Public Health Act

Section Interpretation Section In this Act, and in any rules made under this Act, unless the context otherwise requires— “ adult ” means a person who is eighteen years of age or more; “ approved ” and “prescribed” mean respectively approved or prescribed by the Minister or by the appointed officers or by rules under this Act, as the case may be; “ Authority ” means the Kampala Capital City Authority; “ building ” includes any structure whatsoever whether permanent or temporary for whatsoever purpose used; “ burial ” means burial in the earth, interment or any other form of sepulture, or cremation or any other mode of disposal of a dead body, and “buried” has a corresponding meaning; “ child ” means a person below the age of eighteen years; “ court ” means a court of competent jurisdiction; “ currency point ” has the value assigned to it in the Schedule to this Act; “ drain ” means any drain, together with its appurtenances, used for the drainage of one building only, or of premises within the same curtilage and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which drainage of two or more buildings or...

Section Power to direct inquiries Section The Minister may cause to be made such inquiries as he or she may see fit in relation to any matters concerning the public health in any place.

Section Power of persons directed to make inquiries Section When the Minister directs an inquiry to be made, the person directed to make the inquiry shall have free access to all books, plans, maps, documents and other things relevant to the inquiry and shall have, in relation to witnesses and their examination and the production of documents, similar powers to those conferred upon commissioners by the Commissions of Inquiry Act, and may enter and inspect any building , premises or place, the entry or inspection of which appears to him or her requisite for the purpose of the inquiry.

Section General duties of Authority or local government councils Section The Authority and every local government council shall take all lawful, necessary and reasonably practicable measures for preventing the occurrence of, or for dealing with any outbreak or prevalence of, any infectious, communicable 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 by this Act or by any other law. A medical officer shall immediately inform the Director General of Health Services of the outbreak of any infectious, communicable or preventable disease within the Authority or a local government , as the case may be.

Section Powers and duties of medical officers in the employment of Government Section A medical officer in the employment of the Government shall take all lawful, necessary and reasonably practicable measures for preventing the occurrence of, or for dealing with any outbreak or prevalence of, any infectious, communicable or preventable disease. The actions taken by the medical officer in subsection (1) are for safeguarding, promoting public health ; and for the exercise of the powers and performance of the duties in respect of the public health conferred or imposed by this Act or by any other Act. Where the occurrence of, or outbreak of a disease is within the jurisdiction of a local government , the medical officer shall exercise the powers and perform the duties in subsection (1) with the authority of the Director General of Health Services.

Section Proceedings on complaint to Minister about municipality or town Section If a complaint is made to the Minister that the public health in any municipality or town is endangered by the failure or refusal on the part of the Authority or a local government to exercise the powers or perform the duties devolving upon it under this Act, the Minister , if satisfied after due inquiry that the Authority or the local government is guilty of default, may make an order directing the Authority or the local government to perform its duty in the matter of the complaint and prescribing a time for that performance. Where the order given under subsection (1) is not obeyed within the time prescribed, the Minister may appoint some person to carry out the order.

Section Powers of person appointed under section 6 Section A person appointed under section 6 to perform the duty of a defaulting municipality or town shall, in the performance and for the purpose of that duty, have all the powers of the municipality or town other than the powers of levying rates vested in the municipality or town pursuant to the provision of any Act in that behalf; and the Minister may from time to time by order change any person so appointed.

Section Advisory committee of health Section The Minister shall, when necessary, establish a committee known as the advisory committee of health comprising the Director General of Health Services or his or her representative as the chairperson and such other members as the Minister may deem fit to appoint. The tenure of the members of the advisory committee of health shall be on ad hoc basis. The chairperson of the committee shall appoint such person as he or she may deem fit to be the secretary to the committee. The Minister may vary or terminate the membership of the committee. The Minister may make rules for the governance of the functions of the committee.

