The Public
Health (Emergency Provisions) Ordinance, 1944
(Ordinance
XXI of 1944)
[20 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
services 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. Short
title, extent and commencement.— (1) This Ordinance may be called the Public Health
(Emergency Provisions) Ordinance, 1944.
(3) It shall come into force at once.
2. Definitions.— In this Ordinance, unless there is anything repugnant in
the subject or context,—
(a) “appropriate
Government” means in relation to cantonment authorities and to port authorities
in major ports, the [2][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 any body,
whether incorporated or not, engaged in providing a supply of water;
(d) “medical
establishment” means establishment employed in connection with 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 a 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 essential to the
health of the community.
3. Power to require local authorities to
take health measures.—
(1) The appropriate Government may by order in writing require any local
authority to take within such period as may be specified in the order such
measures as may be so specified, being measures which are in the opinion of
that Government necessary for any purpose of this Ordinance; and thereupon it
shall be the duty of the local authority to comply with the order within the
specified period.
(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,
authorise any person to take or complete, as the case may be, the said
measures; and the person so authorised 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
authorised 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.
4. Power to appoint additional health
staff.— (1) The appropriate Government may,
if it considers it necessary for any purpose of this Ordinance, appoint in any
local area additional medical or public health establishment to perform such
duties and exercise such functions as the appropriate Government may direct.
(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.
5. Powers of superintendence.— (1) The appropriate Government may, if it considers it
necessary for any purpose of this Ordinance, by order in writing assume the
superintendence of all or any of the medical and public health services of any
local authority.
(2) Upon the assumption of superintendence
under sub-section (1),—
(a) the
appropriate Government may by order in writing specify the scale of the medical
or public health establishment 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 authorise persons to carry out such inspection,
superintendence and control and define their powers and duties when so acting;
(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.
6. Power to take over administration of
services.— The appropriate Government may, if
it considers it necessary for any purpose of this Ordinance, authorise by order
in writing any person to take over from any local authority the administration
of all or any of its medical and public health services or of any medical
institution maintained by the local authority; and the person so authorised may
for the purposes of such administration exercise all the powers specified in
sub-section (2) of section 3 of a person authorised under that sub-section; and
all charges and expenses incurred by the person authorised under this section
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.
7. Water
supply.— (1) A local
authority may, with the previous sanction of the appropriate Government, supply
water to any other local authority or to any other authority or person within
or without its local area upon such terms as may be agreed, notwithstanding any
provision prohibiting or restricting such supply contained in any other law.
(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
therefor and to such other conditions as the appropriate Government may
consider reasonable.
8. Power to give directions.— For the purpose of carrying into effect any of the
foregoing provisions of this Ordinance or any order made thereunder, the
appropriate Government may in writing give to any local authority such
directions as it thinks fit, and it shall be the duty of the local authority to
comply therewith.
9. Power to supersede local authorities.— (1) If the appropriate Government is of opinion that any
local authority has failed to comply, or has delayed in complying, with any
order or rule made or direction given under this Ordinance or has failed to act
in accordance with or give effect to any notification issued under section 10,
the appropriate Government may, by order in writing, supersede the local
authority for such period as may be specified in the order.
(2) When an order of supersession 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 supersession, be exercised and performed by such person as the
appropriate Government may authorise in this behalf;
(c) all
property vested in the local authority shall, during the period of
supersession, vest in 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.
10. Power to modify rules, bye-laws, etc.— In relation to any local area the appropriate Government
may, by notification in the official Gazette, make any rules, bye-laws,
regulations, or orders connected with any purpose of this Ordinance which the
local authority would under any law for the time being in force be competent to
make, and may in like manner amend or suspend the operation of any such rule,
bye-law, regulation or order made by the local authority:
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[3][3] or 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.
11. Power to make rules.— (1) The appropriate Government may make rules for carrying
out the purposes of this Ordinance, and in particular and without prejudice to
the generality of the foregoing power, such rules may—
(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;
(e) provide
for the temporary transfer of members of the medical and public health
establishments of any local authority to serve 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.
12. Certain persons deemed to be public
servants.— All persons authorised under
sub-section (2) of section 3, clause (d) of sub-section (2) of section 5,
section 6 or clause (d) of sub-section (2) of section 9 shall be deemed to be
public servants within the meaning of the Pakistan Penal Code[4][4].
13. Protection
of action taken under this Ordinance.— No suit, prosecution or other legal proceeding shall lie
against any person for anything in good faith done or intended to be done under
this Ordinance.
14. Effect
of other laws.— The provisions of this Ordinance
and of any rules and orders made thereunder shall have effect notwithstanding
anything contained in any law defining the powers, duties or obligations of a
local authority.
[1][1]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of
1960), section 3 and 2nd Schedule (with effect from the 14th October, 1955),
for the original sub-section (2), as amended by the Adaptation of Central Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949).
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