Centre delegates power to Andaman and Nicobar LG under Epidemic Disease Act
Sep 05, 2022
By Rajnish Singh
New Delhi [India], September 5 : The Central government has delegated the powers to the Lieutenant Governor of Andaman and Nicobar Islands under the Epidemic Disease Act.
President Droupadi Murmu gave her permission to the Lieutenant General of Andaman and Nicobar Islands allowing him to exercise the powers and discharge the functions of the UT administration under the Epidemic Disease Act 1897.
As per a notification issued by the Ministry of Home Affairs, the President's direction to the LG of Andaman and Nicobar was given last month.
MHA made the declaration through its notification issued last week.
"In pursuance of clause (1) of article 239 of the Constitution, the President hereby directs that the Administrator (Lieutenant Governor) of the Union territory of Andaman and Nicobar Islands shall, subject to the control of the President and until further orders, exercise the powers and discharge the functions of the State Government under sub-section (1) of section 2 of the Epidemic Diseases Act, 1897 (3 of 1897) within the said Union territory," reads the notification.
The Epidemic Disease Act 1897 provides the power to take special measures and prescribe regulations for dangerous epidemic diseases.
As per the Act, the state government threatened with an outbreak of any dangerous epidemic disease may take or require or empower any person to take measures to prevent the outbreak of such disease or its spread.
"The provisions of the act are used at a time when the state governmnet thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose," said an MHA official while explaining the utilization of powers of the Epidemic Disease Act 1897.
The official, however, made it clear that the provisions of the Epidemic Disease Act 1897 are applied by issuing a public notice.
"The state government may also determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed," the official said.