GOVERNMENT OF TAMIL NADU LAW DEPARTMENT. THE TAMIL NADU .

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GOVERNMENT OF TAMIL NADU 1993(Printed under the authority of the Governor of Tamil Nadu by the Directorof Stationery and Printing, Madras)GOVERNMENT OF TAMIL NADULAW DEPARTMENT.THE TAMIL NADU PUBLIC HEALTH ACT, 1939.(TAMIL NADU ACT III OF 1939.)(As modified up to the 30th November 1993)[Received the assent of the Governor on the 28th February 1939, firstpublished in the Fort St. George Gazettee on the 7th March 1939.]REFERENCES TO PAPERS CONNECTED WITH THE PRINCIPALACT, AND THE AMENDING ACTS.1. The Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of1939).[For Statement of Objects and Reasons, see Part IV of the Fort St. GeorgeGazette Extraordinary, dated 10th November 1938, pages 75-85; forproceedings in Assembly, see the Tamil Nadu Legislative Assembly Debates,dated 28th November 1938, Volume VIII, No.1, pages 98-145; ibid, dated 9thDecember 1938, Volume VIII, No.8, pages 751-769; for Report of SelectCommittee, see Part IV of the Fort St. George Gazette, dated 20th December1938, pages 219-303; for proceedings in Assembly, see the Tamil NaduLegislative Assembly Debates, dated 12th December 1938, Volume VIII,No.9, pages 831 - 882; ibid, dated 17th January 1939, Volume IX, No.1,pages 72-144; ibid, dated 18th January 1939, Volume IX, No.2, pages 171227; ibid, dated 19th January 1939, Volume IX, No.3, Pages 250-293; forproceedings in Council, see the Tamil Nadu Legislative Council Debates,dated 28th January 1939, Volume VI, No.2, pages 81-97 and 107-182; ibid,dated 30th January 1939, Volume VI, No.3, pages 194-226; for Act, seePart IV of the Fort St. George Gazette, dated 7th March 1939; pages 81-156].

[1939:T.N.Act III]Public Health22. The Tamil Nadu Public Health (Amendment) Act, 1941 (Tamil NaduAct XIX of 1941).[For Statement of Objects and Reasons, see Part IV-A of the Fort St.George Gazette, dated 6th May 1941, page 20, for Act, see Part IV-B of theFort St. George Gazette, dated 14th October 1941, pages 61-70. Temporarilyre-enacted for a period of one year, i.e., upto and inclusive of 29th April 1949by the third Schedule to the Tamil Nadu Re-enacting (No.II) Act, 1948(Tamil Nadu Act VIII of 1948), see Part IV-B of the Fort St.George GazetteExtraordinary, dated 28th April 1948, pages 93-102].3. The Tamil Nadu Public Health (Amendment) Act, 1944 (Tamil NaduAct IV of 1944).[Lapsed-See the Schedule to the Tamil Nadu Lapsed Acts (Removal ofDoubts) Act, 1948 (Tamil Nadu Act V of 1948), in Part IV-B of the Fort St.George Gazette, dated 27th April 1948, pages 71-72].4. The Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).[For Statement of Objects and Reasons, see Part IV-A of the Fort St.George Gazette, Extraordinary, dated the 30th March 1949, pages 231-234;for proceedings in Assembly see Tamil Nadu Legislative Assembly Debates,Volume XIX, No.8, dated 18th April 1949, pages 658-673; volume XIX,No.10, dated 20th April 1949, pages 865 -866; Volume XIX, No.11, datedthe 22nd April 1949, pages 981-997; for Report of Joint Select Committee,See Appendix XII of Tamil Nadu Legislative Assembly Debates, VolumeXIX, No.1, dated the 22nd April 1949, pages 1009-2012; for proceedings inCouncil see Tamil Nadu Legislative Council Debates, Volume XX, No.11,dated 20th April 1949, pages 694-705; Volume XX, No.12, dated 22nd April1949, pages 759-761 and 811-813; for Act see Part IV-B of the FortSt.George Gazette, Extraordinary, dated 30th April 1949, pages 107-109].5. The Adaptation of Laws Order, 1950.[Fort St.George Gazette, Part III-B, dated 14th February 1950, pages,339-469].6. The Adaptation of Laws (Amendment)Order, 1950.[Fort St. George Gazette, Part III-B, dated 4th July 1950, pages 937-980].7. The Tamil Nadu Village Panchayats Act, 1950(Tamil Nadu Act X of1950).

