Public Health Act
This section lists definitions used in the Act, including terms such as “adult”, “child”, “Minister”, “Authority”, “dwelling”, “owner”, “parent”, “premises”, “vaccination” and “vaccine”.
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Chapter 310
- Status
- Repealed
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
This section lists definitions used in the Act, including terms such as “adult”, “child”, “Minister”, “Authority”, “dwelling”, “owner”, “parent”, “premises”, “vaccination” and “vaccine”. The Minister may cause inquiries to be made into any matters concerning the public health in any place. When the Minister directs an inquiry, the person directed shall have free access to relevant books, plans, maps and documents, shall have similar powers to commissioners regarding witnesses and document production, and may enter and inspect buildings, premises or places needed for the inquiry. The Authority and every local government council must take all lawful, necessary and reasonably practicable measures to prevent or deal with outbreaks of infectious, communicable or preventable diseases, safeguard and promote public health, and exercise public-health powers and duties; and a medical officer must immediately inform the Director General of Health Services of any such outbreak within the Authority or a local government. A medical officer employed by the Government must take lawful, necessary and reasonably practicable measures to prevent or deal with outbreaks or prevalence of infectious, communicable or preventable diseases.
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Provisions of Public Health Act
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Part I
Interpretation
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Interpretation - Interpretation
This section lists definitions used in the Act, including terms such as “adult”, “child”, “Minister”, “Authority”, “dwelling”, “owner”, “parent”, “premises”, “vaccination” and “vaccine”.
Section Interpretation Section In this Act, and in any rules made under this Act, unless the context otherwise requires— “ adult ” means a person who is eighteen years of age or more; “ approved ” and “prescribed” mean respectively approved or prescribed by the Minister or by the appointed officers or by rules under this Act, as the case may be; “ Authority ” means the Kampala Capital City Authority; “ building ” includes any structure whatsoever whether permanent or temporary for whatsoever purpose used; “ burial ” means burial in the earth, interment or any other form of sepulture, or cremation or any other mode of disposal of a dead body, and “buried” has a corresponding meaning; “ child ” means a person below the age of eighteen years; “ court ” means a court of competent jurisdiction; “ currency point ” has the value assigned to it in the Schedule to this Act; “ drain ” means any drain, together with its appurtenances, used for the drainage of one building only, or of premises within the same curtilage and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which drainage of two or more buildings or premises occupied by different persons is conveyed and includes any pipe or channel whether opened or closed, used or intended to be used for drainage of land ; “ dwelling ” means any house, room, shed, hut, cave, tent, vehicle , vessel or boat or any other structure or place, any portion of which is used by any human being for sleeping or in which any human being dwells; “ factory ” means any premises in which, or within the close or curtilage or precincts of which, steam, water, electricity or other mechanical power is used for the purposes of trade or manufacture; “ food ” means any article used for food or drink other than drugs or water, but includes ice, and any article which ordinarily enters into or is used in the composition or preparation of human food, and includes flavouring matters and condiments; “foodstuffs” has a similar meaning; “ guardian ” means any person having, by reason of the death, illness, absence or inability of the parent or any other cause, the custody of a child ; “ infected ” means suffering from, or in the incubation stage of, or contaminated with the infection of, any infectious disease ; “ infectious disease ” means any disease which can be communicated directly or indirectly by any person suffering from it to any other person; “ isolation ” means the segregation and the separation from and interdiction of communication with others of persons who are or are suspected of being infected ; “ keeper of a lodging house ” means any person keeping a hotel or lodging house ; “ land ” includes any right over or in respect of land or any interest in land; “ latrine ” includes privy, urinal, earth closet and water closet; “ local government ” has the meaning assigned to it in the Local Governments Act ; “ lodging house ” means a building or part of a house, including its verandah , if any, which is let or sublet in lodgings or otherwise, either by storeys, by flats, by rooms or by portions of rooms; “ medical observation ” means the isolation or detention of persons for the purpose of medical examination; “ medical officer ” means a medical officer in the employment of the Authority , a local government and the Government; “ medical practitioner ” means a person who is registered or licensed as such under any law in force in Uganda governing the registration of medical practitioners; “ medical surveillance ” means the keeping of a person under medical supervision. Persons under the surveillance may be required by the medical officer of health or any duly authorised officer to remain within a specified area or to attend for medical examination at specified places and times; “ Minister ” means the Minister responsible for health; “ municipality ” has the meaning assigned to it in the Local Governments Act ; “ occupier ” includes any person in actual occupation of land or premises without regard to the title under which the person occupies, and, in case of premises subdivided and let to lodgers or various tenants, the person receiving rent payable by the lodgers or tenants whether on the person’s own account or as an agent for any person entitled to the rent or interested in it; “ owner ”, as regards immovable property, includes any person, other than the Government, receiving the rent or profits of any lands or premises from any tenant or occupier of the land or premises or who would receive the rent or profits if the land or premises were let whether on the person’s own account or as agent for any person other than the Government, entitled to the rent or profits or interested in the rent or profits; the term includes any lessee or licensee of public land and any superintendent, overseer or manager of that lessee or licensee residing on the holding; “ parent ” means the biological mother or father of a child and includes, a guardian , a person who has lawful custody of a child or an adult person who has parental responsibility for a child ; “ parental responsibility ” means the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child ; “ premises ” includes any building or tent together with the land on which it is situated and the adjoining land used in connection with it, and includes any vehicle , conveyance or vessel; “ pre-primary school ” means an establishment set up for the purpose of providing education to children below the age of six years; “ primary school ” means an establishment set up for the purpose of providing education to children aged six years or more; “ public building ” means a building used or constructed or adapted to be used either ordinarily or occasionally as a place of public worship or as a theatre, public hall, or as a public place of assembly for persons admitted by ticket or otherwise, or used or adapted to be used for any other public purpose; “ public health ” means the art and science of preventing disease, prolonging life and promoting health through the organised efforts of society; “ public vehicle ” means every vehicle which plies or stands for hire, or is from time to time let out for hire or is intended to be let out for hire and includes any railway coach or aircraft; “ slaughterhouse ” means any premises set apart for the purpose of a slaughterhouse by the Authority or a local government ; “ stock ” means and includes all domesticated animals of which the flesh or milk is used for human consumption; “ street ” means any highway, road or sanitary lane, and includes any bridge, footway, square, court , alley or passage whether a thoroughfare or a part of one or not; “ town ” has the meaning assigned to it in the Local Governments Act ; “ trade premises ” means any premises , other than a factory , used or intended to be used for carrying on any trade or business; “ vaccination ” means the process or act of administering a vaccine to a person; “ vaccination card ” means the document issued by a vaccinator to a parent of a child , showing the record of vaccination of the child ; “ vaccine ” means any preparation intended to produce immunity to a disease by stimulating the production of antibodies; “ vehicle ” means every means of conveyance or of transit or parts thereof manufactured for use or capable of being used on land , water or in the air and in whatever way driven or propelled or carried; “ verandah ” includes any stage, platform or portico projecting from the main wall of any building ; “ workshop ” means any building or part of a building in which manual labour is exercised for purposes of trade.
Part II
Administration
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Administration - Power to direct inquiries
The Minister may cause inquiries to be made into any matters concerning the public health in any place.
Section Power to direct inquiries Section The Minister may cause to be made such inquiries as he or she may see fit in relation to any matters concerning the public health in any place. - 3
Administration - Power of persons directed to make inquiries
When the Minister directs an inquiry, the person directed shall have free access to relevant books, plans, maps and documents, shall have similar powers to commissioners regarding witnesses and document production, and may enter and inspect buildings, premises or places needed for the inquiry.
Section Power of persons directed to make inquiries Section When the Minister directs an inquiry to be made, the person directed to make the inquiry shall have free access to all books, plans, maps, documents and other things relevant to the inquiry and shall have, in relation to witnesses and their examination and the production of documents, similar powers to those conferred upon commissioners by the Commissions of Inquiry Act, and may enter and inspect any building , premises or place, the entry or inspection of which appears to him or her requisite for the purpose of the inquiry. - 4
Administration - General duties of Authority or local government councils
The Authority and every local government council must take all lawful, necessary and reasonably practicable measures to prevent or deal with outbreaks of infectious, communicable or preventable diseases, safeguard and promote public health, and exercise public-health powers and duties; and a medical officer must immediately inform the Director General of Health Services of any such outbreak within the Authority or a local government.
Section General duties of Authority or local government councils Section The Authority and every local government council shall take all lawful, necessary and reasonably practicable measures for preventing the occurrence of, or for dealing with any outbreak or prevalence of, any infectious, communicable or preventable disease; to safeguard and promote the public health ; and to exercise the powers and perform the duties in respect of the public health conferred or imposed by this Act or by any other law. A medical officer shall immediately inform the Director General of Health Services of the outbreak of any infectious, communicable or preventable disease within the Authority or a local government , as the case may be. - 5
Administration - Powers and duties of medical officers in the employment of Government
A medical officer employed by the Government must take lawful, necessary and reasonably practicable measures to prevent or deal with outbreaks or prevalence of infectious, communicable or preventable diseases.
Section Powers and duties of medical officers in the employment of Government Section A medical officer in the employment of the Government shall take all lawful, necessary and reasonably practicable measures for preventing the occurrence of, or for dealing with any outbreak or prevalence of, any infectious, communicable or preventable disease. The actions taken by the medical officer in subsection (1) are for safeguarding, promoting public health ; and for the exercise of the powers and performance of the duties in respect of the public health conferred or imposed by this Act or by any other Act. Where the occurrence of, or outbreak of a disease is within the jurisdiction of a local government , the medical officer shall exercise the powers and perform the duties in subsection (1) with the authority of the Director General of Health Services. - 6
Administration - Proceedings on complaint to Minister about municipality or town
If the Minister, after inquiry, is satisfied that an Authority or local government has defaulted and a complaint shows public health is endangered, the Minister may order that Authority or local government to perform its duty within a prescribed time; if the order is not obeyed the Minister may appoint someone to carry out the order.
Section Proceedings on complaint to Minister about municipality or town Section If a complaint is made to the Minister that the public health in any municipality or town is endangered by the failure or refusal on the part of the Authority or a local government to exercise the powers or perform the duties devolving upon it under this Act, the Minister , if satisfied after due inquiry that the Authority or the local government is guilty of default, may make an order directing the Authority or the local government to perform its duty in the matter of the complaint and prescribing a time for that performance. Where the order given under subsection (1) is not obeyed within the time prescribed, the Minister may appoint some person to carry out the order. - 7
Administration - Powers of person appointed under section 6
A person appointed under section 6 to perform duties of a defaulting municipality or town has all the municipality's powers for that duty except the power to levy rates; the Minister may by order change such a person.
Section Powers of person appointed under section 6 Section A person appointed under section 6 to perform the duty of a defaulting municipality or town shall, in the performance and for the purpose of that duty, have all the powers of the municipality or town other than the powers of levying rates vested in the municipality or town pursuant to the provision of any Act in that behalf; and the Minister may from time to time by order change any person so appointed. - 8
Administration - Advisory committee of health
The Minister must establish an Advisory Committee of Health when necessary; the chairperson must appoint a secretary; the Minister may vary membership and make rules.
