NationalLibraryOfScotland/medical-history-of-british-india huggingface dataset:
THE MADRAS PLAGUE EEGULATIONS AND BULES
FOE THE INSPECTION OP INWAED AND OUT-
WAED BOUND VESSELS,
(1)—EPIDEMIC DISEASES ACT (III OF 1897).
An Act 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 :—
short title, extent and 1. (1) This Act may be called the
commencement.
Epidemic Diseases Act, 1897 ;
(2) It extends to the whole of British India (inclusive
of Upper Burma, British Baluchistan, the Santal Parganas
and the Pargana of Spiti) ; and
(3) It shall come into force at once.
2. (1) When at any time the Governor-General in Council
is satisfied that India or any part
Power to take special
measures and prescribe thereof is visited by, or threatened with,
regulations as to dangerous an outbreak of any dangerous epidemic
epidemic
disease.
disease, the Governor-General in:Council,
if he thinks that the ordinary provisions of the law for the
time being in force are insufficient 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 com-
pensation if any) shall be defrayed.
(2) In particular and without prejudice to the gener-
ality of the foregoing provisions, the Governor-General in
Council may take measures and prescribe Regulations for—
(a) the inspection of any ship or vessel leaving, or
arriving at, any port in British India and such
detention thereof, or of any person intending
to sail therein, or arriving thereby, as may be
necessary ; and
6
[Epidemic Diseases Act.
(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.
3. Any person disobeying any regulation or order made
Penalty.
under this Act shall be deemed to have
committed an offence punishable under
section 188 of the Indian Penal Code.
XLV
1860.
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.
7
(2)—NOTIFICATION OF THE GOVERNMENT OF INDIA, HOME
DEPARTMENT, CONFERRING POWERS ON LOCAL GOVERN-
MENTS (No. 2256, SANITARY—PLAGUE, DATED THE 22ND
DECEMBER 1906).
WHEREAS certain parts of India are visited by, and others
threatened with, an outbreak of dangerous epidemic disease
known as plague, the Governor-General in Council, in exercise
of the powers conferred by section 2, sub-section (3) of the
Epidemic Diseases Act, 1897 (III of 1897), is pleased to
direct that the powers conferred by the said Act may be
exercised, to prevent the outbreak of plague or the spread
thereof, by local Governments and Administrations 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-Governors of
Bengal, Eastern Bengal and Assam and Burma;
(5) the powers conferred by section 2, sub-section (1)
and sub-section (2), clause (b), by the Lieutenant-Governors
of the United Provinces and the Punjab, and the Chief
Commissioners of the Central Provinces, the North-West
Frontier Province, Coorg; British Baluchistan and Ajmer-
Merwara.
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#
#
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8
(3)— REGULATIONS FOR THE INSPECTION OF INWARD-BOUND
VESSELS UNDER THE EPIDEMIC DISEASES ACT, 1897.
Notification No. 72, published on pages 1119-1122 of Part I
of the Fort St. George Gazette, dated llth June 1901.
IN exercise of the powers delegated to him by the Governor-
General in Council under section 2, sub-section (3), of the
Epidemic Diseases Act, 1897 (III of 1897), His Excellency
the Governor in Council is pleased to prescribe, under the said
Epidemic Diseases Act, the following temporary regulations
to be observed in all ports of the Madras presidency. These
regulations will supersede those now in force and which are
published on pages 1117 to 1119, Part I of the Fort St. George
Gazette of the 31st August 1897 :—
1. In these regulations—
(1) " Vessel " includes anything made for the convey-
ance by water of human beings or of property.
(2) " Port officer " includes any person acting under
the authority of Government in charge of port
discipline.
(3) " Master " when used in relation to any vessel,
means any person (except a pilot or harbour
master) having for the time being the charge
or control of the vessel.
(4) " Sanitary authority" means, as regards the port
of Madras, the President of the Municipal
Commission and, as regards other ports, the
Collector of the district in which the port is
situated. The jurisdiction of every sanitary
authority shall, for the purposes of these regu-
lations, extend to seaward for a distance of
three miles beyond low water mark on all parts
of the coast line bounding the area ordinarily
under its jurisdiction.
(5) " Port health officer " includes any duly qualified
medical practitioner appointed by a sanitary
authority or by the local government to act
in the execution of these regulations.
(6) " Observation " means segregation either on
board a vessel, or in an isolation camp or other
place.
(7) " Surveillance " means that the persons subjected
to it will not be isolated ; they will at once
9
Inward-bound regulation 2.]
obtain free pratique, but will be kept under
medical supervision.
