except a drain;
(bc) “water theme park” means an amusement park having exclusive places for
waterplay such as water slides, splash pads, spray grounds, water playground, lazy rivers, or
other recreations, swimming, plays without water skies, wave pool with or without arti ficial
surfing or body boarding like flow rider;
(bd) “work place” means any premises including the precincts thereof wherein
any industrial, manufacturing, trade, service process is carried on, and where person or persons
are employed for wages or any other remuneration but does not include a factory or workshop;
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(be) “workshop” means any premises including the precincts thereof wherein
any article is made, repaired, altered, ornamented, finished or otherwise adapted for use on a
commercial basis and person or persons are employed for that purpose for wages or any other
remuneration, but does not include a factory.
(2) In this Act, save as the context otherwise requires, the feminine gender wherever
expressed, shall include all genders.
CHAPTER 2
PUBLIC HEALTH COMMITTEES, PUBLIC HEALTH OFFICERS: FUNCTIONS AND
POWERS
3. State, District and Local Public Health Committees and Public Health Officers.—(1)
For the implementation of the provisions of this Act, the following arrangements shall come
into existence from the date notified by the Government, namely:—
(i) the State Public Health Committee and an implementing officer called the
State Public Health Officer at the State level;
(ii) the District Public Health Committee and an implementing officer called the
District Public Health Officer at the District level;
(iii) the Local Public Health Committee and an implementing officer called
Local Public Health Officer at the local level.
(2) Subject to other provisions of this Act,—
(i) for ensuring public health in the State, District and Local levels, the Public
Health Committees shall formulate programmes in the State, District and Local levels
respectively;
(ii) the committees shall evaluate and ensure that the action programmes
fomulated by the Government from time to time, to attain the sustainable development goals
in the health sector are effectively implemented at appropriate levels;
(iii) the Public Health Officers shall place the report regarding the activities
related to the public health before the committee at least once in three months and the
committee shall review the public health activities at appropriate levels.
4. The State Public Health Committee and the State Public Health Officer .—(1) The
State Public Health Committee shall consists of the following members, namely:—
(i) Minister, Health Department : Chairperson
(ii) Secretary, Health & Family Welfare Department : Vice
Chairperson
(iii) Director, Health Services : Member
Secretary
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(iv) Principal Director, Local Self Government Department : Member
(v) Director, Medical Education : ”
(vi) Director, Department of Indian Systems of Medicine : ”
(vii) Director, Department of Homoeopathy : ”
(viii) Commissioner, Food Safety Department : ”
(ix) Director, Department of Agricutural Development
and Farmers Welfare : ”
(x) Director, Animal Husbandary Department : ”
(xi) Director, Fisheries Department : ”
(xii) Director, Dairy Development Department : ”
(2) The Director, Health Services shall, by virtue of her office , be the Member
Secretary of the Committee and shall be the State Public Health Officer.
(3) If required by the State Public Health Officer on behalf of the State Public
Health Committee, the academic -research-technical assistance institutions and experts under
the Health and Family Welfare Department shall take necessary steps to deal with public health
issues.
5. The District Public Health Committee and the District Public Health Officer .—(1)
The District Public Health Committee shall consists of the following members, namely:—
(i) District Panchayath President : Chairperson
(ii) District Collector : Vice-
Chairperson
(iii) District Medical Officer (Health) : Member
Secretary
(iv) Principal of Government Medical College
in the District : Member
(v) District Medical Officer
(Department of Indian Systems of Medicine) : ”
(vi) District Medical Officer (Homoeopathy) : ”
(vii) Joint Director, Local Self Government Department : ”
(viii) Assistant Commissioner, Food Safety Department : ”
(ix) Principal Agricultural Officer : ”
(x) District Animal Husbandary Officer : ”
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(xi) District Officer, Fisheries Department : ”
(xii) District Officer, Dairy Development Department : ”
(2) The District Medical Officer (Health) shall , by virtue of her office , be the
Member Secretary of the Committee and shall be the District Public Health Officer.
