Public Health Act, 2015 (No. 13 of 2015)

1. Short title and commencement

2. Act binds Republic

3. Interpretation .PART II - ADMINISTRATION

4. Commissioner to administer the Act iii Ie

5. Public health officers Ii '.·.Ii. " PART 111- PROTECTION OF WATER SUPPLIES "1 ,.Ii".

6. Protection of water supplies , ".'1',"

7. Polluted or unwholesome water forbidden for human consumption , PART IV - EXTIRPATION OF DISEASE VECTORS, , ' PESTS AND VERMINS

8. Prevention of infestation PART V - UNHEALTHY DWELLINGS

9. Unhealthy dwelling 10. ,Procedure where dwelling is unfit and considered beyond repair II. Procedure where,part of dwelling is unhealthy

12. Overcrowding of dwellirig

13. Effect of notice' prohibiting occupation

14.' Public sanitary convenience

15. Insufficient sanitary conveniences

16. Cleaning and maintenance of sanitary cOIJ,venience

17. Sanitary conveniences in work places

18. Buildings to which public has access to.be kept clean

19. Appeal to Supreme Court I:, ' 134 Supplement to Official Gazette [19th October 2015J [19th October 2015] Supplement to Official Gazette 135 PART VI - NUISANCES PART X - CEMETERIES, CREMATORIA, MAUSOLEUMS,

20. Nuisance defined VAULTS AND FUNERAL PARLOURS 21. 22. 23. Powers to investigate Notice to abate nuisances Proceedings at Instance ofprivate complainant I 43. 44. Approval and licence for cemeteries,crematoria, mausoleums, vaults and funeral parlours . Declaration of cemeteries, crematoria mausoleums vaults and funeral parlours .

45. Closure of cemeteries, crematoria and funerai parlours PART VIl- NOTIFICATION OF NOTIFIABLE DISEASES 46. P=it for private bUrial

47. BUrial and cremation to be in authorised place

24. Notification of notifiable diseases 48. Permit for.exhumation

49. Exhumation in public interest PART VllI - PREVENTION AND CONTROL OF INFECTIOUS 50.. Procedure where human remains are disturbed DISEASES 51. BUrial of corpses of destitute persons or of unclaimed corpses

52. Receipt of persons dying of infectious diseases without permission

25. Reporting of possible public health emergency 53. Regulation for control and managemerit of cemeteries, bUrial, etc.

26. Prevention of introduction of infectious diseases

27. Prohibition of importation and exportation of human remains . PART XI - PROHIBITION OF CERTAIN ACTlVITrnS

28. Medical examination and treatment

54. Prohibition ofwashing of clothes, etc., in non designated water bodies

29. Post mortem examination 55. Prohibition of conduct of offensive trades

30. Isolation 56. Obligation to report sickness of animals 3 L Disinfection of premises 57. Removal of industrial waste, stable refuse, etc. 32. . Destruction of infected bedding, etc. 58 Waste collection facilities

33. Destruction of source of infectious disease 59. Maintenance of refuse lifts, chutes and chute chambers in building 34.. Disposal of animal, animal produce, food or water 60. Building workS constituting danger to life, health, etc.

35. Prohibition of exposure of infected person

36. Preventing from entering into infected vehicle or vessel and disinfection PART XII - MISCELLANEOUS of such vehicleor vessel 61. Protection for actions taken in good faith

37. Letting, subletting or selling ofpreviously infected premises 62. Services of notices

38. Withholding of, or giving false information 63. Compounding of offences'

39. Supplying false or misleading inforrilation when donating blood 64. Regulations

40. Report of a death caused by infectious disease 65. Repeal and savings PART IX - SEXUALLY TRANSMITTED INFECTIONS FIRST SCHEDULE - Infectious Diseases SECOND SCHEDULE - Notifiable Disease

41. Prohibition of treatment by unauthorised person'

42. Prohibition of unauthorised advertisement THIRD SCHEDULE - Offensive Trades [19th October 2015] Supplement to Official Gazette 137 PUBLIC HEALTH ACT, 2015 (Act 13 of 2015) I assent J.A. Michel President 16th October, 2015 AN ACT to repeal and replace .the Public.Health Act (Cap 189). ENACTED by the President and the NationalAssembly. PARTI-PRELIMUNARY

