Public Health Act, 1989 (Act No. 1 of 1989)

(a) divide The Gubia in.to such areas aa he •1 determine;

(b) establish health and sanitation districts within any such area; and C•) ,nasign such duties as 1118.1 be necessa17 to any health officer. Power and 4. (1) The Director t!lhall be re.s,ponsible duties or for the promotiQn and preservation of Directoro health. (2) W'i-thout prejudice to the generality of sub- sect,ion (1) the duties of the Director shall include - (a) the prevention, treatment, limitation and suppression of disease and the conduct of investigations and enquiries into such disease; (b) the publication of reports; in.formation and advice concerning public health; (e) the abatement of nuisances IUld the removal or correction of any condition that -y be injurious to the public health1 •• I I 1989. Public Hc!alth Act, 198~. (d) the control of ,food in the interest of the public health; (e) the seizure and destruetion ot tood that does not comply with the pro- visions of tllis Act or regulations made thereunder; (t) the protection of the public !r011 fraud or deception in connection with food; and (g) the acceptance and administration~ of gifts of money or property donated for any purpose under this Act from individuals or organisations. Discharge ot 5o (1) Except aa the 1 Director -y otherwise direct, duties ot Director a health officer may discharge any or the duties of the Director and exercise such powers as may be conferred on hill by the Directoro (2) Subject to subsection (1J, a health officer aay take such steps as 11&y be necessary for the admin- istration of the provisiona of this Act or re8'1Jlatione made thereunder and for the purpose,~ call upon. any member ot the Police Force to lend auch asaistance as may be necesooryo Eetablish- 60 The Director may establish health services inst1tw,- ment or health ser- tions in any area and the expenses of establishing and vices in• maintaining such institutions shall be defrayed out ot stitutionso monies voted fo~ t'b.at curpose by Parliamento .., I I l989. Public Health A.ct, 1989. Reeulations 7. The Minister may make regulations with respect to (a) the maintenance of proper sanitary con• ditions c,f ~remises; ('c) the forms to be used for the purpose of this .\ct; <•) the prevention, treatment, limitation and aup,- pression of disease, (d) the prevention of overcrowding in premises, (a) the institution of measures tor ensuring the purity of water supply; (t) the prevention, abatement or removal of nui- sances an,:t insanitary conditions on premises, (g) the collection; removal and sanitary disposal of rubbish, night-soil and other offending matter; (h) the licesusing of persona, places and inatitutioc.:;:, tor the carrying on ot any prescribed ~usinea,s Ol'!" tradet (i) the ■etho,d of carrying on any offensive business or trade; (j) the slaughtering of animal• for uae u food for hwnan consuaption~ (k) the keeping of domestic animals1 (l) "th~ disposal of deal animals; (m) ·th•e control and destruction of mosquitoes, termites an·d other inaecta, rodents and other wenains (a) thtt production and offering for aal.• of food for ku.1111D connaption1

