| QUARANTINE AND PREVENTION OF DISEASES AN ORDINANCE TO MAKE PROVISION FOR PREVENTING THE INTRODUCTION INTO SRI LANKA OF THE PLAGUE AND ALL CONTAGIOUS OR INFECTIOUS DISEASES AND FOR PREVENTING THE SPREAD OF SUCH DISEASES IN AND OUTSIDE SRI LANKA. Ordinance Nos, 3 of 1897 7 of 1917 14 of 1919 14 of 1920 13 of 1936 11 of 1939 5 of 1941 38 of 1943 Act Nos, 12 of 1952 [9th February, 1897 ] Short title. 1. This Ordinance may be cited as the Quarantine and Prevention of Diseases Ordinance. Regulations. 2. The Minister may, from time to time, make. and when made revoke or vary, such regulations as may seem necessary or expedient for the purpose of preventing the introduction into Sri Lanka of any disease, and also preventing the spread of any disease in and outside Sri Lanka. Matters in respect of which regulations may be made. 3. (1) The regulations made under section 2 may provide amongst other things- (a) for placing aircraft, vessels and boats arriving at any port or place in Sri Lanka in quarantine, for the manner of disinfecting the same, and for the imposing and prescribing the method of recovery of any charges, which may be incurred by Government in carrying out such operations; (b) for placing persons or goods coming or brought in such aircraft, vessels or boats in quarantine, for the manner of disinfecting or fumigating such goods, for the imposition of fees or charges for carrying out such operations and for the method of recovering such fees or charges; (c) for prohibiting or regulating the landing of persons or goods from aircraft, vessels or boats either absolutely or conditionally; (d) for establishing and maintaining quarantine stations, and for regulating the management of the same, and for the charging, imposing, and recovering of fees for the use and occupation of such stations, and for the cost of maintenance of the persons occupying the same; (e) for inspecting aircraft, vessels and boats leaving or arriving at any port or place in Sri Lanka, and for the detention thereof or of any person intending to sail therein, as may be necessary; (f) for inspecting persons travelling by railway or otherwise, and for segregating in hospitals or otherwise persons diseased ; (g) for isolating all cases of disease and diseased persons; (h) for closing wells, pits, cesspits, and cesspools; (i) for prescribing the mode of burial or cremation of any person dying of disease; (j) for regulating the number of persons to be allowed to inhabit any dwelling place; (k) for the removal from infected localities to places of observation or other places of persons found in such localities; (l) for the removal of diseased persons to hospitals or other places for medical treatment, and for their detention until they can be discharged with safety to the public; (m) for the cleansing and disinfecting of drains, sewers, cesspits, and of houses, buildings, rooms, and other places which have been occupied by any diseased person, or which are otherwise in an unsanitary condition, and, if expedient, for destroying the same, with or without compensation as may be deemed expedient; (n) for the disinfecting and, if expedient, destroying, with or without compensation as may be deemed expedient, goods which have been in contact with any diseased person, or which may be deemed capable of spreading disease; (o) for prescribing and regulating the seizure, detention, and destruction or disposal of any goods landed or otherwise dealt with in contravention of any regulation made under this Ordinance, and for proceeding- and regulating the liability of the owner, or consignor or consignee or importer of the goods, for the expenses connected with the seizure, detention, and destruction or disposal thereof; (p) for prescribing the reporting to such officer or officers as may be named in the regulations, by medical practitioners and persons professing to treat diseases, of cases of disease treated by them; (q) for prescribing the reporting by the householder or occupier of any house or premises to such officer or officers as may be named in the regulations of any case of serious illness occurring in any such house or premises ; and the visiting and inspecting of such case by such officer or officers; (r) for the appointment of inspectors and other officers to carry out the provisions of this Ordinance or of any regulations made thereunder, and for regulating their duties and conduct, and for investing them with all powers necessary for the due execution of their duties; (s) for prescribing the publication of any regulations made under this Ordinance, and for prescribing and regulating the form and mode of service or delivery of notices and other documents. (2) Provided always that nothing in this section contained shall in any way restrict or be construed to restrict the generality of the powers conferred on the Minister by section 2, but such powers shall extend to all matters, whether similar or not to those in this section mentioned, as to which it may be expedient to make regulations for the better carrying into effect of the objects of this Ordinance. Offences. 4. (1) If any person, without lawful authority or excuse (proof whereof shall lie on him), contravenes any regulation made under this Ordinance, or does or omits to do anything which under the provisions of this Ordinance or of any regulations made thereunder he ought not to do or omit, or if he obstructs or impedes or assists in obstructing or impeding any inspector or other officer appointed under this Ordinance, or any police officer in the execution of any provision of this Ordinance or of any regulation made thereunder, he shall be guilty of an offence against this Ordinance. (2) Every prosecution for an offence against this Ordinance may be instituted in the Magistrate’s Court* of the division in which the offence was committed, and such court may impose the full penalties herein prescribed, anything in the Code of Criminal Procedure Act or in any other enactment to the contrary notwithstanding.