Destruction of Disease-Bearing Insects Act 1975 · Updated to 1 Jan 2006 · Part II · Powers of Director General and Medical Officer of Health
8. General power to direct or take measure to destroy, etc., disease-bearing insects
Official textFrom Laws of Malaysia Online, unchanged
Where it appears to the Director General or a Medical
Director General
“Director General” means the Director General of Health, Malaysia;
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.
inspector
“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;
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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:
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;
to destroy disease-bearing insects wherever found;
to collect and remove empty tins, cans, bottles or other receptacles in which disease-bearing insects may breed;
to cut down and remove any grass, bamboo stumps, fern or undergrowth in which disease-bearing insects are likely to breed or harbour;
to cover and keep continuously covered any tank, cistern, receptacle or other container within the premises;
to construct drainage of the premises;
to fill up inequalities in the surface of the premises;
to apply insecticide to any pond, well, pool or other body of water, vessel, stable, pigsty, cattle shed, chicken coop or other place used for the shelter of animals; and
generally to prevent the propagation or harbouring of disease-bearing insects.
The Director General or a Medical Officer of Health or an inspector may in the same order direct—
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;
the period within which the specified measures or work shall be taken or done or completed;
that the premises or any part thereof be closed until the specified measures or work are taken or done or completed and the premises are no longer likely to propagate or harbour disease-bearing insects;
the intervals within which the specified measures or work are to be taken or done; and
that the specified measures or work are to be taken or done until the premises or anything therein are no longer likely to propagate or harbour disease-bearing insects.
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.
occupier
“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;
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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.
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;
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.
Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of Health, Malaysia;
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