Section 1A in The Epidemic Diseases Act, 1897
1[1A. Definitions.--In this, unless the context otherwise requires,--
(a) "act of violence" includes any of the following acts committed by any person against a healthcare service personnel serving during an epidemic, which causes or may cause—
(i) harassment impacting the living or working conditions of such healthcare service personnel and preventing him from discharging his duties;
(ii) harm, injury, hurt, intimidation or danger to the life of such healthcare service personnel, either within the premises of a clinical establishment or otherwise;
(iii) obstruction or hindrance to such healthcare service personnel in the discharge of his duties, either within the premises of a clinical establishment or otherwise; or
(iv) loss or damage to any property or documents in the custody of, or in relation to, such healthcare service personnel;
(b) "healthcare service personnel" means a person who while carrying out his duties in relation to epidemic related responsibilities, may come in direct contact with affected patients and thereby is at the risk of being impacted by such disease, and includes—
(i) any public and clinical healthcare provider such as doctor, nurse, paramedical worker and community health worker;
(ii) any other person empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof; and
(iii) any person declared as such by the State Government, by notification in the Official Gazette;
(c) "property" includes—
(i) a clinical establishment as defined in the Clinical Establishments (Registration and Regulation) Act, 2010 (23 of 2010);
(ii) any facility identified for quarantine and isolation of patients during an epidemic;
(iii) a mobile medical unit; and
(iv) any other property in which a healthcare service personnel has direct interest in relating to the epidemic;
(d) the words and expressions used herein and not defined, but defined in the Indian Ports Act, 1908 (15 of 1908), the Aircraft Act, 1934 (22 of 1934) or the Land Ports Authority of India Act, 2010 (31 of 2010), as the case may be, shall have the same meaning as assigned to them in that Act.]
1. Ins. by Act 34 of 2020, s. 3 (w.e.f. 22-4-2020)
Title: Power to take special measures and prescribe regulations as to dangerous epidemic disease.
12. Power to take special measures and prescribe regulations as to dangerous epidemic disease.--(1) When at any time the 2[State Government] is satisfied that 2[the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the 3[State Government], if 4[it] thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such me asures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as 4[it] shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
(2) In particular and without prejudice to the generality of the foregoing provisions, the 2[State Government] may take measures and prescribe regulations for—
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(b) the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.
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1. For Notifications issued under this section, see different local Rules and Orders.
2. Subs. by the A.O. 1937, for "G.G. in C."
3. Subs., ibid., for "India".
4. Subs., ibid., for "he".
5. Paragraph (a) omitted, ibid.
6. Sub-section (3) omitted by Act 38 of 1920, s. 2 and the First Schedule.
Title: Powers of Central Government.
1[2A. Powers of Central Government.--When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insuffici ent to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in 2[the territories to which this Act extends] and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary.]
1 Ins. by Act 38 of 1920, s. 2 and the First Schedule. Earlier substituted by the A.O.1937.
2. Subs. by the Adaptation of Laws (No.2) Order, 1956, for "a Part A State or a Part C State".
Title: Prohibition of violence against healthcare service personnel and damage to property
1[2B. Prohibition of violence against healthcare service personnel and damage to property.--No person shall indulge in any act of violence against a healthcare service personnel or cause any damage or loss to any property during an epidemic.]
1. Ins. by Act 34 of 2020, s. 5 (w.e.f. 22-4-2020).
1[(1)] Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860).
(i) commits or abets the commission of an act of violence against a healthcare service personnel; or
(ii) abets or cause damage or loss to any property,
shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees.
(3) Whoever, while committing an act of violence against a healthcare service personnel, causes grievous hurt as defined in section 320 of the Indian Penal Code (45 of 1860) to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees.]
1. Section 3 renumbered as sub-section (1) thereof by Act 34 of 2020, s. 6 (w.e.f. 22-4-2020).
2. Ins. by Act 34 of 2020, s. 6 (w.e.f. 22-4-2020).