NationalLibraryOfScotland/medical-history-of-british-india huggingface dataset:
148
Regulations under the Epidemic Diseases Act. [ APP. IV.
be adapted to the sanitary requirements of a dwelling, or is other-
wise permanently unfit for human habitation, or if its existence is a
source of danger, the Commissioner may demolish the same or any
part thereof.
Valuation.
Prior to any such building being demolished, the Commissioner
shall cause the same, or such part thereof as he may think necessary
to demolish, to be surveyed, and its value at the time to be assessed
by such person as Government may, by name or by virtue of office,
appoint for that purpose, and shall by written notice affixed on some
conspicuous part of such building intimate the date (not being less than
seven days from the date of such notice) and the hour at which the
building will be surveyed and assessed as aforesaid, and the work
of demolition shall not be commenced until the building or portion
thereof has been surveyed and the value so assessed. The valuation
oí such building by such officer shall be final and conclusive and the
owner shall be entitled to receive the amount thereof which shall be
provided out of the Municipal fund, but he shall not be entitled to
receive any further or other sum by way of compensation.
Effect on own-
ership of land.
Subject to the powers of the Municipal Commissioner under sec-
tions 297, 298, and 299 of the Municipal Act aforesaid to acquire any
portion of the site for the widening or improvement of any street
any such demolition as aforesaid shall not affect the ownership of
the land, nor shall it confer on any Fazindar or other superior owner
any right which he would not have had, if such demolition had not
taken place, in regard to resuming possession or otherwise.
Building
materials.
The materials of any building or part of a building demolished as
aforesaid shall be the property of the Municipality and shall be ''remov-
ed and disposed of, or, if necessary, destroyed by the Commissioner.
Rule of assess-
ment.
In assessing the value of any building regard shall be had only
to the then actual market value of the structure, and no allowance
shall be made, nor shall any compensation be paid, for compulsory
demolition or otherwise.
* Notification
No. 4691—3120
P., dated 3oth
August 1897.
*IX-A.—In the event of the assessors being unable to complete
the surveys and valuations of the houses at the hour and on the date '
for which notices have been issued, they shall have power to arrange
with the owners of the buildings concerned to complete them on
some subsequent date or dates convenient to both parties, without
further reference to the Municipal Commissioner.
Saving clause.
X.—The provisions of this Notification are not intended to, and
shall not, operate to limit in any way any powers which the, Com-
missioner may possess independently of the powers hereby con-
ferered.
APP. IV.] Regulations under the Epidemic Diseases Act.
149
Inspection of persons entering Bombay.
No. 15.
Resolution No. 1108—595-P., dated the 2nd March 1897.
Letter from the Municipal Commissioner for the City of Bombay,
No. 24588, dated the 18th February 1897—
Represents the necessity for preventing the ingress of persons
suffering from or infected with bubonic plague into the limits of
Bombay as far as possible and for checking the ingress of emaciated
or sickly persons from the Deccan districts into the urban area.
Letter from the Municipal Commissioner for the City of Bombay,
No. 25123, dated the 23rd February 1897.
Forwards, for such action as may be deemed fit, copy of the follow-
ing letter No. 42078, dated l6th February 1897, from the Health
Officer, Bombay Municipality :—
"With reference to Government Resolution in the General
Department, No. 592, dated the 3rd idem, relative to the
imposition of quarantine at Karachi against arrivals from
Bombay, I have the honour to suggest that Government be
addressed on the subject of having a rigorous examination
of all passengers coming to Bombay from Karachi and Coast
ports, north and south. I understand that a large number
of persons have returned to Bombay from Veraval on
account of the scarcity there, and as time goes on there
must be many returning from the surrounding districts
driven out by scarcity or poverty."
Letter from the Municipal Commissioner for the City of Bombay,
No. 25542, dated the 27th February 1897—
Forwards copy of the following letter No. 43097, dated 25th
February 1897, from the Health Officer, Bombay Municipality; and
requests that the question may be disposed of as soon as practic-
able :—
" In continuation of this office letter No. 41507 of loth instant,
I have the honour to earnestly urge the immediate ex-
tension of the system of medical examination to all
persons coming to Bombay. I hear that a large number of
people are coming in from Gujarat."
