NOTIFICATION
Delhi, the 14th October, 2021
No. 6/DGHS/2019/PHW-IV/NVBDCP/Notification of VBDs/4714.—Whereas the Government of National Capital Territory of Delhi is satisfied that the National Capital Territory of Delhi is threatened with outbreak of Malaria, Dengue, Chikungunya or any Vector Borne Disease.
And whereas, the Government of National Capital Territory of Delhi is of opinion that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak and spread of vector borne diseases namely Malaria, Dengue, Chikungunya or any other Vector Borne Disease.
Therefore, in exercise of the powers conferred by section 2 of Epidemic Diseases Act, 1897 (Act No. 03 of 1897) and in view of letter no. DO 14-4/2016-17/NVBDCP/MTD/Malaria Elimination/Pt. file dated 26th May 2016 from Joint Secretary, Government of India, DO 14-4/2016-17/NVBDCP/MTD/Malaria Elimination/Pt. file dated 7th June 2016 from Director, National Vector Borne Disease Control Programme (NVBDCP), Government of India and DO no. 7-165/2016/NVBDCP/DEN dated 9th June 2016 of the Ministry of Health & Family Welfare, Government of India and all other powers enabling it in this behalf, the Lieutenant Governor of National Capital Territory of Delhi is pleased to make following regulations, namely;-
1. Short title and commencement.–
(1)These regulations may be called “The Delhi Prevention and Control of Malaria, Dengue, Chikungunya or any Vector Borne Disease Regulations, 2021’’.
(2).They shall come into force on the date of their publication in the National Capital Territory of Delhi Gazette.
2. Definitions.- (1) In these regulations, unless the context otherwise requires,-
(a) “Infected Area” means any area of National Capital Territory of Delhi infected with Malaria, Dengue, Chikungunya or any vector borne Disease.
(b) “Regulating Officer” means State Program Officer, NVBDCP Directorate of Health Services, Government of National Capital Territory of Delhi
(c) “Controlling Officer” means Municipal Health Officer (MHO) of three Delhi Municipal Corporations (DMCs), MOH (Medical Officer Health) of New Delhi Municipal Council and SHO (Station Health Officer) of Delhi Cantonment Board.
(e) “Inspecting Officer” means Malaria Inspector/Assistant Malaria Inspector working in local bodies under regulation 9.
(f) “Threatened Area” means any area, which is declared by the Government of National Capital Territory of Delhi under regulation 3 as Threatened Area.
(2) Words and expressions used and not defined in these regulations shall have the same meaning as assigned to them in the National Vector Borne Disease Control Programme (NVBDCP) Guidelines, Ministry of Health & Family Welfare, Government of India, as issued time to time.
3. Notification of area as infected or threatened.-
The Government of National Capital Territory of Delhi on the recommendation of the Director General of Health Services, Delhi may notify in the Gazette and declare-
(a) any area in the National Capital Territory of Delhi as an infected Area or threatened area
(b) any area contiguous to any infected area in which, in the opinion of State Government, there is danger of outbreak of Malaria, Dengue, Chikungunya or any other Vector Borne Disease.
4. Appointment of Controlling Officer.– The Government of National Capital Territory of Delhi may empower the local bodies to appoint a Controlling Officer for any infected or threatened area to carry out all or any of the measure prescribed under these regulations.
5. Publication of List of infected area and intimation of outbreak of Malaria, Dengue, Chikungunya or any Vector Borne Disease.– When on the recommendation of the Director General of Health Services Delhi, declared under regulation 3 any area as the infected area, the Principal Secretary, (Health & Family Welfare), Delhi shall cause the details of such area to be published in the Delhi Gazette. He shall also specify therein the information regarding appointment of Controlling Officer and establishment of Active/Passive Surveillance Centers and other Surveillance staff for control, prevention and management of Malaria, Dengue, Chikungunya or any Vector Borne Disease for Epidemiological and Entomological investigation.
6. Notification of persons suffering from Malaria, Dengue, Chikungunya or any Vector Borne Diseases:- When Malaria, Dengue, Chikungunya or any Vector Borne Disease break out at any place, all the health and diagnostic facilities of Central Government, State Government of National Capital Territory of Delhi, local bodies (3 Delhi Municipal Corporation, New Delhi Municipal Council, Delhi Cantonment Board), organized health sector (Railways, ESI etc.), Private Hospitals, Private practitioners and other agencies shall cause the name, contact detail and addresses of persons suffering from Malaria, Dengue, Chikungunya or any Vector Borne Disease to be notified to the concerned Deputy Health Officer in DMCs or their equivalent counterpart in other local bodies/ agencies etc. and they shall in turn report to the respective Controlling Officer/s.
7. Controlling officer of designated Delhi Municipal Council for Vector Borne Disease reporting shall compile all the Vector Borne Disease data and report to Regulating Officer/State Program Officer, National Vector Borne Disease Control Program (SPO NVBDCP).
8. The diagnosis and management of Malaria, Dengue, Chikungunya and other Vector Borne diseases, suspected or confirmed cases needs to be done as per the guidelines issued by the Directorate of National Vector Borne Disease Control Programme, Ministry of Health & Family Welfare, Government of India.
