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(d) The reclamation of unhealthy localities, the removal of noxious
vegetation and generally the abatement of all nuisances.
(g) Measures for preventing and checking the spread of dangerous
diseases.
317. Section 64 of the Act which deals with the functions of the several
municipal authorities lays down :—
Pub-section (3)—
Subject, whenever it is in this Act expressly so directed, to the
approval or sanction of the Corporation or the Standing Committee and
subject also to all other restrictions, limitations and conditions imposed by
this Act, the entire executive power for the purpose of carrying out the
provisions of this Act vests in the Commissioner
etc.
318. Section 68 lays down that—(1) Any of the powers, duties or func-
tions conferred or imposed upon the Commissioner by any of the sections, sub-
sections or clauses mentioned in sub-sestioii (2) may be exercised, performed or
discharged, under the Commissioner's control and subject to his revision and to
such conditions and limitations, if any, as he shall think fit to prescribe, by any
municipal officer whom the Commissioner generally or specially empowers in
writing in this behalf; and in each of the said sections, sub-sections and clauses
the word " Commissioner " shall, to the extent to which any municipal officer
is so empowered, be deemed to include such officer.
It is important to note that, among the list of sections, sub-sections, and
clauses referred to in sub-section (4?) of the above section 68, sections 374, 377,
488 and 489 are included, but section 381, which is the most important one in
the Act from the point of view of mosquito prevention, is excluded.
319. Provisions as to storage cisterns and other fittings, etc., to be used
for connections with water-works are laid down in section 274:, of which
subsection (i) reads as follows.:—
" The Commissioner may, whenever it shall appear to him to be
" necessary, by written notice require that any premises furnished with a
" private water-supply from any municipal water-work shall, within a reason-
"able period, which shall be prescribed in the said notice, be provided with
" a storage-cistern of such size, material, quality and description, and with
" such fittings and placed in such position as he thinks fit."
320. Section 279 gives power to the Commissioner with the sanction of
the Standing Committee to cut off private water supply or to turn off water if
the owner neglects to comply with a notice regarding the provision of a
storage cistern.
£21. Section 374 which gives power to inspect premises for sanitary
purposes reads as follows :—
" The Commissioner may inspect any building or other premises for
the purpose of ascertaining the sanitary condition thereof."
322. But "Power of Entry" is laid down definitely in section 488
as follows:—
Section 488.—The Commissioner may enter into or open any building
or land, with or without assistants or workmen, in order to make any
inspection or survey or to execute any work which is authorized by this
Act or by any regulation or by-law framed under this Act to be made or
executed, or which it is necessary for any of the purposes, or in pursuance
of any of the provisions, of this Act or of any such regulation or by-law,
to make or execute :
Provided that—
(a) except when it is in this Act otherwise expressly provided
no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act otherwise expressly provided, no
building which is used as a human dwelling shall be so entered,
unless with the consent of the occupier thereof, without giving the
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