Malaysia legislation

Section 8

of DESTRUCTION OF DISEASE-BEARING INSECTS ACT 1975

Section 8

Act—

(2)

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:

(a)

to destroy disease-bearing insects wherever found;

(b)

to collect and remove empty tins, cans, bottles or other receptacles in which disease-bearing insects may breed;

(c)

to cut down and remove any grass, bamboo stumps, fern or undergrowth in which disease-bearing insects are likely to breed or harbour;

(d)

to cover and keep continuously covered any tank, cistern, receptacle or other container within the premises;

(e)

to construct drainage of the premises;

(f)

to fill up inequalities in the surface of the premises;

(g)

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

(h)

generally to prevent the propagation or harbouring of disease-bearing insects.

(3)

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

(a)

the period within which the specified measures or work shall be taken or done or completed;

(aa) 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;

(b)

the intervals within which the specified measures or work are to be taken or done; and

(c)

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.

(4)

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

(5)

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.

(6)

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.

(7)

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.

(8)

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

Section 8 — AKTA PEMUSNAHAN SERANGGA PEMBAWA PENYAKIT 1975