NationalLibraryOfScotland/medical-history-of-british-india huggingface dataset:
138
Regulations tinder the Epidemic Diseases Act, [ APP. IV.
(b) the inspection of persons travelling by railway or otherwise
and the segregation, in hospital, temporary accommodation
or otherwise, of persons suspected by the inspecting officer
of being infected with any such disease.
(3) The Governor General in Council may, by general or special
order, direct that all or any of the powers conferred by this Act may
also be exercised by any Local Government with respect to the
territories administered by it.
Penalty.
3. Any person disobeying any regulation or order made under
this Act shall be deemed to have committed an offence punishable
under section 188 of the Indian Penal Code.
Protection to
persons acting
under Act,
4. No suit or other legal proceeding shall lie" against any person
for anything done or in good faith intended to be done under this
Act.
Notifications conferring Powers under the Epidemic
Diseases Act.
Home Department General Notification conferring powers No. 2.
on Local Governments.
No. 302, dated the 4th February 1897.
Whereas certain parts of India are visited by, and others threat-
ened with, an outbreak of dangerous epidemic disease known as
bubonic plague, the Governor General in Council, in exercise of the
powers conferred by section 2, sub-section (3) of the Epidemic
Diseases Act, 1897, is pleased to direct that the powers conferred by
the said Act may be exercised by Local Governments with regard to
their respective territories as follows :—
(a) all the said powers by the Governors of Fort St. George
and Bombay in Council, the Lieutenant-Governor of Bengal
and Chief Commissioner of Burma ;
(¿) the powers conferred by section 2, sub-section (i), and sub-
section (2), clause (b), by the Lieutenant-Governor of the
North-Western Provinces and Chief Commissioner of, Oudh,
the Lieutenant-Governor of the Punjab and the Chief Com-
missioner of the Central Provinces ; and
(c) the powers conferred by sectio'h (2), sub-section 2, clause (b)
by the Chief Commissioners of Assam, Coorg, and British
Baluchistan.
APP. IV.] Regulations under the Epidemic Diseases Act.
139
No. 3. Home Department Notifications conferring powers in Ajmere-
Mertvara under the travellers' inspection clause, and
the general sub-section.
No. 510, dated the i6th February 1897.
Whereas certain parts of India visited by, and others threatened
with, an outbreak of dangerous epidemic disease known as bubonic
plauge, the Governor General in Councial, in exercise of the powers,
conferred by section 2, sub-section (3) of the Epidemic Diseases Act,
1897, is pleased to direct that the powers conferred by section 2,
sub-section (2), clause (b) of the said Act may be exercised with
regard to Ajmere-Merwara by the Chief Commissioner of Ajmere-
Merwara.
No. 4.
No. 834, dated the 6th March 1897.
Whereas certain parts of India are visited by, and others threat-
ened with, an outbreak of dangerous epidemic disease known as
bubonic plague, the Governor General in Council, in exercise of the
powers conferred by section 2, sub-section (3) of the Epidemic
Diseases Act, 1897, is pleased to direct that the powers conferred by
section 2, sub-section (1) of the said Act may be exercised with
regard to Ajmere-Merwara by the Chief Commissioner of Ajmere-
Merwara.
No. 5. Foreign Department Notification extending the Epidemic
Diseases Act to territories which are under the adminis-
tration of the Governor General in Council, but are not
in British India.
No. 443-I.A., dated the 4th February 1897.
Whereas certain parts of India are visited by, and others threat-
ened with, an outbreak of dangerous epidemic disease known as
bubonic plague, the Governor General in Council is pleased to apply
the Epidemic Diseases Act, 1897, to all territories in India which
are under the administration of the Governor General in Council,,
but are not part of British India, including the territories for the
time being administered by the Agent to the Governor General in
Baluchistan as such Agent, and including also all lands which are
or may hereafter be, occupied by railways, and in which the Gover-
nor General in Council has or exercises jurisdiction.
2. For the purposes of the said enactment so applied the expres-
sion "Local Government" shall be construed to mean the person
140
Regulations under the Epidemic Diseases Act. [ APP. IV.
who for the time being administers executive government in the
territories concerned.
Foreign Department Notification conferring powers under No, 6.
the travellers' inspection clause in the territories men-
tioned in the preceding Notification.
No. 444-I. A., dated the 4th February 1897.
