Public Health Act

144. Saving CHAPTER 34:01 PUBLIC HEALTH 12 of 1948 An Act to amend and consolidate the law regarding the preservation 44 of 1950 of public health 8 of 1951 37 of 1967 [29TH JULY, 1948] 30 of 1969 34 of 1969 43 of 1971 3 of 1975 G.N. IS5/1954(F) 2J/1959(F) 22/1963 224/1963 219/1964(N) 166/1967 Short title 1. This Act may be cited as the Public Health Act. f,pplication 2. This Act, or specifkd provisions thereof only. shall apply to of Act such part or parts of Mahnvi as the l\linistcr may direct by notice published in the Gazette. Power to 3. The Minister may by notice published in the Gazette vary app 1ication suspend or rescind the application or this Act, or of specified provisions thereof, to any part or p:irts of Malawi to which it, or such specified provisions, has or haYe been applied. PART I INTERPRETATION OF TERMS Interpreta- 4. In this Act and in any Rules made under this Act, unless tion the context otherwise requires, the following terms have the following meanings- "adult" means a person who is over or appears to be over eighteen years of age; "building" includes any structure whatsoever whether permanent or temporary for ,vhatsoe\'er purpose used; "burial" means burial in earth. interment or any other form of sepulture, or the cremation or any ·other mode of disposal of a dead body, and "buried'' lus a corresponding meaning; "carrier of a disease'' means one in \Yhnsc body the infection of a disease is still present and liable to be transmitted to another person, although the carrier is not himself sufTering from the disease in an active form; LAWS OF MALA WI Public Health Cap. 34:01 7 "child" means a person who is under or appears to be under eighteen years of age; "dairy" includes any farm-house, cow shed, milk-stall, milk-shop or other place from which milk is supplied or in which milk is kept or used for purposes of sale or is manufactured into butter, ghee, cheese, dried milk or condensed milk for sale; "dairyman" includes any cow-keeper, purveyor of milk, or occupier of a dairy, and in cases where a dairy is owned by a cor.poration or company, the secretary or other person actually managing such dairy; "district" means in relation to a local authority, the area which is under the jurisdiction of that local authority; "drain" means any drain together with its appurtenances used for the drainage of one building only, or of pr¢mises within the same curtilage and made merely for the· purpose of com- municating therefrom with a cesspool or other like receptacle for draina!.!c, or with a sewer into which drainage of two or more buildings or premises occiipied by different persons is conveyed, and includes any · pipe or channel whether opened or closed. used or intended to be used for the drainage of land; "dwelling" means any house, room, shed, hut. cave, tent, vehicle, vessel or boat or any other structure or place whatsoever, any portion whereof is used by any human being for sleeping or in which any human being dwelis; "to erect" in reference to a dwelling or room includes "to alter", "add to" or "convert into" and "erected" has a correspond- ing meaning; "factory" means any premises wherein, or within the close or curtilage or precincts of which, steam, water, or other power whether mechanical or manual is used in aid of the manu- facturing process there carried on; "food" means any article used for food or drink other than drugs or water, but includes ice. and any articlG which ordinarily enters into or is used in the compositioi1 or preparation of human food, and includes flavouring inntters and condi- ments, and "foodstuffs" has a corresponding meaning; "guardian" means any person having by reaspn of the death. illness. absence or incapacity of a parent c>r any other cause, the custody of a child; "health officer" means a medical oflicer of health and a health inspector; L.R.O. I/ 1968 LAWS OF MALA WI 8 Cap. 34:01 Public Ilea/th "health inspector" means a health inspector of the Ministry of Health or one employed by a local authority; "infeoted'' means suffering from. or in the incubation stage of, or contaminated with the infection of, any infectious disease; "infectious disease" means any disease which can be communi- cated directly or indirectly by any person suffering therefr<.1m to any other person; "isolation" means the segregation and the separation from, a,nd interdiction of communication with others, of persons who are or are suspected of being infected, and "isolated" has a corresponding meaning; "keeper of a lodging-house" means any person keeping a hotel or lodging-house; ''land" includes any right over or in respect of land or any interest therein; "latrine'" includes ,privy, urinal, earth-closet and water-closet; "lodging-house" means a building or part of a house including the veranda thereof, if any, which is let or sublet in lodgings or otherwise, either by storeys, by flats, by rooms, or by portions of rooms; ''medical observation" means the isolation of persons in a suitable place; "medical officer" means any registered or licensed medical practi- tioner in the employment of the Government and includes any person authorized by the Secretary for Health to act as a medical officer; "medical officer of health" means the Secretary for Health or any medical officer appointed by the Secretary for Health to act as such in any area; "medical practitioner" means a person who is registered or licensed as such under any law in force in Malawi governing the registration of medical practitioners; "medical surveillance" means the keeping of a person under medical supervision. Persons under such surveillance may pe required by the medical officer of health or any officer d~ly authorized by the Secretary for Health to remain within[ a specified area or to attend for medical examination ht specified places and times; "occupier" shall include any person in actual occupation of land or premises without regard to the title under which be occupies and, in case of premises subdivided and let to lodgers or various tenants, the person receiving rent payab)e by the lodgers or tenants whether on his own account or :as LAWS OF MALA WI Public llealtlz Cap. 34:01 9 an agent for any person entitled thereto or interested therein; "offensive trade'" includes the trade of blood-boiler, bone-boiler, fell-monger. soap-boiler. tallow-melter; tripe-boiler, tanner, -preparer or storer of hides, manure manufacturer, and any other noxious or olfensive trade, business or manufacture declared by the Minister by notice published in the Gazette to be a noxious or offensive trade; "owner" shall, as regards immovable property, include any person, other than the Government, receiving the rent or profits of any land or premises from any tenant or occupier thereof. or who would receive such rent or profits if such land or premises were let whether on his own account or as agent for any person other than the GQvernment entitled thereto or interested therein. The term includes any lessee or licensee from the Government and any superintendent, overseer, or manager, of such lessee or licensee residing on the lands or premises; "parent" means and includes the father and mother of a child, whether legitimate or not; "premises" includes any building or tent together with the land on which it is situated and the adjoining land used in connexion therewith, and includes any vehicle, conveyance or vessel; "public building'' means a building used or constructed or adapted to be used either ordinarily or occasionally as a place of public worship or as a hospital, college, school, theatre, public hall, or as a' public plac~ of assembly or entertainment for persons admitted byj ttcket or otherwise, or used or adapted to be used for any other public purpose; "public vehicle'' means any vehicle which plies or stands for hire, or is from time to time let out for hire or 'is intended to be let out for hire and includes any railway coach or aircraft or vessel; "slaughter-house'' means any premises set apart for the purpose of a slaughter-house by a local authority; "stock" means and includes all domesticaleid animals of which the flesh or milk is used for human consllmption; "street" means any highway. road or sanitar~ \ane, and includes any bridge, footway, square, court, alley, 1or passage whether a thoroughfare or a part of one or not: "trade premises" means any premises (other Jh?n a factory) used or intended to be used for carryin~ ton any trade or business; L.R.O. I/ 1968 LAWS OF MALA WI Cap. 34:01 Public Health "vehicle" means every means of conveyance or of transit or parts thereof manufactured for use or capable of being used on land, water or in the air and in whatever way driven or propelled or carried; "veranda" includes any stage, platform or portico projecting from the external wall of any building; "veterinary officer" means the Director of Veterinary Services or any veterinary officer in the employment of the Government or any member of the Government veterinary staff appointed by the Director of Veterinary Services to act as such in any area; "workshop" means any building or part of a building or any premises _in which manual labour is exercised for the pur- poses of trade. PART II ADMINISTRATION Power to 5. The Minister may cause to be made such inquiries as he direct may see fit in relation to any matters concerning the public mqumcs health in any place. Power of 6. When the Minister directs an inquiry to be made, the persons directed to person directed to make such inquiry shall have free access to all make books, plans, maps, documents, and other things relevant to the inquiries inquiry, and shall have in relation to witnesses and their exami- nation and the production of documents similar powers' to those Cap. 18:01 conferred upon Commissioners by the Commissions of Inquiry Act, and may enter and inspect any building, premises, or place, the entry or inspection whereof appears to him requisite for the pu11pose of such inquiry. General 7. It shall be the duty of every locql authority to take all duties of lawful, necessary and under its special circumstances reasonable local authorities and practicable measures for preventing the occurrence or deal- ing with any outbreak or prevalence of any infectious, com- municable or preventable disease, to safeguard and promote the public health, and to exercise the powers and perform the duties in respect of the public health conferred or imposed on it by this Act or by any other law. Proceedings 8. Whenever any complaint is made that the public health in on com- any locality is endangered by the failure or refusal on the part of plaint against the local authority to exercise the powers or perform the duties local devolving upon it under ·this Act, the Minister, if satisfied after authorities due inquiry that the local authority is guilty of default, may make an order directing the local authority to perform its duty in tbe l,AWS OF MALAWI Public Health Cap. 34:01 11 matter of such complaint and prescribing a time for such performance. If such order is not obeyed within the time prescribed the Minister may appoint some person to carry out such order, and the cost of carrying O!,!t the order may be recovered as a debt due to the Goverrfrnent from the local authority.

9 — Any person appointed under the last preceding section to Powers of

9. Any person appointed under the last preceding section to Powers of person perform the duty of a defaulting local authority shall, in the appointed perfo1 mance and for the purpose of suc!1 duty, have all the under pre· powers of such local authority other than the powers of levying ceding section rates vested in any local authority pursuant to the provision of any Act in that behalf, and the Minister 1nny from time to time by order change any person so appointed.

10 — Save as is specially provided in this Act, this Act shall be This Act in

10. Save as is specially provided in this Act, this Act shall be This Act in deemed to be in addition to and not in substitution for any other relation to Acts provisions of any other Act which are not in conflict or inconsis- tent with this Act. PART III NOTIFICATION OF INFECTIOUS DISEASES

11 — The provisions of this Act, unless otherwise expressed, Notifiable

11. The provisions of this Act, unless otherwise expressed, Notifiable shall, so far as they concern noti'fiable infcctjous diseases, apply diseases to anthrax; blackwater fever; cerebro~spmal meningitis or cerebra-spinal fever; cholera; diphtheria or membranous croup; dysentery (bacillary); encephalitis lethargic~; enter.ic or typhoid fever (including paratyphoid); erysipelas; hydrophobia or human rabies; influenza; measles; plague; acute lprimary pneumonia; acute anterior poliomyelitis; acute polioehcephalitis; puerperal fever (including septicaemia, pyaemia, ceptic pelvic cellulitis or other serious septic condition occurring quring the puerperal state); relapsing fever; scarlet fever or scarlaifoa; sleeping sickness or human trypanosomiasis: smallpox or a1iy disease resembling smallpox; all forms of tuberculosis which. ·are clinically recog- nizable apart from reaction to the tuberculin test; typhus fever; whooping-cough and yellow fever.

12 — The l\iini~ll'r !llay Ii) ll(>lice publi.•,linl in the Gazettc- I kc·lara 1i,,11

12. The l\iini~ll'r !llay Ii) ll(>lice publi.•,linl in the Gazettc- I kc·lara 1i,,11 or notifiahle (a) declare that any infectious disease other than those diseases by specified in section 11 shall be a notifiable disease under this Minister Act; (b) declare that only such prov1s10ns: of this Act as are mentioned in such notice shall apply ta any such notifiable disease; L.R.O. J / 1968 LAWS OF MALAWI 12 Cap. 34:01 Public Health (c) restrict the provisions of this Act, as regards the notifica- tion of any disease, to the district of any local authority or to any area defined. Notification 13.-(1) Where an inmate of any dwelling in Malawi is of infectious diseases suffering from any notifiable infectious disease, unless such dwelling is a hospital in which persons suffering from any notifiable infectious diseases are received, the following pro- visions shall have effect- (a) the head of the family to which such inmate (in this Act referred to as "the patient") belongs and in his default the nearest relatives of the patient present in the building or in their default the person in charge of or in attendance on the . patient, and in default of any such person the occupier of the dweUing shall, as soon as he becomes aware that the patient is suffering from any notifiable infectious disease to which this Act aipplies, send notice thereof to the nearest medical officer of health; (b) whenever any child attending any school, orphanage or like institution, or any person residing in any hotel, boarding- house or other like institution, shall be known to be suffering from any infectious disease (whether such infectious disease is specified in this Act or not) the manager, principal or person in charge of such school, orphanage or other like instjtution, or the manager or proprietor or person in charge of such hotel, boarding-house or other like institution shall forthwith send notice thereof to the nearest medical officer of health and shall furnish to him on his request a list of scholars or residents thereat, together with their addresses; (c) every medical practitioner attending on or called in to visit a patient shall forthwith on becoming aware that the patient is suffering from any notifiable infectious disease to whioh this Act applies, send to the nearest medical officer of health a certificate stating the name of the patient, the situation of the building and the notifiable infectious disease from which, in the opinion of such medical practitioner, the patient is suffering; (d) .in any case in whioh a medical practitioner has been called in, the obligation to notify an infectious disease shall rest on such medical practitioner only: (e) every medical practitioner who becomes aware, by post- mortem examination or otherwise that any person has died of a notifiable infectious disease shall immed ia tcly furnish a. written certificate thereof to the nearest medical officer of health and shall also inform the head of the household or the occupier of the premises or any person who has been in LAWS OF MALA WI Public /lea/th Cap. 34:01 13 attendance on such diseased person of the infectious nature of the disease and the precautions to he taken to prevent its conveyance to others. (2) Every person required by this section to give a notice or certificate who fails to give the same shall be liable to a fine of £5: Provided that if a person is not requir,:!d to give notice in the first instance, but only in default of som~ other person, he shall not be liable to any fine if he satisfies the court that he had reasonable cause to suppose that the notice had been duly given.

14 — The Minister may, in respect of the notification of infec- Regulations

14. The Minister may, in respect of the notification of infec- Regulations tious disease, make Regulations as to- for the noti· fication of infectious (a) the duties of owners or occupier~ of land, the owners or diseases managers of mines, employers of la,pour and all Chiefs or Headmen or others in regard to reporting the occurrence of any infectious disease; (b) the duties of the person in charge of any school, orphanage or similar institution in regard to the reporting of such diseases or any other communicable disease specified in the Regulations to the local authority; (c) the circumstances in which notification of particular infectious diseases shall not be required·; (d) the duties of the local authority in respect to the keeping of registers and records of such notifications; (e) the duties of registrars of death in respect of furnishing the local authority with notification of returns of deaths notified with such registrars; (/) the forms to be used and the particulars to be furnished by medical practitioners when making such notifications to the local authority; (g) the forms to be used and the particulars to be furnished by the local authorities when transmitting returns and reports to the Secretary for Health, and generally for better carrying out the provisions and attaining the objects and purposes of this Part. Any person who contra- venes or fails to comply with any such Regulation shall be guilty of an offence.

