Destruction of Disease-Bearing Insects Act 1975 · Updated to 1 Jan 2006 · Part II · Powers of Director General and Medical Officer of Health
6. Powers of seizure
Official textFrom Laws of Malaysia Online, unchanged
The Director General, a Medical Officer of Health or an inspector may—
Director General
“Director General” means the Director General of Health, Malaysia;
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
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;
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.
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;
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:
disease-bearing insect
“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;
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.
Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of Health, Malaysia;
disease-bearing insect
Defined · s 2“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
Defined · s 2“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;
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;
Part III
Other Offences and Duties of Owner and Occupier
Part IV