DESTRUCTION OF DISEASE-BEARING INSECTS ACT 1975

LAWS OF MALAYSIA REPRINT Act 154 DESTRUCTION OF DISEASEBEARING INSECTS ACT 1975 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 154 DESTRUCTION OF DISEASE-BEARING INSECTS ACT 1975 Date of Royal Assent … ... … … 10 February 1975 Date of publication in the Gazette ... ... 20 February 1975 PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … … … … … 1997 2001 Destruction of Disease-Bearing Insects 3 LAWS OF MALAYSIA Act 154 DESTRUCTION OF DISEASE-BEARING INSECTS ACT 1975 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH 3. Delegation 4. Public servants 5. Power to enter and examine premises, etc. 6. Powers of seizure 7. Requirement to supply information 8. General power to direct or take measure to destroy, etc., disease-bearing insects 9. Owner or occupier to render assistance 10. Medical examination of persons suspected of being infected with insectborne disease 10A. Power to require information and examine persons 4 Laws of Malaysia ACT 154 PART III OTHER OFFENCES AND DUTIES OF OWNER AND OCCUPIER Section 11. Approval to be obtained for operations likely to propagate or harbour diseasebearing insects 12. Prohibition on clearing undergrowth under certain circumstances, etc. 13. Prohibition on creating conditions likely to propagate or harbour diseasebearing insects 14. Prohibition on breeding, etc., of disease-bearing insects without permission PART IV MISCELLANEOUS 15. Recovery of costs and expenses 16. Service of orders, etc. 17. Appeals to Minister 18. No compensation 19. Duty of owner and occupier to protect works for preventing the breeding of disease-bearing insects 20. Penalty for damaging works executed by Director General or a Medical Officer of Health 21. Penalty for obstructing 22. Liability of owner, occupier, servants, etc. 22A. Institution and conduct of prosecution 23. General penalty 23A. Magistrate of the First Class to have full jurisdiction 24. Police assistance 25. Power to compound 26. Act to apply to all property 27. Powers to make regulations Destruction of Disease-Bearing Insects 5 LAWS OF MALAYSIA Act 154 DESTRUCTION OF DISEASE-BEARING INSECTS ACT 1975 An Act to provide for the destruction and control of diseasebearing insects and for the medical examination and treatment of persons suffering from insect-borne diseases and for matters connected therewith. [23 August 1982, P.U. (B) 450/1982] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Destruction of Disease-Bearing Insects Act 1975, and shall come into force on such date as the Minister may, by notification in the Gazette, appoint and different dates may be appointed for different parts of Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “Director General” means the Director General of Health, Malaysia; “disease-bearing insect” means any insect carrying or causing, or capable of carrying or causing, any disease of human beings or domestic animals, and includes the eggs, larvae and pupae of such insect; “inspector” means any person who is a public health inspector in the service of the Government or any local authority and includes any other person designated in writing by the Director General or a Medical Officer of Health to be an inspector for the purpose of this Act; 6 Laws of Malaysia ACT 154 “Medical Officer of Health” means any medical practitioner in the service of the Government or any local authority who is for the time being carrying out the duties of a Medical Officer of Health in any area, district or local authority area, including the airport and port limits thereof, and includes the Deputy Director General of Health (Public Health), the Director of Disease Control, any Deputy Director of Disease Control, any State Director of Health Services and his Deputy; “Minister” means the Minister charged with the responsibility for health; “occupier” means the person in occupation of any premises or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger; “owner” means the person for the time being receiving the rent of any premises, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the land or house comprised in the premises were let to a tenant; “premises” means messuages, buildings, lands, easements and hereditaments of any tenure and includes any place or structure, or any part thereof, used or intended to be used for human habitation or for employment or any other purpose whatsoever; “registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50]. (2) Notwithstanding the definition of the expression “diseasebearing insect” the Minister may by order published in the Gazette declare any or all the provisions of this Act to apply to any animal he may specify in the order and thenceforth references to “diseasebearing insects” and “insect-borne disease” in those provisions shall be construed as to include such animal and its eggs, if any, and disease borne by it respectively. PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH Delegation 3. The Director General and a Medical Officer of Health may delegate in writing any or all the powers conferred or duties imposed upon him Destruction of Disease-Bearing Insects 7 by this Act, except the power to authorize a public officer under section 25, to any person he deems fit. Public servants 4. The Director General, a Medical Officer of Health, an inspector and any other person delegated with the powers under this Act shall when acting within the scope of the powers and duties under this Act and any regulations made thereunder be deemed to be public servants within the meaning of the Penal Code [Act 574]. Power to enter and examine premises, etc. 5. (1) The Director General, a Medical Officer of Health or an inspector may for the purpose of exercising the powers under this Act, between the hours of six o’clock in the morning and ten o’clock in the evening, with or without assistants, enter and examine any premises. (2) (Deleted by Act A1086). (3) Where it is necessary and expedient for the exercising of powers conferred by this Act to be performed outside the hours specified in subsection (1), the Director General, a Medical Officer of Health or an inspector may enter the premises for the purpose thereof after giving at least twenty-four hours’ previous notice to the owner or occupier thereof. (4) Where the requirements of subsection (3) have been complied with the owner or the occupier of the premises shall permit the Director General, a Medical Officer of Health or an inspector, with or without assistants, to enter into such premises and into any part thereof for the purposes of exercising the powers under this Act and shall supply all such information as the Director General, a Medical Officer of Health or an inspector may require. (5) In exercising his powers of entry under subsection (3) the Director General, a Medical Officer of Health or an inspector and his assistants may, if necessary, use reasonable force or break any door, window or lock. 8 Laws of Malaysia ACT 154 Powers of seizure 6. (1) The Director General, a Medical Officer of Health or an inspector may— (a) if he suspects that an offence under this Act or any regulations made thereunder is being or has been committed, seize any article which was the subject matter of or was used in the commission of the offence; and (b) seize any article including its contents for the purpose of examining it to determine if there are disease-bearing insects or whether the conditions are likely to harbour or propagate disease-bearing insects. (2) The Director General, a Medical Officer of Health or an inspector shall prepare a list of all articles seized under subsection (1) and forthwith deliver a copy of such list signed by him to the owner or occupier of the premises from where the articles were seized or his agent or employee or any other person from whom the articles were seized. (3) When no person is charged for any offence the article shall unless it is claimed by the owner or the person from whom it was seized within a period of two weeks of the seizure be disposed of at the discretion of the Director General or a Medical Officer of Health but if within the period a claim is made by the owner or any person from whom the article was seized it shall be returned to him. (4) Notwithstanding subsection (3), the Director General or a Medical Officer of Health may at any time dispose of any diseasebearing insect or any perishable matter seized in any manner he deems fit: Provided that if the perishable matter is sold the proceeds of the sale shall, if so claimed by the owner or the person from whom it was seized within two weeks of the seizure, be paid to him. Requirement to supply information 7. (1) The Director General, a Medical Officer of Health or an inspector may require the owner or occupier of any premises or the agent or the servant thereof or any person whom he has reason to believe is committing or has committed an offence under this Act— (a) to give his name and residence; Destruction of Disease-Bearing Insects 9 (aa) to produce— (i) his identity card; (ii) in the case of any business premises, any document pertaining to the registration or licensing of such business under any written law; and (iii) any other document required by the Director General, a Medical Officer of Health or an inspector for the purpose of ascertaining the identity of the owner or occupier of the premises; (b) to supply information relating to the propagation of diseasebearing insects or the occurence of any insect-borne disease or any other information as may be required by the Director General, a Medical Officer of Health or an inspector; and (c) to give any statement in writing, and the owner or occupier or the agent or servant thereof or such person shall comply with such requirement. (2) Where a person under subsection (1) refuses to give his name or residence or gives a name or residence which the Director General, a Medical Officer of Health or an inspector has reason to believe to be false, the Director General, Medical Officer of Health or inspector may in order to ascertain his name or residence arrest him and within twenty-four hours take him before the nearest Magistrate unless before that time his true name and residence are ascertained in which case such person shall forthwith be released. (3) A person who fails to supply information or supplies information required under subsection (1) which to his knowledge is false shall be guilty of an offence under this Act. General power to direct or take measure to destroy, etc., diseasebearing insects 8. (1) Where it appears to the Director General or a Medical Officer of Health or an inspector that any premises or anything therein is likely to propagate or harbour any disease-bearing insects, he may in writing order such owner or occupier to take specified measures or to do any work with regard to the premises or for the treatment, destruction or removal of anything therein as to make the premises or conditions therein unfavourable to the propagation or harbouring of the disease-bearing insects. 10 Laws of Malaysia ACT 154 (2) Without prejudice to the generality of the powers specified in s