[1939:T.N.Act III]Public Health3[For Statement of Objects and Reasons, see Part IV-A of the Fort St.George Gazette, dated the 7th June 1940, pages 249 to 326; for proceedingsin Assembly, see Tamil Nadu Legislative Assembly Debates, Volume XII of1949, pages 331 to 338, 428 to 476, 581 to 612, 676 to 682, 697 to 720, 752to 794 and 820 to 854, Volume 1 of 1950, pages 164 and 165 and Volume IIof 1950, pages 961 to 964; for proceedings in Council, see Tamil NaduLegislative Council Debates, Volume XXI of 1949, pages 190 to 196, 211,216 to 220; and for Act, see Part IV-B of the Fort St. George Gazette, datedthe 1st August 1950, pages 89 to 168].8. The Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu ActXIV of 1951).[For Statement of Objects and Reasons, See Fort St. George Gazette, PartIV-A dated the 1st August 1950, pages 333-338; for proceedings inAssembly, see the Tamil Nadu Legislative Assembly Debates, dated the 6 thSeptember 1950 and 2nd April 1951, Volumes Nos. IV and X, pages 26-33and 706-708, respectively, for proceedings in Council, see Tamil NaduLegislative Council Debates, dated the 31st August 1950, Volume II, No.4,pages 290-293; for Act, see Fort St. George Gazette, Part IV-B, dated the22nd May 1951, pages 133-146].9. The Tamil Nadu Public Health (Amendment) Act, 1958 (Tamil NaduAct XXVIII of 1958).[For Statement of Objects and Reasons, see Fort St. George Gazette, PartIV-A dated the 20th August 1958, page 218; and for Act, see Fort St. GeorgeGazette, Part IV-B, dated the 29th October 1958, page 157].10. The Tamil Nadu Public Health (Amendment) Act, 1959 (Tamil NaduAct VIII of 1959).[For Statement of Objects and Reasons, see Fort St. George Gazette, PartIV-A dated the 7th January 1959, page 5, and for Act, see Fort St. GeorgeGazette, Part IV-B, dated the 22nd July 1959, pages 219-223].11. The Tamil Nadu (Transferred Territory) Extension of Laws Act,1965(Tamil Nadu Act 22 of 1965).[For Statement of Objects and Reasons, see Fort St. George Gazette, (Extraordinary), Part IV-Section 3, dated the 19th July 1965, page 64 for Act,See Fort St. George Gazette, Part IV-Section4, dated the 10th November1965].

[1939:T.N.Act III]Public Health412. The Tamil Nadu Adaptation of Laws Order, 1969, as amended by theTamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.13. The Tamil Nadu Adaptation of Laws Order, 1970.14. The Tamil Nadu Public Health (Amendment) Act, 1990 (Tamil NaduAct 25 of 1990).[For Statement of Objects and Reasons, see Part IV-Section 1 of theTamil Nadu Government Gazette Extraordinary, dated the 3 rd May 1990,pages 67-68; for Act, see Part IV-Section 2 of the Tamil Nadu GovernmentGazette Extraordinary, dated the 24th May 1990, pages 81-82].

Public Health[1939:T.N.Act III]5ARRANGEMENT OF SECTIONSSECTIONSSECTIONSCHAPTER II-cont.CHAPTER IPRELIMINARYPreambleCONTROLLING AUTHORITIESAND THEIR POWERS – cont.Public Health Establishments ofLocal Authorities – cont.1. Short title and extent2. Commencement3. DefinitionsCHAPTER IICONTROLLING AUTHORITIES ANDTHEIR t of temporaryHealth Officers in emergencies.Public Health Board11. Delegation of powers of HealthOfficer4. Constitution of the Public HealthBoard12. Appointment of persons to carryout the provisions of this Act5. Functions of the Public HealthBoard13. Powers of Director of PublicHealth over Public Health staffof local authoritiesPowers of the Government and ofthe Director of Public Health6. Powers of the Government and ofthe Director of Public Health andhis staff.6A. Power of Government to directperformance by district board ofany function devolving onpanchayats.7. Powers of the Director of PublicHealth to advise local authorities.Public Health Establishments ofLocal Authorities8. Public Health staff in local areas.8A.Special provision in respect ofpersons holding posts in thepublic health establishment in thetransferred territory.14. Executive authority’s or HealthOfficer’s control over publichealth staff.15. Local authority to provideadequate facilities to the HealthOfficer.16. Authorization of Health Officerto perform the functions ofexecutive authority in publichealth matters.CHAPTER IIIWATER SUPPLY17. Local authority to providepotable water.18. Power of Government to directlocal authority to executewater-works.