15 — The local authority shall pay to ei~r__Y medical practitioner, Fees for

15. The local authority shall pay to ei~r__Y medical practitioner, Fees for other than a Government medical office, 1fpr each certificate duly certificates sent by him in accordance with this Act fee of five shillings. L.R.O. I/ 1968 LAWS OF MALA WI 14 Cap. 34:01 Public Ilea/ti, PART IV PREVENTION AND SUPPRESSION OF INFECTIOUS DISEASES Powers of 16. A medical officer of health may at any time enter and medical officer of inspect any premises in whioh he has reason to believe that any health to person suffering or who has recently suffered from any infectious inspect disease is or has recently been present, or any inmate of which premises and persons has recently been exposed to the infection of any infectious disease, and may medically examine any person in such premises for the purpose of ascertaining whether such person is suffering or has recently suffered from or is a carrier of any such disease and may cause a post-mortem examination to be made on any corpse for the purpose of ascertaining if the cause of death has b~en any infectious disease. Cleansing 17.-(1) If a local authority is satisfied upon a certificate of a and disinfec- tion of medical officer of health or a health inspector that the cleansing premises and and disinfection of any ipremises, and the disinfection and articles destruction of any articles therein likely to retain infection, would therein tend to prevent the spread of any infectious disease, the,authority shall give notice to the occupier of the premises that it will at his cost cleanse and disinfect the premises and disinfect or, as the case may require, destroy any such articles therein. (2) The authority may, twelve hours after the delivery of such notice, or at any time with the consent of the occupier, cause the premises to be cleansed and disinfecteg and the articles to be disinfected or destroyed, as the case may require, and may, if it thinks fit, recover from him the expenses reasonably incurred by it in so doing. (3) Where a local authority has under this section disinfected any premises or article, or destroyed any articles, it may if it thinks fit, pay compensation to any person who has suffered damage by its action. (4) For the purpose of this section, the owner of unoccupied premises shall be deemed to be in occupation thereof. No compen- 18. Compensation shall not be payable in respect of the sation for deprivation of the occupation or use of any building or part deprivation during disin- thereof or of the use of any article occasioned by disinfection, if fection no undue delay has occurred. Provision of 19. Any local authority may provide a proper place, with all means of necessary aipparatus and attendance, for the disi nfcction of disinfection bedding, clothing or other articles which have become infected, and may cause any articles brought for disinfection to be dealt with free of charge. LAWS OF MALA WI Public Health Cap. 34:01 15 --------------

20 — Any local authority may provide and maintain a con- Provision of

20. Any local authority may provide and maintain a con- Provision of veyance or conveyances for the carriage of persons suffering from conveyance for infected any infectious disease and may pay the expenses of carriage persons therein of any person so sulfering to a hospital or other place of detention.

21 — Where the local authority is satisfi~<l on a certificate of the Provision

21. Where the local authority is satisfi~<l on a certificate of the Provision medical officer of health that a person is suffering from an for removal to hospital infectious disease and- of persons suffering (a) that his circumstances are such th~t proper precautions from in- to prevent the spread of infection cannot be taken, or that such fectious diseases precautions are not being taken; and where (b) that serious risk of infection is thereby caused to other serious risk persons; and (c) that accommodation for him is available in a suitable hospital or institution, the local authority may order him to be. ~emoved thereto and maintained at the cost of the authority. anq- to be there detained until such medical oflicer of health is satisfied that he is free from infection or can be discharged without danger to the public health.

22 — Any person who

22. Any person who- (a) while suffering from any infectious disease wilfully Penalty on exposes himself without proper precautipns against spreading exposure of persons amt the said disease in any street, public place, shop, inn or public articles convey:rncc. nr enters :rny ruhlic whiclc without prc\'iously \. ( l I} ', ~ \ !I) notifyin~ thL' \'11 ncr. etlndul'lor or dri\·er- thereof that he 1s so fcdio11, suffering; or disease (b) being in charge of a person so suffering exposes such sufferer; or (c) gives, lends, sells. transmits or expQses, without previous disinfection, any clothing, bedding or rags which he knows to have been exposed to infection from any such disease, or any other article which he knows to have been so exposed, shall be liable to a fine of £15 and to iV,Jprisonment for three months; and a person who. while suffering ~(pm any such disease. enters any public vehicle without previ1ti:,;ly notifying to the owner or driver that he is so suffering,j!sh~ll in addition be ordered by the court to pay such owner orl p.nver the amount of any loss and expenses he or they may incur. 1!o carrying into effect the provisions of this Act with respect lto disinfection of the vehicle: Provided that no proceedings under thisl saiction shall be taken against persons transmitting with propBr precautions any L.R.O. I I 1968 LAWS OF MALA WI 16 Cap. 34:01 Public Health bedding, clothing, rags or other things for the purpose of having the same disinfected. Penalty on 23. Every owner or driver of a vehicle shall immediately failing to provide for notify a medical officer of health, and provide for the disinfection disinfection of such vehicle to the satisfaction of such medical officer of of vehicle health, after it has to his knowledge conveyed any person suffering from an infectious disease, and if he fails to do so he shall be liable to a fine of £20; but no such driver or owner shall be required to convey any person so suffering until he has been paid a sum sufficient to cover any loss or expenses incurred by him in carrying this section into effect. Penalty for 24. Any person who knowingly lets for hire any dwelling or Jetting infected ·premises or part thereof in which, within the previous six weeks, house any person has been suffering from an infectious disease without having the same, and all articles therein liable to retain infection,• efficiently disinfected to the satisfaction of the medical officer of health as testified by a certificate signed by him shall be liable to a fine of £50. This section shall apply to any owner or keeper of a lodging- house. Duty of 25. Any person letting for hire or showing for the purpose of person letting for hire any building or part thereof who on being letting house lately questioned by any person negotiating for the hire of such infected to building or part as to the fact of there being or within six weeks give true information previously having been therein any person suffering from any infectious disease. knowingly makes a false answer to such question shall be liable to a fine of £50. Notification 26.-(1) In every case of death from an infectious disease it of deaths shall be the duty of the occupier of the building in which the and removal of bodies of death has occurred immediately to notify the local authority of persons the death and on receipt of such notification the local authority dying of infectious shall at once transmit the information received to the nearest disease medical officer of health and make the best arrangements practi- cable pending the removal of the body and the carrying out of thorough disinfection for preventing the spread of such disease. (2) It shall be an ofTence against this Act for the occupier of any ,premises to keep any dead body in any room in which food is kept or prepared or eaten, or to keep any dead body for mqre than twenty-four hours in any room in which any person lives, sleeps or works or to keep the body of any person who is kno\vn to have died of an infectious disease in any place other thaq a mortuary or other place set apart for the keeping of dead bodi:es, without first obtaining the sanction of the local authority or a medical officer of health. J,A WS OF MALA WI Public Health Cap. 34:01 17 (3) Where any person dies of an infectious disease it shall be an offence against this Act to remove the body except to a mortuary or for the purpose of immediate burial; and it shall be the duty of any person who removes the body to take it direct to the mortuary or to the place of interment for burial. (4) Nothing in this section shall be deemed to prevent the removal by due authority of any dead body from a hospital to a mortuary.

27 — A medical officer of health, a health officer, a health Removal

27. A medical officer of health, a health officer, a health Removal and burial inspector, a local authority or any administrative or police officer of bodies of on a certificate from a medical practitioner th<l! a person has died persons who from an infectious disease, is empowered to direct that the dead have died of body of a person who has so died be removed to a mortuary or an infectious di,ease other suitable place whenever such body- (a) is retained in contravention of the preceding section in a room in which any person lives. sleeps, or works, or in which food is kept or prepared or ca ten; or (b) is retained in any premises in circumstances which, in the opinion of a medical officer of health. are likely to cause nuisance or endanger health. Any person who obstructs the execution of any order or direction given under this section shall be guilty of an offence.

28 — A local authority shall be responsible fpr the removal and Local

28. A local authority shall be responsible fpr the removal and Local burial of bodies of destitute persons and of unclaimed bodies authority to remove and within its own district. bury un- claimed bodies

29 — The Minister may make Rules applicable to all infectious Rules

29. The Minister may make Rules applicable to all infectious Rules diseases or only to such infectious diseases as may be specified therein, regarding the following matters- (a) the closing of any school or any place of public enter- tainment. where deemed necessary for the ,purpose of prevent- ing the spread of any in(ectious disease, and the regulation and restriction of school attendance; (b) the duties of parents or guardians 9{ ~chool children who are s_ufTeri~1g or have re~cntly_ sulfer~d fr9p1 or been expo_sed to the mfect10n of any mfcct1ous d1seas~. ;1nd the duties of persons in charge of schools in respect of:such children; (c) the establishment, maintenance, l1Hllla£ement, and in- spection of isolation hospitals, convalesc~pt homes or other institutions for the accommodation or i :triatment of persons suffering from or who have recently sulfei·ed from any infec- L.R.O. I { 1968 LAWS OF MALAWI 18 Cap. 34:01 Public Health tious disease, the removal of persons to such institutions and their discharge therefrom and the classification and control of the patients and staff of such institutions; (d) the imposition and enforcement of quarantine or of medical observation or surveillance in respect of persons suffering or suspected to be suffering from an infectious disease who are not removed to a hospital or place of isolation, the premises in which such persons are accommodated, those in, charge of or in attendance on such persons, and other persons living in or visting such premises or who may otherwise have been exposed to the infection of any such disease; (e) the duties in respect of the prevention of infectious diseases therefrom, of owners of land on which other persons. reside and of employers of labour and of Chiefs or headmen and others; (f) the measures to be taken for the prevention of the spread of any infectious disease requiring to be dealt with in a special manner; (g) the conveyance by rail or othnwise of pnsons suffering from, or bodies of persons who have <lied of, an infectious disease; (h) the prevention of the spread from any animal or the carcass or product of any animal to man, of rabies, glanders, anthrax, plague, -tuberculosis, trichinosis or any other disease communicable by any animal, or the carcass or product of any animal, to man; (i) the prevention of the spread of disease by flies or other insects ar.d the destruction and the removal of or the abate- ment of conditions permitting or favouring the prevalence or multiplication of such insects; (J) the destruction of rodents and other vermin and the removal or abatement of conditions permitting or favouring the harbourage or multiplication thereof; (k) the prevention of the spread of ancylostomiasis, schisto- somiasis or other disease in man caused by an animal or vegetable 1parasite; (/) the prevention of the spread of any infectious disease by the carrying on of any business, trade or occupation; (m) the prevention of the spread of any infectious disease bf carriers, and the keeping under medical surveillance and the restriction of the movements of such carriers; (n) the prohibition of spitting in public places or in public vehicles, except into receptacles provided for the purpose; LAWS OF .MALA WI Public Health Cap. 34:01 19 (o) the regulation and restriction of apy trade or occupation entailing special danger to the health of those engaged therein, whether from infectious disease or other:Wise, and the institu- tion of measures for preventing or limiting such danger; (p) the establishment, maintenance and management of cleansing stations and the cleansing of dirty or verminous persons, the disinfection or fumigation of J:>uildings, clothing or other articles which have been exposed to or are believed to be contaminated with the infection of any infectious disease, or which are dirty or verminous, and the prohibition of the carrying out of any fumigation which' involves the use of poisonous gas except under licence; (q) the disposal of any refuse, waste m~tters or other matter or thing which has been contaminated with or exposed to the infection of any infectious disease; (r) the giving compulsorily of any information or the pro- duction compulsorily of any documentary or other evidence required for the purpose of tracing the sotirce or preventing the spread of any infectious disease, and generally for heller carrying out the provisions and attaining the objects and purposes of this Part. PART V SPECIAL PROVISIONS REGARDING CERTAIN FORMIDABLE EPIDEMIC OR ENDEMIC DISEASES

30 — This Part shall apply to smallpox, plague, cholera, yellow Formidable

30. This Part shall apply to smallpox, plague, cholera, yellow Formidable fever, cerebra-spinal meningitis, typhus, sleeping sickness or epidemic endemic or human trypanosomiasis and any other disecise which the Minister diseases may by notice declare to be a formidable epidemic or endemic disease for the purpose of this Part.

31 — Whenever any part of Malawi app~i:j.rs to be threatened by Power to

31. Whenever any part of Malawi app~i:j.rs to be threatened by Power to make Rules any disease described in the last precedir,i.g section, the Minister for preven- may declare such part an infected area arid may make Rules for tion of all or any of the following purposes, nameliy- disease (a) for the speedy interment of the dead: (b) for house to house visitation; (c) for the provision of medical aid and accommodation, for the promotion of cleansin!-!, ventilation alnc.t disinfection and for guarding against the spread of disease; (d) for preventing any person from ~~tyring or leaving any infected area without undergoing all or tt'~.y of the following- L.R.O. l / /968 LAWS OF MALA WI 20 Cap. 34:01 Public Health medical examination, disinfection, inoculation, vaccina- tion or passing a specified period in an observation camp or station; (e) for the formation and regulation of hospitals and obser- vation camps or stations, and for the placing therein and reception of persons who are suffering from or have been in contact with persons suffering from infectious disease; (f> for the destruction or disinfection of buildings, furniture, goods or other articles, which have been used by persons suffering from infectious disease, or which are likely to spread the infection; (g) for the removal of persons who are suffering from an infectious disease and persons who ha.ve been in contact with such persons; (h) for the removal of corpses; (i) for the destruction o.f rats, the means and precautions to be taken on shore or on board vessels for preventing them passing between vessels and from vessels to the shore or from the shore to vessels.and the better prevention of the danger of spreading infection by rats; (j) for the destruction of mosquitoes, the means and pre- cautions to be taken in respect of aircraft arriving at or departing from Malawi and for preventing mosquitoes from passing from aircraft to land or from land to aircraft, and the better prevention of the danger of spreading infection by mosquitoes; (k) for the -remov,al and disinfection of articles which have been exposed to infection; (l) for pmhibitin_g any person from living in any building or using any building for any purpose whatsoever if in the opinion of a medical officer of health any such use is liable to cause the spread of any infectious disease; any Rules made under this section may give a medical officer of health power to prescribe the conditions on which such a building may be used; (m) for the compulsory medical examination of persons suffering or suspected to be suffering from infectious disease; (n) for the registration of residents in an infected area; (o) for the registration of vehicles in an infected area; (p) for the compulsory confiscation and disposal of canoes and fishing gear used by any person in breach of any rule relating to the disease known as sleeping sickness; LAWS OF MALA WI Public Health Cap. 34:01 21 (q) for the control of wood cutting in an infected area; (r) for the restriction of residence in immigration to or emigration from, an infected area; (s) for the control of fishing and hunting in an infected area; (!) for any other purpose whether of the same kind or nature as the foregoing or not having for its object the prevention, control or suppression of infectious disease, and may by order declare all or any of the Rules so made to be in force within the whole or any part or parts of the infected area.

32 — The local authority of any area within which or part of Local

32. The local authority of any area within which or part of Local authority to which Rules made under this Part are declared to be in force, sec to the shall do and provide all such acts, matters and things as may be execution of necessary for mitigating any such disease, or aiding in the Rules execution of such Rules, or for executing the same, as the case may require. A local authority may from tinje to time direct any prosecution or legal proceedings for or in respect of the wilful violation or neglect of any such Rules.

33 — Any local authority or medical officer of health or any Power of

33. Any local authority or medical officer of health or any Power of local person duly authorized by any local authority or medical officer authority or of health shall have power of entry on any premises or vehicle, medical for the purpose of executing or superintending the execution of onicer of health to any Rules so made by the Minister as aforesaid. enforce Rules

34 — (1) Any person who becomes aw;tre of any unusual Notification

34.-(1) Any person who becomes aw;tre of any unusual Notification sickness or mortality among rats, mice, cats, dogs or other of sickness or mortality animals susceptible to plague or other formidable epidemic in animals suspected of diseases not due to poison or other obvious ~ause, shall immedi- plague ately report the fact to a medical officer of health, where practicable, and where impracticable, to a local authority. (2) Any such person who fails so to report shall be guilty of an offence.

