VOL. LII. No. 35 WEDNESDAY, 11th JANUARY, 2017/21st PAUSA, 1938 (SAKA)
GOVERNMENT OF INDIA
LAKSHADWEEP ADMINISTRATION
(DIRECTORATE OF HEALTH SERVICES)
Kavaratti Island,
Dated : 18 -11-2016
NOTIFICATION
F.No. 30-8/2016-DHS/NVBDCP :- Whereas the Administrator, Union Territory of Lakshadweep is of the opinion that the ordinary provisions of law for the time being in force in the Union territory of Lakshadweep Islands are insufficient to prevent the outbreak and spread of Malaria and other vector borne diseases like chikungunya,Dengue,etc.
Now therefore the exercise of powers conferred under section 2 of the Epidemic Disease Act 1897 read with Article 239 of the Constitution of India and in view of the letter D.No 14-4/2016-17/NVBDCP/MTD/Malaria Elimination/Pt file, dated 07.06.2016 of the Ministry of Health and Family Welfare Government of India and all other powers enabling him in this behalf, the Administrator, Union Territory of Lakshadweep is pleased to make the following regulations namely:-
1. Short Title and Commencement:- (1). These regulations may be called "Lakshadweep Prevention and control of Malaria and other Vector Borne Diseases Regulation 2016"
(2) These regulations shall come into force with effect from the date of Publication in the extraordinary Gazette of Lakshadweep Administration.
2. Definitions:- In these regulations unless the context otherwise requires:-
PRICE : 75 PAISE
2 THE LAKSHADWEEP GAZETTE(a) "Infected Area'' means any place or area, which is notified by the District Magistrate, Lakshadweep under these regulations to be infected with Malaria and other Vector Borne Diseases.
(b) " Controlling Officer" means an officer appointed under these regulations, by the Administrator, U .T of Lakshadweep.
((cid:0)(cid:1) "Threatened Area" means any place or area which is notified by the District Magistrate, Lakshadweep under regulation 3,to be threatened with infection of Malaria and other Vector Borne Diseases.
3. Notification of place or area as infected or threatened:- The District Magistrate Union Territory of Lakshadweep may by notification in the Official Gazette to declare:-
(a) Any place or area in Union Territory of Lakshadweep be an infected area and (b) Any place or area contiguous to any infected area in which in his opinion, there is a danger of outbreak of Malaria and other Vector Borne Diseases.
4. Appointment of Health Officer :- The District Magistrate, Union Territory of Lakshadweep, may, subject to general or special order of the Administrator, Union territory of Lakshadweep appoint an officer to be Health Officer for any infected or threatened area to carry out all or any of the measures prescribed under the regulations.
5. Powers of Health Officer in the city or a town or village which is not a
cantonment and which is situated in any infected area or a threatened area: - the
Health Officer may,
(a) Require every owner or occupier of a building and every Medical Practitioner to report every case of Malaria and other Vector Borne Diseases, which may come to the notices of such owner, occupier or practitioner, to the officer in-charge of the nearest passive surveillance centre established under the NVBDCP or Department of Health Services such as Medical Officer In-charge in the respective Islands.
(b) Arrange for examination of blood of any person suspected to be suffering from Malaria and other Vector Borne Diseases and referring suspected cases to the referral institutes either in Islands or in mainland.
(c) Carryout or cause to be carried out intensive spraying/ fogging operations with an effective insecticides in the building in which a case of Malaria or other Vector Borne disease occurred and in the surrounding buildings situated within a radius of 150 mtrs through any subordinate office of the Directorate of Health Services of Union Territory of Lakshadweep.
(d) Provide preventive insecticidal indoor spraying/fogging in any type of premises including animal dwelling, shops or any other type of roofed structure, labour residing rented houses etc.
THE LAKSHADWEEP GAZETTE 3(cid:2)(cid:3)(cid:4) Carry on mass blood survey and mass drug treatment to the inhabitants, temporary labourers & casual visitors in the affected area, as the situation may demand.
(f) Give such directions to the contractor or others employing labour at the sites of the projects like constructions, roads, building etc. with a view to prevent Malaria and other Vector Borne Diseases.
6. No person shall:-
(a). have, keep, or maintain within such area any collection of standing or flowing water in which mosquito breed or are likely to breed, or cause, permit or prefer any water within such area to form a collection in which mosquitoes breed or are likely to breed, unless such collections have been so treated,as effectively to prevent such breeding. The natural presence of mosquito larvae,in any stagnant or following water shall be evidence that mosquitoes are breeding in such water.
(b). without consent of the Health Officer, interfere with, injure, destroy any work executed or any material or thing placed in under or upon any land or building, by or the order of the controlling officer of Malaria & other Vector Borne Diseases with the object of preventing the breeding of mosquitoes therein.
