DESTRUCTION OF DISEASE-BEARING INSECTS ACT 1975

Notwithstanding the definition of the expression “disease-bearing 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 “disease-bearing 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.

(Deleted by Act A1086).

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.

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.

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

Powers of seizure

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

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.

The Director General, a Medical Officer of Health or an inspector shall prepare a list of all articles seized under subsection

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.

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.

Notwithstanding subsection (3), the Director General or a

Medical Officer of Health may at any time dispose of any disease-bearing 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

to give his name and residence;

Destruction of Disease-Bearing Insects 9

(aa) to produce—

his identity card;

to supply information relating to the propagation of disease-bearing 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

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.

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.

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., disease-bearing insects

Without prejudice to the generality of the powers specified in subsection (1) the Director General or a Medical Officer of

Health or an inspector may in writing order the owner or occupier of any premises to take or do any of the following measures or work:

The Director General or a Medical Officer of Health or an inspector may in the same order direct—

Orders under this section may be given to the owner or occupier of any premises and to any person therein, including his agents and servants.

Destruction of Disease-Bearing Insects 11

Notwithstanding subsections (1), (2) and (3), the Director

General or a Medical Officer of Health or an inspector may, if in his opinion the circumstances so warrant, himself cause any measure or work specified in those subsections to be taken or done but in every such case the Director General or a Medical Officer of

Health or an inspector shall notify such owner or occupier as to the nature of the measure or work that is so intended to be taken or done.

Subject to section 17, if the owner or occupier of any premises on whom an order made under subsection (1) or (2) has been served fails to comply with the terms thereof, the Director General or a Medical Officer of Health or an inspector may take and do thereon or therein any of the measures or work required by the said order to be taken or done.

Where the Director General or a Medical Officer of Health or an inspector himself causes any measure or work to be taken or done under subsection (5) or (6) any costs and expenses thereof may be recoverable by him from the owner or occupier of the premises concerned.

Any person who removes or renders less effective any insecticide applied by the Director General or a Medical Officer of Health or an inspector or refuses, fails or neglects to comply with any written order made in pursuance of subsection (1) or (2)

or disturbs or removes anything done by the Director General or a Medical Officer of Health or an inspector under subsection (5)

or (6) shall be guilty of an offence under this Act.

Owner or occupier to render assistance

In particular and without prejudice to the generality of subsection (1), the owner or occupier shall, before any application of insecticide commences—

Any person who refuses, fails or neglects to do any of the things under this section shall be guilty of an offence under this

Act.

Medical examination of persons suspected of being infected with insect-borne disease

medically examine any person suspected or likely to be infected with insect-borne disease for the purpose of ascertaining whether such person is suffering from, or has recently suffered from, or is a carrier of, any insect-borne disease, or whether such person has been recently exposed to infection by any such disease, including the examination of his blood, urine and stool;

medically treat or isolate any person who is suffering from any insect-borne disease or to do both; and

cause a post-mortem examination to be made on any corpse where the death is suspected to have been caused by any insect-borne disease.

Any person who refuses, fails or neglects to submit for examination, treatment or isolation under paragraph (1)(a) or (b)

or any person having the custody of any corpse who refuses or obstructs the post-mortem of the corpse under paragraph (c) of that subsection shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand ringgit.

Power to require information and examine persons

Any person who, on being required by the Director General, a Medical Officer of Health or an inspector to give information under this section, refuses to comply with such requirement or furnishes as true any information which he knows or has reason to believe to be false, untrue or incorrect, in whole or in part, shall be guilty of an offence.

If any information furnished under subsection (2) is proved to be false, untrue or incorrect, in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted or furnished inadvertently or without criminal or fraudulent intent.

The Director General, a Medical Officer of Health or an inspector making an investigation under this Act may exercise any or all of the powers conferred by section 111 of the Criminal

Procedure Code [Act 593] and sections 112 to 114 of the Code shall apply to statements made by the persons examined in the course of such investigation.

