[279]
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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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GOVERNMENT OF PUDUCHERRY
CHIEF SECRETARIAT (HEALTH)
(G.O. Ms. No. 04, Puducherry, dated 9th February 2018)
NOTIFICATION
Whereas, the Lieutenant-Governor of Puducherry is satisfied that
the Union territory of Puducherry is infected by and/or prone to an
outbreak of Malaria, Dengue and Japanese Encephalitis.
And whereas, the Lieutenant-Governor of Puducherry is of the
opinion that the ordinary provisions of law for the time being in force,
in the Union territory of Puducherry are insufficient to prevent the
outbreak and spread of the said diseases.
2018 } | 13 {
No. 7
Poudouchéry Mardi
13
Février
2018
No.
Puducherry
Tuesday
13th
February 2018
( 24 Magha 1939 )
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LA GAZETTE DE L'ETAT
[PART–II
Now, therefore, in exercise of the powers conferred under
sub-section (l) of section 2 of the Epidemic Diseases Act, 1897, read
with Article 239 of the Constitution of India and in view of D.O. Letter
No. 7-71/2016/NVBDCP/DEN/Advisory, dated 02-05-2016 and D.O.
Letter No.14-4/2016-17/NVBDCP/MTD/Malaria Elimination/Pt. File,
dated 07-06-2016 of the National Vector Borne Disease Control
Programme, Government of India, New Delhi, the Lieutenant-Governor
of Puducherry is hereby pleased to make the following regulations,
namely:—
1. Short title, extent and commencement.— (i) These regulations
may be called the ‘Puducherry Prevention and Control of Malaria,
Dengue and Japanese Encephalitis Regulations, 2018’.
(ii) They shall extend to the whole of the Union territory of
Puducherry.
(iii) They shall come into force on and from the date of
publication of these regulations in the Official Gazette of Government
of Puducherry.
2. Definitions.— In these regulations unless the context otherwise
requires:-
(i) “Assistant Entomologist” means an Officer existing in the
Office of the Assistant Director (Malaria/Filaria) for monitoring,
evaluation and control of vector borne diseases;
(ii) “Controlling Officer” means an Officer appointed under
these regulations, by the District Magistrate of Puducherry or
Karaikal and Regional Administrator of Mahe or Yanam, from
the cadre of Assistant Director (Malaria), who is responsible for
implementation of the programme;
(iii) “District Magistrate” means the Chief Executive of a
District responsible for running the administration of the District
and who is empowered for the implementation of these
regulations;
(iv) “Health Inspector” means the technical supervisor looking
after surveillance and control activities in the Office of the
Assistant Director (Malaria);
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(v) “Infected Area” means any place or area, which is notified
by the District Magistrate of Puducherry under these regulations
to be infected with Malaria, Dengue and Japanese Encephalitis;
(vi) “Insect Collector” means the technical staff meant for
collection, dissection and examination of adult mosquitoes and
larval samples;
(vii) “Inspecting Officer” means an Officer appointed by
Controlling Officer under these regulations from the cadre of
Assistant Entomologist or Municipal Health Officer to inspect
any place or area for surveillance and control of Vector Borne
Diseases, who can nominate Sanitary Inspector or Health
Inspector, Health Assistant and Insect Collector of Health
Department;
(viii) “Municipal Health Officer” means an Officer of any
Municipality or Commune Panchayat meant for higher level
supervision of health and sanitation related works;
(ix) “Sanitary Inspector” means the technical supervisor for
the execution of sanitary and solid waste removal and management
work in any Municipality or Commune Panchayat.
(x) “Sentinel Surveillance Hospital” means any Hospital, which
is notified by Government of India sufficiently specialised to
diagnose, treat and report cases of Dengue, Japanese Encephalitis
under these regulations, i.e., Sentinel Surveillance Hospital viz.,
Indira Gandhi Government General Hospital and Postgraduate
Institute, Rajiv Gandhi Government Women and Children Hospital,
Indira Gandhi Government Medical College and Research Institute
and Jawaharlal Institute of Postgraduate Medical Education and
Research in Puducherry region, Government General Hospital in
Karaikal, Mahe and Yanam regions;
(xi) “Threatened Area” means any place or area, which is
notified by the District Magistrate of Puducherry or Karaikal and
Regional Administrator of Mahe or Yanam under regulation
No. 3, to be prone for infection of Malaria, Dengue and Japanese
Encephalitis;
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[PART–II
(xii) “Vector Borne Disease” means illnesses that are
transmitted by vectors, which include mosquitoes, ticks and fleas
under these regulations.
3. Notification of place or area as infected or threatened.—
The District Magistrate of Puducherry or Karaikal and Regional
Administrator of Mahe or Yanam, by notification in the Official Gazette
of Government of Puducherry may declare,-
(i) any place or area in the District to be an infected area; and
(ii) any place or area contiguous to any infected area in which,
in his opinion, there is a danger of outbreak of Malaria, Dengue,
Japanese Encephalitis and other vector borne diseases.