6. The Local Public Health Committee and the Local Public Health Officer .—(1)
The Public Health Committee at Grama Panchayath Level shall consists of the following
members, namely:—
(i) Grama Panchayath President : Chairperson
(ii) Medical Officer of Health Department
in charge of Grama Panchayath : Member
Secretary
(iii) Medical Officer (Indian Systems of Medicine) : Member
(iv) Medical Officer (Homoeopathy) : ”
(v) Panchayath Secretary : ”
(vi) Animal Husbandary Officer : ”
(vii) Circle Food Safety Officer : ”
(viii) Agricultural Officer : ”
(2) At Municipality/Corporation level, the Public Health Committee shall be
constituted at each transferred institutions of the Health Department at urban areas. Mayor of
Corporation or Municipal Chairperson concerned shall be the Chairperson and the Head of the
transferred health institution shall be the Member Secretary. In the urban areas, which do not
fall under the limits of such transferred health institutions, a Deputy District Medical Officer
(Health) authorised by District Medical Officer (Health) shall be the Member Secretary of the
committee. The following shall be the other members in the Local Public Health Committee
at the Municipality/ Corporation level, namely:—
(i) Municipal/Corporation Secretary;
(ii) Medical Officer (Indian Systems of Medicine);
(iii) Medical Officer (Homoeopathy);
(iv) Animal Husbandary Officer;
(v) Circle Food Safety Officer;
(vi) Agricultural Officer.
(3) The Member Secretary of the Local Public Health Committee shall also hold the
charge of Local Public Health Officer.
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7. Duties and functions of Public Health Officer .—(1) The responsibility to implement
the provisions of this Act in the State, District and Local levels shall be on the State Public
Health Officer, the District Public Health Officer and the Local Public Health Officer
respectively.
(2) Government shall have the power to delegate to the State Public Health Officer
the power to issue any direction, as it deem necessary, for the implementation of the activities
under this Act in accordance with the Kerala Panchayath Raj Act, 1994 (13 of 1994) and the
Kerala Municipality Act, 1994 (20 of 1994).
(3) The State, the District and the Local Public Health Officers shall provide plan
proposals relating to public health, while formulating the annual plans for the health sector by
the State Government and Local Self Governments. Such suggestions shall be given based on
the annual health report of their area of jurisdiction.
(4) Action taken report shall be submitted every month by the Local Public Health
Officer to the District Public Health Officer, by the District Public Health Officer to the State
Public Health Officer and by the State Public Health Officer to the Government.
(5) For attaining public health objectives, the State Public Health Officer shall
prepare the methodology and the criteria for vector density studies, disease surveillance
programmes, screening for specified diseases, clinical audit and death audit and g uidelines
regarding precautionary measures for prevention of communicable diseases and shall ensure
its implementation.
(6) The State Public Health Officer shall have the power to collect information on
matters of public health from public and private healthcare institutions of the State. The State
Public Health Officer shall make arrangements to evaluate the said information and on the basis
of such evaluation shall give recommendation to the Government in policy matters in respect
of public health and shall give directions to individuals, institutions and agencies related to
public health matters. All public health offi cers and committees concerned shall ensure the
protection and privacy of individual datas collected in this manner.
(7) At the State Level, the State Public Health Officer through the Secretary of the
Department and at the District or Local Level, the District Public Health Officer through the
District Collector, may recommend to the State Government to declare public health emergency.
The District Collector may declare public health emergency at district and local level subject
to the sanction of the Government.
(8) When it is satisfied that there is necessity to have a common protocol for the
treatment or prevention of diseases notified under this Act or diseases included in the National
Health Programmes, the State Public Health Officer shall with the assistance of experts
determined by the Government, prepare recommendation and shall submit to the Government.
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Such protocol as directed by the Government shall be followed by all Government and private
healthcare providers and healthcare institutions.
(9) The State Public Health Officer shall give recommendation to the State Public
Health Committee for the fixation of health protocols, to be followed by the public for
surveillance of diseases, prevention and control of communicable diseases, life style diseases,
any other diseases that may be notified by the Government from time to time and health hazards.
8. Assistance to Public Health Officer .—(1) There shall be a health inspector and other
employees to assist the Local Public Health Officer for carrying out the functions under this
Act.
(2) The Local and the District Public Health Officers may, in writing, assign an
officer not below the rank of a Junior Health Inspector to take the following actions under this
Act, namely:—
(i) to conduct inspections;
(ii) to issue notice;
(iii) to take legal actions; and
(iv) to take other actions as directed by the Public Health Officer.
