Zambia Act or statute

Zambia legislation

Public Health Act, 1930

access to premisesagricultureburialcemeteriescompany liabilitycompliancedebt recoverydelegation of dutiesemergency public health powersenforcementexpense reimbursementinspectionland useBusiness registrationlitigationlocal governmentlodging-housesmedical facilitiesnotice servicenotices and document authenticationnotices and ordersnuisance enforcementnursing homesobstructionprocedural validitypublic administrationpublic healthpublic health officersregistrationregulatory complianceregulatory notificationregulatory supervisionvaccine importationvaccine manufacturewater management

Jurisdiction: Zambia
Structure: 22 provisions
Citation: Act 12 of 1930
Dates: Undated source snapshot

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“A record must be kept of permits and directions, and any person may inspect it during office hours.”

A record must be kept of permits and directions, and any person may inspect it during office hours. The Minister may publish a notice in the Gazette closing a cemetery or burial ground from a specified time, and burials there after that time are punishable by a fine of up to 150 kwacha. The Board may recover reasonable expenses caused by a person's default in complying with an order or notice as a civil debt. A basement must not be lived in, occupied, used, let, or sublet for habitation; and it may not be used as a shop, workshop, factory, or for preparing or storing food without the Local Authority’s written permission. The Minister may make regulations for lodging-houses, and no one may open or keep one open unless the house is registered and the keeper is licensed by the Local Authority.

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Record of permit for exhumation ................................................................................................................................................. 30

A record must be kept of permits and directions, and any person may inspect it during office hours.

Section 95

Nursing homes to be licensed ..................................................................................................................................................... 31

You may not open or keep open certain care or treatment premises unless the house is registered and the keeper is licensed by the Director of Medical Services.

Section 100

Powers and duties of ofﬁcers of Health Department .......................................................................................................... 32

Certain health department officers may perform the Director of Medical Services’ duties or functions when authorized, and the Director or specified officers may exercise duties or powers assigned by the Act to Medical Officers of Health, Port Health Officers,…

Section 106

Proceedings against several persons ........................................................................................................................................ 33

If a case under the Act can be brought against several people for a joint act or default, it is enough to proceed against one or more of them.

Section 111

Emergency powers of Local Authority ...................................................................................................................................... 34

A Local Authority may act with the powers and duties of a Medical Officer of Health when no Medical Officer of Health is immediately available and urgent action is needed to prevent disease spread or protect community health.

Section 116

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Showing 22 of 22 provisions

Provision 11Amendment 9OffenceSubstitution

§ 95Record of permit for exhumation ................................................................................................................................................. 30Amendment

A record must be kept of permits and directions, and any person may inspect it during office hours.

95. Record of permit for exhumation There shall be kept a record of every permit granted and of every direction made under the provisions of the last two sections. Such record shall contain particulars, so far as the same can be ascertained, of the name, sex, and age of the persons buried, date of burial and of the place of original burial and of reburial or removal. Such record shall be open during ofﬁce hours to inspection by any person. [As amended by Act No. 49 of 1970]

Section 95Verify source

§ 96Closing of cemeteries by Minister ................................................................................................................................................ 30Amendment

The Minister may publish a notice in the Gazette closing a cemetery or burial ground from a specified time, and burials there after that time are punishable by a fine of up to 150 kwacha.

96. Closing of cemeteries by Minister It shall be lawful for the Minister to notify in the Gazette that any cemetery or burial ground shall, from a time in such notiﬁcation to be speciﬁed, be closed, and the same shall be closed accordingly, and whosoever, after the said speciﬁed time, shall bury any body or the remains of any body in the said cemetery or burial ground, shall be liable to a ﬁne not exceeding one hundred and ﬁfty kwacha. [As amended by No. 44 of 1957 and G.N. No. 291 of 1964]

Section 96Verify source

§ 97Reimbursement of expenses to Board ......................................................................................................................................... 30Provision

The Board may recover reasonable expenses caused by a person's default in complying with an order or notice as a civil debt.

97. Reimbursement of expenses to Board All reasonable expenses incurred by the Board in consequence of any default in complying with any order or notice issued under the provisions of this Act shall be deemed to be money paid for the use and at the request of the person on whom the said order or notice was made, and shall be recoverable from him at the suit of the Board as a civil debt recoverable summarily. The provisions of this section shall apply to any orders or notices issued under any rules by the Local Authority.

Section 97Verify source

§ 98Basements not to be occupied without permission ............................................................................................................... 30Provision

A basement must not be lived in, occupied, used, let, or sublet for habitation; and it may not be used as a shop, workshop, factory, or for preparing or storing food without the Local Authority’s written permission.