35 — Every local authority shall immedi~tely report to the Local

35. Every local authority shall immedi~tely report to the Local Secretary for Health or the nearest medical officer of health by authorities lo report telegraph. or other expeditious means. particµlars of every notifi- notification cation received by such authority of a case:.p'.r suspected case of of formid- able any formidable epidemic or endemic discas4; or of any unusual epidemic sickness or mortality in animals made undt:ir the last preceding disease by section. telegraph

36 — (1) Where there exists or is threatGped an outbreak of Secretary

36.-(1) Where there exists or is threatGped an outbreak of Secretary for Health any disease to which this Part applies it sl¥ill be lawful for the may requisi- Secretary for Health to require any iperso}i !pwning or having tion charge of any land or any premises, or a1h !\person owning or buildings 1 L.R.O. 1 / 1968 LAWS OF MALA WI 22 Cap. 34:01 Public Health having charge of tents, transport, bedding, hospital equipment, drugs, food or other appliances, materials or articles urgently required in connexion with the outbreak, to hand over the use of any such land or premises or to supply or make ava11able any such article, subject to the payment of a reasonable amount as hire or purchase price. (2) Any person who, without reasonable cause. fails or refuses to comply with any such requirement, shall be guilty of an offence. Penalties for 37. Any person guilty of an offence against this Part shall be offences against this liable to a fine of £100 and to imprisonment for twelve months. Part PART VI PREVENTION OF INTRODUCTION OF INFECTIOUS DISEASES Power to 38.-(1) For the purpose of preventing the introduction of enforce pre- cautions at infectious disease into Malawi the Minister may by order- borders of l\falawi (a) regulate, restrict or prohibit the entry into Malawi or any part thereof of any person or of persons of any specified class or description or from any specified country, locality or area; (b) regulate, restrict or prohibit the introduction into Malawi or any specified part thereof of any animal, article or thing; (c) impose requirements or conditions as regards the medical examination, detention, quarantine, disinfection, vaccination, isolation or medical surveillance or otherwise of persons entering, or the examination, detention, or disinfection or otherwise of such persons as aforesaid or of articles and things introduced into Malawi or any part thereof. (2) Any person who contravenes or fails to comply with any such order shall be liable to a fine of £50 and to imprisonment for six months. -Removal of 39.-(1) Where any person arriving in Malawi by railway infected train or other vehicle is found to be suffering from any infectious persons from railway disease, and in the opinion of a medical officer of health cannot trains be accommodated or cannot be nursed or treated so as to guard against the spread of the disease or to promote recovery, the medical officer of health may order the removal of such person to a hospital or place of isolation for such period as may be necessary in the interests of the patient or to prevent the spread of infection. (2) All expenses necessarily incurred in dealing with a patient under this section shall be a charie against the said patient and LAWS OF MALA WI Public Health Cap. 34:01 23 - - - - - - - - - ---------------------·--·---·--·-- may be recovered from him as a debt due to the Government. In the case of a person unable to pay any or all of such expenses necessarily incurred on his behalf, such expenditure or balance thereof shall be a charge on the Consolidated Fund.

40 — (1) Where any person arriving by railway train or other Isolation or

40.-(1) Where any person arriving by railway train or other Isolation or vehicle within Malawi is believed to have been recently exposed of surveillance persons to the infection, or to be in the incubation stage of, any notifiable exposed to disease, a medical officer of health may require such person to be infection removed to some hospital or place of isolation until considered free from infection, or alternatively may allow such person to proceed to his place of destination and there report himself to the local authority for medical surveillance by such local authority until considered free from infection. (2) The medical officer of health shall in each instance notify the local authority of the district of such person's destination, of the fact that such person is believed to have been recently exposed to infection and has been allowed to proceed to his destination.

41 — (1) Any medical ollicer of health may al any time board Powers of

41.-(1) Any medical ollicer of health may al any time board Powers of medical any railway train or other vehicle arriving within Malawi, and officers of may inspect any portion thereof or anything therein, and may health to medically examine any person travelling by such train or vehH::le inspect rail· way trains and require any such ipcrson to answer any question for the and medi- purpose of ascertaining if such person is infected by or has cally recently been exposed to the infection of any notifiable infectious examine passengers disease. (2) Any person who refuses to allow any such officer to board any railway train or other vehicle or to make any inspection or medical examination as aforesaid or otherwise obstructs or hinders any such officer in the execution of his duty, or who fails or refuses to give any information which he may lawfully )Je required to give, or who gives false or misleading information to any such officer, knowing it to be false or misleading, shall be guilty of an offence. PART VII SMALLPOX

42 — For the purposes of this Part- Definition of

42. For the purposes of this Part- Definition of "protected "protected person" means a person or child who is protected; person" "public "public vaccinator" means a public vaccinator appointed by the vaccinator" Secretary for Health and any person appointed by the "unprotected person" and Secretary for Health to assist or act for a public vaccinatqr "vaccina- and includes any registered or licensed medical practitionqr: tion" in this Part ''unprotected person" includes a child and means a person w,J~o has not been protected from smallpox either by having had L.R.O. l / 1968 LAWS OF MAI.A WI 24 Cap. 34:01 Public lfra!tl1 the disease, or by having been successfully vaccinated not less than fourteen days nor more than three years pre- viously; ahd "vaccination" means the introduction into the skin of smallpo?C · vaccine virus contained in a pure and tested vaccine lyrnpli. Vaccination 43. The ,parent or guardian of every child born in Malawi of children shall, after six months and within twelve months from birth, unless such child is unfit or has suffered from smallpox, cause such child to be successfully vaccinated by a public vaccinator. Vaccination of persons in 44.-{1) The Minister may by notice published in the Gazeqe declared declare any area to be a compulsory vaccination area and shall in areas or such notice specify a period within which the vaccination of, all entering unprotected persons dwelling in such area shall take place. Malawi (2) Every unprotected adult and the parent or guardian of every unprotected child in any area declared to be a compulsory vaccination area shall cause himself and such child to be vacci- nated within the.period specified. (3) Every unprotected adult and the parent or guardian of every unprotected child entering Malawi shall cause himself and such child to be vaccinated within one month: Provided that- (a) this section shall not require the vaccination of any adult or child who, in the opinion of a public vaccinator, is not in a fit state to be vaccinated; (b) this section shall not apply to any person wl10 can prove that reasonable facilities for vaccination were not available. I [ adult or 45. If any public vaccinator shall be of opinion that any adult child unfit or child is not in a fit state to be vaccinated, he shall give to the for vaccina- tion certifi- adult or to the parent or guardian of the child a certificate under cate to be his hand that the adult or child j3 then in a state unfit for given vaccination. The said certificate shall remain in force for six months only but shall be renewable for successive periods of six months until the ,public vaccinator shall deem the adult or child to be tit for vaccination, when the adult or child shall with all reasonable despatch be vaccinated. Certificates 46. Every public vaccinator who shall have performed the to be given operation of vaccination upon any adult or child. and shall have for success- ful vaccina- ascertained that the same has been successful shall deliver to sueµ tion adult or the ,parent or guardian of such child a certificate c~rtify- ing that the said adult or child has been successfully vaccinitcd. LAWS OF MALA WI Public Health Cap. 34:01 25

47 — No fee or remuneration shall be charged to the person No fee to be

47. No fee or remuneration shall be charged to the person No fee to be vaccinated by any public vaccinator for any certificate granted charged for a certificate under this Act, nor for any vaccination done by him in pursuance or for vacci- of this Act. nation by public vaccinator

48 — Every superintendent or person in cparge of a leprosy Vaccination

48. Every superintendent or person in cparge of a leprosy Vaccination settlement, mental hospital, chronic sick hqspital, gaol, prison, of of inmates institu- reformatory, or other similar institution, shall where practicable, tions cause to be vaccinated within fourteen days following his admis- sion to such institution every inmate thereof who, being in a fit state of health to undergo vaccination, fails tQ prove satisfactorily that he has been successfully vaccinated witpin the three years immediately preceding; if such person is at the time unfit to undergo vaccination, he shall be vaccinated as soon as he is so fit.

49 — (1) Subject to section 45, no child shall be admitted to or School

49. (1) Subject to section 45, no child shall be admitted to or School attend any school until there has been produced to the school attendance manager or other person in charge thereof a certificate or other satisfactory evidence that the child is a iprote:cted person and any school manager or other person who admits or permits such child to be admitted shall be guilty of an offence. (2) For the purpose of ascertaining whether subsection (1) is being observed, every public vaccinator shall, whenever in- structed by the Secretary for Health, visit a~y school and make therein such inspection of the children atteqging thereat as will enable him to furnish such particulars as the S,ecretary for Health may require as to the children who are unprotected.

50 — Any person who inoculates himself or any other person Supply

50. Any person who inoculates himself or any other person Supply vaccine of against smallpox with material taken from a person suffering lymph and from smallpox or from a vaccine vesicle on another person shall inoculation from arm to be guilty of an offence. arm, etc., forbidden

51 — (1) The Minister may, at any time when he considers it Power to

51.-(1) The Minister may, at any time when he considers it Power to order vacci- necessary as a result of an outbreak, or to p(event the outbreak nation of all of smallpox in any area, direct that all perspns or any class of persons at persons within Malawi, or within any place,, area, municipality, any time town, village or community therein, or all persons entering Malawi shall, unless they can give .satisfactory evidence that they have, within such period as the Minister may speoify, already been vaccinated, be vaccinated forthwith. (2) Where the Minister has issued directions under subsection (1) the local authority having jurisdiction in. ,any place, area, municipality, town or village or in respect bfl any community L.R.O. If 1968 LAWS OF MALAWI 26 Cap. 34:01 Public Ilea/th -------------------···------· specified in such directions shall require all persons therein to attend, or all parents or guardians of childrert to cause su_ch children to attend at centres or vaccination posts according to instructions issued there to undergo inspection by a public vaccinator and if found to be unprotected, and subject to sec:tion 45, to undergo vaccination. Such instructions may be issued by notice in the press, or by notices posted in public places, or otherwise as may be deemed sufficient by the local authe>rity. Any ,person, parent or guardian· failing to comply with such instructions shall be guilty of an offence. (3) The Minister may make rules for the purpose of regulating or enforcing vaccination under this section and such rules may confer powers on public vaccinators in respect of persons passing vaccination centres or posts, who require vaccination. Power to 52. The Minister may make Rules- make Rules (a) prescribing forms of certificates, notices, returns and books of record to be used in connexion with public vaccina- tion, and defining the information to be furnished therein, and requiring the furnishing and prescribing the manner of use thereof by registrars of deaths, public vaccinators, local authorities, medical practitioners, parents or guardians of children, persons in charge of schools, employers of labour and others; (b) conferring powers and imposing duties, in connexion with the carrying out of enforcement of vaccination, on magistrates, administrative officers, members of the police force, or other Government officers, local authorities, persons in charge of schools, employers of labour, Chiefs and village headmen and others; (c) prescribing and defining the duties in connexion with vaccination of public vaccinators; (d) ,prescribing the manner in which vaccination shall •be performed and the precautions to be observed by • those performing it and by the persons or the parents or the guardians of children vaccinated; (e) providing for the vaccination of persons and assigning where deemed desirable the responsibility for the carrying out of such vaccination to local authorities or employers of labour; and (f) generally for the better carrying out of this Part and attaining the objects and purposes thereof. LAWS OF MALAWI Public Health Cap.34:01 27 PART VIII VENEREAL DISEASES

53 — The provisions of this Act, unless otherwise expressed, in Venereal

53. The provisions of this Act, unless otherwise expressed, in Venereal so far as they concern venereal diseases, shqll be deemed to diseases apply to primary or secondary syphilis, acute and chronic gonorrhoea, gonorrhoeal ophthalmia, soft chancre, lympho- granuloma inguinale, ulcerating granuloma anq any other disease that may be declared by the Minister by notice published in the Gazette to be a venereal disease.

54 — (1) Any person who, while suffering from any venereal Employment

54.-(1) Any person who, while suffering from any venereal Employment disease in a communicable form, accepts or continues in employ- of infected persons ment either as an employee or on his own account in or about any factory, shop, hotel, restaurant, dwelling-house, or any place in any capacity entailing the care of children qr the handling of food intended for consumption or of food ute1)sils for use by any other person shall be guilty of an offence, unlgss he proves that he did not know or suspect, and had no reasonable means of knowing or suspecting, that he was so suffering. (2) Every person shall be guilty of an offenc:e who employs or continues to employ any person suffering from any venereal disease in a communicable form, if by reasoq of such employ- ment such person is required or is permitted to have the care of children or to handle any food intended for consumption or food or household utensils, unless the employer proves that he did not know or suspect, and had no reasonable means of knowing or suspecting that the person so employed by :him was suffering from such disease. (3) If an employee who is employed in any manner set out in the preceding subsections is shown by a certificate signed by a registered or licensed medical practitioner to qe suffering from a venereal disease, or if any employer has reasonable cause to suspect that such employee is suffering from· ·11 venereal disease and the said employee refuses to submit hi'mself to medical examination, it shall be lawful for the employer summarily to dismiss the employee with payment of wages up to the date of dismissal.

55 — (1) No person shall publish. exhibit or circulate any Publication

55.-(1) No person shall publish. exhibit or circulate any Publication of advertise- advertisement or statement intended to pronfote the sale of any ments of medicine, appliance or article for the allevia;tion or cure of any cures venereal disease or disease affecting the geperative organs or functions, or of sexual impotence or of! any complaint or infirmity arising from or relating to sexual intercourse. (2) No person shall hold out or recommeHd to the public by any notice or advertisement, or by any writtdn.or printed papers L.R .0. I/ 19158 LAWS OF MALA WI 28 Cap. 34:01 Public Health ---------------------···---··-·--- or handbills, or any label or words written or printed, affixed to or delivered with, any packet, box, bottle, phial or other enclosure containing the same, ar:iy pills, capsules, powders, lozenges, tinctures, potions, cordials, electuaries, plasters, unguents, salves, ointments, drops, lotions, oil, spirits, medicated herbs and waters or chemical and official preparations whatso- ever, to be used or applied externally or internally as medicines or medicaments for the prevention, cure, or relief of any venereal disease or disease affecting the generative organs or functions, or sexual impotence., or of any complaint or infirmity arising from or relating to sexual intercourse. (3) This section shall not apply to publications by or under the authority of the Secretary for Health, or by any local authority, public hospital, or other public body in the discharge of its lawful duties or by any society or person acting with the authority of the Government first obtained, or to any books, documents or papers published in good faith for the advancement of medical science. Prevention 56. No person, unless he is a registered or licensed medical of the treat- ment of practitioner, or a State registered nurse, or other person certified venereal by the Secretary for Health to be competent to diagnose µnd disease treat venereal disease, shall for reward treat any person for otherwise than by venereal disease or suspected venereal disease or prescribe any registered or remedy therefor, or give any advice in connexion with the licensed treatment thereof, whether the advice is given to the person to be persons treated or to any other person. Conveyance 57. No person shall wilfully or by culpable negligence infect of infection any other person with venereal disease or do or permit or suffer an offence any act likely to lead to the infection of any other person with such disease. Offences and 58.-(1) Any person who contravenes or fails to comply with penalties any of the provisions of this Part shall be liable to a fine of £150 and to imprisonment for two years. (2) When a person is convicted of an offence against this Part, the court may order any advertisement or written matter speci- fied tin seotion 55, or drugs, poisons, medicines. needles, syringes or surgical, medical or diagnostic instruments or appliances, published or used by, belonging to, or in the possession of the person convicted, to be forfeited, and to be destroyed or other- wise disposed of. PART IX SANITATION AND HOUSING Nuisances 59. No person .shall cause a nuisan~e, or s~all suffer to .exis~ o.n prohibited any land or iprenuses owned or occupied by him or of which lie 1s LAWS OF l\lALA WI Public Health Cap. 34:01 29 in charge, any nuisance or other condition liable to be injurious or dangerous to health.

