Public Health Law, BA.S.L.N. no. 56 of 1982

Exll'a Ordina,y Bauchi State of Nigeria Gazette Publisht:d by Authority No. 56 26TH JULY, 19S2 /Jm1chi Swtl! Nolit-e No. J6 Th-: following is puhlithe.d ~s Suppkm.:nl to this Gtizeue:-­ llA.S.L.N. No. 56 or 1982- The Public Health Low. Vol. 7 PlNisllo:I Of 1!11 hual ~llqi an:I Plllu,g Compa!ff, £l!iudll • SPP'CIIIT Ol7l2012>'500 Rl'C ~'~'Mge113,N11,D00,000Ye:w.is.N25.000,p)SlheproSIZl',ClsSl.:e~ndidng11ll!Pb,ttll)l~J00,03osrcop-,. ~f.Jl'll!e llti!CN5ed~eno$11ou\l bo$Ull1!1«mtl IODIII BM'.h!P~i)hbg ;in:IPMU!g Ccmpanr.Bs!Jd!l RMI~ $1lOIIG be In !l'!lr..cy or penl:il ~. (f0$W(J 011:I 111:!dl!I ptpble 10 ~ 8i'1\ICIII Pubb!litQ aoo PMtng ~. Pa., S 015.J.1, Tet((l77)54«l!,4, 5,tU(G. Bwchl No, 511 Vol, 14 21th Ju!r, 1912 83647 Suppie~nrl P1111. 8 BA.S,l,N. No. 56 of 1989 I, l, 3. The Public Health Law, (Commenc<mont: 261/,July. 1917] This Law mAy be cited a,. the PubJic Health Law. ( I) The Governor may by order apply to any area Ot place Applk,o/l011 specified ln such under.- (,) any or all of the p,ovjstOns of this Law; or (ii) Illy or all of the rules made under this Law: or (/IQ any or all of the provision.s ofthl.s Law and any or 1Jl of the rules made under this Law. (2) An order applylngan y or all of ~>e provisions of the Law shall not at the same time. unless it is expressly so provkled, apply the rules made under any of the provisions of the Law so applied. (3) Whencveranyof1he p,ovisionsofthisLaworanyrulc is applied to any area or place, all penal and other ancillary provls-ions applicable for lhe due enforcement of such provisions and rules shall be deemed to be applied and be £n force-, Oefinilions:- 1 'Commlssioner" mc1n5 the State Commissioner for the time being responsible for Public Health: "dalry" means and includes any farm house, cowshed, milk store, milk shop or ottler p1aee from which milk, ocher 1han imported preserved milk, is supplied, or in wbjch milk, other than such imported milk, is kept for sale:; • "he:altb officer" includes a med.Ca] officer of health, a sanitary inspector or other person 11eting under the authority, whether gen.eial or special, of the medical officer of hcahh, and whether s.uch sanlta,y inspector or other person-is .serving in the medical or sanitary departments of the Government or is in the servi,cc or a local government; "infectlo-a disease" in relation to human beinp. means plague, cholera, yellow fever, smallpox, ccrebrospinal meningitis, diphtheria, scarlet fever, typhoid, and sleeping sickness, and includes any disea-se of an infectious or conto.gious na1.urc which lntt.r}Nftotlon B3648 Appolnl"'''" of 4. mtdltal offictr t ",,,..,,. Smlon 'health s. v/f=n Dutlu of Mtdl«II 6. o/ftur) of ht.olth /111/za,,cu 1itltklt 7. may bt olu,ttd ni!MtDrily . the Governor may by public notice declare to be an inf~ious di$C8$c within the meaning or this Law; "medical offictr" means a medical officer in the .service of the Government and includes a qualified medical pracdtiooer employed by the Govemmenl or by a l~I government fOf the purpose of lhis Law; I ,,l ..,premises" means and includes mcssuagcs, buildings, lands, tenements, heredita.mcnts. vehicles. tents, vMs, suucturcs of any kind, drains. ditches. or places open1 covered or cnc:loscd;i'nd any shjp or vessel in any port or on any inla~ waten. The Commissioner rnay appoint any medical officer to be the medical officer or health for any area, and in th-e absence of any such appointment for any area the medical office in modi,cal.chargc o[ the are• sh&JJ be the medical off tee: of ht.1hh fot the ir~ Every senior health omccr shall be a medical officer of healch, and whilst on duty in any place, shall have power to direct the •sani1a.ry work of such pl.ace and to give instructions to all 1 nnitary inspectors, whether in the employment of1he Govcmrnctit·or noL ltshall be the duty of every medical ollicerofhcallh 10 inspect 1hc areas to Which he is appOintcd and 10 abate nuisance$ and otherwise to enforce the powets vested in him relating to public heahb. N11isanc~s (General) The following shall be deemed tO be nuisanCC$- (oJ any prcmi,es in such a condition as to be inju;ious to hcalthj {b) any premises which are so dark or so illventilated or so damp or in such a condition of dilapidation, H to be dangerous or prejudtCiaJ 10 the health of the pmons living or employed therein; (c) any premlses which contain rat holes or rat ruta °' olher similar holes or which arc infested with rats or in which the YCntilating openings arc not protcc1ed by gratin:gs in such manner as to exclude rats qtcrcfrom; (d) any pool, ditch, gutter, watetCOU~ cesspool, drain. 