98. Basements not to be occupied without permission Part XIV – General It shall not be lawful to live in, occupy or use or to let or sublet, or to suffer or permit to be used any basement for habitation, nor shall it be lawful, without the written permission of the Local Authority, to use such basement as a shop, workshop, or factory, or for the preparation or storage of food, and no basement shall be used unless it is well lit and ventilated and is free from damp and is rendered rat-proof to the satisfaction of the Medical Ofﬁcer of Health.

Section 98Verify source

Part

Part XIV – General

§ 99Lodging-houses to be registered and the keeper licensed ................................................................................................. 30Amendment

The Minister may make regulations for lodging-houses, and no one may open or keep one open unless the house is registered and the keeper is licensed by the Local Authority.

99. Lodging-houses to be registered and the keeper licensed The Minister may, by statutory instrument, make regulations for the conduct and inspection of lodging- houses and no person shall open or keep open a lodging-house unless the house is registered and the keeper thereof is licensed by the Local Authority. [As amended by No. 17 of 1957 and G.N. No. 291 of 1964] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 30 Public Health Act, 1930 (Chapter 295) Zambia

Section 99Verify source

§ 100Nursing homes to be licensed ..................................................................................................................................................... 31Offence

You may not open or keep open certain care or treatment premises unless the house is registered and the keeper is licensed by the Director of Medical Services.

100. Nursing homes to be licensed (1) A person shall not open or keep open a nursing home, convalescent home, private hospital, inﬁrmary or any institution where invalids or convalescents are treated or received upon payment of fees or charges unless the house is registered and the keeper thereof licensed by the Director of Medical Services. (2) Nursing homes may be inspected The Director of Medical Services may authorise a medical practitioner on his behalf to visit any such premises as in this section mentioned to report to him upon any matter or thing connected with the premises or the use thereof. (3) Obstructing an inspection Any person who knowingly obstructs an authorised medical practitioner in any such inspection as is authorised by the Director of Medical Services and in rules shall be guilty of an offence.

Section 100Verify source

§ 101Board may apply to Minister for land for additional public latrines ............................................................................. 31Amendment

If a local authority thinks more public latrine space is needed on unalienated State Land, it must apply in writing to the Minister with the site and accommodation details; the Minister must then decide after due inquiry.

101. Board may apply to Minister for land for additional public latrines When in the opinion of the Local Authority additional public latrine accommodation is required in any locality upon unalienated State Land, the Local Authority shall apply in writing to the Minister, specifying the site upon which it desires the erection of a public latrine, and the accommodation to be provided by such latrine, and the Minister shall, after due inquiry, give his decision on the matter. [As amended by G.N. No. 291 of 1964]

Section 101Verify source

§ 102Control of crops and irrigation .................................................................................................................................................... 31Amendment

The Minister may restrict crop growing or irrigation near a township, and may make regulations to protect district health from standing water and related drainage issues.

102. Control of crops and irrigation (1) If the Minister, upon the advice of the Board, is satisﬁed that it is necessary for the protection of public health within the boundaries of a township so to do, he may, by statutory order, prohibit or restrict the growing of any crop or the irrigation of any land within any area within 4.827 kilometers of the boundary of such a township. (2) The Minister may, by statutory instrument, make regulations for ensuring that the health of the inhabitants of a district may be safeguarded in respect of— (a) the prevention of pools of standing water; (b) the drainage and control of such pools when they exist; (c) the inspection, repair and cleansing of open channels, canals and drains. [As amended by No. 64 of 1953 and No. 69 of 1965]

Section 102Verify source

§ 103Supervision of importation or manufacture of vaccines, etc. .......................................................................................... 31Provision

The Minister may set rules for inspecting and testing certain vaccines and similar substances, and may ban importation, manufacture, or use of unsafe ones.

103. Supervision of importation or manufacture of vaccines, etc. (1) The Minister may provide for the inspection, sampling and examination, by ofﬁcers of the Department of Health, of vaccines, vaccine lymphs, sera, and similar substances imported into or manufactured in Zambia and intended or used for the prevention or treatment of human diseases, and may prohibit the importation, manufacture, or use of any such substance which is considered to be unsafe or to be liable to be harmful or deleterious. (2) The Minister may, by statutory instrument, make such regulations as he may consider necessary for properly carrying out the provisions of this section. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 31 Public Health Act, 1930 (Chapter 295) Zambia Part XV – Miscellaneous provisions

Section 103Verify source

Part

Part XV – Miscellaneous provisions

§ 104Notices, etc. may be printed or written ................................................................................................................................... 32Amendment

Notices, orders, and other documents under this Act may be made in writing or print, or partly both. If authentication by the Board or a Local Authority is required, specified signatures are sufficient authentication.

