Destruction of Disease-Bearing Insects Act 1975 · Updated to 1 Jan 2006 · Part IV · Miscellaneous
19. Duty of owner and occupier to protect works for preventing the breeding of disease-bearing insects
Official textFrom Laws of Malaysia Online, unchanged
Where the Director General or a Medical Officer of Health or any local authority or any department of the Federal Government or Government of any State has constructed any works with the object of preventing the breeding of disease-bearing insects, the owner and the occupier of the premises on which the works stand shall prevent the premises from being used in any manner whatsoever that is likely to cause the deterioration of, or to lessen the efficiency of the works.
Director General
“Director General” means the Director General of Health, Malaysia;
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
premises
“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;
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
Medical Officer of Health
“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;
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.
owner
“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;
Destruction of Disease-Bearing Insects 19
Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of Health, Malaysia;
Medical Officer of Health
Defined · s 2“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;
occupier
Defined · s 2“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
Defined · s 2“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
Defined · s 2“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;