(c) the standards of identification~ composi- tion and quality of food offered for sale; (-,) th·• inspection. and •intanance of h.otela, boarding hO\'lH9 and other places ot aocoeodationJ Na. I I 1989. P11bltc Health Act, 1989. (q) the inspection of place of business barbers; hairdressers, beauticians and persons carrying on such similar business; (r) the inspection and sanitary conditions of bea~ chea and a-wimming pools in the interest of the public health; (e) the medical and dental examination and treatment of school children, the removing of such child- ren from school and the closing of schools in the interest of the public health; (t) the internment of the dead, the entry of dead bod- ies into The Gambia and the inspection of estab- lishments crematoria and other places used in connection with the preparation, transportation and disposal of dead bodies; (u) the notification and registration of births and deaths and the forms and manner of such not1fieation and rei1stratien, the control and use of public baths, wash- rooms and sanitary conveniences; (w) the proper management and administration of any health services institution that may be established under section 4 and the fees to be paid for the services provided at such institutions; and the prohibition, regulation, pre- scription and punishment of such 1 matters as may be necessary or advisable in the interest of public heal th. ■& I I 1989. Public Health Act; 1989. Execution 8. (1) Vhere it appears to the Director that ot vork:s in the public int eresl: an1 vorka on preaises are necetsaary,. he may serve or cauae to be ser- Yed on the owner of 8'UCh premises a notice in writing signed by the· Director or ally other penon authorised bJ hia t'e<:tuiring the ower of such premises to execute auch works as~ be necesSllry'o (2) l notice ay be served on the owner of preaai••• b7 - (a) giving him the notice personally or; (b) addressing the notice bJ registered poet to his last known ad.dreea; or <•> affixing the notice in a conapicuoua place on the premises; or (4) advertising the notice not less than twice in a local newspaper. (3) A notice served under this section small ap- ecity the work.a to be executed and the tiae after the expiry ot which the Director aa.:, cause the works to be carried out in default ot compliance with th• notice. (~) A peraon vho in served with a notice or an, other person vho baa an eetate or :l.ntereatw in tho pre- I mises to which the notice relates~, at 01· tia• be- tore the •Xpiration of the period 11pecitied. ir.t 11• notice, \ •Pl?••l to a judge in Chaabera ap.iJlat the n.otic•• ( .1989. •• I Prd,/ic Health A.ct, 1939. (5) An appeal under subsection(~) shall not prevent the Director or any health officer from entering any premises to which a notice re- lates to carry out such works as may be necessary or to abate a nuisance. (6) No appeal shall lie from a decision of a judge in Chamberso (?) Where at the expiration of the period spec- ified in a notice or as may be directed by a judge, the works specified in the notice have not been executed the Director may cause such works to be carried outo (8) Where the Director causes works to be carried out on premises under subsection (9), he may make good costs of such works and recover the cost of any dam- age in respect thereof with full cost of a suit from the owner of such premises. (9) In any proceedings under subsection(8), the validity of the notice to which the proceedings relates may not be questioned. Payment of 9o (1) Subject to section 7, where premises are in a Costs dangerous state or are injurious to the health of any person. animal or plant. the Director may take pose,.. eesion of such premises and execute any works thereon that are reasonably-neceseaqo I 193-9. P11bltc Health A.ct, 1989. (2) The owner of premises upon which works ~• ••outff Q' the Director aa.1, within thirty days after receipt ot the demand for payment of costu in.curred in the execution of the works, appeiLl to a judge in Chambers against such costs and the decision of the judge shall be finalo (.:,) Notwithstanding anything to the contrary, where a person fails to pay costs for works executed on his premises by the Director,. the judge may llake an ~ that his 1>remises be sold by public auction for the reocvery of the eums iiueo (4) 'Where :premises are sold by virtue of an order made under 1subsection (3), the proceeds obtained therefrom shall b••. applied - (a) to pay the costs incurred by the Dlr·ector in the execution of works on any premises; and (b) to pay any costs that are incidental to the sale. (5) The balance of money, if any, after the payment of costs aball be -paid to the ower of tje premisea prior ·co the sale and where the owner cannot be found the Court may 1118.ke ,such order in respect thereto u it may think fito Powers of 10o (1) The f>irector or any nea4th officer may at entryo all reasonable times enter any premises, using such reasonable force as may be necessary for the PUlT"qe of: Pvblk Health Act, 1989. (a) ascertaining whether any of the pro- visions of this Act or regulations made thereunder have been contravened; (b) ascertaining whether or not circ'lae- tance exist which would require the Director to take any action or execute any works in respect of such pre~ises; <•) carrying out any works on auch premises;

