CONTENTS Chapter 295. Public Health Act

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VOLUME 17CONTENTSChapter 295.Public Health ActChapter 296.VacantChapter 297.Medical and Allied Professions ActChapter 298.Flying Doctor Service ActChapter 299.Pharmacy and Poisons ActChapter 300.Nurses and Midwives ActChapter 301.Tropical Diseases Research CentreActChapter 302.VacantChapter 303.Food and Drugs ActChapter 304.Termination of Pregnancy ActChapter 305.Mental Disorders ActChapter 306.Human Tissue ActChapter 307.Zambia Red Cross Society ActChapter 308.NationalFoodCommission ActandNutritionChapter 309.VacantChapter 310.Therapeutic Substances ActChapter 311.Ionising Radiation ActChapter 312.Extermination of Mosquitoes ActChapter 313.Day Nurseries Act

Chapter 314.Protection of Names, Uniforms andBadges ActChapter 315.National Health Services ActChapter 316.VacantChapter 317.Medical Aid Societies and NursingHomes (Dissolution and Prohibition)ActChapter 318.VacantChapter 319.VacantChapter 320.VacantCHAPTER 295THE PUBLIC HEALTH ACTARRANGEMENT OF SECTIONSPART IPRELIMINARYSection1.Short title2.InterpretationPART IIADMINISTRATION3.Repealed by Act No. 22 of 19954.Repealed by Act No. 22 of 19955.Repealed by Act No. 22 of 19956.Repealed by Act No. 22 of 19957.Repealed by Act No. 22 of 1995

8.Repealed by Act No. 22 of 1995PART IIINOTIFICATION OF INFECTIOUS DISEASES9.Notifiable infectious diseases10.Notification of infectious diseases11.Medical Officers of Health to transmit return of notifications12.Regulations for the notification of infectious diseases13.Fees for certificates14.Notices and certificatesPART IVPREVENTION AND SUPPRESSION OF INFECTIOUSDISEASES15.Inspection of infected premises and examination of personssuspected to be suffering from infectious diseases16.Duty of Local Authority to cause premises to be cleansed anddisinfected17.Destruction of infected bedding, etc.18.Provision of means of disinfection19.Provision of conveyance for infected person20.Removal to hospital of infected person21.Penalty for escaping when detained22.Penalty on exposure of infected persons and things23.Penalty on failing to provide for disinfection of publicconveyance24.Penalty for letting infected house25.Duty of person letting house lately infected to give trueinformation26.Notification to Local Authority of persons dying of infectiousdisease27.Removal and burial of bodies of persons who have died of aninfectious disease28.Regulations regarding infectious diseases

PART VSPECIAL PROVISIONS REGARDING FORMIDABLEEPIDEMIC DISEASE29.Formidable epidemic, endemic or infectious diseases30.Regulations for prevention of disease31.Local Authority to see to the execution of regulations32.Power of entry33.Minister may combine Local Authorities34.Notification of sickness or mortality in animals suspected ofplague35.Medical Officers of Health to report notification of formidableepidemic diseases by telegraph36.Director of Medical Services may requisition buildings,equipment, etc.PART VIPREVENTION OF THE SPREAD OF SMALLPOX37.Interpretation of terms in Part VI38.Vaccination certificates39.Vaccination every three years40.Emergency vaccination of population in areas threatened withsmallpox41.If adult or child be unfit for vaccination, certificate to be given42.Certificate of insusceptibility to be given43.Certificate to be given for successful vaccination44.No fee to be charged for a certificate or for vaccination bypublic vaccinator45.Vaccination of inmates of institutions46.School attendance47.Supply of vaccine lymph and inoculation from arm to arm, etc.,forbidden48.Regulations under Part VI

PART VIIPREVENTION OF INTRODUCTION OF DISEASE49.Introduction of infectious disease50.Removal of infected persons from railway trains51.Surveillance or isolation of persons exposed to infection52.Powers of authorised medical officers to inspect railway trainsand medically examine passengers53.Special medical officers to inspect railway trains, etc.54.Powers to enforce precautions at borders55.Agreements with other Governments regarding reciprocalnotification of outbreaks56.Government not to be liable to pay compensation in exercise ofpowers of Act if reasonable precautions usedPART VIIIVENEREAL DISEASES AND LEPROSY57.Venereal diseases and leprosy58.Infected employees59.Conveyance of infection an offence60.Detention in hospital of infected person61.Rights of persons detained in hospital62.Publication of advertisements of cures63.Regulations under Part VIIIPART IXSANITATION AND HOUSINGSection64.Nuisances prohibited65.Duties of Local Authorities to maintain cleanliness and preventnuisances66.Duty of Local Authorities to prevent or remedy danger tohealth arising from unsuitable dwellings