4. Appointment of Vector Borne Disease Controlling Officer.—
The District Magistrate of Puducherry or Karaikal and Regional
Administrator of Mahe or Yanam, shall appoint an Officer from the
Health & Family Welfare Department for any infected area, to carry
out all or any of the measures prescribed under this regulations.
5. Publication of list of infected District, Town and Villages
and intimation of outbreak of Malaria, Dengue and Japanese
Encephalitis and other vector borne diseases.—When the District
Magistrate of Puducherry or Karaikal and Regional Administrator of
Mahe or Yanam under Regulation No. 3. has declared any place or area
to be an infected area, he shall cause the details of such place or area
to be published in the Official Gazette. He shall further specify therein
the information regarding Vector Borne Disease Controlling Officers
and also the Primary Health Centre, Community Health Centre, General
Hospital and other surveillance staff, for the treatment of Epidemiological
and entomological investigation for Malaria, Dengue and Japanese
Encephalitis.
6. Duty of Private Practitioner, Clinicians and Nursing Homes.—
(i) All the private practitioners, clinicians, Doctors-in-charge of
nursing homes, medical institutions, clinical laboratories, etc., within
the territorial jurisdiction of Union territory of Puducherry must
furnish information pertaining to blood slide collection and positive
cases, information regarding the suspected and confirmed cases of
Malaria, Dengue and Japanese Encephalitis to the Vector Borne Disease
Controlling Officer;
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(ii) Doctor-in-charge of the aforesaid clinics, nursing homes,
medical institutions, clinical laboratories, etc., shall send examined
blood slide as and when required by the Vector Borne Diseases
Controlling Officer for the purpose of cross checking.
7. Notification of persons suffering from Vector Borne
Diseases.— When Malaria, Dengue and Japanese Encephalitis outbreak
occurs at any place, the District Magistrate of Puducherry or Karaikal
and Regional Administrator of Mahe or Yanam, shall cause the name
and addresses of persons suffering from Malaria, Dengue and Japanese
Encephalitis be notified in the Official Gazette of Government of
Puducherry.
8. Powers of Vector Borne Disease Controlling Officer.— In the
District, Town or Village in which the infected area or a threatened area
is situated, the Vector Borne Disease Controlling Officers may:
(i) require every owner or occupier of a building and every
Medical Practitioner to report every case of Malaria, Dengue and
Japanese Encephalitis which may come to the notice of such
owner, occupier or practitioner, to the Medical Officer-in-charge
of the nearest Primary Health Centre, Community Health Centre,
Assistant Director (Malaria) or to the Entomologist;
(ii) arrange for the examination of blood of any person
suspected to be suffering from Malaria and for his treatment in
Primary Health Centre, Community Health Centre, General
Hospital and also referring the suspected case of Dengue and
Japanese Encephalitis to any of the referral Institutes/Sentinel
Surveillance Hospital in Indira Gandhi Government General Hospital
and Postgraduate Institute, Rajiv Gandhi Government Women and
Children Hospital, Indira Gandhi Government Medical College and
Research Institute and Jawaharlal Institute of Postgraduate Medical
Education and Research in Puducherry region, Government
General Hospital in Karaikal, Mahe and Yanam regions;
(iii) carryout or cause to be carried out intensive space
spraying and fogging operations with an effective intensity, in the
building in which a case of Malaria, suspected Dengue case and
Japanese Encephalitis occurred and in the surrounding buildings,
households situated within a radius of 150 meters covering
minimum of 100 households through spray team of the Assistant
Director (Malaria) or Entomologist or Municipal Health Officer;
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[PART–II
(iv) providing of preventive insecticidal indoor spraying,
in any type of premises, including animal dwelling, tress, shops
or any other type of roofed structures in hamlets, villages, labour
colonies, slums and low lying areas, etc.;
(v) carry on mass blood survey and treatment to the
inhabitants, temporary labour and casual visitors in the affected
area, as the situation may demand;
(vi) provide such directions to the contractor or employer
labour at the sites of projects like irrigation, roads, buildings,
etc., with a view to prevent and control the outbreak of Malaria,
Dengue and Japanese Encephalitis at such sites.
9. (i) No person shall,-
(a) keep or maintain any collection of standing or flowing
water in which mosquitoes breed or likely to breed;
(b) cause, permit or suffer any water within such area to form
a collection in which mosquitoes breed or likely to breed, unless
such collection has been effectively protected to prevent such
breeding;
(c) occupy new building (private, Government or Semi-Government)
unless “No Objection Certificate” is obtained from the
Controlling Officer, regarding the requirements of anti-mosquito
provisions in these premises, as the pre-requisite for Occupancy
Certificate from Planning Authority of Puducherry/Karaikal/
Mahe/Yanam, as the case may be.