11Shpit., refuse pit, latrine. dustbin,~wuhiog place, well, water tank, barrel, sink, collection of ,ullage water, receptacle containing stagnant water, or other thing in such a Slate or condition AS to be injurious to health; 81649 (•) any animal or bird so kept as 10 be injurious to health of man or molesting to neighbours and any animal or bird s.uffcring from I nox.ious or contagious d~se,sc; (/) any hole or excavation~ well, pond or quarry in or near any street which is or ls likely to become dangerous to the publio; (g) any stable, cow house, pigsty, or other premises for tho U$C of animals or birds which arc in such a condition as to be injurious to the bee.Ith of man or of such animals or birds; (h) any noitious matter or water flowing or dl.schargcd from any premises into any public street or into any gutter or side channel of any street; (/} any accumulation or deposit of rubbish of any kind whatever, or any decaying animal or ve-gctablc matter, whether in the form of refuse, manure, decayed or tainted food. or in any form whatever; Q) any growth of weeds, cactus, long grass, reeds or Wild bush of any kind which may be injurious to healt~ and any vegetable that ol itself is dangerous to cbiklrcn or othm either by its efnuvi, or through c.atina its leaves, seeds, frui1s of nowcr.r, (k) any premises certified by the health officer to be so overcrowded as to be injurious or dangerous to tho health of the inmate,; (1) any pl'ffllises on which servants or workmen a.reemployed and suitable and adequate sanitary oonvenienccs are not provided; (m) any act. omiss-ion., place or thing which is or may be dangerous to life, or injurious to health or property~ (n) any plant or tree which may be spticified by the Commissioner by a notice published in the State Gazelle on the recommendation ofa medical officer of health, u being favourable to the breeding of mosquitoes, found in any area which may be specified in the said notice. 8. (I) A health officer shall, if satisfied of tho exist~nce of a lloti« rego,-r/i,w nuisance, serve a notice, herein1.fte:r called an abatement ®QUn,tlllf'( nolicc, on the person by whose act, default or sufferance nll'IIOl!N . . • 83650 On n.on•compll- 9 .. OPIC~ with Mfiu. cq11r1 iwoy ma!, /'lfll/jOAN Miu the nuisance arises or continues. or, if such pcCSOO cannot he found, oo the• occupier or owner of the premises on which the nuisance arises requirlllg him to abate the same with.in the time specified in lhe notiec, and to cxccu,c such wo~ and to do s,x:h things as m-r be ncc.cssa,Y for that purpose. and, if the heahh officer think it desfra.b1c {but nol otherwise), specifying any works to he exeCiutcd. (2) The hcah.h offtcer may also by the same or another nolice served on such pcrsoo, occupier or owner require him to do what is ntce5$ary for preventing the rccum:nct oflhc nuisance, and, ifhc think it desirable, specify any works to be executed for that purpose, and m.4y serve that notice notwithstanding that the nuisance may for the 1jmc being have been abated if the health ofr.ccr consider that it is likely to recur on the same premises. (3) Where the nuisance arises from any want or defect of 1 Slt\lc:tural character, or where tJu:i premises a.re ullQCcupied, the notice shall be setVcd on the owner. ••• • (4) Where a notice has bean served on any person (including an occupier or owner) under 1his section and cither- (I) (a) the nuisance arose from 1he wilful acl or default of such person; or (b) such person fails to comply with any of the requisitions of the notice within the time sped lied, he shall be liable to I fine of twenty naira. If eitho,:- (o) the person (including the occupier or owner) on whom an abatement notice has been served as aforesaid makes default in complying wilh Dny of the requisitions thereof within the time spccirred: or (b) the nuisance. although abated since the service of notice. is. in the opinion of the htahh officer, likely to rCGur on the same premises, the health officet" shall make a complaint and the court hearing the complaint may make on s.uch pcrs<>n a summary order, in this Law referred to as a nuisance order. . 836SI (2) . • A nui$8ncc order may be an abatement order. a prohibition . order. or a closing or..dcr, Of a combination of such orders. (3). An 1ba1cmcnt order may require a person to comply with : . any of the requisitions of the notice, orotherwi.se to abate the nuisance within a time specified in such order. (4) A prohibition order may prohibit the recurrence of a nuisance. (J) Execution of works M abarement order or prohibili'.on order shall, if the-person on whom the order i.s made so requires, or lhe eoun considers It desirable, specify lhc work to be executed by s.uch person for the pl.lfPOsc of abating or preventing t\'e recurrence of tho nuisance. (6) A cklsing order may prohibit any premises from being ~ed for human habitation. (7) A closing order shall only be made when it is proved 10 the salisf a cl ion of the eour1 that. by reason of a nuisance, premises are q.nfil for human habitation, and. if such proof is given, the court shall make a closing order. and may impose a fine of forty naira. (8) The court when