Letter from Surgeon-Major A. W. F. Street, D.S.O., I.M.S., on
special duty, No. 16, dated the 27th February 1897—
Suggests that steps should be taken to prevent persons suffering
from plague being brought into Bombay.
150
Regulations under the Epidemic Diseases Act. [A PP. IV.
inspection of
persons entering
Bombay by rail,
sea or road.
RESOLUTION.—The Governor in Council will be prepared to
sanction, if necessary, a rule under Act III of 1897, prescribing, as
a temporary regulation, that nobody shall be allowed to enter Bom-
bay, by rail, sea or road, without submitting to medical inspection
and, if necessary, detention under observation if suspected to be
suffering from plague, or removal to a hospital if found to be
suffering from that disease. This rule cannot be made, however,
until an adequate inspecting staff has been provided. The Munici-
pal Commissioner should, without delay, make arrangements for
such a staff, the cost of which—the Governor in Council is pleased
to direct under section 2 (i) of the Act—shall be borne by the
Bombay Municipality.
Constitution of a Plague Committee for the City of Bombay.
Notification No. 1204—702-P., dated the 5th March 1897.
In exercise of the powers conferred by sub-section (i) of section
2 of the Epidemic Diseases Act, 1897, and 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 direct as follows :—
Constitution of
Committee.
i. The following gentlemen are constituted a Committee for
the purpose of carrying out, under the orders of Govern-
ment, the measures to be taken to suppress, and prevent
the spread of, bubonic plague in the City of Bombay :—
(0)
(2)
(3)
(4)
Brigadier-General W. F. Gatacre,
C.B., D.S.O.
Mr. P. C. H. Snow, I.C.S., Barrister-
at-Law, Municipal Commissioner,
Bombay Municipality.
Surgeon-Major H. P. Dimmock,
M.R.C.S., L.R.C.P.
Mr. C. C. James, A.M.I.C.E.
Chairman.
Members.
Powers vested
in Committee.
2. The Committee are invested with all the powers conferred on
or vested in the Municipal Commissioner for the City of
Bombay by sections 422, 423, 424, 425, 426, 427 and 429
of the City of Bombay Municipal Act, 1888, and by the
Notification of the Municipal Commissioner, dated the 6th
October 1896, and by the Notification No. 228-P. of the
Governor of Bombay in Council, dated the l0th February
1897, and the Committee are empowered to take any of
the measures authorized by the said sections and Notifi-
cations.
APP. IV. ] Regulations under the Epidemic Diseases Act,
151
Municipal
Corporation to
carry into effect
measures ordered
by Committee.
3. The Municipal Corporation of the City of Bombay, and all the
officers and servants of the Corporation, and all public
servants and all persons employed by the Committee shall
carry into effect, without delay, any measures which may
be ordered by the Committee.
Incidence of
expenditure.
4, All expenses incurred m carrying out such measures shall,
in the first instance, be paid out of the municipal Fund of
the City of Bombay, but the Municipal Commissioner or
the Corporation may recover from any person any amount
which such person would, under similar circumstances,
be liable to pay to the Municipal Commissioner or the
Corporation under the City of Bombay Municipal Act,
1888.
Commissioner
of Police to
assist.
5. On the requisition of the Committee, the Commissioner of
Police shall give such assistance as may be necessary in
order to enforce immediate compliance with any order
of the Committee.
Notification No.
1038-A.—1107-
A. P., dated the
23rd March 1897.
Segregation of
inmates of in-
fected buildings.
6. If the Committee have reason to believe that any building
is or has recently been occupied by a sufferer from the
plague or that any death which has not been certified
by a Medical Officer holding Her Majesty's Commis-
sion, or some other Medical Officer empowered by
the Committee to certify in this behalf, to be due to
some other cause than plague, has occurred in any
building, the Committee may cause the inmates of
such building to be segregated in such place as they
may appoint for that purpose for a period not exceeding
ten days.