The Director General or the Medical Officer of Health may after studying the plans require the person undertaking, executing or carrying out the building, land development, land reclamation, excavating, quarrying or other operations to comply with such conditions as he may deem necessary to prevent the propagation or harbouring of disease-bearing insects.

Any person who fails to submit plans as required under subsection (1) or refuses, fails or neglects to comply with any condition imposed under that subsection shall be guilty of an offence under this Act.

14

Prohibition on clearing undergrowth under certain circumstances, etc.

to cut down or clear any undergrowth or other vegetation within twenty feet of any stream or seepage or running or stagnant water to which shade have been afforded by the development of such undergrowth or other vegetation;

to cut down or clear any jungle, undergrowth or other vegetation; or

to make holes for the purposes of planting, replanting or developing the land, shall notify the Director General or a Medical Officer of Health in writing of his intention not less than fourteen days before the commencement of the work.

The Director General or a Medical Officer of Health on receipt of the notice under subsection (1) may in writing order the owner, occupier or other person to take such measures as he may specify in the written order to prevent the propagation or harbouring of disease-bearing insects.

No owner or occupier of any premises, including any agricultural holding, shall permit any hole or depression likely to hold water to remain in or upon the land owned or occupied by him for a period longer than seven days from the time when such hole or depression was made, whether such hole or depression was made in the course of clearing, planting or other agricultural operation or by the fall of any tree or in any artificial manner whatsoever, and every such owner or occupier shall fill or cause to be filled in any such hole or depression to the level of the surrounding ground within seven days of the making of such hole or depression:

Provided that the owner or occupier may allow the hole or depression to remain for a period longer than seven days if he takes any measure to prevent the propagation or harbouring of any disease bearing insects in the hole or depression.

Any person who contravenes the provisions of this section or any order under subsection (2) shall be guilty of an offence under this Act.

Destruction of Disease-Bearing Insects 15

Prohibition on creating conditions likely to propagate or harbour disease-bearing insects

Any person who contravenes subsection (1) shall be guilty of an offence under this Act.

Prohibition on breeding, etc., of disease-bearing insects without permission

Any permission granted under the provisions of subsection (1)—

Any person who contravenes subsection (1) or who commits a breach of any condition imposed under paragraph (2)(b) shall be guilty of an offence under this Act.

Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Director

General or a Medical Officer of Health in or about the execution of any work required to be done under this Act and such costs and expenses are recoverable under this Act from the owner thereof, such person shall continue to be liable for the payment of all such cost and expenses payable in respect of such property and for the performance of all other obligations imposed by this Act upon the owner of such property which became payable or were required to be performed prior to such transfer.

Nothing in this section shall affect the liability of the purchaser or transferee to pay such costs and expenses in respect of such property or the right of the Director General or a Medical Officer of Health to recover such costs and expenses or to perform any obligations under this Act.

Nothing in this section shall affect the liability of any person to prosecution and punishment under this Act.

The Director General or a Medical Officer of Health may at his discretion partially or wholly exempt the payment of costs and expenses if he has reason to believe that the person required to make the payment does not have the means to meet such payment.

For the purposes of this section “costs and expenses” means the whole of the costs and expenses incurred.

Service of orders, etc.

by delivering the same to the person or by delivering the same at his last known place of abode to some adult member or servant of his family;

by leaving the same at his usual or last known place of abode or business in a cover addressed to him; or

by forwarding the same by post in a prepaid letter addressed to the person at his usual or last known place of abode or business.

Destruction of Disease-Bearing Insects 17

An order, notice or other document required by this Act or any regulations made thereunder may be served on a body corporate, firm, society or other body of persons—

An order, notice or other document required by this Act or any regulations made thereunder to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description.