60 — It shall be the duty of every local authority to take all Duties of

60. It shall be the duty of every local authority to take all Duties of lawful, necessary and reasonably practicable measures for main- local authorities taining its area at all times in clean and sanitary condition, and to maintain for preventing the occurrence therein of, or for remedying or cleanliness causing to be remedied, any nuisance or condition liable to be and prevent nuisances injurious or dangerous to health and to take proceedings at law against any person causing or responsible for the continuance of any such nuisance or condition.

61 — It shall be the duty of every local authority to take all Duty o(

61. It shall be the duty of every local authority to take all Duty o( local lawful, necessary and reasonably practicable measures for pre- authorities venting or causing to be prevented or remedied all conditions to prevent or remedy liable to be injurious or dangerous to health arising from the danger to erection or occupation of unhealthy dwellings orpremises, or the health erection of dwellings or premises on unhealthy sites or on sites of arising from insufficient extent, or from overcrowding, or frqm the construc- unsuitable dwellings tion, condition or manner of use of any factory or· trade premises, and to take proceedings under the law or rules in force in its area against any person causing or responsible for the'continuance of any such conditions: Provided that no action shall be taken by any local authority in pursuance of this Part in respect of any factory if such action is calculated to interfere with the construction of any building or with the condition or manner of use of any machinery without the consent of the Chief Inspector of Factories.

62 — The following shall be deemed to be nuisances liable to be What consti

62. The following shall be deemed to be nuisances liable to be What consti- dealt with in the manner provided in this Part- ~~:f~\~ce (1) any vehicle in such a state or condition as to be injurious or dangerous to health; (2) any dwelling or premises or part thereof which is or are of such construction or in such state or so situated or so dirty or so verminous or so damp as to be likely, to be injurious or dangerous to health or which is or are liable to favour the spread of any infectious disease; (3) any street, road or any part thereof, stre 4 m, pool, ditch. gutter, watercourse, sink. water tank, cisterq, latrine, cesspool, soak-away pit, septic tank, cesspit, soil-pipe.! waste-pipe, drain, sewer, garbage receptacle, dust bin, dung pit, refuse pit, slop tank or manure heap so foul or in such a sta\e or so situated or constructed as to be offensive or to be likely: to be injurious or dangerous to health; (4) any well or other source of water sunrlr or any cistern or other receptacle for water, whether pu~fo or private, the L.R.O. I/ 1968 LAWS OF MALAWI 30 Cap. 34:01 Public Health water from which is used or is likely to be used by human beings for drinking or domestic purposes or in connexion with any dairy, or in connexion with the manufacture or prepara- tion of any article of food intended for human consumption, which is in a condition liable to render any such water injurious or dangerous to health; (5) any noxious matter, or waste water, flowing or dis- charged from any premises, wherever situated, into any public street, or into the gutter or side channel of any street, or into any gully, swamp, or watercourse or irrigation channel not approved for the reception of such discharge; (6) any collection of water, sewage, rubbish. refuse, ordure, or other fluid or solid substances which arc ofTensivc or which are dangerous or injurious to health or which permit · or facilitate the breeding or multiplication of animal or vegetable parasites of men or domestic animals, or of insects or of other agents which are known to carry such parasites or which may otherwise cause or facilitate the infection of men or domestic animals by such parasites; (7) any collection of water found to contain any of the immature stages of the mosquito; (8) any cesspit, latrine, urinal, dung pit, or refuse pit found to contain any of the immature stages of the mosquito; (9) any stable, cow shed or other building or premises used for keeping of animals or birds which is so constructed, situated, used or kept as to be offensive or which is injurious or dangerous to health; (10) any animal or bird so kept as to be ofTensivc or injurious to health; (11) any accumulation of stones, timber, or other material of any nature whatever if such is likely, in the opinion of a medical officer of health, to harbour rats and other vermin, and any premises in such a state or condition and any building so constructed as to be likely to harbour rats; ( 12) any dwelling or premises so overcrowded as to be injurious or dangerous to the health of the inmates, or dilapidated or defective in lighting or ventilation, or not provided with or so situated that such dwelling or premises cannot be provided with sanitary accommodation to the satis- faction of a medical officer of health; (13) any public or other building which is so situated, constructed, used or kept as to be unsafe or injurious :or dangerous to health; (14) any occupied dwelling for which a proper, sufficient and wholesome water supply is not available within a reasonable distance; LAWS OF MALAWI Public lfralth Cap. 34:01 31 (15) any factory or trade premises not kept in a cleanly state and free from offensive smell arising from any drain or latrine, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly lighted or ventilated as to be injurious or dangerous to the health of those employed therein; (16) any factory or trade premises causin~ or giving rise to smells or efiluvia which are injurious or dangerous to health; (17) any area of land kept or permitted to remain in such a state as to be offensive, or liable to cause any infectious, communicable or •preventable disease or iniury or danger to health; (18) any machinery sending forth smoke in such quantity or in such manner as to be offensive or injurious or dangerous to health; (19) any cemetery, burial place, crematorium or other place of sepulture so situated or so crowded. or otherwise so conducted as to be offensive or injurious or dangerous to health; (20) any gutter, drain, shoot, stack pipe, qown spout, water tank or cistern which by reason of its insufficiency or its defective condition shall cause damp in any dwelling; (21) any deposit of material in or on any building or lane which shall cause damp in any building so as to be dangerous or injurious to health; (22) any dwelling, public building, trade premises, workshop or factory not provided with sufficient and sanitary latrines; (23) any act, omission, or thing which is or may be offen- sive, dangerous to life or injurious to health.

63 — The author of a nuisance means the perijon by whose act, Aulhor of

63. The author of a nuisance means the perijon by whose act, Aulhor of default or sufferance the nuisance is caused, exists or is con- nuisance tinued, whether he be the owner or occupier or both owner and occupier or any other person.

64 — A local authority or a medical otllcer q( J1ealth, if satisfied Notice lo

64. A local authority or a medical otllcer q( J1ealth, if satisfied Notice lo of th0 existence of a nuisance, may serve a n~Hce on the author abate of the nuisance, or, if he cannot be found, thefr cm the occupier or nuisance owner of the dwelling or premises on which ·tqe nuisance arises or continues, requiring him to abate it within the time specified in the notice, and if the local authority or medic41l officer of health thinks it desirable (but not otherwise) any wo~fto be executed to abate or prevent a recurrence of the said nuisance may be also specified in the notice: L.R.O. I I 1968 LAWS OF MALA WI 32 Cap. 34:01 Public Health Provided that- (a) where the nuisance arises from any want or defect of a structural character, or where the dwelling or premises are unoccupied, the notice shall be served on the owner; (b) where the author of the nuisance cannot be found or it is clear that the nuisance does not arise or continue by the act or default or sufferance of the occupier or owner of the dwelling or premises, the local authority shall abate the nuisance and may do what is necessary to prevent the recurrence thereof. Procedure in 65.-(1) If the person on whom a notice to abate a nuisance case owner fails to has been served as aforesaid fails to comply with any of the comply with requirements thereof within the tim~ specified, or if the nuisance notice although abated since the service of the notice is, in the opinion of the local authority, likely to recur on the same premises, the local authority may cause a complaint relating to such nuisance to be made before a Resident Magistrate's court or a subordinate court of 1the fi.rst or second grade and such court may thereupon rissue a summons requiring the person on whom the notice was served to appea,r before it. (2) If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises the court shall make an order on the author thereof, or the occupier or owner of the dwelling or premises, as the case may be, requiring him to comply with all or any of the requirements of the notice or otherwise to abate the nuisance within a time specified in the order and to do any works necessary for that purpose; or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence, or an order both requiring abatement and prohibiting the:, recurrence of the nuisance. (3) The court may by such order impose a fine of £20 on the person on whom the order is made and may also give directions as to the payment of all costs incurred up to the time of the hearing or making of the order for the abatement of the nuisance. (4) Before making any order, the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investigation or analysis in respect of the nuisance alleged has been made by some competent person. (5) Where the nuisance proved to exist is such as to render a dwelling unfit, in the judgment of the court, for human habita- tion, the court may issue a closing order prohibiting the µse thereof as a dwelling until in its judgment the dwelling is fit for that purpose; and may further order that no rent shall be due or payable by or on behalf of the occupier of that dwelling in respect of the period in which the closing order exists; and on the LAWS OF MALAWI Public Health Cap. 34:01 33 court being satisfied that such dwelling has ngain been rendered fit for use as a dwelling the court may terminate the closing order and by a further order declare the dwelling habitable, and from the date thereof such dwelling may be let or inhabited. Notwithstanding any such last-mentioned order, further pro- ceedings may be taken in accordance with this section in respect of the same dwelling in the event of any nuis~nce occurring or of the dwelling being again found to be unfit for human habitation.

66 — (1) Any person who fails to obey an order by a court to Penalties in

66.-(1) Any person who fails to obey an order by a court to Penalties in comply with the requirements of a local authority or medical relation to nuisance officer of health or otherwise to abate the nuisance, shall, unless he satisfies the court that he has used all diligence to carry out such order, be liable to a fine of £5 for every day during which the default continues; any person wilfully acting in contravention of a closing order issued under the last preccqing section shall be liable to a fine of £5 for every day during which the contraven- tion continues. (2) The local authority may in such a casg, enter the premises to which any such order relates and abate the nuisance or do whatever may be necessary in the cxecutio11 of such order and recover in a Resident Magistrate's court or a. subordinate court of the first or second grade the expenses incurred from the person on whom the order is made.

67 — Whenever it appears to the satisfaction of the court that Court may

67. Whenever it appears to the satisfaction of the court that Court may the person by whose act or default the nuisani;:e arises, or that the order local authority to owner or occupier of the premises is not kpown or cannot be execute found, the court may at once order the local authority to execute works in the works thereby directed and the cost of executing the same certain cases shall be a charge on the property on which the said nuisance exists.

68 — Where the court has twice within a period of three months Provision in

68. Where the court has twice within a period of three months Provision in issued an order as specified in section 65 (2) relating to over- case of two crowding of the same premises or part of the same premises the orders for overcrowd- court may, on the application of a local :14thority, order such ing relating to same premises to be closed for such period as the court may deem premises necessary.

69 — Any matter or· thing removed by n; · local authority in Power of

69. Any matter or· thing removed by n; · local authority in Power of abating any nuisance under this Part may: be sold by public sale auction, and the money arising from the salq may be retained by the local authority, and applied in paymqnt of the expenses incurred by them in reference to such nuisa11ce, and the surplus (if any) shall be paid, on demand, to the owrh~r of such matter or thing if he shall establish his claim thereto whhin two years from the date of such sale, failing which such surpfos shall be paid into the Consolidated Fund. L.R.O. 1/1970 LAWS OF MALAWI 34 Cap. 34:01 Public Health Persons 70.-(1) Where any nuisance liable to be dealt with in the jointly manner provided in this Part appears to be wholly or partly responsible for caused by the acts or defaults of two or more persons, a local nuisances authority may institute proceedings against any one of such may be pro- person or may include all or any two or more of them in one ceeded against proceeding, and any one or more of such persons may be ordered to abate the nuisance, so far as it appears to be caused by his or their acts or defaults or may be prohibited from continuing any acts or defaults which contrjbute to the nuisance, or may be fined or otherwise dealt with notwithstanding that the acts or default of any one of such persons would not separately have caused. a nuisance, and the costs may be distributed as may appear to the court fair and reasonable. (2) Proceedings under the preceding subsection against several persons included in one complaint shall not abate by reason of the death of any of the persons so included, but all such proceedings may be carried on as if such deceased person had not been originally so included. (3) Where some only of the persons by whose act or default any nuisance has been caused or partly caused have been proceeded against under this Part, they shall, without prejudice to any other remedy, be entitled to recover from any other persons who were not so proceeded against and by whose act or default the said nuisance was caused or partly caused a propor;. tionate part of the costs of and incidental to such proceedings and abating such nuisance, and of any fine and costs ordered to be paid in such proceedings. Demolition 71.-(1) Where in the opinion of the Minister a nuisance exists of unfit with respect to premises which in his opinion are so dilapidated buildings 34 of 1969 or so defectively constructed or so situated that repairs to or alterations of such premises are not likely to remove the nuisance the Minister may issue a demolition order ordering the owner of the premises to commence to demolish them on or before a specified day, being at least one month from the date of issuing the order, and to complete the demolition and to remove the materials which comprised the premises from the site before another specified day: Provided that at least one month before issuing such a demolition order notice of the intention to issue such an order shall be served on the owner of the premises who may make representations in respect thereof to the Minister. The Minister shall consider any representations so made before issuing a demolition order under this section. (2) The Minister shall give notice to the occupier of the premises .in respect of which a demolition order has been issued requiring him to vacate the premises within a time to be specified in such LAWS OF MALA WI Public Health Cap. 34:01 35 notice, and if any person fails to comply wjth the notice or enters the premises, without lawful excuse, after the date specified in the notice, he shall be guilty of an offence. (3) If any person fails to comply with an order for demolition issued under this section he shall be guilty of an offence and be liable to pay the daily fine provided in ~ection 66 (1), and the Minister may cause the premises to be: demolished and may recover from the owner the expenses incqrred in doing so after deducting the net proceeds of the sale of the materials which the Minister may sell by auction. (4) No compensation shall be paid to the owner or occupier of any premises in respect of the demolition thereof as aforesaid. (5) For the purposes of this section the Minister means the Minister for the time being responsible for land.