Section Advisory committee of health Section The Minister shall, when necessary, establish a committee known as the advisory committee of health comprising the Director General of Health Services or his or her representative as the chairperson and such other members as the Minister may deem fit to appoint. The tenure of the members of the advisory committee of health shall be on ad hoc basis. The chairperson of the committee shall appoint such person as he or she may deem fit to be the secretary to the committee. The Minister may vary or terminate the membership of the committee. The Minister may make rules for the governance of the functions of the committee. - 9
Administration - Provisions of Act in relation to other Acts
The provisions of this Act are additional to other Acts that are not in conflict with it; if earlier Acts conflict or are inconsistent, this Act prevails.
Section Provisions of Act in relation to other Acts Section Except as is specially provided in this Act, the provisions of this Act shall be deemed to be in addition to and not in substitution for any provisions of any other Act which are not in conflict or inconsistent with this Act. Where the provisions of any earlier Act are in conflict or inconsistent with this Act, the provisions of this Act shall prevail.
Part III
Notification of infectious diseases
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Notification of infectious diseases - Minister’s power to declare notifiable diseases
The Minister may, by statutory order, declare diseases notifiable, limit which provisions apply to a notifiable disease, or restrict notification provisions to specified authorities or areas.
Section Minister’s power to declare notifiable diseases Section The Minister may by statutory order— declare that any disease shall be a notifiable disease for the purpose of this Act; declare that only such provisions of this Act as are mentioned in the order shall apply to any notifiable disease; restrict the provisions of this Act, as regards the notification of any disease, to the Authority or any local government or to any area defined. - 11
Notification of infectious diseases - Power to make rules
The Minister has the power to make rules about notification of disease, including duties for various persons and forms, and contraventions are an offence punishable by a fine up to one hundred fifty currency points or up to one year imprisonment, or both.
Section Power to make rules Section The Minister may in respect of the notification of disease make rules as to— the duties of medical practitioners called in to visit or in any manner becoming aware of any notifiable disease; the duties of heads of families, parents or other persons having the care of or in attendance on any sick person; the duties of owners or persons in charge of letting houses, the duties of owners or persons in charge of workplaces and the duties of employers; the duties of the person in charge of any school, institution of higher learning, orphanage or similar institution in regard to the reporting of such diseases or any other disease specified in the rules; the circumstances in which notification of particular diseases shall not be required; the forms to be used and the particulars to be furnished by medical practitioners and others when making the notifications to the Authority or a local government or medical officer ; the forms to be used and the particulars to be furnished by the Authority or a local government or medical officer when transmitting returns and reports to the Chief Medical Officer; the fees to be paid by the Authority or a local government or the Government to medical practitioners for certificates provided in accordance with the rules, The rules made under this section shall apply to notifiable diseases or to only the notifiable disease specified in the rules. A person who contravenes any rule made under this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding one year, or both.
Part IV
Prevention and suppression of infectious diseases
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Prevention and suppression of infectious diseases - Infectious diseases
This Part applies to any disease the Minister may, by statutory order, declare to be an infectious disease.
Section Infectious diseases Section This Part shall apply to any disease which the Minister may, by statutory order, declare to be an infectious disease for the purposes of this Part. - 13
Prevention and suppression of infectious diseases - Powers of medical officer to inspect premises and persons
A medical officer or someone authorised by them may enter and inspect premises, medically examine persons there, and order post-mortems to check for infectious disease.
Section Powers of medical officer to inspect premises and persons Section A medical officer or a person authorised by the medical officer may at any time enter and inspect any premises in which he or she has reason to believe that any person suffering or who has recently suffered from any infectious disease is or has recently been present, or any inmate of which has recently been exposed to the infection of any infectious disease , and may medically examine any person in the premises for the purpose of ascertaining whether the person is suffering or has recently suffered from or is a carrier of any such disease and may cause a post-mortem examination to be made on any corpse for the purpose of ascertaining if the cause of death has been any infectious disease . - 14
Prevention and suppression of infectious diseases - Powers of medical officer to cause premises to be decontaminated
A medical officer who believes decontamination is needed must serve a written notice on the property owner or occupier specifying steps and a timeframe; failure to comply is an offence with a daily fine, and the Authority or local government council may decontaminate and recover or defray expenses, including entering without consent if the owner is unable.
Section Powers of medical officer to cause premises to be decontaminated Section Where any medical officer or a person authorised by the medical officer is of opinion that the decontaminating of any building or part of the building , and of any articles in the building likely to retain infection, would tend to prevent or check infectious disease , he or she shall give notice in writing to the owner or occupier of the building or part of the building specifying the steps to be taken to decontaminate the building or part of the building and the articles, within a time specified in the notice. Where the person to whom notice is so given fails to comply with the notice, that person commits an offence and is liable, on conviction, before a court of competent jurisdiction, to a fine not exceeding five currency points for every day during which the person continues to make default; and the Authority or local government council may cause the building or part of the building and the articles to be decontaminated, and may recover the expenses incurred from the owner or occupier in default as a civil debt. Where the owner or occupier of any such building or part of the building is from poverty or otherwise unable, in the opinion of the Authority or local government council, effectually to carry out the requirements of this section, the Authority or local government council may, without enforcing the requirements on that owner or occupier , with or without the consent of the owner enter, decontaminate the building or part of the building and the articles, and defray the expenses of decontaminating. - 15
Prevention and suppression of infectious diseases - Destruction of contaminated beddings, clothing or articles
A medical officer must destroy beddings, clothing or articles contaminated with or exposed to an infectious disease; the Authority or local government must give reasonable compensation for items destroyed; an aggrieved person has the right to submit the compensation dispute to arbitration and the Authority or local government must agree.
Section Destruction of contaminated beddings, clothing or articles Section Where any beddings, clothing or any other articles are contaminated with an infectious disease or are exposed to contamination from any infectious disease and in the opinion of the medical officer the beddings, clothing or articles have to be destroyed, the medical officer shall destroy the beddings, clothing or articles or cause the beddings, clothing or articles to be destroyed. The Authority or local government shall give reasonable compensation for articles so destroyed. If a person is aggrieved by the amount of compensation awarded by the Authority or a local government , that person shall have the right, and the Authority or a local government shall agree, to a submission of the matter to arbitration in accordance with the Arbitration and Conciliation Act . - 16
Prevention and suppression of infectious diseases - Damage to articles during decontamination
No compensation is payable when an article is damaged during decontamination if suitable methods of decontamination have been employed and due care and all reasonable precautions have been taken.
Section Damage to articles during decontamination Section When any article is damaged during decontamination no compensation shall be payable if suitable methods of decontamination have been employed and due care and all reasonable precautions have been taken to prevent unnecessary or avoidable damage. - 17
Prevention and suppression of infectious diseases - No compensation for deprivation during decontamination
Compensation is not payable for loss of occupation, use of a building, or use of articles caused by decontamination where there has been no undue delay.
Section No compensation for deprivation during decontamination Section Compensation shall not be payable in respect of the deprivation of the occupation or use of any building or part of a building or of the use of any article occasioned by decontamination, if no undue delay has occurred. - 18
Prevention and suppression of infectious diseases - Provision of means of decontamination
The Authority or a local government council must provide a place with apparatus and attendance for decontamination of contaminated bedding, clothing or other articles, and must ensure articles brought for decontamination are dealt with free of charge.
Section Provision of means of decontamination Section The Authority or a local government council shall provide a proper place, with all necessary apparatus and attendance, for the decontamination of bedding, clothing or other articles which have become contaminated, and shall cause any articles brought for decontamination to be dealt with free of charge. - 19
Prevention and suppression of infectious diseases - Provision of conveyance for infected person or thing
The Authority or a local government council must provide and maintain conveyances to carry people with infectious diseases or remove contaminated items, and must pay the carriage expenses to transport such persons to a health facility or place of quarantine.
Section Provision of conveyance for infected person or thing Section The Authority or a local government council shall provide and maintain conveyances for the carriage of persons suffering from any infectious disease or for the removal of any contaminated bedding, clothing or other articles and shall pay the expenses of carriage in such conveyance of any person so suffering to a health facility or other place of quarantine. - 20
Prevention and suppression of infectious diseases - Removal to health facility of infected person
If a medical officer or medical practitioner certifies someone has an infectious disease that requires treatment in a health facility, they must have the person moved to a suitable facility or place and confine them there until they are satisfied the person is no longer infectious or can be discharged safely.
Section Removal to health facility of infected person Section Where a medical officer or a medical practitioner certifies that a person is suffering from an infectious disease , which in order to guard against its spread, can only be treated or managed in a health facility, the medical officer or medical practitioner , as the case may be, shall cause the person— to be moved to a health facility or to any other place which, in the opinion of the medical officer or medical practitioner , is suitable for the reception of the person; and to be confined in that health facility or place until the medical officer or medical practitioner , as the case may be, is satisfied that the person is free from infection or that the person may be discharged without being a danger to the public. - 21
Prevention and suppression of infectious diseases - Penalty on exposure of infected persons and things
Prohibits persons suffering infectious diseases from wilfully exposing themselves or others or transmitting contaminated items without decontamination; a person who knowingly boards a public vehicle while infected must be ordered by the court to pay decontamination loss and expenses to the vehicle owner/conductor/driver; no proceedings against persons transmitting items for decontamination with proper precautions.
Section Penalty on exposure of infected persons and things Section Any person who— while suffering from any infectious disease , wilfully exposes himself or herself without proper precautions against spreading the disease in any street , public building or place, shop, inn, hotel or public vehicle without previously notifying its owner , conductor or driver that he or she is so suffering; being in charge of any person so suffering, so exposes the sufferer; or gives, lends, sells, transmits or exposes, without previous decontamination, any bedding, clothing, rags or other things which have, to his or her knowledge, been exposed to infection from any such disease, Any person who, while knowingly suffering from any infectious disease , enters any public vehicle without previously notifying the owner , conductor or driver that he or she is so suffering, shall, in addition, be ordered by the court to pay that owner , conductor or driver the amount of any loss and expenses he or she may incur in carrying into effect the provisions of this Act with respect to decontamination of the conveyance. No proceedings under this section shall be taken against persons transmitting with proper precautions any bedding, clothing, rags or other things for the purposes of having them decontaminated. - 22
Prevention and suppression of infectious diseases - Penalty on failing to provide for decontamination of public vehicle
Owners or drivers of public vehicles must immediately decontaminate the vehicle to the satisfaction of the medical officer after carrying a person with an infectious disease; failure is an offence punishable by a fine of up to five currency points, and drivers need not carry such persons until paid for losses or expenses.
Section Penalty on failing to provide for decontamination of public vehicle Section Every owner or driver of a public vehicle shall immediately provide for the decontamination of the public vehicle to the satisfaction of the medical officer or a person authorised by the medical officer , after it has, to his or her knowledge, conveyed any person suffering from an infectious disease , and if he or she fails to do so he or she commits an offence and is liable, on conviction, to a fine not exceeding five currency points, but no such owner or driver shall be required to convey any person so suffering until he or she has been paid a sum sufficient to cover any loss or expenses incurred by him or her in carrying into effect the provisions of this section. - 23
Prevention and suppression of infectious diseases - Penalty for letting infected house
Anyone who knowingly rents out premises where someone has had an infectious disease without first having the premises and articles efficiently decontaminated to the satisfaction of the medical officer (as certified) commits an offence and may be fined up to five currency points.
