[14th
October 2021] 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)
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. (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. (d)
"Inspecting Officer" means Malaria
Inspector/Assistant Malaria Inspector working in local bodies under regulation
9. (e)
"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. (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. (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 (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. (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.Delhi
Prevention And Control Of Malaria, Dengue, Chikungunya Or Any Vector Borne
Disease Regulations, 2021
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-
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.
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.
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.
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).
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.
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.
In any urban or rural area which is situated in and around threatened area in
National Capital Territory of Delhi, the Controlling Officers shall;
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.
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.
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.
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.
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)
No suit or legal proceedings shall lie against any person for anything done or
intended to be done in good faith under these regulation.