72 — (1) The Minister may, by notice published in the Gazette, Prohibitions

72.-(1) The Minister may, by notice published in the Gazette, Prohibitions prohibit within any area defined in such norice- in respect of back-to-back dwellings (a) the erection of any premises intended to be used as a and rooms dwelling constructed on the back-to-back system; or without through ventilation (b) the erection of any room intended to be used as a sleep- ing or living or work room which is not provided with an exter- nal window or windows having a tot~l area not less than one-tenth of the floor area, at least half of such window or windows being capable of being opened: Provided that- (i) any such room which is without a fireplace and flue shall in addition be provided with a fresh air inlet having an unobstructed sectional area of at least thirty square inches; (ii) such windows or inlets shall be so placed as to secure through or cross ventilation; or (c) the erection of any premises inti:nded to be used as a dwelling on made ground containing ~treet sweepings, refuse, rubbish or other matter liable to depomposition unless the approval of the local authority has licen obtained and such measures for safeguarding health have been taken as such local authority may require. (2) Any person who contravenes any provision of this section shall be liable to a fine of £50 and to 'a further fine of £2 for every day during which such contravention continues after the date fixed in any written notice' in respect thereof from the local authority. L.R.O . .l/W70 LAWS OF MALA WI 36 Cap. 34:01 Public Healtlr Cost of 73.-(1) All reasonable costs and expenses incurred in serving execution of a notice, making a complaint or obtaining a nuisance order, or in provisions relating to carrying the order into effect, shall be deemed to be money paiq nuisances for the use and at the request of the person on whom the order is made; or, if no order is made but the nuisance is proved to have existed when the notice was served or the complaint made, then of the author of the nuisance. (2) Such costs and expenses incurred in relation to any such nuisance may be recovered as a civil debt, and the court shall have power to divide such costs and expenses between the authors as to it may seem just. (3) Where, in accordance with this Act, a local authority has itself abated a nuisance, or done what is necessary to prevent .i recurrence thereof, if no owner or occupier of the premises can be found, or appears or pays the expenses thereby incurred within six months after the completion of the abatement of such nuisance, the court may order the premises upon which the work shall have been done, or any part thereof, or any movable property found thereon, to be sold by public auction, and the amount realized by such sale shall be applied in defraying such costs and expenses, and the balance (if any) paid over to the owner or occupier if he shall establish his claim thereto withip two years after the date of such sale failing which such balance shall be paid into the Consolidated Fund. Examination 74. A local authority or a health officer may, at all reasonable of premises times, enter any premises for the purpose of ascertaining the existence of any nuisance therein; and the local authority may, if necessary, open up the ground of such premises and cause the drains to be tested, or such other work to be done as may be necessary for the effectual examination of the said premises: Provided that if no nuisance is found to exist the local authority shall restore the premises at their own expense. Power to 75. The Minister may make Rules, and may confer powers make Rule~ and impose duties in connexion with the carrying out and enforcement thereof on local authorities, owners and others as to- (a) the inspection of land, dwellings, buildings, factories and trade premises, and for securing the keeping of the same clean and free from nuisance and so as not to endanger the health of the inmates or the public health; (b) the construction of buildings, the provision of proper lighting and ventilation, and the prevention of overcrowding; (c) the periodical cleansing and white-washing or other treatment of premises and the cleansing of land attached thereto and the removal of rubbish or refuse therefrom; LAWS OF MALA WI Public Health Cap. 34:01 37 (d) the drainage of land, streets or premises, the disposal of offensive liquids and the removal and disposal of rubbish, refuse, manure and waste matters; (e) the standard or standards of purity of any liquid which, after treatment in any purification works, may be discharged therefrom as effluent; (f) the keeping of animals or birds and the construction, cleanliness and drainage of places where animals or birds are kept; (g) rthe establishment and carrying on of offensive trades, factories or trade premises which are liable to cause offensive smells or effluvia, or to discharge liquid or other material liable to cause such smells or effluvia, or to pollute streams, or are otherwise liable to be a nuisance or injurjous or dangerous to health, and for prohibiting the establishmef!t or carrying on of such factories or trade premises in unsuitable localities or so as to be a nuisance or injurious or dangerous to health; (h) the subdivision and general lay-out of land intended to be used as building sites, the level, cons~ruction, number, direction, and the width of streets and thoroughfares, the limitation of the number of dwellings or otlwr buildings to be erected on such land, the proportion of any bµilding site which may be built upon and the establishment of zones within which different limitations shall apply and zones within which may be prohibited the establishment or conduct of occupations or trades likely to cause nuisance or annoyance to persons residing in the neighbourhood; (i) the inspection of the district of any local authority by that local authority with a view to ascertain whether the lands and buildings thereon are in a state to be injurious or dangerous to health and the preparation, keeping, and publica- tion of such records as may be required; (j) the control of houses let in lodgings, the fixing of the maximum number of lodgers, the minimum floor space allotted to each lodger, the adequate ventiln tion and lighting and periodical cleansing and lime washing.at stated intervals of the premises, the provision of adequate! snnitary appliances and other requirements having for their <;>bject the protection of the health of the lodgers or surrounding'inhabitants; (k) <the sanitary control of markets and market buildings.

76 — (1) T~e power,un?er sectio~ 75 to make Rules relating to Rules as to

76.-(1) T~e power,un?er sectio~ 75 to make Rules relating to Rules as to the construction of ~t.nJ,d111gs shall mclude the power to regulate buildings all or any of the following matters- (a) as regards building- L.R.O. / //968 LAWS OF MALAWI 38 Cap. 34:01 Public Health (i) the materials to be used in the construction of buildings; (ii) the space about buildings and the dimensions of rooms intended for human habitation; (iia) the height of buildings; the height of chimneys, not being separate buildings, above the roof of ,the building of which they form part; (b) as regards works and fittings- (i) sanitary conveniences in connexion with buildings, the drainage of buildings, including the means for conveying soil, waste, storm and subsoil water from buildings and their cur.tilages and cesspools and other means for the reception or disposal of foul matter in connexion with buildings; (ii) refuse pits in connexion with buildings; (iii) wells, tanks and cisterns for the supply of water for humari consumption in connexion with buildings; (iv) stoves and other fittings in buildings (not being electric stoves or fittings), in so far as rules with respect to such matters are required for the purpose of health and the prevention of fire; (v) private and public sewers and communications be- tween drains and sewers and between sewers. (2) Any Rules to which this section relates may include provisions as to- (a) the giving of notices and the deposit of plans, sections, specifications and written particulars; (b) ,the inspection of work, the protection and testing of drains and private sewers, and the taking by the local authority of samples of materials to be used in the construction of buildings, or in the execution of other works; (c) the protection of public sewers; and (d) the examination and licensing of plumbers and drain layers. Power to 77.-(1) If any work to which any Rules referred, to in section require 76 are applicable contravenes any of those Rules, the local removal or alteration of authority, without prejudice to its right to take proceedings for a work not in fine in respect of the contravention, may by notice require the conformity with Rules owner either to pull down or remove the work or, if he so elepts, to effect such alterations therein as may be necessary to make it comply with the Rules. (2) If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the LAWS OF MALA WI Public Health Cap. :l:01 39 notice before the expiration of twenty-eight days, or such longer period as the authority may allow, the authority may pull down or remove the work in question, or effect such ~Iterations therein as it deems necessary, and may recover from pim the expenses reasonably incurred by it in so doing. · (3) No such notice as is mentioned in subsection (I) shall be given after the expiration of twelve months from the date of the completion of the work in question, and, in any' case where plans were deposited, it shall not be open to the authority to give such a notice on the ground that the work contravenes any building rule, if either the plans were passed by the authority, or notice of their rejection was not given within the prescribed period from the deposit thereof, and if the work has been executed in accordance with the plans and of any requirement made by the authority as a condition of passing the plans. PART X CONSERVANCY, SEWERAGE AND DRAINAGE

78 — (l) In this Part unless the context otherwise requires the Intcrprcta

78.-(l) In this Part unless the context otherwise requires the Intcrprcta- following terms shall have the following meanings- ~~:~ ~ "cesspool" means a tank or receptacle for the reception of sewage and foul matter for which no automatic outlet is provided; "earth-closet" means a closet for the reception of faecal matter into a movable receptacle in which it is deodorized by the use of earth, ashes, chemicals or by some other method; "lateral drain" means that portion of a system of drains or private sewers, which- (a) in the case of a sewer for soil anq waste water, lies between the intercepting chamber and · the public sewer (including the intercepting trap and sewer connexion); or (b) in the case of a sewer for storm water, lies between the last inspection chamber and the public sewer, or, if there be no inspection chamber, between the curtilage of the premises and the public sewer; ",prejudicial to health" means injurious or likely to cause injury to health; "private sewer" means a sewer which is not ajyublic sewer; "privy" means a closet for the reception of 11faecal matter into a non-movable receptacle and includes/! a pit latrine or a bored-hole latrine; "public sewer" means any sewer vested in· or constructed by or on behalf of or under the control of a local authority; L.R.O. l / 1968 LAWS OF MALA WI 40 Cap. 34:01 Public Health "septic tank" means a tank or receptacle for the reception of sewage or foul matter for the efiluent from which an automatic outlet is provided; "sewer" does not include a drain as defined in section 3 but, save as aforesaid, includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings and their curtilages; "soil water" means any discharge from water-closets or urinals and all water containing excremental liquid or substance: "storm water" includes surface or rain water; "waste water" means liquid waste of a non-excremental nature but does not include storm water; "water-closet" means latrine accommodation used, adapted or intended to be used in connexion with a water carriage system and comprising provision for the flushing of the receptacle by means of water; "workplace" does not include a factory or workshop but save as aforesaid includes any place in which persons are employed otherwise than in domestic service. (2) Any reference in this Part to a drain or sewer shall be construed as including a reference to any manholes, ventil~ting shafts, pumps or other accessories belonging to that drain or sewer. (3) For the purpose of this Part, a building or proposed building shall not be deemed to have a public sewer available unless- (a) there is or there is in course of construction within one hundred feet of the curtilages of the building or prqposed building, and at a level which makes it reasonably practicable to construct a drain to communicate therewith, a public sewer or other sewer which the owner of the building or proposed building is, or will be, entitled to use; and (b) the intervening land is land through whi.ch he is entitled to construct a drain, and shall not be deemed to have a sufficient water supply available unless it has a sufficient supply of water laid on or unless such a supply can be l~id on to it from a point within one hundred feet of the curtih1ge of the building or proposed building. and the intervening lqnd is land ,through which the owner of tlw building or prqposed building is, or will be, entitled to lay a communication pi_w: Provided that, for the purposes of this definition, the lirnit of one hundred feet shall not apply, if the local authority µnder- takes ,to bear so much of the expenses reasonably incurred in constructing a drain to communicate with a public sewer, '.or, as the case may be, in laying a pipe for ·the purpose of obtaining a LAWS OF MALA WI Public Health Cap.34:01 41 supply of water, as may be attributable to the fact that the distance of the public sewer, or of the point from which a supply of water can be laid on, exceeds one hundred feet as aforesaid. Public Sewers

79 — (1) A local authority may within it~ district and also, Provision of

79.-(1) A local authority may within it~ district and also, Provision of subject to the prior approval of the Minister without its district- public sewers and (a) construct and maintain a public sewer- sewerage disposal (i) in, under or over any street, or under any cellar or work vault below any street; and (ii) in, or over any land not forming pijrt of a street, after giving reasonable notice to every owner and occupier of that land; (b) construct sewage disposal works on ~ny customary land or public land or land acquired, or lawfully appropriated for .the purpose. (2) In the exercise of its powers under sub~f:Ction 1 (a) (ii), the local· authority shall not be liable to pay any <mmpensation to an owner or occupier of any private lands but s]1all make good, or, at its option, shall pay for any damage done or occasioned by reason of the exercise of the said powers.

80 — (1) Every local authority shall kee_p deposited at its Duty of

80.-(1) Every local authority shall kee_p deposited at its Duty of offices, for inspection by any person at all re(\~onable hours, free local authority to of charge, a map showing and distinguishing all public sewers keep map existing or in course of construction within its district or under its showing control. public sewers (2) Where some of the public sewers are re~erved for soil and waste water only or for storm water only, the map referred to in this section shall show also the purposes wh'ich each sewer is intended to serve.

81 — A local authority may alter the size Qr course of any Power of

81. A local authority may alter the size Qr course of any Power of public sewer vested in it, or may discontinue and prohibit the use local authority to of any such public se,ver, either entirely, or'for 1the purpose of alter or close soil and waste water drainage, or for the pur~pse of storm water public drainage, but, before any person who is lawf µUy using the public sewers sewer for any ,purpose is deprived by the authority of the use of the sewer for that pµrposc, the authority sh~U provide a public sewer equally effective for his use for that purppse and shall at its expense make his drains or sewers to conXrirnnicate wi-th the sewer so provided.

82 — (1) No person shall throw, empty or turn, or suffer or Certain

82.-(1) No person shall throw, empty or turn, or suffer or Certain permit to be thrown or emptied or to pass, in~b any public sewer, matters not to be passed oi: into any drain or private sewer communic~ting with a public into sewers sewer- or drains L.R.O. l / 1968 LAWS OF MALAWI 42 Cap. 34:01 Public Health -------------------------------- --------- (a) any matter likely to injure the sewer or drain, or te> interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or (b) any chemical refuse or waste steam, or any liquid of a temperaiture higher than one hundred and ten degrees Fahre1,- heit, being refuse or steam, which, or a liquid which when so heated, is, either alone or in combination with the contents of the sewer or drain, dangerous or the cause of a nuisance; or prejudicial to health; or (c) any ,petroleum spirit, or carbide of calcium. (2) A person who contravenes any of the provisions of this section shall be liable to a fine of £10 and to a further fine of £5 for each day on which the offence continues after conviction therefor. Right to Connect with Public Sewers Right of 83. Subject '1:o ,this section and section 86, the owner or owi1crs and occupier of any premises, or the owner of any private sewer, occupiers within dis· within the district of a local authority shall be entitled to have hls trict of local drains or private sewer made to communicate with any available authority to drain into public sewer of tha•t authority, and thereby to discharge soil and public waste water and storm water from those premises or that private sewers sewer: Provided ithat nothing in this section shall entitle any person- (a) to discharge directly or indirectly into any public sewer- (i) any liquid from a manufacturing process or any liquid from a factory, other than domestic sewage or storm water except by agreement with the local authority; (ii) any liquid or other matter the discharge of which iI1to public sewers is prohibited under this Act or any other law; or (b) where separate public sewers are provided for soil ~nd waste water and for storm water, to discharge directly or indirectly- (i) soil or waste water into a sewer provided for storm water; or (ii) except with the approval of the authority, storm water into a sewer provided for soil and waste water; or (c) to have his drains or private sewer made to communicate directly with a storm water overflow; or (d) to have his drains or private sewer made to communi- cate with a public sewer provided for soil and waste water LAWS OF MALA WI Public Health Cap. 34:01 43 unless and until he satisfies the autho(ity that the premises to be drained have a sufficient water supply available; or (e) to have his drains or private sewer made to communi- cate with any public sewer if such sewer is situated in excess of one hundred feet of the curtilage of the premises.

84 — Subject as hereinafter provided, the owner or occupier of Use of

84. Subject as hereinafter provided, the owner or occupier of Use of any premises and the owner of any p~lvate sewer wi1thout the sewers public by district of a local authority shall have th'¢ like rights with respect owners and tu drainage into the available public sewers of the authority as he occupiers would have had under section 82 if his premises or private sewer without the district of were situate within its district and that section shall apply local accordingly: authority Provided that, without prejudice to tlw prohibition contained in section 83 against the discharge of ~ertain liquids or other matters into public sewers or into some pµblic sewers or the right of a local authority under section 86 to refuse ,to permit a communication to be made on any of 'the grounds set out in subsection (1) of that section and to require the drain or private sewer to be laid open for inspection, tl1i authority may, in the case of a drain or private sewer from prem,ises outside its district, refuse to permit a communication to be )nade except upon such reasonable terms and conditions as may ·be prescribed or as the Minister may approve. Such terms and coi1ditions may include- (a) compliance with any reasonable requirements of the authority that the premises to be drained shall be sanitary or in a proper state of repair; and (b) such reasonable payment or periodical payment as sub- ject to any special or general directions of the Minister, the authority may see fit to impose.

