Epidemic Diseases Act,1897
Act No : 3
Section : POWER TO TAKE SPECIAL MEASURES AND 'PRESCRIBE REGULATIONS AS TO DANGEROUS EPIDEMIC DISEASES
SECTION 02: POWER TO TAKE SPECIAL MEASURES AND 'PRESCRIBE REGULATIONS AS TO DANGEROUS EPIDEMIC DISEASES
(1) When at any time the4[State Government] is satisfied that5[the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the4[State Government], if6[it] thinks fit that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as6[it] shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
(2) In particular and without prejudice to the generality of the foregoing provisions, the 4[State Government] may take measures and prescribe regulations for -
d[ * '* * * * *-] (b) the inspection of persons travelling by railway or otherwise and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.
OBJECTS AND REASONS "We have amended Clause 2 by providing that the Governor-General in Council [Now, the Provincial Government] must be satisfied that India is visited or threatened with epidemic disease before taking action under the Act. We have also made it clear that the power to take measures conferred by the clause includes the power of compelling or authorising other persons to take measures. As regards the use of the term 'person' in the Bill it must be read by the light Of Section 2(3) of the General Clauses Act, 1868-[now see Section 3(39) of the General Clauses Act,
1897]-, which provides that 'person' shall include any company or association or body of individuals whether incorporated or not.
It is, therefore, clear that the term. covers a local authority, whether, incorporated or not. In some cases measures might be required which would cause injury to private property and where it might be right that compensation should be given. We have, therefore, inserted words in the same clause to provide that the Government may determine in what cases and by whom compensation shall be given." - S. O. R.State AmendmentsState Amendments State Amendments
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