67.What constitutes a nuisance68.Notice to remove nuisance69.Procedure in case owner fails to comply with notice70.Penalties in relation to nuisances71.casesCourt may order Local Authority to execute works in certain72.Examination of premises73.Demolition of unfit dwellings74.Prohibition in respect of back-to-back dwelling, and roomswithout through ventilation75.Regulations under Part IXPART XPROTECTION OF FOODSTUFFS76.Construction and regulation of buildings used for the storage offoodstuffs77.No person shall reside or sleep in any room in which foodstuffsare stored, etc.PART XIWATER AND FOOD SUPPLIES78.Duty of Local Authority as to pollution of water supplies79.Sale of unwholesome food prohibited80.Seizure of unwholesome food81.Penalty82.Regulations under Part XI83.Minister's power to make orders on advice of BoardPART XIIPREVENTION AND DESTRUCTION OF MOSQUITOESSection84.Breeding places of mosquitoes to be nuisances

85.Yards to be kept free from bottles, whole or broken, etc.86.Clearance of bush or long grass87.Wells, etc., to be covered88.Cesspits to be screened89.Larvae, etc., may be destroyed90.Mere presence of mosquito larvae an offencePART XIIICEMETERIES91.Cemeteries to be appointed92.List of authorised cemeteries93.Permit to exhume94.Directions for removal or covering over of graves for public ormining purposes95.Record of permit for exhumation96.Closing of cemeteries by Minister97.Reimbursement of expenses to BoardPART XIVGENERAL98.Basements not to be occupied without permission99.Lodging-houses to be registered and the keeper licensed100.Nursing homes to be licensed101.Board may apply to Minister for land for additional publiclatrines102.Control of crops and irrigation103.Supervision of importation or manufacture of vaccines, etc.PART XVMISCELLANEOUS PROVISIONSSection104.Notices, etc., may be printed or written

105.Service of notices106.Powers and duties of officers of Health Department107.Defect in form not to invalidate notices, etc.108.Powers of entry and inspection of premises and penalties forobstruction109.Penalties where not expressly provided110.Liability of secretary or manager of company111.Proceedings against several persons112.Prosecutions113.Power of Local Authority outside its district114.Regulations115.Power to proceed where cause of nuisance arises withoutdistrict116.Emergency powers of Local AuthoritySCHEDULE-Prescribed formsCHAPTER 2951234PUBLIC HEALTH136An Act to provide for the prevention and suppression of 9diseases and generally to regulate all matters 9connected with public health in Zambia.389[11th April, 96519651966196719691970

22 of 1972GovernmentNotices291 of 1964497 of 1964500 of 1964StatutoryInstrument163 of 1965ActNo.13 of 199422 of 1995PART IPRELIMINARY1. This Act may be cited as the Public Health Act.Short title2. In this Act, unless the context otherwise requires-Interpretation"adult" means a person who is over or appears to be over eighteen yearsof age;"approved" and "prescribed" mean respectively approved or prescribedby the Minister or the Board or by the appointed officers or by theregulations framed under this Act, as the case may be;"basement" includes any cellar, vault or underground room;"Board" means the Central Board of Health constituted under this Act;"building" includes any structure whatsoever, whether permanent ortemporary;"burial" means the burial in earth, interment or any other form ofsepulture or the cremation or any other mode of disposal of a dead body,and "buried" has a corresponding meaning;"child" means a person who is under or appears to be under eighteenyears of age;

"dairy" includes any farm-house, cow-shed, milk-stall, milk-shop orother place from which milk is supplied or in which milk is kept or usedfor purposes of sale or manufactured into butter, cheese, dried milk orcondensed milk for sale;"dairyman" includes any cow-keeper, purveyor of milk, or occupier of adairy, and in cases where a dairy is owned by a corporation or companythe secretary or other person actually managing such dairy;"district" means, in relation to a Local Authority, the area which is underthe jurisdiction of that Local Authority;"drain" means any drain used for the drainage of one building only, or ofpremises within the same curtilage and made merely for the purpose ofcommunicating therefrom with a cesspool or other like receptacle fordrainage, or with a sewer, into which the drainage of two or morebuildings or premises occupied by different persons is conveyed;"dwelling" means any house, room, shed, hut, cave, tent, vehicle, vesselor boat or any other structure or place whatsoever, any portion whereofis used by any human being for sleeping or in which any human beingdwells;"factory" means any building or part of a building in which machinery isworked by steam, water, electricity or other mechanical power, for thepurposes of trade;"food" means any article used for food or drink other than drugs orwater, and any article intended to enter into or be used in the preparationof such food, and flavouring matters and condiments;"guardian" means any person having, by reason of the death, illness,absence or inability of the parent or any other cause, the custody of achild;"Health Inspector" means a Health or Sanitary Inspector in theemployment of the Government or of any Local Authority, and includesany person appointed by the Director of Medical Services to act as suchwithin the district of one or more Local Authorities;"infected" means suffering from, or in the incubation stage of, orcontaminated with the infection of, any infectious disease;