(8) "Infected vessel" shall mean a vessel which has
on board a case of plague or of illness in
respect of which reasonable grounds exist for
believing it to be a case of plague, or on board
which there has been a case of plague or of
illness reasonably suspected to be plague
during the twelve days immediately preceding
her arrival,
(9) " Suspected vessel " shall mean a vessel on which
there has been, at the time of departure or
during the voyage, a case of plague or of ill-
ness in respect of which reasonable grounds
exist for believing it to be a case of plague,
but on which there has been no case of plague
or of illness reasonably suspected to be plague
during the twelve days immediately preceding
her arrival.
(10) " Healthy vessel " shall mean a vessel which has
come from, or which during the voyage has
touched at, an infected port, but which has
had no death or case of plague or of illness in
respect of which reasonable grounds exist for
believing it to be a case of plague, on board,
either before departure, during the voyage, or
on arrival.
2. The master of every "infected," " suspected," or
" healthy " vessel or of every vessel which has been in com-
munication otherwise than orally or by signal with a vessel
from an infected port, shall, when within three miles of the
coast or any part of the Madras presidency, cause to be hoisted
at the foremast head the commercial code flag Q being a yellow
flag, and shall keep the same displayed during the whole
time between sunrise and sunset. If any vessel be infected
in the sense of regulation 1 (8), the master shall also hoist
the commercial code flag R below the yellow flag Q. Any
such vessel arriving at a port after dark shall hoist on
coming to an anchor one white light at the foremast head
and one red light at the mainmast head.
3. The master of any such vessel shall, before arriving
at an anchorage, pump out the bilge water, if possible after
disinfection, and pass fresh sea water over the parts that have
been in contact with the bilge water. The bilge water shall
not be discharged within port limits.
2
10
[Inward-bound regulation 4.
No tindal or other person in charge of, or navigating, any
registered boat shall attempt to make such boat fast to, or
shall take it alongside of, a vessel detained under these regu-
lations or coming from an infected port, until such vessel has
been granted pratique by the health officer of the port.
4. The port officer, on the arrival of any vessel displaying
the flag or flags or light or lights aforesaid, or if he ascertains
from the master of such vessel, or otherwise has reason to
believe that the vessel is " infected," " suspected," or
"healthy" shall detain such vessel, and order the master
forthwith to moor or anchor the same in such place as may
be fixed by him; and the master shall moor or anchor
accordingly. Provided that in the case of any vessel which has
not communicated with the shore, the master, if he objects
to submit to the obligations imposed by these regulations,
shall be free to put back to sea. In such case, the port
officer shall send immediate information to the sanitary
authorities of the port to which the vessel is bound or at
which she is next about to call.
5. While a vessel shall be so detained, no person shall
leave the same.
6, The port officer, on the approach to the port of any
vessel displaying the flag or flags or light or lights aforesaid,
or on his detaining any vessel as aforesaid, shall forthwith
give notice thereof and of the cause of such detention to the
sanitary authority of the port, and also to the port health
officer.
7, The detention by the port officer of a vessel under
regulation 4 shall cease as soon as the vessel shall have been,
as hereinafter provided, duly visited and examined by the
port health officer, or, if the vessel shall, upon such examin-
ation, be found to be " infected " or " suspected," as soon
as the same shall be moored or anchored in pursuance of
regulation 12.
8, The sanitary authority shall, as speedily as practicable,
with the approval of the port officer, fix some place where
vessels may be moored or anchored for the purpose of regu-
lation 12 and shall make provision for the reception of plague
patients and other persons removed from vessels under these
regulations. The place to be fixed as aforesaid, where any
vessel may be moored or anchored for the purpose of regu-
lation 12, shall be some place within the jurisdiction of the
sanitary authority, unless the local government otherwise
11
Inward-bound regulation 9.]
orders, in which case the place so fixed shall, for the purposes
of these regulations, be deemed to be within such jurisdiction.
9. On receiving the notice prescribed by regulation 6,
the port health officer shall forthwith, visit and examine the
vessel in regard to which such notice shall have been given,
for the purpose of ascertaining whether she is " infected,"
" suspected," or " healthy." He shall also do so, if he have
reason to believe that any vessel which has arrived or is
within the jurisdiction of the sanitary authority, whether
detained by the port officer or not, is "infected" or " sus-
pected " or has come from, or touched at, a port where
plague prevails or has passengers or crew on board who have
been within an infected area within the preceding ten days.
The master of such vessel shall permit it to be so visited and
examined, and shall afford all reasonable facilities for such
examination as the port health officer may deem requisite.
