Whereas the Government of Bihar
is satisfied that the State is threatened with, an outbreak of COVID-19, which
is a dangerous epidemic disease and the State Government is of the opinion that
ordinary provision of law for the time being in force are insufficient for the
purpose. Now, therefore, in exercise of
the powers conferred under section 2, 3 and 4 of the Epidemic Diseases Act,
1897 (Central Act 3 of 1897), the Government of Bihar is pleased to issue the
following regulation regarding COVID-19 (Corona Viral Disease 2019) and to take
special measures to be observed by the public to prevent the outbreak of the
said disease or spread thereof:- This
regulation may be called "The Bihar Epidemic Diseases, COVID-19 Regulation
2020". "Epidemic Disease" in
this regulation includes COVID-19 (Corona Virus Disease 2019). Authorized person under this
regulation are Director in Chief (Infectious Diseases) at State Level; District
Magistrate (DM), Civil Surgeon (CS) and Additional Chief Medical Officer (ACMO)
in the districts and Sub Divisional Magistrate (SDM) and Medical Officer
In-charge (MOIC) of respective subdivisions and blocks and Officers as authorized
by the Department of Health from time to time. All Hospitals (Government and
Private) should have Flu corners for screening of suspected cases of COVID-19
(Corona Virus Disease 2019). All Hospitals (Government and
Private) during screening of such cases shall record the history of the travel
of the person if he/she has travelled to any country or area where COVID-19 has
been reported. In addition, the history of coming in contact with a suspected
or confirmed case of COVID-19 shall be recorded. (i) In case
the person has any such history in the last 14 days and the person is
asymptomatic then the person must be kept in home quarantine for 14 days from
the day of exposure. (ii) In case
the person has any such history in the last 14 days and the person is
symptomatic as per case definition of COVID-19, the person must be isolated in
a hospital as per standard procedure and will be tested for COVID-19 as per
protocol. (iii) Information
of all such cases should be given to the Office of Civil Surgeon of the
district immediately. No
person/institution/organization shall use any print, electronic or social media
for mis-information regarding COVID-19 with a mala fide intent to spread panic
in the society. This is to avoid spread of any rumor or unauthenticated
information regarding COVID-19. In case any person/institution/organization is
found indulging in such activity, it will be treated as a punishable offence
under these regulations. No private laboratory has been
authorized to take or test samples for COVID-19 in the State of Bihar. All such
samples shall be collected as per guidelines of Government of India and these
shall be sent to designated laboratory by the Nodal Officer of the designated
hospital notified by the Civil Surgeon of concerned district. Nodal Officer of
the designated hospital shall ensure to intimate the information regarding
sample collection to the ACMO of the concerned District. Any person with history of travel
after 29th February 2020, to a country or area from where COVID-19 has been
reported, must report to the nearest Government Hospital or call at toll-free
helpline number (104) so that necessary measures if required, may be initiated
by the Department of Health, Government of Bihar. All persons with history of
travel to a country or area from where COVID-19 has been reported after 29th
February 2020, but who do not have any symptoms of cough, fever, difficulty in
breathing, should quarantine themselves at home. Such persons must take
precautions to avoid contact with any person including family members for a
period of 14 days from the date of arrival from such area. Authorized person as per clause 3
of these regulations are authorized under this Act to admit a person and
isolate the person if required in case he/she has history of visit to an area
known to be affected by COVID-19 or has come in contact with a person of that
area and the concerned person is symptomatic. If a suspected case of COVID-19
refuses admission or isolation, the officers authorized in clause 3 of these
regulations shall have powers to forcefully admit and isolate such case for a
period of 14 days from the onset of symptoms or till the reports of laboratory
tests are received, or such period as may be necessary. If there are sufficient reasons,
cause or information to suspect or believe that any persons could be infected
with COVID-19 and his continued presence in a premises is hazardous to the
public safety, it shall be lawful for a Surveillance Personnel to enter any
such premises, after giving reasonable opportunity to the owner/occupier; for
the purpose of surveillance of instances of fever or cough or respiratory
difficulty, enquire into or undertake physical examination, as he/she thinks
fit, and such person(s) shall be bound to cooperate and render all possible
assistance to facilitate such surveillance, inspection, enquiry and
examination. If consequent upon such inquiry,
inspection, examination or otherwise, Surveillance Personnel has reason to
believe or suspect that such a person could be infected with COVID-19, the
Surveillance Personnel may direct/arrange to put that person(s) in home
quarantine or direct/escort that persons(s) to an 'Institutional Quarantine
Facility' or an 'Isolation Facility'. It shall be mandatory for Medical
Officers in Government Health Institutions and registered Private Medical Practitioners,
including AYUSH practitioners, to notify such person(s) to the concerned
District Surveillance Unit, along with duly filled up self declaration forms,
who, within their knowledge, are having travel history to COVID-19 affected
countries as per the guidelines and are having complaints of fever or cough or
respiratory difficulty or even without any signs and symptoms of the COVID-19. If the owner or occupier(s) of
any premises or any individual suspected/confirmed with COVID-19, refuses to
take measures for prevention or treatment i.e., Home quarantine/Institutional
Quarantine/Isolation or any such person refuses to cooperate with, render
assistance to or comply with the directions of the Surveillance Personnel, the
concerned District Magistrate having jurisdiction and specifically authorized
by the District Magistrate in this regard, may pass an appropriate order and
may proceed with proceedings under Section 133 of the Code of Criminal
Procedure, 1973 (2 of 1974) or take any other coercive action as deemed
necessary and expedient for enforcing such cooperation and assistance. In case
of a minor, such order shall be directed to the guardian or any other adult
member of the family of the minor. All advisories issued/to be
issued by the Government of India on COVID-19 will ipso-facto be treated as
directions under this regulation in the State of Bihar. If cases of COVID-19 are reported
from a defined geographic area such as village, town, city, ward, colony,
settlement etc., the District Magistrate of the concerned district shall have
the right to implement the following containment measures, but not limited to
these, in order to prevent spread of the disease. (i) Sealing
of the geographic area. (ii) Barring
entry and exit of population from the containment area. (iii) Closure
of schools, offices and banning public gatherings. (iv) Banning
vehicular movement in the area. (v) Initiating
active and passive surveillance for COVID-19 cases. (vi) Isolation
of all suspected cases in the Hospitals. (vii) Designating
any government/private building as containment unit for isolation of the cases. (viii) Staff of
all Government Departments shall be at the disposal of District Magistrate of
the concerned area for discharging the duty of containment measures. (ix) Any other
measures as directed by Department of Health, Government of Bihar to
prevent/contain the spread of COVID-19. District Disaster Management
Committee headed by District Magistrate is authorized to prepare the planning
strategy regarding containment measures for COVID-19 in their respective
district. The District Magistrate may co-opt officers from different Department
in the District Disaster Management Committee for this activity under these
regulations. Any
person/institution/organization found violating any provisions of these
regulations shall be deemed to have committed an offence punishable under
section 188 of the Indian Penal Code (45 of 1860). Principal Secretary,
Department of Health or District Magistrate of respective district may initiate
legal action against any person/institution/organization if found violating
provisions of this regulation or any further orders issued by Government of
Bihar under this regulation. No suit or other legal proceeding
shall lie against any person for anything done or in good faith intended to be
done under this Act. This regulation shall come into
force immediately and shall remain valid for a period of one year from the date
of publication of this notification.BIHAR EPIDEMIC DISEASES, COVID-19 REGULATION
2020
PREAMBLE