satisfied that the premises have been rendered fit fOf' bu man h.abitation, rnay declare that lt is so satisfied and cancel the closing order. (9) If a pel'$0fl f ai Is to comply with the provisions of a nuisance order with respect to the abatement of a nuisance he shall, unless he satisfies the coun that he has used all due diligence to cany out such order, be liable to a fine often nalra a day during his default; and if a person knowingly and wilfully aets contrary to a prohibition or closing ocder he shall be liable 10 a fine of twenty naira a day during such contrary action~ moreover lhe health officet may enter the premises to which a nuisance order relates, and abate or remove the nuislknce, and dQ whatever may, be necessary In execution of such order. 10. (I) If an order of the court or notice of the health ofr.ecr for PO!H.r 10 ;~JI fN'C• the abatement of a nuisance by the oc:wpier or owner is •ba not com.plied with bcC4u.se the occupier or owner canhot be found or because tho occupier or owner is imprisoned, the health off Jeer may apply to the coun for an ord~cr to . " B3612 have lhc nuisance abated, and all cos.ts •of and expenses in-eurrcd in connection therewith shall be paid to thohcahh offw:er by the occupier ot owner, and mAy be recovered as adcbL (2) ff no 6wner or occupier can be found or if the expenses are not paid within six months after the QOfflpletion of the ,abatement of such nuisance, the court may order the premises u.pon which the work .shall have been done, or any part thereof, or any movable property found thereon belonging to such occupier or owner to be sold to defray the said cosu and expenses. (3) The rules of coun rela1lng to st!es in execution of decree:$ shall mutati.s mutandis apply to such sale. Rig/It of ,111.ry II. (I) (a) It shall be lawful for the health officer to enter any premises at any time between the hours of six in the morning and six in the evening for the purpose of examining as to the existence then:on of 1my nuiSBncc. or until a nuisance found to exist has been abated or lhe woric.s ordered to be done are completed or the closing order is cancelled as tho case may be, and when a nuis.anee order has not been complied with or has been infringed, to enter premises at all reasonable hours for the purpose of sccurin& the exee,Hion of the order. {b) If lhc admission to pn::mises is ~fused. the coun may require lhe perSOn baying the custody of the premises 10 admit the health officer into the premises durlna the prescribed hours, and if no person havlng1hecustodyofthe premises Is found . the court may authorise the health officer forcibly to enter on such prcmis:es. (2) Any such order .shall conttnue ln force until the work for which the entry was necessary has been done. (3) Any person who refuses to obey such ordoror in any way hinders. prevents or obstruclS the execution of the order shall be liable to a fine of twenty naira. C'1zl Qj ,:i,cu• 12. All reasonable costs and expenses incumd in serving the notice, fl<m tTlotlng 1'1 ""'$#'IC, making I complaint or obtaining an order or in canying the order into effect shall be deemed to be money paid at the reques.t of the person on whom the order i.s made, or if no order is made, but the 13. 14. nuisance is proved to have existed when a notfoc was served or the complaint made, then of tho person by whose act, default or sufferance lhc nuisana, was caused; and in the case of nuisances caused by the ac1 or default of the owner of the premises, such cost and expenses may be rcc:overcd from any person who is for the time being owner of such premises. (I) Whoever by any act or defaull causes or suffers to be brought or to flow into any well, river, stream, tank, reservoir, aquedl.lQt or pond used or in1.e,nded for supplying water to man or bcasr or lntO any conduit communicating therewith any deleterious substance or does any act whereby such water is or may be fouled shall be liable to a A.nc of two hundred naira and a further sum of forty naira for every day durlng which the otTenee is contiRued after conviction. (2) Such penalties may be recovered duriog the contirfuanee of the offence or within one calendar month after it has ceased. The heaJlh officer may, at all reasonable hours. inspect any carcass, meit. poultry. g amC. fish, vegerables, com. bread, flour, or other p'rovisions exposed for safe or dcpos•ited in any p1ace for the purpose of sale or of prepaiaHon for safe and in1ended for the food of inan. the proof that 1he same was not exposed tor $ire 9r dep0$i1cd for purpose of sate or preparation for salo and was not inionded for the food of man resting with the party charged; and if a'nY such aniclc appears 10 tho beaJth officer to be diseased or unwholesome or unfit for the food of man he may condemn the same and order it 10 be destroyed or so dispoMCI of 1$ to preven1 it from being used for the food of manl and the person to whom it belongs