THE PUBLIC HEALTH (EMERGENCY PROVISIONS)

ORDINANCE, 1944.

(Ordinance XXI of 1944).

CONTENTS

SECTIONS.

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Power to require local authorities to take health measures.

4.                  Power to appoint additional health staff.

5.                  Powers of superintendence.

6.                  Power to take over administration of services.

7.                  Water supply.

8.                  Power to give directions.

9.                  Power to supersede local authorities.

10.              Power to modify rules, bye-laws, etc.

11.              Power to make rules.

12.              Certain Persons deemed to be public servants.

13.              Protection of action taken under this Ordinance.

14.              Effect of other laws.

THE PUBLIC HEALTH (EMERGENCY PROVISIONS) ORDINANCE, 1944.

(Ordinance XXI of 1944).

[20th May, 1944] 

An Ordinance to make special provisions in regard to public health

            WHEREAS an emergency has arisen which renders it neces­sary to make special provision for preventing the spread of human disease, safeguarding the public health and providing and main­taining adequate medical service and other services essential to the health of the community:

            NOW, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India  Act,   1935, the  Governor-General is pleased to make and promulgate the following Ordi­nance:—

            [1][(2) It extends to the whole of Pakistan].

            (3) It shall come into force at once.

(a)          "appropriate Government" means in relation to cantonment authorities and to port authorities in major ports, the [2][Federal Government], and in rela­tion to all other local authorities, the Provincial Go­vernment;

(b)         "local area" means the area within which a local au­thority exercises its functions;

(c)          "local authority" in this section and sections 7 to 10 and 14 includes anybody, whether incorporated or not, engaged in providing a supply of water:

(d)         "medical establishment" means establishment em­ployed in connection with the provision of medical services;

(e)          "public health services" and public health “establish­ment" include respectively sanitary, water-supply, vaccination, sewage, disposal, drainage and conser­vancy services and establishment maintained for the purposes of such services, and any other service or establishment of a local authority which the appro­priate Government may by notification in the official Gazette declare to be public health service or public health establishment for any purpose of this Ordinance;

(f)          "purpose of this Ordinance" includes the purposes of ensuring the provision of adequate medical services, of preventing the spread of human disease, of safe­guarding the public health and of providing or maintaining services essetial to the health of the community.

            (2) If in the opinion of the appropriate Government a local authority which has been ordered under sub-section (1) to take any measures has failed to take, or is unlikely to complete, such measures within the period specified in the order, the appro­priate Government may, without prejudice to any other action which may be taken under this Ordinance, authorize any person to take or complete, as the case may be, the said measures; and the person so authorized may for the purpose exercise all or any of the powers of the local authority or of any committee or officer of the local authority conferred by or under any law for the time being in force, issue such directions as he thinks fit to the officers or servants of the local authority, and if he finds it necessary or expedient so to do, employ any outside agency.

            (3) All charges and expenses incurred by a local authority in complying with an order under   sub-section (1) or by a   person authorized under sub-section (2) shall, except to such extent, if any, as the appropriate Government may direct to be paid out of its revenues, be paid out of the funds of the local authority.

            (2) Such additional establishment shall, unless and to such extent as the appropriate Government otherwise directs, be under the control of the appropriate Government, but its salaries and allowances or any specified portion thereof shall, if the appropri­ate Government so orders, be paid out of the funds of the local authority.

            (2) Upon the assumption of   superintendence under sub­section (1),—

(a)          the appropriate Government may by order in writing specify the scale of the medical or public health established concerned to be maintained by the local authority, the qualifications to be required for appoint­ment to posts in such establishment, and the pay and other conditions of service of such establishment;

(b)         the powers of appointment, dismissal and punish­ment of, and grant of leave to, members of such es­tablishment shall vest in such authority as the appro­priate Government may appoint in this behalf;

(c)          the appropriate Government may by order in writing specify the powers to be exercised by Health Officers employed under the local authority;

(d)         the appropriate Government shall have power to inspect, superintend and control the operations of the local authority in regard to any purpose of this Ordi­nance, and may by order in writing authorize per­sons to carry out such inspection. superintendence and control and define their powers and duties when so acting; and

(e)          the costs of and incidental to the services and estab­lishment concerned shall continue to be paid out of the funds of the local authority.

            (2) The appropriate Government may by order in writing direct any local authority to supply water to any area or to any authority or person within or without its local area at such places and in such quantities as may be specified in the order, subject to such payment being made there- for and to such other conditions as the appropriate Government may consider reasonable.

            (2) When an order of super session has been made under sub-section (1),—

(a)   all the members of the local authority shall, as from the date of supersession, vacate their offices as such members;

(b)   all the powers and duties which may by or under any law for the time being in force be exercised or per­formed by or on behalf of the local authority shall, during the period of super- session, be exercised and performed by such person as the appropriate Govern­ment may authorize in this behalf;

(c)   all property vested in the local authority shall, during the period of super session, vest the appropriate Government.

            (3) On the expiration of the period of supersession speci­fied in the order under sub-section (1), the appropriate Govern­ment may by order in writing,-

(a)          extend the period for such further term as it may consider necessary; or

(b)         direct that the local authority shall be reconstituted in the manner provided for its constitution by or under the law relating thereto, and in such case any persons who vacated their offices under clause (a) of sub-section (2) shall not be deemed to be disqualified thereby for election, appointment or nomination; or

(c)          direct  that the local authority shall be reconstituted by the persons who vacated their offices under clause (a)   of sub-section (2) and shall recommence func­tioning as if it had not been superseded:

            Provided that the appropriate Government may, at any time before the expiration of the period of supersession whether as originally specified under sub-section (1) or as extended under this sub-section, make an order under clause (b) or clause (c) of this sub-section.

            Provided that, notwithstanding anything to the contrary in any other law, it shall not be necessary when issuing any such notification to comply with the provisions of section 23 of the General Clauses Act, 1897 or of the similar provisions of any local law or with any law providing for any procedure preliminary to the making of any such rule, bye-law, regulation or order:

            Provided further that it shall   be   sufficient   for the purpose of—

(a)     cancelling any rule, bye-law, regulation or order made by the appropriate Government by notification under this section, or

(b)     restoring to its form immediately prior to its amend­ment by notification under this section any rule, bye-law, regulation or order so amended, to rescind the notification.

(a)          prescribe any disease against the spread of which special precautions are considered by the appropriate Government to be necessary;

(b)         prohibit any act which in the opinion of the appro­priate Government is likely to lead to or facilitate the spread of any disease prescribed under clause (a);

(c)          provide for the restraint, segregation and restriction of movement of persons suffering or suspected to be suffering from any such disease;

(d)         provide for the temporary transfer of members of the medical and public health establishments of any local authority to service in another local area under the appropriate Government or another local authority.

            (2) In making rules under this section, the appropriate Government may provide that a breach of any of the rules shall be punishable with imprisonment which may extend to three months or with fine or with both.