Destruction of Disease-Bearing Insects Act 1975 · Updated to 1 Jan 2006 · Part IV · Miscellaneous
22. Liability of owner, occupier, servants, etc.
Official textFrom Laws of Malaysia Online, unchanged
Where an offence has been committed under this Act or any regulations made thereunder by any person other than the owner or the occupier of the premises, the owner and the occupier shall, notwithstanding that no one is charged for the offence, be deemed to be also guilty of the offence unless he can prove that the offence was committed without his knowledge, consent and connivance and that he had exercised all due diligence to prevent the commission of the offence.
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;
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.
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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.
Terms defined in s 2
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;