5
revise in consultation with his legal advisers. In the interim, however, he was
informed on October 4th that Government approved and sanctioned the measures
and regulations proposed by him.
18. On October 6th the Municipal Commissioner issued with the sanction
of Government the following notification:
"Whereas a dangerous disease, namely, bubonic fever, has broken out in certain parts of the
City of Bombay, and the Municipal Commissioner is of opinion that the ordinary provisions of
the City of Bombay Municipal Act, 1888, or of any other law in force in Bombay, are insuf-
ficient for the purpose of effectually preventing the spread of such disease, public notice
is hereby given that, with the sanction of Government and pursuant to the provisions of sec-
tion 434 of the said Act, the Commissioner hereby prescribes the following temporary regu-
lations to be observed by the public and all persons concerned; And further, that the
Municipal Commissioner will, if necessary, take such special measures as are hereby indicated
for carrying into effect the objects of the said regulations.
(1) In extension of the provisions of sections 422, 425, and 427 of the said Act it
is hereby prescribed that every person having the control or charge of any building shall
on demand by the Commissioner or any officer to whom the powers, duties, or functions of
the Commissioner under those sections may have been or may be delegated, . . . immediately
cause such building or part of a building to be opened, and shall permit the Commissioner
or any such officer as aforesaid to cleanse and disinfect the same, and to cause the removal
for disinfection or destruction of any grain, bedding, or clothing, or of any other goods or
articles found therein.
For the purpose of carrying into effect the objects aforesaid the Commissioner or any
such officer as aforesaid will, whenever he shall deem it necessary so to do, break open and
forcibly enter any such building or part of a building and without previous notice to the owner
or occupier thereof, will cleanse and disinfect the same, and direct or cause the forcible removal
and disinfection or destruction of any grain, bedding, clothing, goods, or articles as aforesaid.
(2) In extension of the provisions of section 424 of the said Act it is hereby prescribed
that any person suffering from bubonic fever wheresoever found, and whether provided with
proper lodging or accommodation or not, or whether lodged in a building occupied by more
than one family or not, shall on a certificate signed by the Executive Health Officer, or by
any duly qualified medical practitioner, that such person is suffering from the said disease,
be liable to be removed to any hospital or place at which patients suffering from the said
disease are received for medical treatment.
For the purpose of carrying into effect the objects of this regulation, the Commissioner or
any officer to whom the powers, duties, or functions of the Commissioner under section 424 have
been or may be delegated, or any Police officer empowered by the Commissioner in this behalf,
will, whenever he shall deem it necessary so to do, cause any person in respect of whom such
certificate as aforesaid has been made, to be removed to any such hospital or place as aforesaid.
(3) Every house in which any case of the aforesaid disease exists or has existed, shall,
for so long as the Commissioner shall deem necessary, be isolated in accordance with such
orders as the Commissioner may in each case prescribe, and every occupant of such house,
and other person who may be therein, or who may resort or desire to obtain access thereto,
shall obey any order which he may receive from the Commissioner or any Municipal or
Police officer empowered by the Commissioner in that behalf, prohibiting ingress to or
egress from such house.
For the purpose of carrying into effect the object of this regulation, the Commissioner or
any Police officer as aforesaid will, if necessary, forcibly prevent persons from entering or leaving
such house."
19. From the 6th October 1896 therefore the Municipal Commissioner
possessed legal powers enabling him to enter and disinfect buildings, remove
goods therefrom, remove to hospital persons suffering from plague, and isolate
houses in which a case of plague had occurred. These powers were never with-
drawn by Government.
SECTION 3.
Early measures taken by Government as regards Railway Inspection.
1. The desirability of preventing the conveyance of infection by Railway
passengers engaged the attention of Government as early as the 1st of October,
when the Agents of the G. I. P. and B. B. & C. I. Railways as well as the legal
and other advisers of Government were consulted.
B 1135-2