o, In whose possession or premises it was found sllall be liable lo a fine of twenty naira for every article condemned, and for any subsequent conviction, to a fine of one hundred nalra or to imprisonment for slx months. If any health officer or police off"tcer shall sh~;. rea son~~•~ c;~: the court may grant a warrant to enter any bu1 mg in w ic ls reason for believing that there is kept ~ani~•~::-:• ~.r,; poultry, game, fish, vege;"b~~=~..: ~ich~di$C4Sed, provisk,ns intendcd for sale or e f ma~ and to search for. or unwholesome. or unfit for thh e ~~ :r olhe~ article in order 10 s0i~, and carry away ~11y $UC an ma haw the same dealt with by tho eourt. • I,,, 83653 IINltJt offlcu ,way lnsptt.tfood upos~dfo,uk and~otn 11,uound/ood. Pt11ol'IJ,/or, s~lling, $Ntrtah ~ B3654 p...,,,,f., 16.' o6slnldi.ng "1/1crr ... . - Own,r"" <>«tif)~r 17. 11., c/N;, ttrt~U ~ h& p,,tmiut Pmolllrt/w 18. cmalfl o/ftNCH AJ1y person who hinders. prevents or obstructs any such. officer in 1he perfonno.nce of his duty under such search warrant shall be liable to a fine of twenty naira. (I) StreetJ and Op#n Spaces Every owner or OC(;Upier of any tenement shall dear and keep free from all undergrowth, weeds, filch, rubbish, and refuse of any description, the stree1s at the front', back or either side of such tenement, with the drains, gutters, or channc Is, on such streets: Provided that when there shall be two tenements contiguoU$ to any street, drain, gutter, or channel, and focin; each •Other, the owner or occupier of each such tenement shall be rcs;ponsible for keeping c:ico.n only half of the street and the drain, gutter, or channel neares.t to his tenement. (2) Every owner or o«;upier who shall fail to co·m"ply with the provisions of this .section shall for each Offence be liable to• fine of twenty naU'a. (I) Any person who:- (a) throws or lays on any street or tenement,1 whether occupied or nOt. or on any open space texccpt at such pf,ccs a.s may be sec apart by the proper authority (or such purpose) any rubbish or any offendvt or unwholesome maticr; or (b) commits any nuisance in any sltttt or in any open $pace or in any place being an appurtenance of or adjoining a dwelllng-house, shall for each offence, in addition to any liability for damage a.t the suit of any person aaaricved, be liable to a fine of twenty naira. (2) Any person found «Mnmining any offence uOOCr this section may be taken into custody wilhout warrant by any police officer. sanitary inspector or person whom he may call to his aid, orby the owneroro«upier of the propeny on or with re.speca to which the offence is committed, or by any person authorised by him, and may be detained until he can be delivered into the custody of ,a police officer: Provided that no pffSOn ~sled under this scc.tion sJ,all be d~incd by any police officer or other person longer than is necessary for bringing him before the court. 19. B3655 Infectious Disecves (I) Whenever an infectious disease shall have broken O\ll in Dt,l.orotton of any place, the Oovemor may by public notice declare such fi,fu1•d '""'° OM place or any portion thereof to be an infected area and. onh, for ,wioc11111lon may in like manner order the evacuation of the whole or any part of such infected a,~. (2) h shall not be lawful for any person to re.side or canyon business within any infected area or portion thereof which is comprised in an order for evacuatio~ or to enter or be therein. except wben passing along a thoroughfare allowed to remain open to the public, without an order in writing ,, 10 that effect signed by a medic:al officer. and upon such conditions as such medical officer MAY in such order direct. (3) The penalty for a lir$1 offence shall bea fine offlfty naira or three months' imprisonment and for subsequent offences a fine of one hundred naira or six months' imprisonment. or both. • 20. Anypc:t$0C'i licensed to sell intoxicating llquors in premises sit~tcd Splrli o,,dwlnit in ttny infecced are. comprised in an order ror evacuation, shall be OJK/ bttr """"' entitled to a transfer of the licence to premises situated outside the "'""'° ~ 10 infected area where no higher lic:.cnce fee is payable unless lhe buvoct.lOl•d commissioner shall order a refund of the-whole or any portion of the fee paid for the lice nu. 21. Whenever in the opinion of the medical off teer there ls reason to Po'tffr 10 orr:kr s\l!Pec.t that a person has died of an Infectious diseue1 it shall be post ,,,orlMt lawful for the medieaJ officer to order that tho body of the deceased WJMJnotlon ~non shall be conveyed tosucli plaeeas the medical officer shall appoint.. for $UC:h examination as he may consider necessary, 22 23. A health officer may cause to be placed on or about any premises in which any case of infectious disease has occurred any maric w~i<:h he may deem advisable for the purpose of denoting the oc,cu..nenec of such disease, and may keep such mark