Whereas certain parts of India are visited by, and others threat-
ened with, an outbreak of dangerous epidemic disease known as
bubonic plague, the Governor General in Council, in exercise of the
powers conferred by section 2, sub-section (3) of the Epidemic
Diseases Act, 1897, as applied by the Notification of the Government
of India in the Foreign Department, No. 443-I.A,, dated the 4th
February, 1897, to all territories in India which are under the
administration of the Governor General in Council, but are not part
of British India, including all railway lands and the territories for
the time being administered by the Agent to the Governor General
in Baluchistan as such Agent, is pleased to direct that the powers
conferred by section 2, sub-section (2), clause (b) of the said Act as
so applied, may be exercised by the Local Government in each case.
Foreign Department Notification conferring powers under No. 7.
the general sub-section in the Civil and Military Station
of Bangalore.
No 567-I.A., dated the I2th February 1897.
Whereas the Epidemic Diseases Act (III of 1897) has been ap-
plied to, amongst other places, the Civil and Military Station of
Bangalore by the Notification of the Government of India in the
Foreign Department, No. 443-I.A., dated the 4th February 1897.
In exercise of the powers conferred by section 2, sub-section (3),
of the said Act as so applied, the Governor General in Council is
pleased to direct that all the powers conferred by section 2, sub-
section (i), thereof may be exercised by the Local Government.
Foreign Department Notification conferring powers on the NO. 8.
Agent to the Governor General in Baluchistan under the
general sub-section.
No. 809-I.A., dated the 1st March 1897,
Whereas the Epidemic Diseases Act (III of 1897) has been ap-
plied to, amongst other places, the territories for the time being admin-
APP. IV. ] Regulations under the Epidemic Diseases Act.
141
istered by the Agent to the Governor General in Baluchistan as such
Agent, by the Notification of the Government of India in the Foreign
Department, No. 443-I.A., dated the 4th February 1897.
In exercise of the powers conferred by section 2, sub-section (3),
of the said Act as so applied, the Governor General in Council is
pleased to direct that all the powers conferred by section 2, sub-
section (i), thereof may be exercised by the Local Government.
No. 9. Foreign Department Notification conferring powers under
the general suit-section in the Hyderabad Residency
Bazaars, the Cantonment of Sec under abad, the Stations
of the Hyderabad Contingent, and the Hyderabad As-
signed Districts.
No. 1232-I.A., dated the 3rd April 1897.
Whereas the Epidemic Diseases Act (III of 1897) has been applied
to, amongst other places, the Hyderabad Residency Bazaars, the Can-
tonment of Secunderabad, the Stations of the Hyderabad Contingent,
and the Hyderabad Assigned Districts, by the notification of the
Government of India in the Foreign Department, No. 443-I.A., dated
the 4th February 1897.
In exercise of the powers conferred by section 2, sub-section (3),
of the said Act as so applied, the Governor General in Council is
pleased to direct that all the powers conferred by section 2, sub-
section (i), thereof may be exercised by the Local Government.
No. lo. Foreign Department Notification conferring powers under
the general sub-section in the Cantonments of Mhow,
Neemuch, and Nowgong.
"No. 1421-I.A., dated the I5th April, 1897.
Whereas the Epidemic Diseases Act (III of 1897) has been ap-
plied to, amongst other places, the Cantonments of Mhow, Neemuch,
and Nowgong, by the Notification of the Government of India in
the Foreign Department, No. 443-I. A., dated the 4th February 1897.
In exercise of the powers conferred by section 2, sub-section (3),
of the said Act as so applied, the Governor General in Council is
pleased to direct that all the powers conferred by section 2, sub-
section (i), thereof may be exercised by the Local Government.
142
Regulations under the Epidemic Diseases Act. [ APP. IV.
Enactments against Plague in Native States,
MYSORE.
No. II.
Regulation No. 11 of 1897
(Passed on the nth day of February 1897.)
A Regulation to provide for the prevention of the outbreak or
spread of dangerous epidemic disease.
Preamble.
Whereas it is expedient to provide for the prevention of the out-
break or spread of dangerous epidemic disease in Mysore, Her
Highness the Maharani Regent is pleased to enact as follows :—
Title.
I. (i) This Regulation may be called "The Epidemic Diseases
Regulation, 1897."
Extent.