No. 17,
1 Closure of the Grant Road Mahomedan Burial-ground.
Notification No. 2112—1575-P., dated the 21st April 1897.
Whereas the City of Bombay is visited by an attack of dangerous
epidemic disease, namely, bubonic plague ; and whereas the Governor
of Bombay in Council is of opinion that the ordinary provisions of
the law for the time being in force are insufficient for the purpose of
preventing the spread thereof : pursuant to the provisions of section
2, sub-section I, 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 Govern-
or of Bombay in Council is pleased to direct that the Mahomedan
burial ground situate at Grant Road within the City of Bombay (con-
152
Regulations
under the Epidemic Diseases Act. [ APP. IV.
taining by admeasurement 17,870 square yards or thereabouts and
bounded as follows : on the north partly by land, the property of Gov-
ernment, and partly by the Kamatipura Municipal Milch Cattle
Stable, on the south by the Grant Road, on the east by Trimbuck
Parashram Street, and on the west by Cursetji Suklaji Street) shall
on and after the ßoth day of April 1897 be no longer used for the
disposal of the dead until further notice.
Closure of certain causeways at night.
No. 18,
Notification No. 3250—-2402-P., dated the 12th June 1897.
The following Resolution of Government is published :—
''RESOLUTION.—In furtherance of the arrangements for the in-
spection during the monsoon of persons entering or leaving
Bombay, it is found necessary to continue the closure of
the two causeways between Bandra and Mahim and
Kurla and Sion, respectively, and the inspection and, if
necessary, detention of persons crossing those cause-
ways.
The following regulation is therefore issued
under Act III of 1897 :
The Bombay Plague Committee and such plague author-
ities as they may appoint have been empowered
to close the Mahim-Bandra and Sion-Kurla Cause-
ways between the hours of 8 P.M. and 5 A.M.,
and further to examine all persons crossing the
causeways between the hours of 5 A. M. and 8 P.M.,
and, if necessary, to detain and send "to hospitals
or other places appointed for the purpose persons
found or believed to be suffering from the plague.
" 2. This Resolution should be notified in the Bombay Govern-
ment Gazette"
REGULATIONS FOR THE BOMBAY PRESIDENCY IN PARTS
OTHER THAN THE CiTY OF BOMBAY.
General Regulations.
No. 19.
Notification No. 1278—1201-P., dated the 29th March 1897,
The following new edition of general rules under Act III of 1897
is issued in supersession of those in the following Notifications :-—
No. 941—398-P., dated 2oth February 1897.
No. 974—452-P., dated 23rd February 1897.
APP. IV. ] Regulations under the Epidemic Diseases Act.
153
No. 1001—472-P., dated 24th February 1897.
No. 1071—541-P., dated S7th February 1897.
No. 1102—586-P., dated 1st March 1897.
No. 1103—587-P., dated 1st March 1897.
No. 1114—6oi-P., dated 2nd March 1897.
No. 1136—632-P., dated 3rd March 1897.
No. 1195— 686-P., dated 5th March 1897.
No. 1312—795-P., dated l0th March 1857.
No. 1332—822-P., dated l0th March 1897.
No. 1485—942-P., dated l6th March 1897.
No. 1520—974-P., dated 17th March 1897.
No. 1521—977-P., dated l7th March 1897.
No. 1558—1014-P., dated 19th March 1897.
No. 1647—1109-P., dated 24th March 1897.
Preamble.
Whereas certain parts of the Presidency of Bombay are visited ;
by, or threatened with an outbreak of, a dangerous epidemic disease,
namely, bubonic plague, and whereas the Governor of Bombay in
Council is of opinion that the ordinary provisions of the law for the
time being in force are insufficient for the purpose of preventing
the spread thereof in parts other than the City of Bombay ; pursuant
to the provisions of section 2, sub-sections (1) and (2), of the Epide-
mic 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 officers herein below mentioned 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.
Appointment of
Plague authori-
ties.
1. In every local area where there is danger of plague, the Dis-
trict Magistrate, subject to the general instructions of the Commis-
sioner, may appoint special officers, either by name or by virtue
of office, to devise and carry out, under the District Magistrate's
general directions, all measures necessary to prevent the spread of
the plague.