a.ffixed for such time as he may deem necessary, and any person removing or obliterating any such mark without the authority of a health officer shall be liable co a fine of ten naira. A hcallh officer may order the disinfec1ion of any building in which ,~y case or suspected case of infe<:tious disease has occurred and of ~ny article or thing in such building. ' . , . . . ,, ,.,.,.,,,, of pNM/.;flWhen! in/fCJCOIU dJuos• hes Q«Wrrcd O.isi,(mio11 03656 p.,,,,. to°""' 24. ' (I) du&-WIIOJto/ The local government or the medical officer of~hh may order the destruction of any building ln which i. case of inrcctious disease has occurred, or of any aniclc or thing wbk:h may be considered nccc$Sary in tht interest of lhe public hcaltli. .......... ~.,. '"""""' DfW11ClU>II q/ 25, ""'"""' R,.,, r,w,1 and 26. dftMlion Q/ i,t/fflfd P4f#Olf 0Nl1uspu:ts /1c,lod°" of 27. C-,,t, (2) Any such order shall he carried out in such maftncr and by such person as the local government or medic.al officer of health may direct A medical officer of health may order 1hc destruction of any animals which be has reason to believe are likely lO be llgents in the transmission of a.n infectious diseas:c, and may dis~ of the carcasses of any animals so destroyed in $Och manner as he may think proper. A medical officer of hcallh ma,y cause any person suffering or suspected to be suffering rrom an infectious disease to be removed 10 a Oovcrnme.nt hospilal or other place provided by tht Government or by a locaJ government 10 be de1aincd •~~re until he can be discharacd wi1h sarety 10 the public. A medical officer of health may ord~r any person IM,ng In the same house or compound. or otherwise brought into col'.'.tacc with any person suffering or suspected to be suffering from an infoctlous disease, to be isolated in such place as the Govcmmenc may • provide, unail he can be dlscha,sed with safety to the public, and every person aulhoriscd by Uie medical officer of healih 10 carry out such order may use such force as is necessary to compel obcdtencc to such order. (I) When a.n inmate of any house is .suffering from an infectious disease, the headof1hc family and in his de-fault the person i1u.1tcnda.nce on the patient and in default or such pcnon tho occupier or owner of the building shall, as soon as he beeOmC$ aware that the patient tS suffering from an infectious disease, give notice thereof orally or in writing to the medical officer of heahh, and every medical practitioner consulted by or ln attendance on any patient suffering from •n infect.tOUs disease shall give such nottCe Federal. (2) Ir anyone liable to give notice fails to give the notice required, he shall be liable to a fine of ten nalra or to imprisonment for two months: Provided that if a person is not liable 10 &ivc notice in the first 29. 30. 31. 32. 33. instance but only in default of some <>«her person, he shall not be ll•ble to a penalty !(he saclsfles the court lhal he had reasonable cause-to s-upposc that the notlce bad been duly given. (1) A health officer may by notice in writing require the owner of any bedding, clothingorotherarticl~ which have been exposed 10 Infection to cause the same to be d,elivered to such health officer for removal for the purpose or disinfecdon. (2) The bedding, clothing and articles shall be disinfec1cd by lhe hcallh offiecr, and shall be brought back and delivered to the owner free of cost. Any person \fho knowingly Jets for hire any house in wbi-ch any person has been .suffering from any infectious dl.sease without having had such ho1.1Seand the articles therein property disinfected to the satisfaction of the medical officer of health, shall be liable to I fine of twenty naira. Afly person w~ (a) while suffering from an infectious disease or being in charge of any person $0 suffering. does any act or thing which tends to the spread of the disease; or (b) g:ives, lends. sells, transmit$ or exposes without .prcvtOus disinfection any bedding. clothing or other article which has been exposed to infection., shall be liable to a fine of twenty naira or to imprisonment for three months. Any person who, while sulferingftom any infecliousdiseasc, enlers ony ship or public conveyance without previously notifying to the pCJSOn in charge thereof thAt he is so suffering. shall be liable to a lir,c often naira or to imprisonment for one month, and In addition may be ordered to pay to the owner of the ship or public COnvcyancc­ thc amount of any expense such owner may lneur in disinfcctin.g the ship or public conveyance. Every pcr$0TI in charge of any ship or public conveyance sholl to the satisfaction Or the mcdieal off,ccrofhcalth immedialely provide for the disinfection of such shJp or public conveyance after it has to his knowJcdgc conveyed any person suffering from any in-fcctious disease. and If he fails to do so, s.hall be liable to a fine often naim: B36S1 R11MWJlof ~""" t{o,hi111,,/M