Section Provisions of Act in relation to other Acts Section Except as is specially provided in this Act, the provisions of this Act shall be deemed to be in addition to and not in substitution for any provisions of any other Act which are not in conflict or inconsistent with this Act. Where the provisions of any earlier Act are in conflict or inconsistent with this Act, the provisions of this Act shall prevail.

Section Minister’s power to declare notifiable diseases Section The Minister may by statutory order— declare that any disease shall be a notifiable disease for the purpose of this Act; declare that only such provisions of this Act as are mentioned in the order shall apply to any notifiable disease; restrict the provisions of this Act, as regards the notification of any disease, to the Authority or any local government or to any area defined.

Section Power to make rules Section The Minister may in respect of the notification of disease make rules as to— the duties of medical practitioners called in to visit or in any manner becoming aware of any notifiable disease; the duties of heads of families, parents or other persons having the care of or in attendance on any sick person; the duties of owners or persons in charge of letting houses, the duties of owners or persons in charge of workplaces and the duties of employers; the duties of the person in charge of any school, institution of higher learning, orphanage or similar institution in regard to the reporting of such diseases or any other disease specified in the rules; the circumstances in which notification of particular diseases shall not be required; the forms to be used and the particulars to be furnished by medical practitioners and others when making the notifications to the Authority or a local government or medical officer ; the forms to be used and the particulars to be furnished by the Authority or a local government or medical officer when transmitting returns and reports to the Chief Medical Officer; the fees to be paid by the Authority or a local governmen...

Section Infectious diseases Section This Part shall apply to any disease which the Minister may, by statutory order, declare to be an infectious disease for the purposes of this Part.

Section Powers of medical officer to inspect premises and persons Section A medical officer or a person authorised by the medical officer may at any time enter and inspect any premises in which he or she has reason to believe that any person suffering or who has recently suffered from any infectious disease is or has recently been present, or any inmate of which has recently been exposed to the infection of any infectious disease , and may medically examine any person in the premises for the purpose of ascertaining whether the 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 been any infectious disease .

Section Powers of medical officer to cause premises to be decontaminated Section Where any medical officer or a person authorised by the medical officer is of opinion that the decontaminating of any building or part of the building , and of any articles in the building likely to retain infection, would tend to prevent or check infectious disease , he or she shall give notice in writing to the owner or occupier of the building or part of the building specifying the steps to be taken to decontaminate the building or part of the building and the articles, within a time specified in the notice. Where the person to whom notice is so given fails to comply with the notice, that person commits an offence and is liable, on conviction, before a court of competent jurisdiction, to a fine not exceeding five currency points for every day during which the person continues to make default; and the Authority or local government council may cause the building or part of the building and the articles to be decontaminated, and may recover the expenses incurred from the owner or occupier in default as a civil debt. Where the owner or occupier of any such building or part of the building is from povert...

Section Destruction of contaminated beddings, clothing or articles Section Where any beddings, clothing or any other articles are contaminated with an infectious disease or are exposed to contamination from any infectious disease and in the opinion of the medical officer the beddings, clothing or articles have to be destroyed, the medical officer shall destroy the beddings, clothing or articles or cause the beddings, clothing or articles to be destroyed. The Authority or local government shall give reasonable compensation for articles so destroyed. If a person is aggrieved by the amount of compensation awarded by the Authority or a local government , that person shall have the right, and the Authority or a local government shall agree, to a submission of the matter to arbitration in accordance with the Arbitration and Conciliation Act .

Section Damage to articles during decontamination Section When any article is damaged during decontamination no compensation shall be payable if suitable methods of decontamination have been employed and due care and all reasonable precautions have been taken to prevent unnecessary or avoidable damage.

Section No compensation for deprivation during decontamination Section Compensation shall not be payable in respect of the deprivation of the occupation or use of any building or part of a building or of the use of any article occasioned by decontamination, if no undue delay has occurred.