(ii) It extends to the whole of the Territories of Mysore ; and
(iii) It shall come into force at once.
Commencement.
2. (i) When at any time the Government of Mysore is satisfied
that Mysore or any part thereof is visited by, or threatened with, an
outbreak of any dangerous epidemic disease, the said Government, if
it thinks that the ordinary provisions of the law for the time being in
force are insufficient for the purpose, may take such measures and, by
public notice, prescribe such temporary regulations to be observed by
the public or by any person or class of persons, as it shall deem
necessary to prevent the outbreak of such disease or the spread
thereof, and may determine in what manner and by whom any
expenses incurred (including compensation, if any) shall be defrayed,
(ii) The Government of Mysore may require or empower any
person to take such measures as he shall deem necessary
to prevent the outbreak of such disease or the spread
thereof.
(iii) In particular, and without prejudice to the generality of the
foregoing provisions, the Government of Mysore may take
measures and prescribe regulations for the inspection of
persons travelling by railway or otherwise, and the segre-
gation, in hospital, temporary accommodation or otherwise,
of persons suspected by the inspecting officer of being
infected with any such disease.
3. Any person disobeying any regulation or order made under
this Regulation shall be deemed to have committed an offence punish-
able under section 188 of the Indian Penal Code.
4. No suit or other legal proceeding shall lie against any person
for anything done, or in good faith intended to be done, under this
Regulation,
APP. IV. i Regulations under the Epidemic Diseases Act.
143
No. 12.
TRAVANCORE.
Regulation I of 1072.
A regulation to provide for the better prevention of the outbreak
or spread of dangerous epidemic disease passed by His Highness
the Maharaja of Travancore on the 24th February, 1857, correspond-
ing with the 14th Kumbhum 1072, under section 10 of Regulation II
of 1063.
Whereas it is expedient to provide for the better prevention of
the outbreak and spread of dangerous epidemic disease ; It is hereby
enacted as follows :—
Short title.
I. This Regulation may be called the Epidemic Diseases Regu-
lation of 1072 and shall come into force at once.
Power to take
special measures
and prescribe
rules.
2. Our Government may, on being satisfied that any part of
Travancore is visited by, or threatened with, an outbreak
of any dangerous epidemic disease, or that there is risk
of any such disease being imported into any part of
Travancore, take such measures and, by public notice,
prescribe such temporary rules to be observed by the
public or by any person or class of persons, as may be
deemed necessary to prevent the outbreak or the spread
of such disease or the importation thereof, and may deter-
mine in what manner and by whom any expenses incur-
red (including compensation if any) shall be defrayed.
3. Any person disobeying any rule or order made under this
Regulation shall be deemed to have committed an offence
punishable under section 188 of the Penal Code.
Penalty
4. No suit or other legal proceeding shall lie against any per-
son for anything done or in good faith intended to be done
under this Regulation.
Protection to
persons acting
under Regula-
tion.
No. 13.
COCHIN.
Regulation I of 1072
(Passed by His Highness the Raja of Cochin on the 24th day of Kumbhum l072,
corresponding with the 6th day of March 1897.)
A Regulation to provide for the better prevention of the spread of
Dangerous Epidemic Disease.
Whereas it is expedient to provide for the better prevention of the
spread of dangerous epidemic disease ; It is hereby enacted as
follows :-
Re- Short title, ex.
tent and com-
mencement.
i. (1) This Regulation may be called the Epidemic Disease
gulation, I of 1072,
144
Regulations under the Epidemic Diseases Act. [ APP. IV.
(2) It extends to the whole of Cochin State.
(3) It shall come into force at once.
Power to take
special measures
and prescribe
Regulations as
to dangerous
epidemic disease.
2. (i) When at any time the Dewan is satisfied that the Cochin
State or any part thereof is visited by, or threatened with, an outbreak
of any dangerous epidemic disease, the Dewan, if he thinks that the
ordinary provisions of the law for the time being in force are insuffi-
cient for the purpose, may take or require or empower any person to
take such measures and, by public notice, prescribe such temporary
regulations to be observed by the public or by any person or class of
persons as he shall deem necessary to prevent the outbreak of such
disease or the spread thereof, and may determine in what manner
and by whom any expenses incurred (including compensation if any)
shall be defrayed.
