PESHAWAR: The Khyber Pakhtunkhwa government has promulgated an ordinance giving wide-ranging powers to the designated officers to place restrictions on people and establishments across the province to stem the spread of coronavirus (Covid-19), and try violators summarily.

The Khyber Pakhtunkhwa Epidemic Control and Emergency relief Ordinance, 2020, also delayed the holding of the local government elections until the continuation of the health emergency.

The health secretary has now been empowered to issue a notification with the approval of the chief minister to declare a serious and imminent infectious threat to public health in the whole or part of the province.

The emergency already declared by the provincial government under other laws shall remain effective.

The ordinance, which has overriding effect for any other laws effective in the province, also provides relief to students initially for a period of three months by introducing categories for fee concession.

Ordinance issued by govt also delays LG polls

According to it, an educational institution collecting monthly fee of more than Rs6,000 shall not charge from its students more than 80 per cent of it, whereas institutions charging up to Rs6,000 fee shall not charge more than 90 per cent of the total monthly fee.

Moreover, no educational institution shall give effect to annual increase in monthly fee during the period of relief.

Similarly, giving relief to tenants, the ordinance provides that no tenant shall be evicted under rent restriction laws by the landlord on account of default in payment of monthly rent. However, that provision shall not be applicable when the landlord is a widow, disabled persons, senior citizen or a minor orphan.

It has also been made binding on registered non-governmental organisations to collaborate and share data with government in connection with relief activities being done in the province.

Any educational institution, landlord or NGO which violates the said provision, shall be punishable with on spot fine of up to Rs1 million or attachment of movable, immovable, perishable property or both.

POTENTIALLY INFECTIOUS PERSON: The ordinance defines a PIP as a person who is suspected to be infected or contaminated with an infectious disease; or, is a risk that such person might spread, infect or contaminate other persons with an infectious disease; or, has arrived from or through an area affected by an infectious disease within 14 days or such other period as specified by the health secretary.

A notified medical officer may require a PIP to remain at a place suitable for screening and assessment for a period of 48 hours unless in the opinion of the officer, that person is required to be retained for a longer duration for satisfactory screening.

RESTRICTIONS AND PENALTIES: The ordinance empowers director general health services to assign duty to all registered medical practitioners and health facilities in an area to record, communicate and treat cases of infection or contamination; or impose one or more restrictions or requirements on or in relation to persons, things or premises asking them to undergo specific medical examination, be disinfected; wear specified protective clothing, and abstain from working or trading.

Moreover, a designated officer may for a specified period impose a specific or general restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains; impose condition s for attending public places, etc.

Under the ordinance a designated officer is further empowered to place certain restrictions in relation to holding of an event or gathering for a specified period. The officer can also issue directions for imposing different restrictions in relation to entry into, exit from a location of certain persons or premises for a specified period. He or she can also order closing or sealing of premises.

A designated officer, a notified medical officer or a police officer may give instructions to a person under the ordinance and can retain the person at a place under the ordinance. A police officer is also empowered to use reasonable force in exercise of powers conferred under the ordinance.

A person guilty of first offence under specific provisions of the ordinance shall be punished with imprisonment up to two months or a fine up to Rs50,000, whereas for a repeated offence he or she shall be punished up to six months or fined up to Rs100,000.

Moreover, if a person runs away or attempts to run away, while being moved to or kept at a place on order of notified medical officer, he shall be arrested and kept in a forced quarantine and he may also be liable to fine up to Rs50,000.

All offences shall be tried summarily by magistrates of the first class or special magistrates appointed under Section 14-A of the Code of Criminal Procedure.

LG POLLS: The ordinance also provides for the delaying of the local government elections by extending transition period of switching over to new local government system introduced in Apr last year from six months to two years.

Through this ordinance, Section 120-A of the KP Local Government Act, which was introduced last year for drastically changing the previous LG system, has been amended by providing two years’ time instead of six months for all administrative actions for giving effect to the new local government system.

It further provides that election of any local government shall not be conducted during the currency of declaration of the infectious disease.

TAX RELIEF: The ordinance empowers the government to provide total or partial exemption, suspension or deferral of the payment of the provincial taxes, duties, fees, levies and charges.

No person or surcharge shall be imposed for late submission of sales tax or other returns under the KP Finance Act, 2013, by the relevant authorities for the month of Mar 2020 to June 2020.

The government may also appoint health staff on short term contacts.

A schedule to the ordinance include seven categories of designated officers including home, health and elementary and secondary education secretaries, health services director general, commissioner of a division, deputy commissioners, and officers of the district administrations.

Published in Dawn, May 14th, 2020