(d) performing any ot the duties conterred on the Director wader this Act1 and

(e) generally inspecting any premises; (2) Where a health officer enters premises, the owner of such premises may demand that the health officer produce his document of authorisation• identity card before doing anything un the pr~mises. (3) A document purporting to be si~ed by the Dir- ector shall be deemed to be authentic, unless the oon- trary is proved. (4) A person who obstructs the Director or any health officer in the performance of his duties or exercise of any powers under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding one thoueand dalasis, and in default ot of payment to imprisionment for a term not exceeding six months. Public Health .A.ct, 1989. Cloe.ure of 11. (1) No person shall operate a business or business trade without. a valid health certificate issued by the Director. (2) Where: (a) a person operatasa business or trade without a valid health certificate as may be prescribed;• (b) insanitary conditions· exist in res- pect of any business or trade which may be injurious to the public heal.tht the Director or an1 health officer may, close such business or taradeo (3)A person whose business or trade baa been closed for wal\t of a valid health certtficate may, subject to subsection (4) applr to the Director to be is,■ued a cert ificat •• (If.) Where the Director is satisfied that aani- t&r1 conditions have been restored in respect of a business or ·trade which bas been closed, he shall aake 1m order with such cona..itions as ■ay be nece- aaa.ry· allowing the business or trade to be reauaed. Un~holeaome 12. (1) No person shall sell or distribute food too~ which is unwholesome or unfit for human consumption, or is so infected or infested as to be likely to be unwholesome or. unfit for human consumption. Ne. I I 1,s,. Public Health Ac11 1989. {2) Any person who imports food into the Gambia shall present such food for inspection bJ • health officer at the port of entry. (3) A health officer shall take samples of all imported foods, for purposes of laborat~ry analyses be- fore such food is allowed into the Gambia. Removal and 1}o A health officer may cause any person suffering confinement or suspected to be sn:f:fering from an infeetious di of infected pereonso seaseto be confined to a hespital or such similar institution for purposes of medical treatment until be can be discharged with safety to the public. Restrict ion 140 No civil proceeding of any kind whatsoever on civil proceedings shall, without the written consent of the Attorney General be brought against any person for damages or compensation jn, respect of any action taken or to be taken under this Act to prevent the spread of any infectibW!I disease. Owner to 15. (1) 'l'he owner of any premises shall, if required give infor- by a health officer or a police officer, give mation. his nue and address. (2) An owner of premises who declines to give his name or mis-states his name and addr9-ss commits an offence_ and shall be liable on conviction to a fine of two hundred dalasis, and in default of payment to imprisonment for a term not exceedings three months I 1989. Pw1Jlle Heahl, A.ct, 1.989. -·--------------------------- .Duticte ot, 16. :IYery police officer shall give utol'll&,i• Police to a health officer of an1 offence vhich he kn.ova or baa reaacm to belieTe has been COllll:l."ttecl a,a:biat thie Act • Bealt;h Officer 17. .r health officer shall, in the performance to havo police of his duti-s, be deemed to b• a police JX)wer. officer and shall have all the powers and privileges of a.police officer tor the pur-- poae of the executi'on of hia duties under this Act. B:lr:•pt:l.on 180 Nothing done b1 the Director or a health frOII liability officer shall subject that person to any action, liablity 1 claim or demand if that thing was done bona fide for the purpose of carrying out ,my of tne provisions of this Act or regulations made thereunder. Offence 190 (1) A person who• (a) assaults, resists, obstructs, intimidates or in any way interferes with; (b) uses indecent, abusive or insul- lting languages to; or (c) by any gratuity, bribe, promiae or other inducement to a health officer prevents or attempts to are...vent the performance of his duty, or.any per-. son acting under the authority of this Act, or regulations made thereunder .commits an ofience. N•2 I 3 Public Health A.ct, 1989. (2) A person vho commits an offt.tuie 1.111derrth:Ls Act or any regulations made tbe:reunde:r sball" be liable on convict ion to a fine not exc:,,eding two thousand dalasis or to a term of tlllprison•• ment not exceeding two years, or to both such fine and imprisonmento Repeal and i!!Jo (1) The Public Health Act is hereby r,!peal.1!d,> Savingso (2) N~twithstanding sebsection (1) Ileguiationffi Cap 154 made under the Public Heal th Act, (Cap. ~J'i4) shall until repealed, continue to have foirce as if they were made under this Act. PA.1911> in the House of .Representatives this El11venth ell, o 'J::,:~r.mh:ir, i.a du, year of Oar Lord One Thousand Nine Hundred ud Eighty,Nfot' R. H.- W. SoWB, Cl,rt •I tb, Hom• of k1ra·,,,.,.,i,·e.t THIS Pmm!D I.MPU'!sloN has been caretuny compam by me lt'i.th the Bill which has passed tho House of Representativ,~s, :rn.d found br me t• bt a wuo aad eomct eopy of tho said Bill . Cl,rk of,,.,R.H. W. SoW!, HOtM, .oti?pra•. 'llltali11!,f. PriAtod b7 the Qovornment Printer, Under the Ministry or Information and Touri\111 uan,lul The Gambia-.'2039/1189/500