Section Provision of means of decontamination Section The Authority or a local government council shall provide a proper place, with all necessary apparatus and attendance, for the decontamination of bedding, clothing or other articles which have become contaminated, and shall cause any articles brought for decontamination to be dealt with free of charge.

Section Provision of conveyance for infected person or thing Section The Authority or a local government council shall provide and maintain conveyances for the carriage of persons suffering from any infectious disease or for the removal of any contaminated bedding, clothing or other articles and shall pay the expenses of carriage in such conveyance of any person so suffering to a health facility or other place of quarantine.

Section Removal to health facility of infected person Section Where a medical officer or a medical practitioner certifies that a person is suffering from an infectious disease , which in order to guard against its spread, can only be treated or managed in a health facility, the medical officer or medical practitioner , as the case may be, shall cause the person— to be moved to a health facility or to any other place which, in the opinion of the medical officer or medical practitioner , is suitable for the reception of the person; and to be confined in that health facility or place until the medical officer or medical practitioner , as the case may be, is satisfied that the person is free from infection or that the person may be discharged without being a danger to the public.

Section Penalty on exposure of infected persons and things Section Any person who— while suffering from any infectious disease , wilfully exposes himself or herself without proper precautions against spreading the disease in any street , public building or place, shop, inn, hotel or public vehicle without previously notifying its owner , conductor or driver that he or she is so suffering; being in charge of any person so suffering, so exposes the sufferer; or gives, lends, sells, transmits or exposes, without previous decontamination, any bedding, clothing, rags or other things which have, to his or her knowledge, been exposed to infection from any such disease, Any person who, while knowingly suffering from any infectious disease , enters any public vehicle without previously notifying the owner , conductor or driver that he or she is so suffering, shall, in addition, be ordered by the court to pay that owner , conductor or driver the amount of any loss and expenses he or she may incur in carrying into effect the provisions of this Act with respect to decontamination of the conveyance. No proceedings under this section shall be taken against persons transmitting with proper precau...

Section Penalty on failing to provide for decontamination of public vehicle Section Every owner or driver of a public vehicle shall immediately provide for the decontamination of the public vehicle to the satisfaction of the medical officer or a person authorised by the medical officer , after it has, to his or her knowledge, conveyed any person suffering from an infectious disease , and if he or she fails to do so he or she commits an offence and is liable, on conviction, to a fine not exceeding five currency points, but no such owner or driver shall be required to convey any person so suffering until he or she has been paid a sum sufficient to cover any loss or expenses incurred by him or her in carrying into effect the provisions of this section.

Section Penalty for letting infected house Section Any person who knowingly lets for hire any dwelling or premises or part of a dwelling or premises in which any person has been suffering from an infectious disease without having it, and all articles in it liable to retain infection, efficiently decontaminated to the satisfaction of the medical officer or a person authorised by the medical officer as testified by a certificate signed by him or her commits an offence and is liable, on conviction, to a fine not exceeding five currency points. This section shall apply to any owner or keeper of a hotel or boarding house who lets any room or part of a room to any person.

Section Duty of person letting house lately infected to give true information Section Any person letting for hire or showing for the purpose of letting for hire any building or part of a building who, on being questioned by any person negotiating for the hire of the house as to the fact of there being or within six weeks previously having been in it any person suffering from any infectious disease , knowingly makes a false answer to the question commits an offence and is liable, on conviction, to a fine not exceeding five currency points.

Section Notification of death and removal of body of person dying of infectious disease Section In every case of death from an infectious disease , it shall be the duty of the occupier of the building in which the death has occurred immediately to notify the Authority or a local government council of the death; and on receipt of the notification the Authority or a local government council shall at once transmit the information received to the nearest medical officer or a person authorised by the medical officer and make the best arrangements practicable, pending the removal of the body and the carrying out of thorough decontamination, for preventing the spread of the disease. It shall be an offence under 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 more 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 known to have died of infectious disease in any place other than a mortuary or other place set apart for the keeping of dead bodies, without first obtaining the sanction of the Authority or a local government coun...