(3) Subject to the supervision and control of the Public Health Officer, the officer
shall be liable to carry out such directions given under sub -section (2) in the manner as
prescribed.
9. Temporary appointment of Additional Public Health Officers during emergency
situations.—The State and the District Public Health Officers shall under the following
circumstances have the power to appoint one or more medical officers as additional public
health officers temporarily for a specified period, namely:—
(i) when notified communicable diseases occured or a threat of its outbreak is there;
(ii) when there is an outbreak of epidemic diseases, or a threat of such outbreak
exists;
(iii) when there occurs disaster or unusual deaths;
(iv) in a situation where people gather on a large scale in an area;
(v) to prevent communicable diseases or to enquire into its causes and to prevent
such causes;
(vi) in other emergency situations in which the State Public Health Officer
considers necessary to appoint such additional public health officers.
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10. Powers of the State Public Health Officer. —Subject to such conditions as may be
prescribed, the State Public Health Officer shall have all the powers throughout the State which
the Local Public Health Officer has in the local level. The State Public Health Officer may
exercise these powers either directly or through District or the Local Public Health Officers,
and shall also have the power,—
(a) to depute one or more employees of any institutions under her control for
temporary duty in an area of any other institution;
(b) to formulate guidelines on public health criteria and to issue necessary orders
for its implementation; and
(c) to enforce the rules, regulations, restrictions and guidelines relating to the
abatement of nuisance or health hazards.
11. Powers of the District Public Health Officer.—Subject to such conditions as may be
prescribed, the District Public Health Officer shall have all the powers throughout the District
which the Local Public Health Officer has in the local level. At the district and local level the
District Public Health Officer may exer cise these powers either directly or through the Local
Public Health Officers, and shall also have the power,—
(a) to issue guidelines and to exercise supervision and control for public health
activities within the District;
(b) to conduct public health inspections from time to time, which may be deemed
necessary for the prevention of diseases and for the improvement of public health;
(c) to conduct enquiry and inspection regarding all types of communicable diseases,
notifiable communicable diseases and health hazards; and
(d) to issue guidelines to Local Public Health Officer from time to time, as may
deem necessary.
12. Powers of the Local Public Health Officer .—(1) The Local Public Health Officer
shall ensure that the healthcare institutions within her jurisdiction are complying with the public
health guidelines and rules.
(2) The Local Public Health Officer shall have the power to direct, any person or
institution to do or refrain from doing any activity, or to change any situation that may be deem
necessary for ensuring public health, within such time as specified. If such person or institution
fails to do so within the time specified in the order, the public health officer shall inform the
same to the local self government institution concerned and the local self government
institution shall either carry out or stop or mo dify such activity and recover the cost incurred
from the person or institution concerned in the manner as prescribed.
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(3) In matters of public health, the Local Public Health Officer shall perform such
functions and discharge such duties as applicable to her, as per the provisions under this Act
and shall also have the power,—
(i) to impose fine on any person who fails to comply with any order issued under
this Act; or
(ii) to compound offences for violations of any provisions or for committing of
offences, which are declared to be compoundable under this Act or the Rules made thereunder.
(4) The Local Public Health Officer shall excercise all the powers and discharge
all the duties specifically conferred by this Act or the rules made there under and shall subject
to the provisions of this Act and the rules made thereunder, implement all t he necessary
activities in her capacity as the Local Public Health Officer.
(5) Without prejudice to the safety and privacy of persons, the Local Public Health
Officer or an officer authorised by her shall enter into and inspect,—
(a) any place where any kind of nuisance has taken place or is continuing;
(b) any place where any offensive trade is conducted;
(c) any place where any article of food and beverages including drinking water
are prepared, manufactured, stocked, sold, served or distributed;
(d) any place which exists in a polluted condition or in a condition which
facilitate the spread of any epidemic disease including the multiplication of vectors or
pathogens; and
(e) any place which the Local Public Health Officer is satisfied as necessary for
the protection of public health.