disltf/ml(NI ,.,: Aell u,uli111 lo ,lie'""'°" "1 Jim« 1nfe.c1td purotu ,m~rjnz publ.ic "°''~"" ,otllho.t 1totlu 10 tlvptr1a11/Jt ,,..,.,, D;.ttnfn:liorr of p,,1,/i< C'Ol'IW)'C"'lll ;' 83651 J>Tovided that where the person in charge of owner or.any such ship or public conveyance is unable in the opinion of the medical • officer of health effectually 10 cleanse and disinfect sµch ship or public conveyance, th.c same may be deaned and disinfected by che medical off"tccr of'heahh at the expense or lhe pe:fSOn or owner. .Appnlmtl-ion of 34. ptr$0fU In pt,bfit strewu nifftrllfl fn:,M ;,ytt1J01tl diu.OH Appoinlfffffll of 35. hOldt vi1ilor1 Evef)' health offica. police officer or in the case of a perSOn subject to the jurisdiction of area courts, any authorised officer or a local government, may apprehend and take or co use to be apprehended ortaken 1 toa hospital any person whom be sh.all find in any public street, pubL;c place, shop or public conveyance suffering from any infectious disease. (I) (2) When any infectious disease is epidemic in any 1 plaee, the Commissioner may appoint whatever medical or other officers he may think fit to be visitors thcreiil, Suc.h officers rnay en1cr any premiS(.S in whic~itherc may be, or be suspected to be. a.ny case of infcci-icilas dlsea.se and examine such premises and give such order as to lhe deans in a ordisinfectioo thereof or otherwise M tJicy shall consider necessary. 36. (I) The owner of any building. anicJ.c or thing destroyed under an order m1de in pursuen" of section 24. and the owner of~y animal killed under an order made in p0rsuance of .. ction 2S, sh!!I! ~ 5ntitled to compensation to be paid either out of general revenue or out of 1hc furids of a local government as may be prescribed or as the Commissioner may direct. (2) All claims for compensation under 1his seclion or under any rules under section 40 shall be heard a.nd detcnnincd by a compenution board which the Commissioner ls hereby empowered to appoint, cons is.tins of rwo persons, one of whl?m shall be uncon-neetcd with the Oovemmen1 service. (3) The unofficial member of the board shall be entitled to his ac1u1.I ouM>f-p0ckct expenses, and the CommiSJioner may, 11 his discretion, allow 10 him such further remuneration as he may think fit. (4) ln appointing any compensation board the Commissk>ncr may:- (a) define the Hmhs of the jurisdiction Of th1: board: J7. (S) (6) ': (7) ;, (8) (9) (b) appoint any member by name or ex officio: (c) In case any person appointed shall be or become unable or unwiUing to act, or shall die, appoint another member in his place. Every appointment mt1de under this s.eclion shall be notified in the State Gazelle. A compensation boa.rd shall have all the powers or the Hlgh Court to sum-mon witnesses. and to call for the production of books. plans Of documents and to examine witnC$SCS and parties on oath and all persons summoned 10 attend and give evidence or to produce books. plan.s or documents shall be bound to obey lhe summonses served upon them as fully in all respects as irthe summonses bad been issued by the High Court, ind shall be entided to like expcn$Cs as if they have been summoned to attend 5uch court on I criminal triaJ, if the same shall be allowed by the board, but lhc board may di.sallow the whole or 1ny pan of such expenses in any case if they think fit. lf1hc two members of a compensation board arc unable to a,grcc on the amount of compensation to be awarded (or on any point or praetice or procedure arising before 1hc,n) the amount of such compensation (and che pointof practtOC or procedure) shall be referred for decision to a judge of the High Court, who shall fo, purposes of the reference be deemed to be a member of the compensatfon board, and whose docision shall be deemed to be the decision of the board, The award of the compensation board shall be in writing, sisned by the members or by the Judge, u the case may be, and shall be final. Any witness who $hall wilfully give fa.lse evidence lf\any proceedings befOfC a compensation board shall be guilty of perjury and be l~oble 10 be prooecut<d and punished accordingly, Every claim for compensation shall, within two months after the happening of the event ln respect ofwflieh the claim is made. bo sent either directly to the compensation board or to an admtnistrativeofficer fortransmlssion to such board; and noclaiO) which has not been sent to either such board or officer within the said period of two months shall be entertained unless with the consent of the Commis.sioner, 83659 r,,,... willtin which dolrrv/"" ~OlltprNOlhM shall he tttOdt! B3660 Pl'UJlfllPtltHt of 39. An11111l"'10 Pow,, I(> mot. 40. n,fu J. ,j. No civil proceeding of any kind whatsoever shall, wit~oul the written QOnscnt of the Attomcy-Ocncral; be brought again$~ any person for damages or compensation in respect of any mcl.sure.s taken or to be taken under this Law to prevent