"Director General"  means the Director General of Health, Malaysia;

  "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"  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"  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 Me

4 PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-4. Public servants.

The Director General, a Medical Officer of Health, an inspector and any other person delegated with the powers under this Act shall when acting within the scope of the powers and duties under this Act and any regulations made thereunder be deemed to be public servants within the meaning of the Penal Code applicable.

5 PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-5. Power to enter and examine premises, etc.

(1) The Director General, a Medical Officer of Health or an inspector may for the purpose of exercising the powers under this Act, between the hours of six o'clock in the morning and ten o'clock in the evening, with or without assistants, enter and examine any premises.

[ Am. Act A1086 - Prior text read - (1) Subject to subsection (2), the Director General, a Medical Officer of Health or an inspector may for the purpose of exercising the powers under this Act, between the hours of six o'clock in the morning and six o'clock in the evening, with or without assistants, enter and examine any premises.]

(2) [ Deleted by Act A1086 - prior text read - (2) No person shall, unless with the consent of the owner or occupier thereof, enter any premises by virtue of the powers conferred by subsection (1) without at least twelve hours' previous notice being given to the owner or occupier thereof.]

(3) Where it is necessary and

6 PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-6. Powers of seizure.

(1) The Director General, a Medical Officer of Health or an inspector may -

(a) 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

(b) 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.

(2) The Director General, a Medical Officer of Health or an inspector shall prepare a list of all articles seized under subsection (1) 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.

(3) When no person is charged for

7 PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-7. Requirement to supply information.

(1) The Director General, a Medical Officer of Health or an inspector may require the owner or occupier of any premises or the agent or the servant thereof or any person whom he has reason to believe is committing or has committed an offence under this Act -

(a) to give his name and residence;

(aa) to give his name and residence; to produce-

(i) his identity card;

(ii) in the case of any business premises, any document pertaining to the registration or licensing of such business under any written law; and

(iii) any other document required by the Director General, a Medical Officer of Health or an inspector for the purpose of ascertaining the identity of the owner or occupier of the premises;

[Ins. Act A1086 - added subs (aa)]

(b) to supply information relating to the propagation of disease-bearing insects or

8 PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-8. General power to direct or take measure to destroy etc. diseasebearing insects.

(1) Where it appears to the Director General or a Medical Officer or an inspector of Health 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.

[Am. Act A1086*]

(2) Without prejudice to the generality of the powers specified in subsection (1) the Director General or a Medical Officer or an inspector of Health 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,

9 PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-9. Owner or occupier to render assistance.

(1) Where the Director General, a Medical Officer of Health or an inspector, in carrying out the purposes of this Act, requires the assistance of the owner or occupier of any premises, such owner or occupier shall render such assistance as required to enable the measure or work to be taken or done effectively.

(2) In particular and without prejudice to the generality of subsection (1), the owner or occupier shall, before any application of insecticide commences -

(a) put away or cover all foodstuffs, clothing and other articles likely to be contaminated or damaged by the application;

(b) extinguish all fires and naked flames on the premises for the duration of the application;

(c) remove all picture-frames, mirrors, cupboards, foodsafes and all furniture away from the walls and leave them in such a position that the walls and furniture can conveniently be applied with the insectici

10 PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-10. Medical examination of persons suspected of being infected with insect-borne disease.

(1) The Director General or a Medical Officer of Health may -

(a) medically examine any person suspected or likely to be infected with insect-borne disease for the purpose of ascertaining whether such person is suffering from, or has recently suffered from, or is a carrier of, any insect-borne disease, or whether such person has been recently exposed to infection by any such disease, including the examination of his blood, urine and stool;

(b) medically treat or isolate any person who is suffering from any insect-borne disease or to do both; and

(c) cause a post-mortem examination to be made on any corpse where the death is suspected to have been caused by any insect-borne disease.

(2) Any person who refuses, fails or neglects to submit for examination, treatment or isolation under paragraph (a) or (b) of subsection (1) or any person having the custo

10A PART II POWERS OF DIRECTOR GENERAL AND MEDICAL OFFICER OF HEALTH-10A. Power to require information and examine persons.

(1) The Director General, a Medical Officer of Health or an inspector making an investigation and examination under this Part shall have the power to require information, whether orally or in writing, from any person acquainted with the facts and circumstances of the matter under investigation.

(2) Any person who, on being required by the Director General, a Medical Officer of Health or an inspector to give information under this section, refuses to comply with such requirement or furnishes as true any information which he knows or has reason to believe to be false, untrue or incorrect, in whole or in part, shall be guilty of an offence.

(3) If any information furnished under subsection (2) is proved to be false, untrue or incorrect, in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted or furnished inadvertently or without criminal or fraudulent intent.

