Medical Wants of Planting Districts. Any superintendent who shall refuse or neglect to perform any of the duties hereby imposed on superintendents shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees. 21 It shall be the duty of every kankani employed upon an estate to give information to the superintendent of every case of sickness in his gang, and any kankani who shall neglect or refuse to give such information to the superintendent shall be guilty of an offence, and liable on conviction to a fine not exceeding twenty rupees. 22 It shall be lawful for the Governor, with the advice of the Executive Council, to make regulations for the following purposes, and from time to time to revoke, alter, or annend such regulations : (a) For the guidance of the district medical officers and medical assistants in their duties; (b) For the regulation and management of the district hospitals and dispensaries, and the maintenance of order and cleanliness therein, and for the issue at prime cost of medicines to superintendents for the use of labourers; (c) For regulating the private practice of the district medical officers, so that it shall not interfere with their duties under the Ordinance, and for settling the fees to be paid by proprietors, superintendents, or assistant superintendents to the district medical officer for medical attendance; (d) To provide for keeping by the medical officer at each hospital or dispensary under his charge a register of all cases treated therein, whether as in or outpatients; (e) Prescribing and regulating returns to be made in relation to his duties by the medical officer. The regulations so made shall be published in the Government Gazette, and a printed copy of the regulations made for the management of district hospitals and dispensaries, respectively, shall be hung up for public information in every district hospital or dispensary. 23 When any sum of money shall be payable under the 15th or 19th clause of this Ordinance, it shall be the duty of the government agent to give notice in writing to the superintendent of the estate in respect of which the same is payable, requiring the payment thereof within one month after such notice, and in default of such payment it shall be lawful for the government agent or any person authorized by him in writing in that behalf to seize, once or oftener, all the crops, live stock, and implements, or any part thereof found on the estate, liable in respect of such sum, or any other article or thing whatsoever belonging to the proprietor or any of the proprietors of such estate, until the full amount due by such estate shall be recovered. If there be no sufficient Duties imposed on kankani. Governor in Council may make rules. Recovery of money due for subsistence and medical attendance. Removal of property seized or keeping same in charge. Costs of seizure and sale. Buildings may be broken open. Return of overplus. Medical Wants of Planting Districts. crops, live stock, or implements on such estate to realize the amount due, it shall be lawful for the government agent or other person authorized as aforesaid to cause the timber on the said estate to be cut, or the materials of the buildings erected thereon to be removed, and to sell the same. And unless the sum due shall be sooner paid, with the costs and charges incurred in respect of such seizure, it shall be lawful for such government agent or any person as aforesaid to sell the property so seized by public auction at any time after thirty days from the date of seizure; perishable property, however, may be sold within ten days from the date of such seizure. Provided, however, that no seizure shall take place under this clause for any sum of money which shall have been in arrear for a period of one year. 24 Any property so seized as aforesaid may be removed for safe custody, pending the sale thereof, to such place as the person directing the seizure may think fit; and in the case of the seizure of any property which cannot conveniently be removed, it shall be lawful for the person making the seizure to place and keep a person in possession thereof pending such sale. 25 The costs and charges of seizure and sale shall also be payable from the proceeds of the property seized, and they shall be as follows: (1) For cost of proceeding to the house or land of the party in default in order to seize property,-a charge not exceeding eight per centum on the amount due. (2) For removal of the goods seized, in case such removal takes place, a charge not exceeding eight per centum on the amount due. (3) For keeping the same in safe custody in case of such removal,—a charge not exceeding fifty cents per day. (4) For keeping a person in possession, if the goods seized are not removed, —a charge not exceeding fifty cents per day. (5) For the expenses of sale, where any takes place,—a charge not exceeding two and a half per centum on the net produce of the sale. 26 It shall be lawful for the government agent or person authorized as aforesaid to break open or cause to be broken open in the day time any house or building for the purpose of seizing property in pursuance of this Ordinance, if he shall have affixed to a conspicuous part of such house or building, three clear days previously, a notice of his intention so to do. 27 In the event of a sale of property seized, the government agent at whose instance such seizure was made shall, after deducting the amount due by the defaulter, and also the costs and charges payable under clause 25, restore the overplus arising from such sale, if any there be, to the owner of the property sold. Medical Wants of Planting Districts. 28 Whoever shall wilfully obstruct any person in the performance of any duty imposed upon him or in the exercise of any authority vested in or conferred upon him under or by virtue of this Ordinance, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees, or to imprisonment, with or without hard labour, for any term not exceeding three months. 29 The Ordinance No. 14 of 1872, intituled "An Ordinance to provide for the Medical Wants of the Coffee Districts," is hereby repealed from and after the commencement of this Ordinance. Provided that this repeal shall not affect (a) The past operation of the said Ordinance nor anything (b) Nor any right, privilege, obligation, or liability acquired, (d) Any legal proceeding or remedy in respect of such 15th December, 1880. Obstructing persons acting under this Ordinance. Repealing clause. No. 9 of 1882. An Ordinance to amend "The Medical Wants Ordinance, 1880," and to repeal "The Medical Wants Ordinance, 1880, W Amendment Ordinance, 1881." HEREAS it is expedient to amend "The Medical Wants Ordinance, 1880," and to repeal "The Medical Wants Ordinance, 1880, Amendment Ordinance, 1881:" Be it enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance may be cited as "The Medical Wants Ordinance, 1880, Amendment Ordinance, 1882.” 