9. Role and Responsibilities of Regulating Officer.– Regulating officer shall coordinate with local bodies and Govt. of India and supervise National Vector Borne Disease Control Program in National Capital Territory of Delhi.
10. Role and Responsibilities of Controlling Officer.- In any urban or rural area which is situated in and around threatened area in National Capital Territory of Delhi, the Controlling Officers shall;
- a. require every owner or occupier of a building and every medical practitioner to report every case of Malaria, Dengue, Chikungunya or any Vector Borne Disease, which may come to the notice of such owner, occupier or practitioner, to Designated District Nodal Officer of Government of National Capital Territory of Delhi;
- b. arrange for the examination of blood of any person suspected to be suffering from Malaria, Dengue, Chikungunya or any Vector Borne Disease and for his treatment and also refer such suspected case to any of the Sentinel Surveillance Hospital, Referral Institute or Higher Institutions as the case may be;
- c. carry out or cause to be carried out intensive preventive operations within the area in which such suspected case/ confirmed case has been reported.
- d. ensure preventive insecticidal indoor spraying in any type of premises including animal dwelling, streets, shops, slums, villages area or any other type of roofed structures etc.;
- e. carry out mass blood examination survey and mass drug treatment in the inhabitant, temporary labor, casual visitors in the affected area, as the situation may demand;
- f. give such direction to the contractor or employer at the site of projects like construction sites, roads, buildings, irrigation etc. with a view to prevent and control outbreak of such Disease;
- g. direct Inspecting Officers to carry out inspection measures for control of such disease in the desired area and to take corrective measures and submit and Action Taken Report;
- h. shall submit the Action Taken Report to Regulating Officer
11. (1) No person shall-
- (a) keep or maintain any collection of standing or flowing water in which mosquitoes to breed;
- (b) cause, permit or suffer mosquito-genic conditions or such act prohibited by regulations or NVBDCP guidelines;
- (c) occupy a new building (Government, Semi Government or Private) unless an occupation certificate is obtained from the Controlling Officer of the respective local body regarding the requirement of anti mosquito system in such premises;
(2) The owner or the occupier of any house, building or shed or land shall not keep therein any bottle, vessel, cane, tyres or any other container broken or unbroken in such a manner that is likely to collect and retain water which may breed mosquitoes.
(3) All burrow, pits required to be dug in the course of construction and repair of roads, railways, telecommunication, embankment etc., shall be filled so as to ensure that the water does not stagnate therein, where possible and practicable, the burrow pits shall be left clean and drainage shall be ensured.
(4) The natural presence of mosquito larvae, pupae in any standing or flowing water shall be evidence that mosquitoes are breeding in such water in premises, Institution and Office or dwelling units.
12. (1) The Inspecting Officer may, by notice in writing require the owner or the occupier of any place containing any collection of standing or flowing water in which mosquitoes breed within such time as may he specified in notice, not being less than Twenty Four hours, to take such measure with respect to the same by physical, chemical, biological and other methods, as the Inspecting officer may consider suitable in the circumstances for the prevention and control of such diseases.
(2) If the person on whom a notice is served under sub regulation (1) fails or refuses to take measures or adopt the method of treatment specified in such notice within the time mentioned therein, the Inspecting Officer may himself take such measures or adopt the method of such treatment and recover the cost along with service charges for doing so from the owner or occupier of the property, as the case may be.
(3) No person shall, without the consent of the Inspecting Officer interfere with, injure, destroy or, render useless, any work executed or any material or thing placed in under or upon any land or building by or under the order of the Inspecting Officer, with the object of preventing the breeding of mosquitoes therein.
(4) If any person contravenes the provisions of sub regulations (3) the Inspecting Officer may re-execute the work or replace the materials or things as the case may be, and the cost along with service charges for doing so, shall be recovered from such person.
13. For the purpose of enforcing the provisions of these regulations, the Inspecting Officer may at all reasonable time, after giving such notice in writing as may appear to him reasonable, enquire and inspect any land or building within his jurisdiction and the occupier or the owner of such land or building, as the case may be, shall give all facilities necessary for such entry and inspection, and supply all such information as may be required for the aforesaid purposes.
14. In case of any dispute or difference of opinion in the execution of any anti mosquito scheme or in its operation of any work under these regulations in which the jurisdiction of the Government of India or Government of any other State/UT is involved, the matter shall be referred to the Government of India for final decision in this matter.
15. Screening of migrant laborers at the construction site.– Contractors of any construction sites (Government or Private agency) shall be responsible for getting all the migrant laborers screened for Malaria, Dengue and Chikungunya at the nearest malaria clinic or surveillance team deployed under National Vector Borne Disease Control Program, GoI (NVBDCP) or by Government of National Capital Territory of Delhi or Local Bodies. No laborer shall be engaged by the contractors at the construction sites unless he/she has been screened for the said diseases.
16. Obstruction to performance of duty prohibited.- Every person shall duly comply with an order or requisition issued under these regulations and no person shall obstruct the performance of any of the duties imposed upon anyone by these regulations.
17. Penalty.- Any person/Institution or organization disobeying these regulations or order issued under these Regulations shall be deemed to have committed as offence punishable under Section 188 of Indian Penal Code (45 of 1860)
18. Protection to persons acting under these Regulations.-No suit or legal proceedings shall lie against any person for anything done or intended to be done in good faith under these regulation.