QUARANTINE AND PREVENTION OF DISEASES [Cap. 553

OrdinancesNos. 3 of 1897,

7 of 1917,14 of 1919,14 of 1920,13 of 1936,11 of 1939,5 of 1941,

38 of 1943,ActNo. 12 of 1952.

CHAPTER 553

QUARANTINE AND PREVENTION OF DISEASES

AN ORDINANCE TO MAKE PROVISION FOR PREVENTING THE INTRODUCTION INTOSRI LANKA OF THE PLAGUE AND ALL CONTAGIOUS OR INFECTIOUS DISEASESAND FOR PREVENTING THE SPREAD OF SUCH DISEASES IN AND OUTSIDE SRILANKA.

Short title.

Regulations.

Matters inrespect ofwhichregulationsmay be made.

1. This Ordinance may be cited as theQuarantine and Prevention of DiseasesOrdinance.

2. The Minister may, from time to time,make. and when made revoke or vary, suchregulations as may seem necessary orexpedient for the purpose of preventing theintroduction into Sri Lanka of any disease,and also preventing the spread of anydisease in and outside Sri Lanka.

3. (1) The regulations made undersection 2 may provide amongst otherthings

(a) for placing aircraft, vessels and boatsarriving at any port or place in SriLanka in quarantine, for themanner of disinfecting the same,and f o r t h e i m p o s i n g andprescribing the method of recoveryof any charges, which may beincurred by Government in carryingout such operations;

(b) for placing persons or goods comingor brought in such aircraft, vesselsor boats in quarantine, for them a n n e r of d i s i n f e c t i n g orfumigating such goods, for theimposition of fees or charges forcarrying out such operations andfor the method of recovering suchfees or charges;

(c) for prohibiting or regulating thelanding of persons or goods from

[9th February, 1897.]

aircraft, vessels or boats eitherabsolutely or conditionally;

(d) for establishing and maintainingquaran t ine stations, and forregulating the management of thesame, and for the charging,imposing, and recovering of fees forthe use and occupation of suchstations, and for the cost ofmaintenance of the personsoccupying the same;

(e) for inspecting aircraft, vessels andboats leaving or arriving at any portor place in Sri Lanka, and for thedetention thereof or of any personintending to sail therein, as may benecessary;

(f) for inspecting persons travelling byrailway or otherwise, and fors e g r e g a t i n g in h o s p i t a l s orotherwise persons diseased ;

(g) for isolating all cases of disease anddiseased persons;

(h) for closing wells, pits, cesspits, andcesspools;

(i) for prescribing the mode of burial orcremation of any person dying ofdisease;

(j) for regulating the number of personsto be allowed to inhabit anydwelling place;

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(k) for the removal from infectedlocalities to places of observation orother places of persons found insuch localities;

(l) for the removal of diseased personsto hospitals or other places formedical treatment, and for theirdetention until they can bedischarged with safety to thepublic;

(m) for the cleansing and disinfecting ofdrains, sewers, cesspits, and ofhouses, buildings, rooms, and otherplaces which have been occupied byany diseased person, or which areo t h e r w i s e i n an i n s a n i t a r ycondition, and, if expedient, fordestroying the same, with orwithout compensation as may bedeemed expedient;

(n) for the disinfecting and, if expedient,destroying, with or withoutcompensation as may be deemedexpedient, goods which have beenin contact with any diseased person,or which may be deemed capable ofspreading disease;

(o) for prescribing and regulating theseizure, detention, and destructionor disposal of any goods landedor o t h e r w i s e d e a l t w i t h i ncontravention of any regulationmade under th is Ordinance, and forprc-icnhing and regulating theliability of the owner, or consignoror consignee or importer of thegoods, for the expenses connectedwith the seizure, detention, anddestruction or disposal thereof;

(p) for prescribing the reporting to suchofficer or officers as may be namedin the regulations, by medicalpractitioners and persons professingto treat diseases, of cases of diseasetreated by them;

(q) for prescribing the reporting by thehouseholder or occupier of anyhouse or premises to such officer or

officers as may be named in theregulations of any case of seriousillness occurring in any such houseor premises ; and the visit ing andinspecting of such case by suchofficer or officers;

(r) for the appointment of inspectorsand other officers to carry out theprovisions of this Ordinance or ofany regulations made thereunder, and for regulating their duties andconduct, and for investing themwith all powers necessary for thedue execution of iheir duties ;

(s) for prescribing the publication of anyregulations made under thisOrdinance, and for prescribing andregulating the form and mode ofservice or delivery of notices andother documents.

(2) Provided always that nothing in thissection contained shall in any way restrict orbe construed to restrict the generality of thepowers conferred on the Minis ter bysection 2, but such powers shall extend toall matters, whether similar or not to thosein this section mentioned, as to which it maybe expedient to make regulations for thebetter carrying into effect of the objects ofthis Ordinance.

*4. (1) If any person, without lawful Offences.authority or excuse (proof whereof shall lieon him), contravenes any regulation madeunder this Ordinance, or does or omits todo anything which under the provisions ofthis Ordinance or of any regulations madethereunder he ought not to do or omit, orif he obstructs or impedes or assists inobstructing or impeding any inspector orother officer appointed under thisOrdinance, or any police officer in theexecution of any provision of thisOrdinance or of any regulation madethereunder, he shall be guilty of an offenceagainst this Ordinance.