(* Primary Court has exclusive jurisdiction under section 33 of the Judicature Act read with Gazette Extraordinary No. 43/4 of 1979-07-02.) Punishment. 5. (1) If any person is guilty of an offence against this Ordinance, he shall be liable on conviction before a Magistrate* to imprisonment of either description for a term not exceeding six months or to a fine not exceeding one thousand rupees, or to both. (2) Nothing in this section contained shall affect the liability of any person to any punishment or penalty to which he is liable under any enactment other than this Ordinance, but so that a person shall not be punished twice for the same offence.(* Primary Court has exclusive jurisdiction under section 33 of the Judicature Act read with Gazette Extraordinary No. 43/4 of 1979-07-02.) Duties of inspectors and police officers. 6. (1) When a person is seen or found committing or is reasonably suspected of being engage committing an offence against this Ordinance, any inspector or other officer appointed under this Ordinance or any police officer may without warrant stop and detain him, and if his name and address are not known may without warrant apprehend him. (2) If any person obstructs or impedes an inspector or other officer appointed under this Ordinance, or any police officer in the execution of any provision of this Ordinance or of any regulation made thereunder, or assists in any such obstructing or impeding, he may be apprehended by such inspector or other officer or police officer without warrant. (3) A person apprehended under this section shall be taken with all practicable speed before a Magistrate or a Judge of a Primary Court. (4) Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted. Presumption. 7. Where the person in charge of a diseased person is charged with an offence against this Ordinance relative to such disease, he shall be presumed to have known of the existence of such disease in such person, unless and until he shows to the satisfaction of the Magistrate or Judge of a Primary Court before whom he is charged that he had not such knowledge, and could not with reasonable diligence have obtained such knowledge. Officers to be public servants. 8. Inspectors and other officers appointed under this Ordinance shall be deemed public servants within the meaning of the Penal Code. Security for expenses of certain persons landed from aircraft or vessels. 9. (1) Whenever any person shall have been landed at any port or place in Sri Lanka for the purpose of performing quarantine, or for medical treatment, or on the ground that such person is alleged to be of unsound mind, the aircraft or vessel from which such person shall have been landed shall not be entitled to receive a clearance until sufficient security to the satisfaction of the principal officer of customs shall have been given by the pilot, master, agent, or consignee of such aircraft or vessel to the principal officer of customs for the repayment to the Government of all expenses which may be incurred by the Government in respect of such person, and also the necessary passage money of such person to the place of his original destination, or at the option of the Principal Collector of Customs to the place of his original departure, unless arrangements shall be made to the satisfaction of the Principal Collector of Customs for his conveyance to such place of destination or departure. (2) The Principal Collector of Customs shall be entitled to require the pilot, master or agent of any aircraft or vessel from which any such person shall have been landed, or the pilot, master or agent of any other aircraft or vessel belonging to the same line or company as such aircraft or vessel, upon its being certified by the Director of Health Services that the person in question is in a sufficient stage of recovery for travelling, to receive and keep such person on board the aircraft or vessel in question for the purpose of being conveyed to the place of his original destination, or to the place of his original departure, as the case may be, and may refuse a clearance to such aircraft or vessel until his requirement is complied with. Removal of person refusing to leave Sri Lanka by accommodation provided under section 9. 10. Where any person for whose departure from Sri Lanka arrangements have been made under section 9 refuses to leave Sri Lanka or to board the aircraft or vessel on which a passage has been provided for him, it shall be lawful for a police officer specially authorized in writing by the Inspector-General of Police to arrest such person and to conduct him in custody aboard such aircraft or vessel. Execution of regulations may be delegated to local authority. 11. The Minister may delegate the enforcement and execution of any regulation made under this Ordinance to any Municipal or local authority subject to such restrictions as the Minister may, from time to time, think fit to impose. Regulations to be published. 12. All regulations made under this Ordinance shall be published in the Gazette, and shall from the date of such publication have the same force as if they had been enacted in this Ordinance. Interpretation. 13. In this Ordinance, and any regulations made thereunder, unless the context otherwise requires- ” aircraft” includes all balloons, whether fixed or free, kites, gliders, airships, airplanes, and other flying machines; ” disease ” shall mean any disease of a contagious, infectious, or epidemic nature; ” diseased” shall mean infected or suspected of being infected with disease; ” goods” shall mean goods, wares and merchandise, furniture, packets, packages, baggage, wearing apparel, books, letters, or any other article whatsoever; and shall include animals. |
CASE LAW RELATE TO QUARANTINE AND PREVENTION OF DISEASES
SUB-INSPECTOR OF POLICE v. PERIA CARPEN et al.NLR Vol 21,Page 392
185—P. G. Balapitiya, 44,866.
