On 1 May 2020, the Governor of Rajasthan in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, promulgated the Rajasthan Epidemic Diseases Ordinance 2020.
The Rajasthan State Legislative Assembly is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action.
Why Ordinance is promulgated
Rajasthan Epidemic Diseases Ordinance 2020 – Summary
1. Short title, extent and commencement
- The ordinance extends to the whole of the State of Rajasthan and came into effect immediately.
2. Definitions.-
- Defines epidemic disease” means any disease declared as epidemic disease by notification published in the Official Gazette, by the Government
3. Power of Government to notify epidemic disease.-
- Empowers State Government to notify any disease as epidemic disease by notification in the Official Gazette
4. Power to take special measures and specify regulations as to epidemic disease
In case of threat of an outbreak of any epidemic disease in the state. Rajasthan Government may specify such temporary regulations or orders to be observed by the public or by any person so as to prevent the outbreak of such disease or the spread thereof and require or empower District Collectors to exercise such powers and duties as may be specified in the said regulations or orders.
Additionally, the Government may take measures and specify regulations:
- (a) to prohibit any usage or act which the Government considers sufficient to spread or transmit epidemic diseases from person to person in any gathering, celebration, worship or other such activities within the State;
- (b) to inspect the persons arriving in the State by air, rail, road or any other means or in quarantine or in isolation, as the case may be, in hospital, temporary accommodation, home or otherwise of persons suspected of being infected with any such disease by the officer authorized in the regulation or orders;
- (c) to seal State Borders for such period as may be deemed necessary;
- (d) to impose restrictions on the operation of public and private transport;
- (e) to prescribe social distancing norms or any other instructions for the public to observe that are considered necessary for public health and safety on account of the epidemic;
- (f) to restrict or prohibit congregation of persons in public places and religious institutions or places of worship;
- (g) to regulate or restrict the functioning of offices, Government and private, and educational institutions in the State;
- (h) to impose prohibition or restrictions on the functioning of shops and commercial and other offices, establishments, factories, workshops and godowns;
- (i) to restrict duration of services in essential or emergency services such as banks, media, health care, food supply, electricity, water, fuel, etc.; and
- (j) such other measures as may be necessary for the regulation and prevention of epidemic diseases as decided by the Government.
5. Punishment for offences.-
Any person/institution/company who is bound by regulations or orders contravenes or disobeys any such regulation or order made under this Ordinance, or obstructs any officer empowered under this Ordinance, shall on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both.
6. Punishment for abetment of offences.-
Whoever abets an offence under this Ordinance shall be punished in the same manner as if he had himself committed the offence.
7. Offence by a company.-
(1) Where an offence under this Ordinance has been committed by a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section,-
- (a) “company” means a body corporate and includes a firm or other association of individuals; and
- (b) “director”, in relation to a firm means a partner in the firm.
8. Offences to be cognizable and bailable-
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) all offences under this Ordinance shall be cognizable and bailable.
9. Authorized Officer-
Notwithstanding anything contained in any other law for the time being in force, the State Government may, by notification in the Official Gazette, authorize one or more persons who shall be competent to act under this Ordinance.
10. Power to delegate.-
The State Government may by notification in the Official Gazette direct that any power exercisable by it under this Ordinance may also be exercised by such officer as may be mentioned therein, subject to such conditions, if any, as may be specified therein.
11. Compounding of offences.-
- Allows offences to be compounded by such authorities or officers and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.
12. Ordinance not in derogation of any other law.-
The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
13. Protection of action taken in good faith.-
- No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done by or under this Ordinance.
14. Power to remove difficulties.-
- Empowers State Government may to make provisions necessary for removing the difficulty in implementation of this ordinance.
15. Power to make rules.-
- Empowers the State Government to make rules by notification in the Official Gazette into effect the provisions of this Ordinance.
- Every rule and regulation made under this Ordinance shall be laid before the House of the State Legislature while it is in session for a total period of not less than fourteen days.
16. Repeal and Saving.-
- Repeals the Rajasthan Epidemic Diseases Act, 1957 (Act No. 31 of 1957).
- All orders made under the above Act shall be deemed to have been done, taken or made under this Ordinance.
Consequently, based on the above Rajasthan Epidemic Diseases Ordinance 2020, the State Government notified set of rules on 3rd May 2020.
Read – Rules, Regulations, Fines & Punishments
References:
- The Rajasthan Epidemic Diseases Ordinance 2020 – Download PDF
- Rules & Regulation notified under The Rajasthan Epidemic Diseases Ordinance 2020 – Download PDF
- Amendment – 18/06/2020 – Download PDF
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