the spread t'>r any infec---tious disease. ···:. Where a person ln charge of or In attendance on or living with a person suffering from an infe,ctious disease is charged W)th an pffenccagainst this lawrcla.tive to such infectious diseesc, he sh.all be presumed to have known oftbc existence of such di~ in .such person unless and until he shows to the satisfaction of the OO<ltt that he hid not such knowledge and could not with reasonable diligence have obtained such knowltdgc. • The Governor may make rulcs- (oJ for l.solating all persons suffering or suspected• lo be suffering from an in-fectious disease, or brought into conl.6ct with any person so suffering, or suspected;, (I,) for inspecting and grantin,a pcnnits to persons travelling by sea or Land from a place where an infectious dise&se has occurTCd, and fordisinfec:1ing thcirck>lhes and'cffedS; (c) for closing. desttoying. disinfecting, cleaning orothei-wise rendering harmless, house,, buildings, latrines, welts, dustbins., dumping grounds a.nd any place that by reason of the eldstcncc of infectious disease ii m11y be deemed odvisable so 10 deal with.; (d) for prohrbiting the removal of property from infected houses; • (e) fot p,-escrlblng the mode •~burial or disposal of the bodies of persons dying from an infccHous disease; ' U> for the removal of persons from an infected aica the evacuation of which has been ordered by the Governor; {g) for establishing a cordon around any place where an infectious disease has occurred or otherwise preventing persons departing from or going to any such place; (h) for prescribing th~ reporting of cases of sickness and death; (i) for the erection of temporary huts, mortuaries and similar buildings by the chiefs or headmen of towns or villages; 0) prescribing the acrs or things, done undc:r any rule> in respect or which compen-sation may be paid; (I) (n) for declaring whelher compensation shall be paid OUt of general revenue, or out of the funds of a local government; for the publication within the area affected of any, notice under teelion 19 or rule made under this section; for prescribing• the procedure to be adopted by a c.ompens.ation boa.rd; and scncrally for the better carrying fnto effect of any of the provisions of thi! Law relating to infectious diseases. Miscell~ou.t Pn:wisions B3661 41. A local government council may make by-Jaws with regard t·~ c~lfffl;l, P"IJ)(N" ~ th • bl' la • . /or wltidr b,-.law1 \J) cma,ntcnance ofpu 1e tnnes, urinals, dust-bin, and "'aybf-M(ldf' manure and night-soil depolS in a sanita,y condition; (Ii) the disposal or destruction of refuse and sewage; (ill) surfl'lccscavenging, and theremovaJ and disposal of night­ soil and of other refuse; (I~) 1hc cleansing of streets; ~) the provision and proper construction of rubbish receptacles on private prem~ses; ('Jlj the erection a·nd construction, demolition, re--erection and construction, conversion and reconversion, alleration, repair, sanitation and ventilation of public and private buikfing.s; • {vii] the prevention of overcrowding in premises or rooms either in respect of human beings or animal$, including the designation or1n officer to fix (1ubject, where the premises or rooms arc situated within the are.a of a local authOfity, to n right of appeal by any person affected to such authority) the maximum number of human beings or animals wliich may occupy any particular premises or room; (viii) for prevendng in any place where an infectious disease exists, the holding of public meetings or the performance of funeral or other local customs likely to tend to the dissemination of such infectious disease; ruJ for Che descrue1ton of rats, mioc and other kinds of vermtn, and ·, of Oeas, bugs, or any other such parasites as h may be deemed odvlsnbk lo dcsft'O)' and for rffldcring houses ra1-proof, 03662 f;rJ 1hc snni1nry mninl<inance of r11ct0rics, wotk$hops, breweries :1mJ pl:1cci-or pub1ic: ins1ruetion, rccrco1k1n or :1s;semlJly; (xi) 1he. re&ula1ion of bake-houses, dairies, o.er:llcd w:1ler ,nnnufocmrers. ca1init houses and food--p1cp:1tingor food- l';:•itJltJ'/Ot' (lh.<rlModfot, .I,). o'.«catl,w1 of 1fa, r.w ObArfltr.d,,n 1Jj' .u. V,Ulc,>"b.r tJt'.OIPh'' t>r<:scrv Ins es1nb 1 ishmcl'll$: (xii) the regulation ofluunddcs ond wash-lJOOSCS; ('diJJ the ndmission into :.in)' urbml nret'I of ct111le or other :mi11111ls~ (.,;iv) tht cons1ruc1ion. positinn nnd rropc-r sanitarymaintcn:mec ornll ~1l:1ccs ,"1,erc nninmls :.uc kept; ,~,1 the '"c1hodt m be ndoptcd in cleansing n11d di..infl.!otins place:s which h1t,·e been o,c.e.\lpied by :111)' :mi1m1I surn~ring frorn a cont:i,gious or infectious disc:isc; (n>i) prescribing the dudes of nny person employed in conr1cction wilh 1111y of1hc purpo~.s of this L:wr. (.