1. This Act may be cited as the Public HealthAct, 20 15 Short title and and shall come into operation on such date as the Minister may, commencement byn9tice in the Gazette, appoint. .' .,,- 138 Supplement to Official Gazette [19th October 2015] Supplement to Official Gazette 139 [19th October 2015] Act to bind 2. This Act binds the Republic. (9) "child" means a person who is under 18 years Republic of age; Interpretation 3. In this Act, unless the context otherwise require- (1) "abate" includes taking of all reasonably (10) "Commissioner" means the Public Health practicable measures to preventrecurrence; Commissioner appointed under section 7 of . the Public HealthAuthorityAct, 2013; (2) "adult" means a person who has attained the age ofeighteen years; (11) "condition of public health importance" means a disease, syndrome, symptom, injury (3) "ashes" means the cremated remains of a or other threat to health that is identifiable on corpse; a person or within the community and can reasonably be expected to lead to adverse. (4) "Authority" means the Public Health health effects in the cominunity or country; Authority established under section 3 of the Public HealthAuthority Act, 20 13; (12) "contact" means a person who has been identified as having been exposed, or (5) "building" includes any house, hut, shed or potentially been exposed, to a contagious or roofed enclosure, whether used for human possible contagious disease through another habitation or otherwise, and any structure, . individual or non-human source with the support or foundation connected to any of contagious or possible contagious disease; them;. (13)' "contanrinated materials" means wastes or (6) "burial" means the disposal of a corpse or other materials exposed to or tainted by part ' thereof in the earth or at sea. and chemicals, radiological or biological includes any other approved mode of substances or agents; disposal; (7) "carrier" means a person who, although not (14) "contagious disease" means an infectious· exhibiting clinical symptoms of an. disease that can be transmitted from persou infectious disease at the time, is for well toperson or from nonhuman sources; founded reasons and after laboratory or other tests confirmed as being infected and capable (15) "corpse" means a dead body and includes of spreading such disease; any partofadeadbody; (8) "cemetery" or "burial groUnd" means any (16) "cremation" means burning a corpse to ash; place authorised under the Act for burial and includes a place authorised for above ground. (17) "crematorium" means an authorised building burial; or site where cremation takes place; [19th October 2015] Supplement to Official Gazette 141 140 Supplement to Official Gazette [19th October 2015] (18) "dispositl facility" includes a dump site, an including a fungus, bacteria, parasite, incinerator or any plant, machinery or protozoan or virus and any disease listed in apparatus used for the processing or the First Schedule; treatment ofrefuse or waste; (26) "infectious waste" means-, (19) "dwelling" means any building or, tenement, house, shed, hut, tent, vehicle, vessel, boat or (i) biological waste, including blood and any other structure or place whatsoever or blood products, excretions, exudates, portion thereof in which any human being secretions, suctioning and other body sleeps orresides; , , fluids and w~te materiitls saturated with blood or body fluids; (20) "exhumation" means the removitl of a body or the remains ,of a body from the grave; , ' (ii) cultures and stocks, including, etiologicitl agents and associated (21) "food" has the same meaning as assigned to biological, specimen cultures and it under the FoodAct, 2014; dishes and devices used to transfer, inoculate, and mix cultures; wastes (22) "funeral parlour" means any premises from production of biologicals and authorised by the Commissioner for serums, discarded live and attenuated receiving corpses for the purpose of vaccines; preparation for burial or cremation, carrying out of funeral rites or ceremonies prior to buriitl or cremation; (iii) pathologicitl waste, including biopsy materials 'and all human' tissues; anatomicitl parts that emanate from 23) "guardian" means any person other than a 'Surgery, obstetrical procedures, parent having the actual custody of a child; necropsy ,or autopsy and laboratory procedures, and animal carcasses (24) "health care provider" means persons or exposed to pathogens in research, the institutions that provide heitlth care services bedding and other waste but does not including but not limited to hospititls, inciude teeth, formitldehyde or other medical clinics and offices, special care preservative agents; and facilities, medical laboratories, physicians, pharmacists; dentists, nurses, paramedics, laboratory technicians and co=unity I (iv) needles, LV, tubing with needles I attached, scalpel blades, lancets, health workers; breakable glass tubes and syringes that (25) "infectious disease" means a disease caused have been removed from their sterile by a living organism or other pathogen, containers; -' - ~,. 142 Supplement to Official Gazette [19th October 2015] Supplement to Official Gazette 143 [19th October 2015] (27) "isolation" 'means separation and annoyance,offence,harm,dangeror~amage segregation from, and interdiction of contact to the sense of sight, smell or hearmg, or with, persons who are infected or suspected .danger to health or property; of being infected to prevent or limit the transmission of disease; (36) "occupier" means the owner or o~er person in actual occupation of any prenuses. or part (28) "market" means a designated premises used thereof and in the case of premises let out to for the purpose of trade in meat, fish, fruit, tenants or lodgers in whole or in part, the vegetables, foodstuff and other approve.:! person having the charge, management or commo.dities· excluding live animals and control of such premises or part thereof and, includes any premises therein used for sale of in the case of a vessel, its master; goods. or used in conjlUlction or connection therewith or appurtenant thereto; (37) "offensive trades" means trades listed in the Third Schedule; (29) '~master" means the person in charge of a vessel; (38) "officer" means a Public Health Officer appointed or designate~ lUlder section 11 of (30) "mausoleum" means an approved bUrial the Public HealthAuthonty Act, 2013; place; (39) "owner" in relation to any premises, means (31) "medical practitioner" means a person the pers~n for the time being recei;vmg the . registered as a medical practitioner lUlder the rent of the premises, whether on his. or h~r Medical Practitioners and Dentists Act; own accolUlt , as agent, trustee or receiver, m relation to any premises where building (32) "medical surveillance" means the works are carried out, includes the developer, requirement that persons who are not and in relation to lUloccupied bare land., detained., but whose movements may be. means the person registered as owner of such restricted, ·attend medical examination at land; times and places specified by the Public Health Commissioner; (40) "parent" means the father or mother' of a child., whetherlegitimate ornot; (33) "Minister" means the Minister responsible for Health; (41) "premises" means any building or dwelling, the land forming the site thereof and any (34) "notifiable disease" means any disease listed adjoining land used in connection therewith, in the SecondSchedule; and includes any vessel orvehic1e; (35) "nnisance" means any act, omission or thing (42) "Planning Authority" means the Town' and occasioning or likely to occasion injury, COlUltry Planning Authority established [19th October 2015] Supplement to Official Gazette 145 144 Supplement to Official Gazette [19th October 2015] (49) "sexually transmitted infection" means under section 3 of the Town and Country primary or secondary syphilis in contagious Planning Authority Act; form, acute or chronic gonorrhea, gonorrheal opthalmia, soft chancre or lymphogranuloma (43) "police officer" means a police officer' inguinale, granuloma venereum, human appointed under section 4 of the Police immunodeficiency virus or acquired immune Force Act; deficiency syndrome or any other disease set out in the Integrated Disease Surveillance (44) "public health emergency" means a situation and response Guidelines; where there is spread of, or apprehension of spread of, the epidemic diseases, like, (50) "school" means any ,public or private meningococcal meningitis, cholera, dengue, institution for preschool, primary, secondary plague, louse-borne typhus, yellow fever and or higher education and includes a hostel or any other disease specified in an Integrated boarding house for the attendance, Disease Surveillance and Response Manual acco=odation and care ofthe students; or such other disease as may be mentioned in the notice of public health emergency (51) "stable refuse" means the dung or urine of declared under section 25(5); birds, poultry or animals and the sweepings or refuse or drainage from stables or cattle- (45) "public latrine" means any latrine or urinal in sheds or places for keeping animals, birds or a public place to which the public have poultry; access whether upon payment or not; (52) "street" means any highway, road or lane and includes any strip of land reserved for a (46) "quarantine" means the physical separation flyover, highway, road or lane and any and confinement of a person or group of bridge, footway, square, car-park, court, persons, who are or may have been exposed alley or passage open to the public whether a to a contagious or possibly contagious thoroughfare or not; disease and who do not show signs or symptoms of a contagious disease, from non- (53) "test or examination" means any diagnostic quarantined persons, to prevent or limit the or investigative analysis or medical trans~ssion of disease; procedure that determines the presence or absence of or exposure to a condition of (47) "receptacle" means any bucket, bottles, tin, public health importance or its precursor, in a shell or other article; , person; (54) "trade premises" means any premises used or (48) "sanitary convenience" means any place or intended to be used for carrying on any trade , facility used as a latrine, urinal, lavatory or bathroom; or business; , ~,- '-