Section Penalty for letting infected house Section Any person who knowingly lets for hire any dwelling or premises or part of a dwelling or premises in which any person has been suffering from an infectious disease without having it, and all articles in it liable to retain infection, efficiently decontaminated to the satisfaction of the medical officer or a person authorised by the medical officer as testified by a certificate signed by him or her commits an offence and is liable, on conviction, to a fine not exceeding five currency points. This section shall apply to any owner or keeper of a hotel or boarding house who lets any room or part of a room to any person. - 24
Prevention and suppression of infectious diseases - Duty of person letting house lately infected to give true information
Persons who let or show houses for hire must not knowingly give a false answer when asked whether anyone suffering from an infectious disease is or has been in the house within the previous six weeks; doing so is an offence.
Section Duty of person letting house lately infected to give true information Section Any person letting for hire or showing for the purpose of letting for hire any building or part of a building who, on being questioned by any person negotiating for the hire of the house as to the fact of there being or within six weeks previously having been in it any person suffering from any infectious disease , knowingly makes a false answer to the question commits an offence and is liable, on conviction, to a fine not exceeding five currency points. - 25
Prevention and suppression of infectious diseases - Notification of death and removal of body of person dying of infectious disease
If a person dies of an infectious disease the occupier of the building must immediately notify the Authority or local government council; the Authority or council must transmit the information to the nearest medical officer and arrange measures pending removal and decontamination; there are offences about keeping or wrong removal of bodies and duties about taking removed bodies directly to a mortuary or burial place.
Section Notification of death and removal of body of person dying of infectious disease Section In every case of death from an infectious disease , it shall be the duty of the occupier of the building in which the death has occurred immediately to notify the Authority or a local government council of the death; and on receipt of the notification the Authority or a local government council shall at once transmit the information received to the nearest medical officer or a person authorised by the medical officer and make the best arrangements practicable, pending the removal of the body and the carrying out of thorough decontamination, for preventing the spread of the disease. It shall be an offence under this Act for the occupier of any premises to keep any dead body in any room in which food is kept or prepared or eaten or to keep any dead body for more than twenty-four hours in any room in which any person lives, sleeps or works, or to keep the body of any person who is known to have died of infectious disease in any place other than a mortuary or other place set apart for the keeping of dead bodies, without first obtaining the sanction of the Authority or a local government council. Where any person dies of an infectious disease , it shall be an offence under this Act to remove the body, except to a mortuary or for the purpose of immediate burial ; and it shall be the duty of any person who removes the body to take it directly to the mortuary or to the place of interment for burial . Nothing in this section shall be deemed to prevent the removal by due authority of any dead body from a health facility to a mortuary. - 26
Prevention and suppression of infectious diseases - Removal and burial of body of person who has died of infectious disease
Certain authorities may order removal of a body that died of an infectious disease to a mortuary or suitable place in stated circumstances; obstructing such an order is an offence.
Section Removal and burial of body of person who has died of infectious disease Section The Authority or the local government council or any administrative or police officer may direct that a dead body of a person who has died from an infectious disease be removed to a mortuary or other suitable place whenever the body— is retained in contravention of section 25 in a room in which any person lives, sleeps or works, or in which food is kept or prepared or eaten; or is retained in any premises in circumstances which, in the opinion of a medical officer of health, are likely to cause nuisance or endanger health. Any person who obstructs the execution of any order or direction given under this section commits an offence. - 27
Prevention and suppression of infectious diseases - Authority or local government to remove and bury unclaimed bodies
The Authority or a local government must remove and bury bodies of destitute persons and unclaimed bodies.
Section Authority or local government to remove and bury unclaimed bodies Section The Authority or a local government shall be responsible for the removal and burial of bodies of destitute persons and of unclaimed bodies. - 28
Prevention and suppression of infectious diseases - Rules
The Minister may make rules about many matters to prevent and control infectious diseases; contravening those rules is an offence punishable by a fine up to 150 currency points or imprisonment up to one year, or both.
Section Rules Section The Minister may make rules applicable to all infectious diseases or only to such infectious diseases as may be specified in the rules, regarding the following matters— the closing of any school or any place of public entertainment, where deemed necessary for the purpose of preventing the spread of any infectious disease , and the regulation and restriction of school attendance; the duties of parents or guardians of school children who are suffering or have recently suffered from or been exposed to the infection of any infectious disease , and the duties of persons in charge of schools in respect of those children; the establishment, maintenance, management and inspection of isolation health facilities, convalescent homes or other institutions for the accommodation or treatment of persons suffering from or who have recently suffered from any infectious disease , the removal of persons to those institutions and their discharge from them, and the classification and control of the patients and staff of those institutions; the imposition and enforcement of quarantine or of medical observation and surveillance in respect of persons suffering or suspected to be suffering from infectious disease who are not removed to a health facility or place of isolation , the premises in which those persons are accommodated, those in charge of or in attendance on those persons, and other persons living in or visiting the premises or who may otherwise have been exposed to the infection of any such disease; the duties in respect of the prevention of infectious disease and in respect of persons suffering or suspected to be suffering from infectious disease , of heads of families, owners or persons in charge of work places and employers; the measures to be taken for the prevention of the spread or eradication of any infectious disease requiring to be dealt with in a special manner; the conveyance of persons suffering from, or bodies of persons who have died of, an infectious disease ; the prevention of the spread from any animal or the carcass or product of any animal to any person, of any disease communicable by any animal, or the carcass or product of any animal, to man; the prevention of the spread of disease by flies or other insects and the destruction and the removal of or the abatement of conditions permitting or favouring the prevalence or multiplication of insects; the destruction of rodents and other vermin and the removal or abatement of conditions permitting or favouring the harbourage or multiplication of rodents and other vermin; the prevention of the spread of any disease in any person caused by an animal or vegetable parasite; the prevention of the spread of any infectious disease by the carrying on of any business, trade or occupation; the prevention of the spread of any infectious disease by persons who, though not at the time suffering from the disease, are “carriers” of and liable to disseminate the infection of the disease, and the keeping under medical surveillance and the restriction of the movements of those persons; the prohibition of spitting in public places or in public vehicles; the regulation and restriction of any trade or occupation entailing special danger to the health of those engaged in it, whether from infectious disease or otherwise, and the institution of measures for preventing or limiting those dangers; the decontamination or fumigation of buildings, clothing or other articles which have been exposed to or are believed to be contaminated with the infection of any infectious disease , or which are dirty or verminous, and the prohibition of the carrying out of any fumigation which involves the use of poisonous gas except under licence; the disposal of any refuse, waste matter or other matter or thing which has been contaminated with or exposed to the infection of any infectious disease ; the giving compulsorily of any information or the production compulsorily of any documentary or other evidence required for the purpose of tracing the source or preventing the spread of any infectious disease ; the giving, compulsorily, by any person, of the telephone number, physical address and other personal details of any person where this is required for the purpose of locating that other person, for purposes of tracing the source or preventing the spread, of any infectious disease ; and generally for better carrying out the provisions and attaining the object and purposes of this Part. The rules made under subsection (1)(h) and (k) shall be made in consultation with the Minister responsible for plant and animal health. A person who contravenes any rule made under this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding one year, or both.
Part IX
Sanitation and housing
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Sanitation and housing - Nuisances prohibited
No person must not cause or allow any nuisance on land or premises they own, occupy or are in charge of if that nuisance is liable to be injurious or dangerous to health.
Section Nuisances prohibited Section No person shall cause a nuisance, or shall suffer to exist on any land or premises owned or occupied by him or her or of which he or she is in charge, any nuisance or other condition liable to be injurious or dangerous to health. - 51
Sanitation and housing - Duties of Authority or local government councils to maintain cleanliness and prevent nuisances
The Authority or a local government council must take all lawful, necessary and reasonably practicable measures to keep its area clean and sanitary at all times, prevent or remedy nuisances dangerous to health, and take legal proceedings against persons responsible for such nuisances.
Section Duties of Authority or local government councils to maintain cleanliness and prevent nuisances Section The Authority or a local government council shall take all lawful, necessary and reasonably practicable measures for maintaining its area, at all times, in clean and sanitary condition, and for preventing the occurrence in the area of, or for remedying or causing to be remedied, any nuisance or condition liable to be injurious or dangerous to health and to take proceedings at law against any person causing or responsible for the continuance of any such nuisance or condition. - 52
Sanitation and housing - Duty of Authority and local government councils to prevent or remedy danger to health arising from unsuitable dwellings
The Authority or a local government council must take all lawful, necessary and reasonably practicable measures to prevent or remedy conditions dangerous to health from unhealthy or overcrowded dwellings and must take legal proceedings against those responsible; but they must not take action affecting factory machinery or plant without the inspector's consent.
Section Duty of Authority and local government councils to prevent or remedy danger to health arising from unsuitable dwellings Section The Authority or a local government council shall take all lawful, necessary and reasonably practicable measures for preventing or causing to be prevented or remedied all conditions liable to be injurious or dangerous to health arising from the occupation of unhealthy dwellings or premises or from overcrowding or from the condition or manner of use of any factory or trade premises and to take proceedings under the law against any person causing or responsible for the continuance of such condition. Notwithstanding subsection (1) , except with the consent of the inspector appointed under the Occupational Safety and Health Act, no action shall be taken by the Authority or a local government council under this Part in respect of any factory premises if that action is likely to interfere with the condition or manner of use of any machinery or plant. - 53
Sanitation and housing - What constitutes nuisance
Lists specific conditions and objects that are legally deemed nuisances (e.g., filthy or verminous dwellings; foul drains, refuse, stagnant water; overgrown vegetation; unsafe buildings; defective water or sanitation facilities).