10. For the purpose of ascertaining the state of the vessel
as aforesaid, the port health officer may demand from the
doctor of the vessel or, failing him, from the master a declara-
tion on oath whether there has been or has not been a case
of plague on the vessel since her departure, or whether any
person suffering from, or suspected to be suffering from, the
plague has left or been removed from the vessel prior to or
during the voyage, and all particulars relative to any such
circumstance ; and the doctor or the master, as the case may
be, shall be bound to make a true declaration to the best of
his knowledge and belief. If there are on board passengers
or crew who have within the preceding ten days been in an
infected area, the master of the vessel shall be bound to
transmit duplicates of passports to the port health officer
with his bill of health and to permit that officer to inspect
special members of the crew and passengers concerned.
11. When the port health officer has made such examina-
tion as aforesaid, he shall forthwith give a certificate in
duplicate in the appended form [Appendix A], or to the like
effect, and shall deliver one copy to the master and transmit
the other to the sanitary authority. He shall also, if the vessel
is "infected" or "suspected," give immediate information
of the fact to the Sanitary Commissioner for Madras.
12. The master of any vessel certified by the port health
officer to be "infected" or "suspected" shall thereupon
moor or anchor her, if he has not already done so, at the
place fixed for that purpose under regulation 8 where she
shall remain until the requirements of these regulations have
12 [Inward-bound Regulation 13.
been duly fulfilled, and from which she shall not depart
without the written or, where communication with the vessel
is impracticable owing to stress of weather, the signalled
permission of the port health officer.
13, No person shall leave any such vessel until the exam-
ination hereinafter prescribed shall have been made.
14. (1) The port health officer shall, as soon as possible,
after a vessel has been certified as " infected," " suspected,"
or " healthy," examine every person on board the same.
(2) If the vessel is certified to be " infected "and if
any person on board such vessel is found to be suffering from
plague or from any illness which the port health officer
suspects may prove to be plague, the port health officer
shall certify accordingly. Every person who shall be so
certified by him shall, if possible, be disembarked, and shall
be detained for treatment in a suitable hospital or isolation
camp, or other place.
(3) Every person who shall not be so certified by him
and who is bound for the port at which the vessel is lying
shall be permitted to land immediately on giving to the sani-
tary authority or the port health officer his name and place of
destination, stating his address at such place and on accept-
ing a passport in accordance with regulation 1 of mufassal
plague regulations under the Epidemic Diseases Act, 1897,
for district municipalities and other towns and villages, or of
regulation 1 of regulations under the Epidemic Diseases Act,
1897, for the City of Madras, as the case may be; provided that
the sanitary authority or the port health officer may, should
he feel doubt as to the trustworthiness of any person, or
should he consider any person in any way likely to carry the
infection of the plague, cause him to be disembarked and
detain him under observation in an isolation camp or other
place ; provided also that in the case of such respectable
persons as may be relied on to report promptly, if they fall
sick, the sanitary authority or the port health officer may at
his option relax the regulations so far as to exempt them from
the necessity of making a daily visit to the local plague
authorities, such exemption being endorsed on their passports
and counterfoils.
(4) All other persons remaining on board the vessel
(except those referred to in regulation 17 who are subject to
the restrictions therein specified) shall be placed under
surveillance during the time the vessel is in port and shall
not be allowed to land without the written permission of the
port health officer.
13
Inward-bound regulation 14.]
(5) The maximum period of detention of persons,
arriving by an "infected" vessel, kept under observation
outside a camp shall be ten days from the date of leaving the
vessel ; or in the case of persons placed in a camp ten days.
freni the date of the occurrence of the last case of plague in
such camp, or, if no such case occurs, ten days from the date
of leaving the ship.
(6) If the vessel is certified to be " suspected " or
" healthy," all persons on board who may disembark shall be
subjected to surveillance at their destination, in the case of a
" suspected" vessel for a period of ten days from the date of
arrival of the vessel iu port, and in the case of a " healthy "
vessel for the period necessary to complete a term of ten days
from the date of the vessel's departure from the infected port
last visited. In either case the sanitary authority or the
port health officer may place under observation instead of
surveillance, for the abovementioned terms, any person whom
he may consider to be untrustworthy or in any way likely to
carry the infection of the plague. Those under surveillance
shall be subject to the passport rules referred to in clause (3)
above, and those under observation shall be detained in
an isolation camp or other place ; provided that in the case
of such respectable persons as may be relied on to report
promptly, if they fall sick, the sanitary authority or the port
health officer may at his option relax the regulations so
far as to exempt them from the necessity of making a daily
visit to the local plague authorities, such exemption being
endorsed on their passports and counterfoils.
(7) Any person detained under observation or placed
under surveillance who is certified by the port health officer
or by the medical officer appointed for the purpose to be
suffering from plague or from any illness which such officer
suspects may prove to be plague, may be taken to such
hospital or isolation camp as may be appointed for that pur-
pose by the sanitary authority of the port or place, or to
other place and detained there until his recovery, or for
such period not exceeding ten days, as may be necessary for
ascertaining whether his illcess is or is not plague. The
said person shall be bound to remain in the place where he
is detained and to follow such instructions as the sanitary
authority may prescribe.