[1939:T.N.Act III]Public Health6SECTIONSSECTIONSCHAPTER III – cont.CHAPTER IV– cont.WATER SUPPLY – cont.DRAINAGE – cont.19. Power of Government to divertwater from water-main belongingto a local authority.32.20. Power of Collector in regard towater supply.33. Prohibition of occupation of newbuilding without drains.21. Power of Director of Public Healthto direct local authority toimprove water supply34. Sullage or sewage not to be let outinto streets.22. Railway administrations to submitsamples of drinking water foranalysis.23. Rules for the protection andperiodical examination of watersupply.24. Health Officer’s powers in regardto unsanitary sources.25. Levy of water-tax and earmarkingthe proceeds for water-works.26. New house not to be occupiedwithout adequate water-supply.CHAPTER IVDRAINAGE27. Local authority to maintain publicdrains.28. Power of Health Officer to requiredrains to be constructed.29. Drains in private us refuse not todischarged into public APTER VSANITARY CONVENIENCES37. Obligation of local authority toprovidepublicsanitaryconveniences.38. New houses to be provided withsanitary conveniences.39. Additional sanitary conveniences.40. Mode of construction of latrines.CHAPTER VIABATEMENT OF NUISANCES41. Certain things to be nuisances.42. Detection of nuisance.43. Information regarding nuisance.30. Drainage for huts.44. Power of Health Officer to abatenuisance.31. Drainage of Court-yard, alley,passage etc.45. Power of local authority to abatenuisance.

[1939:T.N.Act III]Public HealthSECTIONS7SECTIONSCHAPTER VI - cont.CHAPTER VII-cont.ABATEMENT OF NUISANCES-cont.PREVENTION, NOTIFICATIONS ANDTREATMENT OF DISEASES-cont.46. Provision regarding house renderedunfit for occupation by reason ofnuisance.47. Disposal of articles removed whileabating nuisance.Part I-cont.59. Prohibition of the exposure of otherpersons to infection.48. Powers of entry and inspection.60. Infected persons not to engage incertain trades and occupations.49. Power of Government in case ofdefault by local authority.61. Prevention of infectious diseasestransmissible from animals.50. Nuisance caused by act or omissionoutside local area.Part II51. Prohibition of the deposit ofrubbish etc. in street, etc.Notified Infectious DiseasesCHAPTER VIIPREVENTION, NOTIFICATION ANDTREATMENT OF DISEASESPart I.Infectious Diseases in General62. Notified diseases.63. Occupation of houses to prevent thespread of infection.64. Information regarding notifieddisease.65. Power of entry of local officers totake preventive measures.52. Infectious diseases.66. Destruction of hut or shed toprevent spread of infection.53. Appointment of additional healthstaff67. Closure of lodging houses.54. Provision and maintenance ofisolation hospitals and wards.68. Infected clothes not to be sent tolaundry.55. Provision of ambulances etc.69. Infected persons not to use publicconveyance.56. Medical practitioners to giveinformation of certain infectiousdiseases.70. Letting or sub-letting a buildingoccupied by an infected person.57. Prohibition of the use of water fromsuspected source.58. Removal of infected person tohospital.71. Prohibition of the exposure of otherpersons to infection.72.Forbiddingpremises.workininfected