146 . Supplement to Official Gazette [19th October 2015] [19th October2015] Supplement to Official Gazette 147 (55) "vehicle" means any kind. of transport propelled or drawn by mechanical or (2) The Commissioner shall take necessary measures electrical power or by an animal or a person for ensuring cleanliness, sanitation and for the prevention of and used. or intended to be used for the diseases and the maintenance and improvement ofthe health of conveyance ofpersons or goods on a road; themembers bfthe public. (56) "vessel" includes any kind of water craft . 5. The Commissioner may, ·in consultation With the Public health . . ' Minister, delegate such ofhis or her functions under this Act to officers arrcraft or hover craft; such public. health officers, as may be necessary to assist the . (57) "waste".includes- Commissioner in performance of his or her functions under this Act, on such terms.and conditions as may be considered (i) any substance which constitutes a scrap appropriate. . material or effluent or other unwanted surplus substance arising from the PART ill _PROTECTION OF WATER SUPPLIES application of any process; or 6. . . The Commissionershall- Protection afwater (ii) any substance or article which requires supplies (a)· by all practicable means guard against and to be disposed of due to being broken, prevent the pollution of any water supply worn out, contaminated or otherwise which is used or may be used for drinking, spoiled, domestiC, recreational or industrial purposes; and and for the purposes of th:ls Act anything which is discarded or otherwise dealt with as (b) where any such supply has been polluted or if it were waste shall be presumed to be waste exposed to risk of pollution take all practical unless the contrary is proved; . measures to BtOP any further pollution and to have the water purified. (58) "w~ter bodies" includes rivers, streams, sprmgs,. water courses natural and artificial', 7.(1) A person shall not sell or offer fcir sale water, Polluted or . unwholesome intended for. human consUmption, which is polluted or ,water (59) "work place" means any premises or place unwholesome. forbidden for human used for any industrial, trade, commercial or consumption manufacturing purpose and includes all (2) The Commissioner may, by notice in writing, stop construction sites, work sites and farms. the sale or offer for sale of water which is polluted or unwholesome intended for human consumption, if the PART II - ADMINISTRATION Commissioner is of the opinion that the quality of such water does not comply with the standards prescribed by regulations. Cominissioner 4.(1) . The Commissioner shall be responsible for the to administer administration ofthis Act. . (3) Ar).y person who contravenes or fails to comply the Act with subsection (1) commits an offence and shall, on [l9th October 2015] Supplement to Official Gazette 149 148 Supplement to Official Gazette [19th October 2015] PART V- UNHEALTHY DWELLINGS conviction, be liable to a fine not exceeding SCR50,000 and for a second or subsequent offence a fine not exceeding 9.( 1) Where the Commissioner considers that a dwelling Unhealthy SCR75,000. or part thereof is unfit for human habitation, the Commissioner dwelling shall serve on the owner and on the occupier of the dwelling a PART IV - EXTIRPATION OF DISEASE VECTORS, notice to remedy the defects by making such repairs, PESTS AND VERMIN alterations or additions, as the Commissioner considers reasonably practicable and necessary, to render the dwelling fit Prevention 8.(1 ) Every occupier and owner of a land or premises for hunian habitation. of infestation shall at all times keep all parts of the land or premises free from any collection of water, waste or other material conducive to (2) A notice issued under subsection (1) shall specifY the infestation of such land or premises with rats, mice, the steps to be undertaken with sufficient particulars to enable mosquitoes, insects or other vermin. the owner or occupier of the. dwelling to appreciate the requirements and to ascertain the probable cost of compliance (2) Where the Commissioner is ofthe opinion that any with the notice. premises or land is infested with rats, mice, mosquitoes, insects or other vermin may, by notice in writing, require the owner or (3) The owner or occupier of the dwelling may, within occupier of the premises to take. such measures at his or her one month of service ofthe notice, submitto the Comrnissioner own expense as the Commissioner may consider necessary, alternative proposals for effectively remedying the defects . within the period specified in the notice, for the elimination of mentioned in the notice and such proposals shall include plans the rats, mice, mosquitoes, insects or other vermin and the showing clearly the scope and effect of the proposals with such destruction of their breeding places and the prevention of any particulars of dirnensions and quantities llufficiently detailed to re-infestation. enable the cost to be estimated. (3) Where infestation ofrats, ririce, mosquitoes, insects (4) Upon the submission of any alternative proposals, or other vermin exists on vacant land or premises; and the the Commissioner shall examine the proposals and if it appears owner, by exercise of reasonable diligence, cannot be found that they require any amendments negotiate with the proposer and the Commissioner is of the opinion that s)lch land or for such amendments. premises pose an imminent danger to public health, the (5) Where the alternative proposals are accepted with Commissioner may enter upon the land or the premises and take such measures as the Commissioner considers necessary or without amendment, ·tIre Commissioner shall serve on the . owner and the occupier an amended notice to remedy the for the elimination of such mts, mice, mosquitoes, insects or other vermin. . defects, substituting the original· requirements with the alternative amended proposals, with amendments if any, and , specifYing a time limit within which the defects are to be (4) Any person who failsto comply with subsection (2) remedied. commits an offence and shall on conviction be liable to a fine not. exceeding SCR50,000 and the court may in addition (15) Where the Commissioner considers that the impose a fine of SCRI 000 for each day or part thereof during dwelling should be vacated while the defects are being which the default continues: 150 Supplement to Official Gazette [19th October 2015] lSI [19th October 2015] Supplement to Official Gazette remedied, the Commissioner may, at any stage, serve upon the owner and occupier of the dwelling a notice requiring that the (4) Where the Commissioner considers that !he dwelling be vacated within seven days from the date of service proposals are impracticable or that if carried out they would not of the notice and kept unoccupied thereafter until the render the dwelling reasonably fit for human habitation or ifno .proposals are submitted within the period specified in Commissioner has certified that the dwelling has been subsection (1), the Commissioner shall serve upon the owner rendered fit for human habitation. and the occupier of the dwelling a notice to vacate the dwelling on or before the date specified in the notice stating his or her (7) If there are ndprop'osals submitted within the reasons for the issue of suchnouce. ' period allowed or ifthe proposals are r~ected or ifthe accepted proposals are not carried out within the period specified in the (5) Any person who remains in, or enters into a notice under subsecti9n (5), the Commissioner shall serve dwelling in contravention of a notice prohibiting occupation ot upon the owner and the occupier of the dwelling a notice requiring vacating the dwelling, commits an offence and, on requiring the dwelling to be vacated Within 14 days from the conviction shall be liable to a fine not exceeding SCR50,000 date of service of the notice and prohibiting the occupation of and the court may in addition impose a fme of SCR3,OOO for the dwelling thereafter until the Commissioner has certified each day or part thereof duriog which the default continues. that the dwelling has been rendered fit for human habitation.