Section What constitutes nuisance Section The following shall be deemed to be nuisances liable to be dealt with in the manner provided in this Part— any dwelling or premises or part of the dwelling or premises which is or are in such a state or so situated or so dirty or so verminous or so damp as to be likely to be injurious or dangerous to health or which is or are liable to favour the spread of any infectious disease ; any street , road or any part thereof, any stream, pool, ditch, gutter, watercourse, sink, water tank, cistern, water closet, earth closet, privy, urinal, cesspool, soakaway pit, septic tank, cesspit, soilpipe, wastepipe, drain , sewer, garbage receptacle, dust bin, dung pit, refuse pit, slop tank, ash pit or manure heap, so foul or in such a state as to be offensive or to be likely to be injurious or dangerous to health; any growth of weeds, long grass, trees, undergrowth, hedge, bush or vegetation of any kind which is injurious or dangerous to health, and any vegetable that of itself is dangerous to children or others either by its effluvia or through its leaves, seeds, fruits or any part of it being eaten; any well or other source of water supply or cistern or other receptacle for water, whether public or private, the water from which is used or is likely to be for drinking for human beings or animals or for domestic use or for use in connection with the manufacture or preparation of any article of food intended for human or animal consumption, which is in a condition liable to render any such water injurious of dangerous to human or animal health; any noxious matter, or waste water, flowing or discharged from any premises , wherever situated, into any public street , or into the gutter or side channel of any street , or into any gulley, swamp or watercourse, irrigation channel or bed thereof not approved for the reception of the discharge; any collections of water, sewage, rubbish, refuse, ordure, or other fluid or solid substances which permit or facilitate the breeding or multiplication of animal or vegetable parasites of persons or domestic animals, or of insects or of other agents, which are known to carry such parasites or which may otherwise cause or facilitate the infection of persons or domestic animals by such parasites; any collection of water in any well, pool, gutter, channel, depression, excavation, barrel, tub, bucket, or any other article, and found to contain any of the immature stages of the mosquito; any cesspit, latrine , urinal, dung pit, or ash pit found to contain any of the immature stages of the mosquito; any stable, cowshed or other building or premises used for keeping of animals or birds which is so situated, used or kept as to be offensive or which is injurious or dangerous to health; any animal so kept as to be offensive or injurious to health; any accumulation or deposit of refuse, offal, manure or other matter which is offensive or which is injurious or dangerous to health; any accumulation of stones, timber or other material of any nature whatever, if such is likely to harbour rats or other vermin; any premises in such a state or condition and any building so constructed as to be likely to harbour rats or other vermin; any dwelling or premises which is so overcrowded as to be injurious or dangerous to the health of the inmates or is dilapidated or defective in lighting or ventilation, or is not provided with or is so situated that it cannot be provided with sanitary accommodation to the satisfaction of the Authority or a local government council; any public or other building which is so situated, used or kept as to be unsafe or injurious or dangerous to health; any occupied dwelling for which such a proper, sufficient and wholesome water supply is not available within a reasonable distance as in the circumstances it is possible to obtain; any factory or trade premises not kept in a clean state and free from offensive smell arising from any drain , privy, water closet, earth closet or urinal, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly lighted or ventilated as to be injurious or dangerous to the health of those employed in the factory or trade premises ; any factory or trade premises causing or giving rise to smells or effluvia which are injurious or dangerous to health; any area of land kept or permitted to remain in such a state as to be offensive, or liable to cause any infectious, communicable or preventable disease or injury or danger to health; any chimney sending forth smoke in such quantity or in such manner as to be offensive or injurious or dangerous to health; any cemetery, burial place, crematorium or other place of sepulture so situated or so crowded or otherwise so conducted as to be offensive or injurious or dangerous to health; any gutter, drain , shoot, stack pipe, downspout, water tank or cistern which by reason of its insufficiency or its defective condition causes damp in any dwelling ; any deposit of material in or on any building or lane which causes damp in any building so as to be dangerous or injurious to health; any dwelling , public building , trade premises , workshop or factory not provided with sufficient and sanitary latrines. - 54
Sanitation and housing - Author of nuisance
Defines 'author of a nuisance' as the person by whose act, default or sufferance the nuisance is caused, exists or is continued, whether owner, occupier, both, or any other person.
Section Author of nuisance Section The author of a nuisance means the person by whose act, default or sufferance the nuisance is caused, exists or is continued, whether the author is the owner or occupier or both owner and occupier or any other person. - 55
Sanitation and housing - Notice to remove nuisance
The Authority or a local government council may serve a notice requiring the author to abate a nuisance within the time specified; in some cases the notice must be served on the owner, or the Authority must remove the nuisance if the author cannot be found.
Section Notice to remove nuisance Section The Authority or a local government council, if satisfied of the existence of a nuisance, may serve a notice on the author of the nuisance, or, if the author cannot be found, then on the occupier or owner of the dwelling or premises on which the nuisance arises or continues, requiring the author to abate it within the time specified in the notice, and, if the Authority or a local government council thinks it desirable, but not otherwise, any work to be executed to abate or prevent a recurrence of the nuisance may be also specified in the notice; except that— where the nuisance arises from any want or defect of a structural character, or where the dwelling or premises are unoccupied, the notice shall be served on the owner ; where the author of the nuisance cannot be found or it is clear that the nuisance does not arise or continue by the act or default or sufferance of the occupier or owner of the dwelling or premises , the Authority or a local government council shall remove the nuisance and may do what is necessary to prevent recurrence of the nuisance. - 56
Sanitation and housing - Procedure in case owner fails to comply with notice
If a person served with a notice under section 55 fails to comply or the nuisance is likely to recur, the Authority or local government council may cause a complaint to be made to court; the court may order abatement, prohibit recurrence, impose works, issue a closing order, and may impose a fine not exceeding two hundred currency points.
Section Procedure in case owner fails to comply with notice Section If a person on whom a notice to abate a nuisance has been served under section 55 fails to comply with any of the requirements of the notice within the time specified, or if the nuisance although abated since the service of the notice is, in the opinion of the Authority or a local government council, likely to recur on the same premises , the Authority or a local government council may cause a complaint relating to the nuisance to be made before a court of competent jurisdiction; and the court may thereupon issue a summons requiring the person on whom the notice was served to appear before it. If a court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises , the court shall make an order on its author, or on the occupier or owner of the dwelling or premises , as the case may be, requiring the author, occupier or owner , as the case may be, to comply with all or any of the requirements of the notice or otherwise to abate the nuisance within a time specified in the order and to do any works necessary for that purpose; or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance. The court may by the order impose a fine not exceeding two hundred currency points on the person on whom the order is made and may also give directions as to the payment of all costs incurred up to the time of the hearing or making of the order for the removal of the nuisance. Before making any order, the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investigation or analysis in respect of the nuisance alleged has been made by some competent person. Where the nuisance proved to exist is such as to render a dwelling unfit, in the judgment of the court , for human habitation, the court may issue a closing order prohibiting its use as a dwelling , until in its judgment, the dwelling is fit for that purpose, and may further order that no rent shall be due or payable by or on behalf of the occupier of that dwelling in respect of the period in which the closing order exists; and on the court being satisfied that it has been rendered fit for use as a dwelling , the court may terminate the closing order and by a further order declare the dwelling habitable, and from the date thereof the dwelling may be let or inhabited. Notwithstanding an order declaring a dwelling habitable, further proceedings may be taken in accordance with this section in respect of the same dwelling if any nuisance occurs or if the dwelling is again found to be unfit for human habitation. - 57
Sanitation and housing - Penalties in relation to nuisances
Persons who disobey court orders to remove nuisances or who wilfully contravene a closing order are liable to fines (up to one hundred currency points per day); the Authority or local government council may enter premises, remove nuisances and recover expenses.
Section Penalties in relation to nuisances Section Any person who fails to obey an order by a court of competent jurisdiction to comply with the requirements of the Authority or a local government council or otherwise to remove the nuisance shall, unless that person satisfies the court that all diligence was used to carry out the order, be liable to a fine not exceeding one hundred currency points for every day during which the default continues. Any person wilfully acting in contravention of a closing order issued under section 56 is liable to a fine not exceeding one hundred currency points for every day during which the contravention continues. The Authority or a local government council may in a case under subsection (1) or (2) enter the premises to which the order relates and remove the nuisance and do whatever may be necessary in the execution of the order and recover in any competent court the expenses incurred from the person on whom the order is made. - 58
Sanitation and housing - Court may order Authority or local government council to execute works in certain cases
If the person responsible for a nuisance is unknown or cannot be found, the court may order the Authority or a local government council to carry out the required works; the cost of the works is a charge on the property where the nuisance exists.
Section Court may order Authority or local government council to execute works in certain cases Section Whenever it appears to the satisfaction of the court that the person by whose act or default the nuisance arises, or that the owner or occupier of the premises , is not known or cannot be found, the court may at once order the Authority or a local government council to execute the works directed by the order; and the cost of executing the works shall be a charge on the property on which the nuisance exists. - 59
Sanitation and housing - Provision in case of two orders for overcrowding relating to same house
If a court has twice within three months issued overcrowding orders for the same premises, the court may, on application by the Authority or a local government council, order the house to be closed for a period it deems necessary.
Section Provision in case of two orders for overcrowding relating to same house Section Where any court of competent jurisdiction has twice within a period of three months issued an order as specified in section 56(2) relating to overcrowding of the same premises or part of the same premises , the court may, on the application of the Authority or a local government council, order the house to be closed for such period as the court may deem necessary. - 60
Sanitation and housing - Persons jointly responsible for nuisances may be proceeded against
The Authority or a local government council may start proceedings against one or more persons for nuisances; persons proceeded against may recover proportionate costs from other responsible persons.
Section Persons jointly responsible for nuisances may be proceeded against Section Where any nuisance liable to be dealt with in the manner provided in this Part appears to be wholly or partly caused by the acts or defaults of two or more persons, the Authority or a local government council may institute proceedings against any one of the persons or may include all or any two or more of them in one proceeding, and any one or more of the persons may be ordered to abate the nuisance, so far as it appears to be caused by the act or default, of that person or their acts or defaults, or may be prohibited from continuing any acts or defaults which contribute to the nuisance, or may be fined or otherwise dealt with notwithstanding that the acts or defaults of any one of the persons would not separately have caused a nuisance; and the costs may be distributed as may appear to the court fair and reasonable. Proceedings under subsection (1) against several persons included in one complaint shall not abate by reason of the death of any of the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included. Where only some of the persons by whose act or default any nuisance has been caused or partly caused have been proceeded against under this Part, they shall, without prejudice to any other remedy, be entitled to recover from any other persons who were not so proceeded against and by whose act or default the nuisance was caused or partly caused a proportionate part of the costs of and incidental to the proceedings and abating the nuisance, and of any fine and costs ordered to be paid in such proceedings. - 61
Sanitation and housing - Notice to remove nuisance
If the Authority or local government finds premises to be a nuisance and repairs are unlikely to remove it, they may seek a court demolition order; the court may order the owner to demolish by specified dates, the court must notify occupiers to move, non‑compliance and entering after the fixed date are offences, the Authority/local government may carry out demolition and recover costs but must not pay compensation, and occupiers owe no rent from the demolition order date.
Section Notice to remove nuisance Section Where, in the opinion of the Authority or local government , a nuisance exists with respect to premises which, in its opinion, are so dilapidated or so defectively constructed or so situated that repairs to or alterations of the premises are not likely to remove the nuisance, the Authority or local government may apply to the court for a demolition order; and, on the court being satisfied that the nuisance exists, and that repairs to or alterations of the premises are not likely to remove the nuisance, the court may order the owner of the premises to commence to demolish the premises on or before a specified day, being at least one month from the date of issuing the order and to complete the demolition and to remove the materials which comprised the premises from the site before another specified day; but before a demolition order is made, notice of the application for the order shall be served on the owner of the premises who may attend and give evidence at the hearing of the application by the court . The court shall give notice to the occupier of premises in respect of which a demolition order has been issued requiring the occupier to move from the premises within a time to be specified in the notice, and if any person fails to comply with the notice or enters the premises , without lawful excuse, after the date fixed that person commits an offence. Where any person fails to comply with an order for demolition, the person commits an offence and is liable to pay the daily fine provided in section 57(2) ; and the Authority or local government council, as the case may be, may apply to court for an order for demolition and the Authority or local government council may recover from the owner the expense incurred in doing so, after deducting the net proceeds of the sale of the materials which the Authority or the local government may sell by auction. No compensation shall be paid by the Authority or local government to the owner or occupier of any premises in respect of its demolition under this section, and from the date of the demolition order no rent shall be due or payable by or on behalf of the occupier in respect of the premises . - 62
Sanitation and housing - Cost of execution of provisions relating to nuisances
Costs and expenses related to nuisances are treated as money owed to the person on whom an order is made or to the author of the nuisance when proved; the court can divide costs and, where authorities abate nuisances and no owner pays within six months, the court may order sale of premises and apply proceeds, with any balance payable to an owner who claims within two years.