[1939:T.N.Act III]Public HealthSECTIONS8SECTIONSCHAPTER VII-cont.CHAPTER VIIIPREVENTION, NOTIFICATIONS ANDTREATMENT OF DISEASES-cont.MATERNITY AND CHILD WELFAREPart II-cont.Notified Infectious Diseases-cont82. Local authority to carry outmaternity and child welfaremeasures.CHAPTER IX73. Prohibition of use of public libraryby infected person.74. Disposal of bodies of persons dyingwhile suffering from notifieddisease.75. Power of Magistrate to prohibit anassembly of more than fiftypersons.76. Power of Government to conferspecial powers on officials tocontrol notified diseases.77. Destruction of rats, mice etc.MOSQUITO CONTROL83. Prohibition of mosquito breedingin collection of water.84. Treatment of mosquito breedingplaces.85. Health Officer’s powers in case ofdefault.86. Protection of anti-mosquito works.87. Prohibition of interference withsuch works.Part III88. Power of Health staff to enter andinspect premises.Venereal DiseasesCHAPTER X78. Provision for treatment of venerealdisease by local authorities.SANITATION AND BUILDINGS79. Patient to be instructed in methodsof prevention of the spread ofvenereal disease.80. Certain medical practitioners tocertify as to freedom fromvenereal disease.Part IVPower to make rules81. Rules for the prevention, treatmentand control of certain diseases.Part IResidential Areas89. Notification of residential areas.90. Approval of Director of PublicHealth and of Director of TownPlanning to be obtained fornotification.91. Appeal against notification.92. Consequences of notification.93. Extension of sections 89 to 92 tonon-urban local authorities.

[1939:T.N.Act III]Public HealthSECTIONSCHAPTER –X cont.9107A. Prohibition of sale of foodwithout licence in certain places.SECTIONSSANITATION AND BUILDINGS-cont.CHAPTER –XI - cont.Part IIControl over Insanitary Buildings94. New Building not be erected oncertain sites.95. Cleaning of court-yard or passageused in common.LODGING HOUSES- cont.107B. Issue of licence107C.Power to make rules for fixingrequirementsasregardssanitation.CHAPTER XII96. Dwelling houseunfit for human habitation to bevacated.97. (Omitted)Part IIIAbatement of Overcrowding98. Definitions99. Duties of landlord100. Power to make rules.CHAPTER XILODING HOUSES101. Lodging houses to be registered102. Register of lodging houses103. Conditions of registration and ofrenewal of registration.104. Appeal to local authority105.Rules for the upkeep andmaintenance of lodging houses106. Notice to be affixed outside thelodging house.107. Cancellation of registration bycourt.FOOD CONTROL108. Prohibition of sale of unsoundfood109.Punishment for contraveningprovisions of section 108, throughothers.110. Flesh of dead animal not to beconsumed111. Importing meat into local area112. Power of Health Officer to enterpremises used for Food trade112A.Power of the Health Officer inregard to unwholesome food113. Powers of Health Officer to dealwith carriers of disease handlingfood114. Investigation of diseases causedby milk or dairy produce.115. Inspection of dairy by HealthOfficerCHAPTER XIIIFAIRS AND FESTIVALS116. Notification of fairs and festivalsby Government

[1939:T.N.Act III]Public Health10117. Levy of pilgrim tax on travelersby inland water ways.132.Breach of by-laws.SECTIONSSECTIONSCHAPTER XIII-cont.CHAPTER XV-cont.FAIRS AND FESTIVALS-cont.118. Levy of tools on vehicles.119. Notice to be given of fair orfestival.120. Sanitary arrangements etc.121. Health Officer to supervise thearrangements.122. Power to enter and seizeunwholesome food.123. Occupation of buildings etc.,required in connection with fairor festival124. Control over private sources ofwater supply125. Licensing of houses toaccommodate visitors to fair orfestival.125A. Extension of provisions ofChapter to certain areas.CHAPTER XIVFINANCE126. Manner of spending proceeds oftaxes and tolls levied in respect offairs and festivals.127. Earmarking of revenue by localauthorities for expenditure onPublic Health.CHAPTER XVRULES, BY-LAWS,PENALTIES ETC.128.Power of Government to makerules.129.Penalty for breach of rules130.Procedure for making and theeffect of rules.131.By-laws by local authorities.RULES,BY-LAWS,PENALTIES ETC.-cont.133. Procedure for making or alteringby-laws.134. Penalties for offences against Actetc.135. Penalty for preventing entry ofexecutive authority of HealthOfficer.MISCELLANEOUS136. Appeal against decisions of HealthOfficer137. Method of serving notices138. Cognizance of offences againstthe Act138A. Powers to compound offences139. Powers of Police Officers to arrestoffenders against Act etc.140.Powers of executive officer andpublic health staff to arrestoffenders against Act etc.141. Procedure after arrest142. Bar of suits and prosecutions incertain cases.143.Punishment for malicious abuse ofpowers.143A.DelegationGovernmentofpowersby144. Act to override other enactments.145. Power to remove difficultiesSCHEDULE I - Ordinary penalties

