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SECTION 6.
The New Legislation.
As already explained in Section 3 of Chapter I the measures originally
adopted at railway stations for the treatment of railway passengers suffering
from plague were taken under the Indian Railways Act, which gave power to
Railway Companies to refuse to carry such persons and to remove them from
railway premises. If, when so removed, they were within the limits of a
municipal district, certain measures to prevent the spread of the disease could
be taken under Section 73 of the District Municipal Act, though it was doubtful
to what extent power to interfere with the liberty of the subject was conferred
by that section. In areas other than municipal the necessary powers did not
apparently exist, and, except in Military Cantonments, wherein it was possible
to adopt special measures under Section 434 of the Bombay City Municipal
Act (extended to those areas by the Government of India) could only be
conferred by legislation. Even at railway stations the measures that could
legally be taken were entirely inadequate. When plague began to spread in
the Mofussil to some slight extent in December, and more extensively in
January 5 owing to the exodus of panic-stricken people from Bombay, it was
recognised that the existing law would no longer suffice and that extensive
powers in both municipal and non-municipal areas would have to be conferred
on Government officers and other persons. On the 22nd January Government
resolved on the immediate introduction into the Legislative Council of a Bill
embodying the provisions of Section 434 of the Bombay City Municipal Act and
making them applicable to any local area in the Presidency whether municipal
or not. This section runs as follows :
(t (1) In the event of the city being at any time visited or threatened
with an outbreak of any dangerous disease, or in the event of any infec-
tious diseuse breaking out or being likely to be introduced into the city
amongst cattle—including under this expression sheep and goats—
the Municipal Commissioner, if he thinks the ordinary provisions of
this Act or of any other law at the time in force are insufficient for the
purpose, may, with the sanction of Government :
(c?) take such special measures, and
(δ) 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.
2. Government further resolved that the powers of a Municipal Commis-
sioner should be conferred on any officer whom Government might appoint for
the purpose, irrespectively of the question whether he was connected with a
Municipality or not. In other words, Government proposed to assume, by legis-
lation, authority to confer on their officers any powers which they might from
time to time consider necessary. The requisite instructions were accordingly
issued to the law officers of Government.
3. It may be observed that a similar measure, as regards Railway stations,
had been suggested by the Secretary of State, and Government were in com-
munication with the Government of India as regards the state of the law and
the necessity for modifying it.
4. On the 28th January a Bill prepared by the Advocate General was
about to be telegraphed to the Government of India for approval, when a telegram
was received from that Govern men t regarding the measures proposed for the
inspection of persons leaving Bombay by sea, in which it was stated that a Bill
on the subject of the general extension of the powers conferred by Section 43e
of the Bombay City Municipal Act had on that day been introduced into the
Legislative Council and would shortly be passed. This Bill was telegraphed to
the Bombay Government, and in reply the following suggestions were telegraphed
to the Government of India :