(2) In particular and without prejudice to the generality of the
foregoing provisions, the Dewan may take measures and prescribe re-
gulations for—
(a) the inspection of any ship or vessel leaving, or arriving at,
any port in Cochin and such detention thereof, or of
any person intending to sail therein, or arriving thereby,
as may be necessary ; and
(b) the inspection of persons travelling by railway or otherwise
and the segregation, in hospital, temporary accommoda-
tion or otherwise, of persons suspected by the inspecting
officer of being infected with anv such disease.
Penalty.
3. Any person disobeying any rule or order made under this Re-
gulation shall be deemed to have committed an offence punishable
under section 174 of the Cochin Penal Code (Regulation I of 1859).
Protection" to
persons acting
under Regula-
tion.
4. No suit or other legal proceeding shall lie against any person
for anything done or in good faith intended to be done under this
Regulation.
Regulations issued by the Government of Bombay.
REGULATIONS FOR THE CITY OF BOMBAY.
General Regulations.
Notification No. 228-P., dated the loth February 1897.
No. 14.
Preamble,
Whereas the City of Bombay is visited by an attack of a
dangerous epidemic disease, namely, bubonic plague, and where-
as the Governor of Bombay m Council is of opinion that the ordinary
provisions oí the law for the time being in force are insufficient for
APP. IV. ] Regulations under- the Epidemic Diseases Act.
145
the purpose of preventing the spread thereof ; pursuant to the pro-
visions of section 2, sub-section 1, of the Epidemic Diseases Act,
1897, and in exercise of the powers in this behalf conferred by the
Governor-General in Council under section 2, sub-section 3, of the
same Act, the Governor of Bombay in Council is pleased to empower
the Municipal Commissioner for the City of Bombay to take the
measures hereinafter specified to prevent the spread of bubonic
plague, and is further pleased to prescribe the temporary regulations
hereinafter set forth to be observed by the public and all persons
concerned:-
Abatement of
overcrowding.
I.—If for any reason it shall appear to the Commissioner that
any building intended for or used as a dwelling is unfit for human
habitation, he may, of his own motion, prohibit by a written order
the further use of such building as a dwelling, and cause notice
of such prohibition to be affixed to the door of, or on some con-
spicuous part of, such building.
As a temporary regulation, it is hereby prescribed that when any
such prohibition has been made, no owner or occupier of such build-
ing shall use or suffer the same to be used for human habitation until
the Commissioner certifies in writing that the causes rendering it
unfit for human habitation have been removed to his satisfaction.
For the purpose of enforcing and carrying into effect the said
regulation, the Commissioner or any Police or other officer acting in
co-operation with or under the orders of the Commissioner may, if
necessary, forcibly remove any person from such building and may
prevent the re-occupation thereof until such time as the Commis«
sioner shall have certified as aforesaid.
Insanitary
buildings.
II.— If it shall appear to the Commissioner that any building
used as a dwelling is so overcrowded as to endanger the health of the
inmates thereof, he may, of his own motion, by written order require
the owner of the building, within a time not exceeding seven days
to be prescribed in the said order, to abate the overcrowding thereof
by reducing the number of lodgers, tenants or other inmates of the
said building. As a temporary regulation it is hereby prescribed
that the provisions of sub-sections (2) and (3) of section 379 of the
City of Bombay Municipal Act, 1888, shall (mutatis mutandis)
apply in the case of any such requisition by the Commissioner in
the same manner and to the same extent in all respects as if such
requisition had been made by the Chief Presidency Magistrate
under the provisions of sub-section (i) of the same section.
For the purpose of enforcing and carrying into effect the said
regulation, the Commissioner or any Police or other officer as afore-
said may, if necessary, at the expiration of the time prescribed in the
b 19
146
Regulations under the Epidemic Diseases Act, [App. IV.
Commissioner's order, require such and so many of the inmates of
the building as the Commissioner may direct, to forthwith
vacate the said premises, and such inmates as are so required
shall forthwith vacate accordingly, or, if they fail to do so, the Com-
missioner or any Police or other officer as aforesaid may forcibly
remove them and prevent their re-occupation of such building.
Vacation of
buildings for
cleansing, disin-
fecting or other
purposes.
III.—If the Commissioner shall be of opinion that it is necessary
that any building or premises be vacated for the purpose of cleansing
or disinfecting or otherwise for the purpose of checking the spread
of disease, he may, by the written notice mentioned in Section 425
of the Municipal Act aforesaid, require the owner or occupier of such
building to vacate the same within such time as shall be prescribed
in the said notice.
