Section 49: Unlawful exposure to infectious disease

49. Unlawful exposure to infectious disease (1) Any person who— (a) knowing that he is a patient, wilfully or negligently exposes himself in such manner as to be likely or liable to spread the disease in any street, public place, public building, shop, inn, hotel, church, or other place used, frequented or occupied in common by persons, other than the members of the family or household to which the patient belongs; (b) being in charge of a patient, exposes the patient in the manner referred to in paragraph (a); (c) being the occupier of a dwelling and knowing that a patient has died in it, fails to take reasonable steps to prevent persons, other than members of his household, from coming in contact with the body of the patient; (d) without previous effective disinfection to the satisfaction of the Sanitary Authority— (i) knowingly gives, lends, sells, pawns, transmits, removes or exposes; (ii) sends to or permits to be washed or exposed in any washing place, laundry or other place at which articles are washed, cleansed or dyed, [Issue 1] P49 – 20 Revised Laws of Mauritius any clothing, bedding, rag or any other article which has been exposed to or is considered by the Sanitary Authority to be contaminated with the infection of any infectious or communicable disease; or (e) knowing that he is a patient— (i) handles, conveys, or otherwise comes in contact with any food, dairy produce, aerated water or other article intended for consumption by man; (ii) carries on any trade or occupation in such manner as to be likely or liable to spread his disease, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees and to imprisonment for a term not exceeding 3 months. (2) (a) No patient shall enter any public conveyance and no person in charge of— (i) a patient; (ii) the body of any person who to his knowledge has died of an infectious or communicable disease; or (iii) anything which to his knowledge has been exposed to or is contaminated by an infectious or communicable disease, shall place in the conveyance the patient, body, article or thing, which to his knowledge has been so exposed or is so contaminated (except in the case of a hearse used for the removal of a dead body) without first informing the owner or driver or conductor of the conveyance of the fact of the infection. (b) The owner, driver or conductor shall, as soon as possible after the conveyance has been so used and before permitting its use by any other person, cause it to be efficiently disinfected to the satisfaction of the Sanitary Authority. (c) For the purposes of this subsection, “public conveyance” includes a tramcar, bus, cab, motor car, boat, vessel, aircraft or any other vehicle, if the conveyance plies for hire or is used by members of the public. (d) Any person who contravenes this subsection shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees and to imprisonment for a term not exceeding 3 months and may, in addition, be ordered by the Court to pay to the owner or driver of the conveyance the amount of any loss or expense necessarily entailed by the disinfection of the conveyance.