(4) The Direct

11 PART III OTHER OFFENCES AND DUTIES OF OWNER AND OCCUPIER-11. Approval to be obtained for operations likely to propagate or harbour disease-bearing insects.

(1) Where in the opinion of the Director General or a Medical Officer of Health that any building, land development, land reclamation, excavation, quarrying or other operations which are being or will be undertaken, executed or carried out by any person, are likely to propagate or harbour disease-bearing insects, the Director General or the Medical Officer of Health may require that person to submit to him the plans for such works.

(2) The Director General or the Medical Officer of Health may after studying to plans require the person undertaking, executing or carrying out the building, land development, land reclamation, excavating, quarrying or other operations to comply with such conditions as he may deem necessary to prevent the propagation or harbouring of disease-bearing insects.

(3) Any person who fails to submit plans as required under subsection (1) or refuses, fails or neglects to comply with any condition imposed under that s

12 PART III OTHER OFFENCES AND DUTIES OF OWNER AND OCCUPIER-12. Prohibition on clearing undergrowth under certain circumstances etc.

(1) Any owner, occupier or any other person who intends to do or to cause or permit to be done any of the following, that is to say -

(a) to cut down or clear any undergrowth or other vegetation within twenty feet of any stream or seepage or running or stagnant water to which shade have been afforded by the development of such undergrowth or other vegetation;

(b) to cut down or clear any jungle, undergrowth or other vegetation; or

(c) to make holes for the purposes of planting, replanting or developing the land,

shall notify the Director General or a Medical Officer of Health in writing of his intention not less than fourteen days before the commencement of the work.

(2) The Director General or a Medical Officer of Health on receipt of the notice under subsection (1) may in writing order the owner, occupier or other person to take such measures as he may speci

13 PART III OTHER OFFENCES AND DUTIES OF OWNER AND OCCUPIER-13. Prohibition on creating conditions likely to propagate or harbour disease-bearing insects.

(1) No person shall do or perform any act which may, or is liable to, create such conditions as may likely to propagate or harbour disease-bearing insects or permit or allow such conditions to arise or continue.

(2) Any person who contravenes subsection (1) shall be guilty of an offence under this Act.

14 PART III OTHER OFFENCES AND DUTIES OF OWNER AND OCCUPIER-14. Prohibition on breeding, etc. of disease-bearing insects without permission.

(1) No person shall breed, keep, collect, distribute, sell, import or export any disease-bearing insect without the permission in writing of the Director General.

(2) Any permission granted under the provisions of subsection (1) -

(a) shall be at the discretion of the Director General upon his being satisfied that the application thereof has been made for a scientific purpose or for purposes of education or research or for other causes acceptable to him;

(b) may be subject to such conditions as the Director General may deem fit to impose; and

(c) may be revoked at any time by the Director General without assigning any reason therefor.

(3) Any person who contravenes subsection (1) or who commits a breach of any condition imposed under paragraph (b) of subsection (2) shall be guilty of an offence under this Act.

15 PART IV MISCELLANEOUS-15. Recovery of costs and expenses.

(1) If the amount of costs and expenses payable under subsection (7) of section 8 is not paid by the party liable to pay the same within seven days after demand, such failure to pay may be reported to a Magistrate's court and notwithstanding any written law the amount may be recovered in the same manner as if it were a fine imposed by such court.

(2) Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Director General or a Medical Officer of Health in or about the execution of any work required to be done under this Act and such costs and expenses are recoverable under this Act from the owner thereof, such person shall continue to be liable for the payment of all such costs and expenses payable in respect of such property and for the performance of all other obligations imposed by this Act upon the owner of such property which became payable or were required to be performed prior to su

16 PART IV MISCELLANEOUS-16. Service of orders, etc.

(1) Every order, notice or other document required by this Act or any regulations made thereunder to be served on any person may be served -

(a) by delivering the same to the person or by delivering the same at his last known place of abode to some adult member or servant of his family; or

(b) by leaving the same at his usual or last known place of abode or business in a cover addressed to him; or

(c) by forwarding the same by post in a prepaid letter addressed to the person at his usual or last known place of abode or business.

(2) An order, notice or other document required by this Act or any regulations made thereunder may be served on a body corporate, firm, society or other body of persons -

(a) by serving the same on a director, manager, secretary or other similar officer or partner or any person purporting to act in such capacity;

17 PART IV MISCELLANEOUS-17. Appeals to Minister.

(1) Where an owner or occupier of any premises is of the opinion that any written order which is made under this Act and which affects him or anything proposed to be done is unreasonable or unnecessary, he may, within the period specified in the order (such period being not less than seven days from the date of the service of the order), appeal in writing to the Minister, whereupon the execution of the order or the doing of the thing required to be done shall be stayed.