85 — For the purpose of making or ma~ntaining a communica- Sewer con

85. For the purpose of making or ma~ntaining a communica- Sewer con- tion with a public sewer it shall be lawful for a local authority to nexions in streets and construct or repair a lateral drain or, with the prior consent of through the local authority and in such manner asit may approve, for the private land o,vner of any building to construct or i~pair a drain or private sewer, as the case may be. in, on or oypr any land, but where such land does not form part of a street, f'uch authority or owner shall give to every owner or occupier 9( such land reasonable notice and shall be liable to make good pr, at the option of the authority or the owner undertaking thdworks, to pay for any damage done or occasioned by reason ofithc exercist of the said power: Provided that the works intended to bq carried out in exercise of the powers herein conferred shall not thterfere unduly with the amenities or future development of the labd or any adjacent land and, in case of dispute, a person aggrieved may appeal in the manner set out in section 132 (e) and (f). L.R.O. I 11968 LAWS OF MALAWI 44 Cap. 34:01 Public Health Procedure in 86.-(1) A person who wishes or who is required to have his regard to making drains or private sewers made to communicate with a public communica- sewer shall give to the local authority notice of his proposals in tion with writing in such manner as may be prescribed and at any time public sewers within twenty-one days of the receipt thereof the authority may by notice to him refuse to make the communication if it appears to the authority that .the mode of construction of the drain or privaite sewer is not in conformity with the rules in force governing the same or that the condition of the drain or private sewer or .the matter carried or to be carried thereby is such that the making of the communication would be prejudicial to the sewerage system of the authority and for the purpose of examining the mode of construction and condition of the drain or private sewer the authority may, if necessary, require it to be laid open for inspection. (2) If no such notice as aforesaid is served on such person, the authority sha<ll, with all lfeasonable despatch, cause the communi- cation to be made by means of a lateral drain to the public sewer in such manner as may be prescribed or as the authority may decide, but it shall not be obligatory on the authority to make the communication until the estimated cost of the work has been paid .to i1t or security for payment has been given to its satisfaction. (3) If any payment so made to the authority exceeds the expenses rnaisonably incurred by it in the execution of the work, the excess shall be repaid by it and, if and so far as those expenses are not covered by the payment made , to it, the authority may recover the expenses, or the balance thereof, from the person for whom the work was done. (4) For the purposes of this section, the making of the communication between a drain or private ·sewer and a public sewer includes all such work as involves the breaking open of a stlfeet and ,the taking of any steps ~hich the authority may consider necessary for repairing, relaying or safeguarding any pipes, drains, lines or any other works which may be or are liable to be di,sturbed or damaged by or in the course of making such communication. (5) Any Iateml draiin so constructed shall vest in the local authority (but shall not thereby become a public sewer) and th~ maintenance, repai,nmd irenewal of the same from time to time ishall be carried out by the authority at the expense of the owner of the premises served by such drain. (6) Any person (other than a person lawfully acting on behalf of a local authority) who causes a drain or sewer to communicate with a public sewer and any person who fails to comply with or acts in contravention of any of the provisions of this section, sh4H be liable it:o a fine of £20, and, whether proceedings have or have LAWS OF MALA WI Public Health Cap. 34:01 45 not been taken in respect of that offence, the Jocal authority may close any communication made in contravention of any of such provisions, and recover from the offender any expenses reason- ably incurred by it in so doing. Drainage and Latrines or New Buildings

87 — (1) Where plans of a building or of an extension of a New build

87.-(1) Where plans of a building or of an extension of a New build- ings to be building are, in accordance with any buildJpg rules, deposiited provided with a local authority, the authority shall refoct the plans unless with any either the plans show that satisfactory provisfon will be made for necessary the drainage of the building or of the extension, as the case may drains, etc. be, or the authority is satisfied that in the ccise of 1he ,particular building or extension it may properly dispense with any provision for drainage. In this section the expression "drainage'' includes the con- veyance, by means of a drain, of soil and waste water and the conveyance of storm water and subsoil water from the building and ,its curtilage. (2) A proposed drain shall not be deemed to be a satisfactory drain for the purposes of this section unless it is proposed to be made, as the authority may require, to connect with an available public sewer, or, if there be no such sewer, to discharge into a cesspool, septic tank or other plac'1 which the local authority may approve.

88 — Where plans of a building or of an extension of a building Latrine

88. Where plans of a building or of an extension of a building Latrine accommoda- are, in accordance with any building rules, deposited with a local tion to be authority, the authority shall reject the plans unless either ,the provided for plans and the prescribed particulars deposffed therewith show new buildings that the prescribed or sufficient and satisfactory latrine accom- modation will be provided, or the authority is satisfied that in the case of a particular building or extensio11 it may properly dispense with the provision of latrine accommodation: Provided that- (a) unless a sufficient water supply apµ public sewer are available, the authority shall not reject th~ plans on the ground only that the proposed accommodation c¢psists of or includes an earth-closet or earth-closets or a privt or privies of a type approved by the authority; and (b) if the plans and the deposited particµlars show that the proposed building or extension is likely t~lJp used as a factory, workshop, workplace, club, place of entertainment or other place in which persons of both sexes will hi! employed, or will be in attendance, the authority shall rej~t the plans, unless either the authority is satisfied that suffiqi~pt and satisfactory separate latrine accommodation for persp*$ of each sex will be L.R.O. 1 / 1968 LAWS OF MALA WI 46 Cap. 34:01 Public Health provided, or that in the circumstances of the particular case it may properly dispense with the provision of such separate accommodation. Drainage and Latrines of Existing Buildings Provisions as to drainage, 89.-(1) If it appears to a local authority that in the case of etc., of any building- existing buildings (a) satisfactory provision has not been, and ought to be, made for drainage; or (b) any cesspool, septic tank, private sewer, drain, soil-pipe, rain-water-<pipe, spout, sink or other necessary appliance pro- vided for the building is defective or insufficient; or (c) any cesspool, septic tank or other such work or appliance as aforesaid provided for the building is in such a condition as to be i}rejudicial to health or a nuisance; or (d) any cesspool, septic tank, private sewer or draill formerly used for the drainage of the building, but no longer used therefor, is prejudicial to health or a nuisance, it shall by notice require the owner of the building to make satisfactory provision for the drainage of the building, or, as the case may be, require either the owner or the occupier of the building to do such work as may be necessary for renewing, repairing, or cleansing the existing cesspool, septic tank, sewer, drain pipe, spout, sink or other appliances, or for filling up, removing or otherwise rendering innocuous the disused cesspool, septic tank, sewer or drain. (2) Except in cases where the local authority is satisfied that in the case of any particular building it may properly dispense with any provision for drainage, for the purposes of subsection (1), "satisfactory provision for drainage" means that the drainage system and appliances of the building comply with the rules for the time heing in force relating to the same and that the drainage systems of ,the premises connect with available public sewers, or, if there be no such sewers, discharge into cesspools or other places which the authority may approve. Replace- 90. If any existing building in the district of a local authority ment of has a sufficient water supply and a public sewer is available, the: carth- closcts, etc., authority may, subject to section 78 (3), by notice to the owner of bywatcr- the building require that any latrines, other than water-dosets, closets provided for, or in connexion with, the building shall be replaceq by water-closets and that the owner shall make an application wifoin a specified time to have his drain made to communicat~ with a public sewer under section 86, notwithstanding that th~ latrines are not insufficient in number and are not prejudicial to health or a nuisance. LAWS OF MALA WI Public Health Cap. 34:01 47

91 — If it appears to a local authority, having due regard to the Building

91. If it appears to a local authority, having due regard to the Building purposes for which any building or land is used. that- or land having in- (a) such building or land is without sufficient latrine accom- sullicient latrines or modation; or latrines so defective as (b) latrines provided for or in connexion with such building to require or land are in such a state as to be prejudicial to health or a reconstruc- nuisance and cannot without reconstruction he put into a tion 30 of 1969 satisfactory condition, the authority shall, by notice to the owner of the building or land, require him to provide the building or land with ~µch latrines or additional latrines, or such substituted latrines. as the authority may approve and may consider necessary: Provided that, unless a sufficient water supply and public sewer are available, the authority shall not require the provision of a water-closet except in substitution for an existing water-closet.

92 — (1) If it appears to a local authority that any latrines Buildings

92.-(1) If it appears to a local authority that any latrines Buildings provided for or in connexion with a building are in such a state having de- fective as to be prejudicial to health or a nuisance, buVthat they can latrines without reconstruction be put into a' satisfactory condition, the capable of authority shall by notice require the owner or the 1occupier of the repair building to execute such works, or to take such steps by cleansing the latrines or otherwise, as may be necessary for that purpose. (2) In so far as such a notice requires a person to take any steps other than the execution of works, he shall, if he fails to comply with the notico, be liable to a fine of £5 a11d to a further fine of £2 for each day on which the offence continues after conviction therefor: Provided that in any proceedings under this sul:isection it shall be open to the defendant to question the reason~bleness of the authority's requirements, or of its decision to address the notice to bim and not to the occupier or, as the case may be, the owner of the building. Drainage of Buildings in Co111binq/io11

93 — (1) Where a local authority might unde{ this Part require Drainage of

93.-(1) Where a local authority might unde{ this Part require Drainage of each of two or more buildings to be drained i eparately into an buildings in existing public sewer, but it appears to the aJ,hority that those combination buildings may be drained more economically l<:>r 4dvantageously in combination, the authority may. when Hie· drains of the buildings are first laid, require that the buildJbg, be drained in combination into the existing public sewer hy .111enns of a private sewer to be constructed either by the owners. qf JJ}e buildings in such manner as the authority may direct, or,: if the authority so elects, by the authority on behalf of the ownch¾: L.R.O. 1 / l.'170 LAWS OF l\:IALAWI 48 Cap. 34:01 Public Health Provided that an authority shall not, except by agreement with the owners concerned, exercise the powers conferred by this subsection in respect of any building for the drainage of which plans have been previously passed by it. · (2) An authority who makes such a requirement as aforesaid shall fix the proportions in which the expenses of constructjng, and of maintaining and repairing, the private sewer are to be borne by the owners concerned, or, in a case in which · the distance of the existing public sewer from the curtilage of any of the buildings in question is or exceeds one hundred feet, Jhe proportions in which those expenses are to be borne by the owners concerned and the local authority, and shall forthwith give notice of the decision to each owner affected. (3) An owner aggrieved by a decision of an authority may appeal to the High Court in such manner as may be prescribed by Rules made by the High Court. Subject to any such appeal, any expenses reasonably incurred in constructing, or in maint<!in- ing or repairing, the private sewer shall be borne i,i. the propor- tions · so fixed, and those expenses, or, as the case may · be, contributions thereto, may be recovered accordingly by the person, whether the authority or owners, by whom they were incurred in the first instance. (4) A sewer constructed by a local authority under this section shall not be deemed to be a public i;ewer by reason of the fact that the expenses of its construction are in the first instapce defrayed by the authority, or by reason of the fact that some part of those expenses is borne by it. Payment of 94.-(1) In any case where it shall appear to a local authority advances for that the owner or occupier of any premises is unable to mak~ a defraying drainage present payment of the amount of the expenses necessary to be expenses incurred for the drainage and sewerage of such premises and the communication thereof with an available public sewer, the local authority may, subject to any general or special directions of Hie Minister in that behalf, make an agreement in the prescribed form with such owner or occupier for the advance of a sum of money for such necessary expenses at such interest as may be. prescribed and for its repayment in such and so many instalments as the authority may determine. (2) Any sum of money so advanced shall be a charge on the premises and all estates and interests therein in respect of which the advance is made and section I 35 shall apply, mutatfs mutandis, as if the sum advanced were expenses incurred by a local authority under this Act. Rules 95. The Minister may make Rules for the purpose of prA• scribing any matters required to be prescribed including tlfo LAWS OF MALAWI Public Ilea/th Cap. 34:01 49 method of construction of any cesspool, eanh-closet, privy, septic tank or sewer, or any other structure mentioned in this Part, and generally for carrying out the purposes of this Part. PART XI THE PREVENTION AND DESTRUCTION OF MOSQUITOES

96 — For the purpose of this Act- Breeding

96. For the purpose of this Act- Breeding places of (a) any collection of water, sewage, rubbish, refuse, ordure, mosquitoes or other fluid or solid substance, which permits or facilitates to be nuisances the breeding or multiplication of animal or vegetable parasites of human beings or domestic animals, or pf insects or of other agents which are known to carry such parasites or which may otherwise cause or facilitate tqe infection of human beings or domestic animals by such parasites; (b) any collection of water in any well, ,pool, gutter, channel, depression, excavation, barrel, tub, blifket, or any other article, found to contain any of the immature stages of the mosquito; (c) any cessppol, latrine, urinal, dung pit or refuse pit found to contain any of the immature stages of the mosquito, shall be nuisances liable to be dealt with in the manner herein- before provided for the treatment of nuisances.

97 — The occupier or owner of any premises shall keep such Yards to be

97. The occupier or owner of any premises shall keep such Yards to be premises free from all bottles, whole or broken, whether fixed on kept free from bottles walls or not, tins, boxes, calabashes, earthenware vessels, shells, whole or or any other articles, and trees, standing or fallen, and tree broken, etc. stumps, in such a state or position as to be likely to retain water. Any occupier or owner of any premises failing to comply with this section shall be guilty of an offence and liable to a fine of £5.

98 — No person shall permit any premises or lands owned or Clearance of

98. No person shall permit any premises or lands owned or Clearance of occupied by him or over which he has cqptrol to become so bush or long grass overgrown with bush or long grass as, in the !)pinion of a medical officer of health, to be likely to harbour mos,cntitoes.

99 — It shall not be lawful for any persoi11 to keep, or for the Wells,

99. It shall not be lawful for any persoi11 to keep, or for the Wells, to be etc., occupier or owner of any premises to allow to be kept thereon, covered any collection of water in any well, barrel! tub, bucket, tank or other vessel intended for the storage of wa.t~r. unless such well, barrel, tub, bucket. tank or other vessel is fiHed with a sufficient cover, the said cover to be kept in goodt r¢pair and properly protected or screened to the satisfaction of.a medical officer of health so as to prevent the ingress of mos<:H1itoes into the same. Any person offending against this section sbhll be liable to a fine L.R.O. I/ /968 LAWS OF MALAWI 50 Cap. 34:01 Public Health of £5, and, after notice received from a local authority or a medical officer of health, to a further fine of £ l for each day during which he shall make default in complying with such notice: Provided that this section shall not apply to the keeping of water ~n a swimming pool the use of which has been authorized in writing by a local authority or medical officer of health. Cesspits to 100. The occupier or owner of any premises upon or attached be screened or protected to which is any cesspool or septic tank shall cause such cesspool to be properly protected or screened to the satisfaction of a medical officer of health so as to prevent the ingress of mosqui- toes. Any persons offending against this section shall be guilty of an offence and liable to a fine of £5, and to a further fine of £ l for each day during which he shall continue to make default after notice received from the local authority to comply with this section. Larvae, etc., 101.-(1) Where any of the immature stages of the mosquito maybe destroyed are found on any premises it shall be lawful for the local authority or a health officer to take immediate steps to destroy any such immature stages of the mosquito. (2) It shall be lawful for the local authority or a health officer to take such action as is necessary to render any pools or collections of water unfit to become breeding places for mosquitoes. Mere 102. Notwithstanding any provision of this Act, the occupier presence of or owner of any house or premises or the owner or person having mosquito larvae an the charge of any vessel, timber, cask, or other articles in or offence about which there is any collection of water found by a health officer, or any person authorized by him, to contain any of the immature stages of the mosquito, shall be liable in respect of each and every such collection of water to a fine of £5. PART XII PROTECTION OF FOODSTUFFS Construction 103.-(1) All warehouses or buildings of whatever nature in a nd rcgula- 1regufar use for the storage of foodstuff; for trade purposes shall tion of ~ ~ buildings be oonst ructed of such materials and in such manner as shall 1 used for the trender such warehouses or buildings rat-proof. storage of foodstuffs (2) Where any warehouse or building intended for the storage of foodstuffs as aforesaid has fallen into a state of disrepair, or does not afford sufficient ,protection against rat invasion on account of its design or construction or by reason of the materials used being defective, a local authority may by written notice require the owner to effect such repairs and alterations as the LAWS OF MALA"71 Public Health Cap. 34:01 51 notice shall prescribe within a time to be specified in the said notice, and if such requirement is not complied with the local authority may enter upon the premises and effect such repairs and alterations, and may recover all costs and expenses incurred from the o,vner. (3) Where in the opinion of a medical officer of health any such foodstuffs within a warehouse or lmilding are insufficiently protected against rats, vermin or pollution the owner thereof shall observe all written instructions and directions of the medical officer of health within a time to be specified in the notice for the better protection of the same, and any pwner failing so to do shall be guilty of an offence: Provided that in the case of any prosecution under this sectim:i the court may in its discretion acquit the accused if it is satisfied that all reasonable steps have been tak¢n to exclude rats having regard to all the circumstances of the case.