Public Health[1939:T.N.Act III]SCHEDULE II continuing breachesPenaltiesfor11

[1939:T.N.Act III]Public Health12THE TAMIL NADU PUBLIC HEALTH ACT,1939(TAMIL NADU ACT NO.III OF 1939.)1(Received the assent of the Governor on the 28th February 1939; firstpublished in the Fort St, Georg Gazette on the 7th March 1939.)An Act to make provision for advancing the PublicHealth of the [State of Tamil Nadu]2WHEREAS it is expedient to make provision for advancing the PublicHealth of the [State of Tamil Nadu]2. It is hereby enacted as follows:-CHAPTER I.PRELIMINARY.Short title(1) This Act may be called the 3[Tamil Nadu] Public Health Act. 19392.* and extent1.For Statement of Objects and Reasons, see Fort St, George Gazette, Extraordinary, dated the 10 th November1938. Part IV, pages 75-95.2.These words were substituted for the words “State of Madras” by the Tamil Nadu Adaptation of LawsOrder, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order. 1969.3.These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, asamended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.* This Act was extended to the merged State of Pudukkottai by section 3 of, and the first Schedule to, theTamil Nadu Merged States (Laws) Act, 1949, (Tamil Nadu Act XXXV of 1949).So much of this Act as was in force on the date of commencement of the Tamil Nadu (Added Territories)Extension of Laws(No.2) Act, 1961 (Tamil Nadu Act 39 of 1961) in the State of Madras except in the addedterritories was extended to the added territories by section 3 of, and the First Schedule to, the latter Act.So much of this Act as was in force on the date of the commencement of the Tamil Nadu (TransferredTerritory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965) in the State of Madras except in thetransferred territory and as amended by the latter Act was extended to the transferred territory by section 4(2) of,and the Second Schedule to, the said Act repealing the corresponding law in force in that territory.

[1939:T.N.Act III]CommencementPublic Health13(2) It extends to the whole of the [State of Tamil Nadu]2.2.(1) The provisions of this Act, except Chapter IX and Part III of chapter X,shall come into force in the whole of the 2[State of Tamil Nadu] at once.(2) The Government may, from time to time, by notification extend all orany of the provisions of Chapter IX to any local area in the 2[State of TamilNadu] and may cancel, or modify any such notification.(3) (a) The provisions of part III of Chapter X shall come into force atonce—(i) In the City of Madras; and(ii) In every local area which has been, or may hereafter1 be, declared to a [TamilNadu ] ActV of 1920be a municipality under the (Tamil Nadu) District Municipalities Act, 1920.(b) The Government may, from time to time, by notification, extend theprovisions of part III of Chapter X to any other local area in the [State of TamilNadu]2 and may cancel or modify any such notification.1Definitions3. In this Act, unless there is anything repugnant in the subject or context –(1) “Building” includes—(a) a house, out-house, stable, latrine, go down, shed, hut, wall (otherthan a boundary wall not exceeding eight feet in height) and any other suchstructure, whether of masonry, bricks, wood, mud, metal or any other materialwhatsoever.(b) a structure on wheels or simply resting on the ground withoutfoundations; and1.These words were substituted for the word ”Madras” by the Tamil Nadu Adaptation of Laws Orders,1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order. 1969.2.This expression was substituted for

GOVERNMENT OF TAMIL NADU 1993 (Printed under the authority of the Governor of Tamil Nadu by the Director of Stationery and Printing, Madras) GOVERNMENT OF TAMIL NADU LAW DEPARTMENT. THE TAMIL NADU PUBLIC HEALTH ACT, 1939. (TAMIL NADU ACT III OF 1939.) (As modified up to the 30th November 1993)

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