2 This Ordinance and "The Medical Wants Ordinance, 1880," hereinafter referred to as "the principal Ordinance," shall be read and construed as one Ordinance, save so much of the principal Ordinance as is hereby repealed. 3 This Ordinance and the principal Ordinance shall together come into operation on the first day of January, 1883. 4 For the purpose of providing a special fund to defray the cost of the medical care of labourers on estates under this and the principal Ordinance, it shall be lawful for the Governor, with the advice of the Executive Council, from time to time by Proclamation in the Gazette, to impose a duty, and the same from time to time to increase or reduce, not exceeding ten cents per hundredweight on coffee, tea, and cocoa, and twenty cents per hundredweight on cinchona, which duty shall be levied at the customs on the entry for exportation of all coffee, Preamble. Title. Ordinance to be construed as one with Ordinance No. 17 of 1880. Date of Special fund to To be called the "Medical Aid Fund." Governor to appoint superintending medical officers. Salaries of officers so appointed. Duties of superintending medical officers. Superintending Existing district of medical Duties of district medical officers and medical assistants. Medical Wants of Planting Districts. tea, cocoa, and cinchona, and shall be payable to, and shall be collected and received by, the proper officers of the customs department; and the payment thereof shall be enforced under the provisions of the Ordinance 17 of 1869, intituled "An Ordinance for the General Regulation of Customs in the Island of Ceylon." 5 The duty to be collected under the authority of the last preceding clause shall be paid into the Treasury, and shall be carried to the credit of a fund to be called the "Medical Aid Fund," and shall be applied and devoted to defray the expenses incurred under this Ordinance, and to no other purpose whatever. And an account current of such fund shall be made up annually and published in the Gazette for general information. 6 It shall be lawful for the Governor to appoint superintending medical officers, not exceeding three in number, for the purposes of this Ordinance, and to assign to them salaries commencing at five thousand rupees per annum, and rising by quinquennial increments of five hundred rupees until a maximum salary of eight thousand rupees is reached. Such officers shall receive, when travelling on duty, a daily allowance not exceeding ten rupees, and shall be under the direction of the Principal Civil Medical Officer. 7 It shall be the duty of each superintending medical officer- To inspect the labourers employed on the estate with a view of To inspect the hospitals and dispensaries within his district, and to inquire into any complaints which may have been made respecting the working of such hospitals or dispensaries. 8 The superintending medical officer shall have power to enter upon every estate within the districts assigned to him and visit the cooly lines thereon whenever he shall deem fit, and to send to the hospital of any district any labourer requiring medical treatment. Provided that whenever any hospital shall be appointed a district hospital under the principal Ordinance, or a dispensary under this Ordinance, any residences attached or appertaining thereto shall, if ordered by the Governor to be taken over, vest in and become the property of the Crown for the purposes of this Ordinance. 9 It shall be lawful for the Governor to appoint existing district hospitals or other buildings to be dispensaries, to be placed in charge of medical assistants, and to assign to such medical assistants salaries commencing at one thousand five hundred rupees per annum, and rising by quinquennial increments of two hundred and fifty rupees to two thousand rupees, with such horse or travelling allowance as the Governor may in his discretion assign to such assistants, and it shall also be lawful for the Governor to appoint, if need be, licentiates of the Ceylon Medical College to be district medical officers, medical assistants, or dispensers under this Ordinance. 10 It shall be the duty of each district medical officer to visit the hospital of his district daily, and it shall also be the duty, as far as may be practicable, of each medical assistant, upon being required in writing so to do by the superintendent of any estate in his district, to visit any sick labourer on such estate, and for every such last-mentioned visit to an estate the estate shall be liable for the payment into the Colombo Harbour. kachcheri of a fee of two rupees and fifty cents, which fee shall be recoverable in the manner provided in the 23rd section of the principal Ordinance, and shall be carried to the credit of the Medical Aid Fund. 11 The 12th section of the principal Ordinance is hereby amended by adding the words "or dispensary" immediately after the words "district hospital" whenever the words "district hospital" appear. 12 Sections 16 and 17 of the principal Ordinance are hereby repealed from and after the commencement of this Ordinance. And from and after the said date the Ordinances specified in the schedule to this Ordinance are hereby repealed: Provided that this repeal shall not affect (a) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any enactment hereby repealed; nor (b) Any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment hereby repealed; nor (c) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; nor (d) Any legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid. Provided that if the committee of any district shall leave any such obligation or liability unpaid, it shall be lawful for the Governor, with the advice of the Executive Council, on being satisfied that such obligation or liability was duly incurred under the said Ordinance No. 14 of 1872 and is unpaid, to fix and levy an assessment on all estates situated in such district according to the latest assessment roll of such district published in the Government Gazette, to defray the said obligation or liability; and the assessment so made shall be a charge on the said estates and the proprietors thereof, and be recoverable in manner provided by the said Ordinance. Amendment of section 12 of No. 17 of 1880. Repealing clause. Schedule. Ordinances repealed. 1. The Ordinance No. 14 of 1872, intituled "An Ordinance to provide for the Medical Wants of the Coffee Districts." 2. The Ordinance No. 18 of 1881, intituled "An Ordinance to amend the Medical Wants Ordinance, 1880." 5th December, 1882. No. 1 of 1881. An Ordinance to amend the Ordinance No. 1 of 1876, intituled "An Ordinance for the raising by Debentures of a further sum of Four Hundred Thousand Pounds Sterling for the improvement of the Harbour of Colombo." (See under No. 1 of 1876, Volume I., page 708.) |