2. The special officers appointed for any local area under these
rules may be known as Plague authorities.
Detention and
inspection of
travellers at Rail-
way Stations and
Bandars to which
no medical officer
has been special-
ly appointed.
3. At any Railway Station or Bandar, to which no medical officer
has been or may be specially appointed for inspection duty under
rules sanctioned by Government concerning the inspection of travel-
lers by rail or boat, any Plague authority who may be present on
duty or other officer or person specially authorised in this behalf by
the District Magistrate, if he reasonably believes or suspects that
any person alighting or disembarking from a train or boat is suffering
from bubonic plague, may detain any such person for the purpose of
b 2o
154
Regulations under the Epidemic Diseases Act. [ APP. IV.
medical examination, and shall (if he be not himself a medical officer
authorised under these rules) without delay give information of the
detention to the nearest medical officer so authorised. Any Station
Master at a railway station where no medical officer has been posted
on inspection duty may forward to the nearest station at which such
a medical officer is posted any person who is or is suspected by him
to be suffering from the plague. Persons entering a train or embark-
ing on a boat shall similarly be liable to inspection and detention
under this rule by the persons and under the circumstances above
mentioned.
Inspection and
detention of per-
sons leaving an
infected area.
4. A Plague authority or any person authorised by a District
Magistrate in this behalf may inspect or cause the inspection of persons
leaving an infected area, and may, if any such person is suffering or
is suspected by him to be suffering from plague, detain or cause the
detention of such person at a place appointed for the purpose or may
forward him or cause him to be forwarded to such place.
Inspection and
detention on
roads leading to
towns and vil-
lages.
5. At any place specially appointed by the District Magistrate
or by any officer empowered by him in this behalf, and situate on a
road leading into a town or village, any Plague authority on duty or
other officer or person specially authorised in this behalf by the District
Magistrate may detain, for the purpose of medical examination, any
person whom he reasonably believes or suspects to be suffering from
the plague, and shall (if he be not himself a medical officer authorised
under these rules) give information of the detention to the nearest
medical officer so authorised. Authority is given to District Magis-
trates to place inspecting officers at posts or roads leading from an
infected town or village or other place in order to prevent the removal
of the sick into healthy towns or villages.
Report of plague
cases in any
town, village, or
other area, and
investigation by
a medical officer.
"Notification No.
1968—1421-P.,
dated the loth
April 1897.
6. In any town or village or other area to which this rule shall be
applied by the District Magistrate, an occupant of a house or building
or the principal surviving member of a family shall give immediate
information to the nearest Plague authority of* (a) any sickness due
or likely to be due to plague, (b] any death, whatever may be the
cause of it. Such Plague authority (if he be not himself a medical
officer) shall without delay send word to the nearest medical officer
holding Her Majesty's Commission or in charge of a Government or
State-aided medical institution, or to a medical officer employed by a
Municipality not lower in grade than a Hospital Assistant, or to any
such medical officer on pension, and such medical officer whether
appointed a Plague authority for the locality or not, shall be bound to
come to the place indicated.
156
Regulations under the Epidemic Diseases Act. [App. IV.
Examination
andsegregation
of persons suffer-
ing or suspected
to be suffering
from plague.
3 g. Every medical officer appointed under these rules as a Plague
authority is empowered to examine all persons whom he discovers or
about whom he receives information under the provisions of Rules 3, 4,
5, 6, or 7, and to detain and segregate persons suffering or suspected
by him to be suffering from the plague, in such places as may be
appointed by the District Magistrate or officer specially deputed by
him in this behalf for the accommodation of such persons respectively.
For the purpose of segregating people the District Magistrate or officer
specially authorised by him in this behalf may take possession of
and occupy any vacant ground or building, such compensation being
afterwards made to the owner or occupier thereof as may be fixed by
a Panch as provided in Rule 15.