Section Cost of execution of provisions relating to nuisances Section All reasonable costs and expenses incurred in serving a notice, making a complaint or obtaining a nuisance order, or in carrying the order into effect, shall be deemed to be money paid for the use and at the request of the person on whom the order is made; or, if no order is made but the nuisance is proved to have existed when the notice was served or the complaint made, then of the author of the nuisance. Such costs and expenses incurred in relation to any such nuisance may be recovered as a civil debt, and the court shall have power to divide the costs and expenses between the authors as to it may seem just. Where, in accordance with this Act, the Authority or a local government council has itself abated or removed a nuisance or done what is necessary to prevent its recurrence, if no owner or occupier of the premises can be found, or appears or pays the expenses incurred by the abatement or removal within six months after the completion of the removal or abatement of the nuisance, the court may order the premises upon which the work has been done, or any part of the premises , or any movable property found on the premises , to be sold by public auction, and the amount realised by the sale shall be applied in defraying the costs and expenses, and the balance, if any, paid over to the owner or occupier if the owner or occupier establishes claim to it within two years after the date of the sale, failing which the balance shall become part of the public revenue. - 63
Sanitation and housing - Examination of premises
The Authority or a local government council may enter and, if necessary, open up premises to examine for nuisances at all reasonable times; if no nuisance is found they must restore the premises at their own expense.
Section Examination of premises Section The Authority or a local government council may enter any building or premises for the purpose of examining as to the existence of any nuisance in the building or premises at all reasonable times; and the Authority or a local government council may if necessary open up the ground of the premises and cause the drains to be tested, or such other work to be done as may be necessary for the effectual examination of the premises ; but if no nuisance is found to exist, the Authority or a local government council shall restore the premises at its own expense. - 64
Sanitation and housing - Power of Minister to make rules
The Minister may make rules and may confer powers and impose duties on the Authority, local government councils, owners and others regarding inspection, cleaning, drainage, waste removal, animal keeping, control of factories and trade premises, lodging houses, and sanitary control of markets.
Section Power of Minister to make rules Section The Minister may make rules and may confer powers and impose duties in connection with the carrying out and enforcement of the rules on the Authority or the local government councils, owners and others as to— the inspection of land , dwellings, buildings, factories and trade premises , and for securing the keeping of them clean and free from nuisance and so as not to endanger the health of the inmates or the public health ; the regulation of the cleaning and painting of premises and the maintenance of the land attached to premises and the removal of refuse and waste matters from the premises ; the drainage of land , streets or premises , the disposal of offensive liquids and the removal and disposal of rubbish, refuse, manure and waste matters; the keeping of animals or birds and the construction, cleanliness and drainage of places where animals or birds are kept; the factories or trade premises which are liable to cause offensive smells or effluvia, or to discharge liquid or other material liable to cause such smells or effluvia, or to pollute streams, or are otherwise liable to be a nuisance or injurious or dangerous to health, and for prohibiting the establishment or carrying on of such factories or trade premises in unsuitable localities or so as to be a nuisance or injurious or dangerous to health; the inspection by the Authority or a local government council of any land or building within the jurisdiction of the Authority or local government council, as the case may be, with a view to ascertain whether the lands or buildings are in a state injurious or dangerous to health; the general control of trade premises , hotels and other lodging houses, for adequate ventilation and lighting, cleaning and for the provision of adequate sanitary appliances and other requirements, necessary for the protection of the health of the inhabitants, tenants or lodgers and the neighbouring inhabitants, as may be applicable; the sanitary control of markets and market buildings. The rules made under subsection (1)(g) shall be made in consultation with the Minister responsible for occupational safety and health and the Minister responsible for the environment.
Part V
Special provisions regarding certain epidemic diseases
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Special provisions regarding certain epidemic diseases - Administration of Part
The Government is responsible for controlling and managing epidemics, except when it delegates that responsibility to the Authority or local government, or when the Authority or local government requests and is allowed to take charge.
Section Administration of Part Section The Government shall be responsible for the control and management of epidemics except where the Government delegates the control and management to the Authority or local government or where the Authority or local government requests and is allowed to control and manage an epidemic. - 30
Special provisions regarding certain epidemic diseases - Epidemic diseases
The provisions of this Part apply to any disease that the Minister may, by statutory order, declare to be an epidemic disease for the purposes of this Part.
Section Epidemic diseases Section The provisions of this Part shall apply to any disease which the Minister may by statutory order declare to be an epidemic disease for purposes of this Part. - 31
Special provisions regarding certain epidemic diseases - Power of Minister to make rules for prevention of disease
When an area appears threatened by a disease declared an epidemic under section 30, the Minister may declare it infected by statutory order and make rules (covering many measures) to prevent, control or suppress infectious diseases; contravention of such rules is an offence punishable by a fine up to 150 currency points or imprisonment up to one year, or both.
Section Power of Minister to make rules for prevention of disease Section Whenever any part of Uganda appears to be threatened by any disease declared an epidemic disease under section 30 , the Minister may by statutory order declare that part an infected area and may make rules for all or any of the following purposes— for the speedy interment of the dead; for house to house visitation; for the provision of medical aid and accommodation, for the promotion ofcleansing, ventilation and decontamination and for guarding against the spread of disease; for preventing any person from leaving any infected area without undergoing all or any of the following: medical examination, decontamination, inoculation, vaccination or revaccination or passing a specified period in quarantine centre; for the formation of health facilities and quarantine centres, and for placing in them persons who are suffering from or have been in contact with persons suffering from infectious disease ; for the destruction or decontamination of buildings, furniture, goods or other articles, which have been used by persons suffering from infectious disease , or which are likely to spread the infection; for the removal of persons who are suffering from an infectious disease and persons who have been in contact with such persons; for the removal of corpses; for the destruction of rats, the means and precautions to be taken on shore or on board vessels for preventing them passing between vessels and from vessels to the shore or from the shore to vessels, and the better prevention of the danger of spreading infection by rats; for destruction of mosquitoes, the means and precautions to be taken in respect of aircraft arriving at or departing from Uganda and for preventing mosquitoes from passing from aircraft to land or from land to aircraft, and the better prevention of the danger of spreading infection by mosquitoes; for the regulation of health facilities used for the reception of persons suffering from an infectious disease and of quarantine centres; for the removal and decontamination of articles which have been exposed to infection; for prohibiting any person from living in any building or using any building for any purpose if, in the opinion of the medical officer or a person authorised by the medical officer , that use is liable to cause the spread of any infectious disease ; any rules made under this section may give a medical officer or a person authorised by the medical officer power to prescribe the conditions on which that building may be used; for any other purpose whether of the same kind or nature as the foregoing or not, having for its object the prevention, control or suppression of infectious diseases; for the compulsory medical examination of persons suffering or suspected to be suffering from infectious disease ; for the registration of residents in an infected area; for the registration of vehicles in an infected area; for the restriction of residence in, immigration to or emigration from, an infected area, A person who contravenes a rule made under this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding one year, or both. - 32
Special provisions regarding certain epidemic diseases - Minister may authorise Authority and local government councils to execute rules
The Minister may authorise the Authority and local government councils to execute rules, and may request them to execute, aid execution of, or perform acts necessary to mitigate an infectious disease.
Section Minister may authorise Authority and local government councils to execute rules Section The Minister may request the Authority or a local government council, as may be applicable, to execute the rules made under this Part or to aid in the execution of the rules or to do and provide all such acts, matters and things as may be necessary for mitigating an infectious disease . - 33
Special provisions regarding certain epidemic diseases - Power of Authority or local government council to enforce rules
The Authority, a local government council or a person authorised by them has power to enter premises, vehicles or vessels to execute or supervise rules made by the Minister under section 31 for purposes of section 32.
Section Power of Authority or local government council to enforce rules Section For the purposes of section 32 , the Authority or a local government council or any person duly authorised by the Authority or a local government council shall have power of entry on any premises , vehicle or vessel, for the purpose of executing or superintending the execution of any rules so made by the Minister under section 31 . - 34
Special provisions regarding certain epidemic diseases - Notification of sickness or mortality in animals suspected of any of the diseases notified under this Act
A person who becomes aware of unusual sickness or mortality among animals susceptible to the diseases notified under this Act must immediately report the fact to the Authority, a local government council, or any person duly authorised by them.
Section Notification of sickness or mortality in animals suspected of any of the diseases notified under this Act Section A person who becomes aware of any unusual sickness or mortality among any animals which are susceptible to any of the diseases notified under this Act, shall immediately report the fact to the Authority or to a local government council, as the case may be, or to any person duly authorised by the Authority or a local government council. A person who fails or neglects to report commits an offence and is liable, on conviction, to a fine not exceeding two hundred currency points or to imprisonment for a term not exceeding six months, or both. - 35
Special provisions regarding certain epidemic diseases - Report of notification of epidemic diseases
The Authority and a local government council must immediately report to the Director General of Health Services particulars of every notification of cases or suspected cases of epidemic disease, or unusual animal sickness or mortality (made under section 34).
Section Report of notification of epidemic diseases Section The Authority and a local government council shall immediately report to the Director General of Health Services, particulars of every notification received by the Authority or local government council of every case or suspected case of any epidemic disease, or of any unusual sickness or mortality in animals made under section 34 .
Part VI
Prevention of introduction of infectious diseases
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Prevention of introduction of infectious diseases - Powers to enforce precautions at borders
The Minister may, by statutory order, regulate, restrict or prohibit persons and the introduction of animals or articles into Uganda and impose medical measures; contravention is an offence punishable by fines or imprisonment; corporate bodies face higher fines.
Section Powers to enforce precautions at borders Section For the purpose of preventing the introduction of infectious disease into Uganda, the Minister may by statutory order— regulate, restrict or prohibit the entry into Uganda or any part of Uganda, of any person or of persons of any specified class or description or from any specified country, locality or area; regulate, restrict or prohibit the introduction into Uganda or any specified part of Uganda of any animal, article or thing and regulate the inspection, isolation , quarantine and decontamination of any animal, article or thing; impose requirements or conditions as regards the medical ■ examination, detention, quarantine, decontamination, vaccination , isolation or medical surveillance or otherwise of persons entering, or the examination, detention or decontamination or otherwise of such persons as aforesaid or of articles or things introduced into Uganda or any part of Uganda. A person who contravenes any statutory order made under this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding one year, or both. Where the offence is committed by a body corporate, the body corporate shall be liable to a fine not exceeding two thousand five hundred currency points.
Part VII
Vaccination
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Vaccination - Definition of “vaccinator”
Defines “vaccinator” to include the medical officer, a medical practitioner, and any person assigned by the Director General of Health Services or a medical officer to be a vaccinator.
Section Definition of “vaccinator” Section For the purposes of this Part “vaccinator” means the medical officer , and a medical practitioner and includes a person assigned by the Director General of Health Services or a medical officer , to be a vaccinator. - 38
Vaccination - Vaccination of children
Parents of children resident in Uganda must have their children vaccinated against diseases declared immunisable by the Minister; vaccinators must issue certificates when a child is unfit, issue vaccination cards after vaccination and sign them each time; parents must present and keep the vaccination card for at least fifteen years.
Section Vaccination of children Section Subject to subsection (2) , a parent of a child who is resident in Uganda, shall have the child vaccinated against any disease declared to be an immunisable disease by the Minister , by statutory instrument and the vaccination under this section shall be conducted at no cost. Where the vaccinator is of the opinion that a child is not in a fit state to be vaccinated, the vaccinator shall issue in respect of that child , a certificate to that effect and indicate, where applicable, the date at which the child is to be vaccinated. A vaccinator shall, immediately after the vaccination of the child mentioned in subsection (1) , issue to the parent of the child , a vaccination card in the prescribed form which form shall be presented by the parent each time the child is due for vaccination . The vaccination card issued under subsection (3) shall be signed by the vaccinator every time the child is vaccinated. A parent of a child to whom a vaccination card has been issued shall keep it for at least fifteen years. - 39
Vaccination - Certificate to be given to adult not fit for vaccination
A vaccinator must issue a certificate stating an adult is not fit for vaccination or revaccination, and, where applicable, state the date for vaccination or revaccination.
