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Section 248 - Prevention of Infectious Diseases in Karnataka Municipalities Act, 1964

snapp 248 KMA 1964 0 Notes

Prevention of Infectious Diseases.

(1) Every municipal council may, subject to such limitations, restrictions and conditions, if any, as may be prescribed in this behalf, exercise all or any of the powers specified in sub-section (2) for the prevention of dangerous diseases.

(2) The powers, which may be exercised under the preceding sub-sectionare, --

(a) power by orders, which may be either of special or general application, to direct that every medical practitioner who knows or may have reason to believe that any person whom he has visited in his professional capacity in any dwelling not being a hospital, or that every manager of anyfactory or educational institution, or every head of a household, who knows or has reason to believe that any person who resides in any dwelling under the management or control of any such manager or head of a household, is suffering from any illness which may reasonably be supposed to be a infectious disease, shall give information of the same with the least practicable delay to such person as may be designated by the municipal council in that behalf;

(b) power to direct or authorise the inspection without notice or with such notice as to the person directed or authorised to inspect appears reasonable of any place in which any infectious disease is reported or suspected to exist and the taking of measures to prevent the spread of the disease beyond such place;

(c) power to prohibit the removal of water for the purpose of drinking from any well, tank or other place, which may appear to the municipal council, on the advice of the medical officer, likely to endanger or cause the spread of any infectious disease;

(d) power to direct or cause the removal, on a certificate signed by the Health Officer of the municipal council or any duly qualified medical practitioner authorised by the municipal council in this behalf, of any person who is without proper lodging or accommodation or who is lodged in a room or set of apartments occupied by more than one family, or in a place where his presence may be a danger to the neighbourhood, and who is suffering from an infectious disease, to any hospital or place at which person suffering from the said disease are received for medical treatment; and to prohibit the person so removed from leaving such hospital or place without the permission of the municipal council;

(e) power to require, by written notice, the owner or occupier of any building, or part of a building, or a person owning or in charge of any article therein, to cleanse or disinfect such building or part thereof or article, either at his own expense, or in case of poverty, or for other cause which the municipal council in the circumstances of the case considers reasonable, at the expense of the municipal council;

(f) power to provide the means, and to prescribe places, for disinfecting or washing, bedding or other articles which have been exposed to infection from any infectious disease and to direct the destruction thereof;

(g) power, --

(i) to provide and maintain suitable conveyances for the free carriage of persons suffering from any infectious disease, and

(ii) when such provision is made, to prohibit the conveyance of such persons in all or any public conveyance, and

(iii) to direct that any conveyances, that may at any time be used for conveying any such person shall be immediately disinfected;

(h) power to prohibit, --

(i) any person suffering from any infectious disease from wilfully exposing himself, without proper precautions against spreading the said disease, in any street or in any school or factory, or in any inn, dharmasala, theatre, market or other place of public resort, or

(ii) any person in charge of any person so suffering from so exposing such sufferer;

(i) power to prohibit any person from removing to another place, or transferring to another person, except for the purpose of disinfection, any article which the person prohibited knows, or has reason to believe, has been exposed to infection of any kind whatsoever from any infectious disease;

(j) power to prohibit the letting of or the providing of accommodation in any hotel, inn, dharmasala, chattram or musafirkhana in which a person has, or in which there is reason to believe that a person has, been suffering from an infectious disease, unless and until the person desiring so to let or provide accommodation shall have had the building, or part thereof, and any article therein likely to retain infection, disinfected to the satisfaction of the municipal council or of such officer as the municipal council appoints in this behalf;

(k) power, with the previous permission in each case of a magistrate exercising not less than second class powers, to destroy any insanitary huts or sheds in which there is reason to believe that persons have been suffering from infectious disease.

(3) The municipal council may, in its discretion, give compensation to anyperson who sustains substantial loss by the destruction of any property under this section, but except as allowed by the municipal council, no claim for compensation shall lie for any loss or damage caused by any exercise of the powers specified therein.

(4) Any person who, in a 1 [municipal area], disobeys any order which is for the time being in force therein, and which has been passed by the municipal council in exercise of any power conferred on such municipal council by this section, or obstructs any officer of the municipal council or other person acting under the authority of the municipal council in carrying out or executing any such order, shall, be punished with fine which may extend to two hundred rupees.

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1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

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