"infectious disease" means any disease (not including any venerealdisease except gonorrhoeal ophthalmia) which can be communicateddirectly or indirectly by any person suffering therefrom to any otherperson;"isolated" means the segregation and the separation and the interdictionof communication with others of persons who are or are suspected ofbeing infected; and "isolation" has a corresponding meaning;"keeper of a lodging-house" means any person keeping an hotel orlodging-house;"land" includes any right over or in respect of land or any interesttherein;"latrine" includes privy, urinal, earth closet and water closet;"Local Authority" means(a)in the area of a city council, a municipal council, townshipcouncil, such council;(b)in any other area, the District Secretary for the District in whichsuch area is situate;"lodging-house" includes an hotel and any building or part of a houseincluding the verandah thereof, if any, which is let or sublet in lodgingsor otherwise, either by storeys, by flats, by rooms, or by portions of aroom;"medical observation" means the segregation and detention of personsunder medical supervision;"Medical Officer of Health" means the Director of Medical Services,any Government Medical Officer, any medical practitioner appointedby the Director of Medical Services to act as Medical Officer of Healthin any area specified in such appointment, and the Medical Officer ofHealth of a city council, municipal council or township council;

"medical practitioner" means a person registered under the Medical and Cap. 296Allied Professions Act;"medical surveillance" means the keeping of a person under medicalsupervision. Persons under such surveillance may be required by theMedical Officer of Health or any duly authorised officer to remainwithin a specified area or to attend for medical examination at specifiedplaces and times;"occupier" includes any person in actual occupation of land or premiseswithout regard to the title under which he occupies and, in case ofpremises subdivided and let to lodgers or various tenants, the personreceiving the rent payable by the lodgers or tenants whether on his ownaccount or as an agent for any person entitled thereto or interestedtherein;"offensive trade" includes the trade of blood-boiler, bone-boiler,fellmonger, soap-boiler, tallow-melter, tripe-boiler and any othernoxious or offensive trade, business or manufacture declared by theMinister, by statutory notice, to be a noxious or offensive trade;"owner", as regards land or any interest therein, includes any person,other than the President, receiving the rent or profits of any lands orpremises from any tenant or occupier thereof or who would receive suchrent or profits if such land or premises were let whether on his ownaccount or as agent for any person, other than the President, entitledthereto or interested therein. The term includes any lessee or licenseefrom the State and any superintendent, overseer or manager of suchlessee or licensee residing on the holding;"parent" includes the father and mother of a child, whether legitimate ornot;"premises" includes any building or tent together with the land on whichthe same is situated and the adjoining land used in connection therewith,and includes any vehicle, conveyance or vessel;"public building" means a building used or constructed or adapted to beused either ordinarily or occasionally as a place of public worship or as ahospital, college, school, theatre, public hall or as a place of assemblyfor persons admitted by ticket or otherwise, or used or adapted to beused for any other public purpose;

"public latrine" means any latrine to which the public are admitted onpayment or otherwise;"Sanitary Inspector" means a Health or Sanitary Inspector in theemployment of the Government or of any Local Authority, and includesany person appointed by the Director of Medical Services to act as suchwithin the district of one or more Local Authorities;"slaughter-house" means the premises set apart for the purpose of aslaughter-house by a Local Authority; "pig slaughter-house" means thepremises set apart by a Local Authority for the slaughtering of pigs; and"meat inspector" means the person employed by any Local Authority toact as meat inspector or other qualified person authorised by it to act inthat behalf;"stock" means and includes all domesticated animals of which the fleshor milk is used for human consumption;"street" means any highway, road or sanitary lane, or strip of landreserved for a highway, road or sanitary lane, and includes any bridge,footway, square, court, alley or passage whether a thoroughfare or not ora part of one;"trade premises" means any premises (other than a factory) used orintended to be used for carrying on any trade or business;"verandah" includes any stage, platform or portico projecting from themain wall of any building;"Veterinary Officer" means a veterinary surgeon in the employment ofthe Government;"workshop" means any building or part of a building in which manuallabour is exercised for purposes of trade.(As amended by Acts No. 34 of 1930, No. 9 of 1939, No. 27 of 941, No.64 of 1953, No. 51 of 1963, G.N. No. 291 of 1964,No. 69 of 1965, S.I. No. 163 of 1965 and No. 14 of 1966)PART II