11.(1) Where the Commissioner considers that any part of Procedure where part Procedure 10.(1) Where the Commissioner considers that a dwelling' 'a dwelling is unfit for the purpose for which it is being used, of dwelling where is unfit for human habitation and that it cannot be rendered fit the Commissioner shall serve on the owner and the occupier of is unhealthy dwelling is the dwelling 'a notice to make such altemtions and repairs as are unfit and by any alterations or repairs which are practicable, the . considered Commissioner shall serve upon the owner or occupier of the specified in the notice and to discontinue and prevent the use of beyond repair that part of the dwelling for that purpose until the alterations dwelling a notice to show cause, within a period not less than and repairs have been completed to the satisfaction of the one month from the date of service of the notice, why an order Commissioner. prohibiting further occupation of the dwelling should not be made. (2) Where the Commissioner considers that any dwelling or part thereof is unclean, verminous, defective or' (2) The owner or the occupier of the dwelling, may unhealthy, the Commissioner shall serve on the owner and the show cause by submitting proposals for altemtions or repairs occupier of the dwelling a notice to make such alterations, and such proposals shall include plans showing clearly the remedial work and repairs as are specified in the notice. scope and effect of the proposals with particulars of dimensions and quantities sufficiently detailed to enable the (3) Where anutice issued undersubsection(l) or (2) is cost to be estimated. not complied with, the Commissioner may prohibit the occupation of the whole dwelling until such alterations, (3) On submission of proposals under subsection (2), remedial work and repairs have been completed to his or her the period ofthe notice shall be extended to sUch period as may satisfaction. be necessary for the Commissioner to examine the proposals and negotiate with the proposer for any amendments which 12.(1) A person shall not permit a dwelling to be Overcrowding may be required. 'overcrowded where in the opinion of the Commissioner it is of dwelling injurious or dangerous to the health ofthe residents. ' [19th October 2015] Supplement to Official Gazette 153 152 Supplement to Official Gazette '. [19th October 2015] prejudicial to health or a nuisance and it cannot without . ~2) Any person who contravenes subsection (1) reconstruction be put into a satisfactory condition, the comnnts ali offence and shall on conviction be liable to a fine not exceeding SCR75,OOO or to imprisonment for a term not Commissioner shall, by notice in writing, require the owner or exceeding 3 years or both such fine and imprisonment occupier of the building to execute such works or to take such steps as may be necessary to remedy the defects, within such Effect of 13. The service of a notice prohibiting occupation of a period as may be specified in the notice. notice dwelling shall terminate all tenancies and sub-tenancies of the prohioiting dwelliog or any part of it and any person who receives or (2) Any person' who fails to comply with the notice occupation under subsectioll (I) commits an offence and shall on attempts to obtain any payment in respect of rent of the conviction be liable to a fine not exceeding SCR75;000 or to dwelling or any part of it for any period during which such imprisonment for a term not exceeding 3 years or both such fine notice is in force commits an offence and shall ()n conviction be and imprisonment. liable to a fine not exceeding SCR75,000 or to imprisonment for a term. not. exceeding 3 years or both such fine and 17.(1) All workplaces shall be provided with adequate, SanitaIy imprisonment. suitable· and separate sanitary conveuiences for males and conveniences in workplaces females, at such locations as the Planning Authority in Public 14. The ~mmissioner shall ensure that adequate and consultation with the Commissioner may decide, unless the sanitary coveniences suitable public sauitary conveuience for males and females .are Commissioner deterntines in writing that in the particular provided at convenient locations and are properly maintained. circumstance the provision of such separate sanitary conveuiences for males and females in a specified workplace Insufficient 15.(1) Where it appears to the Commissioner that any 1S unnecessary. sanitary building, public facility or part thereof is not having or is covemences without sufficient and adequate sauitary conveuiences for (2) .Where it appears to the Commissioner that males and females, the Commissioner shall, by notice in subsection (I) has not been complied with, he or she shall, by writing require the owner of the building or facility to provide notice in writing, require the owner or the occupier of the the building or any part thereof with such number of sauitary workplace, as the case may be, to make such alterations to the conveuiences as may b.e necessary for the persons using the existing sauitary conveniences and to provide such additional sauitary conveniences within such period as may be specified building or facility, within such period as may be specified in in the notice. . " the notice. '. (3) The owner or occupier shall maintain such sauitary (2) Any person who fails to comply with the notice conveuiences in a clean and hygieuic manner so as nono cause under subsection (1) commits an offence and shall on any nuisance to anybody. conviction be liable to a fine not .exceeding SCR75 000 or to . . ' lDlpnsonment for a term not exceeding 3 years or both such (4) Any person who fails to comply with the notice fine and imprisonment. under subsection (2) or fails to maintain sauitary conveniences in clean and hygienic manner under subsection (3), commits an Cleaning and 16.(1) Where it appears to the Commissioner that any offence and shall on conviction be liable to a fine not exceeding :mallltenance sauitary conveuience provided for or in connection with a SCR75,00,0 or to imprisonment for a term not exceeding 3 of sanitary coveniences .building or part thereof is defective or in a condition that is years or both such fine and imprisonment. 154 Supplement to Official Gazette [19th Octcber 2015] Supplement to Official Gazette [19th October 2015] Buildings to 18.(1) The owner or 'Occupier of any building or any part 19.(1) A person aggrieved by a notice served under this Appeal to which public has access to thereof ~o ",hieh the public have access shall regularly clean Part may, within 30 days of the service of the notice or of the Supreme Court . be kept clean such bUlldmg or part thereof and keep it clean, in gcod repair issue o~ the decision of the ColllDiissioner relating to any and free of any ccnditions as may endanger the lives 'Or health alternative proposals, whichever is later, appeal against the of the emplcyees, members 'Of the public and other users of notice or decision to the Supreme Court to have the notice or such building Or part thereof, decision quashed or any conditions thereofvaried. . (2) Where in the opinion 'Of the Commissi'Oner the '. -. ' owner cr. ccc~plerof a building 'Or part therecf fails to ccmply (2) An appeal under subsection (1) shall not operate as an extension of the period for compliance specified in the W1~ subsec~'On (1), the Ccmmissionermay, by notice in notice but the Supreme Court may, if necessary, extend such wntmg',reqmre the 'Own,er croccupierto take such steps as may period as it may deem· fit pending the hearing and be specified m the nutice to ensure c'Ompliance within such I I determination ofthe appeal. pericd as may be sc specified. I I. PART VI - NUISANCES (3) Any person who fails to comply with the .notice under subsection (2) commits. an offence and shall on 20. In this Part, "nuisance" includes ~ Nuisance defined conviction be liable to a fine net exceeding SCR.7S,OOO or to inlprisenment fer a term uetexceeding 3 years 'Or buth such . (a) premises or part situated or constructed is fme and inlprisenment dilapidated, damp, defective in lighting or ventilation which is prejudicial to health; . . (4) The ~emmissiener may, by notice in writing te the 'Owner or 'Occupier of any workplace or public building 'Or part (b) premises occupied are not provided, thereof~· . situated or constructed or cannot be provided, situated or constructed with (a) S'et out the temperature and humidity level sufficient and suita'ble sanitary for such workplace, building or part thereof; conveniences; and (c) premises or part thereof are overcrowded, (b) require the owner or occupier of such verminous ordirty which is prejudicial tc workplace or: building tu health; (d) . any well, pool or other source from which (I) install automatic devices for recording water is used for hUlUan consmnption, the temperature and humidity level in domestic or industrial purposes which is such wotkplaceor building; and polluted or is likely to become polluted as to be prejudicial to health; (ii) keep such records and charts of the temperature and hUmidity level in such (e) any place where there exists, or is likely to workplaceotbuilding. exist, any conditiun giving rise to or capable ·156 Supplement to Official Gazette [19th October2015j [19th October 2015]- Supplement to Official Gazette 157 of harbouring mosquitoes, vermms or (I) growtb of weeds, long grass, "trees, bushes, insects; . hedge or vegetation of any other kind which is prejudicial to health and any vegetable that (f) the collection of water, in any well, pool, is dangerous to hnmans either by its effluvia body of water, gutter, depression, excavation or owing to any part ofit being eaten; or receptacle which contains or is likely to collect and hold water in which mosquitoes (m) collection of water, sewage, 'rubbish or other are likely to breed; fluid or solid matter which permits or facilitates the mnltiplication of parasites (g) gutter, drain, chute, stack, pipe, downspont, which may cause or facilitate infection of a water-tank or cistern which causes damp in person or animal; any dwelling so as to be pr~udicial to health; (n) .. excavation permitted to remain in such a (b) deposit of materialor accnmnlation of water state as to be offensive or prejudicial to in or on any building or street which causes health; damp ill any building so as to be prejudicial to health; (0) keeping of animal,. bird, poultry .or carcasses in such place, manner or'in such nnmbers as (i) street or part thereof stream, water course, to be offensive or prejudicial to health; ditch, gutter, drain, soak-away pit, well, pool, cistern, water tank, sink, waste pipe, (P) stable, cowshed or other premises used for slop-tank, dustbin, garbage receptacle, ash- keeping animals or birds which is offensive pit, refuse-pit, soil-pipe, septic tank, sanitary or prejudicial to health; convemence, sewer, cesspool, cesspit, manhole, grease trap, dung-pit or manure (q) accnmulation or deposit of refuse, offal, heap foul in such .11 state situated or i. manure or other matter whatsoever which is constructed so as to be offensive or I prejudicial to health; prejudicial to health; noxious matter or waste 'water flowing or (r) accnmulation of stones, timber or other discharged from any premises into any materials .whatsoever or any building or street, gutter, side channel of any street, structure constructed or any premises in such gully, swamp, water bodies, irrigation • I a state or condition that is likely to harbour channel so as to be prejudicial to health; rats, mice, mosquitoes, insects and other vennm; (k) furnace, chinmey or other place from which. smoke emitted or other unconsumed (s) factory, workshop or other premises causing combustible matter in such quantity or in or emitting effluvia, gases, vapour, dust, such amanner as to be prejudicial to health; smoke or any other hazardous substances in . [19th October2015] Supplement to Official Gazette 159. 158 Supplement to Official Gazette [19th October 2015] such a manner as to be offensive or 22.(1) Where upon inspection, the Commissioner fmds Notice to abate prejudicial to health either within or outside that a nuisance exists, the Commissioner shall cause to be nuisance served upon the person by whose act, default or sufferance the such premises; nuisance arises or continues, or if the person cannot be found, (t) trade premises or other premises not kept on the'owner or occupier of the premises on which the nuisance clean and free from smell or so overcrowded, arises, a notice setting out the particwars of the uuisance, the ill-fitted or ill-ventilated as to be offensive or steps to be taken to abate the nuisance and a reasonable period prejudicialto health; . of time within which the person on whom the notice is served is required to comply with the requirements ofthe notice. (u) vehicle, vessel or aircraft in such a condition as to be offensive or prejudicial to health; (2) A notice issued under subsection (l) may require the stoppage of any work or prohibit any premises from being (v) machinery, plant or any method or process used for human habitation or any other purpose, either used in any premises which is or likely to be indefinitely or until such time the procedure specified in the dangerous to public health or safety; notice )lave been taken to abate the nuisance . . (w) place where there occurs, or from which (3) Upon the expiration of the time specified in the there emanates, noise or vibration. as to be notice served under subsection (l), the Commissioner shall prejudicial to health; cause the site of the alleged nuisance to be re-inspected to verify compliance with the notice and if satisfied that the (x) any other matter deemed to be a nuisance by nuisance has been abated or that the premises has been the Commissioner. rendered fit and safe for human habitation or its intended use, shall cancel the notice. Powers to 21.(1) Where an authorised officer making an inspection investigate has reason to believe that a nuisance affects any land or . (4) If the owner or occupier of the premises cannot be premises, may, in order to investigate the origin, nature or found, or fails to abide by a notice issued under subsection (1), extent of the nuisance cause the ground to be opened or the . the Commissioner may- . drains to be tested or any other work to be executed. (a) cause the nuisance to be abated; (2) An officer referred to in subsection (1) shall obtain the consent of the owner or occupier of the land or premises (b) take action to prevent the recurrence of the before any such work is executed but if the owner or occupier nUisance; and cannot be found Within a reasonable time the requirement of (c) recover any cost incurred from the owner or such consent may be dispensed with. . occupier ofthe premises. (3) If upon investigation under this section nothing (5) A person who fails to comply with a notice served causing or contributing to a nuisance is found on the land or under subsection (1), commits an offence and shall on premises, the same shall be restored at the expense of the conviction be liabkto a fine not exceeding SCRSO,OOO or to Government. [19th October 2015] [19th October 2015] Supplement to Official Gazette 161 160 Supplement to Official Gazette I imprisonment for a term not exceeding 2 years or both such shall, as soon as he or she becomes aware that an inmate or fme and imprisonment and the court may in addition impose a occupier is suffering from a notifiable disease, give notice of fine not exceeding SCRl,OOO for each day or part thereof the fact to the Conlmissioner. during which the default continues. \ (2) A notice under subsection (1) shall be given personally within 24 hours to the Commissioner or to any Proceedings 23. Any person who alleges that a nuisance exists and officer, if none of them are available to a police officer at the at instance that it is injurious orprejudicial to human or animal health may of private report the matter to the Commissioner and ifthe nuisance is not nearest police station. complainant . abated within a reasonable time, the Commissioner may take action in accordance with section 22(4). (3) . The officer or the police officer who receives a notice under subsection (2) shall forthwith communicate the substance ofthe notice to the Commissioner. PART VII - NOTIFICATION OF NOTIFIABLE DISEASES (4) Amedical practitioner attending or called in to visit