(2) The Minister may confirm, vary or rescind the order or direct that the measure or work specified therein shall be proceeded with, varied or abandoned, as the case may be, or make any order which the Director General or a Medical Officer of Health is competent to make under this Act, and the decision of the Minister thereon shall be final.

18 PART IV MISCELLANEOUS-18. No compensation.

No person shall be entitled to compensation for any expense incurred or damage occasioned by any order given or act done in pursuance of this Act or any regulations made thereunder unless such damage has been occasioned maliciously or without reasonable cause.

19 PART IV MISCELLANEOUS-19. Duty of owner and occupier to protect works for preventing the breeding of disease-bearing insects.

(1) 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.

(2) Where any premises are used in such a manner as to cause the deterioration of, or to lessen the full efficiency 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 man

20 PART IV MISCELLANEOUS-20. Penalty for damaging works executed by Director eneral or a Medical Officer of Health.

Any person who, without the consent of the Director General or a Medical Officer of Health interferes with, damages, injures, destroys or renders useless any works executed or any materials or things placed in, under or upon any premises by or under the orders of the Director General or a Medical Officer of Health shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding ten thousand ringgit; and the Director General or a Medical Officer of Health may notwithstanding any written law recover from the person convicted, in the same manner as if it were a fine imposed by a Magistrate's court, such costs and expenses as were incurred in repairing the works or replacing the materials or things so interfered with, damaged, injured, destroyed or rendered useless.

[Am. Act 1086 - Original text read - " Any person who, without the consent of the Director General or a Medical Officer o

21 PART IV MISCELLANEOUS-21. Penalty for obstructing.

Any person who obstructs the Director General, a Medical Officer of Health, an inspector or any person engaged in carrying out the provisions of this Act shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two year or to both.

[Am. Act A1086 - Prior text read - "Any person who obstructs the Director General, a Medical Officer of Health, an inspector or any person engaged in carrying out the provisions of this Act shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both."]

22 PART IV MISCELLANEOUS-22. Liability of owner, occupier, servants, etc.

(1) 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.

(2) 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, fir

22A PART IV MISCELLANEOUS-22A. Institution and conduct of prosecution.

A prosecution in respect of an offence under this Act shall not be instituted except by or with the consent of in writing of the Public Prosecutor.

[Ins. Act A1086]

23 PART IV MISCELLANEOUS-23. General penalty.

Any person guilty of an offence under this Act or any regulation made thereunder for which no specific penalty is provided shall be liable on conviction -

(a) in respect of a first offence to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both;

(b) in respect of a second or subsequent offence to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five year [Ed. Note should be "years" - however A1086 did not amend] or to both;

(c) in respect of a continuing offence to a further fine not exceeding five hundred ringgit for every day that the offence is continued.

[Am. Act A1096 - Prior text read -

"Any person guilty of an offence under this Act or any regulation made thereunder for which no specific penalty is provided shall

23A PART IV MISCELLANEOUS-23A. Magistrate of the First Class to have full urisdiction.

Notwithstanding the provisions of any written law to the contrary, a court of a Magistrate of the First Class shall have jurisdiction to try any offence under this Act and to award the full punishment for any such offence.

[Ins. Act A1086]

24 PART IV MISCELLANEOUS-24. Police assistance.

Where the Director General, a Medical Officer of Health or an inspector requires to enter into any premises for the purpose of carrying out the provisions of this Act, he may if he considers it necessary obtain the assistance of a police officer and such police officer shall render such assistance as may be necessary for the purpose.

25 PART IV MISCELLANEOUS-25. Power to compound.

(1) The Director General, a Medical Officer of Health, an inspector or a public officer authorized in writing in that behalf by the Director General may compound any offence committed by any person under this Act or any regulations made under this Act and prescribed by regulations made under this Act to be a compoundable offence, by making a written offer to the person suspected of having committed the offence to compound the offence upon payment to the Director General, a Medical Officer of Health, an inspector or a public officer so authorized of an amount not exceeding five hundred ringgit within the time specified in the offer.

(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General, a Medical Officer o

26 PART IV MISCELLANEOUS-26. Act to apply to all property.

Except as provided in section 19, this Act shall apply to all property of every description including that belonging to, vested in or maintained by any statutory body.

27 PART IV MISCELLANEOUS-27. Powers to make regulations.

The Minister may make regulations for carrying out the purposes of this Act and without prejudice to the generality of the foregoing words may -

(a) specify the measures or work to be taken or done by any person or class of persons to prevent the propagation and harbouring of disease bearing insects;

(b) require any person or class of persons to submit such information as may be specified;

(c) prescribe the control of and conditions governing the import or export of disease bearing insects;

(d) prescribe the offences which may be compounded and the manner of compounding;

(e) prescribe the forms of any order, notices, or any other document required under this Act or any regulations made thereunder.