A week after the death of Reeda Shaikh,the first casualty of swine flu in the country,the Pune Municipal Corporation (PMC) on Monday sought permission from the state government to implement powers that will allow it to undertake special measures towards containing the spread of the H1N1 virus. This comes even after the Epidemic Diseases Act 1897 that had been invoked in Pune and Satara on August 4,a day after the death of Reeda,had vested special powers with the district collector to take critical decisions.
The Epidemic Act empowers the district collector to take decisions that are necessary to prevent spread of disease while the Section 319 of Bombay Provincial Municipal Corporation Act (BPMC) empowers the municipal commissioner to take decisions, a senior PMC said.
If the civic administration proposal is cleared,the municipal commissioner can take decisions directly,but the rider is that the state government still has to give its approval.
The Epidemic Diseases Act was passed in 1897 when the Constitution and BPMC Act did not exist. The provisions of the Act are incorporated in Section 319 of BPMC Act that came into existence in 1949. The provisions are not contrary and there is no harm in the civic body seeking these powers from the state government, PMC legal adviser Bhagyashree Alate said.
As per Section 319 of the BPMC Act,the municipal commissioner may undertake special measures on the outbreak of any dangerous disease in its jurisdiction. On August 10,the civic administration sought approval of the state government for implementing Section 319 of BPMC Act so that commissioner can resort to special measures to bring the situation under control.
Deputy municipal commissioner K C Karkar said if the state government approves the civic administration proposal then the municipal commissioner too can take critical decisions on his own. There is no need for the civic administration to approach other authorities each time,seeking their approval to implement special measures, he said.
Though,the civic administration has sought approval for implementing the provisions of BPMC Act,there is also a school that strongly believes that the district collector is already implementing the Epidemic Act and hence there will not be any need of using these powers under BPMC Act. The idea behind the move is to empower the municipal commissioner to take measures if the steps taken earlier are insufficient, officials said.