104. Notices, etc. may be printed or written Notices, orders, and other documents under this Act, may be in writing or print, or partly in writing and partly in print, and if the same require authentication by the Board, or a Local Authority, the signature thereof respectively by the secretary, Town Clerk, Sanitary Inspector or District Secretary, as the case may be, shall be sufﬁcient authentication. [As amended by No. 9 of 1937]

Section 104Verify source

§ 105Service of notices ............................................................................................................................................................................. 32Provision

Notices, orders, and other documents may be served by delivery at the addressee’s residence or premises, by leaving a copy with someone on the premises, by fixing it in a conspicuous place if nobody can be served, or by prepaid post.

105. Service of notices Notices, orders and other documents required or authorised to be served under this Act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same, or a true copy thereof, to some person on the premises, or if there be no person on the premises who can be served by ﬁxing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall prima facie be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufﬁcient to prove that the notice, order or other document was properly addressed and put in the post.

Section 105Verify source

§ 106Powers and duties of ofﬁcers of Health Department .......................................................................................................... 32Provision

106. Powers and duties of ofﬁcers of Health Department The Deputy Director of Medical Services, the Chief Health Ofﬁcer, any Health Ofﬁcer, Medical Ofﬁcer of Health, Port Health Ofﬁcer or Government Medical Ofﬁcer may, with the authority and on behalf of the Director of Medical Services, discharge any of the duties or functions of the Director of Medical Services, and any duties imposed or powers conferred by this Act on Medical Ofﬁcers of Health, Port Health Ofﬁcers, or Medical Ofﬁcers may be carried out or exercised by the Director of Medical Services, Deputy Director of Medical Services, Chief Health Ofﬁcer or any Government Medical Ofﬁcer designated by the Director of Medical Services for that purpose.

Section 106Verify source

§ 107Defect in form not to invalidate notices, etc. ........................................................................................................................ 32Provision

A defect in the form of a notice or order under this Act does not by itself invalidate or make unlawful the administrative action, if the requirements are substantially and intelligibly set out.

107. Defect in form not to invalidate notices, etc. No defect in the form of any notice or order made under this Act shall invalidate or render unlawful the administrative action, or be a ground for exception to any legal proceedings which may be taken in the matter to which such notice or order relates, provided the requirements thereof are substantially and intelligibly set forth.

Section 107Verify source

§ 108Powers of entry and inspection of premises and penalties for obstruction ................................................................ 32Amendment

Certain health, sanitary, port health, police, or written-authorised officers may enter land or premises at a reasonable time to inspect or do authorised work. People who block access, obstruct, refuse required information, give false information, or stop others entering to comply with the Act commit an offence.

108. Powers of entry and inspection of premises and penalties for obstruction (1) Any Medical Ofﬁcer of Health or Sanitary Inspector, or Port Health Ofﬁcer, or any police ofﬁcer of or above the rank of Sub-Inspector, or any other person generally or specially authorised in writing by the Director of Medical Services, Medical Ofﬁcer of Health, or Local Authority, 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 or any other written law to be done, if such inspection, work or thing is necessary for or incidental to the performance of his duties or the exercise of his powers. (2) Any person who fails to give or refuses access to any ofﬁcer, inspector or person mentioned in or authorized under subsection (1), if he requests entrance on any land or premises, or obstructs or hinders him in the execution of his duties under this Act, or who fails or refuses to give information that he may lawfully be required to give to such ofﬁcer, inspector or person, or who gives to such ofﬁcer, inspector or person false or misleading information knowing it to be false or misleading, or who prevents the owner or any of his servants or workmen from entering any land or dwelling or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 32 Public Health Act, 1930 (Chapter 295) Zambia premises for the purpose of complying with any requirement under this Act, shall be guilty of an offence. [As amended by Act No. 47 of 1963]

Section 108Verify source

§ 109Penalties where not expressly provided .................................................................................................................................. 33Substitution

If an offence, contravention, or default under the Act has no specific penalty, the person convicted may be fined up to 750 penalty units, with an extra fine of up to 90 penalty units per day for a continuing default. In some licensing cases, the court may also revoke or suspend the licence.

