Section 214 in The Gujarat Municipalities Act, 1963
214. Powers to prevent disease which may at any time be conferred.
(1)Whenever any area within a municipal borough is declared by the State Government as affected by the out-break of any dangerous disease the municipality shall, subject to the limitations, restrictions, and conditions, if any, as the State Government may by notification in the Official Gazette prescribe in this behalf, exercise within the municipal borough the powers specified in sub-section (2), until the declaration made is withdrawn.(2)The powers to be exercised by the municipality shall be as follows, namely:-(a)Power by orders, which may be either of special or general application, to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 any factory 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 his management, or control, is suffering from any illness which may reasonably be supposed to be a dangerous disease, shall give information of the same with the least practicable delay to such person as may be designated by the municipality 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 dangerous 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 municipality on the advice of a medical officer, likely to endanger or cause the spread of any dangerous disease.(d)Power to direct or cause the removal on a certificate signed by any duly qualified medical practitioner authorised by the municipality 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 a dangerous disease, to any hospital or place at which persons 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 municipality.(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, of for other cause which the municipality, in the circumstances of the case considers, reasonable, at the expense of the municipality.(f)Power-(i)to provide and maintain suitable conveyance for the free carriage of persons suffering from any dangerous disease, and(ii)when such provision is made, to prohibit the conveyance of such person in all or any public conveyances and(iii)to direct that conveyances that may at any time to be used for conveying any such person shall be immediately disinfected.(h)Power to prohibit-(i)any person suffering from any dangerous 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, dharmashala 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, transferring to another person, except for the purpose of disinfection, any article which the person prohibited knows or has believe has been exposed to infection of any kind whatsoever from any dangerous disease.(j)Power to prohibit the letting of or the providing of accommodation in any hotel, inn, dharmashala, or serai in which a person has, or in which there is reason to believe that a person has been suffering from a dangerous 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 municipality of such officer as the municipality may appoint 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 a dangerous disease.(3)The municipality may, in its discretion, give compensation to any person who sustains substantial loss by the destruction of any property under this section, but, except as allowed by the municipality, no claim for compensation shall for any loss or damage caused by any exercise of the powers specified therein.(4)Any person who in a municipal borough disobeys any order which is for the time being in force therein, and which has been passed by the municipality in exercise of any power conferred on such municipality under this section, or obstructs any officer of the municipality' or other person acting under the authority of the municipality in carrying out executively any such order, shall be punished with fine which may extend to one hundred rupees.
