THE KERALA EPIDEMIC DISEASES ACT, 2021

GOVERNMENT OF KERALA 

Law (Legislation-H) Department 

NOTIFICATION 
 

No. 9723/Leg. H1/2020/Law.                  Dated, Thiruvananthapuram, 17th June, 2021 

 3rd Mithunam, 1196 

 27th Jyaishta, 1943. 

 

 

 
In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of 

Kerala is pleased to authorise the publication in the Gazette of the following translation in 

English language of the Kerala Epidemic Diseases Act, 2021 (4 of 2021). 

 By order of the Governor, 

 V. HARI NAIR 

 Law Secretary. 

  

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[Translation in English of “2021-ടേ കേരള സാംപ്േമിേ കരാഗങ്ങള്‍ക ആേ്റ്” 
published under the authority of the Governor.] 

ACT 4 OF 2021 

THE KERALA EPIDEMIC DISEASES ACT, 2021 

AN 

ACT 
 

to unify and consolidate the laws relating to the regulation and prevention of epidemic 

diseases and for matters connected therewith or incidental thereto. 

Preamble.—WHEREAS, it is expedient to unify and consolidate the laws relating 

to the regulation and prevention of epidemic diseases and for matters connected 

therewith or incidental thereto; 

BE it enacted in the Seventy-second year of the Republic of India as follows:— 

1. Short title and commencement.—(1) This Act may be called the Kerala 

Epidemic Diseases Act, 2021. 

(2) Section 8 shall be deemed to have come into force on the 4th day of July, 

2020 and remaining sections shall be deemed to have come into force on 

27th day of March, 2020. 

2.  Definitions.—  In this Act unless the context otherwise requires,— 

(a) “Epidemic Disease” means any disease declared as epidemic disease by 

notification published in the official gazette, by the Government; 

(b) “Government” means the Government of Kerala; 

(c) “prescribed” means prescribed by rules or regulations made under this Act; 

(d) “regulation” means the regulations made under this Act; 

(e) “State” means the State of Kerala. 

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3.  Power of Government to notify epidemic disease.—Government may, by 

notification in the official gazette, notify any disease as epidemic disease, for the 

purposes of this Act, either throughout the State or in such part or parts thereof as may 

be specified in the notification. 

4. Power to take special measures and specify Regulations as to epidemic 

disease.—(1) When at any time the Government is satisfied that the State or any part 

thereof is visited by or threatened with an outbreak of any epidemic disease, the  

Government may take such measures, as it deems necessary for the purpose, by 

notification in the official gazette specify such temporary regulations or orders to be 

observed by the public or by any person or class of persons so as to prevent the outbreak 

of such disease or the spread thereof and require or empower District Collectors to 

exercise such powers and duties as may be specified in the said regulations or orders. 

(2) In particular and without prejudice to the generality of the foregoing 

provisions, the Government may take measures and specify regulations,— 

(a) to prohibit any usage or act which the Government considers sufficient 

to spread or transmit epidemic diseases from person to person in any gathering, 

celebration, worship or other such activities within the State; 

(b) to inspect the persons arriving in the State by air, rail, road, sea or any 

other means or in quarantine or in isolation, as the case may be, in hospital, temporary 

accommodation, home or otherwise of persons suspected of being infected with any 

such disease by the officers authorized in the regulations, or orders; 

(c) to seal State borders for such period as may be deemed necessary; 

(d) to impose restrictions on the operation of public and private transport; 

(e) to  prescribe social distancing norms; 

(f) to restrict or prohibit congregation of persons in public places and 

religious institutions; 

(g) to regulate or restrict the functioning of Government and private offices 

and educational institutions in the State; 

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(h) to impose prohibition or restrictions on the functioning of shops and 

commercial establishments, factories, workshops and godowns; 

(i) to restrict duration of services in essential or emergency services such as 

banks, media, healthcare, food supply, electricity, water, fuel etc.; and 

(j) such other measures as may be necessary for the regulation and prevention 

of epidemic diseases, as decided by the Government. 

5.  Penalty.—Any person/institution/company who is bound by regulations or 

orders contravenes or disobey any such regulation or order made under this Act or 

obstruct any officer empowered under this Act, shall on conviction be punishable with 

imprisonment for a term which may extend to two years or with fine which may extend 

to ten thousand rupees or with both. 

6.  Abetment of offences.—Whoever abets any offence under this Act and if the 

act abetted is committed in consequence of the abetment, shall be punishable with 

imprisonment for a term which may extend to two years or with fine which may extend 

to ten thousand rupees or with both. 

7. Offence under this Act to be cognizable and bailable.—Notwithstanding 

anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) all 

offences under this Act shall be cognizable and bailable. 

8. Composition of offences.—(1) Offences punishable under this Act may be 

compounded on the application of the accused either before the institution of 

prosecution or with permission of the court concerned after the institution of 

prosecution, by such officers and for such amount, as the Government may by 

notification published in the Official Gazette, specify in this behalf. 

(2) Where an offence has been compounded, no further proceedings shall be 

continued against the offender in respect of the offence compounded and the offender 

if in custody and the vehicles if any seized shall be released. 

9.  Act not in derogation of any other law.— The provisions of this Act shall be in 

addition to and not in derogation of the provisions of any other law for the time being 

in force. 

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10.  Protection of action taken in good faith.— No suit, prosecution or other legal 

proceedings shall lie against any person for anything which is done in good faith or 

intended to be done by or under this Act. 

11. Power to remove difficulties.— If any difficulty arises in giving effect to the 

provisions of this Act, the Government may, by order published in the Gazette, make 

provisions not inconsistent with the provisions of this Act which appear to it to be 

necessary or expedient, for removing the difficulty: 

Provided that no such order shall be made after the expiry of a period of two 

years from the date of commencement of this Act. 

12. Power to make rules.—(1) The Government may, by notification in the 

Gazette, make rules either prospectively or retrospectively for the purpose of carrying 

into effect the provisions of this Act. 

(2) Every rules and regulations made under this Act shall be laid, as soon as 

may be after it is made, before the Legislative Assembly, while it is in session for a total 

period of fourteen days which may be comprised in one session or in two successive 

sessions and if, before the expiry of the session in which it is so laid or the session 

immediately following, the Legislative Assembly makes any modification in the rule or 

regulations or decides that the rule and/or regulation should not be made, the rule or 

regulation shall, thereafter, have effect only in such modified form or be of no effect, 

as the case may be; so however that any such modification or annulment shall be without 

prejudice to the validity of anything previously done under that rule or regulation. 

13. Repeal and saving.— (1) The Epidemic Diseases Act, (I of 1072 M.E., Cochin 

Act), the Epidemic Diseases Act, 1073 (II of 1073 M.E., Travancore Act) and the Kerala 

Epidemic Diseases Ordinance, 2021 (Ordinance No.22 of 2021)  are hereby repealed. 

(2) Notwithstanding such repeal, anything done or deemed to have been  

done or any action taken or deemed to have been taken under the Epidemic Diseases 

Act, (I of 1072 M.E., Cochin Act), the Epidemic Diseases Act, 1073 (II of 1073 M.E., 

Travancore Act) and the Kerala Epidemic Diseases Ordinance, 2021 (Ordinance No. 22 

of 2021) shall be deemed to have been done or taken under this Act. 

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____________________________________________________________________________________________________________________________

PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2021