LAHORE: The Punjab government has promulgated the Punjab Infectious Diseases (Prevention and Control) Ordinance 2020, allowing civil administration and health department to implement government measures to control an epidemic under the cover of law.

Under the ordinance, fines and imprisonment can be imposed on persons failing to comply with any government direction, without any reasonable excuse, that may range for a term not exceeding two months or a fine not exceeding Rs50,000 or both. However, on the repeat offence, the person, upon conviction, may be punished with an imprisonment for a term not exceeding six months or a fine not exceeding Rs100,000 or both.

And if such offence is committed by a body corporate, the fine for a first offence shall not be less than Rs50,000 and not exceeding Rs200,000; and for a repeat offence not be less than Rs100,000 and not exceed Rs300,000.

The ordinance also explains that a person commits an offence, if he fails without reasonable excuse to comply with any direction, reasonable instruction, requirement of restriction given or imposed upon him; or fails to comply with a duty imposed upon him in relation to a minor; knowingly provides false or misleading information in response to a requirement to provide information; obstructs a person, who is exercising or attempting to exercise a power.

Fines, imprisonment can be imposed for not complying with govt directions

It reads that a person guilty of this offence for the first time, on conviction, be punished with an imprisonment for a term not exceeding three months or a fine not exceeding Rs50,000, or both. Upon being guilty of repeat offence, a person on conviction be punished with an imprisonment for a term not exceeding one year or a fine not exceeding Rs100,000, or both.

Referring to the quarantine facilities, the ordinance explains that a person committing an offence of running away or attempts to run away while being moved to or kept at a quarantine facility or a place of retention, will be liable to imprisonment for a term not exceeding six months or a fine not exceeding Rs50,000, or both after found guilty for the first time. However, a person guilty of repeat offence, on conviction be punished with an imprisonment for a term not exceeding 18 months or a fine not exceeding Rs100,000, or both.

The ordinance states that the primary and secondary healthcare department secretary, in consultation with the chief minister, can impose duty upon all registered medical practitioners and health facilities in any area of the Punjab, to record, communicate and treat cases of infection or contamination; or confer functions upon one or more officers and servants of the government, and if so required one or more local governments in the Punjab in relation to monitoring and control of public health risk.

The secretary may impose restrictions and require a person or a class or description of persons to undergo a specified medical examination and submit results as indicated in the requirement; be disinfected or decontaminated; wear specified protective clothing; attend training or advisory sessions on how to reduce the risk of infecting or contaminating others; be subject to one or more restrictions as to where he may go or with whom he may maintains contact; and abstain from working or trading.

The Director-General Health Services (DGHS) may, for a specified period, impose a specific or general duty upon persons, who have responsibility for a minor to ensure that the minor does not attend his school; and impose a specific or general restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains.

The DGHS may issue directions prohibiting or imposing one or more requirements or restrictions in relation to the holding of an event or gathering for a specified period. The officer may also issue directions prohibiting or imposing one or more requirements or restrictions in relation to the entry into, exit from, or location of persons on a premises for a specified period.

The deputy commissioner of the area concerned may, on the advice of the secretary, issue directions prohibiting or imposing requirements or restrictions in relation to the entry into, exit from, or location of persons, goods, vehicles, vessels and other means of transportation in any area for a specified period.

With regard to the movement and retention of a potentially infectious person to a suitable place, a notified medical officer in an area, subject to a declaration, may after having informed a potentially infectious person of the reasons for doing so, direct such person to proceed to a specified place, which is suitable for screening and assessment and remain there for a period mentioned. In case of non-compliance, the medical officer may direct a police officer through the DPO to move him to the specified place.

A notified medical officer may also impose upon a potentially infectious person one or more screening requirements to assess the level of risk of infection or contamination to others, and carry out such an assessment.

The ordinance says that it shall be the duty of every person, including head of a family, any health professional, who knows or believes that a person under his care, supervision or control is suffering from an infectious disease or is contaminated, to report such case to a notified medical officer immediately.

Published in Dawn, March 30th, 2020