Without prejudice to subsections (1) and (2) an order, notice or other document required by this Act or any regulations made thereunder to be served on the owner or occupier of any premises may be served by delivering the same to some adult person on the premises or, if there is no such person on the premises, to whom the same can with reasonable diligence be delivered, by affixing the order, notice or document to some conspicuous part of the premises.

Appeals to Minister

The Minister may confirm, vary or rescind the order or direct that the measure or work specified therein shall be proceeded with, varied or abandoned, as the case may be, or make any order which the Director General or a Medical Officer of Health is competent to make under this Act, and the decision of the Minister thereon shall be final.

18

No compensation

Where any premises are used in such a manner as to cause the deterioration of, or to lessen the full effeciency of, such works, the owner and the occupier of the premises shall, subject to the provisions of subsection (4), be guilty of an offence under this Act and the Director General or a Medical Officer of Health may enter the premises and execute any necessary repairs or work thereon and notwithstanding any written law recover from the person convicted, in the same manner as if it were a fine imposed by a

Magistrateís court, such costs and expenses as were thereby incurred.

Before any proceedings are taken under this section, written notice shall be given by the Director General or a Medical Officer of Health to the owner or occupier, as the case may be, specifying what the Director General or the Medical Officer of Health requires to be done or not to be done and giving such time as the Director

General or the Medical Officer of Health deems necessary for compliance therewith.

If the owner of the premises is by reason of any legal contract (not being a contract made with an intention to evade liability under this section) prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), he shall not be liable to the penalty mentioned in subsection (2), unless it can be shown that he has contributed in any way to the refusal or failure of the occupier to carry out such duties and obligations.

Destruction of Disease-Bearing Insects 19

Penalty for damaging works executed by Director General or a Medical Officer of Health

Where an offence under this Act or any regulations made thereunder has been committed or deemed to have been committed under subsection (1) by a body corporate, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the body corporate, firm, society or other body of persons or was purporting to act in such capacity shall, as well as such body corporate, firm, society or other body of

*NOTE—Previously “two thousand ringgit”–see Act A1086.

**NOTE—Previously “one thousand ringgit or to imprisonment for a term not exceeding three months or to both”–see Act A1086.

20

persons be deemed to be guilty of that offence unless he proves that the offence was committed without his consent of connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

Institution and conduct of prosecution

in respect of a first offence to a fine not exceeding *ten thousand ringgit or to imprisonment for a term not exceeding two years or to both;

in respect of a second or subsequent offence to a fine not exceeding **fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both;

in respect of a continuing offence to a further fine not exceeding ***five hundred ringgit for every day that the offence is continued.

Magistrate of the First Class shall have jurisdiction

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General, a Medical Officer of Health, an inspector or a public officer so authorized may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where an offence has been compounded under subsection

, no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made.

Act to apply to all property

specify the measures or work to be taken or done by any person or class of persons to prevent the propagation and harbouring of disease bearing insects;

require any person or class of persons to submit such information as may be specified;

*NOTE—Previously “one hundred ringgit”–see Act A1086.

22

prescribe the control of and conditions governing the import or export of disease bearing insects;

prescribe the offences which may be compounded and the manner of compounding;

prescribe the forms of any order, notices, or any other document required under this Act or any regulations made thereunder.

Destruction of Disease-Bearing Insects 23

Act 154

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act A397

Penal Code (Amendment 31-03-1976

and Entension) Act 1976

Act 160

Malaysian Currency (Ringgit)

29-08-1975

Act 1975

Act A1086

Destruction of Disease-Bearing 01-01-2001

Insects (Amendment) Act 2000

24

KUALA LUMPUR

Act 154

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Act A1086 01-01-2001 3

Act A1086 01-01-2001 5

Act A1086 01-01-2001 7

Act A1086 01-01-2001 8

Act A1086 01-01-2001 10-10A

Act A1086 01-01-2001 20-21

Act A1086 01-01-2001 22A

Act A1086 01-01-2001 23-23A

Act A1086 01-01-2001 25

Act A1086 01-01-2001