104 — (1) No person shall reside or sleep in any kitchen or No pmc"1

104.-(1) No person shall reside or sleep in any kitchen or No pmc"1 room in which foodstuffs for sale arc prepared or stored for sale. 10 reside or sleep i!1 any (2) If it appears to a medical officer of health that any kitchen ro1l~m, 'f 1 or room IS • bemg . use d contrary to t I11s • scJ:;t10n, • or t lmt any part o f stuffs W UC l 100l - arc the premises adjoining the room in which foodstuffs are stored or stored, etc. exposed for sale is being used as a sleepipg apartment under such circumstances that the foodstuffs are likely to be contaminated or made unwholesome, he may serve upon the offender or upon the owner of the house or upon both a notice calling for such measures to be taken as shall prevent the imprpper use of such kitchen and premises within a time to be specified in the notice, and if such notice be not complied with the r.arty upon whom it was served shall be guilty of an offence. PART XIII WATER AND FOOD SUPPLIES

105 — It shall be the duty of every ]Qcal authority to take all Duty of

105. It shall be the duty of every ]Qcal authority to take all Duty of lawful, necessary and reasonably practicnble measures- loc,11 • . au lOfl 1ll'S11 (a) for preventing any pollution ,dangerous to health of as 0 1 d i, any supply of water which the public,( within its district has a ~~t~r c right to use and does use for drinkipg or domestic purposes supplies (whether such supply is derived from sources within or beyond its district); and (b) for purifying any such supply which has become so polluted, and to take measures (including if neces~ary, proceedings at law) against any person so polluting any sucli supply or polluting any stream so as to be a nuisance or dange~:j o health. L.R.O 1/197/i LAWS OF MALA \\1 52 Cap. 34:01 Public llealtlz Sale of un- 106.-(1) No person shall sell or expose for sale or bring into wholesome Mala,vi or into any market or have in his possession without food pro- hibited reasonable excuse any food for man in a tainted, adulterated, diseased or unwholesome state, or which is unfit for use, or any food for any animal which is in an unwholesome state or unfit for its use and any medical officer of health, veterinary officer, health inspector, or any administrative officer or police otncer of or above the rank of a sub:..inspector may seize any such food, and any magistrate, on the recommendation of a health officer or veterinary officer, may order it to be destroyed, or to be so disposed of as to prevent it from being used as food for man or animal as the case may be. (2) No person shall collect, prepare, manufacture, keep, trans- mit or expose for sale any foodstuffs without taking adequate measures to guard against or prevent any infection or contamina- tion thereof. Seizure of 107. Any health officer or local authority or person duly unwhole- authorized by such in writing, may, at any time between the some food hours of 6 a.m. and 6 p.m. enter any shop or premises used for the sale or preparation for sale, or for the storage of food, to inspect and examine any food found therein which he shall have reason to believe is intended to be used as food for man, and should such food appear to such officer or authority to be unfit for such use, he may seize the same, and any magistrate may order it to be disposed of as in the last foregoing section. The onus of proving that such food was not intended to be used as food for man shall be upon the person charged. Penalty 108. Any person in whose possession there shall be found any food liable to seizure under sections 106 and 107 shall be liable to a fine of K200 and to imprisonment for six months. Rules 109.-(1) The Minister may make Rules regarding all or any 43 of 1971 of the following matters- 3 of 1975 (a) the inspection of dairy stock and of animals intended for human consumption, and of dairies, stock-sheds or yards, milk vessels and slaughterhouses, and of factories, stores, shops and any other places where any article of food is manufactured or prepared or kept; (b) the taking and examination of samples of milk, dairy produce, meat or other articles of food and the removal or detention, pending examination or inquiry, of animals or articles which are suspected of being diseased or unsound or unwholesome or unfit for human consumption, and the seizure and destruction, or treatment or disposal so as not to endanger health, of any such article which is found to be unwholesome LAWS OF MALA\VI Public Health Cap. 34:01 53 or unsound or diseased or infected or contaminated, and of diseased animals sold or intended or offered or exposed for sale for human consumption; (c) the veterinary inspection of dairy stock, the sampling and bacteriological examination of milk and'gairy produce and the prevention of the sale, or the keeping, transmission, or exposure for sale of milk from a diseased or infected animal; (d) the duties of dairymen in connexion wfth the occurrence of infectious disease amongst persons residing or employed in or about their premises and the furnishing: by them of the names and addresses of their customers, and in connexion with reporting the occurrence, in animals on th(; premises or any dairy cattle, of diseases which are communicable to man and of any disease of the udder; (e) the inspection and. examination of, and the regulation, inspection and supervision of the manufaqture, preparation, storage, keeping and transmission of ani article of food i~tended.for sale or for export from Malaw1 and the prohibi- tion of the manufacture, preparation, storag~, keeping, trans- mission, sale or export from Malawi of any ,§uch article which is, or. contains, an ingredient which is disea$ed or unsound or unfit for human consumption, or which hai been exposed to any infection or contamination; (f) the prohibition of the importation into Malawi of any article of food which is not clean, wholesom~, sound and free from any disease, infection or contaminatioµ, and the seizure and disposal by destruction or otherwise of any such article so imported; (g) the· preparation, manufacture, or impprtation and the storage and sale of or trade in articles iof food which are packed in air-tight receptacles or are othe5wise preserved, and the marking of any such article· or recept;:i.cl~ with the date of manufacture or preparation, or with other ~nformation; (lz) the- prohibition of the importation, 1sale, possession or use of ve~sels which are i~tended to contafh milk or any liquid or semi-solid article of food and which are:rµsty or defectively soldered or are made of material containing jn _any part likely to ·come. in· coniact ·with the contents-, lead ijqi :other poisonous or injurious substance in such proportiohJits ·10 be likely to L.R.O. J/1976 LAWS OF MALA\\11 54 Cap. 34:01 Public Health cause injury or danger to health, and fixing the maximHm proportions of such substances which may be used in such vessels; (i) the licensing, regulation and inspection of hotels, restaurants, cafes, and eating-houses; (.j) the licensing, regulation and inspection of the preparation and sale of foods by hawkers; (k) the licensing, regulation and inspection of aerated water factories and ice manufacture; (/) the licensing, regulation and inspection of the premises of fishmongers (m) the licensing, regulation and inspection of the premises of butchers and retailers of meat; (n) the licensing, regulation and inspection of bakehouses and bakeries; (o) the fixing of fees and the prescribing of forms in regard to any matters prescribed. (2) Before making Rules relating to dairies, dairy stock, dairymen, milk and milk products, the Minister shall act on the advice of the Minister responsible for agriculture and natural resources. Fixing of 110.-(1) The Minister may specify by order stand1rds. of standards quality, composition and condition, and minimum standards, in for food- stuffs or respect of any foodstuffs, goods or other articles. other articles (2) Any person who imports, manufactures, sells or barters any foodstuffs, goods or other articles which do not comply with any standard specified in respect thereof by an order made under subsection (1) shall be guilty of an offence. Medical 111. A medical officer of health, if he reasonably considers officer of such action necessary for the protection of the public health, health's powers to may- make orders for (a) prohibit the employment by any dairyman or other protection of person in connexion with the collection, preparation, storage, public health distribution or sale of milk or dairy produce or any article of food of any person who has been proved to be a carrier of W.e infection of typhoid or enteric fever or other infectious diseas'e, while so infected; LAWS OF MALA WI Public /Jea/tlz Cap. 34:01 55 (b) make orders requiring the closing of any stock-shed or yard or dairy, or the exclusion from any stock-shed or dairy premises of any animal the milk from 'which is believed to have conveyed or to be liable to convey any infectious disease.

112 — The Minister, may make orders- Power to

112. The Minister, may make orders- Power to make orders (a) rprohibiting the sale or exposure for sale of milk by any dairyman who has been three times convicted of offences under this Part or any Rules made thereunder; · (b) requiring the medical examination of any persons in any premises in which any milk or dairy produce or other article of food intended for sale is collected, kept/sold or exposed for sale, or of any person who is or has lJ~en engaged in the collection, preparation, keeping, conveyance or distribution of any such milk or produce or article. PART XIV CEMETERIES

113 — (1) It shall be lawful for the Minister to select and Cemeteries

113.-(1) It shall be lawful for the Minister to select and Cemeteries and crema- appoint and to notify in the Gazette sufficient and proper places toria to be to be the sites of, and to be used as, cemeteries or crematoria for appointed townships and rural areas; and it shall be opligatory where such cemeteries or crematoria exist to bury or cremate the dead in such cemeteries or crematoria in conformity with the provisions of Rules made by the local authority concerQed. Any person who shall be guilty of a breach of any such Rule shall be liable to a fine of £75. (2) No person shall export any corps~ from Malawi, or cremate any corpse within Malawi, withQut, in the case of export, the written permission of the Ministr.?r., or, in the case of cremation, of a medical officer first had and obtained.

114 — All cemeteries now hcing used as such and such other List of

114. All cemeteries now hcing used as such and such other List of cemeteries as may be authorized ~by the Mi11{ster, notice whereof authorized cemeteries shall be published in the Gazette, shall be deemed authorized cemeteries.

115 — (1) Subject to this Act it shall not be lawful to exhume Permit to

115.-(1) Subject to this Act it shall not be lawful to exhume Permit to any body or the remains of any body wl)ich may have been exhume interred in any authorized cemetery or in: 'a,ny other cemetery, burial ground or other place without a permit. L.R.O. I/ 1968 LAWS OF MALA WI 56 Cap. 34:01 Public llealth (2) (a) Such permit shall be granted only to the legal personal representative or next of kin of the person buried, or to his or their duly authorized agent. (b) Such permit may be granted by the Minister in respect of any body or the remains of any body interred in any cemetery or burial ground or any other place. (3) The Minister may prescribe such precautions as he may deem fit as the condition of the grant of such permit, and any person who shall exhume any body or the remains of any body contrary to this Act, or who shall neglect to observe the precautions prescribed as the condition of any such permit, shall be liable to a fine of £150: Provided always that nothing herein contained shall be deemed to affect the right of a coroner to order the exhumation of a body or the remains of any body for the purpose of holding an inquiry into the cause of death of any person. Exhumation 116.-(1) It shall be lawful for the Minister whenever he shall needed for deem it expedient for the execution of any public work or any execution of public public purpose, to order removal of any body or the remains of works any body from any grave whether in an authorized cemetery or elsewhere, and by order under his hand to direct such removal to be made in such manner as he shall think fit. (2) No such order shall be made in respect of any grav~ situated in an authorized cemetery until six months' notice of the intention to make it shall have been given by notification in th~ Gazette. Copies of such notice shall be posted at or near th,e grave, and copies shall be sent by post in a registered letter to the legal personal representative or next of kin of the person burie~. if his or their address can be ascertained. Such copies shall IJ~ accompanied by a translation in the language of the rnce to which such personal representative or next of kin belongs. (3) When an order is made directing a removal from any gra11e aforesaid elsewhere than in an authorized cemetery, due notice of such order shall, so far as it is possible to do so. be given to the legal personal representative or next of kin of the person buried before the work of removal is undertaken and to the local authority of the area in which the grave is situated. (4) The Minister shall cause proper and fitting arrangements to be made for the re-interment of any body or remains of any body removed under this section, and for the removal and re-erection of any monument, all charges in connexion therewith being defrayed out of the public revenue. Record of 117. There shall be kept at the office of the Registrar Gen~ral permit for of Births, Deaths and Marriages, a record of every pettnit exhumation granted and of every order made under the last two sections LA \\'S OF MAIA WI Public Healt/z Cap. 34:01 57 other than an order made by a magistrate. Such record shall contain particulars, so far as the same can be ascertained, of the race, nationality, name, sex and age of the persons buried, date of burial and of the place of original buqal and re-burial or removal. Such record shall be open during office hours to inspection by any person.

118 — It shall be lawful for the Minister to n.otify in the Gazette Closing of

118. It shall be lawful for the Minister to n.otify in the Gazette Closing of that any authorized crematorium or cemetery shall, from a time cemeteries by Minister in such notification to be specified, be closeq,; and the same shall be closed accordingly and whoever, after th<i said specified time, shall burn or bury any body or the remains of any body in the said crematorium or cemetery shall be liable to a fine of £75.

119 — In places where no crematorium is provided, it shall be Cremations

119. In places where no crematorium is provided, it shall be Cremations permissible for cremations to be carried out at such places and in places where no under such conditions as are laid down by the local authority crematorium with the concurrence of the medical officer of health. provided PART XV GENERAL

120 — It shall not be lawful without the written permission of Basements

120. It shall not be lawful without the written permission of Basements not to be the local authority on the advice of the medical officer of health occupied to live in, occupy or use or to let or sublet, Qr to suffer or permit without to be used any basement for habitation, nor tP use such basement permission as a shop, ollice. workshop, or factory or for the preparation or storage of food, and no basement shall be used unless it is well lit and ventilated and is free from damp and is 'rendered ratproof to the satisfaction of a medical officer of health.

121. The Minister may make Regulations f©r the conduct and Lodging- inspection of lodging-houses and no person shall open or keep houses open a lodging-house unless the house is registered and the keeper thereof is licensed by the local authority.

