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Maharashtra looks to 1897 Act

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  • After a teenager died of the pandemic H1N1 virus in Pune on Monday, the Maharashtra government on Tuesday invoked the Epidemic Diseases Act, 1897 in Pune and Satara districts. What it means:

    What is the Act?

    The Epidemic Diseases Act was passed in 1897 in wake of the plague in erstwhile Bombay Presidency, which lasted for more than three years and killed thousands.

    How does it work?

    The Act helps “provide for the better prevention of the spread of dangerous epidemic diseases”. It can be enforced when the state government is satisfied that any part of the state is “visited by, threatened with, an outbreak of any dangerous epidemic disease”. The government is then empowered to take measures such as notices prescribing temporary regulations to be observed by the public.

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    Who has implementation powers?

    The collector of the affected region or district is given powers to issue required prohibitory and regulatory orders as decided by the government. The Centre also has powers stipulated in the Act, which are limited to the inspection of any ship or vessel leaving or arriving at any port and detention of people intending to sail from the port of the area.

    In what ways can the act be enforced on the ground?

    The government can force suspected individuals to undertake treatment at identified treatment centres. The collector can also ensure that the medication determined by the government for the disease is dispensed and used by the patient/s. The collector can enforce the prohibition of movement and contact between people suspected to be infected with the virus.

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