Public Health (Emergency Provision) Ordinance, 1944

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THE PUBLIC HEALTH (EMERGENCY PROVISIONS) 
ORDINANCE, 1944 
 
              
 
 
 
 
 
CONTENTS 
1.  Short title, extent and commencement 
2.  Definitions 
3.  Power to require local authorities to take health measures 
4.  Powers to appoint additional health staff 
5.  Power of superintendence 
6.  Power to take over administration of services 
7.  Water supply 
8.  Power to give directions 
9.  Power to supersede local authorities 
10.  Power to modify rules, bye-laws, etc. 
11.  Power to make rules 
12.  Certain persons deemed to be public servants 
13.  Protection of action taken under this Ordinance 
14.  Effect of other laws 
 
 
 
 

 
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THE PUBLIC HEALTH (EMERGENCY PROVISIONS) ORDINANCE, 1944. 
 
ORDINANCE No. XXI OF 1944 
 [20th May, 1944] 
 
An Ordinance to make special provisions in regard to public health. 
 
 WHEREAS an emergency has arisen which renders it necessary to make special provision 
for preventing the spread of human disease, safeguarding the publi c health and providing and 
maintaining adequate medical services and other services essential to the health of the community; 
  
 Now, THEREFORE, in exercise of the powers conferred by sec tion 72 of the Government of 
India Act (26) Geo 5,c. 2.) , as set out in the Ninth Schedule to the Government of India Act, 1935, 
the Governor General is pleased to make and promulgate the following Ordinance :— 
 
 1. Short t itle, extent and commencement. —(1) This Ordinance may be called the Public 
Health (Emergency Provisions) Ordinance, 1944.  
 
 1[(2) It extends to the whole of Pakistan]. 
 
 (3) It shall come into force at once. 
 
 2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context, — 
 
(a) “appropriate Government” means in relation to can tonment authorities and to 
port authorities in major ports, the 3[Federal Government], and in relation to 
all other local authorities, the Provincial Government; 
 
(b) “local area”  means the area within which a local au thority exercises its 
functions ; 
 
(c) “local authority”  in this section and sections 7 to 10 and 14 in cludes, any 
body, whether incorporated or not, engaged in providing a supply of water; 
 
(d) “medical establishment”  means establishment employed in connection with 
the provision of medical services; 
 
(e) “public health services” and “public health establishment” include respectively 
sanitary, water -supply, vaccination, sewag e disposal, drainage and 
conservancy services and establishment maintained for the purposes of such 
services, and any other service or establishment of a local authority which the 
appropriate Government may by notification in the official Gazette declare to 
be a public health service or public health establishment for any purpose of 
this Ordinance; 
 
(f) “purpose of this Ordinance” includes the purposes of ensuring the provision of 
adequate medical services, of preventing the s pread of human disease, of 
safeguarding the public health and of providing or maintaining services 
essential to the health of the community. 
 
___________________________________________________________________________ 
1Subs. by the Central Laws (Statute Reform) Ordinance No XX1 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955).  
2Subs. by F.A.O., 1975, Art.2 and Table. 
 
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 3. Power to require local autho rities to take health measures .—(1) The appropri ate 
Government may by order in writing require any local authority to take within such period as may be 
specified in the order such measures as may be so specified, being measures which are in the opinion 
of that Government necessary for any purpose of thi s Ordinance; and thereupon it shall be the duty 
of the local authority to comply with the order within the specified period. 
 
 (2) If in the opinion of the appropriate Government a local authority which has been ordered 
under sub -section (1) to take any me asures has failed to take, or is unlikely to complete, such 
measures within the period specified in the order, the appropriate Government may, without 
prejudice to any other action which may be taken under this Ordinance, authorise any person to take 
or complete, as the case may be, the said measures; and the person so authorised may for the purpose 
exercise all or any of the powers of the local authority or of any committee or officer of the local 
authority conferred by or under any law for the time being in force, issue such directions as he thinks 
fit to the officers or servants of the local authority, and if he finds it necessary or expedient so to do, 
employ any outside agency. 
 
