CONTAGIOUS DISEASES

1.This Ordinance may be cited as the Contagious Diseases Ordinance.

2. For the purposes of this Ordinance, it shall be lawful for the Minister[1], from time to time, to appoint within each province two or more persons to form the Board of Health in such province, and, if need be, to remove such persons, or any of the them, and to appoint others in their place :

Provided that if any town in such province shall have been heretofore, or shall be hereafter, created a Municipality, the Municipal Council of such town shall form the Board of Health thereof, and shall exercise the powers and shall be subject to the obligations vested in Boards of Health by this Ordinance, by the Nuisances Ordinance and by any other enactment now in force or to be hereafter enacted.

Provided further that, except in the case of Municipalities, the boards constituted and appointed under the Ordinance No. 10 of 1852* shall continue to act as Boards of Health under this Ordinance until other appointments shall have been made.

3. Every householder residing in Ceylon shall be bound to report, with the least possible delay, to the Superintendent of Police, or to some inspector of police, or to some police constable or headman of his town or village, every case occurring in the house in which he resides of smallpox, cholera or other disease which may, from time to time, be named by the Minister in an Order[1] to be by him for that purpose issued, and any householder neglecting to make such report shall be liable on conviction thereof to a fine not exceeding twenty rupees; and every inspector of police, police constable, or headman to whom any such case shall be reported by such householder, or by any other person, or who shall know of the existence of any such case within such town or village, shall forthwith report the same to the Superintendent of Police or to some Magistrate within the district in which such town or village is situated.

4. The medical attendant of any person attacked with smallpox, cholera, or other disease as aforesaid shall be bound to report the same with all convenient despatch to the Superintendent of Police of the town, or to some inspector of police, or to some police constable or headman of the town or village in which such person resides, unless such medical attendant has credible information that such case has already been reported; and any medical man neglecting to make such report, he not having received credible information that the case has been already reported, shall be liable on conviction thereof to a fine not exceeding fifty rupees.

5. The Superintendent of Police of the town or place, or any Magistrate within the district in which any case of smallpox occurs, shall be entitled, if he shall see occasion, to place or cause to be placed on the wall or door of the house or building in which such disease exists any mark which he may think advisable for the purpose of denoting the existence of the disease, and to keep such mark affixed for such time as he may deem necessary; and any person removing or obliterating any such mark without the authority of such Superintendent of Police or Magistrate, shall on conviction thereof be liable to a fine not exceeding fifty rupees.

6.It shall be lawful for the Superintendent of Police of the town or place, or for any Magistrate within the district in which any case of smallpox, cholera, or other disease as aforesaid occurs, upon the application of the head of a family or of the owner or occupier of the house in which such case occurs, to make an order in writing for the removal of the person affected with the disease (in such manner and with such precautions as he shall deem necessary) to some public hospital or place provided by Government for the reception of persons so affected, and for the detention of such person therein under proper medical care, for such time as the medical officer in charge of such hospital or place shall deem necessary; and any person resisting or preventing the removal of any other person for whose removal an order has been given on such application as aforesaid, shall on conviction thereof be liable to a fine not exceeding fifty rupees.

7. It shall be lawful for any inspector of police, police constable, or headman of any town or village, forthwith may be taken to take and remove to the nearest hospital to the hospital. or place provided by Government for the reception of smallpox patients any person who shall be found in any street, thoroughfare, or public place in any such town or village whilst the smallpox disease is upon such person.

8. Any person affected with smallpox, and who knowing himself to be so affected shall wilfully go abroad into any street, thoroughfare, or public place, and any person who shall wilfully expose or take any child or other person affected with smallpox, knowing such child or person to be so affected, in or to any street, thoroughfare, or public place, shall on conviction thereof be liable to a fine not exceeding fifty rupees.

9. The licence required by section 5 of the Nuisances Ordinance shall be issued by the Board of Health of the province, and not by the Assistant Commissioner of Local Government, as is therein required, but if any town within such province shall have a Municipality the said licence shall be issued by the Municipal Council of such town :

Provided that the sum payable on account of such licence shall be carried to the credit of the Consolidated Fund, except, where there is a Municipality, when it shall be received by the Municipal Council and form part of its funds.

10. In any area in respect of which any Urban Council or Town Council is constituted this Ordinance shall not apply as from the date on which such Council shall be declared to be constituted by Order of the competent authority.[1]