24.(1) Where an inmate of an .institution or organisation an inmate or occupier referred to in subsection (1) shall, on Notification becoming aware that the inmate or occupier is suffering from ofnoti:fi.able or occupier of any dwelling or premises other than in a hospital diseases any notifiable disease, forward to the Commissioner a report is suffering from a notifiable disease- stating the name, age, sex and address of the inmate or' (a) the head of the family of the dwelling of the occupier, the state of the dwelling and the notifiable disease occupier or' the head of the institution or from which, in the opinion of the .medical practitioner, the organisation of such inmate being housed; inmate or occupier is suffering and shall also infbrril the person in charge of or in attendance on the inmate ofthe organisation (b) if, the head of the family of the dwelling or or institution or the head of the dwelling or premises in which the head of the institution or organisation is the occupier is found, the nature of the disease and the absent or unable to act, any other adult precautions to be taken to prevent the infection of others. member of the family or acting head of the institution or organisation; PART vrn - PREVENTION AND CONTROL OF INFECTIOUS DISEASES (c) if, no adult member of the family or head of th.;: institution or organisation is present and 25.(1) A health care provider or a medical practitioner Reporting of possible publi,c able to act, the person beingin charge of the o shall report to the Commissioner all cases of persons who are health dwelling or.the person in attendance of such suffering from any disease or condition of public. health emergency inmate ofthe institution or organisation; or importance specified in the Integrated Disease Surveillance o and Response Manual. (d) if, there is no such person able to act, any other person occupier in the dwelling ot an (2) A pharmacist shall report any unusual variations in inmate, member or employee of the prescription rates, types of prescriptions, or customer which organisation or institution, may indicate apublichealth emergency. ,[19th October 2015] Supplement to Official Gazette 163 162 Supplement to Official Gazette [19th October 2015] providing a notice to· the public in such manner as' the (3) .A veterinarian, livestock owner, veterinary director Commissioner deems 'necessary and in the Gazej1e and or other person having the care of animals shall report animals requisition such equipment or building, whether occupied or having or suspected of having any diseases or conditions that , unoccupied, as may beprescribed by regulations. may be potential causes or indication of a public health emergency. (6) A person who fails or unreasonably delays to comply with the requisition under subsection (5), commits an (4) A report under subsection (1), (2) or (3) shall be offence and shall on conviction be liable to a fme not, made electronically or in writing within 24 hours to the exceeding SCR 50,000 or to imprisonment for a term not Commissioner and shall include the following information- exceeding 3 years orboth such fine and imprisonment. (a) in the case ofahuman- 26.(1) The Minister Jnay, for the purpose of miniJIlising Prevention of the danger of introduction of infectious diseases into introduction of infectious (i) the name, date of birth, sex, Seychelles, prescribe by regulations- diseases occupation, home and work addresses ofthe person affected; , ,(a) the restriction or prohibition of the entry into Seychelles any corpse or ashes from any (a) name and address of the reporting specified COUlitry or area; person; (b) the restriction or prohibition of the (iii) the' suspected, probable or confinned importation into Seychelles of any animal, specific disease, illness or condition food or article; that is the subj ect ofthe report; (c) the requirements or conditions regarding (iv) condition related to animal or insect medical examination, detention, quarantine, bites, the suspected location, disinfection, vaccination, isolation, medical information ofthe animal or insect and observation and medical surveillance of the name and address of the owner of persons entering Seychelles; the anirnal; and (d) the requirements or conditions of veterinary (v) any other information needed to locate examination, inoculation, vaccination, the human or animal; or segregation and quarantine ofanimals; or (b) in the case of an alllimal, the suspected (e) the requirements or ,conditions relating to location, information of the aniinal or insect examination, disinfuction and detention of and the name and address.ofthe owner ofthe food, articles or things imported into animal. Seychelles.

21.(1) Human remains, corpses or ashes shall not be Prohloition of (5) The Commissioner shall,bas,ed on the information, importation brought into Seychelles or taken out of Seychelles without the available, determine that a public health emergency exists and and writtenapprovaloftheCommissioner. exportation of declare the existence of the public h<~alth emergency by human remains .' - ~~. 164 Supplement to Official Gazette [19th October 2015] i. [19th October 2015] Supplement to Official Gazette . 165 (2) A request for the approval of the repatriation of or guardian, order the removal of the person to a hospital or . cOlJlses, or cremated ashes· shall be made in writing. to the other place where the person may be detained until the Commissioner accompanied by a medical certificate or other ComII1issioner declares that the person is free from .any evidence showing the name ofthe deceased, the date and cause . infectious disease; of death and the measures adopted to preserve the remains.

29. The Commissioner may order a post mortem Postmortem examination (3) Arequest for approval under subsection (2) shall be examination ofthe body of a deceased person suspected to have made no less than 48 hours before embalming and repatriation died from an infectious disease for the pUIpose of determining ofthe cOlJlse from Seychelles. . the cause and circumstances ofthe death. .