(c). Keep any bottle, vessel, empty coconut shells, plastic or any other container broken or unbroken, in such manner that is likely to collect and retain water which may breed mosquitoes.
7. Powers of the Health Officer and Staff of Health Department to enter and
inspect the Building and its premises:- for the purpose of enforcing the provisions, the Health Officer or any of his subordinate not below the rank of Assistant Entomologist, Health Inspector, Health Educator or Non-medical supervisor may, at all reasonable times, after giving such a notice in writing as may appear to him reasonable, enter and inspect any land or building within his jurisdiction & the occupier of the owner as the case may be, of such land or building shall give all facilities necessary for such entry &inspection,& supply all such information as may be required of him for the purpose aforesaid.
8. Publication of list of infected city, town and Villages and intimation of outbreak of Malaria and other vector borne diseases:- When the District Magistrate, U.T. of Lakshadweep, under the regulation 3 has declared any place or area to be an infected area, he shall cause the details of such as place/area to be published in the official gazette. He shall further specify therein the information regarding Health Officer as also the passive surveillance centres established and other surveillance staff, for the treatment of Malaria/ Epidemiological and Entomological investigation for other Vector borne diseases.
9. (1) The Inspecting Officer may, by notice in writing, require the owner or the occupier of any place, containing any collection of standing or flowing water in which mosquitoes breed or are likely to breed, within such time as may be specified in notice, not being less than 24 hours, to take such measure with respect to the same or to treat the same by physical, chemical, biological and other methods, as the Inspecting Officer may consider suitable in the circumstances for the prevention and control of Malaria and other Vector Borne Diseases.
4 THE LAKSHADWEEP GAZETTE(2) If the person on whom a notice is served under sub regulation:-
i(cid:5) (cid:6)(cid:7)i(cid:8)(cid:9) (cid:10)(cid:11) (cid:11)(cid:12)(cid:13)(cid:14)(cid:9)(cid:12)(cid:9) (cid:15)(cid:10) (cid:15)(cid:7)(cid:16)(cid:12) (cid:17)(cid:12)(cid:7)(cid:9)(cid:14)(cid:11)(cid:12)(cid:9)(cid:18) (cid:10)(cid:11) (cid:7)(cid:19)(cid:10)(cid:20)(cid:15) (cid:15)(cid:21)(cid:12) (cid:17)(cid:12)(cid:15)(cid:21)(cid:10)(cid:19) (cid:10)(cid:13) (cid:15)(cid:11)(cid:12)(cid:7)(cid:15)(cid:17)(cid:12)(cid:22)(cid:15)(cid:18) (cid:9)(cid:20)(cid:12)(cid:23)i(cid:13)i(cid:12)(cid:19) i(cid:22) such notice within the time mentioned therein, the Inspecting officer may himself take such measures or adopt the method of such treatment and recover the cost along with service charges for doing so, from the owner or occupier of the property, as the case may be.
II. If any person contravenes the provisions of sub regulations (1) the Inspecting Officer may re-execute the work or replace the materials or things, as the case may be, and the cost along with service charges for doing so, shall be recovered from such person.
10. All burrow pits required to be dug in the course of construction and repair of roads, always, telecommunication, embarkments etc shall be so filed so as to ensure that the water does not remain stagnate therein, where possible and practicable, the burrow pits shall be left clean, free from dead men and sharp edge and extra expenditure not exceeding one percent of the cost of the earth work in any project maybe incurred to achieve this. The bed level of burrow pits shall be so graded and profiled that water will drain off by drainage channels connecting one pit with the other till the nearest natural drainage is met with. No person shall create any isolated burrow, which is likely to cause accumulation of water, which may breed mosquitoes.
11. Obstruction to performance of duty prohibited: - Every person shall duly comply with an order or requisition issued under these regulations and no person shall obstruct the performance of any of the duties imposed upon anyone by these regulations.
12. Screening of migrant labourers at the construction sites:- Contractors of any construction site (Government or private agency) shall be responsible for getting all the migrant labourers screened for Malaria and other VBDs at the nearest malaria clinics or surveillance centre.
13. No labourer shall be engaged by the contractors at the construction sites unless he/she has been screened for Malaria.
14. Penalty:- Whosoever contravenes any of the provisions of these regulations, disobeys any order or requisition issue there under or obstructs any measures which are required to be taken by the Government for which the Health Officer has been required or empowered to take under these regulations shall be deemed to have committed an offence under Section 188 IPC, rendering himself liable to punishment provided therein with a fine of Rs: 500/- (Rupees five hundred only) for each offence.
15. The management of Malaria & other Vector Borne Diseases suspected or confirmed cases need to be done as per the guidelines issued by the Government of India from time to time and available on the website of the Department of National Vector Borne disease Control Programme, Ministry of Health and Family Welfare Government of India.
Sd/
(FAROOQ KHAN)
Administrator.
LGP. Kvt. C-904/1-17/50