PUBLIC HEALTH (EMERGENCY PROVISIONS) ORDINANCE, 1944

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THE PUBLIC HEALTH (EMERGENCY PROVISIONS) 
ORDINANCE, 1944 
(XXI of 1944) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Power to require local authorities to take health measures. 
4. Power to appoint additional health staff. 
5. Powers 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. 
 
TEXT 
THE PUBLIC HEALTH (EMERGENCY PROVISIONS) ORDINANCE, 1944 
(XXI of 1944) 
[20th May, 1944] 
An 
Ordinance 
to make special provisions in regard to public health 
 WHEREAS an eme rgency has arisen which renders it necessary to make 
special provision for preventing the spread of human disease, safe guarding the 
public 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 section 72 of the 
Government of India Act, 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 title, 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, un less there is anything repugnant in the 
subject or context,– 
(a) “appropriate Government” means in relation to cantonmen t authorities 
and to port authorities in major ports, the 
2
[Federal] Government, and in 
relation to all other local authorities, the Provincial Government; 
(b) “local area” means the area within which a local authority exercises its 
functions; 
(c) “local authority” in this section and sections 7 to 10 and 14 includes 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” inclu de 
respectively sanitary, water -supply, vaccination, sewage disposal, 
drainage and conservancy services and establishment maintained for 
the purposes of such services, and any other service o r establishment 
 
1Substituted for the words “it extends to  all the Provinces and the Capital of the Feder ation” by the Central Laws (Statute 
Reform) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan (Extraordinary), dated June 9, 1960, pp. 725-845, 
s. 3 read with Second Schedule. Whereas earlier substituted the words “the whole of the Britis h India” by the Adaptat ion of 
Central Acts and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated March 25, 1949, ( w.e.f. 28.3.1949), published 
in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, Articles 3(2) and 4.  
2Substituted for the word “Central”  by the Punjab Laws (Adaptation) Order, 1974 (Pb. Order No. 1 of 1974) , published in the 
Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule. 
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” includ es the purposes of ensuring the 
provision of adequate medical services, of preventing the spread of 
human disease, of safeguarding the p ublic health and of providing or 
maintaining services essential to the health of the community. 
3. Power to require loca l authorities to take health measures .– (1) The 
appropriate 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 this 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 whic h 
has been ordered under sub -section (1) to take any measures has failed to take, or 
is unlikely to complete, such measures within the pe riod 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 fo r the purpose 
exercise all or any of the powers of the local authority or of any committee or officer 
of the local auth ority 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 th e 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 
with 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. Power to appoint additional health staff .– (1) The appropriate Government 
may, if it considers it necessary for any purpose of this Ordinance, appoint in any 
local area additional medical or public health establis hment to perform such duties 
and exercise such functions as the appropriate 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 any specified portion thereof shall, if 
the appropriate Government so orders, be paid out of the funds of the local authority. 
5. Powers 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 hea lth services of any 
local authority. 
 (2) Upon the assumption of superintendence under sub-section (1),– 
(a) the appropriate Government may by order in writing specify the scale 
of the medical or public health establishment concerned to be 
maintained by the  local authority, the qualifications to be required for 
appointment 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 establishment shall vest in such authority as 
the appropriate Government may appoint in this behalf; 
(c) the appropriate Government may by order in writing specify the powers 
to be exercised by Health Officers employed under the local authority; 
(d) the appropriate Government shall have power to inspect, superintend 
and control the operations of the local auth ority in regard to any 
purpose of this Ordinance, and may by order in writing authorise 
persons to carry out such inspection, superintendenc e and control and 
define their powers and duties when so acting; 
(e) the costs of and incidental to the services and  establishment 
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 orde r 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 s uch administration exercise all the 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 t he 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 aut hority 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 w riting direct any local 
authority to supply water to any area or to any authority or person within or without 
its local area at such places a nd in such quantities as may be specified in the order, 
subject to such payment being made therefor and to such oth er conditions as the 
appropriate Government may consider reasonable. 
8. Power to give directions .– For the purpose of carrying into effect an y of the 
foregoing provisions of this Ordinance or any order made thereunder, the 
appropriate Government may in wri ting give to any local authority such directions as 
it thinks fit, and it shall be the duty of the local authority to comply therewith. 
9. Power to supersede local authorities.– (1) If the appropriate Government is 
of opinion that any local authority has f ailed to comply, or has delayed in complying, 
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 i n writing, supersede the local authority for 
such period as may be specified in the order. 
 (2) When an order of supersession has been made un der sub -section 
(1),– 
(a) all the members of the local authority 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 performe d by or on behalf of the local 
authority shall, during the period of supersession, be exercised and 
performed by s uch person as the appropriate Government may 
authorise in this behalf; 
(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 specifi ed in the order 
under sub-section (1), the appropriate Government may by order in writing– 
(a) extend the period for such further term as it ma y 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 functioning 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 an y local area the 
appropriate 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 notification to comply with the 
provisions of section 23 of the General Clauses Act, 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 r ules.– (1) The appropriate Government may make rules for 
carrying out the purposes of this Ordinance, and in pa rticular and without prejudice 
to the generality of the foregoing power, such rules may– 
(a) prescribe any disease against the spread of which sp ecial precautions 
are considered by the appropriate Government to be necessary; 
(b) prohibit any act which in t he opinion of the appropriate Government is 
likely to lead to or facilitate the spread of any disease prescribed under 
clause (a); 
(c) provide fo r the restraint, segregation and restriction of movement of 
persons suffering or suspected to be suffering from any such disease; 
(e) provide for the temporary transfer of members of the medical and 
public health establishments of any local authority to se rve in another 
local area under the appropriate Government or another local authority. 
 (2) In making rules und er 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 deemed to be public servants .– All persons autho rised 
under sub-section (2) of section 3, clause (d) of sub -section (2) of s ection 5, section 
6 or clause (b ) of sub-section (2) of section 9 shal l be deemed to be public servants 
within the meaning of the Pakistan
1
 Penal Code
2
.  
13. Protection of action t aken 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 rule s and 
orders made thereunder shall have effect notwithstanding anything contained in any 
law defining the powers, duties or obligations of a local authority. 
 
 
 
 
 
 
 
 
 
 
 
1Now it is the ‘Pakistan Penal Code’ as the word “Pakistan” substituted for the word “Indian” by the Adaptation of Central Acts 
and Ordinances Order, 1949, vide Notification No. G.G.O. 4, dated March 25, 1949, (w.e.f. 28.3.1949), published in the Gazette 
of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, Article 3(1) read with Schedule. 
2XL of 1860.