Section Certificate to be given to adult not fit for vaccination Section Where a vaccinator is of the opinion that any adult is not in a fit state to be vaccinated or revaccinated, the vaccinator shall issue in respect of that adult , a certificate stating that that adult is not fit for vaccination or revaccination and where applicable, the date at which the adult is to be vaccinated or revaccinated. - 40
Vaccination - Certificate to be given for successful vaccination
Vaccinators or medical practitioners who vaccinate an adult or child must give that person (or the child's parent/guardian) a certificate in the prescribed form certifying successful vaccination.
Section Certificate to be given for successful vaccination Section Every vaccinator or medical practitioner who has vaccinated any adult or child , shall deliver to that adult or to the parent or guardian of that child a certificate in the prescribed form, certifying that the adult or child has been successfully vaccinated. - 41
Vaccination - Vaccination of inmates of institutions
Superintendents or persons in charge of specified institutions must, where practicable, vaccinate new inmates within fourteen days of admission if they cannot prove vaccination in the past three years; if unfit at admission, vaccinate as soon as fit.
Section Vaccination of inmates of institutions Section Every superintendent or person in charge of a leper asylum, mental health facility, chronic sick health facility, gaol, prison, reformatory or other similar institution shall where practicable, cause to be vaccinated within fourteen days following his or her admission to the institution every inmate of the institution who, being in a fit state of health to undergo vaccination , fails to prove satisfactorily that he or she has been successfully vaccinated within the three years immediately preceding; if that person is at the time unfit to undergo vaccination , he or she shall be vaccinated as soon as he or she is so fit. - 42
Vaccination - Admission for education
Schools and daycare admission staff must not admit a child unless the parent or guardian produces a vaccination card; parents must produce vaccination documentation (with an alternative requirement if a medical vaccinator's certificate is provided); admission staff must keep a copy of each admitted child's vaccination card.
Section Admission for education Section Subject to subsection (2) , a head teacher or any other person responsible for admission of a child to a— daycare centre; pre-primary school ; or primary school , shall not admit a child unless a vaccination card certifying that the required vaccinations were given to the child is produced to him or her by the parent or guardian of that child . Where a parent of a child produces a certificate signed by a vaccinator certifying that vaccination against any of the immunisable diseases is not advisable on medical grounds, a vaccination card shall be produced by the parent showing that the child has undergone vaccination with respect to other immunisable diseases. A person responsible for admission of a child under subsection (1) shall keep a copy of a vaccination card of every child who is admitted to daycare centre, pre-primary or primary education. - 43
Vaccination - Penalties
Contravening section 38(1) or section 42(1) is an offence punishable by a fine up to fifty currency points, imprisonment up to three months, or both.
Section Penalties Section Aperson who contravenes section 38(1) or section 42(1) commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding three months, or both. - 44
Vaccination - Mass vaccination and revaccination
The Minister must publish a notice requesting specified persons to be vaccinated or revaccinated and must notify the relevant Authority or local government within seventy-two hours of making that request.
Section Mass vaccination and revaccination Section In the event of the occurrence or threatened outbreak of any disease in Kampala Capital City or any district or where it is necessary to conduct vaccination or revaccination in Kampala Capital City or any district for all the residents of Kampala Capital City or any district or for a specified category of persons— the Minister shall by notice in the Gazette , a copy of which shall be posted in a newspaper of wide circulation in Kampala Capital City or the affected district, request all persons specified in the notice, to be vaccinated or revaccinated; and the Minister shall within seventy-two hours of making the request in paragraph (a) , notify the Authority or local government under whose jurisdiction the request has been made. - 45
Vaccination - Power to make rules
The Minister may make rules concerning vaccination, including prescribing forms and duties, conferring powers, and requiring vaccination for persons entering Uganda.
Section Power to make rules Section The Minister may make rules— prescribing forms of certificates, notices, returns and books of record to be used in connection with public vaccination , and defining the information to be furnished in them, and requiring the furnishing and prescribing the manner of their use by registrars of births, vaccinators, the Authority or the local government councils, medical practitioners, parents or guardians of children, persons in charge of schools, employers of labour and others; conferring powers and imposing duties, in connection with the carrying out or enforcement of vaccination , on magistrates, administrative officers, members of a police force, or other Government officers, the Authority or the local government councils, persons in charge of schools, employers of labour, chiefs, headmen of locations and others; prescribing and defining the duties, in connection with vaccination , of medical practitioners and vaccinators employed by the Government; as to the application and enforcement of this Part to persons entering Uganda whether by land , water or air, and for requiring, where deemed necessary, the vaccination or re- vaccination of any person before entering; and generally for better carrying out the provisions and attaining the objects and purposes of this Part. - 46
Vaccination - Conditions for vaccination or revaccination
The Minister may not require vaccination or revaccination of any person unless certain safety, provision and access conditions are met; the Minister must issue rules by statutory instrument about vaccine accessibility and administration for other immunisable diseases of public health interest.
Section Conditions for vaccination or revaccination Section The Minister shall not require any person to be vaccinated or revaccinated unless— the vaccine to be administered is approved by the National Drug Authority and is safe for the health of the person required to be vaccinated or revaccinated; Government has provided the vaccine and other related services free of charge to the person; and Government has ensured that the person required to be vaccinated or revaccinated has access to the vaccines. The Minister shall, by statutory instrument, issue rules regarding the accessibility to and administration of vaccines for other immunisable diseases of public health interest. - 47
Vaccination - Misleading information about vaccines
Individuals are prohibited from making or publishing misleading statements or information about the use or effect of any vaccine.
Section Misleading information about vaccines Section A person shall not make, cause to be made, or publish any misleading statement or information regarding the use or effect of any vaccine . A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding six months, or both.
Part VIII
Non-communicable diseases
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Non-communicable diseases - Health promotion and awareness
The Minister must adopt a preventive approach to disease control, must make regulations by statutory instrument to institutionalise health promotion and awareness in the public domain, and the Government must, where applicable, make financial provisions for national health and wellness programmes.
Section Health promotion and awareness Section In the implementation of this Act, the Minister shall adopt a preventive approach to disease control. The Minister shall, by statutory instrument, make regulations to institutionalise health promotion and awareness in the public domain. Where applicable, the Government shall make financial provisions for the promotion of national health and wellness programmes. - 49
Non-communicable diseases - Collaboration with other entities
The Minister has the power to require ministries, government departments or agencies, or any person to institute mechanisms and implement the Act for prevention and control of non-communicable diseases.
Section Collaboration with other entities Section In the implementation of this Act, the Minister shall have power to require any Ministry, department or agency of Government or any person to institute mechanisms and implement this Act to give full effect to the prevention and control of non-communicable diseases.
Part XI
Prevention and destruction of mosquitoes
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Prevention and destruction of mosquitoes - Breeding places of mosquitoes to be nuisances
Defines categories of places that are nuisances because they permit mosquito breeding, listing collections of water, wells, pools, gutters, containers, cesspits, latrines, urinals, dung-pits and ash-pits found to contain immature mosquito stages.
Section Breeding places of mosquitoes to be nuisances Section For the purposes of this Part— any collection of water, sewage, rubbish, refuse, ordure or other fluid or solid substance, which permits or facilitates the breeding or multiplication of animal or vegetable parasites of human beings or domestic animals, or of insects or of other agents which are known to carry such parasites or which may otherwise cause or facilitate the infection of human beings or domestic animals by such parasites; any collection of water in any well, pool, gutter, channel, depression, excavation, barrel, tub, bucket or any other article, found to contain any of the immature stages of the mosquito; any cesspit, latrine , urinal, dung-pit or ash-pit found to contain any of the immature stages of the mosquito, - 69
Prevention and destruction of mosquitoes - Yards to be kept free from bottles, whole or broken, etc.
Occupiers or owners must keep premises free of containers and similar items that can hold water.
Section Yards to be kept free from bottles, whole or broken, etc. Section The occupier or owner of any premises shall keep the premises free from all bottles, whole or broken, whether fixed on walls or not, tins, boxes, calabashes, earthenware vessels, shells or any other articles, and trees, standing or fallen, which are kept so that they are likely to retain water. Any occupier or owner of any premises failing to comply with subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding ten currency points. - 70
Prevention and destruction of mosquitoes - Clearance of bush or long grass
No person shall permit premises or land they own or control within a municipality or town to become overgrown with bush or long grass likely to harbour mosquitoes; an owner or occupier who contravenes this commits an offence and faces fines on conviction.
Section Clearance of bush or long grass Section No person shall, within a municipality or town , permit any premises or lands owned or occupied by that person or over which that person has control to become so overgrown with bush or long grass as, in the opinion of the municipal council or town council, as the case may be, to be likely to harbour mosquitoes. An owner or an occupier who contravenes subsection (1) , commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points and to a further fine not exceeding one currency point for each day on which the offence continues after conviction. - 71
Prevention and destruction of mosquitoes - Wells, etc. to be covered
It is unlawful for any person, and for occupiers or owners of premises, to keep or allow uncovered collections of water in vessels unless they are fitted with sufficient covers that prevent mosquito ingress to the satisfaction of the Authority or the local government council.
Section Wells, etc. to be covered Section It shall not be lawful for any person to keep, or for the occupier or owner of any premises to allow to be kept on the premises , any collection of water in any well, barrel, tub, bucket, tank, or other vessel intended for the storage of water, unless the well, barrel, tub, bucket, tank or other vessel is fitted with a sufficient cover, the cover to be kept in good repair and properly protected or screened to the satisfaction of the Authority or the local government council so as to prevent the ingress of mosquitoes into the same. A person who contravenes subsection (1) , commits an offence and is liable, on conviction, to a fine not exceeding two hundred fifty currency points and to a further fine not exceeding fifty currency points for each day on which the offence continues after conviction. - 72
Prevention and destruction of mosquitoes - Cesspits to be screened or protected
The occupier or owner of premises with a cesspit must have the cesspit protected or screened to the satisfaction of the Authority or local government council to prevent mosquitoes; contravention is an offence attracting fines.
Section Cesspits to be screened or protected Section The occupier or owner of any premises upon or attached to which is any cesspit shall cause the cesspit to be properly protected or screened to the satisfaction of the Authority or the local government council so as to prevent the ingress of mosquitoes. A person who contravenes subsection (1) , commits an offence and is liable, on conviction, to a fine not exceeding two hundred fifty currency points and to a further fine not exceeding fifty currency points for each day on which the offence continues after conviction. - 73
Prevention and destruction of mosquitoes - Larvae, etc. may be destroyed
The Authority or a local government council may immediately destroy mosquito larvae and take measures to prevent breeding where immature mosquitoes are found in water or containers.
Section Larvae, etc. may be destroyed Section Where any of the immature stages of the mosquito are found on any premises in any collection of water in any cesspit, well, pool, channel, barrel, tub, bucket, tank or any other vessel, or any bottle, whole or broken, whether fixed on a wall or not, tin, box, calabash, shell or any other article, or in a tree, fallen or standing, the Authority or a local government council, as the case may be may take immediate steps to destroy the immature stages of the mosquito by the application of oil or larvicide, or otherwise, and to take such action as is necessary to prevent the recurrence of the nuisance and to render any pools or collections of water unfit to become breeding places for mosquitoes.