Quarantine and Prevention of Diseases Ordinanc, No. 8 of 1897 : Regulations made under s. 4—-Ultra vires—Ordinance No U of 1885.
The accused, who were coolies on an estate declared to be an area infected with anchylostomiasis, were charged with refusing to submit to medical treatment under regulation No. 103 (/) made under the Quarantine and Prevention of Diseases Ordinance, 1897.
Held, (1) that there was no conflict between regulation 103 (g) ‘ \which requires a person to remain within an infected area until the’. completion of any treatment which may be prescribed) and Ordinance No. 11 of 1865 (which gives the labourer the right to quit service after a month’s notice.)
(2) Regulation No. 103 (/) compelling a person to submit to any medical treatment is not ultra vires.
(3) Regulation No. 104, which gives power • to the Principal Civil Medical Officer to make a declaration by notification in the Government Gazette that an area is an infected area, cannot be said to be ultra vires on the ground that the Governor has delegated his powers to the’ Principal Civil Medical Officer.
Quarantine and Prevention of Diseases Ordinanc, No. 8 of 1897 : Regulations made under s. 4—-Ultra vires—Ordinance No U of 1885.
The accused, who were coolies on an estate declared to be an area infected with anchylostomiasis, were charged with refusing to submit to medical treatment under regulation No. 103 (/) made under the Quarantine and Prevention of Diseases Ordinance, 1897.
Held, (1) that there was no conflict between regulation 103 (g) ‘ \which requires a person to remain within an infected area until the’. completion of any treatment which may be prescribed) and Ordinance No. 11 of 1865 (which gives the labourer the right to quit service after a month’s notice.)
(2) Regulation No. 103 (/) compelling a person to submit to any medical treatment is not ultra vires.
(3) Regulation No. 104, which gives power • to the Principal Civil Medical Officer to make a declaration by notification in the Government Gazette that an area is an infected area, cannot be said to be ultra vires on the ground that the Governor has delegated his powers to the’ Principal Civil Medical Officer.
Present: Mr. Justice Wood Renton.
RASAVASAGRAM v. SIWANDI.NLR Vol 9 Page 88
P. C., Trincomalee, 2,693.
Obstruct or impede “—Mere refusal—Absence of physical resistance— Ordinance No. 3 of 1897, «. 6 tl).
Section 6 (1) of Ordinance No. 3 of 1897 enacts that ” if any person without lawful authority or excuse (proof whereof shall lie on him). or if he obstructs or impedes or assists in obstructing or impeding any inspector or other officer appointed under this Ordinance, or any police officer, in the execution of any provision of this Ordinance, or of any regulation made thereunder, he shall be guilty of an offence against this Ordinance. “
Where a person did not use any actual physical resistance, but repeatedly and distinctly, refused to allow the officer of the proper authority to execute his order—
RASAVASAGRAM v. SIWANDI.NLR Vol 9 Page 88
P. C., Trincomalee, 2,693.
Obstruct or impede “—Mere refusal—Absence of physical resistance— Ordinance No. 3 of 1897, «. 6 tl).