 (3) All charges and expenses incurred by a local authority in complying wi th an order under 
sub-section (1) or by a person authorised under sub -section (2) shall, except to such extent, if any, as 
the appropriate Government may direct to be paid out of its revenues, be paid out of the funds of the 
local authority. 
 
 4. Powers to appoint additional health staff .—(1) The ap propriate Government may, it if 
considers it necessary for any purpose of this Ordinance, appoint in any local area additional medical 
or public health establishment to perform such duties and exercise such funct ions as the appro priate 
Government may direct.  
 
 (2) Such additional establishment shall, unless and to such extent as the appropriate 
Government otherwise directs, be under the control of the appropriate Government, but its salaries 
and allowances or an y specified portion thereof shall, if the appro priate Government so orders, be 
paid out of the funds of the local authority. 
 
 5. Powe r of superintendence .—(1) The appropriate Government may, if it considers it 
necessary for any purpose of this Ordinance, by order in writing assume the superintendence of all or 
any of the medical and public health services of any local authority. 
 
 (2) Upon the assumption of superintendence under sub-section (1),— 
 
(a) the appropriate Government may by order in writing sp ecify the scale of the 
medical or public health establishment concerned to be maintained by the 
local authority, the qualifications to be required for appoint ment to posts in 
such establishment, and the pay and other conditions of service of such 
establishment; 
 
(b) the powers of appointment, dismissal and punishment of, and grant of leave to, 
members of such establish ment shall vest in such authority as the appropriate 
Government may appoint in this behalf;  
 
(c) the appropriate Government may by order i n writing specify the powers to be 
exercised by Health Officers employed under the local authority; 
 
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(d) the appropriate Government shall have power to ins pect, superintend and 
control the operations of the local authority in regard to any purpose of this 
Ordinance, and may by order in writing authorise persons to carry out such 
inspection, superintendence and control and define their powers and duties 
when so acting; 
 
(e) the costs of and incidental to the services and establish ments concerned shall 
continue to be paid out of the funds of the local authority. 
 
 6. Power to take over administration of services. The appropriate Government may, if it 
considers it necessary for any purpose of this Ordinance, authorise by  order in writing any person to 
take over from any local authority the administration of all or any of its medical and public health 
services or of any medical institution maintained by the local authority; and the person so authorised 
may for the purposes of such administration exercise all th e powers specified in sub -section (2) of 
section 3 of a person authorised under that sub -section; and all charges and expenses incurred by the 
person authorised under this section shall, except to such extent, if any, as the appropriate 
Government may direct to be paid out of its revenues, be paid out of the funds of the local authority. 
 
 7. Water supply .—(1) A local authority may, with the previous sanction of the appropriate 
Government, supply water to any other local authority or to any other authority or person within or 
without its local area upon such terms as may be agreed, notwithstanding any provision prohibiting 
or restricting such supply contained in any other law. 
 
 (2) The appropriate Government may by order in writing direct any local authorit y to supply 
water to any area or to any authority or person within or without its local are a at such places and in 
such quantities as may be specified in the order, subject to such payment being made therefore and to 
such other conditions as the appropriate Government may consider reasonable. 
 
 8. Power to give directions. For the purpose of carrying into effect any of the foregoing 
provisions of this Ordinance o r any order made there under, the appropriate Government may in 
writing give to any local author ity such directions as it thinks fit, and it shall be the duty of the local 
authority to comply therewith. 
 
 9. Power to supersede lo cal authorities.—(1) If the appropriate Government is of opinion 
that any local authority has failed to comply, or has dela yed in comply ing, with any order or rule 
made or direction given under this Ordinance or has failed to act in accordance with or give effect to 
any notification issued under section 10, the appropriate Government may by order in writing 
supersede the local authority for such period as may be specified in the order. 
 
