LAWS OF GOLD COAST

INFECTIOUS DISEASES, 1951 (CAP 78)

As amended

LOCAL GOVERNMENT ACT, 1993 (ACT 462).1

CHAPTER 78.

(Gold Coast.)

ARRANGEMENT OF SECTIONS

Section

1. Short Title and Application.

2. Interpretation.

3. Power for Minister to Apply Ordinance to Other Diseases.

4. Declaration of Infected Area, and Order for Evacuation.

5. Power to Stop Vehicle, Etc.

6. Spirit and Wine and Beer Licences in Area Ordered to be Evacuated.

7. Power to Order Post Mortem Examinations.

8. Marking of Houses Where Infectious Diseases has Occurred.

9. Disinfection.

10. Power for Medical Officer to Order Destruction of House, Building, Etc.

11. Destruction of Animals.

12. Removal and Detention of Infected Persons and Suspects.

13. Isolation of Contacts.

14. Composition and Jurisdiction.

15. Time within which Claims must be Brought.

16. Restriction on Civil Proceedings in Respect of Preventive Measures.

17. Presumption of Knowledge of Disease.

18. Penalties.

19. Regulations as to Infectious Diseases.

20. Regulations as to Diseases of Communicable Nature.

21. Application of Section 2 to Ashanti.

22. Modifications in Application of Sections 8, 9, 10, 11 and 14 to Ashanti and the Northern Territories.

McCarthy  Cap.59.

Ordinances Nos.  2 of 1908,  3 of 1908,  7 of 1909, s.14,  8 of 1917, 17 of 1921, s.10, 21 of 1923, 16 of 1924, 31 of 1926, 10 of 1927,  3 of 1931, 30 of 1935.

AN ORDINANCE TO MAKE BETTER PROVISION FOR THE PREVENTION OF THE SPREAD OF INFECTIOUS AND CONTAGIOUS DISEASES, AND FOR THE SETTLEMENT OF CLAIMS FOR COMPENSATION AND DAMAGES IN CONNECTION WITH MEASURES TAKEN TO PREVENT THE SPREAD OF SUCH DISEASES, AND GENERALLY FOR PURPOSES CONNECTED WITH THE CONTROL OF DISEASES OF A COMMUNICABLE NATURE.  (Amended by 16 of 1924, s. 2.)

Date of Commencement: [13th April, 1908.]

Section 1—Short Title and Application.

This Ordinance may be cited as the "Infectious Diseases Ordinance," and shall apply to the Gold Coast.

Section 2—Interpretation.

In this Ordinance

Compensation Board.

"Compensation Board" means a board appointed under section 14;

Infectious Disease.

"Infectious disease" includes plague, cholera, smallpox, yellow fever, and any disease of an infectious or contagious nature which the Minister may declare in manner hereinafter provided to be an infectious disease within the meaning of this Ordinance.  (Amended by 16 of 1924, s. 3.)

Medical Officer.

"Medical Officer" means an officer of the West African Medical Staff or other medical practitioner appointed by the Governor.  (Amended by 7 of 1909, s. 14.)

Minister.

"Minister" means the Minister responsible for Health.

Police Officer.

"Police Officer" means a police officer within the meaning of the Police Force Ordinance.  (Added by 3 of 1931, s. 2.)

Sanitary Inspector.

"Sanitary Inspector" means any officer serving as an Inspector of Nuisances whether in the Medical or Health Department of the Government or in the service of a District Assembly established under the Local Government Act, 1993 (Act 462). [Added by 3 of 1931, s. 2. and further amended by the Local Government Act, 1993 (Act 462), sch. 7]

Section 3—Power for Minister to Apply Ordinance to Other Diseases.

It shall be lawful for the Minister by order to declare that any disease of any infectious or contagious nature, not specifically mentioned in the preceding section, shall be an infectious disease within the meaning of this Ordinance, and thereupon all the provisions of this Ordinance shall apply to such disease.  (Amended by 3 of 1931, s. 3.)

Section 4—Declaration of Infected Area, and Order for Evacuation.