ADMINISTRATION3.Repealed by Act No. 22 of 1995.4.Repealed by Act No. 22 of 1995.5.Repealed by Act No. 22 of 1995.6.Repealed by Act No. 22 of 1995.7.Repealed by Act No. 22 of 1995.8.Repealed by Act No. 22 of 1995.PART IIINOTIFICATION OF INFECTIOUS DISEASES9. (1) The provisions of this Act, unless otherwise expressed, shall, so Notifiablefar as they concern notifiable infectious diseases, apply to anthrax,infectiousblackwater fever, epidemic cerebro-spinal meningitis or cerebro-spinal diseasesfever, asiatic cholera, diphtheria or membranous croup, dysentery,enteric or typhoid fever (including para-typhoid fever), erysipelas,glanders, leprosy, plague, acute anterior poliomyelitis, puerperal fever(including septicaemia, pyaemia, septic pelvic cellulitis or other seriousseptic condition occurring during the puerperal state), rabies, relapsingfever, scarlatina or scarlet fever, sleeping sickness or humantrypanosomiasis, smallpox or any disease resembling smallpox, typhusfever, all forms of tuberculosis which are clinically recognisable apartfrom reaction to the tuberculin test, undulant fever and yellow fever.(2) The Minister may, by statutory notice(a)declare that any infectious disease other than those specified insubsection (1) shall be notifiable diseases under this Act;

(b)declare that only such provisions of this Act as are mentioned insuch notice shall apply to any notifiable infectious disease;(c)restrict the provisions of this Act, as regards the notification ofany disease, to the district of any Local Authority or to any area definedin such notice.(As amended by No. 9 of 1937 and No. 51 of 1963)10. (1) Where an inmate of any building in Zambia used for humanhabitation is suffering from any notifiable infectious disease, unlesssuch building is a hospital in which persons suffering from anynotifiable infectious diseases are received, the following provisionsshall have effect:(a)the head of the family to which such inmate (in this Act referredto as "the patient") belongs, and in his default the nearest relatives of thepatient present in the building or in their default the person in charge ofor in attendance on the patient, and in default of any such person theoccupier of the building shall, as soon as he becomes aware that thepatient is suffering from any notifiable infectious disease to which thisAct applies, send notice thereof to the nearest Medical Officer of Health;(b)whenever any child attending any school, orphanage or likeinstitution, or any person residing in any hotel, boarding-house or otherlike institution, shall be known to be suffering from any infectiousdisease (whether such infectious disease is specified in this Act or not)the principal or person in charge of such school, orphanage or other likeinstitution, or the manager or proprietor or person in charge of suchhotel, boarding-house or other like institution shall forthwith send noticethereof to the nearest Medical Officer of Health and shall furnish to himon his request a list of scholars or residents thereat, together with theiraddresses;(c)every medical practitioner attending on or called in to visit apatient shall forthwith, on becoming aware that the patient is sufferingfrom any notifiable infectious disease to which this Act applies, send tothe nearest Medical Officer of Health a certificate stating the name ofthe patient, the situation of the building and the notifiable infectiousdisease from which, in the opinion of such medical practitioner, thepatient is suffering;Notification ofinfectiousdiseases

(d)in any case in which a medical practitioner has been called in,the obligation to notify an infectious disease shall rest on such medicalpractitioner only;(e)every medical practitioner who becomes aware, by post-mortemexamination or otherwise, that any person has died of a notifiableinfectious disease shall immediately furnish a written certificate thereofto the nearest Medical Officer of Health and shall also inform the headof the household or the occupier of the premises or any person who hasbeen in attendance on such diseased person of the infectious nature ofthe disease and the precautions to be taken to prevent its conveyance toothers.(2) Every person required by this section to give a notice or certificatewho fails to give the same, shall be liable to a penalty

76. Construction and regulation of buildings used for the storage of foodstuffs 77. No person shall reside or slee p in any room in which foodstuffs are stored, etc. PART XI WATER AND FOOD SUPPLIES 78. Duty of Local Authority as to pollution of water supplies 79. Sale of unwholesome food prohibited 80. Seizure of unwholesome food 81. Penalty 82.

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