As a temporary regulation it is hereby prescribed that when any
such requisition has been made, every inmate or occupier of the
building shall, within the time so prescribed, vacate such building
and remove his property and effects and any animals therefrom.
For the purpose of enforcing and carrying into effect the said
regulation, the Commissioner or any Police or other officer as afore-
said may, if necessary, after the expiration of such time forcibly
remove any person and any property or animal or thing from such
building, and may prevent the re-occupation of such building or any
part thereof for so long as the Commissioner may deem necessary.
Opening,
cleansing and
disinfecting of
deserted build-
ings and treat-
ment of pro-
perty found in
them.
IV.—If and whenever any building or part of a building which
has been vacated or deserted by the inmates thereof is found to be
fastened or locked up, the Commissioner may, by a written notice
affixed on the door, require that such building or part of a building
be opened and that all property (if any) therein be removed there-
from within such time, not being less than 24 hours, as may be pres-
cribed in such notice, and at the expiration of the time so prescribed
the Commissioner or any Police or other officer as aforesaid may
forcibly break open and enter any such building or part of a building
and cleanse, disinfect and ventilate the same and remove and dis-
infect or destroy any grain, bedding or clothing or any other
goods or articles found therein and may forcibly prevent the re-
occupation of such building or part of a building for so long as the
Commissioner may deem necessary.
Commis-
sioner may
cleanse and dis»
infect buildings
and disinfect or
destroy property
V.—For the purpose of preventing the spread of disease, and for
carrying into effect any of the measures contemplated by section
425 of the Municipal Act aforesaid, the Commissioner may, without
any such previous notice of requisition to the owner or occupier of a
building as in the said last mentioned section provided, himself
cause such building or any part thereof to be cleansed or disinfected
APP. IV.] Regulations under the Epidemic Diseases Act.
14
and any article found therein to be removed, disinfected or des
troyed.
Meaning of
cleansing and
disinfecting.
VI.—The operation of cleansing or disinfecting a building within
the meaning of this Notification shall be deemed to include not only
the cleansing and limewashing of such building, but also, if deemed
necessary, the removal of the earth or soil of the ground floor thereof
to a depth of four inches, the removal of the whole or any part of
the roof thereof, the removal of floors, the burning of kerosine oil
or any other substance thereon, or any other measure whatever.
Incidence of
expenditura.
The expense of carrying into effect any of the measures hereby
authorized for cleansing or disinfecting a building shall, in the first
instance, be defrayed by the Commissioner out of the Municipal
Fund, but shall, at his discretion, be recoverable from the owner or
occupier of such building under the ordinary provisions of the
Municipal Act aforesaid, in the same manner, in all respects, as if
the work had been done after notice and after failure to comply
with notice within the meaning of section 489 of the same Act.
Compensation.
VII.—Save such compensation, if any, as the Commissioner may,
in his discretion, allow under sub-section (4) of section 427 of the
Municipal Act aforesaid, no person shall be entitled to recover any
compensation by way of damages or otherwise for the destruction
or disinfection of any article removed or dealt with as hereinbefore
provided.
Charge of
property.
The owner of any moveable property in any building dealt with
under the powers hereby conferred shall be responsible for taking
charge of such property at the time when any action is taken under
such powers, or, in the case of an article requiring disinfection, so
soon as the same has been disinfected, and in default of his so doing
the officer in charge of the operations may cause such property to be
placed wherever he may think fit, and neither the owner nor any
person interested therein shall have any claim for compensation,
damages or otherwise in respect of loss of or damage to such pro-
perty, however caused, during the removal thereof or at any time
thereafter.
Cutting off oí
water-connec-
tion.
VIII.—If the Commissioner shall be of opinion that any water-
connection inside any building is, or is likely to be, detrimental to
the health of persons residing therein or in the neighbourhood there-
of, he may, after causing a stand-pipe or. other sufficient means for
the supply of water to be provided outside such building cause the
water-connection with the interior of such building to be cut off,
Demolition of
buildings.
IX.—If in the opinion of the Commissioner any building (not
being a hut or shed) which has been vacated, or which has been
dealt with, under any of the provisions of this Notification, cannot