(8) In the case of vessels which are not " infected,"
" suspected," or " healthy," but have on board any passengers
or members of the crew who have been within an infected
area during the preceding ten days, the port health officer
shall, when the destination of the passenger or the port of
14 Inward-bound regulation 15.
visit of the crew is within the Madras presidency, issue a
passport to each individual concerned, if one be not already
in his possession, and advise the fact to the next port health
officer bv the quickest safe method.
* Vide regulations 3, 4,
9, 12, 14, 18, 20 and 21.
15. (i) As soon as the master of an " infected " vessel
has complied with the requirements and directions of the
port health officer as provided in these
regulations,* the port health officer
shall grant him a certificate in the
appended form [Appendix 13], and thereupon the vessel shall
have all the privileges of a "healthy" vessel in the port
concerned.
(ii) Provided that, if a case of plague or of illness
suspected to be plague, occurs on board subsequent to the
grant of the above certificate, the certificate shall become
invalid and the vessel again become subject to the require-
ments of the regulations regarding " infected" vessels.
(iii) In the case of a " suspected" or "healthy"
vessel, free pratique shall be granted at once, provided, in
* Vide regulations 3,4
9, 12,14, 18, 20 and 21.
tne case of ports of arrival wnich are
healthy, the requirements * of these
regulations have been complied with, and
in the case of ports of arrival which are intected, the persons
who may disembark are subjected to surveillance.
(iv) ouch precautions snail be taken at healthy ports
in the case of "healthy," "suspected," or "infected " vessels
in regard to communication with the vessel or the landing of
O
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cargo, mails, passengers or crew as may be prescribed by
Government or as may be considered by the port health
officer to be necessary.
16. No person detained for treatment or placed under
observation shall leave the camp or place or vessel in which
he is detained under treatment or observation, until the chief
medical officer present at the spot shall have certified that
such person is freo from the infection of the plague.
17. If any person suffering from plague or from any ill-
ness which the port health officer suspects may prove to be
plague cannot be disembarked under regulation 14, he may
be detained OD board the vessel, which shall remain subject,
for the purpose of this regulation, to the control of the port
health officer. Such person shall not be removed from or
leave the vessel, except with the consent, in writing, of the
port health officer, and if the illness from which such person
suffered is, or proves to be plague, the vessel should be treated
as an " infected " vessel.
15
Inward-bound regulation 18. ]
18. The port health, officer shall, in the case of every
vessel certified to be " infected " or " suspected/' give direc-
tions for the disinfection of all parts of the vessel which have
been inhabited by plague patients and he may also give such
other directions for the more thorough disinfection of the
vessel as may appear to him to be necessary for preventing
the spread of infection. The master of the said vessel shall
forthwith carry into execution all such directions.
19. In the event of any death from plague on board
such vessel, the master shall, as directed by the sanitary
authority, or the port health officer, either cause the dead
body to be taken out to sea and committed to the deep pro-
perly loaded to prevent its rising, or shall deliver it into the
charge of the sanitary authority for disposal, if the former
procedure be not in accordance with caste or race customs.
20. The master shall cause to be destroyed any articles on
board his vessel that may have been soiled with plague dis-
charges and he shall also cause to be disinfected or destroyed
the clothing and bedding and other articles of personal use
likely to retain infection which are on board his vessel, and
which have been used by any person who has suffered
from plague on board such vessel or who having left such
vessel, shall have suffered from plague during the stay of
such vessel in the port, and all such articles as, in the
opinion of the port health officer, may be regarded as
contaminated. In the case of " infected " vessels the
personal baggage of both crew and passengers shall be
disinfected without exception. If the master shall have
neglected to carry out these precautions or have done so
ineffectually, he shall forthwith, upon the direction of the
sanitary authority or the port health officer, cause the same
to be disinfected or destroyed to the satisfaction of that
authority, and in accordance with the instructions as to dis-
infection contained in the circular issued by the Sanitary
Commissioner. If the said master neglect to comply with
any such directions within a reasonable time, the sanitary
authority or the port health officer shall cause the same to
be carried into execution at the expense of the said vessel.
21. Provided facilities exist for obtaining suitable water in
the port, the master shall, on the direction of the port health
officer, cause all tanks in an " infected " or " suspected "
vessel to be completely emptied and cleaned and disinfected
in such manner as the port health officer may direct and fresh
water to be taken in. The port health officer may also, if
he thinks necessary, give like directions in the case of a