(1) It shall be lawful for the Minister by order to declare any clearly defined area such as a province, district, island, town, quarter of a town, village, or port in which an infectious disease has occurred whatever may be the extent or population of such area to be an infected area; and by the same order or any subsequent order to order the evacuation of the whole or any part of such infected area.  (Amended by 21 of 1923, s. 2, and 3 of 1931, s. 4.)

Application of Order.

The order for evacuation may apply either to all persons or to any person or class of persons to whom the Minister shall consider the order should apply, having regard to the exigencies of any particular case.  (Added by 31 of 1926, s. 2, and amended by 3 of 1931, s. 4.)

Effect of Order.

(2) It shall not be lawful for any persons to reside or carry on business within any infected area or portion thereof in contravention of an order for evacuation, or to enter or be therein, except when passing along a thoroughfare allowed to remain open to the public, without an order in writing to that effect signed by a Medical Officer, and upon such conditions as such Medical Officer may in such order direct.  (Amended by 31 of 1926, s. 2.)

Penalties for Contravention.

(3) Any person contravening the provisions of the preceding subsection shall be liable for a first offence to a fine not exceeding twenty-five pounds, or to imprisonment with or without hard labour for a period not exceeding three months, and for a second or subsequent offence to a fine not exceeding fifty pounds, or to imprisonment with or without hard labour for a period not exceeding six months, or to both.

Section 5—Power to Stop Vehicle, Etc.

(1) Any Medical Officer, Commissioner, Sanitary Inspector, or Police Officer may stop any vehicle travelling in or travelling or suspected to be travelling to or from an infected area, and may detain all or any persons travelling or being in or on such vehicle with a view to their undergoing a medical examination.

(2) Any such person suffering or suspected to be suffering from an infectious disease, or any corpse, or any article suspected to be capable of spreading infection may be removed from such vehicle and dealt with as prescribed by the regulations made under this Ordinance.

(3) Any driver of a vehicle who refuses or neglects to stop when called upon to do so by any of the officers mentioned in subsection (1) shall be guilty of an offence, and shall on summary conviction thereof be liable to a fine not exceeding twenty-five pounds, or to imprisonment with or without hard labour for a term not exceeding three months, or to both.  (Section added by 3 of 1931, s. 5.)

Section 6—Spirit and Wine and Beer Licences in Area Ordered to be Evacuated.

Any person licensed to sell spirits or wine and beer in a store situated in any infected area or portion thereof which is comprised in an order for evacuation, shall, if he is a person or one of a class of persons to whom the order applies, be entitled to a transfer of the licence to a store situated in some place to which no order for evacuation extends, and where no higher licence fee is payable, or may be awarded by a Compensation Board a refund of the whole or any portion of the fee paid for the licence.  (Amended by 31 of 1926, s. 3.)

Section 7—Power to Order Post Mortem Examinations.

Whenever in the opinion of a Medical Officer there is suspicion that a person has died of an infectious disease, whether in an infected area or not, it shall be lawful for the Medical Officer to order that the body of the deceased person shall be conveyed to such place as the Medical Officer shall appoint, for such examination as he may consider necessary.

Section 8—Marking of Houses Where Infectious Diseases has Occurred.

It shall be lawful for a Medical Officer, if he shall see occasion, to place or cause to be placed on the door or wall of any house or building in which any case of infectious disease has occurred, whether in an infected area or not, any mark which he may deem advisable for the purpose of denoting the occurrence of such disease, and to keep such mark affixed for such time as he may deem necessary; and any person removing or obliterating any such mark without the authority of a District Commissioner shall on conviction be liable to a fine not exceeding five pounds.

Section 9—Disinfection.

It shall be lawful for any Medical Officer to order the disinfection of any house or building in which any case or suspected case of infectious disease has occurred, whether in an infected area or not, and of any property belonging to any person residing or being in such house or building.

Section 10—Power for Medical Officer to Order Destruction of House, Building, Etc.