122 — ( I) No person shall open or keep open a nursing home, Nursing

122.-( I) No person shall open or keep open a nursing home, Nursing maternity home, mental home, convalescentq-10me, private hospi- homes tal, infirmary or any institution where invali~s. mental patients or convalescents are treated or received uporfr payment of fees or charges unless the premises thereof arc arproved by the Secre- tary for Health and a permit has been ::pbtained from him. Permits granted shall be in accordance witlt any conditions laid down by the Secretary for Health and shalrl:>e liable to cancella- tion by him on violation or non-fulfiln{cnt of any of the conditions laid down. (2) The Secretary for Health may authot,ze a medical practi- tioner on his behalf to visit any such premises as in this section L.R.O. I/ 1968 LAWS OF MALA WI 58 Cap. 34:01 Public Health mentioned and to report to the Secretary for Health upon any matter or thing connected with the premises or the use thereof. (3) Any person who knowingly obstructs an authorized medical practitioner in any such inspection as is authorized by the Secretary for Health shall be guilty of an offence. Maternity 123. The Minister may make Rules for the proper control and and child welfare administration of clinics or institutions open or kept open by any person for the welfare and care of children or the care of expectant or nursing mothers. Regulation 124. Any local authority may by public notice prohibit the of public washermen washing of clothes by washermen in the exercise of their calling except at public wash-houses or at such other places as may be appointed for the purpose. Control of 125.-0) Where it is shown to the satisfaction of the Minister, irrigated land that the growing of any crop or the irrigation of any land in any area is unhealthy or insanitary, the Minister may, by notice published in the Gazette, prohibit the growing of any crop or the irrigation of any land within such area, and may cause any permit or authorization issued for the diversion, abstraction or use of water for such put1pose to be cancelled upon such terms as may appear to him equitable. (2) The Minister may make Rules for ensuring that the he&lth of the inhabitants of a district may be safeguarded in respect of- (a) the prevention of pools of standing water; (h) the drainage and control of such pools when they exist; (c) the inspection, repair and cleansing of open channels, canals and drains. Supervision 126.-(1) The Minister may provide for the inspection, of importa- tion or sampling and examination, by officers of the Ministry of Health, manufacture of vaccines, vaccine lymphs, sera, and similar substances; im- of vaccines, ported into or manufactured in Malawi and intended to be used etc. for the prevention or treatment of human diseases, and may prohibit the importation, manufacture, or use of any sus;h substance which is considered to be unsafe or to be liable to be harmful or deleterious. (2) The Minister may make such Rules as he may consider necessary for ·properly carrying out this section. LAWS OF MALA WI Public Health Cap. 34:01 PART XVI MISCELLANEOUS PROVISIONS

127 — (1) Any notice, order, consent, dem~nd, complaint or Authentica

127.-(1) Any notice, order, consent, dem~nd, complaint or Authentica- tion of other document which is required or authorized by or under this notices, etc. Act may be signed or authenticated in the case of a local authority by- (a) the secretary or executive officer; (b) the surveyor, engineer, health officer Of financial officer of or acting on behalf of the authority as respects documents relating to matters within their respective provinces; (c) any other officer authorized by the authority in writing to sign documents of the particular kind or the particular document as the case may be. (2) The Minister may by Rule prescribe the form of any notices, orders, consents, demands or other documents to be used for any of the purposes of this Act and if forms are so prescribed those foDms or forms to a like effect may be used in all cases to which those forms are applicable.

128 — Any notice, court summons, order or other document Service of

128. Any notice, court summons, order or other document Service of required or authorized to be served or issued ut)per this Act may notices, etc. be served by delivering the same at t,he residence of the person to whom it is addressed, or, where it is addressed, to the owner or occupier of premises, by delivering the same·. or a true copy thereof, to some person on the premises, or, if tjlere is no person on the premises who can be served, by fixing tpe same on some conspicuous part of the premises; it may also be served by post in a registered letter, and if so served shall prima .facie be deemed to have been served .at the time when the lett~r containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to proye that the notice, court summons. order or other document was properly addressed and put in the post.

129 — Any duties imposed or powers conferr~d by ·this Act on Powers and

129. Any duties imposed or powers conferr~d by ·this Act on Powers and medical officers of health or health officers may be carried out or duties of the officers of exercised by the Secretary for Health or any! person designated the Ministry by him for that purpose. of Health

130 — No defect in the form of any notice or order made under Defect in

130. No defect in the form of any notice or order made under Defect in this Act shall invalidate or render unlawful: the administrative form not to invalidate action taken or be a ground for exception to. &PY legal proceed- notices, etc. ings which may be taken in the matter to w}1igp such notice or order relates, provided the requirements thereof are substantially and intelligibly set forth. L.R.O. l / 1968 LAWS OF MALA WI 60 Cap. 34:01 Puhlic l/ca/tl, Powers of 131.-(1) Any health inspector, medical officer of healtll, entry and in- spection of administrative officer, or police officer of the rank of sup.- premises and inspector or above, or any person generally or specially penalties for authorized in writing by the Secretary for Health, may, at any obstruction reasonable hour for the proper performance of the duty, ent¢r any land or premises to make any inspection or to perform any work or to do anything which is required or authorized by this Act, if such inspection, work or thing is necessary for or incidental to the performance of his duties or the exercise of his powers. (2) Any person who fails to give or refuses access to a11y officer, ·inspector, or person mentioned in or authorized under subsection (I), if he requests entrance on any land or premises; _pr obstructs or hinders him in the execution of his duties under this Act; or who fails or refuses to give information that he may lawfully be required to give to such olficer, inspector or persqn; or who gives to such officer, inspector or person false or misleading information knowing it to be false or misleading; qr who prevents the owner or any of his servants or workmen from entering any land or dwelling or premises for the purpose pf complying with any requirement under this Act, shall be guilty of an offence. Provisions as 132. The following provisions of this section shalt subject to to appeals any express modifications specified in the section under which the• against and the enforce- notice is given, apply with respect to appeals against, and the ment of enforcement of, notices requiring the execution of works under notices re- quiring this Act- execution of works (a) Any such notice shall indicate the nature of the works te> be executed, and state the time within which they are to be executed. (b) Any person served with such a notice as aforesaid may appeal in the manner hereinafter provided on any of the following grounds which are appropriate in the circumstances of the particular case- (i) that the hotice or requirement is not justified by tl1e terms of the law under which it purports to have been given or made; (ii) that there has been some defect or error in, or in connexion with, the notice; (iii) that the works required by the notice to be executed are unreasonable in character or extent; (iv) that the time within which the works are to be executed is not reasonably sufficient for the purpose; (v) that the notice might lawfully have been served on tl1e occupier of the premises in question instead of on the ownet~ or on the owner instead of on the occupier, and that it wouta have been equitable for it to have been so served. LAWS OF MALA WI Public Ilea/th Cap. 34:01 61 (c) If and in so far as an appeal under this section is based on the ground of some informality, defect or error in or in connexion with the notice, the appeal shall be dismissed, if it is shown that the informality, defect or error was not a material one. (d) Where the grounds upon which an appeal under this section is brought include a ground specified 'in paragraph (b) (v), the appellant shall serve a copy of his notice of appeal on each other person referred to, and in the case of any appeal under this section may serve a copy of his notice of appeal on any other person having an estate or interest ln the premises in question, and on the hearing of the appeal -·~n order may be made with respect to the person by whom any work is to be executed or as to the proportions in which any expenses which may become recoverable by the authority are to be borne by the appellant and such other person. In the exercise of the powers conferred by this subsection, regard shall be had as between an owner an(:i an occupier, to the terms and conditions, whether contracturi'l or statutory, of ~he tenancy and to the nature of the works required. (e) Subject to this Act, any appeal in p.:prsuance of this section shall be preferred, in the case of notices requiring the execution of works issued by a local authority, to the court of a magistrate of the first or second class exer'9ising jurisdiction in the place where the premises are situateq in pursuance of any Rules made in that behalf by the High Court. (fl The time within which any such appeal may be brought shall be two months from the date on which notice requiring the works was served upon the person desiring to appeal.

133 — (1) Subject to a right of appeal, if the person required Execution of

133.-(1) Subject to a right of appeal, if the person required Execution of works by the notice to execute works fails to execute the works indicated within the time thereby limited, thc'.lo¢al authority may itself execute the works and recover from ·that person the expenses reasonably incurred by it in so ~oirig and, without prejudice to its right to exercise that power, )w shall be liable to a finl.! of £5, and to a further fine of £2 for each day on which the default continues after conviction therefor. (2) In proceedings by a local authority; agµinst the person served with the notice for the recovery of any expenses which the authority is entitled to recover from him, it shill not be open to him to raise any question which he couldJ have raised on an appeal against such notice. L.R.O. J / /9Ml LAWS OF MALA WI 62 Cap. 34:01 Public Health Certain 134.-(1) Where a local authority has incurred expenses for expenses recoverable the repayment of which the owner of the premises in respect of from owners which the ex,penses were incurred is liable under this Act, or by to be a agreement with the authority, those expenses, together with charge on the interest from the date of service of a demand for the expenses, premises; may be recovered by the authority from the person who is the power to accept pay- owner of the premises at the date when the works are completeci, ment by or, if he has ceased to be the owner of the premises, before the instalments date when a demand for the expenses is served, either from hiijl or from the person who is the owner at the date when the demand is -5erved, and, as from the date of the completion of works, the expenses and interest accrued due thereon shall, until tl* recovered, be a charge on the premises and on all estates and interests therein. The charge hereby created shall be deemed tp extend to any expenses lawfully paid to the Deeds Registrar in connexion with the registration or withdrawal of the charge in pursuance of the other provisions of this section. (2) The charge created by subsection (1) shall be in favour of the local authority as the case may be if such authority is a body col'porate entitled to hold land and in all other cases the charge shall be in favour of the Minister and the local authority or th¢ Minister shall have all powers and remedies conferred on morf;. Cap. 58:02 gagees by the Deeds Registration Act and any other law for the time being in force. (3) The local authority shall, prior to the commencement of any work the cost of which will constitute a charge on the land on or in respect of which the same is done, serve on the Deeds Registrar a notice stating that such work is about to be com~ menced and specifying the property that will be the subject of such charge and thereupon the Registrar shall enter such notice fo the appropriate Volume and Folio of the Register Book (herein- after referred to as "the Register"). (4) On the completion of such work the said local authority shall serve on the Deeds Registrar a further notice specifying the amount in respect of which such land by virtue of subsection ( 1) stands charged and thereupon the Deeds Registrar shall protect the interest of the said local authority or of the Minister, as the case may be, on the Register in such manner as shall appear to him appropriate. (5) A notice or entry on the Register pursuant to subsection (3) or (4) shall be deemed to constitute actual notice to all persons that a charge against the land comprised in the Volume and Folio of the Register in which such notice or entry appears is pending or existent but such charge shall be void as against ~ bona fide purchaser for money or moneys worth of a legal estat~ in such land unless the notice referred to in subsection (3) has been served on the Deeds Registrar before the date of lodgment LAWS OF MALA WI Public Health Cap.34:01 63 with him of the instrument of transfer executed in pursuance of such purchase. (6) In making any entry on the Register pursuant to subsection (4) the Deeds Registrar shall accept as conclusive the statement in writing relating to such charge of any duly constituted officer of any such local authority. (7) Any person having any registered estat~ in land in respect of which any such notice or entry appears on the register or any interest protected by the entry of a caveat rriay summon such local authority, or the Attorney General !;)n behalf of the Minister as the case may be, to appear before the High Court and show cause why such notice or entry shoidd not be removed from the Register and such Court may mak() such order in the premises either ex parte or otherwise and as to costs as to it seems fit. (8) A local authority may, subject to tq<,J approval of the Minister of Finance, or some other officer whom the Minister may charge with such duty, agree that any e~penses recoverable by the authority under this section shall be p~yable with interest by instalments within such period as it thinks fit, until the whole amount is paid. Any such instalments and in.terest, or any part thereof, may be re£overed from the owner ot occupier for the time being of the premises in respect of whicli ·the expenses were incurred, and, if recovered from the occupier, may be deducted by him from the rent of the premises: Provided that an occupier shall not be reqµired to pay at any time any sum in excess of the amount which: was due from him on account of rent, or has become due from him on account of rent since the date on which he received a 'demand from the authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so derri~nded. (9) The rate of interest chargeable under subsection (1) or subsection (8) shall be such rate as the Minister may determine. (10) Every local authority shall keep at it;s offices a register of all expenses incurred and advances made urider this section, and shall show in such register the total amqunts thereof, the instalments in which the same arc payable, )he land or premises in respect of which the same have been incui.··cµ.: or made, and the balances for the time being outstanding; hd shall keep such register open at all reasonable times to t :, inspection of any person, free of charge. Such register and ariy extract therefrom, certified by any other person authorized by th~ local authority in that behalf, shall, in any proceedings for tbe recovery of such expenses, advances or interest thereon or any instalments thereof, be prima facie evidence of the matters contaih~d therein. L.R.O. I I 1968 l,AWS OF MALAWI 64 Cap. 34:01 Public Health Power to 135. Where under this Act a local authority is empowered to make a charge in execute works and to recover from any person the expenses respect of incurred by it in so doing, it may include in, and recover as part establish· of, the expenses an additional sum to cover customs duties ancl ment expenses other charges and departmental expenses on such scale or in such manner as may be prescribed or as the Minister may direct. Recovery of 136.-(1) Any sum which a local authority is entitled to expenses, etc. recover under this •Act and with respect to the recovery of which no other provision is made, may be recovered as a simple contract debt in any court of competent jurisdiction. (2) The time within which summary proceedings may be taken for the recovery of any such sums shall, except where otherwise expressly provided, be reckoned from the date of the service of a . demand therefor. Protection 137. No matter or thing done and no contract entered into by of local authorities any local authority, and no matter or thing done by any member and their of any such authority or by any officer of or acting on behalf of officers from such authority or other person whomsoever acting under thl;l personal liability direction of such authority, shall. if tlie matter or thing were done or the contract entered into bona fide for the purpose of executing this Act, subject any member, officer or person a~ aforesaid personally, to any action, liability. claim or demand whatsoever. Penalties 138. Any persqn guilty of an ofTence against or contravention where not of, or default in complying with, any provision of this Act or any expressly provided Rules made hereunder, shall, if no penalty is expressly provided for such offence, contravention or default, be liable to a fine of £100, and if the offence, contravention or default is of · a continuing nature, to a further fine of £5 for each day during which he shall make default. Liability of 139. Where a contravention of any of the provisions of this secretary or manager of Act or any Rule !Hade hereunder is committed by any company company or corporation, the secretary or manager thereof may be sum• moned and may be held liable for such contravention and the consequences thereof. Proceedings 140. Where proceedings under this Act are competent against against several persons in respect of the joint act or clchult of sq~h several persons persons, it shall be sufficient to proceed against on or more of them without proceeding against the others. Prosecution 141.-(1) A local authority may, by any of its officers or PY any person generally or specially authorized in ,yriting by Sllfh local authority, prosecute for any contravention of. offej1ce against, or default in complying with. any provision of this1Att LAWS OF MALAWI Public Health Cap. 34:01 65 or any Rule made or deemed to be made hereunder, if the contravention, offence, or default is alleged to have been com- mitted within or affects its district. (2) Where an officer or person authorized by a local authority has under subsection (1) prosecuted any pers¢n for any contra- vention of, offence against or default in complying with any provision of this Act, or any Rule made or q~emed to be made hereunder and the accused has been convicted of a contravention, offence or default, all fines and penalties • imposed may be recovered by such officer or person authorized by a local authority as a civil judgment debt.

142 — Nothing in any law specially gov~rning any local Power of

142. Nothing in any law specially gov~rning any local Power of local authority shall be construed as preventing su.ch local authority authority from exercising any power or performing any qµty under this Act outside its by reason only that in exercising such power or performing such district duty it must do some act or thing or incur exptinditure outside its di~trict.

143 — (1) The Minister may make Rules for any purpose Power to

143.-(1) The Minister may make Rules for any purpose Power to having as its object the preservation of health or prevention of fake Rules disease, and generally for the carrying out of the purposes of this 01\h~r~~~es Act. (2) Without prejudice to the generality of the foregoing power, the Minister may make rules regarding the following matters- (a) the licensing, regulation and inspection of the premises of hairdressers; (b) the licensing, regulation and inspection of laundries and wash-houses; (c) the regulation, inspection and control of cemeteries and crematoria; (d) the disposal and burial of corpses; (e) the fixing of fees and the prescribing; of forms in regard to any matters prescribed.

144 — All Rules, orders, proclamations, notices and appoint- Saving

144. All Rules, orders, proclamations, notices and appoint- Saving ments made under the Public Health Ordinance, 1932 (now re- 5 of 1932 pealed) shall, in so far as they arc not inconsistent with this Act, be deemed to have been made hereunder, a~Q shall continue in force until replaced by Rules, orders, proc;:lamations, notices and appointments made under this Act. L.R.O. I/ 1972

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