Section 6 (1) of Ordinance No. 3 of 1897 enacts that ” if any person without lawful authority or excuse (proof whereof shall lie on him). or if he obstructs or impedes or assists in obstructing or impeding any inspector or other officer appointed under this Ordinance, or any police officer, in the execution of any provision of this Ordinance, or of any regulation made thereunder, he shall be guilty of an offence against this Ordinance. “
Where a person did not use any actual physical resistance, but repeatedly and distinctly, refused to allow the officer of the proper authority to execute his order—
Held, that the conduct of the person amounted to ” obstruction ” within the meaning of the above section, and was punishable under the section.
Present: Porter and Jayawardene J J.
THE CHAIRMAN, MUNICIPAL COUNCIL, KANDY, v. MOHOMED ALI et al.NLR Vol 25 Page 85
564 and 200—P. C. Kandy, 8,755.
Ordinance No. 3 oj 1897, s. 12—Delegation of authority by Governor— Storing grain at a place not licensed—Case sent back for disposal by Magistrate—Magistrate delivering judgment written by another Magistrate who had been transferred from station—Second appeal— Bight of accused to urge points not urged at the hearing off irsta ppeal.
THE CHAIRMAN, MUNICIPAL COUNCIL, KANDY, v. MOHOMED ALI et al.NLR Vol 25 Page 85
564 and 200—P. C. Kandy, 8,755.
Ordinance No. 3 oj 1897, s. 12—Delegation of authority by Governor— Storing grain at a place not licensed—Case sent back for disposal by Magistrate—Magistrate delivering judgment written by another Magistrate who had been transferred from station—Second appeal— Bight of accused to urge points not urged at the hearing off irsta ppeal.
The accused were charged by the Chairman, Municipal Council, Kandy, with allowing grain in excess of five bushels to be stored in a place which was not licensed as a grain store in breach of regulation 6 under Ordinance No. 3 of 1897. At the trial in August, 1922, the accused called no evidence, but relied on two points of law :
(1) That the delegation required by section 12 had not been conferred on the Chairman (complainant), and that therefore the regulations could not be enforced by him ; and
(2) that the regulations were ultra vires of the powers conferred on the Governor in Executive Council. The Magistrate held that the regulations were not ultra vires, but upheld the first contention and acquitted the accused. The Supreme Court held that a delegation of authority was not necessary, and that if necessary a delegation must be implied ; and set aside the order of acquittal and sent the case back to be dealt with as the Magistrate should think fit. The Magistrate who tried the case had been transferred to another station. The new Magistrate ordered the case to be forwarded to Mr. Rogerson, who had tried the case, for final judgment. He noted when forwarding that counsel for the accused wished to.call further evidence. Without hearing evidence Mr. Rogerson wrote out his judgment and sent it to Kandy to be delivered on a day on which he was appointed to officiate as Magistrate of Kandy.
Held, that the judgment was not invalid, though delivered by another Magistrate ; and that accused was not in the circumstances entitled to lead further evidence. It was not open to the accused at the hearing of the second appeal to urge that the regulation were ultra vires, as he should have urged it at the hearing of the first appeal.
CUMBERLAND v. SUSE et al.NLR Vol 3 Page 365 1899August 7 P. C, Chilaw, 1-5,040.
Ordinance No. 3 of 1897— Regulation 20made thereunder—” Diseased “— ” Patient”—Obstruction in the removal of patients—Misjoinder of accused.
In Ordinance No .3 of 1897, the word ” diseased ” means one who is actually diseased and not one merely infected ; and ” patient ” means one actually suffering from some disease. In order to constitute a charge of obstruction under regulation 20 made under that Ordinance, it is necessary to prove that the ” diseased persons ” occupied someone or other of the three classes of houses or places mentioned in the regulation.
Unless the obstruction offered be concerted, each of the accused should be separately charged and tried
In Ordinance No .3 of 1897, the word ” diseased ” means one who is actually diseased and not one merely infected ; and ” patient ” means one actually suffering from some disease. In order to constitute a charge of obstruction under regulation 20 made under that Ordinance, it is necessary to prove that the ” diseased persons ” occupied someone or other of the three classes of houses or places mentioned in the regulation.
Unless the obstruction offered be concerted, each of the accused should be separately charged and tried