(1) It shall be lawful for any Medical Officer to order the destruction of any house or building where a case of infectious disease has occurred, whether in an infected area or not, or of anything in such house or building, or elsewhere which he may consider necessary in the interests of public health.

Execution of Order.

(2) Any such order shall be carried out in such manner and by such persons as the Medical Officer may direct.

Compensation.

(3) All claims for compensation in respect of any destruction of a house, building, or thing under this section shall be determined by the Compensation Board.

Section 11—Destruction of Animals.

It shall be lawful for any Medical Officer to order the destruction of any animal, whether in an infected area or not, which he has reason to believe is likely to be an agent in the transmission of an infectious disease, and to dispose of the carcass of any animal so destroyed in such manner as he may think proper.

Section 12—Removal and Detention of Infected Persons and Suspects.

It shall be lawful for a Medical Officer to cause any person suffering or suspected to be suffering from an infectious disease, whether in an infected area or not, to be removed to a Government hospital or other place provided by the Government, and to detain such person until he can be discharged with safety to the public.

Section 13—Isolation of Contacts.

It shall be lawful for a Medical Officer to order any person living in the same house or compound as, or otherwise brought into contact with, any person suffering or suspected to be suffering from an infectious disease, whether in an infected area or not, to be isolated in such place as the Government may provide, until he can be discharged with safety to the public; and every person authorised by the Medical Officer to carry out such order may use such force as is necessary to compel obedience to such order.  (Amended by 3 of 1931, s. 6.)

Section 14—Composition and Jurisdiction.

Compensation Boards.

(1) All claims for refund of spirit licence fees under section 6, and for damages or compensation for destruction of property under sections 10, 11, and 19 (1)(d), and all similar claims in respect of any measures taken before the passing of this Ordinance shall be heard and determined by a Compensation Board to be appointed in writing in the town of Accra (as defined under section 3 of the Town Councils Ordinance*) by the Minister and elsewhere by the Provincial Commissioner of the province, and to consist of two persons, one of whom shall be unconnected with the Government service. (Amended by 17 of 1921, s. 10.)

Remuneration of Unofficial Member.

(2) The unofficial member of the Board shall be entitled to his actual out-of-pocket expenses; and the Minister or Provincial Commissioner, as the case may be, may, at his discretion, allow such further remuneration as to him may seem fit.  (Amended by 17 of 1921, s. 10.)

Scope of Order of Appointment.

(3) In appointing any Compensation Board it shall be lawful for the Minister or Provincial Commissioner, as the case may be—

(a) to define the local limits of the jurisdiction of the Board;

(b) to appoint such member by name or ex officio;

(c) to appoint a secretary to the Board; and

(d) in case any person appointed shall be or become unable or unwilling to act, or shall die, to appoint another member in his place. (Amended by 17 of 1921, s. 10.)

Publication of Order.

(4) Every appointment made under this section shall be published in the Gazette.

Powers of Board to summon witnesses, etc.

Witnesses' Expenses.

(5) A Compensation Board shall have all the powers of the Supreme Court to summon witnesses, and to call for the production of books, plans, or documents, and to examine witnesses and parties on oath, and all persons summoned to attend and give evidence or to produce books, plans, or documents shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpoenas from the Supreme Court, and shall be entitled to like expenses as if they had been summoned to attend such Court on a criminal trial, if the same shall be allowed by the Board, but the Board may disallow the whole or any part of such expenses in any case if they think fit.

Dissent of Member.

(6) If the members of a Compensation Board shall in any case be equally divided the matter shall be referred to a Judge of the Supreme Court, who shall for the purposes of the reference be deemed to be a member of the Compensation Board, and whose decision shall be deemed to be the award of the Board.

Award.

(7) The award of a Compensation Board shall be in writing signed by the members or by the Judge, as the case may be, and shall be final, and the amount awarded shall be paid in accordance with the award by the Government of the Gold Coast.

Cap. 9.

(8) For the purposes of Title 25 of the Criminal Code a Compensation Board shall be deemed to be a Court.  (Amended by 3 of 1908, s. 2.)

Section 15—Time within which Claims must be Brought.