Part XII
Protection of foodstuffs
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Protection of foodstuffs - Construction and regulation of buildings used for storage of foodstuffs
Owners must repair and alter warehouses or buildings used for storing foodstuffs when defective; the Authority or local government council may require repairs by notice, and if not complied with may enter, repair, seal or recover costs; owners must follow written instructions when a medical officer of health considers foodstuffs insufficiently protected.
Section Construction and regulation of buildings used for storage of foodstuffs Section A warehouse or building used for, or to be used for, the storage of foodstuffs, for trade or public consumption, shall be constructed with materials and in a manner that renders the warehouse or building verminproof. Where any warehouse or building intended for the storage of foodstuffs as provided in subsection (1) has fallen into a state of disrepair, or does not afford sufficient protection against rat invasion or contamination by any agent on account of its design or construction by reason of the materials used being defective, the Authority or local government council may by written notice require the owner to effect such repairs and alterations as the notice shall prescribe within a time to be specified in that notice, and if the requirement is not complied with, the Authority or local government council, as the case may be, may seize and seal the premises or enter upon the premises and effect such repairs and alterations, and may recover all costs and expenses incurred from the owner . Where, in the opinion of a medical officer of health, the foodstuffs within a warehouse or building are insufficiently protected against rats, vermin, or pollution, the owner of the warehouse or building shall observe all written instructions and directions of the Authority or a local government council within a time to be specified in the notice for the better protection of the foodstuffs. - 75
Protection of foodstuffs - No person shall reside or sleep in any room in which foodstuffs are stored, etc.
No person shall reside or sleep in any room (including kitchens) where foodstuffs are prepared, stored or exposed for sale; medical officers may serve notices to prevent such use, and failure to comply is an offence punishable by fines.
Section No person shall reside or sleep in any room in which foodstuffs are stored, etc. Section No person shall reside or sleep in any kitchen or room in which foodstuffs for sale are prepared or stored for sale. If it appears to a medical officer or a person authorised by the medical officer that any kitchen or room is being used contrary to the provisions of this section, or that any part of the premises adjoining the room in which foodstuffs are stored or exposed for sale is being used as a sleeping apartment under such circumstances that the foodstuffs are likely to be contaminated or made unwholesome, he or she may serve upon the offender or upon the owner of the house or upon both a notice calling for such measures to be taken as shall prevent the improper use of the kitchen and premises within a time to be specified in the notice, and if the notice is not complied with, the party upon whom it was served commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points and to a further fine not exceeding fifty currency points for each day on which the offence continues after conviction.
Part XIII
Water and food supplies
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Water and food supplies - Duty of Authority or local government councils as to polluted water supplies
The Authority or a local government council must take all lawful, necessary and reasonably practicable measures to prevent and purify polluted water supplies used by the public and may take measures, including legal proceedings, against persons polluting those supplies or streams.
Section Duty of Authority or local government councils as to polluted water supplies Section It shall be the duty of the Authority or a local government council, as the case may be to take all lawful, necessary and reasonably practicable measures— for preventing any pollution dangerous to health of any supply of water which the public within its jurisdiction has a right to use and does use for drinking or domestic purposes, whether the supply is derived from sources within or beyond its jurisdiction; and for purifying any such supply which has become so polluted, and to take measures, including, if necessary, proceedings at law, against any person so polluting any such supply or polluting any stream so as to be a nuisance or danger to health. - 77
Water and food supplies - Minister may make rules
The Minister may make rules on a range of public-health and food-safety matters listed in the section.
Section Minister may make rules Section Without prejudice to the generality of subsection (1) , the Minister may make rules regarding any of the following matters— The Minister may make rules for the preservation of health or the prevention of disease. the inspection and examination of, and the regulation, inspection and supervision of, the manufacture, preparation, storage, keeping and transmission of any article of food intended for sale or for export from Uganda and the prohibition of the manufacture, preparation, storage, keeping, transmission, sale or export from Uganda of any such article which is, or contains, an ingredient which is diseased or unsound or unfit for human consumption, or which has been exposed to any infection or contamination; the establishment, locality, supervision, equipment, maintenance and management of slaughter-houses and places in which animals awaiting slaughter are kept and the disposal of the waste products of slaughtering and the inspection of slaughter-houses and the animals in them, and prohibiting, restricting or regulating the slaughtering of animals; the preparation, manufacture or importation and the storage and sale of or trade in articles of food which are packed in airtight receptacles or are otherwise preserved, and the marking of any such article or receptacle with the date of manufacture or preparation; the licensing, regulation and inspection of hotels, restaurants, cafes, eating-houses and lodging houses; the regulation of the preparation and sale of food by hawkers; the licensing, regulation and inspection of the manufacture preparation, storage and transmission of any liquid and semi liquid articles of food ; the licensing, regulation and inspection of the premises of hairdressers; the licensing, regulation and inspection of the premises of butchers and retailers of meat; the licensing, regulation and inspection of bake-houses and bakeries; the licensing, regulation and inspection of laundries, washhouses and dry cleaners; the regulation, inspection, and control of cemeteries and crematoria; the disposal and burial of corpses and the licensing, regulation and inspection of mortuaries, funeral homes and services; the fixing of fees and the prescribing of forms in regard to any matters prescribed. - 78
Water and food supplies - Powers of medical officer for protection of public health
A medical officer may require medical examination of persons involved with food intended for sale and may prohibit employment of persons proved to carry an infectious disease.
Section Powers of medical officer for protection of public health Section A medical officer may, if he or she considers it necessary for the protection of the public health — require the medical examination of any person in any premises in which any article of food which is intended for sale is collected, kept, sold or exposed for sale, or of any person who is or has been engaged in the collection, preparation, keeping, conveyancing or distribution of any article of food ; or prohibit the employment of any person in connection with the collection, preparation, storage, distribution or sale of any article of food , where that person is proved to be a carrier of an infectious disease . - 79
Water and food supplies - Minister may make orders
The Minister may issue a statutory order closing restaurants, markets, wholesale or retail outlets, or butcher shops if food sold there is believed or liable to convey an infectious disease.
Section Minister may make orders Section The Minister may make a statutory order closing any restaurant, market, wholesale outlet, retail outlet or butcher shop, where any article of food sold at the restaurant, market, wholesale outlet, retail outlet or butcher shop, as the case may be, is believed to have conveyed or to be liable to convey any infectious disease .
Part XIV
Cemeteries
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Cemeteries - Cemeteries to be appointed
The Minister may, by statutory instrument, select and appoint places to be cemeteries or crematoria for municipalities and towns.
Section Cemeteries to be appointed Section The Minister may select and appoint, by statutory instrument, sufficient and proper places to be the sites of and to be used as cemeteries or crematoria for municipalities and towns; and it shall be an offence, where such cemeteries or crematoria exist, to bury or bum the dead elsewhere within the municipality or town . - 81
Cemeteries - Authorised cemeteries
All currently used cemeteries and other cemeteries authorised by the Minister are deemed authorised cemeteries; authorised cemeteries remain authorised until the Minister prescribes otherwise.
Section Authorised cemeteries Section All cemeteries now being used as such and such other cemeteries as may be authorised by the Minister shall be deemed authorised cemeteries. Where a cemetery is authorised under subsection (1) , the cemetery shall remain so authorised until the Minister prescribes otherwise. - 82
Cemeteries - Permit to exhume
Exhumation of a body is prohibited without a permit; permits may be granted by the court and only to certain persons; failure to comply can incur a fine of up to twenty-five currency points; a magistrate retains the right to order exhumation for an inquiry.
Section Permit to exhume Section Subject to this Act, it shall not be lawful to exhume any body or the remains of any body which may have been interred in any authorised cemetery or in any other cemetery, burial ground or other place without a permit granted in the following manner— the permit shall be granted only to the legal personal representative or next of kin of the person buried, or to his or her or their duly authorised agent; the permit may be granted by court in respect of any body or the remains of any body interred in any cemetery or burial ground or any other place. Court may prescribe such precautions as the court may deem fit as the condition of the grant of the permit, and any person who exhumes any body or the remains of any body contrary to this Act, or who neglects to observe the precautions prescribed as the condition of the permit, is liable to a fine not exceeding twenty-five currency points. Nothing in this section shall be deemed to affect the right of a magistrate to order the exhumation of a body or the remains of any body for the purpose of holding an inquiry into the cause of death of any person. - 83
Cemeteries - Exhumation needed for execution of public works may be ordered
The Minister may order removal of a body or remains for public works and must ensure proper re-interment and re-erection of monuments; two months’ Gazette notice is required for graves in authorised cemeteries.
Section Exhumation needed for execution of public works may be ordered Section The Minister may, whenever he or she deems it expedient for the execution of any public work or any public purpose, order removal of any body or the remains of any body from any grave whether in an authorised cemetery or elsewhere, and by order under his or her hand direct the removal to be made in such manner as the Minister shall consider fit. No such order shall be made in respect of any grave situated in an authorised cemetery until two months’ notice of the intention to make it shall have been given by notification in the Gazette . Copies of the notice under subsection (2) shall be posted at or near the grave, and copies shall be sent by post in a registered letter to the legal personal representative or next of kin of the person buried, if his or her or their address can be ascertained. The copies sent under subsection (3) shall be accompanied by a translation in the language of the race to which the deceased person belonged. When an order is made under subsection (1) directing a removal from any grave elsewhere than in an authorised cemetery, due notice of the order shall, so far as it is possible to do so, be given to the legal representative or next of kin of the person buried before the work of removal is undertaken and to the Authority or a local government council of the area in which the grave is situated. The Minister shall cause proper and fitting arrangements to be made for the re-interment of any body or remains of any body removed under this section, and for the removal and re-erection of any monument, all charges in connection therewith being defrayed out of the public revenue. - 84
Cemeteries - Government’s obligation in public health services
The Government must provide and ensure access to basic health services and protections for women, children and persons with disabilities.
Section Government’s obligation in public health services Section The Government shall— take all practical measures to ensure the provision of basic medical services to the population; ensure that all Ugandans have access to health services; provide health facilities and opportunities necessary to enhance the welfare of women to enable the women realise their full potential and advancement; ensure that no child is deprived of medical treatment for any reason; and take appropriate measures to ensure that persons with disabilities realise their full mental and physical potential.
Part XV
Miscellaneous
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Miscellaneous - Proceedings against several persons
If proceedings under the Act are competent against several persons for a joint act or default, it is sufficient to proceed against one or more of them without proceeding against the others.
Section Proceedings against several persons Section Where proceedings under this Act are competent against several persons in respect of the joint act or default of those persons, it shall be sufficient to proceed against one or more of them without proceeding against the others. - 101
Miscellaneous - General power of Minister to make rules
The Minister may make rules to carry out the Act and shall make rules under subsection (1) in consultation with other Ministers connected with public health.
Section General power of Minister to make rules Section The Minister may make rules generally for carrying out the purposes of this Act. The Minister shall make rules under subsection (1) in consultation with other Ministers connected with the promotion of public health . - 102
Miscellaneous - Power to amend Schedule
The Minister responsible for finance may amend the Schedule to this Act by statutory instrument with the approval of Cabinet.