(6) When it is found that any food or beverages are suspected to be contaminated,
putrid or decayed, the Local Public Health Officer or an officer authorised by her shall have
the following powers, namely:—
(i) to take steps including closing of establishments, when it is satisfied that there
exists polluted condition particularly where food and beverages are cooked, preserved and
distributed or in circumstances of the presence of non -permitted chemicals, poo r hygiene of
persons who handles food and beverages, lack of certificates such as medical certificate and
license as per Food Safety and Standards Act, 2006 due to which there is chance for the spread
of diseases or occurance of health issues;
(ii) to seek the service of Food Safety Officer concerned in circumstances where
samples of food and beverages have to be collected and examined. She shall have the power
to take steps as may be prescribed to keep them intact until sample is collected by the F ood
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Safety Officer and prevent attempts by the owner of the establishment or others from destroying
the same;
(iii) when there is no chance for collection of samples or when there is no
possibility for ensuring that food and beverages are not sold until standards are ensured, she
shall have the power to destroy food items which are suspected to be stale or decay ed, if it is
found necessary to prevent public health issues. However, before taking such steps she shall
prepare mahazar as prescribed by the rules, by ensuring the presence of two respectable
witnessess and shall ensure the proof of their presence in writing.
(7) Without prejudice to the safety and privacy of the persons the Local Public Health
Officer or an officer authorised by her, may,—
(a) may inspect at any time, without notice and assistance, any place, factory,
work shop, work place, office, cinema hall, hospital or other place as may appear to her
necessary, including dwelling places, from where communicable diseases are reported or any
place suspected to be at risk of contamination;
(b) take such measures, as she may consider necessary to prevent the spread of
such disease beyond such place; and
(c) take samples of food or water or any article from any place or premises for
analysis if it deem fit.
(8) When the Local Public Health Officer or the authorized officer takes any of the
actions mentioned in sub -section (7), she shall after the completion of action and within a
maximum of twenty -four hours furnish a report on the action so taken to the Distric t Public
Health Officer and the Local Self Government Institution, in the specified format.
(9) The Local Public Health Officer or an officer authorised by her, shall while,—
(a) taking action against the person or persons who contravenes any of the
provisions of this Act or the rules made thereunder; or
(b) initiating prosecution for violations of any of the provisions of this Act or
the rules made thereunder; or
(c) taking any action as per this Act or the rules made thereunder for the removal
of nuisance as defined in sub-section (1) of section 2,
file a report in writing to the Secretary of the Local Self Government Institution for placing
it before the Local Self Government Institution concerned.
13. Ensuring of assistance of public servants .—(1) All public servants under the
Government shall extend all help and co-operation whenever approached in the capacity as the
Local Public Health Officer for assisting or authenticating the action or in the conduct of
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enquiry on public health matters. Any refusal or non -cooperation noticed on the part of such
officer shall be taken as a breach of conduct and indiscipline and the Local Public Health
Officer shall report the same to the superior officer of the officer concerned and to the District
Public Health Committee for taking appropriate disciplinary action by the disciplinary
authority concerned.
(2) It shall be the duty of the Station House Officer concerned to assist the Local
Public Health Officer when the Local Public Health Officer seeks in writing such assistance
for the lawful exercise of any power under this Act or the rules or regulations made thereunder.
14. Local Self Government Institution to extend support.—Every Local Self Government
Institution shall provide facilities and shall extend support to the Local Public Health Officer
for the due discharge of official duties.
CHAPTER 3
ENSURING SAFETY OF WATER FOR HUMAN USE
15. Water for human use.—(1) The quality of drinking water shall be reckoned as per the
criteria specified by Bureau of Indian Standards for safe drinking water, from time to time, and
the provisions of the Food Safety and Standards Act, 2006. It shall be the duty of the
distributors of drinking water to ensure such quality.
(2) For ensuring the safety of drinking water for human use, the Public Health
Officers shall have the following powers within their jurisdiction, namely:—
(a) to test and direct to test the quality of drinking water at regular intervals and
when water borne diseases are suspected;
(b) to seek explanation from the distributor, direct remedial action and to
disrupt the distribution and if required to take legal actions including fine when it is found that
the quality of water is inadequate:
Provided that, when the distribution of drinking water is distrupted as per this sub-section
the Local Public Health Officer shall forthwith inform the same to the Local Self Government.