(2) Every prosecution for an offenceagainst this Ordinance may be insti tuted inthe Magistrate's Court* of the division inwhich the offence was committed, and such

* Primary Court has exclusive jurisdiction under section 33 of the Judicature Act read with GazetteExtraordinary No. 43/4 of 1979-07-02.

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QUARANTINE AND PREVENTION OF DISEASES [Cap.553

Duties ofinspectors andpolice officers.

court may impose the full penalties hereinprescribed, anything in the Code ofCriminal Procedure Act or in any otherenactment to the contrary notwithstanding.

5. (1) If any person is guilty of anoffence against this Ordinance, he shall beliable on conviction before a Magistrate* toimprisonment of either description for aterm not exceeding six months or to a finenot exceeding one thousand rupees, or toboth.

(2) Nothing in this section containedshall affect the l iabil i ty of any person to anypunishment or penalty to which he is liableunder any enactment other than thisOrdinance, but so that a person shall not bepunished twice for the same offence.

6. (1) When a person is seen or foundcommitting or is reasonably suspected ofbeing engaged in committing an offenceagainst this Ordinance, any inspector orother officer appointed under thisOrdinance or any police officer may withoutwarrant stop and detain him, and if hisname and address are not known maywithout warrant apprehend him.

(2) If any person obstructs or impedesan inspector or other officer appointedunder this Ordinance, or any police officerin the execution of any provision of thisOrdinance or of any regulation madethereunder, or assists in any suchobstructing or impeding, he may beapprehended by such inspector or otherofficer or police officer without warrant.

(3) A person apprehended under thissection shall be taken with all practicablespeed before a Magistrate or a Judge of aPrimary Court.

(4) Nothing in this section shall takeaway or abridge any power or authority thata police officer would have had if thissection had not been enacted.

Presumption. 7. Where the person in charge of adiseased person is charged with an offenceagainst this Ordinance relative to suchdisease, he shall be presumed to have knownof the existence of such disease in suchperson, unless and until he shows to thesatisfaction of the Magistrate or Judge of a

Primary Court before whom he is chargedthat he had not such knowledge, and couldnot with reasonable diligence have obtainedsuch knowledge.

8. Inspectors and other officersappointed under this Ordinance shall bedeemed public servants within the meaningof the Penal Code.

9. (1) Whenever any person shall havebeen landed at any port or place in SriLanka for the purpose of performingquarantine, or for medical treatment, or onthe ground that such person is alleged to beof unsound mind, the aircraft or vessel fromwhich such person shall have been landedshall not be entitled to receive a clearanceuntil sufficient security to the satisfaction ofthe principal officer of customs shall havebeen given by the pilot, master, agent, orconsignee of such aircraft or vessel to theprincipal officer of customs for therepayment to the Government of allexpenses which may be incurred by theGovernment in respect of such person, andalso the necessary passage money of suchperson to the place of his originaldestination, or at the option of the PrincipalCollector of Customs to the place of hisoriginal departure, unless arrangementsshall be made to the satisfaction of thePrincipal Collector of Customs for hisconveyance to such place of destination ordeparture.

(2) The Principal Collector of Customsshall be entitled to require the pilot, masteror agent of any aircraft or vessel from whichany such person shall have been landed, orthe pilot, master or agent of any otheraircraft or vessel belonging to the same lineor company as such aircraft or vessel, uponits being certified by the Director of HealthServices that the person in question is in asufficient stage of recovery for travelling, toreceive and keep such person on board theaircraft or vessel in question for the purposeof being conveyed to the place of hisoriginal destination, or to the place of hisoriginal departure, as the case may be, andmay refuse a clearance to such aircraft orvessel until his requirement is compliedwith.

Punishment. Officers to bepublic servants.

Security forexpenses ofcertain personslanded fromaircraft orvessel.

* Primary Court has exclusive jurisdiction under section 33 of the Judicature Act read with UazetteExtraordinary No. 43/4 of 1979-07-02.

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Removal ofperson refusingto leaveSri Lanka byaccommo-dationprovided undersection 9.

Execution ofregulationsmay bedelegated tolocal authority.

Regulations tobe published.

10. Where any person for whosedeparture from Sri Lanka arrangementshave been made under section 9 refuses toleave Sri Lanka or to board the aircraft orvessel on which a passage has been providedfor him, it shall be lawful for a police officerspecially authorized in writing by theInspector-General of Police to arrest suchperson and to conduct him in custodyaboard such aircraft or vessel.

11. The Minister may delegate theenforcement and execution of anyregulation made under this Ordinance toany Municipal or local authority subject tosuch restrictions as the Minister may, fromtime to time, think fit to impose.

12. All regulations made under thisOrdinance shall be published in the Gazette,and shall from the date of such publicationhave the same force as if they had beenenacted in this Ordinance.

13. In this Ordinance, and anyregulations made thereunder, unless thecontext otherwise requires

" aircraft" includes all balloons, whetherfixed or free, kites, gliders, airships,airplanes, and other flyingmachines;

" disease " shall mean any disease of acontagious, infectious, or epidemicnature;

" diseased" shall meansuspected of beingdisease;

" goods" shall mean goods, wares andmerchandise, furniture, packets,packages, baggage, wearingapparel, books, letters, or any otherarticle whatsoever; and shallinclude animals.

Interpretation.

infected orinfected with

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