Public Health Acts In India

3. The Travancore-Cochin Public Health Act 1955 (Act XVI of 1955); 4. The Madras Public Health Act 1939 (Madras Act III of 1939) As per the Kerala Panchayat Raj Act, 1994 (Third, Fourand Fifth Schedules) and the Kerala Municipality Act, 1994 (First Schedule) public health is a function which has been develoved to local governments, particularly the Village Panchayats and Municipalities. Some of the important functions related to public health listed in the Schedules mentioned above are given below: (i) Collection and disposal disposal of solid waste and control of liquid waste disposal; (ii) Sanitation and maintenance of environmental hygiene; (iii) Management of markets; (iv) Vector control; (v) Regulation of slaughtering of animals and sale of meat, fish and other perishable food items; (vi) Regulation of eating establishments; (vii) Prevention of food adulteration; (viii) Immunization and other preventive measures; (ix) Opening and maintenance of burial and burning grounds; (x) Licensing of dangerous and offensive trades; (xi) Control of fairs and festivals; (xii) Providing of toilet facilities in public places; (xiii) Licensing of pet dogs and destroying stray dogs; (xiv) Management of dispensaries, primary health centers and subcentres, community health centers, taluk hospitals and district hospitals; (xv) Management of child welfare centers and maternity homes.

Government have already transferred the management of Primary Health Centres and Dispensaries to the Village Panchayats, the Community Health Centres (CHCs) and Taluk Hospitals to the Block Panchayats and Municipalities as the case may be. A decision has recently been taken to transfer the District Hospitals to the District Panchayats. Thus barring a few special purpose hospitals and the Medical Colleges, the entire health care system in Allopathy, Ayurveda and Homeopathy have been rought under the control of local governments. In Kerala there are two Acts governing public health - The TravancoreCochin Public Health Act, 1955 covering the erstwhile TravancoreCochin areas and the Madras Public Health Act, 1939 covering the erstwhile Madras Presidency areas. After independence major policy changes have been brought about in the sphere of public health. There have been rapid advancements in technology applications and certain basic shifts in perception of governmental responsibility in public health. With the local governments being brought to the center of public health responsibility there is undoubtedly a need for a unified Public Health Act. The Committee or Decentralisation of Powers recommends that a unified Act be brought about which clearly defines the role of various government institutions, the level of local government control over them, the duties of medical officers, the responsibility of various health staff, issues of preventive health care, sanitation and hygiene including management of waste and control of pollution. Already a Kerala Public Health Bill has been drafted. The Committee recommends that this Bill can be used as a base an improvements made in accordance with the changed context. An expert committee may look into the Bill and suggest modifications required. As the enactment of a fundamental law like the Public Health Act would take some time, it is suggested that immediate amendments may be brought about in the two Acts governing public health which are now in vogue. 1. The Travancore-CochinPublic Health Act, 1955. The amendments suggested to this Act are listed below: 1) In Section 2 of the Travancore-Cochin Public Health Act, 1955 the definitions of the terms 'District Councils', 'local authority', 'executive officer', 'executive authority' may be amended suitably.

2) In Section 3, for the words 'Director of Public Health' the words 'Director of Health Services' may be substituted. Consequential changes may also be made. 3) In sub-section (1) of section 7, the words 'urban' and 'may and if so required by the Government' may be deleted. 4) Sub-section (2) of section 7 may be omitted and sub-section (1) of the said section may be renumbered as section 7. After Section 7 so renumbered, the following proviso may be added namely:"Provided that, where in the area of a Village Panchayat or Municipality there is no Health Officer posted the Government may nominate a Medical Officer serving in any of the health institutions under the control of the Village Panchayat or Municipality, as the case may be to function as the Health Officer Ex-officio of that Village Panchayat or Municipality." 5) In Chapter II following Section may also be added after Section 14, to provide for control of the local authority over the health institutions transferred to them. "14A Local Authority to manage health institutions:- (1) The local authority shall manage health institutions transferred to it by Government. (2) The government may issue directions to the local authority on matters relating to health policy, planning for health facilities, standards to be maintained, mode of administration and it shall be the duty of the local authority to carry them out." 6) Chapter III deals with water supply. Section 15 requires the local authority to provide or arrange to provide water supply to the inhabitants of the area. The Kerala Panchayat Raj Act, 1994 and Kerala Municipality Act, 1994 make the supply of drinking water, the function of Village Panchayat and Muncipality in accordance with the Constitution Amendments. The Committee has elsewhere suggested amendments to the Kerala Water Supply and Sewerage Act 1986 to provide for a clear role to local governments in providing drinking water. However, Chapter III may be retained as such. In the light of the recommendation for a unified Public Health Act there is no need to amend other provisions at present.

2. The Madras Public Health Act, 1939. The Travancore-Cochin Public Health Act 1955 has been modeled on the Madras Public Health Act, 1939. Practically the two Acts are almost identical. The amendments suggested to this Act are listed below. 1. In section 3, the definition of the term "District Control" may be deleted and the terms "local authority", "executive authority" and "executive officer" may be redefined. 2. In section 4 and in the subsequent section, the words "Director of Public Health wherever they occur may be substituted by the words "Director of Health Services". 3. In sub section (1) of section 9 the words "if so required by the Government" may be deleted. 4. Sub section (2) of section 9 may be substituted by the following sub section: "(2) Where in the area of a Village Panchayat or Municipality there is no health officer posted, the Government may nominate a Medical Officer serving in any health institution under the control of the village panchayat on municipality, as the case may be, to function as the Health Officer Ex-official of that village panchayat or municipality." 5. After section 16 the following new section may be inserted "16A Local Authority to manage health institutions:- (1) The local authority shall manage health institutions transferred to it by Government. (2) The government may issue directions to the local authority on matter relating to health policy, planning for health facilities, standards to be maintained, mode of administration and it shall be the duty of the local authority to carry them out."