(1) Every claim for damages or compensation shall be preferred within six months after the happening of the event in respect of which the claim is made.

Filing of Claim.

(2) A claim may be sent in the first instance either to the Compensation Board or to the Minister, by whom it shall be referred to the Compensation Board appointed to deal therewith.

Exclusion of Late Claims.

(3) No claim shall be entertained of which notice shall not have been received by the Compensation Board or the Minister within the time specified by this section.

Section 16—Restriction on Civil Proceedings in Respect of Preventive Measures.

No action, suit, or civil proceeding of any kind whatsoever shall, without the written consent of the Attorney-General, be brought against any person in any Court in the Gold Coast for damages or compensation in respect of any measure taken or to be taken to prevent the spread of any infectious disease, or in respect of any act which may be done in the execution or intended execution of any regulation under section 20. (Amended by 16 of 1924, s. 4.)

Section 17—Presumption of Knowledge of Disease.

Where a person in charge of or in attendance on or living with a person suffering from an infectious disease is charged with an offence against this Ordinance or any regulation made thereunder relative to such infectious disease, he shall be presumed to have known of the existence of such disease in such person, unless and until he shows to the satisfaction of the Magistrate before whom he is charged that he had not such knowledge and could not with reasonable diligence have obtained such knowledge.  (Amended by 30 of 1935, s. 2.)

Section 18—Penalties.

If any person without lawful authority or excuse (proof whereof shall lie on him) shall contravene any of the provisions of this Ordinance for which no other punishment is provided, or any regulation made under this Ordinance, or does or omits to do anything which, under such provisions of this Ordinance, or of any regulation made thereunder, he ought not to do or omit, or if he obstructs or impedes or aids or incites any other person to obstruct or impede any Medical Officer, Police Officer, Health Officer, or other person lawfully acting in the execution of any provision whatsoever of this Ordinance, or of any regulation thereunder, he shall be guilty of an offence, and on conviction shall be liable to a fine not exceeding twenty-five pounds, or to imprisonment with or without hard labour for a period not exceeding three months, or to both:

Provided that no person shall be punished for the same offence under this Ordinance and any other ordinance.

Section 19—Regulations as to Infectious Diseases.

(1) It shall be lawful for the Governor in Council to make, vary, and revoke regulations—

Burials.

(a) Prescribing the mode of burial or disposal of the bodies of persons dying from an infectious disease;

Cordons.

(b) Establishing a cordon around any infected area or part thereof where an infectious disease has occurred or is suspected to have occurred or otherwise preventing persons departing from or going to any such area or any part thereof; (Added by 3 of 1931, s. 7.)

Digging of Soil.

(c) Prohibiting building on, or habitation of, or tillage, or other disturbance of, the soil in any area, or in any portion of any such area, in which plague has occurred, or in which the bodies of persons who have died of plague, or are suspected to have died of plague, have been buried; (Added by 8 of 1917, s. 2.)

Disinfection of Premises.

(d) For closing, destroying, disinfecting, cleansing, or otherwise rendering harmless any houses, building, latrines, wells, cesspits, dustbins, dumping grounds, and places deemed to be injurious or dangerous to health;  (Amended by 10 of 1927, s. 2.)

Evacuation of Infected Areas.

(e) For the removal of persons from any portion of an infected area the evacuation of which has been ordered by the Governor in Council;

Forms and Service.

(f) Prescribing the form and mode of service or delivery of notices and other documents under this Ordinance;

Isolation of Patients and Contacts.

(g) For isolating all persons suffering or suspected to be suffering from an infectious disease, or brought into contact with any person so suffering or suspected;

Officers.

(h) For the appointment of the authority by whom the provisions of this Ordinance and any regulations made thereunder are to be carried out, and of inspectors and other necessary officers, and for the execution of their duties;

Procedure, etc., of Compensation Board.

(i) Prescribing the procedure to be adopted in the proceedings of the Compensation Board, and the forms of witness summonses and other documents to be used in connection with such proceedings;

Public Gatherings.

