Amendment status not verified — confirm the current text below against the official source.
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 modify such activity and recover the cost incurred from the person or institution concerned in the manner as prescribed. 67 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/ (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 the 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, poor 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 Food 68 This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/ 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 decayed, 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 District 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.