(ii) The natural presence of mosquito larvae, pupae in any standing
or flowing water shall be the evidence that mosquitoes are breeding
in such water in those premises, institutions, offices or any dwelling
units;
10. (i)
The Controlling Officer may designate
Assistant
Entomologist, Municipal Health Officer as Inspecting Officers;
(ii) 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 likely to
breed, within such time as may be specified in notice, not being less
than 24 hours, to take such measures with respect to the same or to
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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, Dengue and Japanese
Encephalitis;
(iii) If, the p erso n o n who m a no tice is se rved u nd er
sub-regulation (ii) mentioned above, fails or refuses to take measures,
or adopt the method of treatment, specified in such notice within the
time mentioned therein, the Inspecting Officer may himself initiate
such measures or adopt the method of such treatment and recover the
cost alongwith service charges for doing so, from the owner or
occupier of the property, as the case may be;
11. Where, with the objective of preventing breeding of mosquitoes
in any land or building, the owner or the occupier, at his instance, has
constituted any works in such land or building, the owner or the
occupier for the time being of such land or building shall prevent its
being used in any manner, which cause or is likely to cause, the
deterioration of such works, or which impairs or is likely to impair
their efficiency.
12. (i) No person shall, without the consent of the Inspecting
Officer interfere with injure, destroy or render useless, any work
executed or any material of thing placed in, under or upon any land or
building by or under the orders of the Inspecting Officer, with the
object of preventing the breeding of mosquitoes, therein;
(ii) If, any person contravenes the provisions of sub-regulations (i)
mentioned above, the Inspecting Officer may re-execute the work or
replace the materials or things, as the case may be, and the cost
alongwith the service charges for doing so, shall be recovered from
such person.
13. The owner or the occupier of any house, building or shed or
land shall not therein keep any bottle, vessel, can, tyre of any
automobile/vehicle or any other container, broken or unbroken in such
a manner that it is likely to, collect and retain-water, which may breed
mosquitoes.
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LA GAZETTE DE L'ETAT
[PART–II
14. All burrow pits required to be dug in the course of
construction and repair of roads, railways, telecommunication,
embankments, etc., shall be so filled, so as to ensure that, the water
does not remain stagnated therein, where possible and practicable, the
burrow pits shall be left clean, free from dead organisms and sharp
edge and extra expenditure not exceeding one percent of the cost of
the earthwork, in any project may be 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 pits, which is likely to cause accumulation of water,
which may breed mosquitoes and mosquito larvae.
15. In case of any dispute or difference of opinion in the
execution of any anti-mosquito scheme or in its operation or any work
under these provisions in which the jurisdiction of the Government of
India or Government of any other State is involved, the matter shall
be referred to the Government of India, for final decision in the issue.
16. For the purpose of enforcing the provisions of these
regulations, the Inspecting Officer through any of his subordinates, not
below the rank of Health or Sanitary Inspector, Health Assistants and
Insect Collectors, after 24 hrs. of giving such notice in writing, enter
and inspect any land or building within his jurisdiction and the occupier
or the owner as the case may be of such land or building shall give all
facilities necessary for such entry and inspection, and supply all such
information as may be required by him, for the aforesaid purpose.
17. Obstruction to performance of duty is 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, under these regulations.
18. Constitution of Mobile Court.— In case of situation leading
to an epidemic of Malaria, Dengue and Japanese Encephalitis, the
Lieutenant-Governor of Puducherry may authorize, the Vector Borne
Diseases Controlling Officer, for constituting a Mobile Court by
including Inspecting Officers, viz., Assistant Entomologist, Municipal
Health Officer and subordinates, Health Inspector and Sanitary
Inspector with vehicle and other supportive staff, so as to impose fine
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or penalty to the owners, occupiers of premises creating conditions
conducive for transmission, spread of Malaria, Dengue and Japanese
Encephalitis inside the houses or offices, markets, shopping complex,
institutions or any other place located within the territorial jurisdiction
of the Union territory of Puducherry.
19. Screening of migrant labourers at the construction sites.—
Contractors of any
construction site,
employers or Agents
(Government or private agency) shall be responsible for getting all the
migrant labourers screened for Malaria at the nearest Malaria Clinics
or Primary Health Centre and for Dengue and Japanese Encephalitis
at any Sentinel Surveillance Hospital viz., Indira Gandhi Government
Hospital and Postgraduate Institute, Rajiv Gandhi Government Women
and Children Hospital, Indira Gandhi Government Medical College and
Research Institute and Jawaharlal Institute of Postgraduate Medical
Education and Research in Puducherry region, Government General
Hospital in Karaikal, Mahe and Yanam regions of the Union territory
of Puducherry. No Labourer, shall be engaged by the contractors,
employees or agents at the construction sites unless he/she has been
screened for Malaria Dengue and Japanese Encephalitis.
20. Penalty.— Whoever, contravenes any of the provisions of
these regulations or disobeys the direction of the Controlling Officer
(or) Inspecting Officer (or) any Officer authorised by the Controlling
Officer and if, such disobedience causes or tends to cause obstruction,
annoyance or injury or risk of obstruction, annoyance or injury or
danger to human life or tends to cause danger to human life, health or
safety; or obstructs any measures taken by the Government of
Puducherry or the Controlling Officer under these regulations, shall
be punished with a fine of Minimum ` 500 (Rupees Five hundred only)
up to a maximum of ` 5,000 (Rupees Five thousand only), accordingly.
(By order of the Lieutenant-Governor)
V. JEEVA,
Under Secretary to Government (Health).
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