Section Removal and burial of body of person who has died of infectious disease Section The Authority or the local government council or any administrative or police officer may direct that a dead body of a person who has died from an infectious disease be removed to a mortuary or other suitable place whenever the body— is retained in contravention of section 25 in a room in which any person lives, sleeps or works, or in which food is kept or prepared or eaten; or 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 commits an offence.

Section Authority or local government to remove and bury unclaimed bodies Section The Authority or a local government shall be responsible for the removal and burial of bodies of destitute persons and of unclaimed bodies.

Section Rules Section The Minister may make rules applicable to all infectious diseases or only to such infectious diseases as may be specified in the rules, regarding the following matters— the closing of any school or any place of public entertainment, where deemed necessary for the purpose of preventing the spread of any infectious disease , and the regulation and restriction of school attendance; the duties of parents or guardians of school children who are suffering or have recently suffered from or been exposed to the infection of any infectious disease , and the duties of persons in charge of schools in respect of those children; the establishment, maintenance, management and inspection of isolation health facilities, convalescent homes or other institutions for the accommodation or treatment of persons suffering from or who have recently suffered from any infectious disease , the removal of persons to those institutions and their discharge from them, and the classification and control of the patients and staff of those institutions; the imposition and enforcement of quarantine or of medical observation and surveillance in respect of persons suffering or suspected to be suff...

Section Nuisances prohibited Section No person shall cause a nuisance, or shall suffer to exist on any land or premises owned or occupied by him or her or of which he or she is in charge, any nuisance or other condition liable to be injurious or dangerous to health.

Section Duties of Authority or local government councils to maintain cleanliness and prevent nuisances Section The Authority or a local government council shall take all lawful, necessary and reasonably practicable measures for maintaining its area, at all times, in clean and sanitary condition, and for preventing the occurrence in the area of, or for remedying or causing to be remedied, any nuisance or condition liable to be 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.

Section Duty of Authority and local government councils to prevent or remedy danger to health arising from unsuitable dwellings Section The Authority or a local government council shall take all lawful, necessary and reasonably practicable measures for preventing or causing to be prevented or remedied all conditions liable to be injurious or dangerous to health arising from the occupation of unhealthy dwellings or premises or from overcrowding or from the condition or manner of use of any factory or trade premises and to take proceedings under the law against any person causing or responsible for the continuance of such condition. Notwithstanding subsection (1) , except with the consent of the inspector appointed under the Occupational Safety and Health Act, no action shall be taken by the Authority or a local government council under this Part in respect of any factory premises if that action is likely to interfere with the condition or manner of use of any machinery or plant.

Section What constitutes nuisance Section The following shall be deemed to be nuisances liable to be dealt with in the manner provided in this Part— any dwelling or premises or part of the dwelling or premises which is or are in such a 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 ; any street , road or any part thereof, any stream, pool, ditch, gutter, watercourse, sink, water tank, cistern, water closet, earth closet, privy, urinal, cesspool, soakaway pit, septic tank, cesspit, soilpipe, wastepipe, drain , sewer, garbage receptacle, dust bin, dung pit, refuse pit, slop tank, ash pit or manure heap, so foul or in such a state as to be offensive or to be likely to be injurious or dangerous to health; any growth of weeds, long grass, trees, undergrowth, hedge, bush or vegetation of any kind which is injurious or dangerous to health, and any vegetable that of itself is dangerous to children or others either by its effluvia or through its leaves, seeds, fruits or any part of it being eaten; any well or other source of water supply or cistern or...

Section Author of nuisance Section The author of a nuisance means the person by whose act, default or sufferance the nuisance is caused, exists or is continued, whether the author is the owner or occupier or both owner and occupier or any other person.