 (2) When an order of supersession has been made under sub-section (1),— 
 
(a) all the members of the local au thority shall, as from the date of supersession, 
vacate their offices as such members; 
 
(b) all the powers and duties which may by or under any law for the time being in 
force be exercised or performed by or on behalf of the local authority shall, 
during the period of supersession, be exercised and performed by such person 
as the appropriate Government may authorise in this behalf; 
 
 
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(c) all property vested in the local authority shall, during the period of 
supersession, vest in the appropriate Government. 
 
 (3) On the expiration of the period of supersession specified in the order under su b-section 
(1), the appropriate Government may by order in writing,— 
 
(a) extend the period for such further term as it may consider necessary; or 
 
(b) direct that the local authority shall be reconstituted in the manner provided for 
its constitution by or under the law relating thereto, and in such case any 
persons who vacated their offices under clause (a) of sub-section (2) shall not 
be deemed to be disqualified thereby for election, appointment or nomination; 
or 
 
(c) direct that the local authority shall be reconstituted by the persons who vacated 
their offices under clause (a) of sub-section (2) and shall recommence func -
tioning as if it had not been superseded: 
 
 Provided that the appropriate Government may at any time before the expiration of the period 
of supersession whether as originally specified under sub -section (1) or as extended under this 
sub-section, make an order under clause (b) or clause (c) of this sub-section. 
 
 10. Power to  modify rules , bye-laws, etc. In relation to any local area the a ppropriate 
Government may by notification in the official Gazette make any rules, bye -laws, regulations or 
orders connected with any purpose of this Ordinance which the local authority would under any law 
for the time being in force be competent to make, and may in like manner amend or suspend the 
operation of any such rule, bye-law, regulation or order made by the local authority: 
 
 Provided that, notwithstanding anything to the contrary in any other law, it shall not be 
necessary when issuing any such no tification to comply with the provisions of section 23 of the 
General Clauses Act, 1897  (X of 1897 ) or the similar provisions of any local law or with any law 
providing for any procedure preliminary to the making of any such rule, bye-law, regulation or order: 
  
 Provided further that it shall be sufficient for the purpose of__  
 
(a) cancelling any rule, bye -law, regulation or order made by the appropriate 
Government by notification under this section, or 
 
(b) restoring to its form immediately prior to its amendment by notification under 
this section any rule, bye-law, regulation or order so amended, 
  to rescind the notification.  
 
 11. Power to make rules .—(1) The appropriate Government may make rules for carrying 
out the purposes of this Ordinance, and i n particular and without prejudice to the generality of the 
foregoing power, such rules may— 
 
(a) prescribe any disease against the spread of which special precautions are 
considered by the appropriate Government to be necessary; 
 
 
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(b) prohibit any act whi ch in the opinion of the appro priate Government is likely 
to lead to or facilitate the spread of any disease prescribed under clause (a); 
 
(c) provide for the restraint, segregation and restriction of movement of persons 
suffering or suspected to be suffering from any such disease; 
 
(d) provide for the temporary transfer of members of the medical and public 
health establishments of any local authority to service in another local area 
under the appropriate Government or another local authority.  
 
 (2) In making rules under this section, the appropriate Government may provide that a breach 
of any of the rules shall be punishable with imprisonment which may extend to three months or with 
fine or with both. 
 
 12. Certain persons d eemed to be public servants. All persons authorised under 
sub-section (2) of section 3, clause (d) of sub -section (2) of section 5, section 6 or clause (b) of 
sub-section (2) of section 9 shall be deemed to be public servants within the meaning of the Pakistan 
Penal Code (XLV of 1860). 
  
 13. Protection of action taken under this Ordinance. No suit, prosecution or other legal 
proceeding shall lie against any person for anything in good faith done or intended to be done under 
this Ordinance.  
 
 14. Effect of other laws. The provisions of this Ordinance and of any rules and orders made 
thereunder shall have effect notwithstanding anything contained in any law defining the powers, 
duties or obligations of a local authority. 
 
 
 
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Date: 01-07-2024