Section Power to amend Schedule Section The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act. - 85
Miscellaneous - Authentication of notices, etc.
Certain documents required or authorised by the Act may be signed or authenticated by an officer authorised in writing by the Authority or a local government; the Minister may, by rule, prescribe the form of such documents.
Section Authentication of notices, etc. Section Any notice, order, consent, demand, complaint or other document which is required or authorised by or under this Act may be signed or authenticated by an officer so authorised, in writing, by the Authority or a local government , as the case may be, to sign documents of the particular kind or the particular document, as the case may be. The Minister may by rule prescribe the form of any notice, order, consent, demand or other document to be used for any of the purposes of this Act, and if forms are so prescribed those forms or forms to a like effect may be used in all cases to which those forms are applicable. - 86
Miscellaneous - Service of notices, etc.
Notices, court summonses, orders or other documents required or authorised under the Act may be served by delivering them at the residence of the addressee; if addressed to an owner or occupier of premises, by delivering or leaving a true copy with a person on the premises or, if nobody can be served there, by fixing it on a conspicuous part of the premises; where those means fail, service may be effected by publishing the notice in a widely circulated Ugandan newspaper or using the person's electronic address; proof of service is sufficient by showing the document was properly addressed and served.
Section Service of notices, etc. Section Any notice, court summons, order to other document required or authorised or be served or issued under this Act may be served by delivering it at the residence of the person to whom it is addressed, or, where it is addressed to the owner or occupier of premises , by delivering it, or a true copy of it, to some person on the premises , or, if there is no person on the premises who can be served, by fixing it on some conspicuous part of the premises ; and where efforts to effect service using these means fail, notice may be served by publication of the notice in a newspaper of wide circulation in Uganda or using the electronic address of the person to be served and in proving that service it shall be sufficient to prove that the notice, court summons, order or other document was properly addressed and served. - 87
Miscellaneous - Defect in form not to invalidate notices, etc.
A defect in the form of a notice or order made under this Act does not invalidate administrative actions or provide grounds to challenge related legal proceedings if the requirements are substantially and intelligibly set forth.
Section Defect in form not to invalidate notices, etc. Section No defect in the form of any notice or order made under this Act shall invalidate or render unlawful any administrative action taken or be a ground for exception to any legal proceedings which may be taken in the matter to which the notice or order relates, provided the requirements thereof are substantially and intelligibly set forth. - 88
Miscellaneous - Powers of entry and inspection of premises and penalties for obstruction
Authorized officers may enter land or premises for inspections at reasonable hours; obstructing or refusing access or giving false information is an offence punishable by a fine not exceeding one hundred fifty currency points.
Section Powers of entry and inspection of premises and penalties for obstruction Section Any person with powers of entry and inspection of premises under this Act and a person authorised, in writing, by a person with powers of entry and inspection, may, at any hour reasonable for the proper performance of the duty, enter any land or premises to make any inspection or to perform any work or to do anything which is required or authorised by this Act, if the inspection, work or thing is necessary for or incidental to the performance of his or her duties or the exercise of his or her powers. Any person who fails to give or refuses access to any officer, inspector or person mentioned in or authorised under subsection (1) , if he or she requests entrance on any land or premises , or obstructs or hinders him or her in the execution of his or her duties under this Act, or fails or refuses to give information that may lawfully be required to be given to that officer, inspector or person, or gives to that officer, inspector or person false or misleading information knowing it to be false or misleading, or prevents the owner or any of his or her servants or workers from entering any land or dwelling or premises for the purpose of complying with any requirement under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points. - 89
Miscellaneous - Closure of premises by local governments
A local government may seal premises that are open in contravention of this Act or rules made under this Act.
Section Closure of premises by local governments Section A local government may seal premises that are open in contravention of this Act or rules made under this Act. - 90
Miscellaneous - Appeals against, and enforcement of, notices requiring execution of works
A person served with a notice requiring works may appeal; appellants must serve copies of the notice of appeal on other referred persons; appeals must be brought within twenty-one days of service.
Section Appeals against, and enforcement of, notices requiring execution of works Section A person served with such a notice as aforesaid may appeal in the manner provided in this section on any of the following grounds which are appropriate in the circumstances of the particular case— The following provisions of this section shall, subject to any express modifications specified in the section under which the notice is given, apply with respect to appeals against, and the enforcement of, notices requiring the execution of works under this Act. Any such notice shall indicate the nature of the works to be executed, and state the time within which they are to be executed. that the notice or requirement is not justified by the terms of the law under which it purports to have been given or made; that there has been some defect or error in, or in connection with, the notice; that the works required by the notice to be executed are unreasonable in character or extent; that the time within which the works are to be executed is not reasonably sufficient for the purpose; that the notice might lawfully have been served on the occupier of the premises in question instead of on the owner , or on the owner instead of on the occupier , and that it would have been equitable for it to have been so served. If and insofar as an appeal under this section is based on the ground of some informality, defect or error in or in connection with the notice, the appeal shall be dismissed, if it is shown that the informality, defect or error was not a material one. Where the grounds upon which an appeal under this section is brought include a ground specified in subsection (3)(e) , the appellant shall serve a copy of the notice of appeal on each other person referred to, and in the case of any appeal under this section may serve a copy of the notice of appeal on any other person having an estate or interest in the premises in question; and on the hearing of the appeal an order may be made with respect to the person by whom any work is to be executed or as to the proportions in which any expenses which may become recoverable by the authority are to be borne by the appellant and such other person. In the exercise of the powers conferred by subsection (5) , regard shall be had as between an owner and an occupier , to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works required. An appeal under this section shall be preferred in the cases of notices issued by the Authority or a local government council, as the case may be, to a court over which presides a chief magistrate or a magistrate grade I exercising jurisdiction in the place where the premises are situated, in pursuance of any rules made in that behalf by the Chief Justice with the prior approval of the Minister . The time within which any such appeal may be brought shall be twenty-one days from the date on which notice requiring the works was served upon the person desiring to appeal. - 91
Miscellaneous - Execution of works
If a person served with a notice does not carry out required works within the time specified, the Authority or a local government council may carry out the works, recover the reasonable expenses from that person, and the person is guilty of an offence punishable by a fine up to two hundred currency points and a further fine up to fifty currency points for each day the default continues after conviction.
Section Execution of works Section Subject to a right of appeal, if the person required by the notice to execute works fails to execute the works indicated within the time limited by the notice, the Authority or a local government council may itself execute the works and recover from that person the expenses reasonably incurred by it in so doing and, without prejudice to its right to exercise that power, the person commits an offence and is liable, on conviction, to a fine not exceeding two hundred currency points, and to a further fine not exceeding fifty currency points for each day on which the default continues after the conviction. In proceedings by the Authority or a local government council against the person served with the notice for the recovery of any expenses which the Authority or local government council is entitled to recover from that person, it shall not be open to that person to raise any question which could have been raised on an appeal against the notice. - 92
Miscellaneous - Certain expenses recoverable from owners to be charge on premises; power to accept payment by instalments
The Authority or a local government council may recover expenses and interest from the owner and these expenses shall be a charge on the premises until recovered.
Section Certain expenses recoverable from owners to be charge on premises; power to accept payment by instalments Section Where the Authority or a local government council has incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable under this Act or by agreement with the Authority or a local government council, those expenses, together with interest from the date of service of a demand for the expenses, may be recovered by the Authority or a local government council from the person who is the owner of the premises at the date when the works are completed, or, if that person has ceased to be the owner of the premises before the date when a demand for the expenses is served, either from that person or from the person who is the owner at the date when the demand is served; and, as from the date of the completion of the works, the expenses and interest accrued due on the works shall, until recovered, be a charge on the premises and on all estates and interests in the premises . - 93
Miscellaneous - Recovery of expenses, etc.
Sums that the Authority or a local government council is entitled to recover under this Act may be recovered either summarily as a civil debt or as a simple contract debt in any competent court; the limitation period for summary proceedings is reckoned from service of a demand unless another provision says otherwise.
Section Recovery of expenses, etc. Section A sum which the Authority or a local government council is entitled to recover under this Act and with respect to the recovery of which no other provision is made may be recovered either summarily as a civil debt, or as a simple contract debt, in any court of competent jurisdiction. The time within which summary proceedings may be taken for the recovery of any such sums shall, except where otherwise expressly provided, be reckoned from the date of the service of a demand for the recovery of the sums. - 94
Miscellaneous - Protection of Authority and local governments and employees from personal liability
Members of the Authority's council, persons acting under the Authority or a local government, and employees are protected from being held personally liable for actions done in good faith to execute the Act.
Section Protection of Authority and local governments and employees from personal liability Section No matter or thing done by the Authority or a local government or by a member of the council of the Authority or a local government or by any person acting under the direction of the Authority or a local government , shall, if the matter or thing is done in good faith, for the purpose of executing this Act, subject the member of the council or the person acting under the direction of the Authority or a local government to any liability. - 95
Miscellaneous - Penalties where not expressly provided
Any person who commits an offence, contravenes, or defaults under this Act is liable on conviction, where no penalty is provided, to a fine not exceeding two hundred currency points; if the offence or default continues they are liable to a further fine not exceeding fifty currency points for each day the default continues.
Section Penalties where not expressly provided Section Any person who commits an offence against or who contravenes, or who defaults in complying with, any provision of this Act or any rules made under this Act, is liable, on conviction, if no penalty is expressly provided for the offence, contravention or default, to a fine not exceeding two hundred currency points, and, if the offence, contravention or default is of a continuing nature, to a further fine not exceeding fifty currency points for each day during which the default continues. - 96
Miscellaneous - Punishment without prosecution
The Minister may, in consultation with certain ministers and authorities, make rules allowing specified offences to be dealt with by a written notice offering payment of a fixed penalty instead of prosecution.
Section Punishment without prosecution Section The rules made under subsection (1) shall prescribe— The Minister may, in consultation with the Ministers responsible for internal affairs, the Authority and local governments, make rules for offences created by this Act or under rules made under this Act, for which a person who commits the offence may be given a notice in writing offering that person the opportunity to discharge any liability to conviction for the offence by payment of a fixed penalty. the offences to which this section applies; the officers who may issue notice and the information to be supplied to them; the fixed penalty which shall not be more that two hundred currency points; and the form of the notice to be issued under this section. - 97
Miscellaneous - Penalty for subsequent offences and continuing offences
A person convicted of a subsequent or continuing offence under this Act or its rules is liable to a fine not exceeding one hundred fifty currency points.
Section Penalty for subsequent offences and continuing offences Section For any subsequent or continuing offence under this Act or rules made under this Act, a person is liable, on conviction, to a fine not exceeding one hundred fifty currency points. - 98
Miscellaneous - Offences committed by body corporate
When a body corporate commits an offence under this Act or its rules, the body corporate must pay a fine not exceeding five hundred currency points.
Section Offences committed by body corporate Section Where an offence under this Act or rules made under this Act is committed by a body corporate, the body corporate is liable to a fine not exceeding five hundred currency points. - 99
Miscellaneous - Liability of secretary or manager of company
The secretary or manager of a company or corporation may be summoned and may be held liable if the company or corporation contravenes provisions of this Act or rules made under it.
Section Liability of secretary or manager of company Section Where a contravention of any of the provisions of this Act or any rules made under it is committed by any company or corporation, the secretary or manager of the company or corporation may be summoned and may be held liable for the contravention and its consequences.
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