(j) For preventing, in any place where an infectious disease exists, or is suspected to exist, the holding of public meetings or the performance of funeral or other native customs likely to tend to the dissemination of such infectious disease;  (Amended by 3 of 1931, s. 7.)

Publication of Orders.

(k) For the publication within the area affected by beating of gong-gong, or in other manner, of any order or regulations made under this Ordinance;  (Amended by 3 of 1931, s.7.)

Refuse and Sewage.

(l) For the disposal or destruction of refuse and sewage;

Removal of Property.

(m) Prohibiting the removal of property from infected houses;

Reports of Cases.

(n) Prescribing the reporting of cases of sickness and deaths;

Temporary Buildings.

(o) For the erection of temporary huts, mortuaries, and similar buildings by the Chiefs or Headmen of towns or villages, and the provision by such Chiefs and Headmen of subsistence for any person suffering from an infectious disease; (Amended by 3 of 1931 s. 7.)

Travellers.

(p) For inspecting and granting passports to persons travelling by sea or land from a town, village, or place where an infectious disease has occurred, and for disinfecting their clothing and effects;

Vermin.

(q) For the destruction of rats, mice, and other kinds of vermin, and of mosquitoes, and for the closing of holes made by rats and mice and for the rendering of floors and plinths of houses rat-proof; and Etc.

(r) Generally for the better carrying into effect any of the provisions of this Ordinance.

(2) Any regulations made under subsection (1) may apply generally to the whole of the Gold Coast or to any infected area.  (Substituted by 3 of 1931, s. 7.)

Section 20—Regulations as to Diseases of Communicable Nature.

(1) In addition to the powers hereinbefore conferred, it shall be lawful for the Governor in Council to make regulations for the better control of any disease of a communicable nature (not being an "infectious disease" within the meaning assigned to that expression in section 2 of this Ordinance) occurring in the Gold Coast, and for purposes connected therewith; and in particular (but without derogating from the generality of the provisions last aforesaid) with respect to any of the following matters connected with any such disease:—

Removal.

(a) The conditions precedent to the compulsory removal to a hospital, sanatorium, or other suitable place, of persons suffering from any such disease;

Reports on Cases.

(b) The reporting by medical practitioners of cases of any such disease; and

Treatment.

(c) The supply of medical and other assistance and facilities for the treatment of persons suffering from, and for the detection of, any such disease.

(2) All regulations made under this section shall be published in the Gazette, and shall thereupon have the same force and effect as if enacted herein, either immediately or on and from such later date as may therein or in their regard be provided.  (Added by 16 of 1924, s. 5.)

Section 21—Application of Section 2 to Ashanti.

Section 2 shall in Ashanti have effect as if the reference in the definition of "Sanitary Inspector" to a Town Council was instead a reference to the Kumasi Public Health Board. (Added by 30 of 1931, s. 2.)

* The Kumasi Public Health Board Ordinance, 1937, was repealed by the Kumasi Town Council Ordinance, 1943, which is scheduled under the Revised Edition of the Laws Ordinance, 1951.

Section 22—Modifications in Application of Sections 8, 9, 10, 11 and 14 to Ashanti and the Northern Territories.

In the application of this Ordinance to Ashanti and the Northern Territories the following modifications shall have  effect—

(1) After the words "Medical Officer" wherever they occur in sections 8, 9, 10, and 11, the words "or District Commissioner" shall be inserted.

(2) The words "in the town of Accra (as defined under section 3 of the Town Councils Ordinance) by the Minister and elsewhere by the Provincial Commissioner of the Province and to consist of two persons, one of whom shall" where they occur in section 14 (1) shall be replaced by the words "by the Chief Commissioner and to consist of two persons one of whom shall, if practicable,".

(3) The words "Minister or Provincial Commissioner, as the case may be," where they occur in section 14 (2) and (3) shall be replaced by the words "Chief Commissioner."

(Section added by 30 of 1935, s. 2.)

FOOTNOTE

*McCarthy Cap. 51 scheduled

As amended by

LOCAL GOVERNMENT ACT, 1993 (ACT 462).1