30. Where the Commissioner is of the opinion that any Isolation .(4) A person shall not open a casket containing human person is suffering from an infectious disease or is suspected to remains Or cOlJlse brought into Seychelles without the written be in contact or a carrier of an infectious disease, the approval ofthe Commissioner. ComII1issioner may, with or without the consent of the person ofhis·or her parent or guardian, order the removal of the person (5) A person who contravenes or fails to comply with for detention and isolation for the purposes of treatment of the subsection (1) or (4), commits ·an offence and shall on person, for. such period as the . Commissioner considers conviction be liable to a fine not exceeding SCRSO,OOO or to necessary. imprisonment for a term not exceeding 2 years or both such fme and imprisonment. 31~( 1) Where the Commissioner is of the opinion that any Disinfection premises or part thereof or any articles likely to retain or spread . of premises Medical 28.(1) The Commissioner may require any person who is infectious disease, shall give notice in writing to the owner or examination suffering, or is suspected to 1:\e suffering or has recently occupier of such premises or part thereof specifying the and treatment suffered from an infectious disease orwho is in contact of, or is procedure to be taken to cleanse and disinfect such premises or likely to spread, an infectious disease to be tested or medically part thereof or such articles, as the case may be, within the time examined at such intervals and at such place as the specified in such notice. Commissioner considers necessary. (2) Where the owner or occupier of any such premises (2) The Commissioner may, with or without the or part thereof or the artiCles is unable, to effectively carry out the requirements of this section, the Commissioner may, with consent of a person or that of his or her parent or guardian, or without the consent of the owner or occupier, enter such require such person suffering from an infectious disease or is a premises or part thereof and cause the premises or part thereof carrier or who has been in contact with the person with an or articles, as the case may be, to be cleansed·and disinfected at infectious disease to undergo appropriate medical examination the expense ofthe Govennnent. or treatment in a hospital or other place in the manner specified. 32.(1) The Commissioner may, in writing, direct the Destruction of infected destruction of any bedding,· clothing or other articles which bedding, (3) If a person fails to comply with any requirement have been exposed to infection from an infectious disease and etc. made under subsection (1) or (2), the Commissioner may, with such direction shall be sufficient authority for a person or without the consent of the person or that of his or her parent designated to destroy such articles . .'- ~,- 166 Supplement,to Ofjicial Gazette [19th October 2015] [19th October 2015] Supplement to OfjicialGazette 167 (2) The Commissioner may at the expense of the (a) while knowingly suffering from any Gove=ent replace the destroyed articles with similar articles iIifectious disease expose himself without or their value ill money. taking proper precautions to guard against directly or indirectly spreading such disease; (3) A person who contravenes or fails 'to comply with subsection (I) commits an offence and shall on conviction be (b) whilst being in charge of any other person liable to a fine not exceeding SCR50,000 or to imprisonment known to be suffering from· any infectious for a term not exceeding 2 years or both such fine and disease expose such other person without imprisol11J1ent. taking proper precautions to guard against spreading such disease; Destruction 33.(1) Where a building or any part thereof is likely to of source of infectious retain infection and cannot be effectively disinfected or (c) give, lend, sell, expose (jr transport any disease treated the Commissioner shall issue a notice in writing bedding, clothing, rags or articles which have requiring the occupier to vacate the building· immediately. been exposed to infection from an infectious disease. (2) Where a building or part thereofis the subject of a notice given under subsection (1) cannot be effectively (2) A person who transports with proper precautions disinfected or treated, such building or part thereofshal! be and under the auth{jrisation of . the Co=issioner any destroyed as soon as possible under the direction and bedding, clothing, rags for the purpose of having them supervision ofthe Commissioner; disinfected or destroyed shall not be deemed to contravene the provisions ofsubsection (1)(c). (3) The manner of assessment and payment of compensation for any property destroyed under this section (3) A person who contravenes or fails to comply with shall be prescribed by regulations. subsection (I), commits an offence and shall on conviction be liable to a fine not exceeding SCRIOO,OOO or to imprisonment (4) A person who contravenes or fails to comply with for a term not exceeding :3 years or both such fine and subsection (1), commits and offence arld shall on conviction be imprisonment. • liable to a fine not exceeding SCRlOO,OOO or to imprisonment. for a term not exceeding 3 years <or both such fine and 36.(1) An owner or person in charge of any public vehicle Preventing imprisonment. or vessel who has conveyed any person believed to have been from entering into infected suffering from an iIifectious disease, shall immediately take all vebicleor Disposal of 34. The Commissioner may order the destruction of practicable measures to prevent any other person from entering vessel and animal, animal produce, food any animal or animal. produce and the' disposal of any food or such vehicle' or vessel and shall report to the officer or to the disinfection of such vehicle 'orwater water wherever found, if the Commissioner considers such nearest police station. or vessel animal, animal produce, food or water to be a source of transmission of an infectious disease. (2) The officer or the police officer who receives a report under sub section (I) shallforlhwith co=unicate the Prohibition of 35.(1) Apersonshall not- exposure of substance ofthe report to the Commissioner. infected person 168 Supplement to Official Gazette [19th October 2015] [19th October 2015] Supplement to Official Gazette (3) The owner or person in charge of any vehicle, shall

39.(1) A person VZho when donating blood or blood Supplying cause such vehicle or vessel to be disinfected in accordance products at any blood bank or hospital in Seychelles for any false or with the directions of the Commissioner before any person is misleading purpose furnishes any material information which he or she infonnation permitted to enter it for any purpose other than for the carrying knows to be false or misleading, commits an offence and shall when donating out of such directions. blood on conviction be liable to a fine not exceeding SCR1 00,000 or . to imprisonment for a term not exceeding 3 years or both such (4) A person who fails to comply with subsection (1), fine and imprisonment. commits an offence and shall on conviction be liable to a fine . not exceeding SCRlOO,OOO ono imprisonment for a term not (2) For the purpose of this section, "material information" means, any information directly relating to the likelihood of exceeding 3 years or both such fine and imprisonment. I transmission of an infectious disease by the use of the blood or 'blood product. I Letting, 37.(1) A person shall not let, sublet or sell any dwelling or subletting or premises or part thereof including rooms in a hotel or 40.(1) Where any person has died from an infectious Report of selling of disease, the occupier or owner of the dwelling or premises in death caused previously guesthouse which to his or her knowledge had been used by infectious infected within six weeks prior to such l<;tting or sale by any persol). which the death occurred shall immediately report the death to disease premises suffering from an infectious disease unless the Commissioner the Commissioner or an officer In the office of the has certified that the dwelling, rooms or premises and all Commissioner or the nearest police station. articles therein have been effectively disinfected to the satisfaction of the Commissioner. (2) The officer or the police officer who receives a report under subsection (1) shall comml,lllicate the substance of the report to the Commissioner. (2) Any person who fails to comply with subsection (1), commits an offence and shall on conviction be liable to a (3) Any person who fails to comply with subsection (1) fine not exceeding SCRlOO,OOO or to imprisonment for a term commits an offence and shall on conviction be liable to a fme not exceeding 3 years or both such fine and imprisonment. not exceeding SCRI00,000 or to imprisonment for a term not exceeding 3 years orboth such fine and imprisonment. Withholding 38.(1) A person shall not knowingly withhold information' or giving from or give false information to any person that a dwelling, PART IX - SEXUALLY TRANSMITTED INFECTIONS false infonnation premises, hotel or guest house room had been occupied by a 41.(1) A person, other than a medical practitioner shall Prohibition person suffering from an infectious disease within the previous not treat or offer to treat any patient for a sexually transmitted of treatment by six weeks. infection or prescribe or recommend any internal or external unauthorised medicine, any product natural or artificial or appliance for the persons (2) A person who contravenes or fails to comply with ,cure or alleviation of a sexually transmitted infection. subsection (I), commits an offence and shall on conviction be liable to a fine not exceedingSCRl 00,000 or to imprisonment (2) A person who contravenes subsection (1), commits for a term not exceeding 3 years or both such fineaild an offence and shall on conviction be liable to a fine of SCR 25,000 or to imprisonment for a t = not exceeding 1 year or to imprisonment. both such fine and imprisonment. ~}: . [19th October 2015]' Supplement to Official Gazette 171 170 Supplement to Official Gazette [19th October 2015] Prohibition' of 42.(.1) A person shall not print or publish any . 44.. . The Minister may, upon the recommendation ofth-e Declaration of unauthoris'ed advertisement or statement tending to promote the sale of any . Co~mssIOner, by ~otice in the Gazette, declare any suitable cemeteries, advertisement crematoria, medicine, appliance or article for the alleviation or cure of any locatIOn or bUIlding to be a cemetery, crematorium, mausoleums sexually transmitted infection or other disease affecting the mausole~, vault or funeral parlour and shall cause the vaults and reproductive organs or fun~tions arising from or relating to boun~es to be marked and fenced in such manner ashe or funeral she thinks fit. sexual intercourse.