109. Penalties where not expressly provided Any person guilty of an offence against or contravention of, or default in complying with, any provision of this Act shall, if no penalty is expressly provided for such offence, contravention or default, be liable on conviction to a ﬁne not exceeding seven hundred and ﬁfty penalty units, and if the offence, contravention, or default is of a continuing nature, to a further ﬁne not exceeding ninety penalty units for each day during which he shall make default provided that, where the offence is in respect of any building or premises for which a licence is required under any law for the time being in force, the court before which any such conviction is obtained may in addition to or in substitution for any of the aforesaid penalties revoke or suspend such licence. [As amended by Act No. 13 of 1994]

Section 109Verify source

§ 110Liability of secretary or manager of company ....................................................................................................................... 33Provision

If a company or corporation commits a contravention of the Act, its secretary or manager may be summoned and held liable for the contravention and its consequences.

110. Liability of secretary or manager of company Where a contravention of any of the provisions of this Act is committed by any company or corporation, the secretary or manager thereof may be summoned and shall be held liable for such contravention and the consequences thereof.

Section 110Verify source

§ 111Proceedings against several persons ........................................................................................................................................ 33Provision

If a case under the Act can be brought against several people for a joint act or default, it is enough to proceed against one or more of them.

111. Proceedings against several persons Where proceedings under this Act are competent against several persons in respect of the joint act or default of such persons, it shall be sufﬁcient to proceed against one or more of them without proceeding against the others.

Section 111Verify source

§ 112Prosecutions ........................................................................................................................................................................................ 33Amendment

A Local Authority may prosecute certain breaches of the Act or regulations in its district.

112. Prosecutions A Local Authority may, by any of its ofﬁcers, or by any person generally or specially authorised in writing by the Mayor or chairman thereof, prosecute for any contravention of, or offence against, or default in offence against, or default in complying with any provision of this Act or any regulation made or deemed to be made thereunder, if the contravention, offence, or default is alleged to have been committed within or to affect its district. [As amended by No. 36 of 1965]

Section 112Verify source

§ 113Power of Local Authority outside its district .......................................................................................................................... 33Provision

A Local Authority is not prevented from exercising its powers or performing its duties under this Act just because it must act or spend money outside its district.

113. Power of Local Authority outside its district Nothing in any law specially governing any Local Authority shall be construed as preventing such Local Authority from exercising any power or performing any duty under this Act by reason only that in exercising such power or performing such duty it must do some act or thing or incur expenditure outside its district.

Section 113Verify source

§ 114Regulations ......................................................................................................................................................................................... 33Amendment

The Minister may make regulations by statutory instrument to carry out the purposes of the Act.

114. Regulations The Minister shall have power, by statutory instrument, to make regulations generally for the carrying out of the purposes of this Act. [As amended by Act No. 51 of 1963]

Section 114Verify source

§ 115Power to proceed where cause of nuisance arises without district ............................................................................... 33Provision

A Local Authority may start nuisance proceedings even if the act or default causing the nuisance happened outside its district.

115. Power to proceed where cause of nuisance arises without district For the purposes of Part IX, where the nuisance within the district of a Local Authority appears to be wholly or partially caused by some act or default committed or taking place without its district, the Local Authority may take or cause to be taken against any person in respect of such act or default By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 33 Public Health Act, 1930 (Chapter 295) Zambia any proceedings in relation to nuisances and authorised by this Act, with the same incidence and consequences, as if such act or default were committed or took place wholly within its district. [No. 34 of 1930]

Section 115Verify source

§ 116Emergency powers of Local Authority ...................................................................................................................................... 34Provision

116. Emergency powers of Local Authority Where in any district no Medical Ofﬁcer of Health is immediately available and where the circumstances render immediate action necessary for the prevention of the spread of disease or generally for safeguarding the health and well-being of the community, the Local Authority may exercise the powers conferred and perform the duties imposed by this Act on a Medical Ofﬁcer of Health. [No. 34 of 1930] Schedule Prescribed forms Form 1 Certiﬁcate of unﬁtness for vaccination (Section 41) I, the undersigned, hereby certify that in my opinion __________________ is not now in a ﬁt and proper state to be vaccinated, and I do hereby recommend that the vaccination be postponed for the period of six months from this date. Dated this _________ day of _____________ 19 ____________ ____________________ Medical Practitioner or Public Vaccinator Form 2 Certiﬁcation of insusceptibility to successful vaccination (Section 42) I, the undersigned, hereby certify that I have three times unsuccessfully vaccinated ________ (or that __________________ has already had smallpox as the case may be) and I am of opinion that the said ________ is insusceptible of successful vaccination. Dated this _________ day of _____________ 19 ____________ _____________________________ Medical Practitioner or Public Vaccinator Form 3 Certiﬁcate of successful vaccination (Section 43) I, the undersigned, hereby certify that ________________ has been successfully vaccinated by me. Dated this _________ day of _____________ 19 ____________ ______________________________________ Medical Practitioner or Public Vaccinator By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 34

Section 116Verify source

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