-cvii) prohibiling or regulnting the m:iking or borrow pil5 c>r excnv1uiuns~ (.1:l'iii) prohibiling0tfCi,llln1ing the sinking or wells ::ind pro"iding. for the closiog of wells~ and (X\'ivJ prohibiting. rcgultning cu prescribing such nililtl'r! or thinJ;S ns mil>' be d~cmcd flCGil:SSlltY c.r advisnble In the intcrc-st o( t1,c public health, nnd g,encr:1tly for c;uryiog out and gi\'ins cOC"ol to the objects 11ml ,n,rp0scs nf this Law, No by 4 1nw O\:!de b)'-' local go\'crmm:n1 under this Law i:ha11 come in10 opcrntion until i1 h.1s beco approved by the Qovcrnur. Legal l'rnce~dmgs 1 )' person who wilfull>' hindcrS. prevc:n1S,-Of obstruetsany hcahh omccror other pcrS(ln ln 1he execution or this I.aw shaU 1)4,: li:.lbk 10 n lioc of 1cn noirn.. lf the occupier or any prcmisci. prevents the owner thereof rro111 obeying, "ny order 111;\de-under or ctirrying i010 effccl any 01'1he prO\'isions of 1his L::iw. the CQur1, 011 complnint, nnd on proof" of ~uch prevcnlion. shnl1 by ordc.r require such occupier 10 permi1 the cxcculion of m~>' works which 11ppenr 10 the cou11 nucc.ss:uy for 1hc purrosc or obeying such (u•der or c:1rrying i1110 cffccl such 47, (I) provision, and if, within twenty~four hours after service on him of the order sucb OCC'Upicr fails to comply thCffWilh. he shall be liable to a fine of ten na.ira for every day durina the continua6CC of such non--compliance, 83663 45. For every contravention of the provisions of this Law and for every Gvvrol ~Mldt1 omiss-ion to 00 anything required to be done by or under this Law 46. 47. 48, for which no other penalty is provided, the offender shall be liable to a fine of fifty naira. (I) All penalties. fine$, COJts and expenses, the recovery of Rtt.ow,y(Q which is not otherwl.se provided for, shall be recoverable ,w1t0l1Ju upon summary trial. (2) The Governor may by order confer upon all or any area courts jurisdiction to Impose penalties, and to order the payment of costs and expenses, under thi., Law, upon or by persons subject to the jurisdiction of such court, subject to such restrictions and limitations, if any, as may be specified in such order. (I) A notice, order or document required or authorised by 1his Servi« of ttq1kt:s Law 10 be served on the owner oroccupieror any premises shall be deemed to be properlyaddrcsS«I ifaddn:ssed by the description of the qownei" or .. o«upier" or sueh premjses without furtht:t description, 11-nd shalt be deemed to be property served ifit is delivered IO some adult person on the prcmis1;1, or, if lhcre is no such person on the prcntts'"es to whom the same can with reasonable diligen« be delivered, by fixing the notice on some conspicuous part i,f tbe premises. (2) A ooticc, order or document required or authorised by this Law to be served on any pets0n (including a.n owner or occupier) may be served- (I) (a) by delivering the same to such person; (b) bydelivcrina the same-, at the U$U&I or last known p1aco of abode of such person, to some adult member or servant of his family. The occupier of any premise$ shall, If required by any Ocnq,kr ,0 t1w. health officer or any police officer, give his name a.nd the l,if(lfflfOtkm name and address of the owner of the premise$ if known. (2) Any occupier declining to give or wilfully misstaring the name or address either of himself or of the owner shall be liabte to a fine of tea naira. B3664 lhd~, of polttt Sanitary ircsp«• torsto"'"' ,, ,.of comtobft.t Jotndu ef PQ"Jl•s Pmfcd .. o/ /tf-oltlr o/Twtr .. 49. 5-0. 51. 52. 53. ' . Every police officer shall gr\le infonnaHon to the hcehh ofJicerof any offence which he knows or has reason to believe has, been committed against this Law. Every sanitary inspector while .actina a, such shall. by virtue of his appointment and without being swom in, be deemed to be a police officer and have all powers and privileges ofo po lie~ officer for the purpose of the execution of his duty under 1his l.aW: Where any nuisance appears to be wholly or panialty caused or contributed to by the acts or defaults of two or more persons (including an owner or occupier). any order may be served on one or several or all of such pcrso.ns Bnd proceedings may be instituted aplnst one or several or all of such pcrson1, whether in one procecdlng or not. and one or-&everal of all such persons may be ordered to abate such nuisance so far as the same appears to the eout1 to be cau$Cd by his or their act$ or dcfauhs which the court finds as a maneroffac-t contribute to such nuisance, or may be fined or otherwise punished notwithstanding that the acts or • defilu(ts of an)'one of such persons would not scpnralel)' have caused a nuisance. and the costs may be distributed a.s ro the court may appear fair and reasonable. Where in any procccdin&undcrthi.s Law any person ls summoned or otherwise dealt with as the occupier of premises irhc alJegcs that be is not the~upier, the proof of $Ueh allcgat.On shall bcon him. A beahh officer or other person shall not be liable 10 any action, liability or demand°" aocoun1 ofan)'1hing done by him bona/Id• for the purpose of executing this Law.