45.(1) The Minister may, by notice in the Gazette order Closure of (2) In this section "publish" includes- that any cemetery, crematorium, mausoleum, vault or funeral cemeteries, (a) cause to be published by supplying to the par~our be closed with effect from 11 date specified in such crematoria, mausoleums, publisher of any magazine or newspaper of . notIce and on that date such cemetery crematorium, vaults and any book or other document; mausoleum, vault or funeral parlour shall ceas~ to operate. funeral (b). exhibit in any manner to public view; (2) A person who contravenes subsection (1), commits . an. off~nce and shall on conviction be liable to a fine not (c) sell, offer for sale or exhibit for perusal or excee<f!ng SCR50,000 or to imprisonment for a term not inspection, for reward or gratuitously, in exceedillg 2 years or both such .fine and imprisonment. public or in private, send by post or deliver in person or by any other means. ~6.(!) When it is desired that the body of any person be Permit for buned ill ?TIY p~a~e other than a cemetery, an application shall private (3) A person wlio contravenes subsection(I), comn:iits be m~~ m ~ting to the Commissioner, who may grant a burial pe~t, ill wntmg, for a pnvate burial in a burial ground or at an offence and shall on conviction be liable to a fine not sea, If- exceeding SCR 50,000 or to imprisonment for a term not exceeding 2 years orto both such fme and imprisonment. (a). there are sufficient reasons to i;rant the application; . PART X" CEMETERIES, CREMATORIA, MAUSOLEUMS, VAULTS AND FUNERAL PARLOURS (b) the site of the proposed burial is ill all respects suitable; and Approval and 43.(1) Aperson shall not establish, use, manage or operate (c) the owner of the land is the applicant or one licence for any premises as a cemetery, crematorium, mausoleum, vault or ceineteries, ofth~ applic~ts, or any other persons having crematoria funeral parlour, except in accordance with a licence granted any mterests ill the land have consented in mausoleums under the Licence Act. vaults and wri~g to the application. and adequate funeral parlours secunty for the proper fencing and future (2) The licence to establish; use, manage or operate any ~aintenance of the proposed site has been premises as to its location and constructions referred to in gIven, subsection (1) shall be subject. to prior approval py the Commissioner and any health requirements that he or she may . (2) Only one b?dy may be buried pursuantto the p=it think fit. but a subsequent penmt may relate to the same site. • . 172 Supplement to Official Gazette [19th October 2015] [19th October 2015] Supplement to Official Gazette 173 I, Burial or 47.(1) A person shall not bury, cremate or deposit any cremation human remains in any place other than in a cemetery, burial (2) On receipt of such report, the police officer shall to be in investigate the matter and report to the Commissioner who authorised ground, crematorium, mausoleum or vault otherwise than in place accordance with the provisIons ofthis Act. shall inspect the site and give advice and directions to the police and to any other parties concerned as may be expedient. (2) A person who contravenes subsection (1), commits an offence and shall on conviction be liable to a fine not (3) Any person who fails to comply with subsection exceeding SCRSO,OOO or to imprisonment for a tern not (I), commits an offence and shall on conviction be liable to a exceeding 2 year or both such fme and imprisonment. fine not exceeding SCRSO,OOO or to imprisonment for a term not exceeding 2 years or both such fine and imprisonment. Permit far 48. Any person who has a reason to exhume the exhumation remains of a deceased person shall make an application in 51. The Commissioner shall, onreceipt of a report from Burial of writing to the Commissioner who shall grant a permit if he an appropriate authority, cause the prompt removal and burial corpses of destitute persons or she is satisfied that there are sufficient reasons to grant the or cremation of corpses of destitute persons and of unclaimed or unclaimed application, where- corpses. corpses (i) suitable arrangements have been made for the reburial or other form of disposal of the 52.(1) A crematorium or funeral parlour shall not receive' Receipt of remains; and the corpse of anyperson who has died of any disease deemed to bodies of persons dying of be infectious or contagious without the written permission of infectious (iiJ the consent of the he.irs of the deceased or diseases without the Commissioner, who may grant permission for such corpse their legal' representative have been permission .to be so received subject to any conditions. obtained. Exhumation in 49.(1) Where the Commissioner considers it necessary in . . (2) A person who contravenes subsection (1), commits public interest the public interest that any human remains should be exhumed, an offence and shall on conviction be liable to a fine not he or she shall make an order in writing directing that such exceeding SCRlOO,OOO or to imprisonment for a term not remains be exhumed and reburied or cremated under the exceeding 3 years or both such fine and imprisonment. ' supervision of an officer named in the order and in such manner. 53. The Minister may prescribe by regulations for the Regulations for control and control and management of cemeteries; registration of burials,. management of (2) The Commissioner may apply to court for an issue of certificates of burials, fees for burials, cremation or cemeteries, exhumation order, ifnecessary. burial at sea. burial, ~tc. Procedure 50.( 1) Any person carrying out any digging or excavation where human work exposes any human body or parts or anything which PART XI - PROHIBITION OF CERTAIN ACTIVITIES remains are ctisturbed appears to be or to contain human remains shall desist from such digging or excavating and take all practicable steps to 54. A person shall not wash clothes, vehicles or any Prohibition of washing of prevent further disturbance of the ground and report the matter other items or conduct any activity likely to cause pollution of clothes, etc., in to the nearest police station. water bodies except in areas designated for such purposes non-designated prescribed by regulations. water bodies 174 Supplement to Official Gazette [19th October 2015] Supplement to Offit;ial Gazette 175 [19th October 2015] Prohibition 55. A person shall not carry on any offensive trade at liable to a fme not exceeding SCR 25,000 or to imprisomnent of conduct of any premises without the written approval of the for a term not exceeding 1 year or both such fine and offensive imprisomnent. trades Commissioner and in accordance with a licence granted under the LicencesAct. ·58. (1) The Commissioner may, by notice in writing, Waste require the oymer. or occupier of any premises to provide, collection Obligation to 56.(1) A person who becomes aware of any unusual constrnct or' reconstrnct, at the expense of the owner, or . facilities report sickness of sickness or mortality among animals, in particular poultry, occupier and subject to such conditions and within such period onimals fish, dogs, cats, cattle or rodents, shall forthwith report the fact as may be specified in the notice, an adequate number of waste to the Commissioner, ,an officer, veterinary officer or a police collection facilities for the premises. officer. (2) A person who contravenes or fails to comply with (2) The officer, veterinary officer or police officer, who subsection (1), commits an offence and shall on conviction be receives a report under subsection (1), shall communicate the liable to a fine not exceeding SCR50,000 or to imprisomnent substance ofthe report to the Commissioner. for a term not exceeding 2 years or both such fine and imprisomnent. (3) Upon receipt of the report, the Commissioner shall cause the matter to be investigated and take necessary action. 59.(1) The owner of a building or part thereof served by a Maintenance refuse lift which is wholly or partly used for the conveyance of of refuse lifts, chutes and refuse by a refuse chute or chute chamber shall be responsible chute (4) A person who contravenes or fails to comply with for the maintenance, repair or replacement of the refuse lift, chambers, in subsection (1), commits an offence and shall on conviction be refuse chute (lr chute chamber. ' building liable to a fine not exceeding SCR50,000 or to imprisomnent for a term not exceeding 2 years or both such fme and (2) The Commissioner may, in consultation with the imprisomnent. Planning Authority, by notice in writing, require the owner of a building or'part thereof served by a refuse Jift, refuse chute or Removal of 57.(1) The Commissioner may, by notice in writing, chute chamber to change the dimensions or Iocation of such industrial require any person carrying on a trade, manufacture or waste, stable refuse lift, refuse chute or chute chamber, within such period, refuses, etc. business, or using any premises as a stable, cattle-shed or place as the Commissioner may consider necessary. ,for keeping sheep, goats, pigs or poultry, to periodically dispose of industrial waste or animal refuse to an approved (3) Any person who fails to comply with the notice disposal facility. . ' under subsection (2), commits an offence, and shall on conviction be liable to a fine not exceeding SCR75,000 orto (2) The pe~son upon whom a notice has been served imprisomnent for a term not e~ceeding 3 years or both such under subsection (1) shall, if so required by the Commissioner, fine and imprisomnent. furnish evidence that such notice has been complied with.