Section Notice to remove nuisance Section The Authority or a local government council, if satisfied of the existence of a nuisance, may serve a notice on the author of the nuisance, or, if the author cannot be found, then on the occupier or owner of the dwelling or premises on which the nuisance arises or continues, requiring the author to abate it within the time specified in the notice, and, if the Authority or a local government council thinks it desirable, but not otherwise, any work to be executed to abate or prevent a recurrence of the nuisance may be also specified in the notice; except that— 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 ; 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 Authority or a local government council shall remove the nuisance and may do what is necessary to prevent recurrence of the nuisance.

Section Procedure in case owner fails to comply with notice Section If a person on whom a notice to abate a nuisance has been served under section 55 fails to comply with any of the requirements of the notice within the time specified, or if the nuisance although abated since the service of the notice is, in the opinion of the Authority or a local government council, likely to recur on the same premises , the Authority or a local government council may cause a complaint relating to the nuisance to be made before a court of competent jurisdiction; and the court may thereupon issue a summons requiring the person on whom the notice was served to appear before it. If a 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 its author, or on the occupier or owner of the dwelling or premises , as the case may be, requiring the author, occupier or owner , as the case may be, 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...

Section Penalties in relation to nuisances Section Any person who fails to obey an order by a court of competent jurisdiction to comply with the requirements of the Authority or a local government council or otherwise to remove the nuisance shall, unless that person satisfies the court that all diligence was used to carry out the order, be liable to a fine not exceeding one hundred currency points for every day during which the default continues. Any person wilfully acting in contravention of a closing order issued under section 56 is liable to a fine not exceeding one hundred currency points for every day during which the contravention continues. The Authority or a local government council may in a case under subsection (1) or (2) enter the premises to which the order relates and remove the nuisance and do whatever may be necessary in the execution of the order and recover in any competent court the expenses incurred from the person on whom the order is made.

Section Court may order Authority or local government council to execute works in certain cases Section Whenever it appears to the satisfaction of the court that the person by whose act or default the nuisance arises, or that the owner or occupier of the premises , is not known or cannot be found, the court may at once order the Authority or a local government council to execute the works directed by the order; and the cost of executing the works shall be a charge on the property on which the nuisance exists.

Section Provision in case of two orders for overcrowding relating to same house Section Where any court of competent jurisdiction has twice within a period of three months issued an order as specified in section 56(2) relating to overcrowding of the same premises or part of the same premises , the court may, on the application of the Authority or a local government council, order the house to be closed for such period as the court may deem necessary.

Section Persons jointly responsible for nuisances may be proceeded against Section Where any nuisance liable to be dealt with in the manner provided in this Part appears to be wholly or partly caused by the acts or defaults of two or more persons, the Authority or a local government council may institute proceedings against any one of the persons or may include all or any two or more of them in one proceeding, and any one or more of the persons may be ordered to abate the nuisance, so far as it appears to be caused by the act or default, of that person or their acts or defaults, or may be prohibited from continuing any acts or defaults which contribute to the nuisance, or may be fined or otherwise dealt with notwithstanding that the acts or defaults of any one of the persons would not separately have caused a nuisance; and the costs may be distributed as may appear to the court fair and reasonable. Proceedings under subsection (1) 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 the deceased person had not been originally so included. Where only some of the pe...

Section Notice to remove nuisance Section Where, in the opinion of the Authority or local government , a nuisance exists with respect to premises which, in its opinion, are so dilapidated or so defectively constructed or so situated that repairs to or alterations of the premises are not likely to remove the nuisance, the Authority or local government may apply to the court for a demolition order; and, on the court being satisfied that the nuisance exists, and that repairs to or alterations of the premises are not likely to remove the nuisance, the court may order the owner of the premises to commence to demolish the premises 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; but before a demolition order is made, notice of the application for the order shall be served on the owner of the premises who may attend and give evidence at the hearing of the application by the court . The court shall give notice to the occupier of premises in respect of which a demolition order has been issued requiring the occupier to mo...

