CHAPTER 290
MARKETS AND BUS STATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Application

   3.   Interpretation

   4.   Establishment of markets and bus stations

   5.   Control and management of markets and bus stations

   6.   Unauthorised markets and bus stations

   7.   Designation of market streets

   8.   Demolishing, reconstructing, abolishing, closing or moving of markets and bus stations

   9.   Fees, stallage, and levy

   10.   Inspectors of markets

   11.   Entry into markets and bus station by inspector

   12.   Issues of licence and permit

PART II
MANAGEMENT BOARDS

   13.   Establishment of management boards

   14.   Composition of management board

   15.   Business plan and management lease

   16.   Functions of management board

   17.   Seal of management board

   18.   Tenure of office and vacancy

   19.   Proceedings of management board

   20.   Committees of management board

   21.   Allowances of members

   22.   Disclosure of interest

   23.   Prohibition of publication of, or disclosure of information to unauthorised persons

   24.   Immunity of members of management board and staff

   25.   Staff of management board

PART III
FINANCIAL AND GENERAL PROVISIONS

   26.   Money to be paid into special fund of local authority

   27.   Funds of market management board

   28.   Budget

   29.   Financial year

   30.   Accounts

   31.   Annual report

   32.   National Market and Bus Station Development Fund

   33.   Regulations and by-laws

   34.   Repeat, savings and transitional provisions

      SCHEDULE

AN ACT

to provide for the establishment and regulation of markets and bus stations ; to provide for the establishment of management boards for markets and bus stations; to repeal and replace the Markets Act, 1937; and to provide for matters connected with or incidental to the foregoing.

[13th April, 2007]

Act 7 of 2007.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Markets and Bus Stations Act.

2.   Application

This Act shall not apply to a place situated on land owned, leased or lawfully occupied by any person that is primarily used for the supply of goods to persons employed by that person on that land.

3.   Interpretation

In this Act unless the context otherwise requires—

“area” means the area under the jurisdiction of a local authority;

“bus service” means a service for the provision of passenger transport to the public;

“bus station” means a place designated by a local authority as a regular terminal stopping place for buses but does not include a bus stop;

“bus stop” means a place on a bus route designated by a local authority as a regular short-term stopping place of buses for the boarding and disembarking of passengers from buses;

“food” has the meaning assigned to it in the Food and Drugs Act;

“lessee” means a management board which has entered into a management lease with a local authority;

“local authority” means a city council, municipal council or district council established under the Local Government Act;

“maintain” includes carry on, manage, operate and keep in good repair and “maintaining” shall be construed accordingly;

“management board” means a board that has been established under section 13;

“management lease” means a lease to maintain and manage a market or bus station, as the case may be, between a management board and a local authority as provided under section 15;

“market” means a market established under this Act being a place or premises where any prescribed goods are sold;

“marketeer” means a person who sells goods in a market;

“market street” means a place designated as a market street under section 7;

“premises” includes any place, vehicle, stall or measurable structure but does not include a cargo container;

“prescribed” means made by the Minister by statutory instrument, on the recommendation of a local authority;

“sell” includes exchange, barter or offer for sale or expose for sale and “sale” shall be construed accordingly; and

“stall” means any stand, shelter or table at a market for the sale or purchase of goods.

4.   Establishment of markets and bus stations

   (1) The Minister or a local authority, with the approval of the Minister, may establish markets and bus stations.

   (2) The Minister may prescribe different categories of markets and bus stations to be established under this Act.

   (3) A local authority, may enter into public-private partnerships, with the prior approval of the Minister given in writing.

   (4) Any public-private partnership entered into shall not be for a period longer than fourteen years.

   (5) The Town and Country Planning Act, the Public Health Act and any other relevant written law shall apply to the planning, siting and construction of markets and bus stations.

5.   Control and management of markets and bus stations

   (1) All markets and bus stations shall be under the control of a local authority having jurisdiction in the area in which they are situated.

   (2) A market and bus station shall be managed by—

      (a)   a local authority in that area; or

      (b)   a management board.

   (3) A market and a bus station shall be managed and operated in accordance with the Food and Drug Act, the Public Health Act and the Weights and Measures Act.

6.   Unauthorised markets and bus stations

   (1) A person shall not, except in partnership with a local authority and with the approval of the Minister—

      (a)   establish any market or bus station in any area;

      (b)   being the owner, lessee or occupier of land, permit a market or a bus station to be established on that land; and

      (c)   maintain, conduct or manage a market or a bus station in contravention of this Act.

   (2) Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding thirty thousand penalty units and a further fine not exceeding one thousand penalty units for each day the contravention continues or in default of payment, to imprisonment for a period not exceeding six months.

7.   Designation of market streets

   (1) A local authority may, on its own motion or on the application of any person, club or co-operative, designate any place for a specified period as a market street.

   (2) A local authority may make by-laws for—

      (a)   prescribing the days on which a market street may operate;

      (b)   prescribing the goods which may be sold on a market street; and

      (c)   regulating traffic and access to the market street.

   (3) If a local authority designates any part of a road as a market street the authority shall notify—

      (a)   the public;

      (b)   motorists; and

      (c)   operators of bus services.

of such designation by a local publication in the government Gazette and a newspaper of general circulation in that area.

8.   Demolishing, reconstructing abolishing, closing or moving of markets and bus stations

   (1) A local authority, in consultation with the Minister, may demolish, reconstruct, abolish, close or move a market or a bus station.

   (2) Notwithstanding sub-section (1), a local authority shall, before demolishing, reconstructing, abolishing, closing or moving a market or a bus station, notify, in writing, any person who is managing the market or bus station.

   (3) Where a local authority closes a market or bus station, a lessee or any agent of the lessee shall not keep the market or bus station open or permit the market or bus station to be open.

   (4) Any person who contravenes sub-section (3) commits an offence and is liable, upon conviction, to a fine not exceeding fifty thousand penalty units, or in default of payment, to imprisonment for a period not exceeding six months.

9.   Fees, stallage and levy

   (1) Any person who desires to sell goods in any market or operate a bus at any bus station shall pay such fee, stallage or levy as may be prescribed by a local authority or management board with the approval of the Minister.

   (2) Any person who fails to pay any fee or levy in contravention of this section commits an offence and is liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

10.   Inspectors of markets

   (1) The Minister, or a local authority with the approval of the Minister, may appoint inspectors to ensure compliance with this Act.

   (2) An inspector shall be provided with a certificate of appointment which shall be produced by the inspector when any person requires it to be produced.

   (3) An inspector may, during an inspection—

      (a)   examine and make copies of any books, records or other documents containing information relevant to the administration or enforcement of this Act or any regulations or by-laws made under this Act;

      (b)   examine any computer and retrieve any information relevant to the administration or enforcement of this Act or any regulations or by-laws made under this Act;

      (c)   open and inspect any package or container;

      (d)   inspect any premises in the market, bus station or market street; and

      (e)   examine or inspect anything relevant to the administration or enforcement of this Act or any regulation or by-laws made under this Act.

11.   Entry into market and bus station by inspector

   (1) An inspector may at any reasonable time, for the purpose of performing that inspector’s functions under this Act, without warrant, enter into any market, bus station, market street or other premises which the inspector reasonably believes is being used as a market, market street or bus station or is used for selling any prescribed goods in contravention of this Act.

   (2) Any person who—

      (a)   delays or obstructs an inspector in the performance of the inspector’s functions;

      (b)   refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of exercising the inspector’s powers; and

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.