60.(1) Every person carrying out any cOllstrnction, Building alteration or demolition of any building shall take reasonable wocks (3) A person who contravenes or fuils to comply with constituting subsection (1) commits an offence and shall on conviction be precautions to prevent danger to life, health or well being of danger. to life, health, etc. 176 Supplement to Official Gazette [19th October 2015] [19th October 2015] Supplement to Official Gazette 177 persons using any public place, from dust, falling fragments, premises to which the notice related in to the last known place objects, materials <;>r any substances. . ofabode ofthe person to whom the notice is addressed to . (2) Any person who fails to comply with subsection . (4) Any such notice may be served by an officer actin" (1), commits an offence and shall on conviction be liable to a fine not exceeding SCR75,000 or to imprisonment for a term !nthe ordinary course of his· or her duty or specificaU; mstructed to effect service in any particular manner. not exceeding 3 years or both such fme and imprisonment. (5) The officer serving the notice shall at the time of PART XII - MISCELLANEOUS serving or as soon as practicable . thereafter endorse on, a duplicate of the notice the hour, day and manner of service and Protection for 61. Any suit or other legal proceedings shall not lie actions taken verify the service signing the duplicate and the dupiicate so against the Commissioner, officers and employees of the in good faith endorsed shall, primafaCie, be evidence of service. Authority in respect of any action taken or an act done or omitted to be done in good faith in the performance of any

63.(1) Where the Commissioner or aU officer authorised Compounding functions under this Act. in this behalf, has reasons to believe that a, person has of offence committed an offence under this Act, the Commissioner or an Services of 62. A notice served in pursuance of this Act shall be notice officer authorised, as the case may be, may after consultation considered duly served" if it is - . with the Attorney General give that person a notice offering the (a) delivered by hand to the person to whom itis opportunity of discharging any liability to conviction forthat addressed; , offence by payment of a specified penalty of the sum not less than halfofthe amount ofthe fine provided for that offence. (b) delivered by hand to· an adult person at the last known place of abode. of the person to (2) Where a person has been given a notice under whom it is addressed; or subsection (1) in respect ofan offence-· (c)·· sent by post under recorded delivery cover (a) proceedings shall not be instituted for that addressed to the person at his or her last offence before the expiration of fourteen known place of abode. days following the date ofthat notice; and (2) Where the notice is to be served outhe owner or ) (b) the person shall not .be convicted of that occupier of the premises and his or her name is not known the offence if the person pays the specified notic~ shall be addressed to the 0W!1er or occupier of the penalty before the expiration ofthat period. prermses and shall be served in the manner specified in subsection(l). (3) A ,notice under this section shall set out the particulars ofthe circumstances which constitute the offence as (3) Where service cannot be effected in the manner are necessary for giving reasonable information of the offence specified in subsection (1), the notice shall be deemed to have' and state- been validly served if affixed in some conspicuous part of the (a) the period during which, by virtue of Supplement to Official Gazette [19th October 2015] [19th October 2015] Supplement to Official Gazette 178 179 I subs.ection (3) proceedings will not be taken c?mmunicable, infectious, notifiable or other for the offence; disease; (b) the amount ofthe specified penalty; and (d) the .standards relating to the wholesomeness punty or quality of water used for h~ consumption and industrial or domestic (c) the person to whom and the address at which purposes; . the specified penalty may be paid. (e) the c~J?-trol and administration of the flow of (4) The penalty specified in the notice under subsection wa~er I~ any natural or artificial watercourse (3) may be paid, in cash to the person specified ill the notice. w~ch IS or may be used for irrigation or agncultural drainage or other purposes; (5) The offence which may be compounded under this section, the amount ofthe specified penalty thereof, the form of (f) the control and management of cemeteries notices and the manner of payment for specified penalty under crematoria, funeral parlours mausoleums'· this section shall be prescribed by regulations. vaults and burial at sea", , • (g) the medical exanIination, classification and (6) In any proceedings a certificate which purports to ~eatlJ?-ent o~ sufferers or carriers of be signed by or behalf of the person receiving the specified infectIOUS, nOTIfiable or other diseases', penalty stating that the payment of the specified penalty was or was not received by the date specified in the certificate shall be (h) infect~ons, waste disposal including evidence ofthe facts stated thererin. colleCTIon, storage, handling, destruction treatment, transportation and disposal of Regulations 64. The Minister may make regulations for the purpose such waste; . of carrying into effect the provisions of this Act which may, without prejudice, inter alia, include one or all ofthe following (i) dec!aration and enforcement of standards or pm:ty o~ effluents from trade premises and matters, nainely- purificaTIon works',. . (a). the' coutrol, inspection, sampling and (j) ~onstru::tion, maintenance, cleansing and examination of .medicinal drugs and mspecnon of drains and sewers ofall kinds', vaccines, vaccine lymphs, sera and other preparations imported into or manufactured (k) ma~tenance, cleansing, control of premises in Seychelles intended to be used for the and mspection of equipment of hair dresses treatment or prevention of diseases; barbers, spas and beauty parlours market~ and market buildings, laundries ~d wash- (b) the control and regulation of sanitation in houses; respect of any premises and' equipment or items therein; (1) ~ainte~ance, cleansing, control and m~p~ctlOn of lodging houses, public ( c) the notification,. prevention and control of bUIldings construction sites and adeq~cy .,:. 180 Supplement to Official Gazette [19th October 2015]. [19th October 2015] Supplement to Official Gazett.e 181 of the sanitary conveniences and means of until amended, annulled or withdrawn under ablution; this Act; (m) construction, maintenance, cleaning, (d) any suits or legal proceedings pending or . inspection and control of places where any which could have been instituted for any animals or birds are kept; matter in relation to the repealed Act, shall (n) the control and regulations of disease continue or instituted under the repealed Act vectors, pests and vermin; as ifthis Act has not been enacted. (0) offence which may be compounded under . FIRST SCHEDULE section 63, the amount ofthe penalty thereof, [Section 3(25)] the form of notices and the manner of Inf~ctious Diseases paymentforpenalty; Anthrax Rubella (p) . amendment of Schedules; Poliomyelitis Tetanus Diptheria Tuberculosis q) any other matter which may be necessary Encephalitis Typhoid or Paratyphoid to be prescribed by regulations. Haemorragic Fever Yellow Fever Repeal of 65.(1 ) The Public HealthAct is hereby repealed. Leprosy Cholera Cap 189 (2) Notwithstanding the repeal of the Public Health Measles STIS and savings Act- Meningococcal Meningitis VITal Hepatitis Pertusis Rabies (a) any regulations made, licence granted, Plague directions -issued and notifications made undedhe repealed Act shall continue to be in effect until suspended, repealed or revoked SECOND SCHEDULE under this Act; [Section 3(34) J (b) any act done or commenced by or 'under the . Notifiable DiseifSes authority of the repealed Act, prior to the commencement of this Act, not inconsistent Acute flaccid Panilysis with this Act, shall be carried on and Cholera or completed by under the authority as from Dengue the commencement ofthis Act; Diphtheria Acute VITal ~ncephalitis (c) any act done, action taken, notices served, Food Poisoning investigation undertaken or authorisation Acute Hemorrhagic Fever granted under the repealed Act, prior to the HNIAIDS commencement of this Act, not inconsistent· Leprosy with this Act; shall continue to be in effect Measles .,:. 182 ·Supp/ement to Official Gazette [19th October 2015] Meningococcal Meningitis Pertussis Plague Rubella Sexually transmitted infections or syndromes Tetanus neonatal or Tetanus others Tuberculosis Yellow fever Zoonotic diseases

THIRD SCHEDULE [Section 3(37)]. Offensive Trades Blood boiler Bone boiler . Fell monger Making of soap and such like products Tallow melter Tripe boiler Processor of shark fins Processor of sea cucumber Tanner Preparation or storage of hides Producer of manure I certify that this is a correct copy of the Bill which was passed by the N ationalAssembly on 6th October, 2015. ·(-1(\\ lJhlVh) Ms. Angelic Appoo Assistant Clerk to the NationalAssembly .-,:.'