Section Cost of execution of provisions relating to nuisances Section All reasonable costs and expenses incurred in serving a notice, making a complaint or obtaining a nuisance order, or in carrying the order into effect, shall be deemed to be money paid 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. 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 the costs and expenses between the authors as to it may seem just. Where, in accordance with this Act, the Authority or a local government council has itself abated or removed a nuisance or done what is necessary to prevent its recurrence, if no owner or occupier of the premises can be found, or appears or pays the expenses incurred by the abatement or removal within six months after the completion of the removal or abatement of the nuisance, the court may order the premises upon which the work has been done, or any part of the premises , or any movable property found on t...

Section Examination of premises Section The Authority or a local government council may enter any building or premises for the purpose of examining as to the existence of any nuisance in the building or premises at all reasonable times; and the Authority or a local government council may if necessary open up the ground of the 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 premises ; but if no nuisance is found to exist, the Authority or a local government council shall restore the premises at its own expense.

Section Power of Minister to make rules Section The Minister may make rules and may confer powers and impose duties in connection with the carrying out and enforcement of the rules on the Authority or the local government councils, owners and others as to— the inspection of land , dwellings, buildings, factories and trade premises , and for securing the keeping of them clean and free from nuisance and so as not to endanger the health of the inmates or the public health ; the regulation of the cleaning and painting of premises and the maintenance of the land attached to premises and the removal of refuse and waste matters from the premises ; the drainage of land , streets or premises , the disposal of offensive liquids and the removal and disposal of rubbish, refuse, manure and waste matters; the keeping of animals or birds and the construction, cleanliness and drainage of places where animals or birds are kept; the 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 injurious or dangerous to health, and...

Section Administration of Part Section The Government shall be responsible for the control and management of epidemics except where the Government delegates the control and management to the Authority or local government or where the Authority or local government requests and is allowed to control and manage an epidemic.

Section Epidemic diseases Section The provisions of this Part shall apply to any disease which the Minister may by statutory order declare to be an epidemic disease for purposes of this Part.

Section Power of Minister to make rules for prevention of disease Section Whenever any part of Uganda appears to be threatened by any disease declared an epidemic disease under section 30 , the Minister may by statutory order declare that part an infected area and may make rules for all or any of the following purposes— for the speedy interment of the dead; for house to house visitation; for the provision of medical aid and accommodation, for the promotion ofcleansing, ventilation and decontamination and for guarding against the spread of disease; for preventing any person from leaving any infected area without undergoing all or any of the following: medical examination, decontamination, inoculation, vaccination or revaccination or passing a specified period in quarantine centre; for the formation of health facilities and quarantine centres, and for placing in them persons who are suffering from or have been in contact with persons suffering from infectious disease ; for the destruction or decontamination 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; for the removal...

Section Minister may authorise Authority and local government councils to execute rules Section The Minister may request the Authority or a local government council, as may be applicable, to execute the rules made under this Part or to aid in the execution of the rules or to do and provide all such acts, matters and things as may be necessary for mitigating an infectious disease .

Section Power of Authority or local government council to enforce rules Section For the purposes of section 32 , the Authority or a local government council or any person duly authorised by the Authority or a local government council shall have power of entry on any premises , vehicle or vessel, for the purpose of executing or superintending the execution of any rules so made by the Minister under section 31 .

Section Notification of sickness or mortality in animals suspected of any of the diseases notified under this Act Section A person who becomes aware of any unusual sickness or mortality among any animals which are susceptible to any of the diseases notified under this Act, shall immediately report the fact to the Authority or to a local government council, as the case may be, or to any person duly authorised by the Authority or a local government council. A person who fails or neglects to report commits an offence and is liable, on conviction, to a fine not exceeding two hundred currency points or to imprisonment for a term not exceeding six months, or both.

Section Report of notification of epidemic diseases Section The Authority and a local government council shall immediately report to the Director General of Health Services, particulars of every notification received by the Authority or local government council of every case or suspected case of any epidemic disease, or of any unusual sickness or mortality in animals made under section 34 .