(3) The Local Public Health Officer may at any time issue notice in writing to the
owner or to any person having control or charge over any river, lake, backwater, stream, spring,
well, tank, reservoir, pond or water in tanker lorries or water in other water s upply sources or
schemes which is used for drinking or bathing or for any other purpose including entertainment
and may within such time as may be specified in the notice direct,—
(a) to keep and maintain water supply sources in such manner not injurious to
public health;
(b) to protect such water supply sources by removing silt and filth;
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(c) to protect such water supply sources and water supply systems from
contamination caused through drainage;
(d) to ensure necessary maintenance work and protection of water supply
sources considering the health and safety of general public;
(e) to stop the use and prevent others from using the water from such water
source, when it is unfit for drinking purpose or for other human uses or is injurious to public
health;
(f) to drain or otherwise dispose off the water or contaminated water which is
injurious or harmful to public health:
Provided that, where a direction is given under clause (e) the same shall be informed to
the Local Self Government.
(4) As aforementioned where the owner or the person having control fails to comply
with or neglects any notice issued under sub -section (3) within the time stipulated therein the
Local Public Health Officer shall, if immediate action is required to protect the health of any
person or persons, proceed to execute the works specified in such notice urgently and all the
expenses incurred thereof by the Local Public Health Officer shall be remitted by the owner or
the person having control over such water supply source in the manner as may be prescribed.
(5) No person shall, save as generally or specially prescribed, erect, throw, or permit
to throw or pour or dump or put into public drainage or any drainage connecting public
drainage,—
(a) any construction which affect the drainage or which block the free flow of
matters imbedded therein or any other thing or any matter which affect the treatment and
disposal of such things;
(b) any liquid or steam which either by itself or when combined with other
materials within the drainage causes danger, harm or injury to health;
(c) any explosive substance.
(6) Save as generally or prescribed, no person shall,—
(a) put or causes to put or cause to fell or shed or eject or carry or knowingly
permit to put, fall, shed or carry, in or around any water course,—
(i) any matter, filth, excreta, wash room waste which is injurious to health,
(ii) any solid or liquid matter formed out of manufacture or the
manufacturing process, which are poisonous, noxious or contaminated or injurious to health;
or
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(b) deposit or cause to deposit or eject or cause to fall or put, or shed into water
course, or obstructs the free flow of water course by oneself or jointly with similar acts of any
other person or to contaminate water therein, or deposit the solid – liquid waste from any
factory, manufacturing process or from quarry or to deposit any rubbish or cinders or any other
waste including industrial waste; or
(c) cause any nuisance in or around any water course in a manner which is
injurious to public health.
(7) Any person who contravenes the provisions of sub -section (5) shall be liable to
penalty specified in section 65.
(8) Any person who contravenes the provisions of sub -section (6) shall on
conviction be liable to punishment with imprisonment for a term which may extend to three
years or with fine which shall not be less than twenty five thousand and may extent to two
lakhs rupees or with both.
16. Powers of State, District Public Health Officers with respect to water supply. —(1)
The District Public Health Officer may cause to conduct enquiry in any local area or part
thereof, for ascertaining whether the source of water supply for such local area or its part is
contaminated or not.
(2) The District Public Health Officer or any officer duly authorized may, taking
into account the outcome of such enquiries, issue order directing the owner or occupier or the
institution or the authority concerned to clean, improve, repair or protect t he source of water
supply from contamination within the time specified:
Provided that before issuing an order under this sub -section, the District Public Health
Officer or the authorized officer shall afford a reasonable opportunity of being heard to the
authorities or to the persons concerned and shall consider the same.
17. Powers of the State, District Public Health Officers to improve the quality of water.—
If the State Public Health Officer or the District Public Health Officer is satisfied that the source
of public water supply in a local area is contaminated or under the risk of contamination they
may issue directions in writing to the Local Public Health Officer to take such measures as may
be specified therein.
CHAPTER 4
SANITATION FACILITIES
18. Responsibilitiy to ensure public latrine facilities .—(1) The State Public Health
Committee shall discuss and formulate criteria for latrine facilities in public places and public
spaces and the State Public Health Officer shall issue directions. Such directions shall be in Excerpt shown. Open the full act in Lexace.