Prohibition of
the use of infect-
ed and insani-
tary buildings.
io. If a Plague authority who is specially appointed in this behalf
by the District Magistrate has reason to believe that any building
intended or used as a dwelling is or has been occupied by a sufferer
from the plague, or if it appears to him that any such building is in
such an insanitary condition as to be unfit for human habitation, he
may prohibit by a written order the further use of such building as a
dwelling-house.
When any such prohibition has been made, no owner or occupier of
such building shall use or suffer the same to be used for human habita-
tion until the said officer gives him written permission in this behalf.
For the purpose of enforcing this regulation, the said officer may,
if necessary, forcibly remove or cause to be removed any person from
such building.
Abatement of
overcrowding.
7 ii. If it shall appear to a Plague authority of the description
stated in Rule 10 that any building used as a dwelling is so over-
crowded as to endanger the health of the inmates thereof, he may, by
written order, require the owner or occupier of the building, within a
period to be fixed by the said authority, to abate the overcrowding
thereof by reducing the numbers of inmates thereof.
For the purpose of enforcing this regulation, the said authority
may, if necessary, at the expiration of the time prescribed in the
written order, forcibly remove or cause to be removed such and so
many of the inmates of the building as shall seem to him to be proper.
Cleansing and
disinfection of
infected and
insanitary build-
ings.
9 12. In the case of any building ordered to be vacated under Rules
10 and 11 and in the case of any other building or enclosure which
may appear to him to be in a filthy or insanitary condition, a Plague
authority of the description stated in Rule 10 may require the owner
or occupier to carry out, or in his default may of his own motion
carry out, such measures as may seem necessary to him for the
purpose of cleansing or disinfecting such building or premises, and
APP. IV. ] Regulations under the Epidemie Diseases Act.
157
for the purpose of such cleansing or disinfecting may, if necessary,
forcibly break open and enter any such building or part of such
building or premises, and may remove and disinfect or destroy any
goods, clothes or other articles found therein. The said Plague
authority is empowered to enter any building for the purpose of
ascertaining whether it is in a filthy or insanitary condition. If the
Plague authority considers it necessary, he may, of his own motion,
immediately and without previous notice, carry out such measures
for cleansing and disinfecting as he considers necessary.
Destruction of
infected and in-
sanitary huts.
13. Such Plague authority as aforesaid is empowered with the
consent of any First Class Magistrate having jurisdiction in the,
locality to remove or burn any huts or erections in which a case of
plague has occurred or which are likely from their insanitary sur-
* Notification
Nos. 2867—2164,
dated the 20th
May 1897.
Control of
funeral proces-
sions and regula-
tions for the dis-
posal of corpses.
roundings or conditions to give rise to the disease,* or the destruction
of which appears to him to be necessary to prevent the spread of
the plague.
14. The District Magistrate is empowered to make regulations
when he deems it necessary, for prescribing the route which shall be
taken by a funeral procession from the place of death to the grave-
yard, burning ground or other place for final disposal of the corpse
and the places (if any) at which such procession may halt, on its way,
for funeral prayers, ceremonies or other purposes, for enforcing
burial in certain places or at a certain depth and for requiring that
quicklime be placed with the corpse ; and may prohibit the burial or
burning of corpses of persons reasonably supposed to have died of the
plague in or upon ground other than that specially assigned by him
for such purposes.
Payment of
compensation
for property des-
troyed.
15. Before the destruction of property of special value under Rule
12 or 13 the value of it shall be assessed by a Panch of three persons,
including the President, who shall be an officer appointed by the
District Magistrate by name or by virtue of office and by general
or special order. The President shall appoint the two other members.
Subject to the sanction of the District Magistrate or of any officer
specially empowered by him in this behalf, not being lower in grade
than a First Class Magistrate, the award of the Panch shall be final
and conclusive. A Plague authority is empowered to decide
whether an article which it is proposed to destroy is of sufficient
value for a Panch to be called to assess its value. If he decides it is
not of sufficient value, he may destroy it on the spot, and may in his
discretion pay compensation to the owner : provided, however, that
no person shall be entitled as of right to claim any compensation
whatsoever. It is the desire of Government that Plague authorities
should show liberality and promptness in the exercise of their power